Sol_333302-22RF-0010003.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. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

SMITHSONIAN INSTITUTION

P.O. BOX 37012

MRC 1200

Washington DC 20013-7012

OCON

Christine Grant 202-633-7290

1x

33330222RF0010003

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

The Smithsonian Institution is seeking offers for the annual trash/debris removal and recycling services contract, for various Smithsonian Institution facilities located in the Washington, DC metropolitan area (Maryland and Virginia), as described herein and in the attached Statement of Work dated October 12, 2021.

All of the requirements which the successful Offeror must meet concerning this

Request for proposal are set forth in detail in the solicitation Documents included. Upon the receipt of Technical and Cost Proposals and the selection of a successful Offeror, the Smithsonian Institution will execute a Firm Fixed Price 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

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.)

0 0 calendar days and complete it within ________________ ________________ calendar days after receiving

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

PAGES

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

OCON

P.O. BOX 37012

MRC 1200

Washington DC 20013-7012

OCON

Christine Grant

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

33330222RF0010003

herein.

The Smithsonian may cancel this RFP without prior notice.

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

Sponsored by GSA

FAR (48 CFR) 53.110

A - Solicitation/Contract Form

B - Supplies or Services/Prices

C - Description/Specifications

D - Packaging and Marking

E - Inspection and Acceptance

F - Deliveries or Performance ………………………………………………………………………………12

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

A - Solicitation

The Smithsonian Institution is seeking offers for the annual trash/debris removal and recycling services contract, for various Smithsonian Institution facilities located in the Washington, DC metropolitan area (Maryland and Virginia).

All of the requirements which the successful Offeror must meet concerning this Request for proposal are set forth in detail in the solicitation Documents included. Upon the receipt of Proposal and the selection of a successful Offeror, the Smithsonian Institution will execute a Firm Fixed Price Service 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.

333302-22RF-0010003 Smithsonian Institution Trash Removal/Recycling Solicitation Page 5 of 48

B - Supplies or Services/Prices

B1. The Pricing Schedule

Offerors are to complete the pricing schedule below by inserting prices for all scheduled and unscheduled services. Any fees left blank will be treated as not applicable and will not be considered in this Solicitation.

333302-22RF-0010003 Smithsonian Institution Trash Removal/Recycling Solicitation Page 6 of 48

Service

Location SI Contractor Trash

Scrap

Metal

Bulky

Debris Recycle

Compactor

PM

Summer

(Apr - Oct)

Winter

(Nov-Mar) Pick-up Disposal Compactor PM Pick-up Disposal

Compactor

PM/Repair

Anacostia Community Museum

1901 Fort Pl., SE

Washington, D.C.

(1)

8-yard

Front Load

Dumpster Yes No No No No

1x weekly

1x weekly

(1)

30-yard

Compactor Yes No No No Yes

1x monthly

1x monthly

(1)

4-yard

Front Load

Dumpster Yes No No No No On-Call On-Call

(1)

30-yard

Open Top Roll-off Container No No Yes Yes No On-Call On-Call

(1)

8-yard

Front Load

Dumpster Yes No No No No

2x weekly

2x weekly

(1)

30-yard

Roll-off

Compactor Yes No No No Yes On-Call On-Call

(1)

30-yard

Open Top

Roll-Off

Compactor Yes No No No Yes

2x monthly

1x monthly

(1)

4-yard

Open Top

Container Yes No No No No On-Call On-Call

(1)

30-yard

Open Top

Roll-Off

Container No No Yes Yes No On-Call On-Call

(1)

30-yard

Open Top

Roll-Off

Container No Yes No Yes No On-Call On-Call

National Air & Space Museum

601 Independence Ave., NW

Washington, D.C.

(1)

30-yard

Roll-off

Compactor Yes No No No Yes

1x weekly

1x weekly

Museum Support Services Division

3400 Pennsy Dr.

Landover, MD

OFMR Service Locations

Garber Facility

3904 Old Silver Hill Rd.

Suitland, MD

Hirschhorn Museum

7th & Independence Ave., NW

Washington, D.C.

