33330225RF0010019 Final 1442.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

MRC 1200

PO Box 37012 Washington DC 20013-7012

OCON

Ivy Tucker 202-633-7297

104/01/2025

33330225RF0010019

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

This Request for Proposals (RFP) is for Smithsonian Institution's National Zoo VA

Conservation Biology Institute (SCBI) to complete the ReNew Veterinary Hospital project SF Project# 2070108, located at 1500 Remount Rd, Front Royal, VA 22630. The

Contractor receiving the award shall provide all supervision, labor, materials and equipment necessary to perform construction services to complete the work as described in this RFP below and the Contract Documents (as defined in Section B of this RFP), including, without limitation, the Drawings and Specifications for SF

Project No. 2070108 dated March 21, 2024, attached hereto as Appendix 1-3. All work shall be done in accordance with applicable codes and regulations.

This RFP consists of the following:

This Standard Form 1442, Sections A-M, p. 1-146

All Contract Documents (as defined in Section B below), including, without limitation, the Specifications and Drawings attached hereto as Appendix 1-3; All other documents and attachments listed in Section J of this RFP below.

PRE-BID TOUR OF THE SITE

The Pre-proposal meeting is scheduled for April 17, 2025, at 9AM. Offerors must confirm their participation in the site tour with the COTR Matt Burch, 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.)

10 730 calendar days and complete it within ________________ ________________ calendar days after receiving

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

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

3 151

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

33330225RF0010019

BurchM@si.edu. The starting point will be in the

Parking Lot behind the Auditorium off Slate Hill

Drive, Smithsonian Conservation Biology Institute

(SCBI) 1500 Remount Drive, Front Royal, VA 22630.

REQUEST FOR CLARIFICATIONS

It is desired that all questions/clarifications be sent in, sequentially numbered for example first questions 1,2,3, second set of questions

4,5,56, etc. in word format to Tuckeri@si.edu It is requested that all questions be sent in no later than April 29, 2025, at 3PM EST.

Proposals are to be submitted in pdf form (1 pdf for Technical, 1 pdf for Cost) emailed to

Tuckeri@si.edu

If any pricing information is on the Technical

Proposal, Offeror will be disqualified.

The Subcontracting Goals for this project

Davis Bacon Wage Determination VA2050168 shall apply.

The Proposal due date is May 28, 2025, at 3:00PM

Total period of Performance is 730 calendar days from date of Notice to Proceed.

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

Sponsored by GSA

FAR (48 CFR) 53.110

A – Standard Form SF 1442

B - Supplies or Services/Prices

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

K - Representations, Certifications, and Other Statements of Bidders

L - Instructions, Conditions, and Notices to Bidders

M - Evaluation Factors for Award

B - Supplies or Services/Prices

B.1. The Smithsonian Institution intends to award a firm fixed-price construction contract to the successful Offeror. The successful Offeror shall furnish all supervision, labor, materials and equipment needed to complete the Renew Veterinary Hospital project, at the Smithsonian Conservation Biology Institute (SCBI), located at 1500 Remount Rd., Front Royal, VA 22630.

B.2. The term “Contract Documents” shall be deemed to include all Contract Clauses, the terms and conditions of this RFP, and all drawings, specifications and basis of design documents referenced in Section J, including, without limitation, the drawings, specifications and basis of design documents identified in Section B.2.1. below. All work shall be performed in strict accordance with the Contract Documents 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 in advance by the Smithsonian Institution Contracting Officer.

B.2.1. Contract Documents includes, without limitation, the Drawings, Specifications and Basis of Design as referenced below:

1. NZP-VA: Renew Veterinary Hospital, SF Project No. 2070108

a. Drawings, dated December 6, 2024:

1) Sheets 1 through 206

b. Specifications, dated December 6, 2024:

1) Volume 1: pages 1 through 729

2) Volume 2: pages 1 through 810

c. Basis of Design, dated December 6, 2024

1) Pages 1 through 81

B.3. Pricing – Offerors shall identify all costs associated with NZP-VA: Renew Veterinary Hospital project, to include Base and Option 1, as set forth in the Contract Documents. Offerors are required to provide the Base and Option 1 Cost Proposal Submission Form (B.3.1).

