33330225RF0010015 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

Ivy Tucker 202-633-7297

1x 06/10/2025

33330225RF0010015

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

This Request for Proposals (RFP) is for Smithsonian Institution The Office of

Facilities Management & Reliability (OFMR) to complete the Preventive and Remedial

Maintenance Service for its Boilers for 1 (one) 12-month base period and 9 (nine) optional periods for its museum and facilities in the following locations:

Washington, DC, New York City, New York, Suitland, Maryland, Chantilly and Front

Royal, Virginia, Edgewater, Maryland (SF Project # 2070108).

The applicable North American Industry Classification Codes (NAICS) are: 238220 -

Plumbing, Heating, and Air-Conditioning Contractors, Size standard $19 million and

221330 - Steam and Air-conditioning Supply size standard is $30 million.

The Contractor receiving the award shall provide all supervision, labor, materials and equipment necessary to perform Boiler services to complete the work as described in this RFP below and the Contract Documents (as defined in Section B of this RFP), including, without limitation, the Drawings and Specifications for this Project, attached hereto as Option 1-3. All work shall be done in accordance with applicable codes and regulations.

This RFP consists of the following:

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 0 calendar days and complete it within ________________ ________________ calendar days after receiving

07/16/2025

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

Christine Grant

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

3 62

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

33330225RF0010015

This Standard Form 1442, Sections A-M, p. 1-,.66

All Contract Documents (as defined in Section B below), including, without limitation, the

Specifications and Drawings attached hereto as

Appendix

All other documents and attachments listed in

Section J of this RFP below.

REQUEST FOR CLARIFICATIONS

It is desired that all questions/clarifications be sent in, sequentially numbered for example first questions 1,2,3, second set of questions

4,5,56, etc. in word format to Tuckeri@si.edu It is requested that all questions be sent in no later than June 18, 2025, at 3PM EST.

No site visit has been arranged, if you feel a site visit is warranted, please send an email requesting one.

Proposals are to be submitted in pdf form (1 pdf for Technical, 1 pdf for Cost) emailed to

Tuckeri@si.edu

If any pricing information is on the Technical

Proposal, Offeror will be disqualified.

The Proposal due date is July 16, 2025, at 3:00PM

The COTR for this project is Anthony Walker

Period of Performance: 07/16/2025 to 07/16/2026

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

Sponsored by GSA

FAR (48 CFR) 53.110

TABLE OF CONTENTS

B - Supplies or Services/Prices ............................................................ page 5

C - Description/Specifications ............................................................. page 6

D - Packaging and Marking ................................................................. page 7

E - Inspection and Acceptance ............................................................ page 8

F - Deliveries or Performance .............................................................. page 9

G - Contract Administration Data ........................................................ page 15

H - Special Contract Requirements ..................................................... page 21

I - Contract Clauses ............................................................................. page 23

J - List of Documents, Exhibits and Other Attachments ...................... page 53

K - Representations, Certifications, and Other Statements of Bidders page 54

L - Instructions, Conditions, and Notices to Bidders ........................... page 62

M - Evaluation Factors for Award ....................................................... page 64

B - Supplies or Services/Prices

(Cost must be submitted in a separate email)

B.1 The Smithsonian Institution intends to award a firm fixed-price IDIQ Services contract to several successful

Offeror’s. The successful Offeror’s shall provide all necessary travel, labor, materials, parts, tools, equipment, and project management to perform the required services in accordance with the Statement of Work (SOW) for

Preventive and Remedial Maintenance Services for Boilers.

B.1. The term “Contract Documents” shall be deemed to include all Contract Clauses, the terms and conditions of this RFP, and all drawings, specifications and basis of design documents referenced in Section J, including, without limitation, the drawings, specifications and basis of design documents identified in Section B.2.1. below. All work shall be performed in strict accordance with the Contract Documents as shown, or as may be changed by modification issued by the Contracting

Officer. No deviations are permitted unless a change notice is issued and approved in advance by the Smithsonian Institution

Contracting Officer.

