F11SOL10032 CHNDM-Mansion RFP.pdf

F11SOL10032

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 2

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

000004570206/08/2011X

OCON

SMITHSONIAN INSTITUTION

P.O. BOX 37012

MRC 1200

Washington DC 20013-7012

Smithsonian Institution Office of Contracting 2011 Crystal Drive, Suite 350 Arilington, VA 22202

1500 ET 07/22/2011

Christine Grant 202 grantca@si.edu

633-7262

PAGE(S)

Dorothy A. Leffler

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

F11SOL10032

(A) (B) (C) (D) (E) (F)

FOB: Destination

00001 Gallery and infrastructure improvements.

Product/Service Code: Z191

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

Section A - Solicitation/Contract Form

Section B - Supplies or Services/Prices

Section C - Description/Specifications

Section D - Packaging and Marking SI-0088 Packaging and Marking

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

Section F - Deliveries or Performance F.1 52.211-S0025 Commencement, Prosecution, and Completion of Work (Jun 2000) F.2 52.228-S0081 Period of Performance-Bonds & Insurance-Construction F.3 52.236-S0036 Smithsonian Institution's Right to Stop or to Suspend the Work (Jun 2000) F.4 52.246-S0041 Additional Warranties and Guarantees (Jun 2000) F.5 Period of Performance All work under an awarded contract, to include correction of deficiencies submission of as built drawings (if required) and contract close out, shall be completed in 780 calendar days from NTP F.5.1 SI-0082 Optional Services

Section G - Contract Administration Data G.1 52.202-S0059 Contract Management G.2 52.202-S0060 Contracting Officer G.3 52.202-S0061 Contracting Officer's Technical Representative (COTR) (Apr 1988) G.4 52.202-S0062 Authorities G.6. SI-0065 Progress Payments G.7 52.213-S0094 Application for Payment G.8 52.215-S0002 Authorized Negotiators (Apr 1984) G.9 52.215-S0063 Key Personnel

Section H - Special Contract Requirements H.8 52.202-S0010 Use of Smithsonian Name (Jun 2000) H.9 52.203-S0004 Advertising of Award Smithsonian Institution H.10 52.215-S0008 Contracting Officer's Technical Representative (Apr 1988) H.11 52.215-S0009 Information, Services and Rights of the Smithsonian (Apr 1988) H.12 52.223-S0070 Dissemination of Information H.13 52.236-S0030 Availability and Use of Utility Services (Jun 2000) H.14 52.236-S0031 Use of Site (Jun 2000) H.15 52.242-S0020 Historic & Archeological Rights (Jun 2000) H.18 SI-0072 Nonpayment for Additional Work H.19 SI-0073 Indemnification

Section I - Contract Clauses 52.203-3 Gratuities. (APR 1984) 2 52.203-5 Covenant Against Contingent Fees. (APR 1984) 3 52.203-7 Anti-Kickback Procedures. (OCT 2010) 4 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997) 5 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

6 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 7 52.203-13 Contractor Code of Business Ethics and Conduct. (APR 2010) 8 52.203-14 Display of Hotline Poster(s). (DEC 2007) 9 52.204-4 Printed or Copied Double-Sided on Recycled Paper. (AUG 2000) 10 52.204-7 Central Contractor Registration. (APR 2008)

