RFP 33330226RT0010015 Arabian Leopard.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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)

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

SMITHSONIAN INSTITUTION

MRC 1200

PO Box 37012 Washington DC 20013-7012

OCON

Office of Contracting and Personal Property M

MRC 1200, PO Box 37012 Washington, DC 20013-7012

Virginia Chan 202-633-7253

1x

3. DATE ISSUED

09/14/2026

33330226RT0010015

PAGES

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

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

Zoological Park (NZP) Construction of Phase 2 - Habitats & Animal Care Building for the Arabian Leopard Facility (ALF) (SF Project # 2533105), located at 3001

Connecticut Ave NW, Washington, DC 20008. Phase 1 - Early Site was solicited previously from IDIQ Contractors, has been awarded, and is in progress. At the conclusion of Phase 1, the successful offeror will be expected to take over responsibility from the Phase 1 General Contractor for site logistics and overlapping scope, including, but not limited to, the laydown area, erosion and sediment control (E&S) measures, the sound wall, and temporary utilities. 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. 2533105 dated June 15, 2026, attached hereto as Appendix 1-2. 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. 1-139;

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.)

10 578 calendar days and complete it within ________________ ________________ calendar days after receiving

Specs dated 06/15/2026

11/13/2026

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 . ______60

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

PAGE 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...

2 139

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 139

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

33330226RT0010015

All Contract Documents (as defined in Section B below), including, without limitation, the

Specifications and Drawings attached hereto as

Appendix 1-2;

All other documents and attachments listed in

Section J of this RFP below.

The following firms have been prequalified in

Solicitation No. 33330226RT0010005 to advance to

Step Two for technical and pricing evaluation under Request for Proposal No. 33330226RT0010015.

Offers will only be accepted from these prequalified firms:

Grunley

15020 Shady Grove Road, Suite 500

Rockville, MD 20850

Consigli

1825 K Street, Suite 1000

Washington, DC 20006

The Whiting-Turner Contracting Company

4600 River Road, Suite 200

College Park, MD 20737

PRE-BID TOUR OF THE SITE

The Pre-proposal meeting is scheduled for Friday, September 18, 2026, at 9 AM. Offerors must confirm their participation in the site tour with

Virginia Chan at ChanVC@si.edu and with the COTR, Ryan Swanier, at SwanierR@si.edu.

The starting point will be Bus Lot Entrance, National Zoological Park, 3001 Connecticut Ave, NW,Washington, DC 20008.

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, 6, etc. in word format to ChanVC@si.edu. It is requested that all questions be sent in no later than September 30, 2026, at 3PM EST.

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

33330226RT0010015

PAGE OF

4 139

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

SUBMISSION REQUIREMENTS

Submit proposals in PDF format as follows: one

PDF for the Technical proposal, one PDF for the

Cost proposal, and one PDF for the Subcontracting

Plan. Upload these documents to Dropbox using the provided link:

https://www.dropbox.com/request/WjDoOyI1YLjWVLZVx4SD

THE PROPOSAL DUE DATE IS FRIDAY, NOVEMBER 13,

2026, AT 3:00 PM EASTERN STANDARD TIME

The North American Industry Classification Code

(NAICS) for this procurement is 236220 and the size standard under this code is $45 million average annual receipts over the last three years.

SUBCONTRACTING PLAN

The subcontracting goals for this project are 40% participation by small business concerns.

Davis Bacon Wage Determination Building

DC20260002 and Heavy DC20260001 shall apply.

The Period of Performance for the Contract is 578 calendar days from the date of Notice to Proceed in February 2027 to substantial completion in

September 2028.

NOTE: An Amendment with 100% Final bid documents

(drawings and specifications) is anticipated to be issued on October 12, 2026. Offerors are strongly encouraged to begin preparation of their

Technical Proposal, including identifying and timely submitting any Requests for Information

(RFIs). Offerors should not defer preparation of their Technical Proposals pending issuance of the

100% Final Bid Documents.

Due to the critical nature of the construction

Continued ...

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

https://www.dropbox.com/request/WjDoOyI1YLjWVLZVx4SD

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

5 139

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

33330226RT0010015

schedule and its relationship to animal quarantine and the scheduled public opening, the date and time established for submission of both the Technical Proposal and Pricing Proposal are firm. Offerors should not anticipate an extension of the proposal due date.