B.1.1. Contract Documents includes, without limitation, the Attachments as referenced below:

1. Facilities Management: Preventive and Remedial Maintenance Services for its boilers.

a. Attachment B – Final Inventory

b. Attachment C – Tririga Usage Section 5.3

c. Attachment D – OCON 520

d. Attachment E—Hot Work Permit

e. Attachment G—SD419

f. Attachment H – SI-707

Pricing – Offerors shall identify all costs associated with

B.2.1. Facilities Management: Preventive and Remedial Maintenance Services for its boilers project, to include Base and

Option 1, as set forth in the Contract Documents. Offerors are required to provide the Base and Option 1 Cost

Proposal Submission Form (B.3.1).

C - Description/Specifications

Facilities Management (FM) has a facility wide requirement for Preventive and Remedial Maintenance

Services for Boilers with multiple original equipment manufacturers. OFMR is the world leader in museum facilities management and operates and maintains the facilities of the Smithsonian in Washington, DC, New

York City, New York, Suitland, Maryland, Chantilly and Front Royal, Virginia, Edgewater, Maryland and

Smithsonian Tropical Research Institute (STRI) located in Panama.

The Smithsonian Institution founded in 1846 is the world’s largest museum, education, and research complex consisting of 19 museums and galleries, NZP, 9 Research Centers around the world including the

Smithsonian Tropical Research Institute (STRI) in Panama. The Smithsonian welcomes millions of visitors each year to our facilities in the Washington, DC, area and New York City. Our staff and volunteers work to deliver a "seriously amazing" experience to everyone who visits, 364 days a year.

Collections:

Smithsonian protects and preserves the nation’s rich heritage, art from across the globe and the immense diversity of the natural and cultural world. The Smithsonian is committed to the conservation of its collection of artifacts and art for future generations. Preservation of these items are threatened by repeated exposure to a variety of detrimental factors including excessive light, temperature and humidity extremes, poor handling and storage practices, pests, and accidental damage. Therefore, appropriate and proper facility management of the environment housing the artifacts is imperative to the conservation practices for preserving history and the treasures of the United States of America.

Animal Life Support and Safety at the National Zoological Park:

NZP has two main facilities, one located in Upper Northwest Washington DC (Zoo) and a Conservation

Biology Institute (SCBI) located in Front Royal, Virginia. Both house the living treasures of the United

States of America. Many of these animals are deemed endangered species, extinct or of a unique breed. The main Zoo is open to the public 365 days a year and SCBI mission is a captive breeding facility where animals are studied and bred without the stress of public viewing. Thus, appropriate and proper facility management of the environment housing the live animals including the life support systems at the Zoo facilities are crucial for survival of the living treasures and determines how we manage our facilities. We cannot risk animal life due to substandard contractor services to our facilities.

D - Packaging and Marking

(NOT APPLICABLE)

E - Inspection and Acceptance

52.246-12 Inspection of Construction. (AUG 1996)

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

Inspection and acceptance may be made on a daily basis on work performed at the job site, by the

Contracting Officers Technical Representative. All work shall be coordinated through the COTR for acceptance of work, payrolls and invoice(s).

52.246-S0039 Final Inspection and Tests (Jun 2000)

The requirements of the Inspection of Construction clause prescribed in FAR 52.246-12, are supplemented to provide that the Contractor shall give the Contracting Officer at least 10 calendar days advance written notice of the date the work will be fully completed and ready for final inspection and tests. Final inspection and tests will be started within 10 calendar days from the date specified in the aforesaid notice unless the

Contracting Officer determines that the work is not ready for final inspection and so informs the

Contractor.

52.246-S0057 Inspection (January 2023)

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

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

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

52.246-S0058 Acceptance (January 2023)

(a) The supplies and services rendered under this contract will be accepted and approved by the Contracting

Officer or a designated representative thereto. Such approval will indicate acceptability to the Smithsonian

Institution of performance in accordance with the terms and conditions of this contract and will be subject to applicable warranties. The Smithsonian Institution reserves the right to reject works not conforming to prescribed contract requirements.

