RFP_F18R010038.pdf

SOLICITATION/CONTRACT 1. THIS CONTRACT IS A RATED

5. SOLICITATION TYPE2. CONTRACT NO. 4. SOLICITATION NUMBER

PAGE OF PAGES

7. ISSUED BY CODE 8. THIS ACQUISITION IS

BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27

RATING

ORDER UNDER DPAS (15 CRF 350)

3. AWARD/

EFFECTIVE DATE ISSUE DATE

6. SOLICITATION

UNRESTRICTED

SET ASIDE

SMALL BUSINESS

OTHER

COMBINED SMALL BUSINESS AND

LABOR SURPLUS AREA CONCERNS

LABOR SURPLUS AREA CONCERNS

SIC:

SIZE STANDARD:

9. (AGENCY USE)

NO COLLECT CALLS

10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)

SUPPLIES SERVICES

11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN

DAYS (60 CALENDAR DAYS UNLESS OFFEROR INSERTS A DIFFERENT

PERIOD) FROM THE DATE SET FORTH IN BLK 9 ABOVE, THE CONTRACTOR

AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS SOLICITED

HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE

TERMS AND CONDITIONS STATED HEREIN.

CODE 12. ADMINISTERED BY

13. CONTRACTOR/ FACILITY 14. PAYMENT WILL BE MADE BY CODE CODE

OFFEROR CODE

TELEPHONE NO.

DUNS NO.

CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK:

15. PROMPT PAY DISCOUNT 16. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

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

NEGOTIATED BID (RFP)

SEALED BID (IFB)

1 3

SMITHSONIAN INSTITUTION

P.O. BOX 37012

MRC 1200

Washington DC 20013-7012

Facility. This RFP replaces F15SOL10008, which was cancelled due to programmatic changes.

This is request for proposals #F18R010038 for a Consolidated Administrative Headquarters

OCON

P.O. BOX 37012

MRC 1200

Washington DC 20013-7012

OCON

% FOR

CALENDAR

x

OCON

33330218RF0010038

17.

ITEM NO.

18.

SCHEDULE OF SUPPLIES/SERVICES

19.

QUANTITY

20.

UNIT

21.

UNIT PRICE

22.

AMOUNT

This RFP consists of the following documents:

This Standard Form 1447, p. 1-3;

The Terms and Conditions of the RFP, attached hereto, pages 1-24;

Appendix 1, SI Codes, Standards and Requirements, Continued ...

27. SIGNATURE OF OFFEROR/CONTACTOR 28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

NAME AND TITLE OF SIGNER (TYPE OR PRINT) DATE SIGNED NAME OF CONTRACTING OFFICER (TYPE OR PRINT) DATE SIGNED

25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION

NUMBER SHOWN IN BLOCK 4, INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS

TO ITEMS:

23. ACCOUNTING AND APPROPRIATION DATA 24. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

Thomas Dempsey

NSN 7540-01-218-4386 1447-101 STANDARD FORM 1447 (Rev. 5-88)

Prescribed by GSA

FAR (48 CFR) 53.215-1(g)

TYPE OR PRINT NAME AND TITLE OF SIGNER

SIGNATURENAME AND ADDRESS OF FIRM (Include ZIP Code)

WE DO NOT, DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENTS OF THE TYPE OF ITEM(S) INVOLVED.WE DO

DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEMS INVOLVED

CANNOT MEET DELIVERY REQUIREMENT

OTHER (Specify)

UNABLE TO IDENTIFY THE ITEM(S)

CANNOT COMPLY WITH SPECIFICATIONS

PAGE

NO RESPONSE FOR REASONS CHECKED

3 2 OF

DATE AND LOCAL TIME

AFFIX

STAMP

HERE

TO:

FROM:

SOLICITATION NO.

SMITHSONIAN INSTITUTION

P.O. BOX 37012

MRC 1200

Washington DC 20013-7012

OCON

SF 1447 (5-88) BACK

33330218RF0010038

(A)

ITEM NO.

(B)

SUPPLIES/SERVICES

(C)

QUANTITY

(D)

UNIT

(E)

UNIT PRICE

(F)

AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

33330218RF0010038

dated Feb. 24, 2012;

Appendix 2, SI Access Control Handbook, dated Sept. 7, 2011;

Appendix 3, SI Cabling Standards, dated July 14, 2017;

Appendix 4, Sample Purchase & Sale Agreement; p.

1-43.

Appendix 5, Cost Worksheet.

