F09SOL00035,AIB HAZMAT.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

P.O. BOX 37012

MRC 1200

Washington DC 20013-7012

OCON

Smithsonian Institution

Ofc. of Contracting & Personal Property P.O. Box 37012, MRC 1200 Washington, DC 20013-7012

Jasmine Price 2026337284

OFEO# 0915103

x 05/07/2009

F09SOL00035

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

This Procurement, under auspices of the American Recovery and Reinvestment Act, is for the Phase I Demolition and Hazmat Removal (OFEO Project #0915103) at the

Smithsonian Institution's Arts and Industries Building, located at 900 Jefferson

Drive, SW, Washington, DC. The estimated value of this procurement is between

$1,000,000 and $5,000,000. It is the intent of the Smithsonian Institution to award a firm fixed price contract to the offeror whose price and technical proposal is most advantageous. The Contractor receiving award shall provide all labor, materials, equipment and supervision necessary to perform construction services to complete the work as described in the plans and specifications issued by the Office of Facilities Engineering and Operations (OFEO) for the referenced project.

This brief description shall not be construed as a limitation on the Contractor's obligation to comply with the contract requirements.

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.)

10 270 calendar days and complete it within ________________ ________________ calendar days after receiving

Specifications, Vols. 1 and 2

06/08/2009

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

Robert Fraga

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

Solicitation No. F09SOL00035 OFEO Project No. 0915103

Solicitation/Contract Form SI-0084 Solicitation/Contract Section B - Supplies or Services/Prices SI-0086 Pricing Section C -Description/Specifications SI-0087 Specifications Section D - Packaging and Marking SI-0088 Packaging and Marking Section E - Inspection and Acceptance SI-0057 Inspection SI-0058 Acceptance Section F - Deliveries or Performance SI-0080 Period of Performance-NTP SI-0081 Period of Performance-Bonds & Insurance-Construction SI-0082 Period of Performance-Options Section G - Contract Administration Data SI-0059 Contract Management SI-0060 Contracting Officer SI-0061 Contracting Officer's Technical Representatiave (COTR) (Apr 1988) SI-0062 Authorities SI-0063 Key Personnel SI-0064 Incorporation of Contractor's Proposal SI-0065 Progress Payments SI-0066 Invoices Section H - Special Contract Requirements SI-0001 Order of Precedence SI-0007 Rights-in-Data ................................................................................ Error! Bookmark not defined.

SI-0010 Use of Smithsonian Name (Jun 2000) SI-0067 Responsibility of the Contractor SI-0068 Restriction Against Disclosure SI-0069 Contractor's Authorized Representative SI-0070 Dissemination of Information SI-0071 Responsibility for Smithsonian Property SI-0072 Nonpayment for Additional Work SI-0073 Indemnification SI-0074 Specific Insurance Requirements ................................................. Error! Bookmark not defined.

Section I - Contract Clauses 52.216-24 Limitation of Government Liability. (APR 1984) .................... Error! Bookmark not defined.

52.216-25 Contract Definitization. (OCT 1997) ........................................ Error! Bookmark not defined.

52.222-17 Reserved 52.225-10 Notice of Buy American Act Requirement - Construction Materials. (FEB 2009) 52.225-12 Notice of Buy American Act Requirement - Construction Materials under Trade Agreements. (FEB 2009) 52.225-12 Notice of Buy American Act Requirement - Construction Materials under Trade Agreements. (JAN 2005) - Alternate II (AUG 2007) ................................ Error! Bookmark not defined.

52.245-3 Reserved 52.245-6 Reserved SI-0003 Definitions (Apr 1988) SI-0005 Interest on Payments SI-0006 Disputes SI-0008 Contracting Officer's Technical Representative (Apr 1988) SI-0009 Information, Services and Rights of the Smithsonian (Apr 1988) SI-0011 Notice of Deviation in Clauses (Jun 2000) SI-0012 Specialist (Jun 2000) SI-0013 Subcontractors (Jun 2000)