B.3.1. Base Bid and Option 1 Cost Proposal Submission – Provide a comprehensive Base Bid and Option 1 Cost Proposal Submission that includes cost for all work, including but not limited to supervision, labor, materials, coordination, overhead, profit and bonds, associated with NZP-VA: Renew Veterinary Hospital, SF Project No. 2070108, to be performed entirely within the period of performance for the project, as set forth in Section C. Base and Option 1 Cost Proposal Submission shall be submitted in the format below (CSI division of work). Price the work as a single complete project.

B.3.2. Multi-year Fiscal Year (FY) Funding Increments – The total Contract for SF Project No. 2070108 shall be funded for three fiscal years [October 1, 2024 – September 30, 2025 (FY25), October 1, 2025 – September 30, 2026 (FY26), and October 1, 2026 – September 30, 2027 (FY27)]. The Smithsonian has identified and set aside $6,200,000.00 to fund performance of the awarded contract for the first fiscal year, FY 2025. 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 (see FAR Clause 52.232-18 Availability of Funds below). Without limiting the application of clause 52.232-18 Availability of Funds set forth below, no legal liability on the part of the Smithsonian Institution for any payment may arise for performance under this contract beyond $6,200,000.00 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 (B.3.2.) any termination cost if subsequent year funds are not appropriated.

Smithsonian Institution will not be liable for any costs in excess of the termination cost expressly set forth in the accepted proposal.

Because funding for this project will be spread over three fiscal years, FY25, FY26, and FY27, the cost proposal is required to reflect the division of costs appropriately. Accordingly, each offeror is required to complete and submit the form in this Section B.3.2 below, which will be considered as a part of that offeror’s Cost Proposal. The total of FY25, FY26, and FY27 increments that the offerors fill out on form B.3.2. should equal the sum of (i) the base contract cost proposal for the NZP-VA: Renew Veterinary Hospital project and (ii) Option 1 Cost Proposal for the NZP-VA: Renew Veterinary Hospital project the offeror completed on form B.3.1.

The estimated price for this construction project is over $10M

FY 2025 FUNDING INCREMENT: ($6.2M obligated at award, or when available)

General Conditions (8 months) $

Mobilization $

Sitework $

Demolition $

Temporary Field Office $

Building Utilities $

Submittals and Shop Drawings $

Existing Conditions & HAZMAT Removal $

Long Lead Item Purchases $

Structural concrete, substructure, foundations $

(including excavation and dewatering), steel framing

Masonry $

Rough Carpentry $

Mechanical, Electrical and Plumbing $

Mass Notification System and Communications $

Fire Protection $

Fire Alarm $

Integrated Automation $

SUBTOTAL: $

Termination Cost (Cancellation Charge) $

Other – Offerors shall clearly and completely describe items deleted/added to FY2025 Funding Phase $

(Attach pages as necessary)

Identify and include description of long-lead time items.

TOTAL FY2025: $

(Express in Words and Figures)

FY 2026 FUNDING INCREMENT: ($4.8M obligated by 11/01/25 or when available)

General Conditions (12 months) $

Mechanical, Electrical and Plumbing $

Mass Notification System and Communications $

Fire Protection $

Fire Alarm $

Integrated Automation $

Interior Systems (partitions, walls, doors, ceilings, etc.) $

Interior Finishes (flooring, paint, etc.) $

Specialties $

Equipment $

Testing and Commissioning $

As-Builts, O&M, Closeout, Demobilization, etc. $

Other – Offerors shall clearly and completely describe items deleted/added to FY2026 Funding Phase $

TOTAL FY2026: $

FY 2027 FUNDING INCREMENT: (Balance of funding obligated by 11/01/26 or when available)

General Conditions (4 months) $

Interior Finishes (flooring, paint, etc.) $

Specialties $

Equipment $

Testing and Commissioning $

As-Builts, O&M, Closeout, Demobilization, etc. $

Other – Offerors shall clearly and completely describe items deleted/added to FY2027 Funding Phase $

TOTAL FY2027: $

C – Description / Specifications

C.1. The Smithsonian Conservation Biology Institute (SCBI) is comprised of approximately 3,200 acres in Warren County, along U.S. Route 522 at 1500 Remount Road, Front Royal, VA 22630. SCBI plays a leading role in the Smithsonian’s global efforts to save wildlife species from extinction and train future generations of conservationists. SCBI serves as Smithsonian’s conservation headquarters, where scientists tackle some of today’s most complex conservation challenges by applying and sharing what they earn about animal behavior and reproduction, ecology, genetics, migration, and conservation sustainability.