NSN 7540-01-218-4386 Standard Form 1447 (5-88)

Sponsored by GSA

FAR (48 CFR) 53.2151 (g)

F18R010038_Terms & Conditions

A - Solicitation/CONSOLIDATED ADMINISTRATIVE HEADQUARTERS INITIATIVE

B - BACKGROUND

C – Description & Specifications

D - Packaging and Marking

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

List of Documents, Exhibits, and Other Attachments 15

K - Representations, Certifications, and Other Statements of Bidders

L - Instructions,Conditions, and Notices to Bidders

L.2. Proposal Due Date

Proposals are due no later than 2:00 pm eastern time, October 15, via pdf. Offeror must submit an electronic copy of:

-Signed Signature page of RFP (1 page)

-Technical Proposal (Refer to L.10.)

-Cost Proposal (Refer to L.11.)

L.3 Preparation of Proposals

L.3.1. Cost Proposal

L.4. Inquiries regarding this RFP should be directed to: (via ErricksonE@si.edu)

Smithsonian Institution Office of Contracting Attn: Eve Errickson , 600 Maryland Avenue

SW, Washington, DC 20024. All questions pertaining to the RFP must be submitted in writing (e-mailed to erricksone@si.edu by October 1, 2018. The Smithsonian will respond to questions submitted in writing by October 5, 2018

M - Evaluation Factors for Award

A – INTRODUCTION

This request for proposals supersedes the solicitation numbered F15SOL10008 due to a number of changes in the Smithsonian’s programmatic requirements.

The Smithsonian Institution seeks offerors qualified to convey headquarters facilities space located in a single office building or complex of buildings accommodating 460,000 square feet of offices.

The Smithsonian Institution belongs to the people of the United States and is the World’s largest museum, education, and research complex, with media enterprise. The Smithsonian’s workforce consists of an expert and creative professional staff, and a large and devoted volunteer corps. At its 29 museums and research institutes, the Smithsonian creates knowledge through high-impact research in science, art, history, and culture. It preserves our national and natural heritage, as well as aspects of other cultures, through art and its curation, by maintaining important historical artifacts, and by caring for and expanding the National Collection.

Finally, the Smithsonian shares knowledge with the public through compelling exhibitions, education programs, and media products, by telling the American story, and by showcasing

American artistic, intellectual, and technological leadership.

In 2017, Secretary Skorton announced a five-year strategic plan for the Smithsonian, to include institution-wide goals for visitor engagement, community outreach, operational integrity and efficiency, titled the “One Smithsonian” initiative. The One Smithsonian initiative looks to improve internal cooperation to create seamless visitor experiences across the many, varied museums and programs of the Smithsonian. A key prong of being One Smithsonian is the need to foster greater collaboration and coordination between the central administration and individual museums and institutions.

The Smithsonian’s mission depends on business activities, scientific research and curatorial activities continuously in progress, many of which are highly technical, sensitive or require expedited handling. Examples include but are not limited to preservation of historic architecture, use or maintenance of scientific apparatus, conservation of high value collections items, cooperative international projects, or public safety. The highest concentration or SI units and offices is the National Mall, in Washington DC. The number of staff to be relocated as part of this

Consolidated Administrative Headquarters effort is approximately 1500 individuals.

Currently, SI administrative staff are located throughout the District, Northern Virginia and

Maryland, linked via Metro and shuttle services that operate between the different locations on an hourly basis. However, coordinating across these locations in the greater metropolitan area has proven to have a significant administrative cost. The Smithsonian offers eleven museums and galleries on the National Mall. A substantial portion of its activities occur on the National Mall.

SI staff must be on-site with Smithsonian assets such as historic buildings, collections stored in museum buildings, and exhibits to provide effective and efficient support of new programs or emerging issues. Some of the tasks required to be conducted on the Mall include visual inspections of Smithsonian assets, meetings for assembled Smithsonian leadership, fundraising and special events, ongoing consultations with curatorial experts, architectural design and construction projects in progress, security reviews and staff wide trainings related to Smithsonian programs, structures and collections. Smithsonian administrative staff must also coordinate in multi-disciplinary groups to provide support for planning and guidance of new initiatives and continuing programs. Being dispersed throughout the region limits face-to-face coordination and introduces costs associated with travel to and from meetings. In addition, the Smithsonian should be able to save money on leasing by purchasing a building or complex of buildings and moving staff from leased space to owned space. Accordingly, co-location of administrative staff in a single building or complex of buildings owned by the Smithsonian near a substantial amount of the Smithsonian’s activities presents an opportunity for the Smithsonian to realize greater efficiency in its administrative efforts.

Process Overview

The following is a summary of the anticipated timeline for key milestones:

Launch of RFP Process August 31, 2018

Proposal Submission Deadline October 15, 2018

Definitive Notice of Award Date February 2, 2019

This RFP is issued pursuant to the principles set forth in the Federal Acquisition Regulations Part

15 as a single step competition by negotiated acquisition on the basis of best value and tradeoff process. In administering this RFP the Smithsonian will be guided by FAR and applicable federal law.

The Smithsonian will review proposals received in accordance with the terms herein. If a successful offeror is identified, the Smithsonian may enter into negotiations for a Purchase and

Sale Agreement. Evaluation of Proposals will be based on information submitted in the

Proposals, and will involve both technical and cost criteria, as further detailed in Sections L and

M of this RFP.