Museum Support Center

4210 Silver Hill Rd.

Suitland, MD

Scheduled

Service

Fee

Furnished

Equipment

(# and Container Type)

Service

Frequency

Unscheduled

Service

FeeServices

333302-22RF-0010003 Smithsonian Institution Trash Removal/Recycling Solicitation Page 7 of 48

Scrap

Metal

Bulky

Debris Recycle

Compactor

PM

Summer

(Apr - Oct)

Winter

(Nov-Mar) Pick-up Disposal Compactor PM Pick-up Disposal

Compactor

PM/Repair

OFMR Service Locations Scheduled

Service

Fee

Furnished

Equipment

(# and Container Type)

Service

Frequency

Unscheduled

Service

FeeServices

(1)

34-yard

Compactor Yes No No No Yes On-Call On-Call

(1)

20-yard

Roll-off No No Yes Yes No On-Call On-Call

National Museum of African

American History & Culture

14th & Constitution Ave., NW

Washington, D.C.

(1)

35-yard

Roll-off

Compactor Yes No No No Yes

2x monthly

1x monthly

National Museum of American

History

12th & Constitution Ave., NW

Washington, D.C.

(1)

34-yard

Roll-off

Compactor Yes No No No Yes

2x monthly

1x monthly

National Museum of the

American Indian

4th & Independence Ave., NW

Washington, D.C.

(1)

34-yard

Roll-off

Compactor Yes No No No Yes

1x weekly

1x weekly x w e e

National Museum of the

American Indian - CRC

4220 Silver Hill Rd.

Suitland. MD

(1)

30-yard

Compactor Yes No No No Yes

2x monthly

1x monthly

(1)

20-yard

Roll-off

Compactor Yes No No No Yes On-Call On-Call

(1)

20-yard

Roll-off Open

Top Container No Yes No Yes No On-Call On-Call

(1)

30-yard

Roll-off

Open Top

Container No No Yes Yes No On-Call On-Call

National Portrait Gallery

800 G. St., NW

Washington, D.C.

(3)

4-yard

Front Load Top

Compactor Yes No No No Yes

3x monthly

2x monthly

(1)

10-yard

Compactor

Front Load

(Maine

Restaurant) Yes No No No No

6x weekly

3x weekly

National Air & Space Museum

Udvar-Hazy Center

14390 Air & Space Museum Pkwy

Chantilly, VA

National Museum of

Natural History

10th & Constitution Ave, NW

Washington, D.C.

333302-22RF-0010003 Smithsonian Institution Trash Removal/Recycling Solicitation Page 8 of 48

Scrap

Metal

Bulky

Debris Recycle

Compactor

PM

Summer

(Apr - Oct)

Winter

(Nov-Mar) Pick-up Disposal Compactor PM Pick-up Disposal

Compactor

PM/Repair

OFMR Service Locations Scheduled

Service

Fee

Furnished

Equipment

(# and Container Type)

Service

Frequency

Unscheduled

Service

FeeServices

(1)

10-yard

Compactor

Front Load

(Panda Plaza) Yes No No No No

3x weekly

3x weekly

(1)

8-yard

Top Lid Front

Load

Dumpsters

(GSB Alley) Yes No No No No

3x weekly

3x weekly

(1)

15-yard

Open Top Roll-

Off Container

(Blue Rd) No No Yes Yes No On-Call On-Call

(1)

30-yard

Open Top Roll-

Off Container

(Holt House) No No Yes Yes No On-Call On-Call (1)

30-yard

Open Top Roll-

Off Container

(Holt House) No Yes No Yes No On-Call On-Call

(1)

25-yard

Compactor

(Blue Rd) Yes No No No Yes On-Call On-Call

Quadrangle

1100 Independence Ave., NW

Washington, D.C.

(1)

30-yard

Roll-off

Compactor Yes No No No Yes On-Call On-Call

Renwick Gallery

1661 Penn Ave, NW

Washington, D.C.

