am_3.pdf

(x)

T17SOL10048

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

OCON

Washington DC 20013-7012

MRC 1200

P.O. BOX 37012

OCON

OCON

Washington DC 20013-7012

MRC 1200

P.O. BOX 37012

SMITHSONIAN INSTITUTION

11/08/20170003

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

11/08/2017

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

This is amendment 3 to solicitation T17SOL10048. Please see the Requests for Clarifications issued March 20, 2018 attached hereto.

The Proposal Submission Deadline remains May 1, 2018. Please see page 66 of the RFP for the

RFP schedule, as amended.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Thomas Dempsey

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Smithsonian National Zoological Park CPF P3 RFP No. T17SOL10048

Requests for Clarifications and Amendment [set 4]

Requests for Clarifications and Amendment [set 4 issued 3/20/2018]

No. Reference Question Category

(1, 2, 3, 4)

L1 PA 13.3 States “The developer, upon the effective date, shall be deemed to have waived, relinquished, and released the Smithsonian from and against any and all claims, demands, causes of action (including causes of action in tort), losses, damages, liabilities, costs and expenses (Including attorney’s fees and court costs) of any and every kind or character, known or unknown, which the developer might have asserted or alleged against the Smithsonian at any time by reason of or arising out of any latent or patent construction defects or physical conditions…..”

Bidder expresses concern with the above, indicating their understanding that the intent is for the Smithsonian to take all risk related to condition of the existing structure (known or unknown)

The Smithsonian will amend the Concession Agreement to further define the processes that will apply in the event that a GSB Latent Defect is discovered by either Party after the Effective Date. Once established as a GSB Latent Defect, the amended version of the Concession Agreement will permit repairs associated with a GSB Latent Defect to be considered a “Governmental Delay.” In the event the Parties cannot mutually agree on a schedule and responsibilities for repair of any GSB Latent Defect, an amended Concession Agreement will permit either Party to terminate the Concession Agreement, and the Developer will be eligible for compensation in such amount as is calculated in accordance with the procedures and requirements of FAR 52.249-2.

At this time, the Smithsonian does not plan to amend Section 13.3 of the Concession Agreement, nor does the Smithsonian plan to indemnify the Developer in the event of a discovery of a GSB Latent Defect.

Requests for Clarifications and Amendment [set 4]

L2 General Commercial Typically, an owner who is doing an overbuild has insurance on his property, effectively covering the builder. Should a catastrophe occur, unless and until a source could be identified, the insurance company indemnifies the builder. Could such an arrangement be considered here?

Article 12 sets forth the insurance and coverage requirements. If this question refers to business interruption insurance, then that would be at the expense of the Developer. If this refers to another form of insurance, the Smithsonian would need additional information in order to be able to respond to this question.

L3 PA 13.2 Places all risk of loss or damage on the Developer, we understood it was proposed that the Smithsonian would assume risk related to the existing structure

Please refer to Smithsonian response to question L1 above.