Since its founding in 1975, SCBI has celebrated many milestones, from endangered species births to reintroductions to the wild, to revolutionary scientific studies. During the 1970s, SCBI welcomed the first of many mammal and bird births at its facility, including red pandas, clouded leopards, onagers, Guam rails, white-naped cranes and Micronesian kingfishers.

Throughout the succeeding decades SCBI scientists developed the basis for breeding animals in human care, discovered lethal animal viruses and fungi, advanced cryopreservation of eggs and sperm, and helped establish the first genome repository for Great Barrier Reef coral.

Many of these initiatives are supported by the approximately 13,900 square foot, Veterinary Hospital (Bldg. ID 701-0318) located just off Conservation Drive in the central campus area of SCBI. Specifically, the Veterinary Hospital supports the research and care for a variety of species of animals on all types of health levels. This can include preventive medicine, neonatal and geriatric care, quality of life monitoring, behavioral and diagnostic evaluation, treatment, breeding, pre-shipment testing for outgoing animals, and quarantine and care of incoming animals. Procedures conducted at or supported by the Veterinary Hospital involve vaccinations, field procedures, visual exams, immobilizations, and research procedures.

Constructed in 1985, much of the building’s utility infrastructure needs upgrading. The purpose of this project is a comprehensive renewal and rehabilitation of the Veterinary Hospital. The project goal is to provide a modern facility allowing for state-of-the-art veterinary care for the SCBI animals and provide staff with optimal working conditions, safety & comfort.

The Smithsonian Institution is seeking offers to complete the Renew Veterinary Hospital project at SCBI, as described herein and the Contract Documents, including, without limitation, in the Specifications, Drawings and Basis of Design for SF Project No.

2070108, dated December 6, 2024.

Offerors are required to demonstrate satisfaction of the minimum qualifications for this contract set forth in Section L below in order to be considered for this award. Submission instructions and requirements are also set forth in Section L. Evaluation factors for qualifying offerors are set forth in Section M below. Upon the receipt of Technical and Cost Proposals and the selection of a successful Offeror, the Smithsonian Institution will execute a Firm Fixed Price construction contract. The Smithsonian currently estimates that the fixed price for the entire project will be more than $10,000,000.

The Period of Performance for the contract is 730 calendar days from the Notice to Proceed. It shall be the responsibility of the offeror to immediately notify the Smithsonian Institution if the target dates and proposed packages of work described herein adversely affect the offeror’s Critical Path Schedule (also referred to throughout this RFP as the Progress 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, for review by Smithsonian in accordance with the terms of the contract.

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.

This solicitation neither commits the Smithsonian Institution to pay any proposal preparation costs nor obligates the Smithsonian 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.

The Smithsonian may cancel this RFP without prior notice.

C.2. SCOPE OF WORK

The Contractor shall furnish all supervision, labor, materials and equipment needed to complete Renew Veterinary Hospital at the Smithsonian Conservation Biology Institute (SCBI), located at 1500 Remount Rd., Front Royal, VA 22630., as set forth on the Drawings for SF Project No. 2070108 and in the Specifications and Basis of Design, all dated December 6, 2024.Scope of work involves mechanical, electrical, and plumbing (MEP) system upgrades, along with security and related building infrastructure improvements, stormwater management and yard renovations, added containment fencing, and pedestrian surface repairs. As part of this project, nearly all site and building infrastructure will be revitalized, which will restore operational functionality and support animal care needs. In addition, due to erosion caused by intense storm run-off, the structural foundation for the station must be replaced and raised up to prevent future deterioration. The containment fence, visitor barriers, and security systems will be replaced in response to Association of Zoos and Aquariums (AZA) inspections and recommendations, and to reduce the deferred maintenance backlog. Structural improvements will be made to address the safety of maintenance workers and support best practices in animal welfare and management of their habitats and housing.

Exterior improvements include site work, electrical utility improvements, a new dock leveler, canopy over the ambulance bay, and animal holding stalls with secondary containment.

Specifically, work under this project includes but is not limited to:

a) Demolition of the existing space including: walls, ceilings, piping, lighting, mechanical equipment, and flat roof assembly to structure.

b) Selective demolition of floor slabs for replacement of under slab piping and casework.

c) Cutting and patching of existing elements to accommodate the new work.

d) Construction and renovation of walls, ceilings, finishes, piping, lighting, casework, mechanical and specialty equipment.

e) Installation of a new exhaust duct and fan, associated mechanical, plumbing and electrical work.

f) Establishment of a temporary surgical suite and swing space.

g) Exterior improvements include site work, electrical utility improvements, a new dock leveler, canopy over the ambulance bay, and animal holding stalls with secondary containment.