The Smithsonian anticipates awarding a contract for Phase 2 by February 2027. Construction mobilization shall commence upon notice to proceed (NTP) to be issued upon receipt of

Contractor's Performance and Payment Bonds and the Certificate of Insurance. The Smithsonian expects Contractor turnover of the ALF for the receipt of the living collection upon substantial completion due at the end of summer 2028. The new

ALF will open to the public in early January 2029 after quarantine and acclimation of the living collection.

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

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

Section B - Supplies or Services/Prices

(Cost must be submitted in a separate PDF)

B.1. The Smithsonian Institution intends to award a firm fixed-price construction contract to the successful

Contractor/Offeror. The successful Offeror shall furnish all supervision, labor, materials and equipment needed to construct Phase 2 Arabian Leopard Facility (ALF), OPDC project no. 2533105 at the Smithsonian Institution’s

National Zoological Park, located at 3001 Connecticut Ave NW, Washington, DC 20008.

B.2. The term “Contract Documents” shall be deemed to include all Contract Clauses, the terms and conditions of this RFP, and all drawings and specifications referenced in Section J, including, without limitation, the drawings and specifications 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 and Specifications as referenced below:

1. NZP-DC: Construct Arabian Leopard Facility, OPDC project no. 2533105

a. Drawings, dated June 15, 2026

Phase 2 – Habitats & Animal Care Building 65% DD Dwgs: sheets 1 through 378

b. Specifications, dated June 15, 2026

Phase 2 – Habitats & Animal Care Building 65% DD Specs: pages 1 through 2,071

B.3. Pricing – Offerors shall identify all costs associated with Phase 2 of the NZP-DC: Construct Arabian Leopard Facility

(ALF) project, to include Base Cost, as set forth in the Contract Documents. Offerors shall submit a Base Cost

Proposal in accordance with the pricing forms provided in this solicitation. The Base Cost Proposal shall include the following forms:

1. Price Proposal Form

2. Multi-Year Funding Document

3. Completed Representations and Certifications (Section K)

All pricing forms shall be completed in their entirety and submitted as part of the Offeror’s Price Proposal.

Phase 2 - Construct Arabian Leopard 33330226RT0010015 Page 7 of 139

B.3.1. The work subject to this RFP consists of a base contract scope, which is also referred to herein as “NZP-DC:

Construct Arabian Leopard Exhibit SF Project #2533105.” The successful contractor/offeror shall identify all costs associated with performing the base contract scope in accordance with the Contract Documents.

Offerors are required to provide the Base Cost Proposal Submission as per the Base Cost Proposal

Submission Form (B.3.1).

Phase 2 - Construct Arabian Leopard 33330226RT0010015 Page 8 of 139

B.4. Multi-year FY Funding Increments – The Base Contract for SF Project #2533105 shall be funded for two fiscal years

(October 1, 2026-September 30, 2027 (FY 27) and October 1, 2027-September 30, 2028 (FY 28)). The Smithsonian has identified and set aside $4,000,000.00 to fund performance of the awarded contract for the first fiscal year, Fiscal

Year (FY) 2027. The Smithsonian Institution’s obligation under this contract beyond that amount is contingent upon the availability of non-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 $4,000,000.00 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 Multi-year Funding Price proposal any termination cost in the event that subsequent year funds are not appropriated. Smithsonian Institution will not be liable for any costs in excess of the termination cost expressly set forth in the accepted proposal.

Because funding for this project will be spread over two fiscal years, FY27, and FY28, the cost proposal is required to reflect the division of costs appropriately. Accordingly, each offeror is required to complete and submit the form below, which will be considered as a part of that offeror’s Cost Proposal. The total of FY27 and FY28 increments that the offerors fill out on form B.4.1. should equal the total of the base contract cost proposal for Phase 2 of the NZP-DC:

Construct Arabian Leopard Facility (ALF) project that the offeror completed on form B.3.1.

Phase 2 - Construct Arabian Leopard 33330226RT0010015 Page 9 of 139

B.4.1. This Multi-Year Funding Document shall be considered as part of the Cost Proposal.

