Modification 0001 to Contract No. CW132711 with Total Civil Construction Approval and Payment Authorization Emergency Act of 2026

MURIEL BOWSER
MAYOR
May 22, 2026
Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and enactment by the Council of the District of Columbia is an
emergency bill, the "Modification 0001 to Contract No. CW132711 with Total Civil
Construction Approval and Payment Authorization Emergency Act of 2026," and the
accompanying emergency declaration resolution in not-to-exceed amount of $3,741,619.20.
The legislation will approve Modification No.0001 to Contract No. CW132711 with Total Civil
Construction to provide emergency snow removal equipment and operators for period from
January 29, 2026, through February 13, 2026. The legislation will approve payment for the goods
and services received under the contract.
My administration is available to discuss any questions you may have regarding the proposed
contract modification. In order to facilitate a response to any questions you may have, please
have your staff contact Marc Scott, Chief Operating Officer, Office of Contracting and
Procurement, at (202) 724-8759.
I urge the Council to take prompt and favorable action on the enclosed legislation.
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at the request of the Mayor
A BILL
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
17 To approve, on an emergency basis, Contract No . CW132711 with Total Civil Constrnction, and
18 to authorize payment for the goods and services received under the contract and
19 modification.
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21 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
22 act may be cited as the "Modification 0001 to Contract No. CW132711 with Total Civil
23 Construction Approval and Payment Authorization Emergency Act of 2026".
24 Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act, approved
25 December 24, 1973 (87 Stat. 803; D .C. Official Code§ 1-204.51), and notwithstanding the
26 requirements of section 202 of the Procurement Practices Reform Act of 2010, effective April 8,
27 2011 (D.C. Law 18-371; D.C. Official Code§ 2-352.02), the Council approves emergency
28 Contract No. CW132711, and Modification 0001 thereto, with Total Civil Construction and
29 authorizes payment in the not-to-exceed amount of $3,741,619.20 for the goods and services
30 received under the contract.
31 Sec. 3. Fiscal impact statement.
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The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 32
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 33
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 34
Sec. 4. Effective date. 35
This act shall take effect following approval by the Mayor (or in the event of veto by the 36
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 37
90 days, as provided for emergency acts of the Council of the District of Columbia in section 38
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 39
D.C. Official Code § 1-204.12(a)). 40
1

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement

Pursuant to section 202(c-1) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c-1), the following contract summary is provided:

COUNCIL CONTRACT SUMMARY
(Retroactive)

(A) Contract Number: CW132711

Proposed Contractor: Total Civil Construction

Proposed Contractor’s Principals: Greg Deweese

Contract Amount: Not-to-exceed (NTE) $3,741,619.20

Unit and Method of Compensation: Fixed labor hours

Term of Contract: January 29, 2026, through February 13, 2026
Modification 001 (February 26, 2026)

Type of Contract: Labor hour contract

Source Selection Method: Emergency procurement

(B) For a contract containing option periods, the contract amount for the base period and for
each option period. If the contract amount for one or more of the option periods differs from
the amount for the base period, provide an explanation of the reason for the difference:

There are no option periods.

(C) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:

Total Civil Construction provided emergency snow removal and dumping services to the sites
identified by the District, in response to the snow and ice storm that occurred on January 24-25,
2026.

(D) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:

2

In response to the Mayor’s emergency declaration, the contracting officer (CO) was required to
secure services capable of immediately supporting citywide snow and ice removal operations. Due
to the need for immediate mobilization of a large fleet of heavy-duty snow removal equipment and
operators, a competitive procurement was not practical. Vendors known to have the capacity and
specialized equipment necessary to perform the large-scale snow plowing and removal services
were contacted. Evaluation focused on the ability to immediately mobilize and the contractor’s
experience. The selected contractors confirmed immediate availability and sufficient fleet. The CO
determined the price to be fair and reasonable based on market rates for heavy equipment and snow
removal services.

(E) A description of any bid protest related to the award of the contract, including whether the
protest was resolved through litigation, withdrawal of the protest by the protestor, or
voluntary corrective action by the District. Include the identity of the protestor, the grounds
alleged in the protest, and any deficiencies identified by the District as a result of the protest:

None

(F) A description of any other contracts the proposed contractor is currently seeking or holds
with the District:

None

(G) The background and qualifications of the proposed contractor, including its organization,
financial stability, personnel, and performance on past or current government or private
sector contracts with requirements similar to those of the proposed contract:

Total Civil Construction has over 20 years of experience performing civil works services, including
road, bridge, and building construction; demolition and site clearing; disaster recovery; earthwork;
and transportation and utility infrastructure. They have completed more than 100 projects within the
Washington metropolitan area. Additionally, the contractor has provided snow removal services to
the District under contract CW59816 and possessed the equipment and manpower to provide the
urgent needs of the District.

