F17SOL10027_RFP.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

SMITHSONIAN INSTITUTION

P.O. BOX 37012

MRC 1200

Washington DC 20013-7012

OCON

Eve Errickson

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

Eve Errickson 202-633-5214

1500102_1500110 x 05/12/2017

F17SOL10027

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

The Smithsonian Institution is seeking offers for its National Museum of Natural

History located at 10th St. and Constitution Ave. NW, Washington DC, 20001, for the construction of improvements described herein and in the following Drawings and

Specifications:

1. NMNH Renovate South Entrance, SF Project No. 1500102

a. Drawings, dated May 5, 2017

1) Volume 1 (Base Bid), sheets l through 173 of 336

2) Volume 2 (Option 3), sheets 174 through 336 of 336

b. Specifications, dated May 5, 2017:

1) Volume 1: pages 1 through 696

2) Volume 2: pages 1 through 750

2. Baird Auditorium AHU Replacement, SF Project No. 1500110

a. Drawings, dated May 5, 2017

1) Sheets 1 through 67

b. Specifications, dated May 5, 2017

1) Pages 1 through 697

Bidders' walk through is scheduled for 9:00 a.m. June 1, 2017. Enter North Lobby of the National Museum of Natural History at Constitution Ave. & 10th St. NW, and

Continued ...

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.)

10 580 calendar days and complete it within ________________ ________________ calendar days after receiving

07/11/2017

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

3 138

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

F17SOL10027

proceed as directed to the Baird Auditorium.

Please contact Jo-Ann Romano to obtain the Contract Documents no later than noon on May 18, 2017.

Questions should be submitted no later than June 15, 2017.

Bids are due July 11, 2017 at 3:00 pm EST.

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

Sponsored by GSA

FAR (48 CFR) 53.110

F17SOL10027

National Museum of Natural History Southside Improvements

A - Solicitation/Contract Form B - Supplies or Services/Prices C - Description/Specifications D - Packaging and Marking N/app E - Inspection and Acceptance F - Deliveries or Performance G - Contract Administration Data H - Special Contract Requirements I - Contract Clauses J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders L - Instructions, Conditions, and Notices to Bidders M - Evaluation Factors for Award

A - Solicitation/Contract Form

The Smithsonian Institution is seeking offers for NMNH Southside Improvements and related work at the Smithsonian Institution’s National Museum of Natural History located at 10th St. and Constitution Ave. NW, Washington DC, 20001, as described herein and in the Construction Drawings and Specifications for

1. NMNH Renovate South Entrance, SF Project No. 1500102

a. Drawings, dated May 5, 2017

1) Volume 1 (Base Bid), sheets l through 173 of 336

2) Volume 2 (Option 3), sheets 174 through 336 of 336

b. Specifications, dated May 5, 2017:

1) Volume 1: pages 1 through 696

2) Volume 2: pages 1 through 750

2. Baird Auditorium AHU Replacement, SF Project No. 1500110

a. Drawings, dated May 5, 2017

1) Sheets 1 through 67

b. Specifications, dated May 5, 2017

1) Pages 1 through 697

These drawings and specification are collectively referred to herein as the “Contract Documents.”

The Smithsonian Institution’s National Museum of Natural History (NMNH) in Washington DC is one of the most visited museums in the world, attracting millions of visitors annually. An international center housing sixty million specimens, its collections are used by both resident and visiting researchers to study Earth and its inhabitants. In addition to its wide array of public exhibits, the building is 1.3 million square feet housing educational, scientific and administrative facilities serving a permanent occupancy of approximately 1,200 people. Construction of the museum started in 1905 and it is on the National Register of Historic Places. The NMNH Southside Improvements project combines 2 separate projects – NMNH Renovate South Entrance and Baird Auditorium AHU Replacement. The projects are located adjacent to each other and there should be economy in implementing both projects at the same time by the same Contractor.

The two projects share General Conditions. The South Entrance serves as the main entrance to the museum and adjoins the National Mall. The building will remain open to visitors and staff throughout the renovation. The Baird Auditorium is the main performance space in the museum;

the AHU that serves it has exceeded its life cycle capabilities and requires replacement. The Baird Auditorium will go off line Dec 2017 to May 2018 during which time the AHU will be replaced.

Based on the master implementation plan completed in 1987, and revised in 2006, the Institution is slowly completing a comprehensive renovation program in the NMNH building which includes replacement of mechanical, electrical, plumbing and other building systems, and fixes degraded areas of the building. The long term detrimental effects of limited resources for maintenance, repair and upgrades are highly visible, particularly at the South Entrance. Additionally the South Entrance has never been ADA compliant; correction of this situation is long overdue. The new design also incorporates current DOEE storm water management requirements.