Phase 2 - Construct Arabian Leopard 33330226RT0010015 Page 10 of 139

C - Description/Specifications

C.1. The Smithsonian Institution is seeking offers to construct Phase 2 – Habitats and Animal Care Building of the Arabian

Leopard Facility (ALF) project at the National Zoological Park, located at 3001 Connecticut Ave NW, Washington, DC 20008, as described herein and the Contract Documents, including, without limitation, in the Specifications and

Drawings for OPDC project no. 2533105 both dated June 15, 2026.

Offerors are required to submit a proposal in accordance with the submission instructions and requirements set forth in Section L. Evaluation factors for Step 2 proposals are set forth in Section M. Upon the receipt of Technical and Cost Proposals (as further described in Section L) and the selection of a successful Offeror, the Smithsonian Institution will execute a Firm Fixed Price construction contract. The Smithsonian currently estimates that the firm fixed price for Phase 2 – Habitats and Animal Care Building is over $10,000,000.

The Work includes but is not limited to Construction Services for Phase 2 – Habitats and Animal Care Building.

This solicitation is for Phase 2 – Habitats and Animal Care Building only. Offerors shall submit a Technical Proposal demonstrating their understanding of and approach to the complete project. Successful offerors must be capable of performing all work described and contemplated by this solicitation.

The Period of Performance for the Base Contract is 578 calendar days from the date of 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 refer 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 Background and Project Description

The Smithsonian Institution’s National Zoological Park (NZP) in Washington DC is one of the most visited zoos in the world, attracting millions of visitors annually. The National Zoo was founded by an act of Congress in 1889 and opened in 1891. The campus is on the National Register of Historic Places.

Since 1891, various architects, including Olmsted Associates, created the National Zoo as we know it today. In contrast to earlier zoos in America, which focused on displaying caged animals to the public, the National Zoo in

Rock Creek Park was formed for the care and conservation of endangered species in a more naturalistic habitat. For this purpose, landscape architect Frederick Law Olmsted (of New York City’s Central Park fame) was chosen to plan a system of paths winding gently through the steeply sloped, verdant park. Fellow Boston architect, William

Ralph Emerson, designed a few of the early animal houses, such as the Buffalo Barn and the first Lion House. These buildings, made of rustic, local stone, or wood, reflected the natural features of Rock Creek Park and were meant to evoke images of the American wilderness.

The Arabian Leopard Facility (ALF) will be located southeast of the Connecticut Avenue entrance to the National

Zoo. It replaces the former Bison Habitat and the existing Zoo in Your Backyard, which is situated along the historic

Olmsted Walk, across from the Africa Trail Exhibit (currently under renovation), just north of the Elephant House, and abuts the Panda Habitat.

The Smithsonian’s NZCBI has entered a partnership with the Royal Commission for AlUla (RCU) in Saudi Arabia to advance Arabian Leopard conservation efforts. The proposed new Arabian Leopard Facility will provide year-round public viewing of adult and cub leopards that will support education around conservation of this unique species. The Facility has three main components: 1) Site; 2) Habitats (East, West and Off View), and 3) Animal

Care Building. The Facility has been designed with the flexibility to accommodate future species such as the Amur

Leopard or Jaguars. All three Habitat areas have been designed with the influence of the arid, rocky mountains of the

Phase 2 - Construct Arabian Leopard 33330226RT0010015 Page 11 of 139

Arabian Peninsula while taking into consideration the historic environment of the National Zoological Park Historic

District and Olmsted Walk.

This project features two 30-foot high, outdoor, mesh enclosed areas that make up the East and West Habitats. These two Habitats will be open to the public with multiple viewing areas. The rock work and trees within provide opportunities for the cats to display their natural climbing behaviors. The West Habitat area is connected to the

Animal Care Building by an overhead animal walkway under which the visitor can walk. Visitors can experience the leopards from a variety of vantage points including from an underground tunnel that traverses a section of the West

Habitat. A smaller, Off View Habitat, which is not open to the public, will be used during quarantine, training or cubbing activities.

The Animal Care Building consists of three leopard dens; one cubbing den; one quarantine stall; a day room for visitor viewing of animals all year round; research and staff areas, and; building support areas. The intent of this facility is to create a program like that of the NZCBI Panda program, with the goal of breeding the Arabian Leopards and sharing the story of their conservation and rewilding with Zoo visitors through an immersive habitat experience.

