Announcemen-Clauses SF-1442-33330225RF0010027.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF

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

Chanel Wade 202-622-7286

104/14/2025

33330225RF0010027

PAGES

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

The proposed procurements listed here are restricted to Small Business. The NAICS code is 236220, size standard is $1 million to $8 million per project. This procurement has been established as a Small Business Set Aside and only Small

Businesses shall be considered by the Smithsonian Institution. This announcement is for the selection and award of one or more Construction Indefinite Delivery

Indefinite Quantity (IDIQ) Multidiscipline Contracts that will support construction needs in our facilities for the New York City area, including the National Museum of the American Indian and the Cooper Hewitt Design Museum.

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.)

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

05/16/2025

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

PAGE OF

Virginia C. Chan

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...

222 2 2 3

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

33330225RF0010027

QUESTIONS/CLARIFICATIONS

It is desired that all questions/clarifications be sent in, sequentially numbered for example first questions 1,2,3, second set of questions 4, 5, 6, etc. in word format to wadecs@si.edu. It is requested that all questions be sent in no later than May 5th, 2025, 3PM EST.

SUBMISSION REQUIREMENTS

The deadline for submission shall be submitted to wadecs@si.edu no later than Friday, May 16th, 2025, 3:00 PM EST.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Section A - Solicitation/Contract Form Section B - Supplies or Services/Prices Section C - Description/Specifications Section D - Packaging and Marking Section E - Inspection and Acceptance

1 52.246-12 Inspection of Construction. (AUG 1996) 2 52.246-S0038 Smithsonian Institution Inspection and Acceptance (Jun 2000) 3 52.246-S0039 Final Inspection and Tests (Jun 2000) 4 52.246-S0057 Inspection (January 2023) 5 52.246-S0058 Acceptance (January 2023)

Section F - Deliveries or Performance 1 52.211-S0025 Commencement, Prosecution, and Completion of Work (Jun 2000) 2 52.217-S0093 Auto Renewal Option Clause (July 2024) 3 52.236-S0036 Smithsonian Institution's Right to Stop or to Suspend the Work (Jun 2000) 4 52.246-S0041 Additional Warranties and Guarantees (Jun 2000)

Section G - Contract Administration Data 1 52.202-S0059 Contract Management (January 2023) 2 52.202-S0060 Contracting Officer (January 2023) 3 52.202-S0061 Contracting Officer's Technical Representative (COTR) (Apr 1988) 4 52.202-S0062 Authorities (January 2023) 5 52.213-S0094 Application for Payment [STRI Only] (August 2024) 6 52.215-S0002 Authorized Negotiators (Apr 1984) 7 52.215-S0063 Key Personnel (January 2023) 8 52.232-S0047 Application for Payment for Construction (August 2024)

Section H - Special Contract Requirements 1 52.202-S0010 Use of Smithsonian Name (Jun 2000) 2 52.203-S0004 Advertising of Award Smithsonian Institution (January 2023) 3 52.215-S0008 Contracting Officer's Technical Representative (Apr 1988) 4 52.215-S0009 Information, Services and Rights of the Smithsonian (Apr 1988) 5 52.223-S0070 Dissemination of Information (January 2023) 6 52.236-S0030 Availability and Use of Utility Services (Jun 2000) 7 52.236-S0031 Use of Site (Jun 2000) 8 52.242-S0020 Historic & Archeological Rights (Jun 2000)

Section I - Contract Clauses 1 52.203-3 Gratuities. (APR 1984) 2 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 3 52.203-7 Anti-Kickback Procedures. (JUN 2020) 4 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) 5 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 6 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020) 7 52.204-4 Reserved 8 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) 9 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 10 52.219-8 Utilization of Small Business Concerns. (JAN 2025) 11 52.222-1 Notice to the Government of Labor Disputes. (FEB 1997) 12 52.222-3 Convict Labor. (JUN 2003) 13 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2018) 14 52.222-6 Construction Wage Rate Requirements. (AUG 2018) 15 52.222-7 Withholding of Funds. (MAY 2014) 16 52.222-8 Payrolls and Basic Records. (JUL 2021) 17 52.222-10 Compliance With Copeland Act Requirements. (FEB 1988) 18 52.222-11 Subcontracts (Labor Standards). (MAY 2014) 19 52.222-12 Contract Termination - Debarment. (MAY 2014)