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

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. Contractors may propose an alternate schedule which illustrates the completion of the project in advance of the completion date.

This Request for Proposal (RFP) is intended to provide all Offerors with sufficient information to enable them to prepare and submit offers for technical and cost review and consideration by the Smithsonian Institution. Offerors may, at their own expense, obtain drawings and specifications and the Scope of Work, the cost of which is nonrefundable.

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

Funding for this construction project will be spread over Fiscal Year 2017 and Fiscal Year 2018 (FY17 and FY18). The construction project will be partially funded in FY17 which ends Sept 30, 2017. The remainder of the project will be funded at the start of early in FY18 or when FY18 federal funds become available. The cost proposal should reflect the division of costs over the two fiscal years.

The Smithsonian Institution may cancel this RFP without prior notice.

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 580 calendar days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014)

B - Supplies or Services/Prices

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

B.2. The successful Contractor shall furnish all supervision, labor, materials and equipment needed for the Southside Improvements at the Smithsonian Institution's National Museum of Natural History located at 10th Street & Constitution Avenue, NW, Washington, DC 20560-0909, as set forth in the following documents:

1. NMNH Renovate South Entrance, SF Project No. 1500102

c. Drawings, dated May 5, 2017

1) Volume 1 (Base Bid), sheets l through 173 of 336

2) Volume 2 (Option 3), sheets 174 through 336 of 336

d. Specifications, dated May 5, 2017:

1) Volume 1: pages 1 through 696

2) Volume 2: pages 1 through 750

2. Baird Auditorium AHU Replacement, SF Project No. 1500110

e. Drawings, dated May 5, 2017

1) Sheets 1 through 67

f. Specifications, dated May 5, 2017

1) Pages 1 through 697 These drawings and specification are collectively referred to herein as the “Construction Documents.” All work shall be performed in strict accordance with the plans and specification as shown or as may be changed by modification issued by the Contracting Officer. No deviations are permitted unless a change notice is issued and approved by the Smithsonian Institution.

B.3. Pricing – The successful contractor/offeror shall identify all costs associated with South Entrance project and Baird AHU Replacement project, as set forth in the Construction Documents. Offerors are required to provide the Base Cost Proposal Submission as per the Base Cost Proposal Submission Form (B.3.1) and Multi-year FY Funding Increments forms (B.3.2).

Also provide as separate pricing for the following items:

1. Schedule of Options for Bid as defined in Specifications Volume I, Division 010000, in the format specified herein at Section B.4;

B.3.1. Base Cost Proposal Submission - Provide a comprehensive Bid Schedule that includes South Entrance project (base build and Option 3) and Baird AHU Replacement project. The period of performance for Baird AHU Replacement will be entirely within the period of performance for South Entrance. Smithsonian Institution will not award the Baird AHU Replacement package without concurrently awarding the South Entrance package.

The format for the Base Cost Proposal Submission shall be the Construction Specifications Institute (CSI) divisions of work. Break down the Base Cost Proposal Submission into the CSI divisions listed.

BASE COST PROPOSAL SUBMISSION FORM – Lump Sums per Project per Division

Division South Entrance

Base Build + Option

Baird AHU Replacement

Division Subtotal Div. 1 General Conditions $ $ $ Div. 2 Existing Conditions $ $ $ Div. 3 Concrete $ $ $ Div. 4 Masonry $ $ $ Div. 5 Metals $ $ $ Div. 6 Wood, Plastics and Composites

Div. 7 Thermal and Moisture Protection

Div. 8 Openings $ $ $

Div. 9 Finishes $ $ $ Div. 10 Specialties $ $ $ Div. 11 Equipment $ $ $ Div. 12 Furnishings $ $ $ Div. 21 Fire Suppression $ $ $ Div. 22 Plumbing $ $ $ Div. 23 HVAC $ $ $ Div. 26 Electrical $ $ $ Div. 27 Communications $ $ $ Div. 28 Electronic Safety & Security

Div. 31 Earthwork $ $ $ Div. 32 Exterior Improvement

Div. 33 Utilities $ $ $

SUBTOTAL $ $ $

Overhead and Profit $ $ $ Performance Bond $ $ $

PROJECT TOTALS $ $

BASE COST

PROPOSAL TOTAL -

NMNH Southside Improvements Total (South Entrance, Option 3, Baird AHU Replacement)

B.3.2. Multi-year FY Funding Increments – The project value is estimated between $18M and $24M. The Smithsonian has identified $6,500,000 to fund performance of the awarded contract for the first fiscal year. The Smithsonian Institution’s obligation under this contract beyond that amount is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Smithsonian Institution for any payment may arise for performance under this contract beyond $6,500,000 unless and until funds are made available to the Contracting Officer for performance and the Contractor receives notice of availability of funds, to be confirmed in writing by 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 year funds are not appropriated. Smithsonian Institution will not be liable for any costs in excess of the termination cost (cancellation charge).