Executive Summary

The Smithsonian was created by Congress in 1846 as "an establishment for the increase and diffusion of knowledge." Since 1846, the Institution has grown to include 29 museums and research organizations engaged in exhibit development and scientific research. By far the largest geographic concentration of Smithsonian museums and research centers is located on the

National Mall in the District of Columbia, with proximity to the Washington Monument, Congress, and the National Gallery of Art. The Smithsonian has 6,805 employees and 6,905 on-site volunteers and welcomes 30 million visitors annually. Smithsonian museums are open to the public 364 days per year. Smithsonian operations rely on staff skilled in art and artifact conservation, security, emergency response services, building maintenance, design, archival research, construction management, financial, legal, administrative, and many other critical services.

The Smithsonian Facilities division has responsibility for real estate, building construction and maintenance under the terms of Smithsonian Directive 410, dated February 28, 2011.

Smithsonian Facilities’ mission is more specifically to ensure an appropriate level of quality standards to maintain the safety, health and welfare of Smithsonian visitors and staff; protect, preserve, conserve, and secure the Smithsonian collections; support the special needs of scientific programs; preserve the Smithsonian buildings and their historic integrity; assure that all construction is coordinated and tracked through a central source; and promote accurate record keeping.

B - BACKGROUND

Existing Office Spaces & Relevant Policies

The Smithsonian has 6,805 employees and 6,905 on-site volunteers. Smithsonian offices are located throughout the District, Maryland and Northern Virginia, but do not have a uniform set of amenities or layout. Currently, most Smithsonian facilities have parking, retail food service, bike racks and fitness centers on-site. Parking is paid by the employee. Currently, no staffing changes are projected, and no space study has been conducted. Current HVAC, document archive, IT data center, mailroom and parking requirements do not exceed that typically found in DC’s office building stock.

The Smithsonian’s IT facility and data centers are to remain in Herndon, but a single generator on-site for the DC Headquarters is desirable.

FUNDING

The Smithsonian has two major operating revenue sources:

Federal funds: $1,043.3 million in fiscal year

68% of combined operating revenue

Trust funds: $ 488.0 million in fiscal year

32% of combined 2018 projected operating revenue

Historically, trust operations pay for new exhibits, some programs and salaries of non-federal employees, while federal appropriations pay for capital projects, maintenance and operations, salaries of federal employees, care of the collections, some research, and some programs. Trust fund employees, activities, and financial operations are managed separately from federal funds activities. Only unrestricted trust fund income and assets are pledged to bonded debt repayment.

In 2017, Standard & Poor’s Rating Services affirmed its ‘AAA’ long-term rating for debt issued on behalf of the Smithsonian.

C – Description & Specifications

All Smithsonian Institution (SI) Facility designs for new, renovation and/or preservation construction comply with applicable Federal, State and Local codes, regulations, guidelines and standards, including, but not limited to, the following list. State, local and utility requirements vary depending on the location of the project. The comprehensive list of Codes, Standards and

Requirements applicable to Smithsonian projects is attached as Appendix 1. Appendices 1, 2 and

3 are not tailored to the subject project and are provided for information.

The Director, Office of Smithsonian Facilities (SF) is the Smithsonian Code Official and is the authority having jurisdiction for the planning, real estate management, design and construction services of the Smithsonian Institution

The Director, Office of Planning, Design and Construction (OPDC) is charged with the selection of and the compliance with appropriate codes and regulations to serve as minimum design standards for facilities at the Smithsonian.

The Director, Office of Safety, Health and Environmental Management (OSHEM) is the authority having jurisdiction as defined and used in the National Fire Codes and is the designated SI Fire

Marshall.

Individual SI offices and Museums have specific standards and guidelines applicable to the projects. SI Fire Protection and Life Safety Design Manual, sample guide specifications, particularly asbestos and lead abatement, sprinkler systems, fire alarms, fire stopping and others will be provided on request.

Exterior, Common Areas, Building Lobby, Loading Dock, Guard Desk Locations must meet the

Smithsonian’s standards for comprehensive security, including but not limited to 24 hour, 7 day per week monitoring.

Controlled entry system for base building; on-site amenities; elevator, fire egress stairwells and specific rooms must meet or exceed the standards in the Smithsonian Access Control Handbook set forth in the attached Appendix 2.

Data and telephony must meet the Smithsonian’s Cabling Standards set forth in the attached

Appendix 3.