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

Smithsonian Institution caused by the Contractor's negligent performance of any of the supplies or services furnished under this contract.

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

F - Deliveries or Performance

F.1 PERIOD OF PERFORMANCE

F.1.1 Base Term: The awarded contract shall become effective upon full execution by the Parties and continue for a base period of one (1) year from the date of execution.

F.1.2 Option to Renew (523217-9 Option to Extend the Term of the Contract): Following the base year term, the awarded Contract shall, at the Option of the Smithsonian Institution, which reserves renewal rights, automatically renew for successive one (1) year terms for up to nine (9) years. The Smithsonian shall notify the contractor of the intention to renew in not less than thirty (30) days prior to the awarded contract’s expiration date. Notice of intent to renew does not guarantee renewal

F.1.3. The above periods represent timeframes in which the Smithsonian Institution may issue Work Orders to the contractor against the awarded Contract. The Smithsonian Institution does not guarantee any minimum number of

Work Orders, nor does it impose a maximum, for either the base term or any subsequent one (1) year terms.

F.2 DELIVERABLES

All deliverables in two formats:

Editable industry standard formats, MS Word, PowerPoint and Excel

Publishable/printable PDF ready for distribution

F.4 DELIVERY POINT

The contractor shall provide all deliverables to the designated Contracting Officer’s Technical Representative

(“COTR”), unless otherwise specified in the individual Work Order, at no additional charge to the Smithsonian

Institution.

52.211-S0025 Commencement, Prosecution, and Completion of Work (Jun 2000)

(a) Definitions.

(1) The Contract Time is the period of time allotted in the Contract Documents for Final Completion of the

Work as defined in this Construction Contract Clause, including authorized extensions thereto. The

Contractor shall complete his Work within the Contract Time as stated in the SF 1442, or as modified.

(2) The date of commencement of the Work is the date established in the Notice to Proceed issued by the

C.O. Submission by the Contractor of its Performance and Payment Bonds, Preliminary Schedule and all

Certificates of Insurance and their approval by the S.I. are conditions precedent to the issuance of the

Notice to Proceed. The Contractor shall not commence the Work or store materials or equipment on site until written Notice to Proceed is issued or until the Contractor otherwise receives the written consent of the C.O.

(3) The date of Substantial Completion of the Work or designated portion thereof is the date certified by the

COTR when the Work or a designated portion thereof is sufficiently complete, in accordance with the

Contract Documents, so the S.I. can fully occupy the Work or designated portion thereof for the use for which it is intended, with all of the Project's parts and systems operable as required by the Contract

Documents. Only punch list work and any final cleaning beyond that needed for the S.I.'s full use may remain for Final Completion.

(4) The date of Final Completion of the Work is the date certified by the COTR when the Work is totally complete, to include punch list work and final clean up, in accordance with the Contract Documents and the

S.I. may fully occupy and fully utilize the Work for the use for which it is intended.

(5) If a date or time of completion is included in the Contract, it shall be the Date of Final Completion as defined in this Construction Contract Clause, including authorized extensions thereto, unless otherwise provided.

(6) The term Day as used in the Contract Documents shall mean calendar day unless otherwise specifically designated. All dates shall mean midnight of the indicated day unless otherwise stipulated.

(b) Progress and Completion.

(1) All time limits stated in the Contract Documents are of the essence of the Contract.

(2) The Contractor shall prosecute the Work diligently to Final Completion.

(c) Delays and Extensions of Time.

(1) The time during which the Contractor is delayed in the performance of the Work, by the acts or omissions of the S.I., the Architect, or their employees or agents, acts of God, unusually severe and abnormal climatic conditions, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion or freight embargoes, or other conditions beyond the Contractor's control and which the

Contractor could not reasonably have foreseen and provided against, shall be added to the Contract Time;

provided, however, that no claim by the Contractor for an extension of time for delays will be considered unless made in compliance with the requirements of this Article and other provisions of the Contract

Documents.

