F16SOL10064_(1).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

Eve Errickson

Smithsonian Institution Office of Contracting 600 Maryland Avenue SW, Suite 5001 Washington, DC 20024

Eve Errickson 202-633-5214

1454504 x

F16SOL10064

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

Appendix A: Bid Sheet

a) Final Drawings for Project 1454504, dated October 21, 2016.

b) Final Specifications for Project 1454504, dated October 21, 2016, Volumes 1 through 33, and all documents referenced therein.

The Project Documents and Higher-Level Contract Quality Performance Requirements, above, shall be transmitted to invitees under separate cover via file sharing platform.

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.)

10 540 calendar days and complete it within ________________ ________________ calendar days after receiving

03/08/2017

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

OCON

P.O. BOX 37012

MRC 1200

Washington DC 20013-7012

OCON

Thomas Dempsey

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 121

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

F16SOL10064

RFP for Dulles Collections Module

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

Sponsored by GSA

FAR (48 CFR) 53.110

REQUEST FOR PROPOSALS_F16SOL10064

DULLES COLLECTIONS CENTER STORAGE MODULE

A. Solicitation B. Prices C.1 Project Documents C.2 Priority of the Project Documents C.3 Anticipated Scope of Work C.4 Post-Construction Phase D. Packaging and Marking E. Inspection and Acceptance 52.246-11 Higher-Level Contract Quality Requirement. (FEB 1999) 52.246-12 Inspection of Construction. (APR 1996) 52.246-S0038 Smithsonian Institution Inspection and Acceptance (Jun 2000) 52.246-S0039 Final Inspection and Tests (Jun 2000) 52.246-S0057 Inspection 52.246-S0058 Acceptance F. Deliveries or Performance 52.211-18 Variation in Estimated Quantity. (APR 1984) 52.211-S0025 Commencement, Prosecution, and Completion of Work (Jun 2000) 52.228-S0081 Period of Performance-Bonds & Insurance-Construction 52.236-S0036 Smithsonian Institution's Right to Stop or to Suspend the Work (Jun 2000) 52.246-S0041 Additional Warranties and Guarantees (Jun 2000) G. Contract Administration Data 52.202-S0059 Contract Management 52.202-S0060 Contracting Officer 52.202-S0061 Contracting Officer's Technical Representative (COTR) (Apr 1988) 52.202-S0062 Authorities 52.213-S0094 Application for Payment 52.215-S0002 Authorized Negotiators (Apr 1984) 52.215-S0063 Key Personnel H. Special Contract Requirements 52.202-S0010 Use of Smithsonian Name (Jun 2000) 52.203-S0004 Advertising of Award Smithsonian Institution 52.215-S0008 Contracting Officer's Technical Representative (Apr 1988) 52.215-S0009 Information, Services and Rights of the Smithsonian (Apr 1988) 52.223-S0070 Dissemination of Information 52.236-S0030 Availability and Use of Utility Services (Jun 2000) 52.227-23 Rights to Proposal Data (Technical). (JUN 1987) 52.227-S0007 Rights-in-Data 52.236-S0031 Use of Site (Jun 2000) 52.242-S0020 Historic & Archeological Rights (Jun 2000) I. Contract Clauses 52.203-13 Contractor Code of Business Ethics and Conduct. (OCT 2015) 52.203-14 Display of Hotline Poster(s). (OCT 2015) 52.204-2 Security Requirements. (AUG 1996) - Alternate II (APR 1984) 52.204-7 System for Award Management. (OCT 2016) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2016) 52.207-5 Option to Purchase Equipment. (FEB 1995) 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data. (AUG 2011) 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data - Modifications. (AUG 2011) 52.215-12 Subcontractor Certified Cost or Pricing Data. (OCT 2010) 52.215-13 Subcontractor Certified Cost or Pricing Data - Modifications. (OCT 2010) 52.215-14 Integrity of Unit Prices. (OCT 2010) - Alternate I (OCT 1997) 52.215-19 Notification of Ownership Changes. (OCT 1997) 52.216-9 Fixed Fee - Construction. (JUN 2011)

52.219-8 Utilization of Small Business Concerns. (NOV 2016) 52.219-9 Small Business Subcontracting Plan. (NOV 2016) 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013) 52.222-21 Prohibition of segregated facilities. (APR 2015) 52.222-26 Equal Opportunity. (SEP 2016) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014) 52.222-54 Employment Eligibility Verification. (OCT 2015) 52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) - Alternate I (JUL 1995) 52.223-5 Pollution Prevention and Right-to-Know Information. (AUG 2003) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners. (JUN 2016) 52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007) 52.225-11 Buy American - Construction Materials Under Trade Agreements. (OCT 2016) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.227-1 Authorization and Consent. (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007) 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.227-14 Rights in Data-General. (MAY 2014) 52.227-23 Rights to Proposal Data (Technical). (JUN 1987) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.228-11 Pledges of Assets. (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) 52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.230-2 Cost Accounting Standards. (OCT 2015) 52.230-6 Administration of Cost Accounting Standards. (JUN 2010) 52.232-18 Availability of Funds. (APR 1984) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-4 Physical Data. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(APR 1984)

52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.242-13 Bankruptcy. (JUL 1995) 52.242-14 Suspension of Work. (APR 1984) 52.243-4 Changes. (JUN 2007) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.244-6 Subcontracts for Commercial Items. (JUN 2016) 52.245-1 Government Property. (APR 2012) 52.245-2 Government Property Installation Operation Services. (APR 2012) 52.245-9 Use and Charges. (APR 2012) 52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996) 52.248-3 Value Engineering - Construction. (OCT 2015) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I

(SEP 1996)

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

52.202-S0003 Definitions (Apr 1988) 52.202-S0012 Specialist (Jun 2000) 52.209-S0042 Subcontractor Eligibility (Jun 2000) 52.215-S0001 Order of Precedence 52.215-S0046 Right to Audit and Preservation of Records (Jun 2000) 52.223-S0019 Asbestos-Containing Materials (Jun 2000) 52.227-S0007 Rights-in-Data 52.228-S0014 Bid Guarantee and Bonds (Jun 2000) 52.228-S0015 GC's Liability Insurance (Jun 2000) 52.228-S0016 GC's Property Insurance (Jun 2000) 52.228-S0017 Insurance (Jun 2000) 52.229-S0043 Taxes (Jun 2000) 52.232-S0005 Interest on Payments 52.232-S0047 Payments and Completion (Jun 2000) 52.232-S0053 Examination of Records by Smithsonian Institution (Oct 1987) 52.232-S0065 Progress Payments 52.233-S0006 Disputes 52.236-S0018 Calculation of Equitable Adjustment for Differing Site Conditions (Jun 2000) 52.236-S0021 Execution, Correlation and Intent (Jun 2000) 52.236-S0022 Ownership and Use of Documents (Jun 2000) 52.236-S0023 Shop Drawings, Coordination Drawings and Schedules (Jun 2000) 52.236-S0026 Supervision and Construction Procedures (Jun 2000) 52.236-S0027 Superintendent (Jun 2000) 52.236-S0028 Coordination of the Work (Jun 2000) 52.236-S0029 Construction Procedures (Jun 2000) 52.236-S0037 Smithsonian Institution's Right to Carry Out the Work (Jun 2000) 52.236-S0033 Smithsonian Institution's Right to Clean Up (Jun 2000) 52.236-S0034 Conditions Affecting the Work (Jun 2000) 52.236-S0052 Correction of Work (Jun 2000) 52.236-S0072 Nonpayment for Additional Work 52.243-S0044 Equitable Adjustments (Jun 2000) 52.243-S0045 Pricing of Adjustments (Jun 2000) 52-244-S0013 Subcontractors (Jun 2000) 52.245-S0071 Responsibility for Smithsonian Property 52.246-S0040 Warranty Definitions 52.249-S0048 Delays and Extensions of Time (Jun 2000) 52.249-S0049 Non-Compliance with Contract Requirements (Jun 2000) 52.249-S0050 Termination for Convenience of the Smithsonian Institution (Jun 2000) 52.250-S0073 Indemnification 52.252-S0011 Notice of Deviation in Clauses (Jun 2000) 52.236-S5002 Items and Prices (Aug 2010) 52.236-S5004 Construction Phase Services 52.236-S5005 Drawings and Specification Requirements (Aug 2010) 52.236-S5008 Fee Proposal Review (Aug 2010) Safe Harbor Provision J. Attachments K. Instructions, Conditions, and Notices to Bidders 52.216-1 Type of Contract. (APR 1984) L. Proposal Submission L.1 Technical Proposal L.2 Cost Proposal L.3 Media & Formatting M. Evaluation Factors for Award M.1 General

M.2 Acceptance of Offer M.3 Proposal Evaluation M.4 Basis for Award

A. Solicitation

This is RFP F16SOL10064, Part 2 of the solicitation for construction of the Dulles Collection Center Storage Module. Pursuant to RFQ F16SOL10063, the following firms are invited to respond to this RFP.

Gilbane Building Company 1100 North Glebe Road, Suite 1000 Arlington, VA 22201

Hensel-Phelps Construction Company 4437 Brookfield Corporate Drive, Suite 207 Chantilly, Virginia 20151

M. A. Mortenson Company 8280 Greensboro Drive, Suite 250 McLean, Virginia 22102

Whiting Turner Contracting Company 6305 Ivy Lane Suite 800 Greenbelt, Maryland 20770

Under this RFP, the Smithsonian shall award a firm, fixed price contract for construction of the subject project.

The submission schedule for this RFP is as follows:

Questions are due at February 15, 2017.

Technical Proposals are due at February 28, 2017.

Cost Proposals are due March 8, 2017.

The following assumptions shall be integrated into the awarded contract:

1. Project Team Participation. The successful Offeror shall perform construction services for the Project and in the best interests of the Smithsonian in cooperation with the Project Team identified herein. The Project Team will consist of the successful offeror under this solicitation and a construction management team separately retained by the Smithsonian. The Smithsonian reserves the right to remove or add Project Team members as the needs of the Project dictate.

2. Project Team Responsibilities: By submitting a bid in response to this RFP, Offeror acknowledges, agrees and accepts the responsibility to work in good faith with the Project Team. Further, by responding to this solicitation, each Offeror covenants to provide complete and full information at all times both to the Smithsonian and its Project Team. Likewise, by responding to this solicitation, Offeror agrees to cooperate with all Project Team members to manage its employees, agents, and subcontractors so as to avoid undisclosed conflicts of interest, disputes and work disruptions on the project.

3. Museum Operations. The scope of work awarded under this solicitation shall be performed without disruption to the National Air & Space Museum Udvar-Hazy Center and its existing dependencies. The successful offeror shall take all reasonable precautions and coordinate closely with Smithsonian representatives to maintain operational requirements for public visitation, in addition to safety, security, weather-tightness and environmental conditions of affected existing museum spaces at all times.

B. Prices

Please see the attached Bid Sheet.

C.1 Project Documents. The successful offeror shall work with the Project Team named in this solicitation to provide professional expertise, materials, labor, services, and equipment needed to perform the scope of work described in the following documents, (All the “Project Documents.”)

a) Final Drawings for Project 1454504, dated October 21, 2016.

b) Final Specifications for Project 1454504, dated October 21, 2016, Volumes 1 through 2, and all documents referenced therein.

C.2 Priority of the Project Documents

a) It is the responsibility of the Offeror to communicate these solicitation requirements to its staff and subcontractors, without exception. It is the sole responsibility of the Offeror to transmit its questions to the Smithsonian during the bidding period in a timely manner so as to allow a substantive response.

b) In the event of a conflict between the Project Documents and this Solicitation, the Solicitation will control. However, descriptions of the Project in the Solicitation are not subject to technical interpretation and shall not be construed to limit the rights of the Smithsonian.

c) It is the responsibility of Offerors bidding on this scope of work to bring errors, conflicts or omissions to the attention of the Owner as soon as reasonably possible. It is the responsibility of Offerors coordinating bids on this project to notify trades and subcontractors of the priority of documents on the project.

d) With regard to the use of traditional drawings, trade-specific documents, three dimensional and four dimensional modeling. Traditional, two dimensional drawings shall control for the purposes of warranty. Clash detection or conflicts identified among the Project Documents, which may include BIM models, traditional drawings, or trade specific documents shall be resolved in good faith under the Safe Harbor Provision and the 52.246-11 Higher-Level Contract Quality Requirement referenced herein.

e) The Smithsonian’s Project Documents are owned solely by the Smithsonian.

Additions thereto, or preparation of documents to supplement the Project Documents are expressly subject to the Smithsonian’s rights in data policy.

C.3 Anticipated Scope of Work. The GC must provide expertise, labor, supervision, materials, and equipment required to construct the Project and to perform the project in the best interests of the Smithsonian and using its reasonable professional judgement under the circumstances. The successful offeror shall construction the Project as set forth in the Final Construction Drawings and Specifications for Project #1454504, titled Dulles

Collections Center Storage Module dated October 21, 2016. The scope of work to be awarded includes, but is not limited to the following tasks:

1. Obtain and pay for all required construction related permits.

2. Furnish bonds and insurance as required by the Project Documents.

3. Provide and maintain a construction site office and provide all site management and administration.

4. With the supervision and cooperation of Smithsonian Facilities, Smithsonian’s Office of Protective Services, NASM curatorial and conservation experts, and others, manage and supervise construction activities; coordinate ongoing building security and operations; establish phase-specific and zone-specific environmental monitoring;

and related security activities;

5. Provide and continuously update and review logistical issues impacting daily construction activities and schedule impacts;

6. Manage and coordinate all Trades, subcontracts, and others engaged in the performance of the work;

7. Meet the Women Business Enterprise and Minority Business Enterprise participation goals and minority work force goals for the Project;

8. Implement procedures following the Smithsonian’s standards for reviewing and processing requests for information or clarifications and interpretations of the Project Documents; shop drawings, samples, and all other submittals, contract schedule adjustments, change order proposals, proposals for substitutions, payment applications, as-built drawings, and maintenance of logs using a system software approved by the Smithsonian.

9. Continuously supervise and observe all work in progress so as to ensure that the work is proceeding in accordance with the Project Documents.

10. Schedule and lead regular project and construction progress meetings, and conduct regular meetings at the site with each subcontractor. All meetings shall be held at a location and time convenient to the Smithsonian Project Manager.

11. Develop and implement a change order control system using the internet based PMAS/Prolog system software or equivalent as may be approved by the Smithsonian.

12. Establish and implement a Quality Control program including monitoring the quality programs of all subcontractors.

13. Develop and implement a project-wide safety program, including monitoring and enforcement of the program for Trades and subcontractors.

14. Monitor closely the progress of construction of each subcontractor, prepare a construction schedule report at least monthly and, if and as necessary, prepare and submit recovery schedules.

15. Provide an independent, project-dedicated scheduler to develop, maintain and update the detailed CPM schedule.

16. Furnish monthly reports concerning the progress of the work which address: (a) compliance with the construction schedule, (b) status of testing and inspection activities performed by the GC and subcontractors,

(c) status of shop drawings and submittals, (d) status of change orders, (e) status of small business participation, (f) long lead item status reports; (g) high risk issue status; (i) six week look ahead; (j) budget status or (k)other matters relating to the progress of work as directed by the Smithsonian.

17. Determine when each subcontractor’s work is substantially complete and prepare a list of incomplete work and work which does not conform to the requirements of the construction documents using software and transfer methods submitted in advance and approved by the Smithsonian.

18. Maintain complete and accurate records, including (a) correspondence, (b) meeting notes and minutes, (c) shop drawings and submittals, (d) construction documents including change orders, (e) clarifications and interpretations of the construction documents issued by the project designer,

(f) progress reports including observations of testing performed, (g) as-built drawings, and (h) all other project related documents.

19. Smithsonian Institution Construction Management. The SI will review Construction Development through SI staff, through the Contracting Officer (CO), and/or Contracting Officer’s Technical Representative

(COTR).

20. Smithsonian Institution Responsibilities. The SI will provide if needed and when available:

i. Geotechnical and Soils information

ii. Topographical and utilities surveys of proposed site

iii. Review and comment of design and construction submittals, including the GC’s Quality Control Plan

iv. Inspections and Witness of tests to verify attainment of performance requirements

v. Maintenance, Services, and Utilities after occupancy, unless specified in this contract.

vi. Contract Drawings and Specifications

vii. Commissioning Agent

23. Training. The GC shall provide at least eighty (80) hours of formal maintenance of all installed equipment. Unless otherwise accepted by the SI, training course format shall be split equally between classroom instruction and field exercise. All classroom and on-site instruction shall be professionally videotaped for future reference. The GC shall provide a training plan with the final Design Document submission addressing all involved building equipment.

24. Facility Management. The GC shall provide at least forty (40) hours of classroom instruction for up to ten (10) SI and/or SI authorized personnel to become familiar with the Building Automation System/Energy Management System software and equipment provided under this contract. Training shall be “hands-on” and focused on actual operating and monitoring procedures. Training manuals shall be provided for each employee attending the training. Electronic copies in pdf format will be required as a project submittal.

25. Building Commissioning Services. The SI has contracted independently for the services of the Commissioning Provider (Cx). The GC shall be responsible to coordinate with the SI Commissioning Provider.

26. General. The SI will retain the services of a Commissioning Provider specializing in the observation and monitoring of major equipment and building systems installation, start-up and training of building operators.

27. Reporting. The (Cx) shall provide a report at each design phase describing comments and elements incorporated into the design documents. The reports, whole or in part, will be forwarded to the A/E and GC at the discretion of SI for action by the A/E or GC depending on the phase of the project.

30. Final Completion Procedures and Requirements. See Division 1 Specifications for Final Completion procedures

31. Owner's Inspection for Final Completion. See Division 1 Specifications for Final Completion procedures

C.4 Post-Construction Phase.

In cooperation with the Project Team, and in compliance with the Project Documents, the GC must provide expertise, labor, supervision, materials, and equipment required to develop and implement procedures for orderly completion of punch list items, checkout of utilities, operational systems and equipment and initial start-up and testing. The GC shall provide post-construction phase services in the best interests of the Smithsonian and using its reasonable professional judgement under the circumstances, to include, but not be limited to:

a. Preparation and delivery to the Smithsonian warranties, as built drawings, maintenance manuals, and the like, and generally administer closeout of the project.

b. Ensure performance of all warranty obligations, resolution of all claims, and other post-construction requirements.

c. Provide as-builts populated with all Smithsonian assets as identified on Smithsonian-provided BIM templates.

D. Packaging and Marking

Please see Section L.3, Media and Formatting.

E. Inspection and Acceptance

52.246-11 Higher-Level Contract Quality Requirement. (FEB 1999)

The GC shall comply with the higher-level quality standard selected below.

American Association of Museums, National Standards & Best Practices (2008)

Smithsonian Institution Building Information Modeling Specifications (2016)

Smithsonian Institution Directives issued by the Chief Information Officer

It is the responsibility of the GC to identify questions or concerns as to the applicability of the standards identified herein. The Smithsonian shall use its best efforts to resolve all questions during the bidding period.

52.246-12 Inspection of Construction. (APR 1996)

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

Inspection and acceptance may be made on a daily basis on work performed at the job site, by the Contracting Officers Technical Representative. All work shall be coordinated through the COTR for acceptance of work, payrolls and invoice(s).

52.246-S0039 Final Inspection and Tests (Jun 2000)

The requirements of the Inspection of Construction clause prescribed in FAR 52.246-12 are supplemented to provide that the GC 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 GC.

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 GC is performing in accordance with the terms and specifications as set forth herein.

(b) Inspection may be at the GC'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 GC of responsibility for any or all quality control aspects during the life of the contract. This shall include quality control for items covered by this contract that may be subcontracted.