MINIMUM REQUIREMENTS

The minimum requirements for the Smithsonian’s consolidated headquarters are as follows:

1) Size. The Smithsonian requires an office building or complex of buildings with a minimum of 260,000 contiguous square footage. For the purpose of this solicitation, ‘contiguous office space’ means commercial space sufficiently large to co-locate the majority of the Smithsonian administrative functions described in the Introduction, not less than 260,000 square feet.;

2) Mall proximity. Any prospective headquarters must be walking distance from the Castle located on the National Mall 1000 Jefferson Drive SW, Washington, DC 20560. For the purposes of this document, walking distance is defined by two characteristics: 1) available thoroughfares continuously and legally accessible to pedestrian foot traffic and

2) a distance no longer than is required for a person in average health to walk in door to door in 20 minutes as measured by Google maps directions feature at https://www.google.com/maps/dir/, utilizing the ‘walking mode’;

3) Property Characteristics and Amenities.

a. Class A Office Space compliant with ANSI/BOMA Z65.1-2010;

b. Parking amenities at typical ratio must be available on site or within a 20 minute walking travel time;

c. Bicycle storage must be on-site;

d. Retail food service must be on site or available within 20 minute walking travel time;

e. Metrorail access must be available within 20 minute walking travel time;

f. Fitness Center either on site or within a 20 minute walking travel time;

g. Conferencing and meeting spaces which accommodate video and live stream connectivity on site;

h. Special event spaces must either be in the building or available for lease within

20 minute walking travel time;

i. Life safety, fire protection, building security and access must comply with the

Smithsonian’s requirements, as identified above; and

j. Approximately 175 staff have positions that make work in an open office arrangement inappropriate due to confidentiality restrictions. Otherwise, there is no preference for a particular arrangement.

4) TIME. The Smithsonian must take occupancy not later than May 1, 2021;

a. Any tenant improvements must be completed no later than May 1, 2021.

5) RIGHTS & ENCUMBRANCES. Offeror must, as a condition of submitting its proposal, warrant that any prospective headquarters building described therein be free of any zoning, easements, conditions, use restrictions, entitlements, set back requirements, air rights, condemnation, or other concerns, without reservation, that prevent the

Smithsonian from taking beneficial occupancy as of May 1, 2021.

The minimum requirements for the prospective purchase and sale agreement are as follows:

1) All proposals must include controlling ownership in fee simple, of a building or complex of buildings with a minimum of 260,000 contiguous square feet.

2) Offerors, in addition to a controlling ownership interest, may offer leased spaces to expand the minimum requirement, up to a maximum of 460,000. Leases must not exceed the square footage of the ownership interest. The term of any dependent lease or lease option shall be no more than five (5) years, with four (4) additional five (5) year options to extend at fixed or stated prices. Options at “market” or a derivative thereof, will not be considered.

A sample purchase and sale agreement is provided as a sample only and is attached hereto as

Appendix 4. The sample is provided for illustrative purposes only and should not be understood to reflect or limit the final terms of any purchase and sale agreement entered into following award.

Proposals that do not meet the minimum requirements shall be deemed non-responsive.

Due Diligence

The Smithsonian does not represent or warrant that the information, opinions and recommendations contained in the RFP are complete, accurate or suitable for any purpose, or that such information, opinions and recommendations are in conformity with the requirements of the

RFP or Applicable Law. Offerors shall have no right to compensation, time extension or other claim in connection with participation in this procurement based on any incompleteness or inaccuracy in the RFP.

The successful offeror may be required to work with, and prepare submissions on behalf of, the

Smithsonian in order to secure all necessary third party approvals for District projects of this nature, including the approvals required by the applicable reviewing agencies, neighborhood civil associations, and any other applicable entities. The Smithsonian shall be provided the opportunity to review and comment on any proposed submissions in advance of the submission to the public agencies, and the Offeror is required to notify and invite the Smithsonian to participate in any meetings that the Offeror has with any of the reviewing agencies.

Clarification and Amendment of RFP Documents

Each Offeror shall be solely responsible for:

(a) examining, with appropriate care and diligence, the RFP (questions, answers, clarifications, and information provided as part of this solicitation process); and

(b) requesting written clarification or interpretation of any perceived discrepancy, deficiency, ambiguity, error or omission contained in the RFP, or of any provision that the Offeror fails to understand.

Failure of an offeror to make such review and to request such clarification shall be at its sole risk, and no relief for error or omission will be provided by the Smithsonian.

Submission of Requests for Clarification and Amendment

(a) Offerors shall submit requests for clarification and amendment in accordance with this

Section.

(b) The Smithsonian will only consider comments and questions regarding the RFP, including requests for clarification and requests to correct errors, if transmitted to the Smithsonian

Representative in written form. No telephone or oral requests will be considered.

(c) Such requests for clarification and amendment may only be submitted at any time prior to the applicable time and date specified in this RFP or such later date as may be specified via amendment.

All requests for information submitted by potential offerors in response to this RFP shall:

(ii) be sequentially numbered,

(iii) identify the relevant concern by document title, section number and page number; or, if it is a general question or comment, indicate so;

(v) not contain proprietary or confidential information, except if the question itself is deemed confidential by the Proposer in accordance with this RFP.

