33330226RF0010007 RFP.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

Christine Grant 202-633-7290

1x

33330226RF0010007

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

This Solicitation is to for the installation of emergency generator at National

Museum of American History (NMAH). The museum is located at 1300 Constitution Ave

NW, Washington, D.C., 20560. The successful offeror shall provide all materials, equipment, labor and supervision necessary to complete the work as described in the attached contract documents drawings and specifications volumes 1 and 2 dated

12/01/2025. All work shall be performed in accordance with the attached Request for proposal.

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.)

10 669 calendar days and complete it within ________________ ________________ calendar days after receiving

Specifications

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)

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

31a. NAME OF CONTRACTING OFFICER (Type or print)

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 75

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

33330226RF0010007

NSN 7540-01-152-8067 OPTIONA

L FORM 336 (4-86)

TOUR OF THE SITE:

The tour will be conducted on April 28, 2026.

Offerors can contact Christine Grant at grantca@si.edu to schedule.

QUESTIONS/ SUBMITTALS

It is desired that all questions be sent in word format, sequentially numbered for example first questions 1, 2, 3, second set of questions 4, 5, 6, etc. to grantca@si.edu . It is requested that all questions be sent in by Tuesday,May 12,2026, no later than 3PM ET.

Proposals must be submitted via Dropbox no later than 3:00 PM on Tuesday, June 16, 2026 using the following link:

https://www.dropbox.com/request/nYiuJ2GoTec73ZIPw

6mV. Please upload two separate files,clearly labeled "Technical" and "Cost"

SUBCONTRACTING PLAN REQUIREMENTS:

The successful Offeror submits with their proposal a Small Business Subcontracting Plan which will be evaluated for compliance with FAR

19.7.

For the purposes of this project, the following goals are considered reasonable and achievable during the term of the contract:

40 % a minimum of the planned subcontracting dollars to be placed with small business concerns. (The following are subsets of the small business goal):

7 % a minimum of the planned subcontracting dollars to be placed with service-disabled

Veteran owned small business (SDVSB) concerns

Sponsored by GSA

FAR (48 CFR) 53.110

A – Contract Form

See Pages 1-4 of SF 1442

B - Services/Prices

B.1. The Smithsonian Institution intends to award a firm fixed-price multi-year construction contract to the successful Contractor/Offeror.

B.2. The successful Contractor shall furnish all supervision, labor, materials and equipment needed for the installation of emergency generator at National Museum of American History, located at 1300 Constitution Ave NW, Washington, D.C., 20560 as set forth in the attached documents in Section J.

These drawings and specification dated December 1, 2025 are collectively referred to herein as the “Construction Documents.” All work shall be performed in strict accordance with the plans and specifications 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 by an authorized official at the Smithsonian Institution.

B.3. Pricing – The successful Contractor/Offeror shall identify all costs associated with the NMNH emergency generator project, as set forth in the Construction Documents.

Offerors are required to provide the Base Cost Proposal Submission as per the Bid Form and Multi-year FY Funding Increments Form (See Attachments).

B.3.1. Base Cost Proposal Submission - Provide a comprehensive cost and Bid Schedule for the NMNH emergency generator project. The format for the Base Cost Proposal Submission shall be the Construction Specifications Institute (CSI) divisions of work. Break down the Base Cost Proposal Submission into the CSI divisions listed (See Attachments).

B.3.2. Multi-year FY Funding Increments (See attachments) – The Smithsonian has identified up to $5,000,000 to fund performance of the awarded contract for the first fiscal year (FY26). The Smithsonian Institution’s obligation under this contract beyond that amount is contingent upon the availability of appropriated funds from which payment under this contract can be made. No legal liability on the part of the Smithsonian Institution for any payment may arise for performance under this contract beyond $5,000,000 unless and until funds are made available to the Contracting Officer for payment for performance under the contract and the Contractor receives notice of availability of funds, which must be confirmed in writing to the Contractor by the Contracting Officer. The Contractor shall not be obligated to continue performance beyond the funds allocated under this contract.