Total Civil Construction has adequate financial resources to perform the services of the contract and
the ability to obtain those resources. Although their Dun and Bradstreet Supplier Evaluation Risk
rating obtained on February 3, 2026, is high at 8, the CO determined that there is minimal to no risk
entering a contractual relationship with them since the services are limited to the snow and ice event
and payment will be made through purchase card. The Contractor is compliant with the District
(Excluded Parties List) and the federal System for Award Management (SAM).

(H) The period of performance associated with the proposed change, including date as of which
the proposed change is to be made effective:

The contract’s period of performance is January 29, 2026, through February 13, 2026, in the
amount of $4,674,240.00. On February 26, 2026, Modification M001 was issued to decrease the
labor hours for each contract line item to reflect actual hours worked and added/included the 3%
credit card surcharge (price schedule). The contract’s NTE amount changed/decreased to
$3,741,619.20.
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(I) The value of any work or services performed pursuant to a proposed change for which the
Council has not provided approval, disaggregated by each proposed change if more than one
proposed change has been aggregated for Council review:

Contract Award: NTE $4,674,240
Modification M001: Decreased the contract’s NTE amount to $3,741,619.20

(J) The aggregate dollar value of the proposed changes as compared with the amount of the
contract as awarded:

Aggregate dollar value of proposed change: $3,741,619.20
Contract award: NTE $4,674,240

(K) The date on which the contracting officer was notified of the proposed change:

January 23, 2026

(L) The reason why the proposed change was sent to Council for approval after it is intended to
take effect:

Due to the severity of the storm, additional emergency contracts were needed to supply specialized
equipment and widespread response. Forecasts for significant snow and ice amounts were issued
approximately two days prior to the January 24-25, 2026, snow and ice event, prompting the
Mayor’s Order directing the District’s emergency response. The services were initiated in
accordance with emergency procurement procedures. It was not possible to seek Council approval
prior to initiating services.

(M) The reason for the proposed change:

Forecasts for significant snow and ice amounts were issued approximately two days prior to the
January 24-25, 2026, snow and ice event, prompting the Mayor’s Order directing the District’s
emergency response.

(N) The legal, regulatory, or contractual authority for the proposed change:

Mayor’s Order 2026-005 and D.C. Code § 2–354.05 - Emergency procurements.

(O) A certification that the proposed contractor has been determined not to violate section 334a of
the Board of Ethics and Government Accountability Establishment and Comprehensive
Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a; and (2) A
certification from the proposed contractor that it currently is not and will not be in violation
of section 334a of the Board of Ethics and Government Accountability Establishment and
Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a:

The proposed contractor has been determined not to violate section 334a of the Board of Ethics and
Government Accountability Establishment and Comprehensive Ethics Reform Act of 2011, and
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they have certified that they are not and will not be in violation of section 334a of the Board of
Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Act of
2011.

(P) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
D.C. Official Code § 2-218.01 et seq. (“Act”), including a certification that the subcontracting
plan meets the minimum requirements of the Act and the dollar volume of the portion of the
contract to be subcontracted, expressed both in total dollars and as a percentage of the total
contract amount:

This is an emergency contract and does not require a subcontracting plan.

(Q) Performance standards and the expected outcome of the proposed contract:

Total Civil Construction plowed and removed the accumulated snow and ice, ensuring all
designated areas were cleared to maintain safe, passable street conditions.

(R) The amount and date of any expenditure of funds by the District pursuant to the contract
prior to its submission to the Council for approval:

Payment made via purchase card as follows:
2/12/26 $358,440
2/13/26 $507,748.80
2/13/26 $493,411.20
2/13/26 $497,984.40
2/13/26 $502,681.20
2/13/26 $511,951.20
2/13/26 $444,218.40
2/16/26 $378,216
2/16/26 $ 46,968
Total $3,741,619.20

(S) A certification that the proposed contract is within the appropriated budget authority for the
agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:

The Office of the Chief Financial Officer has certified that funding is consistent with the applicable
financial plan and budget.

(T) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:

The contract is legally sufficient. The contractor has no legal claims pending against the District.

(U) A certification that the Citywide Clean Hands database indicates that the proposed contractor
is current with its District taxes. If the Citywide Clean Hands Database indicates that the
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proposed contractor is not current with its District taxes, either: (1) a certification that the
contractor has worked out and is current with a payment schedule approved by the District;
or (2) a certification that the contractor will be current with its District taxes after the District
recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b):

The Citywide Clean Hands database indicates the contractor is current with its District taxes.

(V) A certification from the proposed contractor that it is current with its federal taxes, or has
worked out and is current with a payment schedule approved by the federal government:

The contractor certified that it is current with its federal taxes within their bidder offeror
certification.

(W) The status of the proposed contractor as a certified local, small, or disadvantaged business
enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
Development and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq.:

The contractor is not a certified local, small, or disadvantaged business enterprise.

(X) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:

None

(Y) A statement indicating whether the proposed contractor is currently debarred from providing
services or goods to the District or federal government, the dates of the debarment, and the
reasons for debarment:

The contractor is not debarred from providing goods or services to the District or federal
government.