(1)

2-yard

Top Load

Container Yes No No No No

3x monthly

2x monthly

(3)

8-yard

Front Load

Dumpster Yes No No No No

1x weekly

1x weekly

(2)

8-yard

Cardboard

Recycler Front

Load Dumpster No No No Yes No On-Call On-Call

National Zoo 3001 Connecticut

Avenue, NW Washington, DC

333302-22RF-0010003 Smithsonian Institution Trash Removal/Recycling Solicitation Page 9 of 48

Scrap

Metal

Bulky

Debris Recycle

Compactor

PM

Summer

(Apr - Oct)

Winter

(Nov-Mar) Pick-up Disposal Compactor PM Pick-up Disposal

Compactor

PM/Repair

OFMR Service Locations Scheduled

Service

Fee

Furnished

Equipment

(# and Container Type)

Service

Frequency

Unscheduled

Service

FeeServices

(1)

30 -yard

Comingle

Recycler Front

Load Container No No No Yes No On-Call On-Call

(1) 30-yard

Construction

Open Top

Container No No Yes Yes No On-Call On-Call

O n

C

(1)

20-yard

Open Top Scrap

Metal Container No Yes No Yes No On-Call On-Call (1)

4-yard

Top Lid Front

Load Dumpster Yes No No No No

1x weekly

1x weekly

(1)

8-yard

Top Lid Front

Load Dumpster Yes No No No No

1x weekly

1x weekly

(1)

30-yard

Open Top Roll-off Container No No Yes Yes No On-Call On-Call

Smithsonian Conservation

Biology Institute (SCBI)

1500 Remount Rd

Front Royal, VA

Smithsonian Environmental

Research Center (SERC)

647 Contees Wharf

Edgewater, MD

333302-22RF-0010003 Smithsonian Institution Trash Removal/Recycling Solicitation Page 10 of 48

333302-22RF-0010003 Smithsonian Institution Trash Removal/Recycling Solicitation Page 11 of 48

C - Description/Specifications

The Contractor shall furnish all equipment (except Smithsonian Institution provided equipment), supervision, labor, materials, transportation, and shall satisfactorily perform the services of trash, refuse, debris, and recyclable non-hazardous and non-radioactive material removal and disposal from the specified locations on the specified schedule.

The Contractor shall perform on a regular schedule and unscheduled basis, trash/refuse/bulky debris removal disposal, recycling, and reporting for all Smithsonian Institution facility locations listed in Section B of this contract and as named in individual task order contracts issued under the authority of this contract.

Section D - Packaging and Marking

Proposals shall be submitted to https://www.dropbox.com using secured link:

https://www.dropbox.com/request/EFV9xshUtCy7oba2gOL1 no later than November 30, 2021 at 3:00 p.m and must provide the information required in the solicitation documents in order to receive consideration.

Late offers will not be considered. The Technical and Cost proposal are to be submitted in separate files.

Each file shall be titled with company name, file name and how many files.

If any pricing information is on the Technical proposal you will be disqualified.

Section E - Inspection and Acceptance

E1. 52.246-S0057 Inspection

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

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

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

(d) The Contractor shall be responsible for obtaining all information and approvals from the Contracting Officer’s Technical Representative (COTR) prior to finalizing all deliverables.

E2. 52.246-S0058 Acceptance

(a) The 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 the highest standard of care outlined in this Contract. 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, nor payment for any of the services 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 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.

grantca Highlight

F - Deliveries or Performance

F.1. Period of Performance-NTP The contract shall become effective upon execution of the contract and upon the Smithsonian Institution Contracting Officer's Notice to Proceed.

F.2. Period of Performance-Options The Smithsonian Institution reserves the sole right to exercise option(s). The Smithsonian reserves the right to renew this contract for four (4) additional one (1) year periods. Option periods are contingent upon

1) continued requirement of services; 2) successful performance by Contractor; 3) successful negotiation of renewal period prices; and 4) availability of appropriated funds by the U.S. Congress.

F.3. Delivery Point The Contractor shall deliver all services required under this contract to the locations specified herein and as otherwise designated by the Contracting Officer.