333302-26RF-001007 NMAH – Install Emergency Generator Page 4

Offerors are reminded that they must include in their proposal a termination cost in the event that subsequent year funds are not appropriated. Smithsonian Institution will not be liable for any costs in excess of the termination cost (cancellation charge).

52.232-18 - Availability of Funds. (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

C - Description/Specifications

C.1 Background

The Smithsonian Institution’s National Museum of American History (NMAH), located on the National Mall in Washington, D.C., is the largest history museum in the United States. As a steward of the nation’s historical and cultural legacy, NMAH plays a vital role in preserving and presenting America’s past. The museum opened to the public in 1968 and was among the final buildings designed by the renowned architectural firm McKim, Mead & White. Today, it remains one of the most visited museums in the country, welcoming approximately four million visitors annually, free of charge.

The museum’s collections include more than 1.7 million objects and 22,000 linear feet of archival materials. While many of these items are on public display, the majority are preserved in secure storage to ensure long-term protection and accessibility for future generations.

The NMAH facility encompasses approximately 750,000 square feet (69,800 square meters), consisting of a basement level, three primary exhibition floors, two levels dedicated to offices and collections, and a mechanical penthouse located on the roof.

A Facilities Master Plan was completed in 2006 by Skidmore, Owings & Merrill (SOM), guided by recommendations from the 2006 Blue Ribbon Commission Report. The Master Plan was subsequently updated in 2018 by Ann Beha Architects (now operating as Annum Architects).

Considerable progress has been made in modernizing the facility in alignment with the Master Plan. The NMAH: Install Emergency Generator project, which is the subject of this solicitation, is one of the priorities identified in the updated plan.

Currently, NMAH relies on two emergency generators to support critical life safety and security systems—one located on the roof and another on the lower level. The scope of work for this project includes the removal of the lower-level diesel-fueled generator, which has exceeded its serviceable lifespan, and the installation of two new natural gas-fueled generators on the roof, adjacent to the existing generator that supports the building’s remaining emergency loads. The new generators will increase the museum’s total emergency load capacity, enhance reliability, and improve operational resilience.

333302-26RF-001007 NMAH – Install Emergency Generator Page 5

The Smithsonian Institution is seeking offers for the NMAH: Install Emergency Generator project located at 1300 Constitution Ave NW, Washington, D.C., 20560, as described herein and in the Construction Documents.

All requirements the successful Offeror must meet concerning this project are set forth in detail in the Solicitation Documents included with this Request for Proposal (RFP). Upon receipt of Technical and Cost Proposals and the selection of a successful Offeror, the Smithsonian Institution will execute a Firm Fixed Price construction contract.

It shall be the responsibility of the contractor to immediately notify the Smithsonian Institution if the target dates and proposed work described herein adversely affect the Contractor’s Critical Path Schedule for the final completion date of this project. Contractors may propose an alternate schedule that illustrates the completion of the project in advance of the completion date.

This RFP is intended to provide all Offerors with sufficient information to enable them to prepare and submit offers for technical and cost review by the Smithsonian Institution.

Drawings and specifications are provided electronically as part of this solicitation. See Section J for complete list of documents, exhibits and other attachments.

This solicitation neither commits the Smithsonian Institution to pay any proposal preparation costs, nor obligates the Smithsonian Institution to procure or contract for construction, or any other services. It shall not be construed as authorization to proceed with or be reimbursed for any of the costs for any of the work specified herein.

The Smithsonian Institution may cancel this RFP without prior notice.

C.2. Statement of Work

The successful offeror shall provide all materials, equipment, labor and supervision necessary to complete the following work at the Smithsonian Institution, National Museum of American History, 1300 Constitution Ave NW, Washington, D.C., 20560.