The area will be closed to visitors, but some animals will remain in areas adjacent to the construction and staff will need access near the construction zone to continue to care for the on-site animals in the temporary surgical suite and swing space.

Critical Elements of the Work:

The successful Contractor shall be fully qualified to install critical elements of the Work, as listed below:

a) Working with an occupied campus and facility with Staff and Animals

b) Coordination of Specialty Trades within a small site footprint

c) Coordination and installation of specialty animal doors, shifting systems and manually operated remote door controls.

d) Coordination and installation of multiple subsurface utility systems in a congested area, including removal and replacement of drainage / sanitary and water conveying systems

e) Coordination and installation of animal containment

f) Renovation of surgical suite, radiology, treatment room, and animal holding facilities.

g) Replacement of medical gas and vacuum systems

h) Abatement of hazardous materials

i) As-built documentation and BIM modeling

See other Construction Documents for further details regarding this scope of work.

D - Packaging and Marking

See Section L for submission instructions.

E - Inspection and Acceptance

52.246-12 Inspection of Construction. (AUG 1996)

(a) Definition. Work includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

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 (January 2023)

(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 (January 2023)

(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

G - Contract Administration Data

52.202-S0059 Contract Management (January 2023)

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 (January 2023)

All contract administration will be affected 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 affected 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) Matt Burch, or his authorized representative shall act for and on behalf of the Contracting Officer in the administration of any resultant contract with respect to:

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

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

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

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

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

52.202-S0062 Authorities (January 2023)

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 (January 2023)

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.

mailto:MullerM@si.edu 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

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.

52.203-S0004 Advertising of Award Smithsonian Institution (January 2023)

The Contractor shall not refer to the Smithsonian or to any of its museums, organizations, or facilities in any manner or through any medium, whether written, oral or visual, for any purpose whatsoever, including advertising, marketing, and promotion.

52.215-S0008 Contracting Officer's Technical Representative (Apr 1988)

Contracting Officer's Technical Representative (herein referred to as the COTR) will be the Contracting Officer's (CO) exclusive representative to the Contractor with respect to the Project during construction and until Final Payment and Release of Claims. The term COTR is referred to throughout the Contract Documents as if singular in number and masculine in gender. The Smithsonian Institution's communications with the Contractor shall be exclusively through the COTR, who will have full authority to act on behalf of the C.O. with regard to all aspects of the Project except that the C.O. must approve all Modifications and payments to the Contractor and is the final authority for all disputes under any Clause of this Contract. All of the Contractor's communications to the S.I. shall be exclusively through the COTR.

All of the COTR's actions with regard to this Project will be as the representative of the C.O.

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.

52.223-S0070 Dissemination of Information (January 2023)

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

52.236-S0030 Availability and Use of Utility Services (Jun 2000)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. These services shall be furnished without charge to the Contractor. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, and associated paraphernalia.

52.236-S0031 Use of Site (Jun 2000)

The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, easements, right-of-way agreements and the Contract Documents. The Contractor shall not unreasonably encumber the site, in the opinion of the COTR, with any materials, equipment or trailers nor shall he block the entrances or otherwise prevent reasonable access to the site, other working and parking areas, completed portions of the Work and/or other properties, storage areas, loading dock and other areas of the work site or areas that are adjacent to the work site. If the Contractor fails or refuses to move said materials, equipment or trailers within 24 hours of notification by the COTR to so do, the COTR shall have the right, without further notice, to remove, at the Contractor's expense, any material, equipment and/or trailers which the COTR deems are in violation of this Construction Contract Clause entitled "Use of Site".

52.242-S0020 Historic & Archeological Rights (Jun 2000)

(a) If during the excavation of the site items of historic and archeological significance are found, the contractor shall stop work and notify the COTR immediately. Subsequent excavation work shall proceed as directed by the COTR.

(b) All items considered by the Smithsonian Institution to have historic or archaeological significance are the property of the Smithsonian Institution.

I - Contract Clauses

52.203-3 Gratuities. (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative-

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) above, the Government is entitled-

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

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

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) Bona fide agency, as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain…