33330224RF0010034 RFP.pdf

33330224RF0010034

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 30

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

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L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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D

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B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

05/22/2024 X

OCON

SMITHSONIAN INSTITUTION

MRC 1200

PO Box 37012 Washington DC 20013-7012

Smitsonian Institution Ofc. of Contracting & Personal Property Mgmt.

P.O. Box 37012, MRC 1200, CG 3000E Washington, DC 20013-7012

1400 ET 06/25/2024

Jasmine Price 202 pricej@si.edu

633-7284

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PAGE(S)

Christine Grant

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____0_________ calendar days (60 calendar days unless a different period is inserted

Solicitation 33330224RF0010034 Page 2 of 30 Hazardous Waste Removal, SI Wide

SECTION A - SOLICITATION/CONTRACT FORM

A.1. Contract Form – SF33

SECTION B - SUPPLIES OR SERVICES/PRICES COSTS

B.1. The Smithsonian Institution (SI) is the world’s largest complex of museums and art galleries, with holdings in every area of human interest, totaling more than 100 million objects and specimens. Hazardous chemicals and other wastes considered by the U.S. Environmental Protection Agency (EPA) to be hazardous or unsuitable for disposal as routine solid waste are generated in the restoration and conservation of many artifacts and specimens, and in the maintenance of buildings, vehicles, and associated equipment. Waste streams include, but are not limited to solvents, lubricants, paints, cleaning products, compressed gases, aerosols, fuels and oils, pesticides, corrosives, spent or outdated laboratory reagents, wet and dry cell batteries. The Smithsonian Institution has established a formal Hazardous Waste Disposal Program whereby wastes are shipped from individual museums or facility sites by a reputable, licensed hazardous waste disposal contractor to an appropriate treatment, storage, or disposal facility (TSDF). A Hazardous Waste Coordinator (HWC) has been designated at each museum or facility. The Smithsonian Institution’s Office of Safety, Health, and Environmental Management (OSHEM) provides technical and regulatory assistance to HWCs to ensure that wastes are properly collected, identified, and stored prior to pick-up by a licensed contractor.

B.1.1. The Smithsonian Institution intends to award an open term Indefinite Delivery/Indefinite Quantity (IDIQ) contract to the successful contractor whose technical ability and price proposal is, in the opinion of the Contracting Officer, most advantageous to the Smithsonian Institution.

B.2. The successful contactor shall be issued work order contracts against the IDIQ contract for pickup and disposal of various types of hazardous waste, universal waste, and non-regulated material i.e., liquid and solid wastes/material, batteries and light tubes/bulbs. No nuclear or radioactive waste will be involved.

B.2.1. No funding is provided for the IDIQ contract. Funds will be provided upon a work order contract being issued to the successful contractor.

B.3. The successful Contractor shall provide pricing for the contract line-item numbers (CLINs) listed in

Attachment Number “A.” Unit Prices shall include all labor, material, equipment, supervision, transportation, any other cost associated with waste removal, disposal, overhead and profit. Overhead and profit combined shall not exceed 21% of the base cost for each item.

B.3.1. Should an item(s) not listed in Attachment “A” require disposal, the successful Contractor shall, prior to pick-up and disposal, provide the Contracting Officer’s Technical Representative (COTR) with pricing for the un-listed item(s).

SECTION C - DESCRIPTION/SPECIFICATIONS

C.1. The successful Contractor shall provide all necessary labor, equipment, materials, containers, and services required to collect, sort, package, manifest, transport, and treat and/or dispose of hazardous materials and wastes at properly permitted off-site treatment and disposal facilities. The successful Contractor shall also maintain the necessary personnel, equipment, materials, and capabilities to provide 24-hour emergency response services at all Smithsonian facilities.

Solicitation 33330224RF0010034 Page 3 of 30

C.1.1. Services are to be provided to all Smithsonian Institution (SI) facilities located in the Washington Metropolitan area as well as the Smithsonian Environmental Research Center in Edgewater, Maryland, the Smithsonian Conservation Biology Institute in Front Royal, Virginia, the National Museum of the American Indian –George Gutave Heye Center, New York City, the Conservation Resource Center, Suitland, Maryland and the Cooper Hewitt-National Design Museum in New York City and the Cooper Hewitt-Newark Facility in Newark, NJ.

C.1.2. Handling/Loading/Transportation of Material: The contractor shall be responsible for the proper and safe handling, transportation, and delivery of all hazardous material/waste to the designated treatment, storage, and disposal facility (TSDF) that shall include, but is not limited to:

(i) Ensuring an adequate/permitted vehicle and qualified (properly licensed and trained) operator is provided to safely transport wastes generated at SI facilities.

(ii) Ensuring that all vehicles are equipped with adequate first aid, fire protection, personnel safety, and spill control equipment.

(iii) Ensuring all loads are properly secured and properly placarded; and (iv) Coordinating unloading of material with the receiving facility.

C.1.3. Hazardous waste generated at SI facilities shall be managed in accordance with all applicable federal, state, and local regulatory requirements. The successful contractor shall, at no expense to the Smithsonian Institution, be responsible for acquisition and maintenance of all required licenses and permits. Copies of all such permits and licenses shall be current and submitted to the Contracting Officer’s Technical

Representative (COTR) at contract award, and at any time during the execution of this contract when such permits or license(s) are amended, replaced by a regulatory authority, or otherwise requested by the

COTR.

C.1.4. The successful contractor shall be responsible for completing any waste profile documents required by the disposal facility or state where a facility is located, and for any costs incurred in the profiling process. All documents, applications, and correspondence concerning waste handled under this contract shall be submitted to the COTR for review and approval prior to submittal to a disposal facility or regulatory agency. The COTR shall have 3 working days for review of all documents.

C.1.5. If feasible, the disposal method selected for each waste stream shall conform to the following priorities

(preference shown highest to lowest) as applicable for the type of waste: (i) reclamation; (ii) incorporation into a fuels burning program; (iii) incineration; (iv) treatment/detoxification/fixation; and, (v) land disposal. If requested, the contractor shall provide information on the available disposal options for specific waste materials. Following review of the information provided, the COTR will determine the disposal option to be used.

C.1.6. The Smithsonian Institution reserves the right to make bulk shipments of Universal Waste Batteries directly to a recycler and to utilize federal programs for reclaiming/recycling waste materials such as refrigerants and oils. Unless prior approval has been obtained in writing from the COTR, wastes shall be profiled and shipped directly to the waste management facility.

C.2. Routine Requirements:

C.2.1. For existing waste streams, the contractor shall provide the following:

A. Documents required to amend disposal facility waste characterization information within ten (10) working days of receipt of waste analyses or other updated waste characterization information, and

Solicitation 33330224RF0010034 Page 4 of 30

B. Documents required to change or add transporters or receiving facilities shall be provided at least 10 working days prior to scheduled shipment of an affected waste. For changes in receiving facilities, the contractor shall provide the information required in paragraph below.

C.2.2. For new or one time waste streams, the Contractor shall provide the following information within 10 working days of receipt of waste characterization information for the waste stream:

1. The identity of the reclamation or disposal facility that will be utilized;

2. A description of the disposal method that will be used; and,

3. Waste profile applications required by the facility and/or state where the facility is located.

4. Waste profile documents shall indicate the disposal method to be used.

C.3. Emergency Situations:

C.3.1. In the event of an emergency, the HWC or COTR will notify the Contractor of the type and classification of situation which exists. Notification will be made by phone or other means necessary. Classifications of emergency situations are described in the following paragraphs.

C.3.1.1. Emergency-Immediate Response: In the event of an emergency requiring immediate remedial response activities, the Contractor will be required to respond with a project manager on-site within three hours; response personnel and equipment shall be on-site within six-hours from the time of initial notification. The Contractor shall be required to meet this response time on a 24-hour, 7-days a week basis. Response time shall begin upon notification. The scope of the Contractor's initial response shall be discussed with and approved by the HWC or COTR prior to the Contractor's mobilization, preferably at the time of notification. The Contractor shall maintain daily logs documenting personnel activities and equipment/supplies used for the project. Completed logs shall be provided to the HWC/COTR within 3 days of completion of the project.