Smithsonian Responses

(a) The Smithsonian will attempt to address all written requests, providing written responses and/or addenda. Each interpretation or correction that the Smithsonian may decide to offer will be shared with all Offerors and posted on FedBizOpps.gov at www.fbo.gov. Offeror are solely and exclusively responsible for checking this site for updates.

(d) If the Smithsonian elects to issue responses to questions, the Smithsonian may rephrase or consolidate questions as it deems appropriate.

Amendments

(i) The Smithsonian may, by issuing an amendment, modify conditions or requirements of the RFP at any time after its formal issuance.

(ii) Amendments will be shared with all Proposers and posted on FedBizOpps.gov at www.fbo.gov. Proposers are solely and exclusively responsible for checking this site for updates.

(f) The Smithsonian is not bound by, and the Proposer shall not rely on, any oral communication or representation regarding the RFP documents, or any written communication except to the extent that it is contained in the RFP or in an amendment to the RFP and is not superseded by a later amendment to the RFP.

Confidential Information

Confidential Information consists of trade secrets, product concepts, customer information, marketing communication material, marketing strategies, and other commercial or financial information that if affirmatively used by a competitor of the disclosing party would cause the disclosing party substantial competitive harm or information the release of which would violate the privacy rights of a third party with no overriding public interest. Confidential Information shall not include any information which was publicly available at the time of disclosure; was known by the receiving party prior to such disclosure; becomes publicly available after disclosure through no fault of the receiving party; is received from a third party who acquired the information without committing a wrongful or tortious act; or is developed independently by the receiving party without reference to or use of Confidential Information.

If a Proposer believes that any portion of its Proposal or any other information or materials that it would like to submit to the Smithsonian contains Confidential Information, the Proposer must:

(a) mark each document containing such information or materials “CONFIDENTIAL” in the header of each affected page (or, for partially affected pages, within the page in such a manner that makes clear where such information begins and ends);

(b) submit an index of such information (a “Confidential Information Index”);

(c) to the extent practical and for ease of disclosure, prepare and compile its Proposal and any other information or materials it submits such that any information marked as

“CONFIDENTIAL” does not appear on the same page as non‐confidential information; and

(d) If desired, submitted in sealed envelopes as designated herein.

Blanket designations that do not identify the specific information the Proposer believes is Exempt

Material will not be acceptable.

If Confidential Information is disclosed other than in writing, the information deemed to be

Confidential Information shall be confirmed in writing as such within thirty days of such disclosure.

The parties may disclose Confidential Information to the extent that it is necessary to disclose such Confidential Information to its directors, officers, representatives, legal and financial consultants, and employees having a need to know such Confidential Information for the purpose of pursuing a business and contractual relationship between the parties. The parties shall use at least the same degree of care that each party uses to protect its own Confidential Information of similar importance, but no less than a reasonable degree of care.

Requests for Smithsonian information are processed in accordance with Smithsonian policy, including Smithsonian Directives 113 and 807, as relevant, and applicable law. Smithsonian

Directives 113 and 807 are available on the website of the Smithsonian’s Office of General

Counsel, are subject to revision within the discretion of the Smithsonian, and are available on request. In the event disclosure is requested in accordance with Smithsonian Directive 807, Smithsonian will provide the disclosing party the opportunity to identify confidential information prior to release, but final decisions regarding release shall be made by Smithsonian in accordance with its policy. No designation by a Proposer of information or materials as “CONFIDENTIAL” will be binding on the Smithsonian or determinative of any issue relating to the application of, or treatment of such information or materials by the Smithsonian.

The relevant Proposer (not the Smithsonian) will be responsible for the costs associated with defending the response of the Smithsonian to any request for disclosure of any information or materials claimed by such Proposer to be Exempt Material. In connection with this obligation, such Proposer must:

(a) at its own cost, use its best efforts to assist the Smithsonian (as applicable) in such defense;

(b) at the option of the Smithsonian, defend the Smithsonian (as applicable) from and against all claims, losses and damages relating thereto; and

(c) indemnify the Smithsonian (as applicable) for any claims, costs and expenses incurred by them in such defense.

In no event will the Smithsonian, nor any of its agents, representatives, consultants, directors, officers or employees, be liable to a Proposer, a Major Participant or any other member of a

Proposer’s team for the disclosure of all or a portion of any information or materials submitted in connection with the RFP.

D - Packaging and Marking

E - Inspection and Acceptance

F - Deliveries or Performance

G - Contract Administration Data

H - Special Contract Requirements

52.202-S0010 Use of Smithsonian Name (Jun 2000)

It is recognized and acknowledged that Contractor shall have no right to use the name

"Smithsonian" or "Smithsonian Institution", or the name of any Smithsonian Museum or part thereof, including the Facilities, in connection with any of its own advertising, marketing or promotion. However, any marketing or promotional programs concerning the Smithsonian or the Project shall be submitted to the Smithsonian for review and approval prior to any implementation thereof. The Smithsonian may withhold any approval required hereunder as it wishes.

The Prime Contractor shall be responsible for compliance by any subcontractor or supplier or lower tier subcontractor or lower tier supplier with this clause. After award of the contract and upon request of the Contracting Officer, the Prime Contractor shall deliver a written statement acknowledging that this clause has been included in contracts with all subcontractors and suppliers.

52.215-S0009 Information, Services and Rights of the Smithsonian (Apr 1988)

(a) The S.I., through the C.O. and COTR, will provide administration of the contract as hereinafter described.

(b) The S.I. or its authorized representatives shall at all times have access to the Work whenever it is in preparation or progress. The Contractor shall provide safe facilities for such access.

(c) The S.I. or its authorized representatives shall not be responsible for or have control or charge of the construction means, methods, techniques, sequences, or procedures, or for safety precautions and program in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the

Contract Documents.

(d) The COTR shall have authority to reject Work when in his opinion, the Work does not conform to the Contract Documents.

(e) Whenever in the COTR's reasonable opinion it is considered necessary or advisable for the implementation of the intent of the Contract Documents, the COTR will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed.

(f) The COTR shall have the authority and discretion to call, schedule, and conduct job meetings to be attended by the Contractor, representatives of his Subcontractors, and the

Architect to discuss such matters as procedures, progress, problems, payments and scheduling.

(g) The COTR will establish procedures to be followed for processing all Shop Drawings, catalogs, and other project reports and other documentation, test reports, and maintenance manuals.

(h) The COTR will review all requests for changes and shall implement the processing of

Change Orders, including applications for extension of the Contract Time.

(1) The COTR will review and process all Progress Payments including the Final

Payment.

(2) The Smithsonian Institution or its authorized representatives shall not be responsible or liable to the Contractor for the acts, errors or omissions of the Contractor, any separate

Subcontractor, any separate contractor or any contractor's or subcontractor's agents or employees, or any other persons performing any of the Work.

(k) Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, ten copies of full size Drawings and Specifications reasonably necessary for the execution of the Work.

(l) The foregoing rights are in addition to other rights of the S.I. enumerated herein and those provided by law.

I - Contract Clauses

52.202-1 Definitions. (NOV 2013)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

52.203-7 Anti-Kickback Procedures. (MAY 2014)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights. (APR 2014)

52.211-5 Material Requirements. (AUG 2000)

52.216-24 Limitation of Government Liability. (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding [ ]dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is [ ]dollars.

(End of clause)

52.216-25 Contract Definitization. (OCT 2010)

(a) A purchase and sale agreement is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by applicable law on the date of execution of the agreement; (2) the provisions of this Request for Proposal; and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a firm, fixed price proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with FAR 15.408, Table 15-2, supporting its proposal.

(b) The schedule for definitizing this contract is as follows:

i) a Notice to Proceed and Letter Agreement shall be issued by the Smithsonian on or about March 2, 2019 under the terms of this Request for Proposals;

ii) The date Notice to Proceed is issued shall initiate the Smithsonian’s Due

Diligence Period, which shall include but not be limited to surveys, test fits and other preliminary evaluations;

iii) The Due Diligence Period shall terminate six (6) months from Notice to

Proceed;

iv) The successful offeror’s Proposed Plans must be submitted to the

Smithsonian for review not later than the end of the Due Diligence Period;

v) Upon the Smithsonian’s approval of the Proposed Plans, the parties shall execute a Purchase and Sale Agreement;

vi) Five Days after execution of the Purchase and Sale Agreement, the

Smithsonian shall make payment of the Deposit and the Offeror shall commence Work under the terms of the Agreement;

vii) the Smithsonian shall take, at a minimum, Beneficial Occupancy of the new

Headquarters Building no later than May 2, 2021; and

viii) Substantial Completion and Closing shall take place no more than three months thereafter, unless otherwise agreed by the Parties.

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) above, or within any extension of it granted by the

Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with subpart 15.4 and part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause.

In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by-

(i) All clauses required by applicable law on the date of execution of the contemplated Agreement, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer's determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with subparagraph (c)(1) above, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.

(End of clause)

52.222-50 Combating Trafficking in Persons. (MAR 2015)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (AUG

2011)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.232-1 Payments. (APR 1984)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.233-3 Protest After Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.242-1 Notice of Intent to Disallow Costs. (APR 1984)

52.243-1 Changes - Fixed-Price. (AUG 1987)

52.244-6 Subcontracts for Commercial Items. (NOV 2017)

52.233-S0006 Disputes

(a) Smithsonian Institution is Not Subject to the Contract Disputes Act. The Contract Disputes

Act of 1978 (41 U.S.C. 601-613) is not applicable to the Smithsonian Institution. All disputes arising under or relating to this contract shall be resolved under this clause.