(Z) Any determination and findings issues relating to the contract’s formation, including any
determination and findings made under D.C. Official Code § 2-352.05 (privatization
contracts):

Determination and Findings for Price Reasonableness
Determination and Findings for Contractor Responsibility

(AA) Where the contract, and any amendments or modifications, if executed, will be made
available online:

www.ocp.dc.gov

(BB) Where the original solicitation, and any amendments or modifications, will be made
available online:

Not applicable
1101 4th Street, SW
Washington, DC 20024
Date of Notice: May 6, 2026 L0016453999Notice Number:
FEIN: **-***2722
Case ID: 18974675

Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
TOTAL CIVIL CONSTRUCTION AND ENGINEERING, LLC
9344 LANHAM SEVERN ROAD 210
LANHAM MD 20706

Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov

COPY
FINANCIAL PLAN AND BUDGET CERTIFICATIONCONTRACT NO.:CW132711CAPTION:Emergency Snow Removal and Dumping ServicesCONTRACTOR NAME: Total Civil Construction CONTRACT AMOUNT: $4,674,240ORGANIZATION CODE:KT0PERIOD OF PERFORMANCE:1/29/2026 through 2/13/2026The Office of the Chief Financial Officer of the District of Columbia hereby certifies that the sum of $4,674,240 ithe emergency snow removal and dumping services in response to the snow and ice event that occurred on January 24-25, 2026. This memorandum certifies that the amount of $4,674,240 is available from the FY26 budget.Agency DIFS Fund DIFS Cost Center DIFS Program DIFS Account Project Award Subtask Task Amount KT0 1010001 60119 600097 7132001 4,674,240.00NB:Funding availability is dependent on additional OBP allocations for Snow Event #7.________________________________ _____________________________Perry Fitzpatrick, AFO Date
GOVERNMENT OF THE DISTRICT OF COLUMBIAOFFICE OF THE CHIEF FINANCIAL OFFICER

400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General

ATTORNEY GENERAL
BRIAN L. SCHWALB

Commercial Division

MEMORANDUM

TO: Tomás Talamante
Director
Office of Policy and Legislative Affairs

FROM: Robert Schildkraut
Section Chief
Government Contracts Section

DATE: April 24, 2026

SUBJECT: Approval of Contract Award over One Million Dollars
Contractor: Total Civil Construction
Contract Number: CW132711
Contract Amount: NTE $3,741,619.20

This is to Certify that this Office has reviewed the above-referenced Contract. To the extent OAG
is being requested to review the contents of the contract action the contents are found to be legally
sufficient. The process used to enter in this contract violated the requirements of DC Code § 2–
352.02. (Criteria for Council review of multiyear contracts and contracts in excess of $1 million)
because entering into the contract required the District to pay the contract price for the services
provided over $1 million during a 12- month period, before receiving Council approval. Fu rther,
the process to enter into this emergency contract violated DC Code § 2–354.05(c), which allows a
contracting officer to issue oral orders or notices to proceed to contractors to provide services or
goods to the District; provided, that the directive shall be reduced to writing within 3 business days
after issuance and funding for the services or goods provided shall be certified by the appropriate
fiscal official. This contract was signed on February 4, 2026; however, performance began on
January 29, 2026, which is more than 3 business days before the contract was signed. The
legislation included with the contract should cure these deficiencies. If you have any questions in
this regard, please do not hesitate to call me at (202) 724-4018.

______________________________
Robert Schildkraut

MODIFICATION OF CONTRACT 1. Contract Number Page of Pages
CW132711 1 2
2. Amendment/Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Solicitation Caption
M0001

See block 16C
Emergency Snow Removal
and Dumping Services
6. Issued by: Code 7. Administered by (If other than line 6)
Office of Contracting and Procurement,
441 4th Street, NW, Suite 700 South
Washington, D.C. 20001
Department of Public Works
899 N. Capitol Street, NE
Washington, DC 20002
8. Name and Address of Contractor (No. street, city, county, state and zip code)
TOTAL CIVIL CONSTRUCTION
9344 Lanham Severn Rd., Suite 210
Lanham, MD 20706
POC: Greg Deweesee, (703) 928-8746
9A. Amendment of Solicitation No.
9B. Dated (See Item 11)

X
10A. Modification of Contract/Order No.
CW132711
Code Facility
10B. Dated (See Item 13)
2/4/2026
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning _________ copies of the amendment: (b) By acknowledging receipt of this amendment on each copy of the offer
submitted; or (c) BY separate letter or fax which includes a reference to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGMENT TO
BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION
OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such may be made by letter or fax, provided each letter or
telegram makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
X A. This change order is issued pursuant to (Specify Authority): 27 DCMR, Chapter 36, and Section 3601.2
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation data
etc.) set forth in item 14, pursuant to the authority of 27 DCMR, Chapter 36, and Section 3601.3.
C. This supplemental agreement is entered into pursuant to authority of:

D. Other (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return _1__ copy to the issuing office.
14. Description of Amendment/Modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
The contract identified in Block 10A above is hereby modified as described below:
Pursuant to 27 DCMR, Chapter 36, Section 3601.2 (Bilateral modification) this contract is hereby modified as described
below:

1. The purpose of this modification is to update the Price Schedule to reflect the actual labor hours used and include a
line item for the 3% surcharge for credit card payments. As a result, the total not to exceed amount has changed
from $4,674,240 to $3,741,619.20.