52.246-S0058 Acceptance

(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 GC shall be and remain liable to the Smithsonian Institution in accordance with applicable law for all damages to the Smithsonian Institution caused by the GC's negligent performance of any of the supplies or services furnished under this contract.

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

F. Deliveries or Performance

52.211-18 Variation in Estimated Quantity. (APR 1984)

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 Project Documents for Final Completion of the Work as defined in this Construction Contract Clause, including authorized extensions thereto. The GC 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 GC 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 GC shall not commence the Work or store materials or equipment on site until written Notice to Proceed is issued or until the GC 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 Project 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 Project 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 Project 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 Project 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 Project Documents are of the essence of the Contract.

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

(c) Delays and Extensions of Time.

(1) The time during which the GC 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 GC's control and which the GC could not reasonably have foreseen and provided against, shall be added to the Contract Time; provided, however, that no claim by the GC 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 Project Documents.

(2) Neither the S.I., nor the Architect shall be obligated or liable to the GC for, and the GC 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 GC, 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 GC, 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 GC'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 Project 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 GC 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 GC 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 GC, 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 GC in writing thereof. If the C.O. finds that the GC 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 GC 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 GC acknowledges and agrees that time extensions will be granted only to the extent that excusable delays exceed the available float in the GC's Progress Schedule.

(4) Subject to other provisions of the Contract, the GC 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 GC, 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 Project Documents, includes an allowance for calendar days, which may not be available for construction out-of-doors; for the purposes of the Contract, the GC agrees that said number of calendar days per month are to be considered as normal inclement weather.

Unless the GC 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 GC 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 GC 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 GC.

In every such written claim, the GC 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 GC 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 GC 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 GC 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 GC to submit a new plan. If the actions taken by the GC or the second plan proposed are not satisfactory, the COTR may require the GC 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 GC 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 GC is failing to prosecute the Work with the sufficient diligence to ensure its completion with the Contract Time.

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.

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

(a) If the GC 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 Project Documents, the C.O. by a written order may order the GC to stop the Work, or any portion thereof, without monetary compensation to the GC until the cause for such order has been eliminated.

(b) The Contracting Officer may order the GC, 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 GC, 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 GC 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 GC as a result of the events described in this Construction Contract Clause, a time extension being the GC'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 GC 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 GC 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 Project 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 GC or any of his subcontractors to so protect same, such work and materials shall be removed and replaced at the expense of the GC.

(f) No claim by the GC for an equitable adjustment under the Construction Contract Clause entitled "Equitable Adjustments", shall be allowed if asserted after Final Payment under this Contract.

52.246-S0041 Additional Warranties and Guarantees (Jun 2000)

(a) The GC 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 Project 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 Project Documents, including substitutions not properly approved and authorized, may be considered defective. If required by the COTR, the GC 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 Project 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 Project Documents, any of the Work is found to be defective, not in accordance with the Project Documents, or not in accordance with the guarantees and warranties specified in the Project Documents, the GC shall correct it within five (5) working days, or such other period as mutually agreed, after receipt of a written notice from the COTR to do so.

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

(f) If the GC fails to correct defective or nonconforming Work as required by the Construction Contract Clause entitled "Correction of Work", or if the GC fails to remove defective or nonconforming Work from the site, as required by the Construction Contract Clause entitled "Uncovering of Work", the S.I. may elect to either correct such work in accordance with the Construction Contract Clause entitled "Smithsonian Institution's Right to Carry Out The Work", or remove and store materials and equipment at the expense of the GC.

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

G. Contract Administration Data

52.202-S0059 Contract Management

Notwithstanding the GC'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 GC. The following individuals will be the Smithsonian points of contact during the performance of the contract.

52.202-S0060 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.

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

(a) The Contracting Officer's Technical Representative (COTR) [insert COTR name], ([insert telephone number]), [insert department or museum name], or her authorized representative shall act for and on behalf of the Contracting Officer in the administration of any resultant contract with respect to:

1. Resolution of issues that may arise between the GC 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 GC'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…