(b) Claims: "Claims", as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant.

However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim until certified as required by subparagraph (c)(ii) below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. If the submission is disputed, either as to liability or amount, or if it is not acted upon in a reasonable time, it may be converted to a claim by complying with the submission and certification requirements of this clause.

(c) Claims Procedure

(1) Submitting Claims: A claim by the Contractor shall be made in writing and submitted to the

Contracting Officer for a written decision. A claim by the Smithsonian Institution against the

Contractor shall be subject to a written decision by the Contracting Officer.

(2) Certification of Claims: For Contractor claims exceeding $50,000, the Contractor shall submit with the claim a certification that:

(i) The claim is made in good faith;

(ii) Supporting data are accurate and complete to the best of the Contractor's knowledge and belief; and

(iii) The amount requested accurately reflects the contract adjustment for which the Contractor believes the Smithsonian Institution is liable.

(3) Who Shall Certify: If the Contractor is an individual, the certification shall be executed by that individual. If the Contractor is not an individual, the certification shall be executed by:

(i) A senior company official in charge at the Contractor's plant or location involved; or

(ii) An officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs.

(d) Time Limits for Claims Decisions: For Contractor claims of $50,000 or less, the Contracting

Officer must, if requested in writing by the Contractor, render a decision within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(e) Final Decision. The decision of the Contracting Officer constitutes the final and conclusive decision of the Smithsonian Institution. It is effective on the date the Contractor receives the decision. The Contractor retains all rights to subsequent judicial review to which it is entitled under federal law. The Contractor shall comply with any decision of the Contracting Officer and otherwise proceed diligently with performance of this contract pending final resolution of any request for relief, claim, or action arising under the contract.

(f) Interest on Claims: The Smithsonian Institution shall pay interest on the amount found due and unpaid from:

(1) the date the Contracting Officer receives the claim (properly certified if required), or

(2) the date payment otherwise would be due, if that date is later, until the date of payment.

Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Secretary of the Treasury during the pendency of the claim.

J - List of Documents, Exhibits and Other Attachments

List of Documents, Exhibits, and Other Attachments

Attachment

Number Title Date

1 SI Codes, Standards and Requirements

Feb. 24, 2 SI Access Control Handbook

Sept. 7, 3 SI Cabling Standards

July 14, 4 Sample Purchase & Sale Agreement

5 Cost Form 2018

K - Representations, Certifications, and Other Statements of Bidders

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and Certifications. (OCT 2015)

L - Instructions, Conditions, and Notices to Bidders

52.233-2 Service of Protest. (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government

Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Thomas Dempsey, Director of Contracting

Smithsonian Office of Contracting & Personal Property Management

2011 Crystal Drive, Suite 350

Arlington, VA 21020

With an email to DempseyT@si.edu

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that mailto:DempseyT@si.edu must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

L.1. Intro

The Offeror’s proposal in response to this Request for Proposal shall be prepared in strict accordance with the instructions in Section L. Failure to furnish complete information requested in the RFP may cause respondent to be judged non-responsive and immediately removed from further consideration.

L.2. Proposal Due Date

Proposals are due no later than 2:00 pm eastern time, October 15, 2018, via pdf. Offeror must submit an electronic copy of:

-Signed Signature page of RFP (1 page)

-Technical Proposal (Refer to L.10.)

-Cost Proposal (Refer to L.11.)

L.3 Preparation of Proposals.

L.3.1.1 Offeror shall specify any exceptions to the terms and conditions contained in the RFP;

citing the applicable section, clause, paragraph number, and page of the solicitation that they address.

L.3.1.2. Offeror shall specify and explain any assumptions used in preparing their proposals.

L.4. Inquiries regarding this RFP should be directed to: (via ErricksonE@si.edu)

Smithsonian Institution Office of Contracting Attn: Eve Errickson , 600 Maryland

Avenue SW, Washington, DC 20024. All questions pertaining to the RFP must be submitted in writing (e-mailed to erricksone@si.edu by October 1, 2018. The

Smithsonian will respond to questions submitted in writing by October 5, 2018.

L.5. Rejection of Proposals

L.5.1. The Smithsonian reserves the right to reject any and all proposals received as a result of this request. Noncompliance with the conditions of this RFP may result in disqualification of the

Offeror.

L.5.2. The Smithsonian reserves the right to reject any proposal received at the location after the time and date specified on the cover page of this solicitation.

L.5.3. The Smithsonian may reject an offer as non-responsive if it is materially unbalanced as to prices for the requirements. An offer is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

L.5.4. The Smithsonian reserves the right to cancel this solicitation in its entirety.

L.5.5. Facsimile submissions of proposals, modifications, or withdrawals will not be considered.

