F16SOL10044_-_NZP_Police_Station_etc.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

SMITHSONIAN INSTITUTION

P.O. BOX 37012

MRC 1200

Washington DC 20013-7012

OCON

Thomas Dempsey 202-633-7259

1x 06/10/2016

F16SOL10044

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

Smithsonian National Zoological Park - Renew Police Station & Replace Public

Restrooms, Pavilion and Utilities as detailed in the Attached documents and specifications and drawings dated June 3, 2016.

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.)

913 10 calendar days and complete it within ________________ ________________ calendar days after receiving

07/11/2016

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

OCON

P.O. BOX 37012

MRC 1200

Washington DC 20013-7012

OCON

Dorothy A. Leffler

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 87

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

F16SOL10044

SEE SECTIONS A-M

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

Sponsored by GSA

FAR (48 CFR) 53.11033 of 87

SMITHSONIAN INSTITUTION

NATIONAL ZOOLOGICAL PARK

Renew Police Station & Replace Public

Restrooms, Pavilion and Utilities Smithsonian Solicitation Number F16SOL10044

Issue Date: June 10, 2016

Due Date: July 11, 2016

3:00 pm EST

Smithsonian Institution

Office of Contracting

2011 Crystal Drive, Ste 350

Arlington, VA 22202

Additional information may only be obtained by contacting:

Thomas E. Dempsey, (202) 633-7279 (T), (202) 633-7308 (F), email: dempseyt@si.edu

Section A - Solicitation/Contract Form

SEE PAGE 1 AND 2 OF SF-1442

Section B - Supplies or Services/Prices

PART I - THE SCHEDULE

SECTION B - SUPPLIES/SERVICES AND PRICES/COSTS

B.1 Type of Contract/Service

The Smithsonian Institution is seeking offers for the renewal of the Police Station and replacement of the public restrooms, pavilion and site utilities including an electrical substation (hereafter called Police Station

& Pavilion) near the lower zoo entrance of the National Zoological Park located in Rock Creek, Washington, DCNational Zoological Park Police Station/PavilionThe Smithsonian Institution has a requirement for a General Contractor with mechanical, electrical, structural, security and civil site capabilities in a campus setting for the purposes of constructing the project as detailed herein, and intends to award one firm-fixed priced contract.

The Offeror (henceforth referred to as (“Contractor”) shall furnish all supervision, labor, materials, and equipment necessary to provide for the complete construction and renewal and replacement of the Police

Station and Pavilion National Zoological Park Police Station/Pavilion ---as set out in this Request for

Proposal (“RFP”) and any attachments and amendments hereto, including the Drawings and Specifications dated June 3, 2016, attached in electronic format.

B.2 Prices/Costs

The successful Offeror shall provide all labor, material, equipment and supervision to perform the services required by the contract awarded from this solicitation for the National Zoological Park Police

Station/Pavilion Project, as referenced above, as described herein and in the Construction Documents and

Specifications dated June 3, 2016.

B.3 Availability of Funding

The Smithsonian Institution intends to award a firm fixed-price multi-year contract to the successful

Offeror. Funds are not presently available for performance under this contract beyond an estimated

$8,500,000. 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. This contract may be terminated and no legal liability will accrue against the Smithsonian Institution for any payment(s) that may arise under this contract in excess of $8,500,000, unless and until appropriated funds are made available to the Contracting Officer for continued performance of this contract and the Contractor receives written notice of availability of funds, from the Contracting Officer. The Contractor shall not be obligated to continue performance beyond the funds allocated under this contract. Offerors are reminded that they must include in their proposal a termination cost in the event that subsequent year funds are not appropriated. Smithsonian will not be liable for any costs in excess of the termination cost (cancellation charge).

B.3.1. PRICING

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

FY2016 FUNDING INCREMENT: ($8.5M available this FY 2016, rolls over into FY2017)

General Conditions Phase 1 Restroom/Events Pavilion & Electrical Sub-station) $__________________

Demolition $_______________

Building & site utilities $___________________

Submittals and shop drawings $___________________

Structural concrete, substructure, Site work, concrete (except finish systems), structural modifications, foundations (including excavations and dewatering), steel framing $___________________

Exterior Envelope Wall and Roof Assemblies $ ___________________

Interior Partitions, Rough Carpentry, Doors and Windows, Long-lead purchases, etc

Mechanical, Electrical and Plumbing rough-in $______________

MEP $___________________

Fire Protection $_______________

Security $ _________________

SUBTOTAL $___________________

Other – Offerors shall clearly and completely describe items deleted/added to FY2016 Funding Phase $___________________

(Attach pages as necessary)

FY2017 FUNDING INCREMENT: (Balance of funding, to be obligated by 3/1/18 or sooner in FY2017

General Conditions Phase 2 Renew Police Station (15 months) $___________________

Demolition $_______________

Building site utilities $___________________

Submittals and shop drawings $___________________

Structural concrete, substructure, Site work, concrete (except finish systems), structural modifications, foundations (including excavations), steel framing $___________________

Exterior Envelope Wall and Roof Assemblies $ ___________________

Interior Partitions, Rough Carpentry, Doors and Windows, Long-lead purchases, etc

Mechanical, Electrical and Plumbing rough-in $______________

MEP $___________________

Fire Protection $_______________

Security $ _________________

SUBTOTAL $___________________

Other – Offerors shall clearly and completely describe items deleted/added

To FY207 Funding Phase $___________________

(Attach pages as necessary)

TOTAL-FY2017__________________________________________$___________________

(Express in Words and Figure

B.4. Total Price ______________________________________________ $___________________

Express in words and figures

B.5. Offerror shall, provide pricing as detailed below in the COST PROPOSAL section L.37 and in the attached Bid Schedule.

B.6 Project Schedule

It shall be the responsibility of the Contractor to immediately notify the Smithsonian Institution if the target dates and proposed packages of work described herein adversely affect the Contractor’s Critical Path

Schedule for the final completion date of this project (913 calendar days, two consecutive phases of 15 months each) for the Base Bid, and all funding options, as well as bid alternates, if any, from the Notice to

Proceed).

B.8 Disposition of Offers

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

Section C - Description/Specifications

C.1 Introduction

C.1.1 NATIONAL ZOOLOGICAL PARK POLICE STATION/PAVILION at National Zoological Park in

Washington, DC., The Smithsonian Institution is seeking offers for the expansion of the National Zoological Park Police

Station/Pavilion as described herein and in the Construction Documents and Specifications dated June 3, 2016.. This project will, in phase one, demolish the existing picnic pavilion, permanently relocate the public restrooms to a new two-level pavilion on the site of the existing picnic pavilion adjacent to Mane

Café and provide a new electrical sub-station between the Police Station and Amazonia Building. The upper level will be a new events/public programs space and the restrooms will be located on the lower level. / Phase two will follow the opening of the new public restrooms with the demolition of the existing public restrooms currently located on the upper floor of the Police Station, and the complete renovation of the Police Station, to include a new stair/elevator tower and Segway storage addition. Both phases are pursuing LEED Gold certification.

The Work includes, but is not limited to, all work specified in the drawings and in Divisions One through thirty three of the specifications attached hereto: Work under this project includes:

Mechanical, electrical and plumbing, equipment rooms; offices & conference rooms; restrooms & locker rooms; Various support and storage spaces; Stairs; Elevators; Circulation. This project has been designed to achieve LEED Gold certification and enhanced commissioning. It will be incumbent upon the successful contractor to comply with all requirements of construction to achieve LEED Gold certification and incorporate a commissioning plan for this project.

All of the requirements which the successful Contractor must meet concerning this project are set forth in detail in the solicitation documents included with this RFP. Upon the receipt and evaluation of Technical

Proposals, Cost Proposals, and Subcontracting Plans---and the subsequent selection of a successful

Contractor---the Smithsonian will execute a fixed price contract.

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

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

The Smithsonian may cancel this RFP without prior notice.

C.2 The successful contractor shall provide all labor, material, equipment and supervision to complete the National Zoological Park Police Station/Pavilion located in Washinton, DC.

C.3. All work shall be performed in accordance with the drawing and specifications, dated June 3, 2016, provided with this solicitation and as may be changed by amendment issued by the

Contracting Officer.

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

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

C.6 General

C.6.1 The Work in the present RFP shall be structured as detailed herein.

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

Contractors should make arrangements to visit the site to familiarize themselves with the conditions as specified in the Drawings and Specifications. Although not mandatory, Contractors are encouraged to inspect the site, prior to submitting a proposal, as information concerning the site may be useful in preparing offers. Failure to visit the site will not constitute a basis for a claim for change in or differing site conditions, when visiting the site would have provided the Contractor an opportunity to compare the physical site against the Drawings and Specifications.

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

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

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

C.7 Correlation and Intent

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

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

Section D - Packaging and Marking

SI-0088 Packaging and Marking

D. Reserved

Section E - Inspection and Acceptance

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

E.2 52.246-S0038 Smithsonian Institution Inspection and Acceptance (Jun 2000)

Inspection and acceptance may be made on a daily basis on work performed at the job site, by the

Contracting Officers Technical Representative. All work shall be coordinated through the COTR for acceptance of work, payrolls and invoice(s).

E.3 52.246-S0039 Final Inspection and Tests (Jun 2000)

The requirements of the Inspection of Construction clause prescribed in FAR 52.246-12, are supplemented to provide that the Contractor shall give the Contracting Officer at least 10 calendar days advance written notice of the date the work will be fully completed and ready for final inspection and tests. Final inspection and tests will be started within 10 calendar days from the date specified in the aforesaid notice unless the

Contracting Officer determines that the work is not ready for final inspection and so informs the

Contractor.

E.4 52.246-S0057 Inspection

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

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

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

E.5 52.246-S0058 Acceptance

(a) The supplies and services rendered under this contract will be accepted and approved by the Contracting

Officer or a designated representative thereto. Such approval will indicate acceptability to the Smithsonian

Institution of performance in accordance with the terms and conditions of this contract, and will be subject to applicable warranties. The Smithsonian Institution reserves the right to reject works not conforming to prescribed contract requirements.

(b) Neither the Smithsonian Institution's reviews, approval, or acceptance of services and/or supplies, nor payment for any of the services or supplies required under this contract shall be construed to operate as a waiver of action arising out of the performance of this contract. Furthermore, the Contractor shall be and remain liable to the Smithsonian Institution in accordance with applicable law for all damages to the

Smithsonian Institution caused by the Contractor's negligent performance of any of the supplies or services furnished under this contract.

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

Section F - Deliveries or Performance

F.1 52.211-S0025 Commencement, Prosecution, and Completion of Work (Jun 2000)

(a) Definitions.

(1) The Contract Time is the period of time allotted in the Contract Documents for Final Completion of the work as defined in this Construction Contract Clause, including authorized extensions thereto. The

Contractor shall complete his Work within the Contract Time of 913 calendar days, two consecutive phases of 15 months each.

(2) The date of commencement of the Work is the date established in the Notice To Proceed issued by the

C.O. Submission by the Contractor of its Performance and Payment Bonds, Preliminary Schedule and all

Certificates of Insurance and their approval by the S.I. are conditions precedent to the issuance of the

Notice to Proceed. The Contractor shall not commence the Work or store materials or equipment on site until written Notice to Proceed is issued or until the Contractor otherwise receives the written consent of the C.O.

(3) The date of Substantial Completion of the Work or designated portion thereof is the date certified by the

COTR when the Work or a designated portion thereof is sufficiently complete, in accordance with the

Contract Documents, so the S.I. can fully occupy the Work or designated portion thereof for the use for which it is intended, with all of the Project's parts and systems operable as required by the Contract

Documents. Only punch list work and any final cleaning beyond that needed for the S.I.'s full use may remain for Final Completion.

(4) The date of Final Completion of the Work is the date certified by the COTR when the Work is totally complete, to include punch list work and final clean up, in accordance with the Contract Documents and the

S.I. may fully occupy and fully utilize the Work for the use for which it is intended.

(5) If a date or time of completion is included in the Contract, it shall be the Date of Final Completion as defined in this Construction Contract Clause, including authorized extensions thereto, unless otherwise provided.

(6) The term Day as used in the Contract Documents shall mean calendar day unless otherwise specifically designated. All dates shall mean midnight of the indicated day unless otherwise stipulated.

(b) Progress and Completion.

(1) All time limits stated in the Contract Documents are of the essence of the Contract.

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

(c) Delays and Extensions of Time.

(1) The time during which the Contractor is delayed in the performance of the Work, by the acts or omissions of the S.I., the Architect, or their employees or agents, acts of God, unusually severe and abnormal climatic conditions, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion or freight embargoes, or other conditions beyond the Contractor's control and which the

Contractor could not reasonably have foreseen and provided against, shall be added to the Contract Time;

provided, however, that no claim by the Contractor for an extension of time for delays will be considered unless made in compliance with the requirements of this Article and other provisions of the Contract

Documents.

(2) Neither the S.I., nor the Architect shall be obligated or liable to the Contractor for, and the Contractor hereby expressly waives any claims against the S.I. and the Architect on account of any indirect or direct damages, costs or expenses of any nature which the Contractor, Subcontractors, of Suppliers or any other person may incur as a result of any delays, interference, changes in sequence or the like, which are reasonable, foreseeable, contemplated, or avoidable by the Contractor, arising from or out of any act or omission of the S.I. of the Architect, or their agents, employees, consultants, separate contractors or any governmental representative, it being understood and agreed that the Contractor's sole and exclusive remedy in any such events shall be an extension of the Contract Time, but only as determined in accordance with the provisions of the Contract Documents.

(3) In the event the Contractor requests an extension of the Contract Time, he shall furnish such justification and supporting evidence as the C.O. may deem necessary for a determination of whether the

Contractor is entitled to an extension of time under the provisions of the Contract. The burden of proof to substantiate a claim for an extension of the Contract Time shall rest with the Contractor, including evidence that the cause was beyond his control. The C.O. shall base his findings of fact and decision on such justification and supporting evidence and shall advise the Contractor in writing thereof. If the C.O. finds that the Contractor is entitled to any extension of the Contract Time, the C.O.'s determination of the total number of days' extension shall be based upon the currently approved Progress Schedule and on all data relevant to the extension. Such data will be incorporated into the Progress Schedule in the form of a revision thereto, accomplished in a timely manner. The Contractor acknowledges and agrees that actual delays (due to said changes, suspensions of work or excusable delays) in activities which, according to the

Progress Schedule, do not affect the Contract Time, do not have any effect upon the Contract Time and therefore will not be the basis for a change therein. The Contractor acknowledges and agrees that time extensions will be granted only to the extent that excusable delays exceed the available float in the

Contractor's Progress Schedule.

(4) Subject to other provisions of the Contract, the Contractor may be entitled to an extension of the

Contract Time (but no increase in the Contract Price) for delays arising from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, his Subcontractors or Suppliers as follows:

(i) Labor disputes and strikes (including strikes affecting transportation), that do, in fact, directly and critically affect the progress of the Work; however, an extension of Contract time on account of an individual labor strike shall not exceed the number of days of said strike;

(ii) Acts of God, tornado, fire, hurricane, blizzard, earthquake, typhoon, or flood that damage completed work or stored materials.

(iii) Abnormal inclement weather; however, the Contract Time will not be extended due to normal inclement weather. The time for performance of this Contract, as stated in the Contract Documents, includes an allowance for calendar days, which may not be available for construction out-of-doors; for the purposes of the Contract, the Contractor agrees that said number of calendar days per month are to be considered as normal inclement weather. Unless the Contractor can substantiate to the satisfaction of the

S.I. that there was greater than normal inclement weather considering the full term of the Contract Time using a ten year average of accumulated record mean values from climatological data compiled by the U.S.

Department of Commerce, National Oceanic and Atmospheric Administration for the locale of the Project and that such alleged greater than normal inclement weather actually delayed the Work or portions thereof which had an effect upon the Contract Time, the Contractor shall not be entitled to an extension of time. If the total accumulated number of calendar days lost due to inclement weather, from the start of Work until

Final Completion, exceeds the total accumulated number to be expected for the same period from the aforesaid climatological data, time for completion will be extended by the number of calendar days needed to include the excess number of calendar days lost.

(iv) Acts of the public enemy, acts of the state, Federal or local government in its sovereign capacity, and acts of a separate contractor in the performance of its contract with the S.I. relating to the Project.

(5) The Contractor shall not be entitled to and hereby expressly waives any extension of time resulting from any conditions or cause unless said claim for extensions of time is made in writing to the C.O. within seven

(7) days of the first instance of delay. Circumstances and activities leading to such claim shall be indicated or referenced in a daily field inspection report for the day(s) affected; otherwise, all such claims are waived by the Contractor. In every such written claim, the Contractor shall provide the following information:

(i) Nature of the delay;

(ii) Date (or anticipated date) of commencement of delay;

(iii) Activities on the Progress Schedule affected by the delay, and/or new activities created by the delay and their relationship with existing activities;

(iv) Identification of person(s) or organizations(s) or event(s) responsible for the delay;

(v) Anticipated extent of the delay;

(vi) Recommended action to avoid or minimize the delay.

(d) Responsibility for Completion.

(1) The Contractor shall furnish such manpower, materials, facilities and equipment and shall work such hours, including night shifts, overtime operations and Sundays and holidays, as may be necessary to insure the progress and completion of the Work in accordance with the approved and currently updated Progress

Schedule. If Work actually in place falls behind the currently updated and approved Progress Schedule and it becomes apparent from the current Progress Schedule that the Work will not be completed within the

Contract Time, the Contractor agrees that he will, as necessary, take some or all of the following actions at no additional cost to the S.I., as required to eliminate substantially the backlog of the Work:

(i) Increase manpower in quantities and crafts necessary

(ii) Increase the number of work hours per shift, shifts per working day, working days per week, the amount of equipment, or any combination of the foregoing; and/or

(iii) Re-schedule activities to achieve maximum practical concurrence.

(2) The COTR may require the Contractor to submit a Recovery Schedule in accordance with the

Supplementary Construction Contract Clause, demonstrating his program and proposed plan to make up the lag in scheduled progress and to ensure completion of the Work within the Contract Time. If the COTR finds the proposed plan not acceptable, he may require the Contractor to submit a new plan. If the actions taken by the Contractor or the second plan proposed are not satisfactory, the COTR may require the contractor to take any of the actions set forth in this Construction Contract Clause without additional costs to the S.I., to make up the lag in scheduled progress.

(3) Failure of the Contractor to comply substantially with the requirements of this Construction Contract

Clause may be considered grounds for a determination by the S.I., pursuant to the Construction Contract

Clause entitled "Default", that the Contractor is failing to prosecute the Work with the sufficient diligence to ensure its completion with the Contract Time.

F.2 Period of Performance

All work under an awarded contract, to include correction of deficiencies submission of as built drawings

(if required) and contract close out, shall be completed in 913 calendar days, two consecutive phases of 15 months each from NTP.

F.3 52.228-S0081 Period of Performance-Bonds & Insurance-Construction

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

F.4 52.236-S0036 Smithsonian Institution's Right to Stop or to Suspend the Work (Jun 2000)

(a) If the Contractor fails to correct defective Work as required by the Construction Contract Clause entitled "Correction of Work", or fails to carry out the Work or supply labor and materials in accordance with the Contract Documents, the C.O. by a written order may order the Contractor to stop the Work, or any portion thereof, without monetary compensation to the Contractor until the cause for such order has been eliminated.

(b) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the Work for such period of time as he may determine to be appropriate for the convenience of the

S.I.

(c) If the performance of all or any part of the Work is, for an unreasonable period of time, suspended, delayed, or interrupted by the S.I. or its authorized representatives in the administration of this Contract, or by failure of any one of them to act within the time specified in this Contract (or if no time is specified, within a reasonable time), an adjustment shall be made for an increase in the actual time required for performance of the Work by the Contractor, due solely to such unreasonable suspension, delay, or interruption and the Contract modified in writing accordingly. However, no claim for an extension of time shall be made under this Construction Contract Clause for any suspension, delay, or interruption pursuant to this Construction Contract Clause, or for which claim is provided or excluded under any other provision of this Contract. No claim under this Construction Contract Clause shall be allowed for any claim for an extension of time required for performance, unless within twenty (20) days after the act or failure to act involved, the Contractor submits to the COTR a written statement setting forth, as then practicable, the extent of such claimed time extension and unless the claim for an extension of time is asserted in writing as soon as practicable after the termination of such suspension, delay, or interruption. No claim shall be made for direct or indirect costs incurred by Contractor as a result of the events described in this Construction

Contract Clause, a time extension being the Contractor's sole remedy.

(d) A claim under this clause shall not be allowed (1) for any costs incurred more than twenty (20) days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(e) In the event of a suspension of work or delay or interruption of work, the Contractor will and will cause his subcontractors to protect carefully his, and their materials and work against damage or injury from the weather and maintain completed and uncompleted portions of the work as required by the Contract

Documents. If, in the opinion of the COTR, any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors to so protect same, such work and materials shall be removed and replaced at the expense of the Contractor.

(f) No claim by the Contractor for an equitable adjustment under the Construction Contract Clause entitled

"Equitable Adjustments", shall be allowed if asserted after Final Payment under this Contract.

F.5 52.246-S0041 Additional Warranties and Guarantees (Jun 2000)

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

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

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

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

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

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

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

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

(b) All work not conforming to guarantees and warranties specified in the Contract Documents, including substitutions not properly approved and authorized, may be considered defective. If required by the COTR, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

This warranty is not limited by the provisions of the Construction Contract Clauses entitled "Uncovering of

Work" and "Correction of Work".

(c) The warranties set forth in this Construction Contract Clause entitled "Additional Warranties and

Guarantees" and elsewhere in the Contract Documents shall survive Final Completion of the Work under the Construction Contract Clause entitled "Payments and Completion".

(d) If, within one year after the Date of Final Completion of the Work or designated portion thereof or within one year after acceptance by the S.I. of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract

Documents, any of the Work is found to be defective, not in accordance with the Contract Documents, or not in accordance with the guarantees and warranties specified in the Contract Documents, the Contractor shall correct it within five (5) working days, or such other period as mutually agreed, after receipt of a written notice from the COTR to do so.

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

(f) If the Contractor fails to correct defective or nonconforming Work as required by the Construction

Contract Clause entitled "Correction of Work", or if the Contractor fails to remove defective or nonconforming Work from the site, as required by the Construction Contract Clause entitled "Uncovering of Work", the S.I. may elect to either correct such work in accordance with the Construction Contract

Clause entitled "Smithsonian Institution's Right to Carry Out The Work", or remove and store materials and equipment at the expense of the Contractor.

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

F.6 52.247-S0083 Delivery Point

All deliverables required under this contract shall be delivered to:

National Zoological Park in Washington, DC F.O.B. Destination within Consignee’s Premises Delivery Terms:

The term F.O.B. Destination within Consignee’s Premises means delivery, free of expenses to the

Smithsonian Institution, to within the doors of consignee’s premises specified in the contract or delivery instructions.

Section G - Contract Administration Data

G.1 52.202-S0059 Contract Management

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

G.2 52.202-S0060 Contracting Officer

All contract administration will be effected by the Contracting Officer. Communications pertaining to contractual administrative matters will be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the

Contracting Officer authorizing such changes.

G.3 52.202-S0061 Contracting Officer's Technical Representative (COTR) (Apr 1988)

(a) The Contracting Officer's Technical Representative (COTR) [to be supplied upon execution of the

Contract] 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.

G.4 52.202-S0062 Authorities

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

Smithsonian employee to direct the Contractor contractually should be referred to the Contracting Officer.

G.5. SI-0064 Incorporation of Contractor's Proposal

5.1. It is understood and agreed that the Contractor shall, in meeting the requirements of the contract, perform the work in accordance with his/her proposal to the Smithsonian Institution for services, dated (To be added at time of contract)______________________; however, to the extent that any provisions of the articles set forth herein are in conflict or inconsistent with any provisions of said proposal, the provisions of the articles of this contract shall be controlling and shall supersede the provisions of said proposal.

G.6. SI-0065 Progress Payments

6.1. The Contractor may submit invoice(s) to the Contracting Officer's Technical Representative, Smithsonian Institution, not more frequently than monthly for work performed and accepted. Progress payments, when applicable, shall be based on a percentage of completion less 10% retainage. The

Contractor shall submit a separate monthly invoice when requesting payment. The ten percent retainage will be held until the final acceptance of all effort within each Phase.

G.7 52.213-S0094 Application for Payment

The Contractor shall submit Application for Payment in triplicate copies and in accordance with the

Construction Contract Clauses. All Applications for Payment shall identify the Contract Number and

Project Title and shall be submitted to the COTR at the address specified by the Work Order.

Note: The Prompt Payment Act (31 U.S.C. Section 3901) is not applicable to the Smithsonian Institution.

The Smithsonian Institution shall take all reasonable measures to ensure that payment for invoice(s) properly documented and submitted shall be paid within thirty (30) days from receipt of an approved proper invoice.

G.8 52.215-S0002 Authorized Negotiators (Apr 1984)

The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the

Government in connection with this request for proposals or quotations: [list names, titles, and telephone numbers of the authorized negotiators].

G.9 52.215-S0063 Key Personnel

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

NAME LABOR CATEGORY

Offerors shall also provide this information in their technical proposal.

(b) The persons named above are considered key personnel. The Contractor shall give at least 14 calendar days advance notice if any of these persons are to be removed or diverted from this contract, and shall supply written justification as part of this notice, and shall name the proposed substitute or replacement; but the Contractor will not remove or divert such persons unless authorized by written consent of the

Contracting Officer.

(c) General Approval. All Contractor personnel assigned to this contract are subject to Smithsonian review in accordance with the defined labor categories herein. Contractor personnel found unacceptable by the

Smithsonian at any time shall be removed from performing under this contract within 14 calendar days after notification. Such notification shall be delivered in writing by the Contracting Officer to the

Section H - Special Contract Requirements

H.1 Total Charges

The prices contained in Section B are the only charges to be made under this contract and no additional charges shall be claimed by the Contractor for the requirements under this contract, including source and documentation, training, copies of materials, implementation, error correction, upgrades, maintenance, or expenses for any other materials or service to be performed hereunder unless specified otherwise.

H.2 Quiet Enjoyment

The Smithsonian shall be entitled to see the material without disturbance, subject only to its obligation to make the required payments hereunder. The Contractor represents that this contract is not, nor will be, subject or subordinate to any right of the Contractor’s creditors, or if such subordination exists, that the agreement or instrument creating the same provides for non-disturbance of Smithsonian use.

H.3 Delivery Failure

Failure to deliver any of the requirements under this contract shall be deemed to be a total failure to deliver, and the supplies and services shall not be deemed delivered until all of its elements are delivered. If such delivery failure persists for more than thirty (30) days after the scheduled delivery date, the Smithsonian shall have the right to terminate the contract for default.

H.4 Security on Smithsonian Institution Premises

In order to be compliance with Smithsonian Institution security regulations, the Contractor shall make arrangements for access to Smithsonian premises through the Smithsonian Institution Representative

(Contracting Officer’s Technical Representative).

H.5 Responsibility for Smithsonian Property

The Contractor assumes full responsibility for and shall indemnify the Smithsonian for any and all loss or damage of whatsoever kind and nature to any and all Smithsonian property, including any equipment, supplies, accessories, or parts furnished, while in his custody and care for storage, repairs, or services to be performed under the terms of this contract resulting in whole or in part from the negligent acts or omissions of the contractor, any subcontractor, or any employee, agent, or representative of the contractor or subcontractor.

H.6 Return of Smithsonian Property

All materials provided by the Smithsonian Institution shall be returned by the Contractor within thirty (30) calendar days to place of origin or other location as designated by Smithsonian.

H.7 Federal Tort Claims Act

Contractor is hereby on notice that the Smithsonian Institution falls within the purview of the Federal Tort

Claims Act (28 U.S.C. §2671-2680). As such, the exclusive remedy for claims against Smithsonian for bodily injury, death and property damage due to negligence of Smithsonian or its employees is the Federal

Tort Claims Act; the General Counsel of Smithsonian is authorized to settle all claims against the United

States (Smithsonian Institution) for damage to property, personal injury, or death caused by the negligent act or failure to act of a Smithsonian employee in the course of his/her employment cognizable under the

Federal Tort Claims Act, as amended, and in some instances, this may be the exclusive remedy.

H.8 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.

H.9 52.203-S0004 Advertising of Award Smithsonian Institution

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.

H.10 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…