10.1 52.204-10 Reporting Subcontract Awards. (SEP 2007) 11 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010) 12 52.215-2 Audit and Records - Negotiation. (OCT 2010) 13 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 14 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data - Modifications. (OCT 2010) 15 52.215-13 Subcontractor Certified Cost or Pricing Data - Modifications. (OCT 2010) 16 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications. (OCT 2010) 17 52.216-4 Economic Price Adjustment - Labor and Material. (JAN 1997) 18 52.219-8 Utilization of Small Business Concerns. (DEC 2010) 19 52.219-9 Small Business Subcontracting Plan. (OCT 2010) 20 52.219-9 Small Business Subcontracting Plan. (OCT 2010) - Alternate II (OCT 2001) 21 52.219-25 Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting. (DEC 2010) 22 52.219-28 Post-Award Small Business Program Rerepresentation. (APR 2009) 23 52.222-1 Notice to the Government of Labor Disputes. (FEB 1997) 24 52.222-3 Convict Labor. (JUN 2003) 25 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (JUL 2005) 26 52.222-6 Davis-Bacon Act. (JUL 2005) 27 52.222-7 Withholding of Funds. (FEB 1988) 28 52.222-8 Payrolls and Basic Records. (JUN 2010) 29 52.222-9 Apprentices and Trainees. (JUL 2005) 30 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 31 52.222-11 Subcontracts (Labor Standards). (JUL 2005) 32 52.222-12 Contract Termination - Debarment. (FEB 1988) 33 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (FEB 1988) 34 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 35 52.222-15 Certification of Eligibility. (FEB 1988) 36 52.222-21 Prohibition of Segregated Facilities. (FEB 1999) 37 52.222-26 Equal Opportunity. (MAR 2007) 38 52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999) 39 52.222-35 Equal Opportunity for Veterans. (SEP 2010) 40 52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010) 41 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEP 2006) 42 52.222-39 Reserved 435 52.222-41 Service Contract Act of 1965. (NOV 2007) 44 52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 1989) 45 52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts). (SEP 2009) 46 52.222-49 Service Contract Act - Place of Performance Unknown. (MAY 1989) 47 52.222-50 Combating Trafficking in Persons. (FEB 2009) 48 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification. (NOV 2007) 49 52.222-53 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements. (FEB 2009) 50 52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) - Alternate I

(JUL 1995)

51 52.223-5 Pollution Prevention and Right-to-Know Information. (AUG 2003) 52 52.223-6 Drug-Free Workplace. (MAY 2001) 53 52.223-12 Refrigeration Equipment and Air Conditioners. (MAY 1995) 54 52.223-14 Toxic Chemical Release Reporting. (AUG 2003) 55 52.225-11 Buy American Act - Construction Materials under Trade Agreements. (SEP 2010) 56 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 57 52.227-1 Authorization and Consent. (DEC 2007) 58 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007) 59 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 60 52.228-2 Additional Bond Security. (OCT 1997) 61 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 62 52.228-11 Pledges of Assets. (SEP 2009)

62.1 52.228-12 Prospective Subcontractor Requests for Bonds. (OCT 1995)

62.2 52.228-15 Performance and Payment Bonds - Construction. (NOV 2006) 63 52.229-3 Federal, State, and Local Taxes. (APR 2003) 64 52.230-2 Cost Accounting Standards. (OCT 2010) 65 52.230-3 Disclosure and Consistency of Cost Accounting Practices. (OCT 2008) 66 52.230-6 Administration of Cost Accounting Standards. (JUN 2010) 67 52.232-18 Availability of Funds. (APR 1984) 68 52.232-23 Assignment of Claims. (JAN 1986) 69 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003) 70 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 71 52.236-1 Performance of Work by the Contractor. (SEP 2006) 71 52.236-2 Differing Site Conditions. (APR 1984) 72 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 73 52.236-4 Physical Data. (APR 1984) 74 52.236-5 Material and Workmanship. (APR 1984) 75 52.236-7 Permits and Responsibilities. (NOV 1991) 76 52.236-8 Other Contracts. (APR 1984) 77 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(APR 1984)

78 52.236-10 Operations and Storage Areas. (APR 1984) 79 52.236-11 Use and Possession Prior to Completion. (APR 1984) 80 52.236-12 Cleaning Up. (APR 1984) 81 52.236-13 Accident Prevention. (NOV 1991) 82 52.236-14 Availability and Use of Utility Services. (APR 1984) 83 52.236-15 Schedules for Construction Contracts. (APR 1984) 84 52.236-17 Layout of Work. (APR 1984) 85 52.236-21 Specifications and Drawings for Construction. (FEB 1997) - Alternate I (APR 1984) .. 38 86 52.236-26 Preconstruction Conference. (FEB 1995) 87 52.242-13 Bankruptcy. (JUL 1995) 88 52.242-14 Suspension of Work. (APR 1984) 89 52.243-4 Changes. (JUN 2007) 90 52.243-5 Changes and Changed Conditions. (APR 1984) 91 52.244-6 Subcontracts for Commercial Items. (AUG 2009) 92 52.245-1 Government Property. (AUG 2010) 93 52.245-9 Use and Charges. (AUG 2010) 94 52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996) 95 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels. (FEB 2006) 96 52.248-3 Value Engineering - Construction. (OCT 2010) 97 52.249-2 Termination for Convenience of the Government (Fixed-Price). (MAY 2004) - Alternate I

(SEP 1996)

98 52.249-10 Default (Fixed-Price Construction). (APR 1984) - Alternate I (APR 1984) 99 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 100 52.253-1 Computer Generated Forms. (JAN 1991)

101 52.202-S0003 Definitions (Apr 1988) 102 52.202-S0012 Specialist (Jun 2000) 103 52.209-S0042 Subcontractor Eligibility (Jun 2000) 104 52.215-S0001 Order of Precedence 105 52.215-S0046 Right to Audit and Preservation of Records (Jun 2000) 106 52.223-S0019 Asbestos-Containing Materials (Jun 2000) 107 52.228-S0014 Bid Guarantee and Bonds (Jun 2000) 109 52.228-S0015 Contractor's Liability Insurance (Jun 2000) 111 52.228-S0016 Contractor's Property Insurance (Jun 2000) 112 52.228-S0017 Insurance (Jun 2000) 113 52.229-S0043 Taxes (Jun 2000) 114 52.232-S0005 Interest on Payments 115 52.232-S0047 Payments and Completion (Jun 2000) 116 52.232-S0053 Examination of Records by Smithsonian Institution (Oct 1987) 117 52.232-S0065 Progress Payments 118 52.233-S0006 Disputes 119 52.236-S0018 Calculation of Equitable Adjustment for Differing Site Conditions (Jun 2000) 120 52.236-S0021 Execution, Correlation and Intent (Jun 2000) 121 52.236-S0022 Ownership and Use of Documents (Jun 2000) 122 52.236-S0023 Shop Drawings, Coordination Drawings and Schedules (Jun 2000) 123 52.236-S0026 Supervision and Construction Procedures (Jun 2000) 124 52.236-S0027 Superintendent (Jun 2000) 125 52.236-S0028 Coordination of the Work (Jun 2000) 126 52.236-S0029 Construction Procedures (Jun 2000) 127 52.236-S0033 Smithsonian Institution's Right to Clean Up (Jun 2000) 128 52.236-S0034 Conditions Affecting the Work (Jun 2000) 129 52.236-S0035 Work by the Smithsonian Institution or by Separate Contractors (Jun 2000) 130 52.236-S0037 Smithsonian Institution's Right to Carry Out the Work (Jun 2000) 131 52.236-S0052 Correction of Work (Jun 2000) 132 52.236-S0072 Nonpayment for Additional Work 133 52.243-S0044 Equitable Adjustments (Jun 2000) 134 52.243-S0045 Pricing of Adjustments (Jun 2000) 135 52-244-S0013 Subcontractors (Jun 2000) 136 52.245-S0071 Responsibility for Smithsonian Property 137 52.246-S0040 Warranty Definitions 138 52.249-S0048 Delays and Extensions of Time (Jun 2000) 139 52.249-S0049 Non-Compliance with Contract Requirements (Jun 2000) 140 52.249-S0050 Termination for Convenience of the Smithsonian Institution (Jun 2000) 141 52.250-S0073 Indemnification 142 52.252-S0011 Notice of Deviation in Clauses (Jun 2000)

Section J - List of Documents, Exhibits and Other Attachments J. SI-0089 List of Attachments

Section K - Representations, Certifications, and Other Statements of Bidders 1 52.203-2 Certificate of Independent Price Determination. (APR 1985) 2 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (SEP 2007) 3 52.204-5 Women-Owned Business (Other Than Small Business). (MAY 1999) 4 52.209-5 Certification Regarding Responsibility Matters. (APR 2010) 5 52.219-1 Small Business Program Representations. (MAY 2004) 6 52.219-19 Small Business Concern Representation for the Small Business Competitiveness Demonstration Program. (OCT 2000) 7 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999) 8 52.222-38 Compliance with Veterans' Employment Reporting Requirements. (DEC 2001) 9 52.223-4 Recovered Material Certification. (MAY 2008)

10 52.223-13 Certification of Toxic Chemical Release Reporting. (AUG 2003) 11 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(AUG 2009)

12 52.236-28 Preparation of Proposals - Construction. (OCT 1997) 13 52.215-S0069 Contractor's Authorized Representative

Section L - Instructions, Conditions, and Notices to Bidders L.1 52.204-6 Data Universal Numbering System (DUNS) Number. (APR 2008) L.2 52.207-1 Notice of Standard Competition. (MAY 2006) L.3 52.211-6 Brand Name or Equal. (AUG 1999) L.4 52.215-1 Instructions to Offerors - Competitive Acquisition. (JAN 2004) L.5 52.216-1 Type of Contract. (APR 1984) L.6 52.219-24 Small Disadvantaged Business Participation Program - Targets. (OCT 2000) L.7 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) L.8 52.225-12 Notice of Buy American Act Requirement - Construction Materials under Trade Agreements. (FEB 2009) L.10 52.236-27 Site Visit (Construction). (FEB 1995) - Alternate I (FEB 1995) L.9 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) L.11 52.219-S0097 Small Business Subcontracting Plan L.12 52.233-2 Service of Protest. (SEP 2006) L.16. Offerors shall provide information as outlined in the following three separately bond volumes (Technical Proposal, Subcontracting Plan and Cost Proposal):

(End of Section)

Section M - Evaluation Factors for Award M.1 52.215-S0095 Basis of Award (Jun 2009)

Section A - Solicitation/Contract Form

SEE PAGE 1 AND 2 OF SF-1442

Section B - Supplies or Services/Prices

PART I - THE SCHEDULE

SECTION B - SUPPLIES/SERVICES AND PRICES/COSTS

B.1 Type of Contract/Service

The Smithsonian Institution is seeking offers for the renovation of the Carnegie Mansion at the Smithsonian’s Cooper Hewitt National Design Museum (“CHNDM”) located at 2 East 91st Street New York, New York 10128 as described herein and in the Construction Documents and Specifications dated March 30, 2011 for Project No. 0681105.

The Smithsonian Institution has a requirement for a General Contractor with mechanical, electrical, structural and civil site capabilities for the purposes of renovating the facility detailed herein, and intends to award one firm-fixed priced contract.

The Offeror (henceforth referred to as (“Contractor”) shall furnish all supervision, labor, materials, and equipment necessary to provide for the renovation of the Carnegie Mansion ---as set out in this Request for Proposal (“RFP”) and any attachments and amendments hereto, including the Drawings and Specifications dated March 30, 2011 attached hereto by reference and available as detailed below in Section J..

B.2 Prices/Costs

The successful Offeror shall provide all labor, material, equipment and supervision to perform the services required by the contract awarded from this solicitation for the CHNDM-Carnegie Mansion Renovation Project, as referenced above, and as described herein and in the Construction Documents and Specifications dated March 30, 2011.

B.3 Availability of Funding

The Smithsonian Institution intends to award a firm fixed-price multi-year contract to the successful Offeror. Funds are not presently available for performance under this contract beyond an estimated $7,000,000. The Smithsonian Institution’s obligation under this contract beyond that amount is contingent upon the availability of funds from which payment for contract purposes can be made. This contract may be terminated and no legal liability will accrue against the Smithsonian Institution for any payment(s) that may arise under this contract in excess of $7,000,000, unless and until funds are made available to the Contracting Officer for continued performance of this contract and the Contractor receives written notice of availability of funds, from the Contracting Officer. The Contractor shall not be obligated to continue performance beyond the funds allocated under this contract. Offerors are reminded that they must include in their proposal a termination cost in the event that subsequent funds are not appropriated. Smithsonian will not be liable for any costs in excess of the termination cost (cancellation charge).

B.3.1. PRICING

Offerors shall submit pricing for the following lines as contained in section B.3.1 for each funding increment.

FIRST FUNDING INCREMENT: ($7.0M currently available) General Conditions (8 months) Historic Building Protection, Demolition, Temporary offices Site utilities Structural concrete, substructure, Site work, concrete (except finish systems), structural modifications, foundations (including excavation and dewatering)

Submittals and shop drawings

SUBTOTAL

Termination Cost (Cancellation Charge) $___________________ Other – Offerors shall clearly and completely describe items deleted/added to the First Funding Phase (Attach pages as necessary)

TOTAL-FIRST FUNDING PHASE__________________________________$___________________

(Express in Words and Figures)

SECOND FUNDING INCREMENT: ($13.7 M obligated by 1/31/13 or sooner) General Conditions (12 months) Remainder of Structural systems (Concrete fill, Steel framing) Partitions, Rough Carpentry, Doors and Windows, Long-lead purchases, etc

MEP

Fire Suppression Roofing Submittals and shop drawings

SUBTOTAL

Other – Offerors shall clearly and completely describe items deleted/added to Second Funding Phase $___________________ (Attach pages as necessary)

TOTAL-SECOND FUNDING

PHASE___________________________________________________________$___________________ (Express in Words and Figures)

THIRD FUNDING INCREMENT: Balance of funding obligated by 1/31/14 or sooner) General Conditions (10 months) Interior systems – Walls, doors, balance of partitions Fire Protection Balance of finish sitework Specialties and finishes Commissioning Submittals and shop drawings O&M/as-builts/closeout

SUBTOTAL

Other – Offerors shall clearly and completely describe items deleted/added to Third Funding Phase $___________________ (Attach pages as necessary)

TOTAL-THIRD FUNDING

PHASE_______________________________________________________$___________________

(Express in Words and Figure

B.4. Total Price ______________________________________________ $___________________ Express in words and figures

B.5. Offeror shall, provide pricing as detailed below in the COST PROPOSAL section L.37 and in the attached Bid Schedule (see section J.).

B.6 Project Schedule

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 (780 calendar days for the Base Bid, and all funding options, as well as bid alternates, if any, from the Notice to Proceed).

B.7 Disposition of Offers

All information submitted in response to this RFP shall become the property of the Smithsonian Institution and will not be returned (this includes late submissions).

Section C - Description/Specifications

C.1 Introduction

C.1.1 CARNEGIE MANSION RENOVATION: GENERAL DESCRIPTION OF THE WORK

The Work includes, but is not limited to, all work specified in the Drawings and in the Project Specifications dated March 30, 2011, for Project No. 0681105 entitled “Gallery & Infrastructure Improvements” attached hereto by reference and made a part hereof, available as specified in Section J.

The Contractor shall furnish all supervision, labor, material and equipment needed to accomplish the significant alteration of a the Carnegie Mansion, a National Historic structure, located at 2 East 91st Street New York, New York 10128. The Carnegie Mansion is a designated New York City Landmark which houses a state-of-the-art museum facility. The Work includes, but is not limited to; hazardous material abatement, structural upgrades, upgrade and alteration of architectural, mechanical, electrical, plumbing, fire protection (detection and suppression), and security protection systems throughout the structure . The Work also includes; demolition and relocation of vertical transportation elements including stair tower, passenger and freight elevators; Documentation, selective demolition as well as restoration and rehabilitation of existing historic finishes. New architectural finishes (floor, walls, ceilings), new restrooms, alteration to existing copper roofing including replication of major elements, alteration to existing exterior masonry elements, including replication of major features and elements. Procedures and documentation to ensure compliance with the established LEED building criteria and Practices, procedures and documentation related to integrated building commissioning in order to achieve LEED SILVER

CERTIFICATION.

The Smithsonian Institution is seeking offers for the this major renovation as described herein and fully detailed in the Construction Documents and Specifications dated March 30, 2011. All of the requirements which the successful Contractor must meet concerning this project are set forth in detail in the solicitation documents included with this RFP. Upon the receipt and evaluation of Technical Proposals, Cost Proposals, and Subcontracting Plans---and the subsequent selection of a successful Contractor---the Smithsonian will execute a fixed price contract.

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

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

The Smithsonian may cancel this RFP without prior notice.

C.2 The successful contractor shall provide all labor, material, equipment and supervision to Complete the significant alteration of a the Carnegie Mansion, at CHNDM, located at 2 East 91st Street New York, New York 10128.

C.3. All work shall be performed in accordance with the drawing and specifications, dated March 30, 2011, provided as detailed in Section J and as may be changed by amendment issued by the Contracting Officer.

C.4. Plans and specifications are included as attachments (See Section J) and made available as described herein. Offerors are responsible for reproducing drawings and specifications.

C.5 The selected Contractor shall be singularly responsible for the project. The selected Contractor shall also have total responsibility for quality control and quality assurance.

C.6 General

C.6.1 The Work in the present RFP shall be structured as a Base Bid plus Options/alternates as defined in specification section 010000, Section 1.4.

C.6.2 Contractors may attend a pre-proposal meeting to be conducted at the site (See Section L.).

Contractors should make arrangements to visit the site to familiarize themselves with the conditions as specified in the Drawings and Specifications. Although not mandatory, Contractors 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 site conditions, when visiting the site would have provided the Contractor an opportunity to compare the physical site against the Drawings and Specifications.

C.6.3 Contractor must make its staff available for all required team meetings, design reviews, and inspections.

C.6.4 Contractor must immediately notify the COTR or his designee of any problem, unexpected occurrence, or delay in the process of the contracted work.

C.6.5 Contractor must work cooperatively with collaborating Smithsonian staff and with OFEO's other contractors and vendors to ensure that all elements of the projects provided work together efficiently and safely with all components fabricated and installed by Contractor.

C.7 Correlation and Intent

Any omissions in the RFP of such words and phrases as “the Contractor shall”, “the Contractor shall”, “shall be”, “shall consist of”, “in accordance with”, “shall”, “and”, “the”, etc., are intentional. Such words and phrases shall be supplied by implication.

Whenever the words “necessary”, “proper”, or words of like effect are used in the RFP with respect to the extent, conduct, or character of work required, they shall mean that the said work shall be carried to the extent, must be conducted in a manner, or be of a character that is “necessary” or “proper” under the circumstances, in the opinion of the Contracting Officer. The Contracting Officer’s judgment in such matters shall be considered final.

Section D - Packaging and Marking

SI-0088 Packaging and Marking

D. Reserved

Section E - Inspection and Acceptance

E.1 52.246-12 Inspection of Construction. (APR 1996)

E.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).

E.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.

E.4 52.246-S0057 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.

E.5 52.246-S0058 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

F.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.

F.2 52.228-S0081 Period of Performance-Bonds & Insurance-Construction

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

F.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.

F.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…