L.6. Late Submissions, Modifications, and Withdrawal of Proposal

L.6.1. Any proposal received at the office designated in the solicitation after the exact time specified for receipt shall not be considered.

L.6.2. Any modification of a proposal or quotation, except a modification as a result from the

Contracting Officer’s request for “best and final” offer is subject to the same conditions as set forth herein.

L.6.3. A modification resulting from the Contracting Officer’s request for “best and final” offer received after the time and date specified in the request shall not be considered unless received before award and the late receipt is due solely to mishandling by the Smithsonian after receipt at the Smithsonian Institution.

L.6.4. The only acceptable evidence to establish the time of receipt at the Smithsonian is time/date stamp of the electronic correspondence.

L.6.5. Notwithstanding paragraph L.6.3 above, a late modification of an otherwise successful proposal that makes its terms more favorable to the Smithsonian may be considered at any time it is received and may be accepted.

L.6.6. Proposals may be withdrawn by written notice or telegram (including mailgram) received at anytime before award.

L.7. Contract Award

L.7.1. The Smithsonian reserves the right to (a) reject any or all offers if such action is in the best interest of the Smithsonian Institution, (b) accept other than the lowest offer, and (c) waive informalities and minor irregularities in offers received.

L.7.2. The Smithsonian reserves the right to award a contract or contracts on the basis of initial offers received, without discussions or any other contact concerning the proposals received.

Therefore, each initial offer should contain the offeror's best terms from a price standpoint.

L.7.3. A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the

Smithsonian Institution may accept an offer, whether or not there are negotiations after its receipt, unless written notice of withdrawal is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by the Smithsonian Institution.

L.8. Preparation Costs

This request does not commit the Smithsonian to pay any preparation costs nor to make reimbursements for any of the cost associated with a response to this request.

L.9. Type of Contract

The Smithsonian anticipates awarding a firm fixed price contract as a result of the solicitation.

L.10. TECHNICAL PROPOSAL

The following specific material shall be included in the Technical Proposal.

1) Prospective Headquarters Background Statement. Offerors shall develop a narrative of information and ideas covering the following concerns relative to the conceptual plans for its proposed headquarters: A) Metrics; B) Site Characteristics; C) Proximity; D) Existing Tenants and E) Acquisition Plan.

A. Metrics. SMITHSONIAN will require a minimum of 260,000 SF of contiguous Class A office space, up to a maximum of 460,000. Please include a brief statement describing the maximum amount of contiguous space that you could offer for purchase to the Smithsonian and any leasing interests proposed to accompany the purchase agreement. Please provide us with concept drawings, sketches, master plans and any other materials that would help

SMITHSONIAN understand the quality and scope of the entire project, as existing or to be developed/redeveloped, as applicable.

B. Site Characteristics.

Please describe the original purpose and building date of the proposed building, with major renovations and any features that are relevant to your proposal.

Please provide the current capital maintenance plan and describe schedule of repairs associated with major systems including elevators, mechanical, electrical, plumbing, roofing, furnace and air conditioning.

Please state any restrictions, governance, or minimum requirements regarding such use (i.e.

PUD).

Please describe the configuration of monitoring capabilities on the Exterior, Common Areas, Building Lobby, Loading Dock, Guard Desk Locations;

Controlled entry system for base building; on-site amenities; elevator, fire egress stairwells and specific rooms;

Data and telephony must meet the Smithsonian’s standards for through put, etc. as set forth in the attachments;

Other pertinent information required describing exactly how you envision the Project will be accomplished and how any particular features assist Smithsonian staff to better coordinate internally and with its partners in other parts of the world.

C. Proximity. Please describe the context and location of the Property in relation to the

Smithsonian National Mall museums and Castle.

i. Please describe the availability of and proximity to the following site amenities.

ii. Parking amenities at typical ratio;

iii. Bicycle storage;

iv. Conferencing and meeting spaces which accommodate video and live stream connectivity;

v. Retail food service;

vi. Metrorail, MARC and VRE access;

vii. Fitness Center;

viii. Special event conference facilities.

D. Existing Tenants. If the building has existing tenants, please share the rent roll, with information including Tenant Name, Lease Expiration Date, Renewal Options (time only), and

Termination Options (time only). Please do not include rental rates in the Technical Proposal.

E. Acquisition Strategy.

Please define current ownership arrangement of the proposed building or buildings; if Owner is not an individual, please clearly identify the controlling entities.

Identify all lenders, lessors, ground leases and parties thereto as well as approval requirements for transfer of ownership for all parties in interest, with anticipated review times.

2) Coordination Plan. Offerors shall develop a narrative of information and ideas covering the construction of and move into its proposed headquarters in compliance with the goals of the RFP and the Smithsonian’s standards and guidelines identified in the Appendices 1, 2 and 3. The

SMITHSONIAN will require prior approval of all proposed improvements, including without limitation core layouts, exterior design, materials, building lobby…