C.2.1. Critical Elements of the Project

The successful Contractor shall be experienced and fully qualified with critical elements of the project, as listed, but not limited to, the items below:

a) Working within an occupied, historic campus active with public, staff and animals

b) Coordination of specialty trades within a small site footprint

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

d) Coordination and installation of radiant flooring

e) Coordination and installation of animal containment fencing, mesh and transfer chutes

f) Coordination and installation of shotcrete faux rock and faux trees

g) Mitigation of sound and vibration during construction so as not to harm animals in adjacent habitats

h) Coordination of construction activities with Zoo operations to align with feeding schedules, DC zoning community noise regulations, Zoo hours, known and unknown animal welfare issues, veterinary care, and public events

i) Procedures and documentation to ensure compliance with the established LEED building criteria

j) Use of Building Information Modeling (BIM).

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

Phase 2 - Construct Arabian Leopard 33330226RT0010015 Page 12 of 139

D - Packaging and Marking

(Not Applicable)

Phase 2 - Construct Arabian Leopard 33330226RT0010015 Page 13 of 139

E - Inspection and Acceptance

52.246-12 Inspection of Construction. (AUG 1996)

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

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

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

52.246-S0039 Final Inspection and Tests (Jun 2000)

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

Phase 2 - Construct Arabian Leopard 33330226RT0010015 Page 14 of 139

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

Phase 2 - Construct Arabian Leopard 33330226RT0010015 Page 15 of 139 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

Phase 2 - Construct Arabian Leopard 33330226RT0010015 Page 16 of 139 or referenced in a daily field inspection report for the day(s) affected; otherwise, all such claims are waived by the Contractor. In every such written claim, the Contractor shall provide the following information:

(i) Nature of the delay;

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

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

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

(v) Anticipated extent of the delay;

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

(d) Responsibility for Completion.

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

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

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

(i) Increase manpower in quantities and crafts necessary

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

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

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

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

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

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

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

52.228-S0081 Period of Performance-Bonds & Insurance-Construction (January 2023)

Contractor must submit approved Certificate of Insurance and 100% Performance/Payment Bonds within ten (10) days of contract award.

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

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

Phase 2 - Construct Arabian Leopard 33330226RT0010015 Page 17 of 139

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

S.I.

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

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

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

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

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

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

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

52.246-S0041 Additional Warranties and Guarantees (Jun 2000)

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

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

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

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

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

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

Phase 2 - Construct Arabian Leopard 33330226RT0010015 Page 18 of 139

(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.

Phase 2 - Construct Arabian Leopard 33330226RT0010015 Page 19 of 139

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

Contracting Officer authorizing such changes.

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

(a) The Contracting Officer's Technical Representative (COTR) Ryan Swanier, (202) 394-0446, SwanierR@si.edu 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.

52.232-S0047 Application for Payment for Construction (August 2024)

The provisions of the Clause entitled "Payment Under Fixed-Price Construction Contracts" prescribed in

FAR 52.232-5 are modified as follows:

(a) SCHEDULE OF VALUES:

(1) As part of the submission of its Preliminary Schedule, the Contractor shall submit to the COTR a

Schedule of Values, allocated to the various portions of the Work including mobilization and demobilization. This schedule, supported by data from the approved Progress Schedule, shall be used as a

Phase 2 - Construct Arabian Leopard 33330226RT0010015 Page 20 of 139 mailto:anier,%20(202)%20394-0446,%20Swanie mailto:anier,%20(202)%20394-0446,%20Swanie mailto:rR@si.edu basis for the Contractor's Applications for Payment for any increase or decrease in the Contract price. The

Contractor shall not front-end load his Schedule of Values.

(b) APPLICATIONS FOR PAYMENT:

(1) The S.I. shall make progress payments monthly as the Work proceeds on Applications for Payment approved by the Contracting Officer.

(2) The S.I. shall, upon request, reimburse the Contractor for the entire amount of premiums paid for

Performance and Payment bonds (including coinsurance and reinsurance agreements, when applicable) after furnishing evidence of full payment to the surety.

(3) Prior to the date for each progress payment, the Contractor, in accordance with the Supplementary

Construction Contract Clause entitled "Scheduling of the Work", shall submit to the COTR an itemized

Application for Payment, supported by such data substantiating the Contractor's right to payment as the

COTR may require, including, but not limited to the…