20 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014) 21 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 22 52.222-15 Certification of Eligibility. (MAY 2014) 23 52.222-50 Combating Trafficking in Persons. (NOV 2021) 24 52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021) - Alternate I (JUL 1995) 25 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners. (MAY 2024) 26 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021) 27 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 28 52.228-2 Additional Bond Security. (OCT 1997) 29 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 30 52.228-11 Individual Surety-Pledge of Assets. (FEB 2021) 31 52.232-23 Assignment of Claims. (MAY 2014) 32 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018) ...27 33 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 34 52.236-2 Differing Site Conditions. (APR 1984) 35 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 36 52.236-5 Material and Workmanship. (APR 1984) 37 52.236-7 Permits and Responsibilities. (NOV 1991) 38 52.236-8 Other Contracts. (APR 1984) 39 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(APR 1984)

40 52.236-10 Operations and Storage Areas. (APR 1984) 41 52.236-11 Use and Possession Prior to Completion. (APR 1984) 42 52.236-12 Cleaning Up. (APR 1984) 43 52.236-14 Availability and Use of Utility Services. (APR 1984) 44 52.236-15 Schedules for Construction Contracts. (APR 1984) 45 52.236-17 Layout of Work. (APR 1984) 46 52.236-26 Preconstruction Conference. (FEB 1995) 47 52.242-13 Bankruptcy. (JUL 1995) 48 52.242-14 Suspension of Work. (APR 1984) 49 52.243-4 Changes. (JUN 2007) 50 52.243-5 Changes and Changed Conditions. (APR 1984) 51 52.248-3 Value Engineering - Construction. (OCT 2020) 52 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I

(SEP 1996)

53 52.249-10 Default (Fixed-Price Construction). (APR 1984) - Alternate I (APR 1984) 54 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 55 52.253-1 Computer Generated Forms. (JAN 1991) 56 52.202-S0003 Definitions (Apr 1988) 57 52.202-S0012 Specialist (Jun 2000) 58 52.209-S0042 Subcontractor Eligibility (Jun 2000) 59 52.215-S0001 Order of Precedence (January 2023) 60 52.215-S0046 Right to Audit and Preservation of Records (Jun 2000) 61 52.223-S0019 Asbestos-Containing Materials (Jun 2000) 62 52.228-S0014 Bid Guarantee and Bonds (Jun 2000) 63 52.228-S0015 Contractor's Liability Insurance (Jun 2000) 64 52.228-S0016 Contractor's Property Insurance (Jun 2000) 65 52.228-S0017 Insurance (Sep 2021) 66 52.229-S0043 Taxes (Jun 2000) 67 52.232-S0005 Interest on Payments (January 2023) 68 52.232-S0047 Application for Payment for Construction (August 2024) 69 52.232-S0053 Examination of Records by Smithsonian Institution (Oct 1987) 70 52.232-S0065 Progress Payments (January 2023)

71 52.233-S0006 Disputes (January 2023) 72 52.236-S0018 Calculation of Equitable Adjustment for Differing Site Conditions (Jun 2000) 73 52.236-S0021 Execution, Correlation and Intent (Jun 2000) 74 52.236-S0022 Ownership and Use of Documents (Jun 2000) 75 52.236-S0023 Shop Drawings, Coordination Drawings and Schedules (Jun 2000) 76 52.236-S0026 Supervision and Construction Procedures (Jun 2000) 77 52.236-S0027 Superintendent (Jun 2000) 78 52.236-S0028 Coordination of the Work (Jun 2000) 79 52.236-S0029 Construction Procedures (Jun 2000) 80 52.236-S0033 Smithsonian Institution's Right to Clean Up (Jun 2000) 81 52.236-S0034 Conditions Affecting the Work (Jun 2000) 82 52.236-S0035 Work by the Smithsonian Institution or by Separate Contractors (Jun 2000) 83 52.236-S0037 Smithsonian Institution's Right to Carry Out the Work (Jun 2000) 84 52.236-S0052 Correction of Work (Jun 2000) 85 52.236-S0072 Nonpayment for Additional Work (January 2023) 86 52.243-S0044 Equitable Adjustments (Jun 2000) 87 52.243-S0045 Pricing of Adjustments (Jun 2000) 88 52.244-S0013 Subcontractors (Jun 2000) 89 52.245-S0071 Responsibility for Smithsonian Property (January 2023) 90 52.246-S0040 Warranty Definitions (MAR 2023) 91 52.249-S0048 Delays and Extensions of Time (Jun 2000) 92 52.249-S0049 Non-Compliance with Contract Requirements (Jun 2000) 93 52.249-S0050 Termination for Convenience of the Smithsonian Institution (Jun 2000) 94 52.250-S0073 Indemnification (January 2023) 95 52.252-S0011 Notice of Deviation in Clauses (Jun 2000)

Section J - List of Documents, Exhibits and Other Attachments Section K - Representations, Certifications, and Other Statements of Bidders

1 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (SEP 2024) 2 52.209-5 Certification Regarding Responsibility Matters. (AUG 2020) 3 52.219-1 Small Business Program Representations. (FEB 2024) .......... Error! Bookmark not defined.