See the updated Price Schedule on page 2.

Continued on next page.

Except as provided herein, all terms and conditions of the document is referenced in Item 9A or 10A remain unchanged and in full force and effect.
15A. Name and Title of Signer (Type or print)

16A. Name of Contracting Officer
Angela Turner
15B. Name of Contractor

(Signature of person authorized to sign)
15C. Date Signed

16B. District of Columbia
(Signature of Contracting Officer)
16C. Date Signed
2/26/2026
CONTINUATION SHEETAMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT Modification Number Page of PagesCW132711-M001 2 2B.3.1 UPDATED PRICE SCHEDULE Contract LineItem No. (CLIN) Labor Category (Operator and equipment) Quantity(For 4 crews)Hourly Labor RateEstimated Labor Hours Total Amount0001 Rubber Tire Wheel Loaders 4 ea $ 340.00 189 hours $ 257,040.000002 Dump Truck w/o Plow 80 ea $ 240.00 164 hours $ 3,148,800.000003 Skid Steer Loader 4 ea $ 270.00 210 hours $ 226,800.000004 3% Credit Card Surcharge 1 lot $ 108,979.20GRAND TOTAL B.3.1 Not-to-Exceed Amount$3,741,619.20
\
15A. Items 15B. Supplies/Services 15C. Qty. 15D. Unit 15E. Unit Price 15F. Amount
CLIN0001-
0003
Emergency Snow Removal and Dumping Services See Section
B.3, Price
Schedule
Each
See Section B.3,
Price Schedule
See Section
B.3, Price
Schedule
Total Amount of Contract $4,674,240.00
16. Table of Contents
(X) Section Description Page (X) Section Description Page
PART I – THE SCHEDULE PART II – CONTRACT CLAUSES
X A Solicitation/Contract Form 1 X I Contract Clauses 21
X B Supplies or Services and Price/Cost 2 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER
ATTACHMENTS
X C Description/Specifications/Work Statement 4 X J List of Attachments 36
X D Packaging and Marking 6 PART IV – REPRESENTATIONS AND INSTRUCTIONS
X E Inspection and Acceptance 7 K Representations, Certifications and Other
Statements of Offerors
N/A
X F Period of Performance and Deliverables 8 L Instructions, conditions & notices to offerors N/A
X G Contract Administration data 9 M Evaluation factors for award N/A
X H Special Contract Requirements 14
Contracting Officer will complete Item 17 or 18 as applicable
17. CONTRACTOR’S NEGOTIATED AGREEMENT (Contractor is
required to sign this document and return 1 copy to the issuing office.)
Contractor agrees to furnish and deliver all items, perform all the services set
forth or otherwise identified above and on any continuation sheets, for the
consideration stated herein. The rights and obligations of the parties to this
contract shall be subject to and governed by the following documents: (a) this
award/contract, (b) the solicitation, if any, and (c) such provisions,
representations, certifications, and specifications, as are attached or
incorporated by reference herein. (Attachments are listed herein.)
18. AWARD (Contractor is not required to sign this document.) Your
offer on Solicitation Number
including the additions or changes made by which additions or changes
are set forth in full above, is hereby accepted as to the items listed
above and on any continuation sheets. This award consummates the
contract which consists of the following documents: (a) the
Government’s solicitation and your offer, and (b) this award/contract. No
further contractual document is necessary.
19A. Name and Title of Signer (Type or print) 20A. Name of Contracting Officer (Type or Print)
Angela Turner
19B. Name of Contractor
(Signature of person authorized to sign)
19C. Date Signed 20B. District of Columbia
(Signature of Contracting Officer)
20C. Date Signed
AWARD/CONTRACT
1. Contract Caption Page of Pages
Emergency Snow Removal and Dumping
Services
1 36
2. Contract Number 3. Effective Date 4. Requisition/Purchase Request/Project No.: N/A
CW132711 See Block 20C
5. Issued By: Code 6. Administered by (If other than line 5)
Office of Contracting and Procurement
District of Columbia Government
441 4th Street, N.W., Suite 330 South
Washington, DC 20001
Department of Public Works
899 N. Capitol Street, NE
Washington, D. C. 20002
8. Name and Address of Contractor (No. street, city, county, state and
Zip Code)
TOTAL CIVIL CONSTRUCTION
9344 Lanham Severn Rd., Suite 210
Lanham, MD 20706
POC: Greg Deweesee, (703) 928-8746
8. Delivery
FOB Origin Other (See Schedule Section F)
9. Discount for prompt payment
N/A
10. Submit invoices to the Address shown in
(2 copies unless otherwise specified)
See Section G.2
Item
6 and 12
Code Facility
11. Ship to/Mark For Code 12. Payment will be made by Code
Same as item 6
Office of the Controller/Agency Fiscal Officer
through DC Vendor Portal, https://vendorportal.dc.gov
13. Reserved for future use 14. Accounting and Appropriation Data
ENCUMBRANCE CODE: N/A
DC OCP 201 (7-99) Office of Contracting and Procurement
2/4/2026
2

SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND
PRICE/COST

B.1 The Government of the District of Columbia, Office of Contracting and Procurement
(OCP), on behalf of the Department of Public Works hereafter referred to as the “District” hereby
enters a contract with Total Civil Construction (“Contractor”) to provide emergency snow removal
and dumping services to the sites identified by the District.