(2) Neither the S.I., nor the Architect shall be obligated or liable to the Contractor for, and the Contractor hereby expressly waives any claims against the S.I. and the Architect on account of any indirect or direct damages, costs or expenses of any nature which the Contractor, Subcontractors, of Suppliers or any other person may incur as a result of any delays, interference, changes in sequence or the like, which are reasonable, foreseeable, contemplated, or avoidable by the Contractor, arising from or out of any act or omission of the S.I. of the Architect, or their agents, employees, consultants, separate contractors or any governmental representative, it being understood and agreed that the Contractor's sole and exclusive remedy in any such events shall be an extension of the Contract Time, but only as determined in accordance with the provisions of the Contract Documents.

(3) The Contract Time shall be adjusted only for Change Orders pursuant to the Construction Contract

Clause entitled "Changes", excusable delays pursuant to Construction Contract Clause entitled "Delays and

Extensions of Time" and Construction Contract Clause entitled "Smithsonian Institution's Right to Stop or to Suspend the Work". In the event the Contractor requests an extension of the Contract Time, he shall furnish such justification and supporting evidence as the C.O. may deem necessary for a determination of whether the Contractor is entitled to an extension of time under the provisions of the Contract. The burden of proof to substantiate a claim for an extension of the Contract Time shall rest with the Contractor, including evidence that the cause was beyond his control. The C.O. shall base his findings of fact and decision on such justification and supporting evidence and shall advise the Contractor in writing thereof. If the C.O. finds that the Contractor is entitled to any extension of the Contract Time, the C.O.'s determination of the total number of days' extension shall be based upon the currently approved Progress Schedule and on all data relevant to the extension. Such data will be incorporated into the Progress Schedule in the form of a revision thereto, accomplished in a timely manner. The Contractor acknowledges and agrees that actual delays (due to said changes, suspensions of work or excusable delays) in activities which, according to the

Progress Schedule, do not affect the Contract Time, do not have any effect upon the Contract Time and therefore will not be the basis for a change therein. The Contractor acknowledges and agrees that time extensions will be granted only to the extent that excusable delays exceed the available float in the

Contractor's Progress Schedule.

(4) Subject to other provisions of the Contract, the Contractor may be entitled to an extension of the

Contract Time (but no increase in the Contract Price) for delays arising from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, his Subcontractors or Suppliers as follows:

(i) Labor disputes and strikes (including strikes affecting transportation), that do, in fact, directly and critically affect the progress of the Work; however, an extension of Contract time on account of an individual labor strike shall not exceed the number of days of said strike;

(ii) Acts of God, tornado, fire, hurricane, blizzard, earthquake, typhoon, or flood that damage completed work or stored materials.

(iii) Abnormal inclement weather; however, the Contract Time will not be extended due to normal inclement weather. The time for performance of this Contract, as stated in the Contract Documents, includes an allowance for calendar days, which may not be available for construction out-of-doors; for the purposes of the Contract, the Contractor agrees that said number of calendar days per month are to be considered as normal inclement weather. Unless the Contractor can substantiate to the satisfaction of the

S.I. that there was greater than normal inclement weather considering the full term of the Contract Time using a ten year average of accumulated record mean values from climatological data compiled by the U.S.

Department of Commerce, National Oceanic and Atmospheric Administration for the locale of the Project and that such alleged greater than normal inclement weather actually delayed the Work or portions thereof which had an effect upon the Contract Time, the Contractor shall not be entitled to an extension of time. If the total accumulated number of calendar days lost due to inclement weather, from the start of Work until

Final Completion, exceeds the total accumulated number to be expected for the same period from the aforesaid climatological data, time for completion will be extended by the number of calendar days needed to include the excess number of calendar days lost.

(iv) Acts of the public enemy, acts of the state, Federal or local government in its sovereign capacity, and acts of a separate contractor in the performance of its contract with the S.I. relating to the Project.