SI-0014 Bid Guarantee and Bonds (Jun 2000) SI-0015 Contractor's Liability Insurance (Jun 2000) SI-0016 Contractor's Property Insurance (Jun 2000) SI-0017 Insurance (Jun 2000) SI-0018 Calculation of Equitable Adjustment for Differing Site Conditions (Jun 2000) SI-0019 Asbestos-Containing Materials (Jun 2000) SI-0020 Historic & Archeological Rights (Jun 2000) SI-0021 Execution, Correlation and Intent (Jun 2000) SI-0022 Ownership and Use of Documents (Jun 2000) SI-0023 Shop Drawings, Coordination Drawings and Schedules (Jun 2000) SI-0024 Project Schedules (Jun 2000) SI-0025 Commencement, Prosecution, and Completion of Work (Jun 2000) SI-0026 Supervision and Construction Procedures (Jun 2000) SI-0027 Superintendent (Jun 2000) SI-0028 Coordination of the Work (Jun 2000) SI-0029 Construction Procedures (Jun 2000) SI-0030 Availability and Use of Utility Services (Jun 2000) SI-0031 Use of Site (Jun 2000) SI-0032 Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements (Jun 2000) SI-0033 Smithsonian Institution's Right to Clean Up (Jun 2000) SI-0034 Conditions Affecting the Work (Jun 2000) SI-0035 Work by the Smithsonian Institution or by Separate Contractors (Jun 2000) SI-0036 Smithsonian Institution's Right to Stop or to Suspend the Work (Jun 2000) SI-0037 Smithsonian Institution's Right to Carry Out the Work (Jun 2000) SI-0038 Smithsonian Institution Inspection and Acceptance (Jun 2000) SI-0039 Final Inspection and Tests (Jun 2000) SI-0040 Warranty Definitions SI-0041 Additional Warranties and Guarantees (Jun 2000) SI-0042 Subcontractor Eligibility (Jun 2000) SI-0043 Taxes (Jun 2000) SI-0044 Equitable Adjustments (Jun 2000) SI-0045 Pricing of Adjustments (Jun 2000) SI-0046 Right to Audit and Preservation of Records (Jun 2000) SI-0047 Payments and Completion (Jun 2000) SI-0048 Delays and Extensions of Time (Jun 2000) SI-0049 Non-Compliance with Contract Requirements (Jun 2000) SI-0050 Termination for Convenience of the Smithsonian Institution (Jun 2000) SI-0051 Uncovering of Work (Jun 2000) SI-0052 Correction of Work (Jun 2000) SI-0075 Termination-Erroneous Representation Concerning Crimes, Debarments, Suspensions and Defaults (Apr 1984) SI-0076 Brand Name or Equal SI-0077 Furnishing Information and Records SI-0079 Certification of Requests for Adjustment or Relief Exceeding $100,000 552.211-71 Standard References (Sep 1999) 552.236-76 Measurements (Apr 1984) 552.236-80 Heat (Apr 1984) List of Documents, Exhibits and Other Attachments SI-0089 List of Attachments Representations, Certifications, and Other Statements of Bidders 52.203-2 Certificate of Independent Price Determination. (APR 1985) 52.204-3 Taxpayer Identification. (OCT 1998) 52.204-8 Annual Representations and Certifications. (FEB 2009) 52.209-5 Certification Regarding Responsibility Matters. (DEC 2008) 52.215-6 Place of Performance. (OCT 1997)

52.219-1 Small Business Program Representations. (MAY 2004) 52.219-1 Small Business Program Representations. (MAY 2004) - Alternate I (APR 2002) 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999) 52.222-25 Affirmative Action Compliance. (APR 1984) 52.223-13 Certification of Toxic Chemical Release Reporting. (AUG 2003) 52.225-2 Buy American Act - Certificate. (FEB 2009) 52.225-4 Buy American Act - Free Trade Agreements - Israeli Trade Act - Certificate. (FEB 2009) 79 52.225-4 Buy American Act - Free Trade Agreements - Israeli Trade Act - Certificate. (FEB 2009) - Alternate I (JAN 2004) 52.225-4 Buy American Act - Free Trade Agreements - Israeli Trade Act - Certificate. (FEB 2009) - Alternate II (JAN 2004) 52.225-6 Trade Agreements Certificate. (JAN 2005) 52.225-9 Buy American Act - Construction Materials. (FEB 2009) 52.225-11 Buy American Act - Construction Materials under Trade Agreements. (MAR 2009) 52.225-11 Buy American Act - Construction Materials under Trade Agreements. (MAR 2009) -- Alternate I (MAR 2009) 52.230-1 Cost Accounting Standards Notices and Certification. (OCT 2008) Section K – Representations, Certifications, and Other Statements of Offerors SI-0002 Authorized Negotiators (Apr 1984) SI-0055 Bidder/Offeror Information SI-0056 Bidder/Offeror Certification Energy Consumption Data for Life Cycle Cost Evaluation (Apr 1998) Section L - Instructions,Conditions, and Notices to Bidders

L.5 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWLS OF PROPOSALS

Section M - Evaluation Factors for Award 1 SI-0090 Evaluation Factors Section M -Evaluation Factors for Award ................................................ Error! Bookmark not defined.