Because FY17 and FY18 funding will be used on this construction project the cost proposal is required to reflect the division of costs from start of project to Jan 14 2018, and Jan 15 2018 to May 2019. The construction project has been partially funded for FY17 and the remainder of the project will be partially funded at the start of FY18 which is January 15, 2018 (or when FY18 federal funds become available). The cost proposal should reflect the division of costs for the beginning (start of project to Jan 14 2018) and remainder (Jan 15 2018 to May 2019). Note prices should include costs for South Entrance Base and Option 3, and Baird AHU Replacement.

The total of FY 17 and 18 increments should equal the Base Cost Proposal Total (above).

FY2017 FUNDING INCREMENT ($6.5M available):

General Conditions (approx. 4 months) $______________________________________ Submittals & Shop Drawings $______________________________________ Site Mobilization and Staging Prep $______________________________________ Existing Conditions and Hazmat Removal $______________________________________ Demolition $______________________________________ Concrete & Masonry $______________________________________ Metals, Wood, Plastics, Composites $______________________________________ Mechanical, Electrical, Plumbing $______________________________________

SUBTOTAL $______________________________________

Other - Offerors shall clearly and completely describe items added to FY2017 Funding Phase __(list)________________________________ $______________________________________

(Attach pages as necessary)

Termination Cost (Cancellation Charge) $______________________________________ (Attach pages as necessary)

TOTAL – FY 2017 $______________________________________

FY2018 FUNDING INCREMENT: (remainder available Jan 2018) General Conditions $______________________________________ Submittals & Shop Drawings $______________________________________ Existing Conditions and Hazmat Removal $______________________________________ Demolition $______________________________________ Concrete & Masonry $______________________________________ Metals $______________________________________ Wood, Plastics, Composites $______________________________________ Thermal and Moisture Protection $______________________________________ Openings $______________________________________ Finishes $______________________________________ Specialties $______________________________________ Equipment $______________________________________ Furnishings $______________________________________ Fire Suppression $______________________________________ Plumbing $______________________________________ Heating, Ventilating, and Air Conditioning $______________________________________ Electrical $______________________________________ Communications $______________________________________ Electronic Safety and Security $______________________________________ Earthwork $______________________________________ Exterior Improvements $______________________________________ Utilities $______________________________________ Project Record Documents $______________________________________ O&M Data $______________________________________ As-Builts $______________________________________ Project Close-out $______________________________________

SUBTOTAL $______________________________________

Other - Offerors shall clearly and completely describe items added to FY2018 Funding Phase __(list)________________________________ $______________________________________

(Attach pages as necessary)

TOTAL - FY2018 $______________________________________

B.4. Options: The option price shall include all related costs (including but not limited to supervision, labor, materials, coordination, overhead, profit, and bonds). The Contractor shall hold the Option price for a period of one hundred and fifty (150) calendar days from the date of award. Please see Project No.

1500102 Specifications Volume 1, Division 010000.

B.4.1 OPTION 1 (ADD) Historic Decorative Security Gate

(Express in Words and Figures)

B.4.2 OPTION 2 (ADD) Banner Hanging System

(Express in Words and Figures)

C - Description/Specifications

The successful offeror shall provide all materials, equipment, labor and supervision necessary to complete the work described in the Contract Documents at the Smithsonian Institution, National Museum of Natural History, 10th St. and Constitution Ave. NW, Washington DC, 20001. The Contract Documents are summarized and supplemented in this Section.

The Work includes, but is not limited to, all work specified in the drawings and specifications beginning with Division 1 and ending with Division 33 (with some sections omitted).