(5) The Contractor shall not be entitled to and hereby expressly waives any extension of time resulting from any conditions or cause unless said claim for extensions of time is made in writing to the C.O. within seven

(7) days of the first instance of delay. Circumstances and activities leading to such claim shall be indicated or referenced in a daily field inspection report for the day(s) affected; otherwise, all such claims are waived by the Contractor. In every such written claim, the Contractor shall provide the following information:

(i) Nature of the delay;

(ii) Date (or anticipated date) of commencement of delay;

(iii) Activities on the Progress Schedule affected by the delay, and/or new activities created by the delay and their relationship with existing activities;

(iv) Identification of person(s) or organizations(s) or event(s) responsible for the delay;

(v) Anticipated extent of the delay;

(vi) Recommended action to avoid or minimize the delay.

(d) Responsibility for Completion.

(1) The Contractor shall furnish such manpower, materials, facilities and equipment and shall work such hours, including night shifts, overtime operations and Sundays and holidays, as may be necessary to insure the progress and completion of the Work in accordance with the approved and currently updated Progress

Schedule. If Work actually in place falls behind the currently updated and approved Progress Schedule and it becomes apparent from the current Progress Schedule that the Work will not be completed within the

Contract Time, the Contractor agrees that he will, as necessary, take some or all of the following actions at no additional cost to the S.I., as required to eliminate substantially the backlog of the Work:

(i) Increase manpower in quantities and crafts necessary

(ii) Increase the number of work hours per shift, shifts per working day, working days per week, the amount of equipment, or any combination of the foregoing; and/or

(iii) Re-schedule activities to achieve maximum practical concurrence.

(2) The COTR may require the Contractor to submit a Recovery Schedule in accordance with the

Supplementary Construction Contract Clause, demonstrating his program and proposed plan to make up the lag in scheduled progress and to ensure completion of the Work within the Contract Time. If the COTR finds the proposed plan not acceptable, he may require the Contractor to submit a new plan. If the actions taken by the Contractor or the second plan proposed are not satisfactory, the COTR may require the contractor to take any of the actions set forth in this Construction Contract Clause without additional costs to the S.I., to make up the lag in scheduled progress.

(3) Failure of the Contractor to comply substantially with the requirements of this Construction Contract

Clause may be considered grounds for a determination by the S.I., pursuant to the Construction Contract

Clause entitled "Default", that the Contractor is failing to prosecute the Work with the sufficient diligence to ensure its completion with the Contract Time.

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

(a) If the Contractor fails to correct defective Work as required by the

Construction Contract Clause entitled "Correction of Work", or fails to carry out the Work or supply labor and materials in accordance with the

Contract Documents, the C.O. by a written order may order the

Contractor to stop the Work, or any portion thereof, without monetary compensation to the Contractor until the cause for such order has been eliminated.

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

S.I.

(c) If the performance of all or any part of the Work is, for an unreasonable period of time, suspended, delayed, or interrupted by the

S.I. or its authorized representatives in the administration of this

Contract, or by failure of any one of them to act within the time specified in this Contract (or if no time is specified, within a reasonable time), an adjustment shall be made for an increase in the actual time required for performance of the Work by the Contractor, due solely to such unreasonable suspension, delay, or interruption and the Contract modified in writing accordingly. However, no claim for an extension of time shall be made under this Construction Contract Clause for any suspension, delay, or interruption pursuant to this Construction Contract

Clause, or for which claim is provided or excluded under any other provision of this Contract. No claim under this Construction Contract

Clause shall be allowed for any claim for an extension of time required for performance, unless within twenty (20) days after the act or failure to act involved, the Contractor submits to the COTR a written statement setting forth, as then practicable, the extent of such claimed time extension and unless the claim for an extension of time is asserted in writing as soon as practicable after the termination of such suspension, delay, or interruption. No claim shall be made for direct or indirect costs incurred by Contractor as a result of the events described in this

Construction Contract Clause, a time extension being the Contractor's sole remedy.