C.3.1.2. Emergency-Delayed Response: For emergency situations which do not require immediate mobilization of Contractor resources, the Contractor's project manager shall coordinate and document response actions and timeframes with the HWC/COTR to develop a plan of action.

Response time shall begin upon mobilization of contractor resources for response activities. Once response activities begin, contractor services shall be available 24-hours, 7-days a week, if needed, based on necessary response activities for the incident. The contractor's level of effort shall not exceed those identified in the plan of action and cost estimates without receiving prior approval from the HWC/COTR. The Contractor shall maintain daily logs documenting personnel activities and equipment/supplies used for the project. Completed logs shall be provided to the HWC/COTR within 3 days of completion of the project.

C.3.1.3. On-Site Spills: If a spill occurs during the Contractor's on-site activities, the contractor shall immediately: (i) secure the area, (ii) contain the spill, if possible, (iii) notify the Office of Protection Services at (202) 633-3988, (iv) notify the HWC or COTR, and (v) proceed with clean-up of the spill. The Contractor shall be responsible for costs associated with clean-up of spills which are caused by activities or factors which are under his/her control.

C.3.1.4. Off-Site Incidents: The Contractor shall comply with Department of Transportation (DOT), EPA, State and other applicable regulatory requirements concerning reporting and remediation of accidental discharges and spills of SI waste materials which occur off-site. The contractor shall notify the HWC or COTR within two hours of the incident and provide a complete written report concerning the incident and remedial action taken to the COTR within one week of the incident.

Solicitation 33330224RF0010034 Page 5 of 30

C.4. Health and Safety Plan Requirements: If required by the nature of the work being performed or the statement of work for a particular project work order, the successful contractor shall prepare a site-specific Health and Safety Plan (HASP) in accordance with the SI requirements.

C.5. Quality Provisions: Any requested changes to the project manager and alternate or subcontracted firms described in the offeror’s proposal must be submitted in writing and must include applicable qualification information. The COTR will provide written concurrence/non-concurrence following a technical review of the information submitted.

C.6. The Contractor shall be required to perform a compliance audit of transporters and waste management facilities and provide a written report to the COTR upon request. The audit shall be conducted utilizing a protocol which, at a minimum, addresses management activities and applicable regulatory requirements for the type of activities being evaluated and shall include a site visit (except a site visit will not be required for infrequently used transporters or waste management facilities receiving small amounts of wastes where the contractor can demonstrate compliance to the COTR utilizing other data, such as recent EPA inspection reports.

C.7. The waste disposal method identified for a particular waste may not be changed without obtaining written approval from the COTR. A request to change a disposal method must include a written justification explaining the reason for the change.

C.8. Except for transportation services, all work at SI facilities shall be conducted by employees of the

Contractor and shall not be subcontracted unless use of subcontractor personnel has been justified in the contractor’s plan of action for a specific project and prior written concurrence has been obtained from the

COTR.

SECTION D - PACKAGING AND MARKING

D.1. The Contractor shall package, mark, label and transport all items in accordance with EPA, DOT, State, and local regulations. If items must be repackaged for proper shipping, the contractor shall perform such repackaging and furnish all required materials when repackaging is necessary. The Contractor shall be responsible for disposal of the original container and packaging in a manner that complies with all applicable federal and state regulations. The Contractor shall also provide and affix the appropriate placards to each vehicle prior to leaving SI premises.

SECTION E - INSPECTION AND ACCEPTANCE

E.1. Inspection of Services - Fixed Price: Inspection shall be in accordance with FAR Clause 52.2466, Inspection of Services, Time, and Materials, included herein by reference.

(a) Definitions. "Services," as used in this clause includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Smithsonian Institution. The inspection system shall include notification to the Contractor of proposed deductions for non-performance or unsatisfactory performance and advise the Contracting Officer of any factors which may cause delay in performance of work.