F.4. Renewal Period Pricing If the Smithsonian Institution exercises the option to extend the period of performance under this contract in accordance with Section F.2., pricing for the renewal periods will be negotiated prior to the renewal period and shall be based on the percentage increase as shown in the Consumer Price Index (CPI-U), Table 1, for all Urban Consumers, U.S. City average, All items, for the most recent twelve (12) month period published by the U.S. Department of Labor. Any additional charges which may be imposed by the county or municipality during the renewal period will be paid by the Contractor, however, the Contractor may present proof of such charges and request the Contracting Officer for adjustment for the additional costs.

The Contracting Officer shall have the final decision as to appropriate proof of Contractor's increased costs resulting from such increased county or municipality disposal fees.

F.5 Appropriations Funds for this procurement are subject to appropriation of funds by the U. S. Congress on a federal fiscal year basis (October 1 through September 30).

F6. Application for Payment

The Contractor shall submit Application for Payment in accordance with the Contract Clauses. All Applications for Payment shall identify the Contract Number and Project Title and shall be submitted to the COTR at the address specified by the contract.

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

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

333302-22RF-0010003 Smithsonian Institution Trash Removal/Recycling Solicitation Page 12 of 48

G - Contract Administration Data

G1. 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.

G2. 52.202-S0060 Contracting Officer All contract administration will be effected by the Contracting Officer. Communications pertaining to contractual administrative matters will be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the Contracting Officer authorizing such changes.

G3. 52.202-S0061 Contracting Officer's Technical Representative (COTR) (Apr 1988)

(a) The Contracting Officer's Technical Representative (COTR) Bascil Johnson (202-633-1318), johnsba@si.edu shall act for and on behalf of the Contracting Officer in the administration of any resultant contract with respect to:

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

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

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

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

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

G.4. 52.202-S0062 Authorities The Contractor is advised that only the Contracting Officer can change or modify the terms of this contract or take any other action which obligates the Smithsonian and then such action must be set forth in a formal modification to the Contract. The authority of the COTR is strictly limited to the specific duties set forth in her letter of appointment, a copy of which will be furnished the Contractor. Contractors who rely on direction from persons other than the Contracting Officer (or a COTR acting within the strict limits of his/her responsibilities as set forth in his/her letter of appointment) do so at their own risk and expense, as such actions do not bind the Smithsonian contractually. All questions concerning the authority of a Smithsonian employee to direct the Contractor contractually should be referred to the Contracting Officer

G.5 52.215-S0002 Authorized Negotiators (Apr 1984)

The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations: [list names, titles, and telephone numbers of the authorized negotiators].

333302-22RF-0010003 Smithsonian Institution Trash Removal/Recycling Solicitation Page 13 of 48

G6. 52.215-S0063 Key Personnel

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

NAME LABOR CATEGORY

Offerors shall also provide this information in their technical proposal.

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

(c) General Approval. All Contractor personnel assigned to this contract are subject to Smithsonian review in accordance with the defined labor categories herein. Contractor personnel found unacceptable by the Smithsonian at any time shall be removed from performing under this contract within 14 calendar days after notification. Such notification shall be delivered in writing by the Contracting Officer to the Contractor.

333302-22RF-0010003 Smithsonian Institution Trash Removal/Recycling Solicitation Page 14 of 48

H - Special Contract Requirements

H1. 52.202-S0010 Use of Smithsonian Name (Jun 2000)

It is recognized and acknowledged that Contractor shall have no right to use the name "Smithsonian" or "Smithsonian Institution", or the name of any Smithsonian Museum or part thereof, including the Facilities, in connection with any of its own advertising, marketing or promotion. However, any marketing or promotional programs concerning the Smithsonian or the Project shall be submitted to the Smithsonian for review and approval prior to any implementation thereof. The Smithsonian may withhold any approval required hereunder as it wishes.

The Prime Contractor shall be responsible for compliance by any subcontractor or supplier or lower tier subcontractor or lower tier supplier with this clause. After award of the contract and upon request of the Contracting Officer, the Prime Contractor shall deliver a written statement acknowledging that this clause has been included in contracts with all subcontractors and suppliers.

H2. 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.

H3. 52.215-S0009 Information, Services and Rights of the Smithsonian (Apr 1988)

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

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

(c) The S.I. or its authorized representatives shall not be responsible for or have control or charge of the construction means, methods, techniques, sequences, or procedures, or for safety precautions and program in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents.

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

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

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

(g) The COTR will establish procedures to be followed for processing all Shop Drawings, catalogs, and other project reports and other documentation, test reports, and maintenance manuals.

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

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

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

333302-22RF-0010003 Smithsonian Institution Trash Removal/Recycling Solicitation Page 15 of 48

(k) Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, ten copies of full size Drawings and Specifications reasonably necessary for the execution of the Work.

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

H4. 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.

H5. 52.228-S0015 - Contractor's Liability Insurance

(a) The Contractor shall purchase and maintain in companies properly licensed to do business in the location where construction is being performed under this contract and acceptable to the S.I. such insurance as will protect him and the S.I. from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by himself or by any Subcontractor, any Supplier, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.

(1) Claims under worker's or workmen's compensation, disability benefit and other similar employee benefit acts (with Workmen's Compensation and Employer's Liability Insurance in amounts not less than those necessary to meet the statutory requirements of the state(s) having jurisdiction over any portion of the Work); the Contractor will require his Subcontractors to similarly provide Workmen's Compensation Insurance for all of the latter's employees;

(2) Claims for damages because of bodily injury, sickness or disease or death of his employees;

(3) Claims for damages because of bodily injury, sickness or death of any persons other than his employees;

(4) Claims for damages insured by usual personal injury liability coverage, which are sustained (1) by any person as a result of an occurrence directly or indirectly related to the employment of such person by the Contractor, or (2) by any other person;

(5) Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; and

(6) Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle.

(b) The insurance required by this Construction Contract Clause entitled "Contractors Liability Insurance", shall be primary and noncontributing to any insurance possessed or procured by the S.I., and limits of liability shall be not less than those set forth in this Construction Clause entitled "Contractors Liability Insurance".

333302-22RF-0010003 Smithsonian Institution Trash Removal/Recycling Solicitation Page 16 of 48

(c) The insurance required by this Construction Contract Clause entitled "Contractors Liability Insurance", shall include contractual liability insurance applicable to the Contractor's obligations under the Construction Contract Clause entitled "Conditions Affecting the Work".

(d) Without limiting the above during the term of the Contract, the Contractor shall, at his own expense, purchase and maintain the following insurance with companies licensed to do business in the location where construction is being performed under the contract and satisfactory to the S.I.

(e) Workmen's compensation insurance as required by the laws of the location where construction work is being performed.

(f) Appropriate bodily injury liability insurance, with limits of not less than $1,000,000.00 for each person and $2,000,000.00 for each accident, including requirements for protection of elevator operations, when applicable, and servicing areas adjacent to the building.

(g) Property damage liability insurance with a limit of not less than $1,000,000.00 for each accident.

(h) Automobile bodily injury liability insurance with limits of not less than $200,000.00 for each person and $500,000.00 for each accident, and property damage liability insurance, with a limit of not less than $50,000.00 for each accident.

(i) Employers' Liability - At least $100,000.00 for each accident.

(j) Public Liability and Property Insurance - The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall protect him and any Subcontractor performing work under this Contract from claims for damages for personal injury including accidental death, as well as from claims for personal property damage which may arise from operations under this Contract, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them. The Contractor shall procure insurance coverage for direct operations, sublet work, elevators, contractual liability and completed operations with limits not less than those stated below.

(k) Property Damages, including Broad Form Property Damage and Explosion, Collapse, Underground property damage coverage, and blasting, where necessary.

(l) Completed Operations Liability - Continues coverage in force for one year after completion of Work.

(m) Excess/umbrella policy - raising the above limits to $2 million.

333302-22RF-0010003 Smithsonian Institution Trash Removal/Recycling Solicitation Page 17 of 48

(n) Liability insurance may be arranged by Comprehensive General Liability and Comprehensive Automobile Liability policies for the full limits required; Comprehensive General Liability Insurance may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by an excess of umbrella liability policy.

(o) It is understood and agreed that the Contractor's Insurance Company shall notify in writing, the Director, Office of Contracting, Smithsonian Institution, Washington, D.C. 20024, thirty (30) days in advance of the effective date of any reduction in or cancellation of this policy.

(p) Contractor shall provide the Smithsonian Certificate(s) of Insurance evidencing the required coverage ten (10) days following the date of notice of contract award. Contractor also agrees that it will provide copies of the policies to the Smithsonian, if requested. The insurance companies providing the above coverage shall be satisfactory to the Smithsonian Institution. Notice of policy changes will be furnished to the Contracting Officer.

H6. 52.228-S0016 - Contractor's Property Insurance

(a) The Contractor shall purchase and at all times maintain such insurance as will protect the Contractor, the Smithsonian Institution, the Smithsonian Institution's representatives, Suppliers and employees, the Architect, Sub-contractors and Sub-subcontractors from loss or damage to Work or property in the course of construction, including all machinery, materials and supplies on the premises or in transit thereto and intended to become a part of the finished Work until acceptance by the S.I. This insurance shall be in the form of "Builders All-Risk," "All-Risk Installation Floater," or equivalent. The Contractor shall cause such policy or policies of insurance required under this Article to be endorsed so as to provide that the insurer or insurers waive any right of subrogation against the S.I. Any deductible provision in such insurance shall not exceed $10,000.00 without prior written approval of the C.O. Notwithstanding any such deductible provision, the Contractor shall remain solely liable for the full amount of any item covered by such insurance.

(b) Any loss incurred under the Construction Contract Clause entitled "Contractors Property Insurance", is to be adjusted with the S.I. and made payable to the S.I. as trustee for the insured, as their interests may appear, subject to the requirements of any applicable mortgage clause and of the Construction Contract Clause entitled "Contractors Property Insurance". The Contractor shall pay each Subcontractor a just share of any insurance moneys received by the Contractor, and by appropriate agreement, written where legally required for validity, shall require each Subcontractor to make payments to his Suppliers in similar manner.

(c) The S.I. and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance obtained pursuant to this Construction Contract Clause entitled "Contractors Property Insurance", or any other property insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance held by the S.I. as trustee. The Contractor shall require, by appropriate agreement, written where legally required for validity, similar waivers in favor of the S.I. and the Contractor by Subcontractors and Suppliers. With respect to the waiver of rights of recovery, the S.I. shall be deemed to include, to the extent covered by property insurance applicable thereto, his consultants, employees, and agents and representatives including the employees and agents and the Architect and his consultants, employees and agents. The Contractor waives as against any separate contractor described in the Construction Contract Clause entitled "Work by Smithsonian Institution or by Separate Contractors", all rights for damages caused by fire or other perils in the same manner as is provided above as against the S.I. shall require, by appropriate agreement, written where legally required for validity, similar waivers in favor of the Contractor by any separate contractor and his subcontractors and suppliers.

333302-22RF-0010003 Smithsonian Institution Trash Removal/Recycling Solicitation Page 18 of 48

(d) The S.I. as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within five days after the occurrence of loss to the S.I.'s exercise of this power, and if such objection be made, the matter shall be decided by a court of competent jurisdiction or as the parties in interest otherwise agree. The S.I. as trustee shall, in that case, make settlement with the insurers in accordance with the orders of the court or as otherwise agreed by the parties in interest.

(e) The property insurance shall not be canceled or lapsed on account of any partial occupancy or use by the S.I. of a portion or portions of the Work prior to Submittal Completion, but will remain in full force and effect.