(d) A claim under this clause shall not be allowed (1) for any costs incurred more than twenty (20) days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

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

(f) No claim by the Contractor for an equitable adjustment under the

Construction Contract Clause entitled "Equitable Adjustments", shall be allowed if asserted after Final Payment under this Contract.

52.246-S0041 Additional Warranties and Guarantees (Jun 2000)

(a) The Contractor guarantees and warrants to the S.I. all work as follows:

(1) That all materials and equipment furnished under this Contract will be new and the best of its respective kind unless otherwise specified;

(2) That all Work will be first-class quality and free of omissions and faulty, poor quality, imperfect or defective material or workmanship;

(3) That where no standard is specified for such workmanship or materials, they shall be the best of their respective kinds;

(4) That the Work shall be entirely watertight and leakproof in accordance with all applicable industry customs and practices, and shall be free of shrinkage and settlement, (normal shrinkage inherent in the specified materials is acceptable);

(5) That the Work, including but not limited to, mechanical and electrical machines, devices and equipment shall be fit and fully usable for its intended and specified purpose and shall operate satisfactorily with ordinary care;

(6) That consistent with requirements of the Contract Documents the Work shall be installed and oriented in such a manner as to facilitate unrestricted access for the operation and maintenance of fixed equipment;

(7) That the Work will be free of abnormal or unusual deterioration which occurs because of poor quality materials, workmanship or unsuitable storage.

(b) All work not conforming to guarantees and warranties specified in the Contract Documents, including substitutions not properly approved and authorized, may be considered defective. If required by the COTR, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

This warranty is not limited by the provisions of the Construction Contract Clauses entitled "Uncovering of

Work" and "Correction of Work".

(c) The warranties set forth in this Construction Contract Clause entitled "Additional Warranties and

Guarantees" and elsewhere in the Contract Documents shall survive Final Completion of the Work under the Construction Contract Clause entitled "Payments and Completion".

(d) If, within one year after the Date of Final Completion of the Work or designated portion thereof or within one year after acceptance by the S.I. of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract

Documents, any of the Work is found to be defective, not in accordance with the Contract Documents, or not in accordance with the guarantees and warranties specified in the Contract Documents, the Contractor shall correct it within five (5) working days, or such other period as mutually agreed, after receipt of a written notice from the COTR to do so.

(e) Any materials or other portions of the Work, installed, furnished or stored on site which are not of the character or quality required by the specifications, or are otherwise not acceptable to the COTR, shall be immediately removed and replaced by the Contractor to the satisfaction of the COTR, when notified to do so by the COTR.

(f) If the Contractor fails to correct defective or nonconforming Work as required by the Construction

Contract Clause entitled "Correction of Work", or if the Contractor fails to remove defective or nonconforming Work from the site, as required by the Construction Contract Clause entitled "Uncovering of Work", the S.I. may elect to either correct such work in accordance with the Construction Contract

Clause entitled "Smithsonian Institution's Right to Carry Out The Work", or remove and store materials and equipment at the expense of the Contractor.

(g) The Contractor shall bear the cost of making good all work of the S.I., separate contractors or others, destroyed or damaged by such correction or removal required under this Construction Contract Clause or the Construction Contract Clauses entitled "Uncovering of Work" and "Correction of Work", or elsewhere in the Contract Documents.

G - Contract Administration Data

52.202-S0059 Contract Management (January 2023)

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

52.202-S0060 Contracting Officer (January 2023)

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

Contracting Officer authorizing such changes.

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

(a) The Contracting Officer's Technical Representative (COTR) Anthony Walker, or her authorized representative shall act for and on behalf of the Contracting Officer in the administration of any resultant contract with respect to:

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

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

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

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

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

52.202-S0062 Authorities (January 2023)

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

Smithsonian employee to direct the Contractor contractually should be referred to the Contracting Officer.