4 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan--Certification. (AUG 2009) 5 52.236-28 Preparation of Proposals - Construction. (OCT 1997) 6 52.215-S0069 Contractor's Authorized Representative (January 2023)

Section L - Instructions,Conditions, and Notices to Bidders 1 52.204-6 Unique Entity Identifier. (OCT 2016) 2 52.216-1 Type of Contract. (APR 1984) 3 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

Section M - Evaluation Factors for Award

Section A - Solicitation/Contract Form

1 SI-0084 Solicitation/Contract

Open-Term Indefinite Delivery Indefinite Quantity (IDIQ) Contract No: 33330225RF0010027 is issued for Construction Indefinite Delivery Indefinite Quantity (IDIQ) Multidiscipline Contracts that will support construction needs in our facilities for the New York City area, including the National Museum of the American Indian and the Cooper Hewitt Design Museum.

The Construction services may be performed at various Smithsonian Institution locations, for the Smithsonian's Museums and facilities in the New York, NY Metropolitan area.

This description shall not in any way be construed to limit the Contractor's obligation for compliance with contract specifications. In the event the Smithsonian Institution exercises its right to extend the period of performance under this IDIQ Contract, all other terms and conditions hereunder shall remain the same.

Section B - Supplies or Services/Prices

52.217-S0093 Auto Renewal Option Clause (Feb 2009) – Option year will be automatically renewed

Section C - Description/Specifications

Section D - Packaging and Marking

Section E - Inspection and Acceptance

1 52.246-12 Inspection of Construction. (AUG 1996)

2 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).

3 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.

4 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.

5 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.

Section F - Deliveries or Performance

1 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.

2 2 52.217-S0093 Auto Renewal Option Clause (July 2024)

A. The period of performance for this Contract shall be automatically renewed for [] successive one (1) year periods, unless the Smithsonian provides a minimum of thirty (30) calendar days notice prior to the end of the current year's expiration date of its desire not to renew the Contract. The term of this agreement shall not extend beyond []. The terms and conditions of the Contract shall remain unchanged for the successive renewal period(s), unless a party provides to the other party, a written request to change the terms and conditions of the Contract a minimum of thirty (30) calendar days prior to the then current expiration date. Said changes shall be mutually agreed upon by the parties and set forth in a separate written modification to the Contract.

The Contract Period of Performance is as follows:

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

C. 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 one time per year and must be submitted 30 days in advance of the yearly anniversary of the execution date of the contract. Address the request letter 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 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.

3. 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.

4. 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.

Section G - Contract Administration Data

1 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.

2 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.

3 52.202-S0061 Contracting Officer's Technical Representative (COTR) Josh Shaw (Apr 2025)

(a) The Contracting Officer's Technical Representative Josh Shaw, his 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.

4 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.

5 52.213-S0094 Application for Payment [STRI Only] (August 2024)

Applying for Payment: Each month, the Contractor shall apply for payment and submit a report of the actual construction progress as follows:

1. The contractor will prepare and send by email a draft of the Application for Payment in Excel format for the COTR revision using the format provided by the Smithsonian. This draft will be reviewed on site in conjunction with Site Inspectors.

2. By the 25th of each month, the Contractor and the COTR shall have inspected the work to determine percentages, complete for each item, projected through the end of the month. The parties shall attempt to reach agreement on each item, but if they cannot the COTR will determine percent complete. These percentages shall be input into the latest revision of the Progress Schedule, including all revisions approved to date.

By the last day of the month, the Contractor shall submit an Application for Payment based on the determined percentages complete for each item. The application shall be submitted on the Smithsonian standard Application for Payment form. Application for Payment shall be accompanied by the following:

a) DGI Tax Invoice

b) Signed AFP

c) Updated Project Progress Chart

d) Photographic Progress Report

e) Project Staff Payroll

f) Caja de Seguro Social Good Standing Certifícate (Paz y Salvo)

g) Up to date project daily reports

h) Up to date uploaded photographic .jpg files

To process all payments, the Contractor's Daily Report, Progress Photo and Progress Chart must be up to date.

Note: The Prompt Payment Act (31 U.S.C. Section 3901) is not applicable to the Smithsonian Institution.

The Smithsonian Institution shall take all reasonable measures to ensure that payment for invoice(s) properly documented and submitted shall be paid within thirty (30) days from receipt of an approved proper invoice.

6 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].

7 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.

8 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…