SI-0090 Evaluation Factors ........................................................................ Error! Bookmark not defined.

Solicitation/Contract Form

SI-0084 Solicitation/Contract

See Page 1 and 2.

Section B - Supplies or Services/Prices

SI-0086 Pricing

B.1. Bid Schedule

Description Quantity Unit of Measure

Amount

BASE BID

All costs in connection with the Phase I Demolition and HAZMAT Removal in the Smithsonian Institution’s Arts and Industries Building (AIB), as described on the Drawings and in the Specifications, Volumes 1 and 2 dated May 4, 2009.

Div. 1 General Conditions 1 LS $ Div. 2 Site Construction 1 LS $ Div. 3 Concrete 1 LS $ Div. 4 Masonry 1 LS $ Div. 5 Metals 1 LS $ Div. 6 Wood and Plastics 1 LS $ Div. 7 Thermal and Moisture Prot. 1 LS $ Div. 8 Doors and Windows 1 LS $ Div. 9 Finishes 1 LS $ Div. 10 Specialties 1 LS $ Div. 11. Equipment 1 LS $ Div. 12 Furnishings 1 LS $ Div. 13 Special Construction 1 LS $ Div. 14 Conveying Systems 1 LS $ Div. 15 Mechanical 1 LS $ Div. 16 Electrical 1 LS $ Overhead and Profit 1 LS $ Performance Bond 1 LS $

Total Base Bid $

Amount

OPTION #1

All costs in connection with, all hazardous material abatement and demolition work in the restrooms in the SW Annex (1st and 2nd Floors) and in the SE Pavilion (1st Floor) of the AIB as indicated in Volumes 1 and 2 drawings and specifications dated May 4, 2009.

Total Option #1 1 LS $

Amount

OPTION #2

All costs in connection with, all hazardous material abatement and demolition work in the SW Range (Theatre) and WS Range (1st and 2nd Floors) of the AIB as indicated in Volumes 1 and 2 drawings and specifications dated May 4, 2009.

Total Option #2 1 LS $

Amount

OPTION #3

All costs in connection with, all hazardous material abatement and demolition work in the NW and WN Ranges (1st and 2nd Floors) of the AIB as indicated in Volumes 1 and 2 drawings and specifications dated May 4, 2009.

Total Option #3 1 LS $

Amount

OPTION #4

All costs in connection with, all hazardous material abatement and demolition work in the SE Court (1st and 2nd Floors) of the AIB as indicated in Volumes 1 and 2

Total Option #4 1 LS $

Amount

OPTION #5

All costs in connection with, all hazardous material abatement and demolition work in the SE and ES Ranges, and the SE Annex (1st and 2nd Floors) of the AIB as indicated in

Total Option #5 $

OPTION #6

All costs in connection with, all hazardous material abatement and demolition work in the NE Court (1st and 2nd Floors) of the AIB as indicated in Volumes 1 and 2

Total Option #6 1 LS $

Amount

OPTION #7

All costs in connection with, all hazardous material abatement and demolition work in the NE and EN Ranges, and NE Annex (1st and 2nd Floors) of the AIB as indicated in

Total Option #7 $

B.2. Summary

Amount

Total Base Bid 1 LS $ Total Option #1 1 LS $ Total Option #2 1 LS $ Total Option #3 1 LS $ Total Option #4 1 LS $ Total Option #5 1 LS $ Total Option #6 1 LS S Total Option #7 1 LS $

Total Base Bid Plus All Options 1 LS $

B.3. Schedule of Unit Prices

B.3.1. The unit prices in Spec. Section 01270 shall be submitted as part of the bid. The

Smithsonian reserves the right to accept or reject any or all unit prices.

B.3.2. The Contractor agrees that, in the event that the Contractor is directed by the

Smithsonian to increase or decrease the quantities or work required by the contract documents on items listed in Spec. Section 01270, the contract amount shall be adjusted based on the following unit prices.

B.3.3. Unit prices shall include the furnishing of all materials, labor, equipment, and services necessary for or incidental to the execution of the work specified. Unit prices shall include all direct and indirect costs, overhead, taxes, insurance, and profit.

B.3.4. These unit prices shall be binding upon the contractor for the duration of the project. No escalation or other variation shall be allowed.