52.215-S0002 Authorized Negotiators (Apr 1984)

The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the

Government in connection with this request for proposals or quotations: [list names, titles, and telephone numbers of the authorized negotiators].

52.215-S0063 Key Personnel (January 2023)

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

NAME LABOR CATEGORY

Offerors shall also provide this information in their technical proposal.

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

Contracting Officer.

(c) General Approval. All Contractor personnel assigned to this contract are subject to Smithsonian review in accordance with the defined labor categories herein. Contractor personnel found unacceptable by the

Smithsonian at any time shall be removed from performing under this contract within 14 calendar days after notification. Such notification shall be delivered in writing by the Contracting Officer to the

Contractor.

52.232-S0047 Application for Payment for Construction (August 2024)

The provisions of the Clause entitled "Payment Under Fixed-Price Construction Contracts" prescribed in

FAR 52.232-5 are modified as follows:

(a) SCHEDULE OF VALUES:

(1) As part of the submission of its Preliminary Schedule, the Contractor shall submit to the COTR a

Schedule of Values, allocated to the various portions of the Work including mobilization and demobilization. This schedule, supported by data from the approved Progress Schedule, shall be used as a basis for the Contractor's Applications for Payment for any increase or decrease in the Contract price. The

Contractor shall not front-end load his Schedule of Values.

(b) APPLICATIONS FOR PAYMENT:

(1) The S.I. shall make progress payments monthly as the Work proceeds on Applications for Payment approved by the Contracting Officer.

(2) The S.I. shall, upon request, reimburse the Contractor for the entire amount of premiums paid for

Performance and Payment bonds (including coinsurance and reinsurance agreements, when applicable) after furnishing evidence of full payment to the surety.

(3) Prior to the date for each progress payment , the Contractor, in accordance with the Supplementary

Construction Contract Clause entitled "Scheduling of the Work", shall submit to the COTR an itemized

Application for Payment, supported by such data substantiating the Contractor's right to payment as the

COTR may require, including, but not limited to the Contractor's certification that all work for which payment is requested has been completed in full in accordance with the Contract Documents, and reflecting retainage, if any, as provided elsewhere in the Contract Documents. The Contractor shall also certify that he has paid all due and payable amounts for which previous Certificates for Payment were issued and payments received from the S.I.

(4) The S.I. will retain ten percent of the amount of all progress payments until the Work is finally completed and accepted, whether or not the S.I. has occupied any or all of the Project before such time.

After fifty percent of the Work has been completed, the Contractor may request the C.O. to retain five percent of the amount of all progress payments for the Work performed beyond the fifty percent stage of completion. The decision by the C.O. concerning reduction of retention shall be final and binding upon the

Contractor.

(5) Payments may be made by the S.I. at its discretion, on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site by the Contractor. Payments for materials or equipment stored on the site shall only be considered upon submission by the Contractor of satisfactory evidence (for example, releases or paid invoices from the Seller) that he has acquired title to such material, that it will be utilized on the Work under this Contract and that it is satisfactorily stored, protected, and insured or that other procedures satisfactory to the S.I. that will protect the S.I.'s interests have been taken. Materials once paid for by the S.I. become the property of the S.I. and may not be removed from the work site without the S.I.'s written permission.

(6) S.I. will be under no obligation to make payment to the Contractor on account of materials or equipment not incorporated in the Work but delivered and stored at the site unless the Contractor, in his

Schedule of Values, includes line items for such delivered and stored materials or equipment.

(7) It is specifically understood and agreed that an inspection and approval of the materials by the COTR or any agency retained by him shall not in any way subject the S.I. to pay for the said materials or any portion thereof, even though incorporated in the Work, if said materials shall in fact turn out to be unfit to be used in the Work, nor shall such inspection be considered as any waiver of objection to the Work on account of the unsoundness or imperfection of the material used.

(8) Unless otherwise provided for elsewhere in the Contract Documents, no payments will be made for any materials or equipment stored off or away from the Site without the prior consent of the COTR.