B.2 The District contemplates award of labor hours contract based on fixed unit prices, with a not-to-
exceed amount (ceiling) in accordance with 27 DCMR Chapter 24.
B.3 PRICE SCHEDULE – Labor Hour Contract

The price schedule below includes contract line-items for labor hours at a fixed hourly rate for all
snow removal and dumping services (operator/driver and equipment).

B.3.1 BASE YEAR:

Contract
Line
Item No.
(CLIN)
Labor Category
(Operator and equipment)

Quantity
(For 4
crews)
Hourly
Labor Rate
Estimated
Labor Hours
Total Amount
0001 Rubber Tire Wheel Loaders 4 ea $ 340.00 216 hours $ 293,760.00
0002 Dump Truck w/o Plow 80 ea 240.00 216 hours $ 4,147,200.00
0003 Skid Steer Loader 4 ea 270.00 216 hours $ 233,280.00
GRAND TOTAL B.3.1 Not-to-Exceed
Amount
$4,674,240.00

B.4 For contracts in excess of $250,000, at least 35% of the dollar volume of the contract shall be
subcontracted in accordance with section H.9.1.

A Subcontracting Plan form is available at http://ocp.dc.gov, under Quick Links click on
“Required Solicitation Documents”.

B.5 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01 et seq.
B.5.1 Nonprofit organizations, as defined in the Act, shall include in their rates the indirect
costs incurred in provision of goods or performance of services under this contract pursuant to
the nonprofit organization's unexpired Negotiated Indirect Cost Rate Agreement (NICRA). If a
nonprofit organization does not have an unexpired NICRA, the nonprofit organization may
elect to instead include in its rates its indirect costs:
(1) As calculated using a de minimis rate of 10% of all direct costs under this contract;
(2) By negotiating a new percentage indirect cost rate with the awarding agency;
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(3) As calculated with the same percentage indirect cost rate as the nonprofit organization
negotiated with any District agency within the past 2 years; however, a nonprofit
organization may request to renegotiate indirect costs rates in accordance with B.5.2; or
(4) As calculated with a percentage rate and base amount, determined by a certified public
accountant, as defined in the Act, using the nonprofit organization's audited financial
statements from the immediately preceding fiscal year, pursuant to the OMB Uniform
Guidance, and certified in writing by the certified public accountant.
B.5.2 If this contract is funded by a federal agency, indirect costs shall be consistent with the
requirements for pass-through entities in 2 C.F.R. § 200.331, or any successor regulations.
B.5.3 The Contractor shall pay its subcontractors which are nonprofit organizations the same
indirect cost rates as the nonprofit organization subcontractors would have received as a prime
contractor.

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SECTION C: SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE OF WORK

The Government of the District of Columbia (District), Office of Contracting and
Procurement, on behalf of the Department of Public Works, seeks immediate contractor to
provide emergency snow removal and dumping services to support the District’s snow
operation at various sites identified by the District during the January 2026 winter weather
event.
C.2 APPLICABLE DOCUMENTS

The following documents are applicable to this procurement and are hereby incorporated by
this reference:

C.3 DEFINITIONS

N/A

C.4 BACKGROUND

In the District of Columbia, the snow season is between November and March, and the peak snow
season falls between January and February. According to National Weather Service, the annual
snowfall for the District varies drastically every year, and the average annual snowfall for the
District is 12 inches in the past decade. Before the snow season begins every year, the District
Item
No.
Document Title Link
1 National Weather Service – For
reference about snow and ice data
http://www.ncdc.noaa.gov/
2 National Snow and Ice Data Center
(NSIDC) – For reference about
different types of winter weather
https://nsidc.org/learn/parts-
cryosphere/snow/science-snow
3 District Snow Team – For reference
about snow safety
https://snow.dc.gov/featured-
content/snow-safety-tips-shoveling-
snow
4 Occupational Safety and Health
Administration – For reference about
Toxic and Hazardous Substances
https://www.osha.gov/laws-
regs/regulations/standardnumber/1910/1
910.1200
5 Code of Federal Regulations – For
reference about OSHA’s Hazard
Communication
https://www.ecfr.gov/current/title-
29/subtitle-B/chapter-XVII/part-
1910/subpart-Z/section-1910.1200
5
will always make preparations to ensure that the District will be secure and safe for pedestrians
and commuters after winter weather events such as snowfall, snowstorms, and/or blizzards. The
purpose of this scope of work is to fill the District’s need for additional emergency snow removal
and dumping services to be assigned at various locations throughout the District.
C.5 REQUIREMENTS
C.5.1 The Contractor shall provide labor (operators/drivers), equipment/truck, fuel, tools, and
other incidentals necessary to provide emergency snow removal and dumping services to the sites
identified by the District, for up to 24-hour period daily or up to 216 hours.
C
.5.2 The Contractor shall provide crews with the following equipment:
C.5.2.1 Rubber Tire Wheel Loaders – 4ea
C.5.2.2 Dump Truck, without plow – 80 ea
C.5.2.3 Skid Street Loader – 4 ea
C
.5.3 The Contractor shall manage and dispatch operators and equipment and provide daily
reports to confirm all hours worked.
6

SECTION D: PACKAGING AND MARKING

N/A

THE REMAINDER OF THE PAGE LEFT BLANK INTENTIONALLY
7

SECTION E: INSPECTION AND ACCEPTANCE

E.1 The inspection and acceptance requirements for this contract shall be governed by clause number
six (6), Inspection of Services of the Government of the District of Columbia's Standard Contract
Provisions for use with Supplies and Services Contracts, dated July 2010. (Attachment J.1)

THE REMAINDER OF THE PAGE LEFT BLANK INTENTIONALLY
8

SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT

The term of the contract shall be from January 29, 2026, through February 13, 2026.

F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT

N/A

F.3 DELIVERABLES

F.3.1 The Contractor shall perform the activities required to successfully complete the District’s
requirements and submit each deliverable to the Contract Administrator identified in section G.9
in accordance with the following:

CLIN Deliverables

Qty. Method of
Delivery
Due Date
0001 Rubber Tire Wheel Loaders
Ref: C.5.2.1
4 ea In person January 28 through
February 13, 2026
0002 Dump Truck, without plow
Ref: C.5.2.2
80 ea In person January 28 through
February 13, 2026
0003 Skid Street Loader
Ref: C.5.2.3
4 ea In person January 28 through
February 13, 2026
0004 Daily Report
Ref: C.5.3
1 ea Electronic Daily until end of
contract

F.3.2 This contract is subject to the 51% District Residents New Hires Requirements and
First Source Employment Agreement requirements, the Contractor shall submit to the Contract
Administrator, as a deliverable, the compliance report or a waiver of compliance with its final
request for payment.

9

SECTION G: CONTRACT ADMINISTRATION

G.1 INVOICE PAYMENT

NOTE: Due to the emergency nature of this procurement, payment shall be made via a District-
issued credit card within a reasonable time upon receipt of a proper invoice and verification and
acceptance of the goods and/or services by the Government.
G.1.1 The District will make payments to the Contractor, upon the submission of proper
invoices, at the prices stipulated in this contract, for supplies delivered and accepted or services
performed and accepted, less any discounts, allowances or adjustments provided for in this
contract.

G.2 INVOICE SUBMITTAL - This section is not applicable

G.2.1 The Contractor shall create and submit payment requests in an electronic format through
the DC Vendor Portal, https://vendorportal.dc.gov

G.2.2 The Contractor shall submit proper invoices on a monthly basis or as otherwise specified
in Section G.4.

G.2.3 To constitute a proper invoice, the Contractor shall submit the following information on
the invoice:
G.2.2.1 Contractor’s name, federal tax ID and invoice date (date invoices as of the date
of mailing or transmittal);
G.2.2.2 Contract number and invoice number;
G.2.2.3 Description, price, quantity and the date(s) that the supplies or services were
delivered or performed;
G.2.2.4 Other supporting documentation or information, as required by the Contracting
Officer;
G.2.2.5 Name, title, telephone number and complete mailing address of the responsible
official to whom payment is to be sent;
G.2.2.6 Name, title, phone number of person preparing the invoice;
G.2.2.7 Name, title, phone number and mailing address of person (if different from the
person identified in G.2.2.6 above) to be notified in the event of a defective invoice; and
G.2.2.8 Authorized signature.

To constitute a proper invoice, the Contractor shall enter the above information into the Portal
after selecting the applicable purchase order number which is listed on the Contractor’s profile.

G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT (Not Applicable)
G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and First Source
Employment Agreement requirements, final request for payment must be accompanied by the compliance
report or a waiver of compliance.

G.3.2 The District may impose monetary fines for willful breach of the employment agreement
or failure to submit the compliance report.

10

G.4 PAYMENT

G.4.1 Payments on Partial Deliveries of Services: Unless otherwise specified in this contract,
payment will be made on partial deliveries of services accepted by the District if:

a) The CO determines that the amount due on the deliveries warrants it; or
b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50
percent of the total contract price.

G.4.2 Lump Sum Payment: The District will pay the full amount due the Contractor after:

a) Completion and acceptance of all work; and
b) Presentation of a properly executed invoice.