(c) Authorized Personnel: The authorized personnel designated to place orders are subordinates of the Contracting Officer's Technical Representative (COTR) and are responsible for the day-to-day inspection

Solicitation 33330224RF0010034 Page 6 of 30 and monitoring of the Contractor’s work. The responsibilities of the authorized personnel include, placing calls to the Contractor for pick-ups, and when authorized by the COTR, approve scans delivered by the Contractor, inspect the Contractor’s finished work to ensure compliance with the contract requirements, documenting through written inspection reports the result of all inspections conducted, following through to ensure that all defects or omissions are corrected, recommending deductions from contract payment for non-performance or unsatisfactory performance encountered in the performance of the work, and generally assisting the COTR in carrying out his/her responsibilities.

E.1.1. 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 Successful Offeror is performing in accordance with the terms and specifications as set forth herein.

E.1.2. Inspection may be at the Successful Offeror's place of business or at any location where work is being performed in conjunction with this contract.

E.l.3. Inspection by the Smithsonian Institution shall not relieve the Successful Offeror 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.1.4. 52.246-16 Responsibility for Supplies. (APR 1984), included herein by reference.

E.2. ACCEPTANCE: The services rendered under an awarded contract will be accepted and approved by the

COTR. 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 work not conforming to prescribed contract requirements.

E.2.1. 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 successful Offeror shall be and remain liable to the Smithsonian Institution in accordance with applicable law for all damages to the Smithsonian Institution caused by the successful Offeror's negligent performance of any of the supplies or services furnished under this contract.

E.2.2. Acceptance by the Smithsonian Institution does not relieve the successful Offeror of responsibility for correction of errors or omissions that may arise after such acceptance if the errors and omissions are clearly a fault in successful Offeror performance.

E.2.3. Deliverables, both hardcopy and software, will be accepted when all discrepancies, errors, or other deficiencies have been resolved to the Smithsonian Institution’s satisfaction. All notifications of rejection will be accompanied by specific justification or substantiation of the reason(s) for rejection.

SECTION F - DELIVERIES OR PERFORMANCE

F.1. Deliverables are the items required by the Smithsonian Institution to confirm the proper pickup, transport, and disposal of hazardous material by the successful contractor.

F.1.1. Deliverables are found in Sections C, H, and I of the solicitation.

Solicitation 33330224RF0010034 Page 7 of 30

F.2. SI-0080 Period of Performance – NTP

F.2.1 The present Contract shall become effective upon full execution by all parties and issuance of the notice to proceed (NTP). The Contract shall remain in effect for a period of one (1) year from that date.

F.2.2. The Smithsonian Institution hereby reserves the right to renew this Contract for nine (9) additional one (1) year periods. The period of performance and terms and conditions of the Contract shall be automatically renewed for successive one (1) year terms, for up to nine (9) successive one (1) year terms, unless either party provides in writing to the other party, a request to change the terms and conditions of the Contract within thirty (30) calendar days prior to the current Contract expiration date. In no event shall the base Contract term plus subsequent one (1) year terms extend beyond a period of ten (10) years.

F.1.3 The above periods represent the timeframes in which the Smithsonian Institution may issue a Work Order to the Contractor. The Smithsonian Institution does not guarantee any minimum work order dollar amount for either the base year or for any option year.

F.2.4 Any increases in the rates shall be successfully negotiated prior to renewal based upon the Consumer Price Index (CPI) for All Urban Consumers, Washington, DC. Area.

F.2.5 It shall be the responsibility of the Contractor to immediately notify the Contracting Officer and the COTR should any problems occur, obstacles or other impediment to accomplishing the requirements of this Contract as specified above within the time-frame outlined in this Section

F.3 SI-0092 Period of Performance-Insurance

Contractor must submit approved Certificate of Insurance within ten (10) days of contract award.

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.1.1. 52.202-S0060 Contracting Officer: All contract administration will be affected by the Contracting

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

G.1.2. 52.202-S0061 Contracting Officer's Technical Representative (COTR) (Apr 1988)

G.1.2.1. The Contracting Officer's Technical Representative (COTR), to be designated after contract award, or an 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.