(9) The Contractor warrants that title to all Work, materials and equipment covered by an Application for

Payment will pass to the S.I. either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to in this Construction Contract Clause as "liens"; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other person performing Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person.

(10) CONTROL OF COSTS AND PROPERTY. The Contractor shall maintain an accounting system and controls adequate for the proper administration of this clause.

(c) CERTIFICATES OF PAYMENT.

(1) The C.O. will within 5 days after receipt of the Contractor's Application for Payment, either approve the

Application for Payment for such amount as the C.O. determines is properly due, or notify the Contractor in writing of his reasons for not approving the Application for Payment as provided in this Construction

Contract Clause under "Payments Withheld".

(2) The submission and approval of the Progress Schedule and monthly updates thereof as required by the

Supplementary Construction Contract Clause entitled "Scheduling of the Work" shall be an integral part and basic element of the application upon which progress payment shall be made. The Contractor shall be entitled to progress payments only as determined from the currently Approved and Updated Progress

Schedule.

(d) PAYMENTS WITHHELD.

(1) The C.O. may decline to approve the Application for Payment or reduce payment or because of subsequently discovered evidence or subsequent observations, he may nullify the whole or any part of any

Application for Payment previously approved to such extent as may be necessary in his opinion to protect the S.I. from loss, because of:

(i) Defective work not remedied,

(ii) Third party claims filed, whether in court, in arbitration or otherwise, or reasonable evidence indicating probable filing of such claims,

(iii) Failure of the Contractor to make payments properly to Subcontractors or Suppliers,

(iv) Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price,

(v) Damage to the S.I. or to a separate contractor,

(vi) Reasonable evidence that the Work will not be completed within the Contract Time, or within any

Contract Milestones as established in the Contract Documents,

(vii) Failure or refusal of the Contractor to carry out the Work in accordance with or to otherwise substantially or materially comply with the Contract Documents,

(viii) Liens filed or reasonable evidence that a lien may be filed for any portion of the Work, or

(ix) Failure or refusal of the Contractor to properly schedule and coordinate the Work, to provide Progress

Schedules, reports and updates, or to otherwise fully comply with the Supplementary Construction Contract

Clause entitled "Scheduling of the Work".

(x) Failure or refusal of the Contractor to fully comply with the provisions of the Construction Contract

Clause entitled "Work by Smithsonian Institution or by Separate Contractors", requiring the Contractor to direct certain claims to separate contractors and to defend and indemnify the S.I. in the event separate contractors file claims.

(xi) Failure or refusal of the Contractor to fully comply with the provisions of the Construction Contract

Clause entitled "Shop Drawings, Coordination Drawings and Schedules".

(xii) Failure or refusal of the Contractor to fully comply with the provisions of the Supplementary

Construction Contract Clause entitled "Submittal Schedule".

When the above grounds in this Construction Contract Clause are removed, payment shall be made for amounts withheld because of them.

(e) SUBSTANTIAL COMPLETION.

(1) When the Contractor considers that the Work, or a designated portion thereof which is acceptable to the

S.I., is substantially complete as defined in the Construction Contract Clause entitled "Commencement, Prosecution, and Completion of Work", the Contractor shall prepare for submission to the COTR a list of items which in his opinion are to be completed or corrected and shall, request in writing that the COTR perform a Substantial Completion inspection. The COTR shall review the Contractor's list and will compile a punch list of items to be corrected and completed. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.

When the COTR on the basis of an inspection determines that the Work or designated portion thereof is substantially complete, he will then prepare a Certificate of Substantial Completion which shall establish the Date of Substantial Completion; shall state the responsibilities of the S.I. and the Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall fix the time within which the Contractor shall complete the items listed therein. Warranties required by the Contract

Documents shall commence on the Date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of

Substantial Completion shall be issued to the Contractor for his written acceptance of the responsibilities assigned to him in such Certificate and, returned to the COTR within five (5) days.

(2) The Contractor shall have thirty (30) days from the Date of Substantial Completion to complete all items on the punch list to…