The Work includes, but is not limited to, all work specified in the Contract Documents and consists of drawings and specifications beginning with Division 1 – GENERAL REQUIREMENTS and ending with Division 33– COMMUNICATIONS (with some sections omitted).

The purpose of the NMAH: Install Emergency Generator project is to replace an aging 300 kW diesel-fueled generator located on the museum’s lower level, which has exceeded its operational lifespan. This will be accomplished by furnishing and installing two (2) new 500kW natural gas-fueled generators, on the roof adjacent to the existing emergency generator. The project also includes all necessary work to support the installation, including routing a new natural gas line through the building, and performing all associated structural, mechanical, electrical, plumbing, security, hazardous material abatement, and architectural modifications required to ensure full functionality, seamless integration with existing systems, and future serviceability and maintenance.

333302-26RF-001007 NMAH – Install Emergency Generator Page 6

Specifically, work under this project includes but is not limited to:

a. Install two (2) new natural gas powered 500kW generators with integral paralleling gear on a new rooftop structural steel platform. Convert existing collections storage space (Room 4606) to a new Emergency Electrical Room to contain a new switchboard, ATS’s, transformers and panelboards. Decommission and remove existing Diesel generator on lower level.

b. Coordination between complex existing building which will remain fully operational and open to the public during the duration of the work and new electrical and gas service pathways throughout.

c. Existing conditions documentation early in the construction phase for implementation into BIM models.

d. Development of coordination and construction BIM models early in the construction phase that depict existing conditions and proposed service pathways to enable the short circuit Study.

e. A short circuit study of the proposed project prior to equipment submittals.

f. Protection of existing finishes in the areas of work.

g. Subcontract with a qualified collections handler to relocate objects in the cabinets indicated in the logistics plan to storage location within the building. Collections handler and GC shall be insured and qualified to work in a collection’s environment.

h. Relocation of collections storage equipment including shelves and cabinets.

i. Installation of a new gas line throughout the building to the roof to serve the new generators, including a quality control in situ mock-up.

j. Installation of new conduit, MI cabling, panelboards, and pull-boxes throughout the building. Removal of existing conduit, panelboards, and pull-boxes throughout the building.

k. Working around existing IT/Fiber Optic within the 4th floor corridors to allow for new conduit installation.

l. Two switchover events: One from existing to temporary emergency power supplies and one for temporary to new emergency power supplies.

m. Reinforcement of existing structure to support the new generators.

n. Removal of the existing diesel generator in the lower level.

o. Testing for lead and asbestos on existing piping at new points of connection.

p. Mechanical work in the lower level to provide new fuel oil pumps.

q. Work within and adjacent to sensitive Collection Storage areas that will have access restrictions and will require security escort.

333302-26RF-001007 NMAH – Install Emergency Generator Page 7

333302-26RF-001007 NMAH – Install Emergency Generator

r. Work within and adjacent to sensitive 5th floor spaces including the Library and the Director’s Suite.

s. All work is within an operational Museum with both staff and the public present.

t. Ceiling removals and installation on the 4th and 5th floors.

u. Hot-work required to weld the gas and containment pipe sections, cutting of existing pipe, and heat producing hot applied roofing membrane.

. Erection of temporary construction safety barriers, dust and debris air filtration and localized welding fume extraction.

w. Integration and coordination of new mechanical and generator control systems into existing Siemens BAS.

. Initial testing, commissioning and black start of new electrical emergency generator systems.

The museum will be open to visitors, and area adjacent to the construction site may remain open to visitors and staff.

Please see Attachments for additional information.

D - Packaging and Marking

Proposals must be submitted via Dropbox no later than 3:00 PM on Tuesday, June 16, 2026 using the following link: https://www.dropbox.com/request/nYiuJ2GoTec73ZIPw6mV

Please upload two separate files, clearly labeled “Technical” and “Cost.”