Solicitation 33330224RF0010034 Page 8 of 30

G.1.2.2. 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.

G.1.2.3. The Contractor shall make available such records, reports and facilities as may be required to carry out this assignment.

G.1.3. 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 his letter of appointment, a copy of which will be furnished to 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.1.4. 52.215-S0002 Authorized Negotiators (Apr 1984): The offeror 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.1.5. 52.215-S0063 Key Personnel; The Contractor shall include the key personnel to be assigned under this contract as listed below (list on separate sheet of paper, if necessary:

NAME LABOR CATEGORY

Offerors shall also provide this information in their technical proposal.

G.1.5.1. The persons named above are considered key personnel. The successful 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

Solicitation 33330224RF0010034 Page 9 of 30 proposed substitute or replacement; but the successful Contractor will not remove or divert such persons unless authorized by written consent of the Contracting Officer.

G.1.5.2. General Approval: All successful 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 successful Contractor.

G.6. Invoices: When requesting payment, the successful Contractor shall provide a detailed invoice of all items for each pick up. The contract line-item number (CLIN) shall be annotated on the invoice, for each item on the inventory list provided by the Hazardous Waste Coordinator (HWC) and/or the inventory list modified by the HWC at the time of pick up, for appropriate payment. The annotated list plus a copy of the signed return manifest and any supporting funding documentation shall be sent to the COTR for payment processing within 45 days of the shipment.

G.6.1. The Prompt Payment Act, PL 97-177 (31 USC Section 3901), as Amended, is not applicable to the

Smithsonian Institution. However, the Smithsonian Institution shall take all reasonable measures to ensure that payments for invoices properly documented and submitted shall be paid within 30 days from receipt of approved appropriate invoices by the COTR.

G.7. Certificate of Disposal / Certificate of Recycling: A Certificate of Disposal/Certificate of Recycling shall be forwarded to the HWC within thirty (30) days of final treatment or disposal of wastes. The certificate of Disposal/Certificate of Recycling shall identify the recycling, treatment or disposal facility name, itemize each DOT shipping container received at the final recycling, treatment or disposal facility by its unique identification number and document the date and method of recycling, treatment or disposal.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1.General

Contractor shall maintain the insurance policies described in Section II covering all the activities under the contract (If policies are on a “claims made” basis, the Contractor warrants that she/she will not discontinue coverage for at least three years after the completion of activities pertaining to this contract). The Contractor may use a combination of policies to achieve the minimum limits and coverage specified. Contractor shall disclose to the Smithsonian the full limits of all liability insurance policies including umbrella and/or excess liability policies and any deductible or self-insured retention. Contractor shall provide the Smithsonian the required Certificate(s) of Insurance evidencing the required coverage’s prior to the commencement of work under this contract. Contractor also agrees that he/she will provide copies of the policies to the Smithsonian, and that he/she will notify the Smithsonian thirty days in advance of any material change to the coverage or limits of insurance required by this provision.

H.2. Evidence of Insurance

1. H.2.1. Contractor shall name the Smithsonian, the United States of America as. Additional Insured by specific endorsement as Additional Insured to the Commercial General Liability for liabilities arising out of the Contractor’s or the Contractor’s sub-contractor’s or agent’s activities related to this agreement. The required liability policies shall provide for cross liability coverage. Contractor shall provide the Smithsonian with evidence of meeting this Additional Insured requirement prior to Contractor or sub-contractor’s commencement of activities under this agreement.

Solicitation 33330224RF0010034 Page 10 of 30

H.2.2. Insurance Policies required:

H.2.2.1. Commercial General Liability

Contactor shall maintain Commercial General Liability coverage for: (1) bodily injury; broad form property damage: and (2) advertising injury and personal injury pertaining to all activities performed by contractor as part of this agreement. The policy shall specifically include broad form coverage for personal injury such as false arrest, wrongful detention, malicious prosecution, slander and invasion of privacy and bodily injury, including emotional distress, which may occur from intended acts resulting from the use force to protect persons and property such as assault and battery.

The Liability policy (s) shall provide for cross liability coverage. Per Occurrence Limit: $5,000,000

Note: an aggregate limit will not be accepted in lieu of an occurrence limit.

H.2.2.1.a. Automobile Insurance Liability

Contractor shall maintain Business Automobile liability coverage including standard (ISO Form) coverage for

1) bodily injury, 2) property damage. Minimum Per Occurrence Limit: $1,000,000 (one million dollars).

H.2.2.1.b. Worker’s Compensation:

Contractor shall maintain Worker’s Compensation coverage that meets statutory limits. Coverage must be afforded in the state(s) in which that work is performed.

H.2.2.1.c. Umbrella Liability

To meet the $5,000,000 per occurrence limit for Commercial General Liability Insurance above, Contactor may as an alternative, maintain Umbrella/Excess Liability coverage affording coverage at least as broad as the underlying policies for Commercial General Liability and Professional Liability Policy, if used, and such coverage must include coverage for personal injury such as false arrest, wrongful detention, malicious prosecution, slander and invasion of privacy and bodily injury, including emotional distress, which may occur from intended acts resulting from the use of force to protect persons and property such as assault and battery. Note: an aggregate limit will not be accepted in lieu of an occurrence limit.

H.2.3. Professional Liability:

Professional Liability Insurance coverage shall include coverage for the negligent acts, errors and omissions of the Contractor and its employees. Coverage is also required of subcontractor(s) and agents. Throughout the Term, the Professional Liability/Errors & Omissions Liability insurance’s retroactive coverage date will be no later than the effective date of this Agreement. Contractor agrees that upon the event that Contractor and Smithsonian are named as co-defendants in any claim, damages or losses related to any matter arising from work performed by Contractor under this contract that contractor’s insurance shall take all appropriate action on behalf of the

Smithsonian. Contractor shall immediately advise Smithsonian of any claims presented or suits filed as relates to this contract.

Solicitation 33330224RF0010034 Page 11 of 30

H.2.4. Insurance for Contractor’s Sub-Contractors

Contractor will be responsible to ensure that it’s sub-contractors are adequately insured by a Commercial General Liability policy of either the Contractor or it’s sub-contractor including personal and bodily injury as described above, as well as Worker’s Compensation insurance afforded in the jurisdiction where the work is performed. In addition, Contractor will be responsible for determining per occurrence limits and other necessary coverage, depending on the scope of the activity. Contractor will ensure that its sub-contractors provide Certificates of Insurance and evidence of Additional Insured coverage in accordance with Section I above.

H.3. Indemnification:

Contractor shall indemnify, hold harmless, and defend the Smithsonian and its museums, bureaus, the Regents, Officers, agents, employees, and the U.S. Government from and against any and all claims, liability, including judgments, and settlements expenses, including attorneys’ fees, for any damage, expense, act or omission of the Contractors or its’ representatives, agents, employees or servants, and related directly or indirectly to any aspect of this agreement or performance of work hereunder, including injury to, or death of, any of the Contractors’ employees, agents or third party. Contractor shall also indemnify the Smithsonian for any loss or damage to Smithsonian property, including exhibits, display cases, collection items, objects and artifacts caused by any negligence, action, inaction, or misconduct of the Contractor, its’ employees, agents, or a third party.

H.4. 52.202-S0010 Use of Smithsonian Name (Jun 2000): It is recognized and acknowledged that successful 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.5. 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.6. 52.215-S0009 Information, Services and Rights of the Smithsonian (Apr 1988):

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

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

(c) The S.I. or its authorized representatives shall not be responsible for or have control or charge of the means, methods, techniques, sequences, or procedures, or for safety precautions and program in

Solicitation 33330224RF0010034 Page 12 of 30 connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents.

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

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

(f) The COTR shall have the authority and discretion to call, schedule, and conduct job meetings to be attended by the Contractor, representatives of his Subcontractors to discuss such matters as procedures, progress, problems, payments, and scheduling.

(g) The COTR will establish procedures to be followed for processing all project reports and other documentation, test reports, etc.

(h) The COTR will review all requests for changes and shall implement the processing of Change Orders, including applications for extension of the Contract Time.

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

(2) The Smithsonian Institution or its authorized representatives shall not be responsible or liable to the Contractor for the acts, errors or omissions of the Contractor, any separate Subcontractor, any separate contractor or any contractor's or subcontractor's agents or employees, or any other persons performing any of the work.

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

H.7. 52.223-S0070 Dissemination of Information: There shall be no dissemination or publication of information, except between the Contractor and any subcontractors, of information developed under this contract or any task orders awarded under the terms of this contract or contained in reports to be furnished pursuant to this contract without the prior written approval of the Contracting Officer.

H.8. Regulatory Requirements

H.9. Disposal of waste materials, performance of projects and emergency response activities shall comply with the following and all other applicable regulatory requirements.

H.9.1. Federal:

40 CFR 260, EPA General Regulations for Hazardous Waste Management 40 CFR 261, EPA Regulation for Identifying Hazardous Waste 40 CFR 262, EPA Regulations for Hazardous Waste Generators 40 CFR 263, EPA Regulations for Hazardous Waste Transporters 40 CFR 264, EPA Regulations for Owners and Operators of Permitted Hazardous Waste Facilities 40 CFR 265, EPA Interim Status Standards for Owners and Operators of Hazardous Waste Facilities

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40 CFR 266, EPA Standards for Management of Specific Hazardous Wastes and Facilities

40 CFR 267, EPA Interim Standards for Owners and Operators of New Hazardous Waste Land Disposal Facilities 40 CFR 268, EPA Regulations on Land Disposal Restrictions 40 CFR 273, EPA Standards for Universal Waste Management 40 CFR 279, EPA Standards for Managing Used Oil 49 CFR 171 through 179, DOT Regulations for Transportation of Hazardous Materials

H.9.2. State:

District of Columbia – DCMR Title 20 Maryland – COMAR Title 26 Virginia – 9 VAC 20

New York – 6 NYCRR 372-373 New Jersey

H.10. SI-0064 Incorporation of Contractor's Proposal

H.10.1. 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 [insert proposal date]; 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.

H.11. Bonding:

NOTE: The only acceptable method of bonding for the Smithsonian Institution is (1) Bid Bond SF-24;

Performance Bond SF-25; and Payment Bond SF-25A (U.S. Department of the Treasury Acceptable Surety):

(2) Irrevocable Letter of Credit (issued by a member of the Federal Deposit Insurance Corporation); or (3) Cashier’s Check.

Bonding Requirements

Bonding will not be required for Work Orders under $50,000.00. For projects that will total over $50,000.00, the Contractor shall furnish a Performance Bond (on the SF 25 only) in the amount of 100% of the Individual Work Order’s specific cost; likewise, the Contractor shall furnish a Payment Bond (on the SF 25A only) in the amount of 100% of the cost of the Individual Work Order.

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SECTION I – CONTRACT CLAUSES

52.203-3 Gratuities. (APR 1984)

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

52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020)

52.203-7 Anti-Kickback Procedures. (JUN 2020)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

52.203-13 Contractor Code of Business Ethics and Conduct. (NOV 2021)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (NOV2021)

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

52.219-28 Post-Award Small Business Program Rerepresentation. (SEP 2023)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern

(1) means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was a small business concern identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph

(h) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

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(c) If the Contractor represented that it was a small business concern identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph

(h) of this clause, when the Contracting Officer explicitly required it for an order issued under a multiple award contract..

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/document/support-table-size-standards.

(e) The small business size standard for a Contractor providing an end item that is does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUDZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation required by paragraph (b) and

(c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [insert NAICS Code] assigned to contract number [insert contract number].

(2) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]

(6) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a veteran-owned small business concern.

https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c)

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(7) [ Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it □ is, □ is not a service-disabled…