G.5 ASSIGNMENT OF CONTRACT PAYMENTS (Not Applicable)

G.6 THE QUICK PAYMENT ACT
G.6.1 Interest Penalties to Contractors
G.6.1.1 The District will pay interest penalties on amounts due to the Contractor under the
Quick Payment Act, D.C. Official Code § 2- 221.01 et seq ., as amended, for the period
beginning on the day after the required payment date and ending on the date on which
payment of the amount is made. Interest shall be calculated at the rate of at least 1% per
month. No interest penalty shall be paid if payment for the completed delivery of the item
of property or service is made on or before the required payment date. The required payment
date shall be:
G.6.1.1.1 The date on which payment is due under the terms of the contract;
G.6.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of
delivery of meat or meat food products;
G.6.1.1.3 Not later than 10 calendar days, excluding legal holidays, after the date
of delivery of a perishable agricultural commodity; or
G.6.1.1.4 30 calendar days, excluding legal holidays, after receipt of a proper
invoice for the amount of the payment due.

G.6.1.2 No interest penalty shall be due to the Contractor if payment for the completed
delivery of goods or services is made on or after:

G.6.1.2.1 3rd day after the required payment date for meat or a meat food
product;
G.6.1.2.2 5th day after the required payment date for an agricultural commodity; or
G.6.1.2.3 15th day after any other required payment date.

G.6.1.3 Any amount of an interest penalty which remains unpaid at the end of any 30-day
period shall be added to the principal amount of the debt and thereafter interest penalties
shall accrue on the added amount.
G.6.2 Payments to Subcontractors
11

G.6.2.1 The Contractor must take one of the following actions within seven (7) days of
receipt of any amount paid to the Contractor by the District for work performed by any
subcontractor under the contract:

G.6.2.1.1 Pay the subcontractor(s) for the proportionate share of the total
payment received from the District that is attributable to the subcontractor(s)
for work performed under the contract; or
G.6.2.1.2 Notify the CO and the subcontractor(s), in writing, of the
Contractor’s intention to withhold all or part of the subcontractor’s payment
and state the reason for the nonpayment.

G.6.2.2 The Contractor must pay any subcontractor or supplier interest penalties on
amounts due to the subcontractor or supplier beginning on the day after the payment is
due and ending on the date on which the payment is made. Interest shall be calculated at
the rate of at least 1% per month. No interest penalty shall be paid on the following if
payment for the completed delivery of the item of property or service is made on or
before the:

G.6.2.2.1 3rd day after the required payment date for meat or a meat product;
G.6.2.2.2 5th day after the required payment date for an agricultural commodity;
or
G.6.2.2.3 15th day after any other required payment date.

G.6.2.3 Any amount of an interest penalty which remains unpaid by the Contractor at the
end of any 30-day period shall be added to the principal amount of the debt to the
subcontractor and thereafter interest penalties shall accrue on the added amount.

G.6.2.4 A dispute between the Contractor and subcontractor relating to the amounts or
entitlement of a subcontractor to a payment or a late payment interest penalty under the
Quick Payment Act does not constitute a dispute to which the District is a party. The
District may not be interpleaded in any judicial or administrative proceeding involving such
a dispute.

G.6.3 Subcontract requirements. The Contractor shall include in each subcontract under this
contract a provision requiring the subcontractor to include in its contract with any lower-tier
subcontractor or supplier the payment and interest clauses required under paragraphs (1) and
(2) of D.C. Official Code § 2-221.02(d).

G.7 CONTRACTING OFFICER (CO)
Contracts will be entered into and signed on behalf of the District only by contracting officers.
The contact information for the Contracting Officer is:

Angela Turner, Chief Contracting Officer
Office of Contracting and Procurement
Office of the State Superintendent of Education (OSSE)
441 4th Street, NW, 3rd Floor
Washington, DC 20001
E-mail address: angela.turner@dc.gov
12

G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

G.8.1 The CO is the only person authorized to approve changes in any of the requirements of
this contract.

G.8.2 The Contractor shall not comply with any order, directive or request that changes or
modifies the requirements of this contract, unless issued in writing and signed by the CO.

G.8.3 In the event the Contractor effects any change at the instruction or request of any person
other than the CO, the change will be considered to have been made without authority and no
adjustment will be made in the contract price to cover any cost increase incurred as a result
thereof.

G.9 CONTRACT ADMINSTRATOR (CA)
G.9.1 The CA is responsible for general administration of the contract and advising the CO as to
the Contractor’s compliance or noncompliance with the contract. The CA has the responsibility
of ensuring the work conforms to the requirements of the contract and such other responsibilities
and authorities as may be specified in the contract. These include:
G.9.1.1 Keeping the CO fully informed of any technical or contractual difficulties
encountered during the performance period and advising the CO of any potential problem
areas under the contract;
G.9.1.2 Coordinating site entry for Contractor personnel, if applicable;
G.9.1.3 Reviewing invoices for completed work and recommending approval by the CO if
the Contractor’s costs are consistent with the negotiated amounts and progress is
satisfactory and commensurate with the rate of expenditure;
G.9.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and
services. This includes the timely processing of invoices and vouchers in accordance with
the District’s payment provisions; and
G.9.1.5 Maintaining a file that includes all contract correspondence, modifications,
records of inspections (site, data, equipment) and invoice or vouchers.