E - Inspection and Acceptance

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

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

333302-26RF-001007 NMAH – Install Emergency Generator Page 9 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

333302-26RF-001007 NMAH – Install Emergency Generator Page 10 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

333302-26RF-001007 NMAH – Install Emergency Generator Page 11 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.

52.211-13 Time Extensions. (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract

333302-26RF-001007 NMAH – Install Emergency Generator Page 12 completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

(End of clause)

52.228-S0081 Period of Performance-Bonds & Insurance-Construction (January 2023)

Contractor must submit approved Certificate of Insurance and Performance/Payment Bonds within ten (10) days of contract award.

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

333302-26RF-001007 NMAH – Install Emergency Generator Page 13 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

333302-26RF-001007 NMAH – Install Emergency Generator Page 14 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.

The initial period of performance is for one (1) year from the date of award. The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only because of revisions to prevailing labor rates provided by the Secretary of the U.S. Department of Labor. The Smithsonian Institution and/or the selected Contractor(s) may exercise the option to end services via written notice within thirty

(30) days of the current contract expiration date.

The Smithsonian Institution hereby reserves the right to renew the resultant contract with the selected Contractor(s) for nine (9) additional one (1) year periods.

The above periods represent the timeframes in which the Smithsonian Institution may issue a Work Order to the Contractor. The Smithsonian Institution does not guarantee any minimum work order dollar amount for either the base year or for any option year.

Requests for Contract Pricing increases may only occur one year after execution of the contract and must be submitted 30 days in advance. Should the contract extend past two years from execution, requests for Contract Pricing Increases may only occur once per year and must be submitted 30 days in advance of the yearly anniversary of the execution date of the contract.

The request letter shall be addressed to the COTR and include a spreadsheet based on the US Bureau of Labor Statistics Consumer Price Index for all Urban Consumers (CPI-U) U.S. city average, All items index rate (Series ID CUUR0000SA0) https://www.bls.gov/data .

Any rate increases shall not exceed the previous year’s fully burdened labor rates plus the percentage increase of the U.S. city average, all items index rate for the most recent twelve-month period. Any adjustments to the rates shall be negotiated and formalized through a separate written modification to the Contract and mutually agreed upon by both parties. Any increase in rates shall not be applied to work underway, fully negotiated and contracted for.

Rate increases would only apply to work added by modification subsequent to the increase.

Any request for price adjustment based on CPI changes prior to the effective date of the adjustment shall not be considered. It shall be the responsibility of the Contractor to immediately notify the Contracting Officer and the COTR should any problems occur, obstacles

333302-26RF-001007 NMAH – Install Emergency Generator Page 15 or other impediment to accomplishing the requirements of this Contract as specified above within the time-frame outlined in this Section

F.2 SI-0092 Period of Performance-Insurance

Contractor must submit approved Certificate of Insurance within ten (10) days of contract award.

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), or their 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

333302-26RF-001007 NMAH – Install Emergency Generator Page 16 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.

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H - Special Contract Requirements

52.202-S0010 Use of Smithsonian Name (Jun 2000)

It is recognized and acknowledged that Contractor shall have no right to use the name "Smithsonian" or "Smithsonian Institution", or the name of any Smithsonian Museum or part thereof, including the Facilities, in connection with any of its own advertising, marketing or promotion. However, any marketing or promotional programs concerning the Smithsonian or the Project shall be submitted to the Smithsonian for review and approval prior to any implementation thereof. The Smithsonian may withhold any approval required hereunder as it wishes.

The Prime Contractor shall be responsible for compliance by any subcontractor or supplier or lower tier subcontractor or lower tier supplier with this clause. After award of the contract and upon request of the Contracting Officer, the Prime Contractor shall deliver a written statement acknowledging that this clause has been included in contracts with all subcontractors and suppliers.

52.203-S0004 Advertising of Award Smithsonian Institution (January 2023)

The Contractor shall not refer to…