B.3.5. If requested by the Smithsonian, the Contractor shall provide materials, equipment, and personnel to verify or determine changes in quantities. Contractor measurements and calculations shall be subject to verification by the COTR.

B.3.6. Schedule of Required Unit Prices

A. Unit Price 1: Protection Type A: Column Protection

1. Description: Temporary protection for Cast Iron Column

2. Unit of Measurement: One column assembly per height indicated.

PRICE($)____________________

B. Unit Price 2: Protection Type B: Railing Protection

1. Description: Temporary protection for Cast Iron Railing.

2. Unit of measurement: Lineal foot (Lineal meter) of assembly per height indicated.

C. Unit Price 3: Protection Type C: Free Standing (Self-Supporting) Protection

1. Description: Free standing (Self-Supporting) temporary protection barrier.

2. Unit of Measurement: Lineal foot (Lineal meter) of assembly per height

D. Unit Price 4: Protection Type D: Fixed Protection at Wall

1. Description: Temporary Fixed Protection at Historic Wall.

2. Unit of Measurement: Lineal foot (Lineal meter) of assembly per height

PRICE(S)____________________

E. Unit Price 5: Protection Type E: Temporary Full Height Protection

1. Description: Temporary Full Height Protection at Historic Wall.

2. Unit of Measurement: One panel assembly per height indicated.

PRICE(S)___________________

F. Unit Price 6: Protection Type F: Free-Standing Barrier

1. Description: Provide Free-Standing Barrier (Saw Horse).

2. Unit of Measurement: One 8’-0” (2438 mm) section.

G. Unit Price 7: Protection Type G: Plastic Construction Fencing.

1. Description: Plastic Construction Fencing.

2. Unit of Measurement: Lineal foot (Lineal meter) of fence per height specified.

H. Unit Price 8: Protection Type H: Floor Protection.

1. Description: Temporary Historic Protection.

2. Unit of Measurement: Square Foot (Square Meter) of assembly indicated including all components and panel edge framing support.

I. Unit Price 9: Protection Type I: Floor Protection at Trench Location

1. Description: Floor protection at Historic Trench location where stone trench cover is subjected to loading by passage of equipment and/or demolition waste.

2. Unit of Measurement: Square Foot (Square Meter) of assembly indicated including all components.

NOTES TO BIDDERS

Award will be made to the Offeror whose proposal represents the best value to the Smithsonian, considering the evaluation criteria and the requirements of the solicitation.

It shall be the responsibility of the Contractor to immediately notify the Smithsonian Institution, if the target dates and proposed packages of work described herein adversely affect the Contractor’s Critical path Schedule for the final completion date of this project (270 calendar days from the Notice to Proceed). Contractors may propose an alternate schedule which illustrates the completion of the project in advance of the completion date.

Availability of Funds

Funds are not presently available for all options contained in this solicitation/contract.

The Smithsonian Institution’s obligation under this solicitation/contract is contingent upon the availability of appropriated and/or private funds from which payment for contract purposes can be made. No legal liability on the part of the Smithsonian for any payment may arise for performance under this solicitation/contract, until funds are made available to the Contracting Officer for performance and until the contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

Exercise of Options

The Smithsonian Institution reserves the sole option to exercise options contained in Section B. herein, subject to the following: 1) acceptance and approval by the Smithsonian’s Contracting Officer Technical Representative (COTR) of Contractor’s performance on contracted components; 2) Smithsonian’s continued requirement for these services; and 3) availability of funding from which payment for contract purposes can be made.

Evaluation of Options

Except when it is determined in accordance with FAR 17.206(b) not to be in the government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price of the basic requirement.

Evaluations of options will not obligate the Government to exercise the options(s).

See Section J – List of Attachments for Special Recovery Act Clauses

Tour of Site

A Site Visit/Pre-proposal meeting will be held on Wednesday, May 13, 2009 at 8:00 a.m. Offerors who are interested in a tour of the site shall meet at the North Door of the Arts and Industries Building, 900 Jefferson Drive, SW. (Hard Hats Are Recommended). Offerors are encouraged to inspect the site prior to submitting a proposal, as information concerning the site may be useful in preparing offers. Failure to visit the site will not constitute a basis for a claim for change in or differing the site conditions, when visiting the site would have provided the Offeror an opportunity to compare the physical site against the drawings and specifications.