The objectives of the Southside Improvements project are to renovate every aspect of the south entrance of the museum and to replace the AHU for Baird Auditorium. Work under this project includes but is not limited to:

• Modifications to existing steps, plazas, portico, vault, landscape and parking lot

• Refurbishment of all stone, cast iron and bronze at steps, plazas, plinths, benches and portico

• New accessible switchback walkways (2, symmetrical) clad in Lake Placid thermal finish granite with cast Tombasil white bronze grass-patterned guardrails (Option 3)

• New bronze doors with new blast-resistant framing; also four new windows

• Renovate Vault space under stairs; new HVAC, electrical, plumbing, security and life safety systems and finishes

• Snowmelt at new walkways

• New landscaping and bio-retention basins in parking lot for storm water management

• Restoration of decorative historic iron gate at entrance (Option 1)

• New banner hanging system (Option 2)

• New AHU for Baird and associated electrical, HVAC piping, ductwork connections, BAS controls and replacement steam/condensate equipment work

• New air intake location at existing roof penetration and insulation of existing vertical shaft

• Challenging schedule with requirement to keep building entrance open during construction, vibration monitoring during sheeting/shoring and pile driving, and permits from National Park Service for elements of work affecting Madison Drive, on-street parking and sidewalks

Work will require coordination with the museum in order to provide access to visitors and staff throughout construction. Some work will need to be performed off-hours. NMNH Southside Improvements will completely transform the primary face of the museum and will provide long-overdue access for all to the main door of the museum, a monument that will last for many generations.

Construction Schedule: Total period of performance allowed for construction is 580 calendar days from the Notice to Proceed. Also note critical dates early in the construction duration by which time the new Baird AHU must be functional and in place which necessitates focus and completion on that work early.

Construction Budget: Estimated cost range is between $18M and $24M, including all packages and options.

D - Packaging and Marking

N/app

E - Inspection and Acceptance

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

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

52.246-S0039 Final Inspection and Tests (Jun 2000)

The requirements of the Inspection of Construction clause prescribed in FAR 52.246-12, are supplemented to provide that the Contractor shall give the Contracting Officer at least 10 calendar days advance written notice of the date the work will be fully completed and ready for final inspection and tests. Final inspection and tests will be started within 10 calendar days from the date specified in the aforesaid notice unless the Contracting Officer determines that the work is not ready for final inspection and so informs the Contractor.

52.246-S0057 Inspection

(a) Upon proper notice and during normal working hours, the Smithsonian Institution reserves the right to perform any inspections and tests as deemed necessary to assure that the Contractor is performing in accordance with the terms and specifications as set forth herein.

(b) Inspection may be at the Contractor's place of business or at any location where work is being performed in conjunction with this contract.

(c) Inspection by the Smithsonian Institution shall not relieve the Contractor of responsibility for any or all quality control aspects during the life of the contract. This shall include quality control for items covered by this contract that may be subcontracted.

52.246-S0058 Acceptance

(a) The supplies and services rendered under this contract will be accepted and approved by the Contracting Officer or a designated representative thereto. Such approval will indicate acceptability to the Smithsonian Institution of performance in accordance with the terms and conditions of this contract, and will be subject to applicable warranties. The Smithsonian Institution reserves the right to reject works not conforming to prescribed contract requirements.

(b) Neither the Smithsonian Institution's reviews, approval, or acceptance of services and/or supplies, nor payment for any of the services or supplies required under this contract shall be construed to operate as a waiver of action arising out of the performance of this contract.

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

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

F - Deliveries or Performance

52.211-S0025 Commencement, Prosecution, and Completion of Work (Jun 2000)

(a) Definitions.

(1) The Contract Time is the period of time allotted in the Contract Documents for Final Completion of the Work as defined in this Construction Contract Clause, including authorized extensions thereto. The Contractor shall complete his Work within the Contract Time as stated in the SF 1442, or as modified.

(2) The date of commencement of the Work is the date established in the Notice To Proceed issued by the C.O. Submission by the Contractor of its Performance and Payment Bonds, Preliminary Schedule and all Certificates of Insurance and their approval by the S.I. are conditions precedent to the issuance of the Notice to Proceed. The Contractor shall not commence the Work or store materials or equipment on site until written Notice to Proceed is issued or until the Contractor otherwise receives the written consent of the C.O.

(3) The date of Substantial Completion of the Work or designated portion thereof is the date certified by the COTR when the Work or a designated portion thereof is sufficiently complete, in 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.

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 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.