H7. 52.228-S0074 Specific Insurance Requirements

(a) Contractor shall maintain the insurance policies set forth below, covering the term of the contract, with carriers that are acceptable to the Smithsonian Institution. If policies are on a "claims made" basis, Contractor must continue coverage for at least three (3) years after it completes all activities related to this contract. Contractor shall provide Smithsonian Institution with a Certificate of Insurance evidencing the required coverage’s, at least fourteen (14) days prior to commencement of performance of this contract.

Contractor agrees that it shall notify the Smithsonian Institution, in writing, at least thirty (30) days in advance of any material change to the scope or limits of insurance required by this provision. Contractor shall disclose to Smithsonian the full limits of all insurance policies on the required certificates of insurance, including any umbrella and/or excess liability policies.

(b) Contractor shall name the Smithsonian Institution and the United States of America as ADDITIONAL INSUREDS to the Commercial General Liability and Automobile Liability policies.

(c) Commercial General Liability: Contractor shall maintain Commercial General Liability or comparable broad form liability coverage including standard (ISO Form) coverage for 1) bodily injury, property damage, products and completed operations and contractual liability; and 2) advertising injury and personal injury pertaining to all activities performed by Contractor as part of this contract. Minimum Per Occurrence Limit: $1,000,000.00 (One Million Dollars).

(d) Professional Liability Insurance coverage to include coverage for errors and omissions of the Contractor, its subcontractor(s), agents and employees. Minimum Per Claim Limit: $1,000,000.00 (One Million Dollars).

(e) Automobile Liability: Contractor shall maintain Business Automobile liability coverage including standard (ISO Form) coverage for 1) bodily injury, 2) property damage. Minimum Per Occurrence Limit:

$1,000,000.00 (One Million Dollars).

(f) Worker's Compensation: Contractor shall maintain Worker's Compensation coverage which meets statutory limits of the jurisdiction where the work will be performed.

(g) Subcontractor(s): Contractor shall require its subcontractor(s) that perform work under this contract to carry the same insurance limits Contractor must carry under this contract, and to provide a Certificate of Insurance naming the Smithsonian Institution and United States of America as ADDITIONAL

INSUREDS.

(h) Contractor may meet the insurance requirements through separate, combination, or package policies if those policies meet the required limits and scope of coverage. Umbrella and/or excess policy limits may be accepted to meet the required limits and scope of insurance.

333302-22RF-0010003 Smithsonian Institution Trash Removal/Recycling Solicitation Page 19 of 48

(i) The insurance requirements provided herein are the Contractor's minimum requirements and shall not be considered indicative of the ultimate amounts and types of insurance needed by the Contractor. Neither failure to comply nor full compliance with the insurance provisions of this Contract shall limit or relieve the Contractor from the requirement to indemnify the Smithsonian Institution nor from other obligations under this contract.

(j) Federal Tort Claims Act: The Smithsonian Institution is covered by the Federal Tort Claims Act (28 U.S.C. §§ 1346(b) and 2671-80) which provides an exclusive remedy for claims against the United States (the Smithsonian) for damage to property, personal injury, or death caused by the negligent act or failure to act of a Smithsonian Institution employee in the course of his or her employment.

H8. 52.229-S0043 – Taxes The Contractor shall pay all applicable Federal, State and local taxes and duties for the Work or portions thereof provided by the Contractor which are legally enacted at the time the offers are received, whether or not effective, except to the extent that the Contractor obtains tax exempt certificates in Maryland, Virginia and the District of Columbia. The Smithsonian Institution will cooperate with the Contractor in his application for such tax exempt certificates.

333302-22RF-0010003 Smithsonian Institution Trash Removal/Recycling Solicitation Page 20 of 48

I - Contract Clauses

52.202-1 Definitions. (JUN 2020)

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. (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (JUN 2020)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020)

(a) Definitions. As used in this clause-

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

333302-22RF-0010003 Smithsonian Institution Trash Removal/Recycling Solicitation Page 21 of 48

Critical technology means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

333302-22RF-0010003 Smithsonian Institution Trash Removal/Recycling Solicitation Page 22 of 48

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing-

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such…