Section C -Description/Specifications

SI-0087 Specifications

The Smithsonian Institution is seeking offers for the Phase I Demolition and Hazmat Removal at the Arts and Industries Building located at 900 Jefferson Drive, SW, Washington, DC as described herein and in the Construction Documents and Specifications, OFEO Project No. 0915103, Volumes 1 and 2, dated May 4, 2009.

The objective of this project is to provide all materials, equipment, labor and supervision necessary for the identification, removal, and abatement of hazardous materials remaining in the Smithsonian Institution’s Arts and Industries Building and selective interior demolition of non-historic and non-structural interior construction.

The Work includes, but is not limited to all work specified on the Drawings and in the Division One through Sixteen of the Specifications.

Section D - Packaging and Marking

SI-0088 Packaging and Marking

Not Applicable

Section E - Inspection and Acceptance

SI-0057 Inspection

(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.

SI-0058 Acceptance

(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

SI-0080 Period of Performance-NTP

The contract shall become effective upon execution of the contract and upon the Smithsonian Institution Contracting Officer's Notice to Proceed.

SI-0081 Period of Performance-Bonds & Insurance-Construction

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

SI-0082 Period of Performance-Options

Optional Services: Smithsonian Institution reserves the sole right to exercise option(s).

Section G - Contract Administration Data

SI-0059 Contract Management

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.

SI-0060 Contracting Officer

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.

SI-0061 Contracting Officer's Technical Representatiave (COTR) (Apr 1988)

(a) The Contracting Officer's Technical Representative (COTR), Office of Engineering, Design and Construction, Smithsonian Institution, or his 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.

SI-0062 Authorities

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.

SI-0063 Key Personnel

(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.

SI-0064 Incorporation of Contractor's Proposal

It is understood and agreed that the Contractor shall, in meeting the requirements of the contract, perform the work in accordance with his/her proposal to the Smithsonian Institution for services, dated [insert proposal date]; however, to the extent that any provisions of the articles set forth herein are in conflict or inconsistent with any provisions of said proposal, the provisions of the articles of this contract shall be controlling and shall supersede the provisions of said proposal.

SI-0065 Progress Payments

The Contractor may submit invoice(s) to the Contracting Officer's Technical Representative, Smithsonian Institution, not more frequently than monthly for work performed and accepted. Progress payments, when applicable, shall be based on a percentage of completion less 10% retainage. The Contractor shall submit a separate monthly invoice when requesting payment. The ten percent retainage will be held until the final acceptance of all effort within each Phase.

SI-0066 Invoices

Contractor shall submit all invoices in One ORIGINAL and One COPY to the COTR clearly indicating the contract number ([insert Contract No.]), and providing detail as to percentage of completion to:

Smithsonian Institution Office of Engineering, Design and Construction 600 Maryland Avenue, SW, Suite 5001 Washington, DC 20024

Note: The Prompt Payment Act, as amended, 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 30 days from receipt of an approved proper invoice(s) by the COTR.

Section H - Special Contract Requirements

SI-0001 Order of Precedence

In the event of an inconsistency between provisions of the Solicitation, the inconsistency shall be resolved by giving precedence in the following order:

1. The Schedule.

2. Solicitation, Instructions, and Conditions.

3. Amendments to the Solicitation.

4. Contract Clauses.

5. Specifications.

6. The Drawings: large scale details, small-scale details, standard size plans, sections and elevation drawings.

7. Other Documents, Exhibits, and Attachments.

8. Other Provisions of the Solicitation, whether incorporated by reference or otherwise inferred by standard practice.

9. The Offeror's Proposal.

SI-0010 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.

SI-0067 Responsibility of the Contractor

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Contractor under this contract. The Contractor shall without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications and other services.

(b) Neither the Smithsonian's review, approval or acceptance of nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract and the Contractor shall be and remain liable to the Smithsonian caused by the Contractor's performance of any of the services furnished under this contract.

(c) The rights and remedies of the Smithsonian provided for under this contract are in addition to any other rights and remedies provided by law.

(d) If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable here under.

SI-0068 Restriction Against Disclosure

The Contractor agrees, in the performance of this contract to keep any information gathered or analyzed in the course of this contract in the strictest confidence, said information being the sole property of the Smithsonian Institution. The Contractor also agrees not to publish, reproduce or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so. The Contractor shall take such reasonable measures as are necessary to restrict access to such information to perform the work provided herein, i.e., on a "need to know" basis, and shall immediately notify, in writing, the Contracting Officer's Technical Representative named herein, in the event that he determines or has reason to suspect a breach of this requirements.