52.246-S0041 Additional Warranties and Guarantees (Jun 2000)

(a) The Contractor guarantees and warrants to the S.I. all work as follows:

(1) That all materials and equipment furnished under this Contract will be new and the best of its respective kind unless otherwise specified;

(2) That all Work will be first-class quality and free of omissions and faulty, poor quality, imperfect or defective material or workmanship;

(3) That where no standard is specified for such workmanship or materials, they shall be the best of their respective kinds;

(4) That the Work shall be entirely watertight and leakproof in accordance with all applicable industry customs and practices, and shall be free of shrinkage and settlement, (normal shrinkage inherent in the specified materials is acceptable);

(5) That the Work, including but not limited to, mechanical and electrical machines, devices and equipment shall be fit and fully usable for its intended and specified purpose and shall operate satisfactorily with ordinary care;

(6) That consistent with requirements of the Contract Documents the Work shall be installed and oriented in such a manner as to facilitate unrestricted access for the operation and maintenance of fixed equipment;

(7) That the Work will be free of abnormal or unusual deterioration which occurs because of poor quality materials, workmanship or unsuitable storage.

(b) All work not conforming to guarantees and warranties specified in the Contract Documents, including substitutions not properly approved and authorized, may be considered defective. If required by the COTR, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of the Construction Contract Clauses entitled "Uncovering of Work" and "Correction of Work".

(c) The warranties set forth in this Construction Contract Clause entitled "Additional Warranties and Guarantees" and elsewhere in the Contract Documents shall survive Final Completion of the Work under the Construction Contract Clause entitled "Payments and Completion".

(d) If, within one year after the Date of Final Completion of the Work or designated portion thereof or within one year after acceptance by the S.I. of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective, not in accordance with the Contract Documents, or not in accordance with the guarantees and warranties specified in the Contract Documents, the Contractor shall correct it within five (5) working days, or such other period as mutually agreed, after receipt of a written notice from the COTR to do so.

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

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

(g) The Contractor shall bear the cost of making good all work of the S.I., separate contractors or others, destroyed or damaged by such correction or removal required under this Construction

Contract Clause or the Construction Contract Clauses entitled "Uncovering of Work" and "Correction of Work", or elsewhere in the Contract Documents.

G - Contract Administration Data

52.202-S0059 Contract Management

Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Smithsonian and the Contractor. The following individuals will be the Smithsonian points of contact during the performance of the contract.

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) [], ([]), [], or her authorized representative shall act for and on behalf of the Contracting Officer in the administration of any resultant contract with respect to:

1. Resolution of issues that may arise between the Contractor and the Smithsonian Institution in connection with such matters as acceptability of workmanship and other technical requirements;

2. Evaluation on an overall basis of the acceptability of workmanship and Contractor's compliance with technical requirements; and

3. The approval and acceptance of work performed under this contract.

(b) This delegation does not authorize the modification of any of the contract's provisions, terms or conditions. All authorities not herein delegated are reserved to the Contracting Officer.

(c) The Contractor shall make available such records, reports and facilities as may be required to carry out this assignment.

(c) Contractor’s performance will be evaluated using the respective contractor performance evaluation report entry system located on the website http://www.cpars.gov/. Prior to commencement of work the contractor is required to provide the government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the government in the appropriate system. It is the contractor’s responsibility to keep this contact information current.

52.202-S0062 Authorities

The Contractor is advised that only the Contracting Officer can change or modify the terms of this contract or take any other action which obligates the Smithsonian and then such action must be set forth in a formal modification to the Contract. The authority of the COTR is strictly limited to the specific duties set forth in her letter of appointment, a copy of which will be furnished the Contractor. Contractors who rely on direction from persons other than the Contracting Officer (or a COTR acting within the strict limits of his/her responsibilities as set forth in his/her letter of appointment) do so at their own risk and expense, as such actions do not bind the Smithsonian contractually. All questions concerning the authority of a Smithsonian employee to direct the Contractor contractually should be referred to the Contracting Officer.

52.213-S0094 Application for Payment

The Contractor shall submit Application for Payment in triplicate copies and in accordance with the Construction Contract Clauses. All Applications for Payment shall identify the Contract Number and Project Title and shall be submitted to the COTR at the address specified by the Work Order.

Note: The Prompt Payment Act (31 U.S.C. Section 3901) is not applicable to the Smithsonian Institution. The Smithsonian Institution shall take all reasonable measures to ensure that payment for invoice(s) properly documented and submitted shall be paid within thirty (30) days from receipt of an approved proper invoice.

52.215-S0002 Authorized Negotiators (Apr 1984)

The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations: [list names, titles, and telephone numbers of the authorized negotiators].

52.215-S0063 Key Personnel

(a) The Contractor shall include the key personnel to be assigned under this contract those persons listed below:

NAME LABOR CATEGORY

Offerors shall also…