SI-0069 Contractor's Authorized Representative

The following person shall be contacted in the event of award for prompt contract notification and administration concerning specifications, schedules and other necessary contract matters:

(Name) _____________________________________

(Title) _______________________________________

(Street Address) _______________________________

(City, State & Zip) ______________________________

(Telephone & Facsimile No.) ______________________

(E-mail address) _______________________________

SI-0070 Dissemination of Information

There shall be no dissemination or publication of information, except between the Contractor and any subcontractors, of information developed under this contract or any task orders awarded under the terms of this contract or contained in reports to be furnished pursuant to this contract without the prior written approval of the Contracting Officer.

SI-0071 Responsibility for Smithsonian Property

The Contractor assumes full responsibility for and shall indemnify the Smithsonian for any and all loss of damage of whatsoever kind and nature to any and all Smithsonian property, including any equipment, supplies, accessories, or parts furnished, while in his custody and care for storage, repairs, or services to be performed under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor.

SI-0072 Nonpayment for Additional Work

Any additional services or a change to work specified which may be performed by the Contractor, either at his own volition or at the request of an individual other than a duly appointed Contracting Officer except as may be explicitly authorized in this contract, are not authorized and will not be paid for. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions in this contract.

SI-0073 Indemnification

(a) Contractor shall be responsible for all damage and expense to person(s) or property caused by its negligent acts and those of its subcontractors, agents or employees, in connection with the work and services performed under this contract. Contractor shall indemnify, hold harmless and defend the Smithsonian Institution, its museums, bureaus, its Regents, officers, agents, employees and the U.S. Government from and against all claims, and liability (including judgments, settlements, statutory liability under Workers Compensation laws), and expenses (including attorneys fees) for any damages, expenses, acts and/or omissions of the Contractor, its agents, subcontractors or employees, related directly or indirectly to any aspect of this contract or performance of work hereunder, including claims and liability for injury to or death of any third party or of Contractor's, agents, subcontractors or employees.

(b) Contractor shall be liable for all damages, costs and expense incurred by the Smithsonian Institution in the construction of the Project(s) including, but not limited to, damages, costs and expenses resulting from claims brought against the Smithsonian Institution by the construction contractor(s) caused by the failure of Contractor to perform the work and services under this contract with the same degree of standard of care and skill normally expected of and provided by consultants in the performance of the same or similar work and services to be provided under this contract.

(c) Acceptance of the work and services by the Smithsonian shall not waive any of the rights of the Smithsonian or release the Contractor from any liability, responsibility or duty contained herein.

Section I - Contract Clauses

52.203-3 Gratuities. (APR 1984)

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

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

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

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

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

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

52.204-7 Central Contractor Registration. (APR 2008)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006)

52.215-2 Audit and Records - Negotiation. (JUN 1999)

52.215-10 Price Reduction for Defective Cost or Pricing Data. (OCT 1997)

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

52.215-12 Subcontractor Cost or Pricing Data. (OCT 1997)

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

52.219-8 Utilization of Small Business Concerns. (MAY 2004)

52.219-9 Small Business Subcontracting Plan. (APR 2008)

52.219-9 Small Business Subcontracting Plan. (APR 2008) - Alternate I (OCT 2001)

52.219-9 Small Business Subcontracting Plan. (APR 2008) - Alternate II (OCT 2001)

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

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (SEP 2000)

52.222-6 Davis-Bacon Act. (FEB 1995)

52.222-7 Withholding of Funds. (FEB 1988)

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

52.222-9 Apprentices and Trainees. (FEB 1988)

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

52.222-11 Subcontracts (Labor Standards). (FEB 1988)

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

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

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

52.222-15 Certification of Eligibility. (FEB 1988)

52.222-17 Reserved.

52.222-20 Walsh-Healey Public Contracts Act. (DEC 1996)

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

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

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

[Contracting Officer shall insert goals]

Goals for Female Participation for Each Trade

[Contracting Officer shall insert goals]

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed.

Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled Affirmative Action Compliance Requirements for Construction, and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal

Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the covered area is [Contracting Officer shall insert description of the geographical areas where the contract is to be performed, giving the state, county, and city].

(End of provision)

52.222-26 Equal Opportunity. (MAR 2007)

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

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

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

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

52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997)

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

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

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

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

52.225-10 Notice of Buy American Act Requirement - Construction Materials. (FEB 2009)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act--Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested -

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.225-12 Notice of Buy American Act Requirement - Construction Materials under Trade Agreements. (FEB 2009)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act--Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.227-1…