G.9.2 The address and telephone number of the CA is:

Melvyn Smith
Emergency Preparedness Officer,
Safety and Security Administration, 5th floor.
Department of Public Works
899 North Capitol Street NE
Cell (202) 409-9159
Melvyn.smith@dc.gov

13

G.9.3 The CA shall NOT have the authority to:

1. Award, agree to, or sign any contract, delivery order or task order. Only the CO
shall make contractual agreements, commitments or modifications;
2. Grant deviations from or waive any of the terms and conditions of the contract;
3. Increase the dollar limit of the contract or authorize work beyond the dollar limit
of the contract,
4. Authorize the expenditure of funds by the Contractor;
5. Change the period of performance; or
6. Authorize the use of District property, except as specified under the contract.

G.9.4 The Contractor will be fully responsible for any changes not authorized in advance, in
writing, by the CO; may be denied compensation or other relief for any additional work
performed that is not so authorized; and may also be required, at no additional cost to the
District, to take all corrective action necessitated by reason of the unauthorized changes.

14

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES – This section is
Not Applicable

H.1.1 For all new employment resulting from this contract or subcontracts hereto, as defined in
Mayor’s Order 83 -265 and implementing instructions, the Contractor shall use its best efforts to
comply with the following basic goal and objectives for utilization of bona fide residents of the
District of Columbia in each project’s labor force:

H.1.1.1 At least fifty-one (51) percent of apprentices and trainees employed shall be residents of
the District of Columbia registered in programs approved by the District of Columbia
Apprenticeship Council.
H.1.2 The Contractor shall negotiate an Employment Agreement with the Department of
Employment Services (DOES) for jobs created as a result of this contract. The DOES shall be the
Contractor’s first source of referral for qualified apprentices and trainees in the implementation of
employment goals contained in this clause.

H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS

The Contractor shall be bound by the Wage Determination No. 2015-4281, Revision No. 35 dated
12/3/2025, issued by the U.S. Department of Labor in accordance with the Service Contract Act,
41 U.S.C. § 351 et seq., and incorporated herein as Section J.2. The Contractor shall be bound by
the wage rates for the term of the contract subject to revision as stated herein and in accordance
with clause 24 of the SCP . If an option is exercised, the Contractor shall be bound by the
applicable wage rates at the time of the exercise of the option. If the option is exercised and the
CO obtains a revised wage determination, the revised wage determination is applicable for the
option periods, and the Contractor may be entitled to an equitable adjustment.

H.3 PREGNANT WORKERS FAIRNESS
H.3.1 The Contractor shall comply with the Protecting Pregnant Workers Fairness Act of 2016,
D.C. Official Code § 32-1231.01 et seq. (PPWF Act).

H.3.2 The Contractor shall not:

(a) Refuse to make reasonable accommodations to the known limitations related to
pregnancy, childbirth, related medical conditions, or breastfeeding for an employee,
unless the Contractor can demonstrate that the accommodation would impose an undue
hardship;

(b) Take an adverse action against an employee who requests or uses a reasonable
accommodation in regard to the employee's conditions or privileges of employment,
including failing to reinstate the employee when the need for reasonable
accommodations ceases to the employee's original job or to an equivalent position with
equivalent:

(1) Pay;
15

(2) Accumulated seniority and retirement;
(3) Benefits; and
(4) Other applicable service credits;

(c) Deny employment opportunities to an employee, or a job applicant, if the denial is
based on the need of the employer to make reasonable accommodations to the known
limitations related to pregnancy, childbirth, related medical conditions, or
breastfeeding;

(d) Require an employee affected by pregnancy, childbirth, related medical conditions,
or breastfeeding to accept an accommodation that the employee chooses not to accept if
the employee does not have a known limitation related to pregnancy, childbirth, related
medical conditions, or breastfeeding or the accommodation is not necessary for the
employee to perform her duties;

(e) Require an employee to take leave if a reasonable accommodation can be provided;
or

(f) Take adverse action against an employee who has been absent from work as a result
of a pregnancy-related condition, including a pre-birth complication.

H.3.3 The Contractor shall post and maintain in a conspicuous place a notice of rights in both
English and Spanish and provide written notice of an employee's right to a needed reasonable
accommodation related to pregnancy, childbirth, related medical conditions, or breastfeeding
pursuant to the PPWF Act to:

(a) New employees at the commencement of employment;
(b) Existing employees; and
(c) An employee who notifies the employer of her pregnancy, or other condition
covered by the PPWF Act, within 10 days of the notification.

H.3.4 The Contractor shall provide an accurate written translation of the notice of rights to any
non-English or non-Spanish speaking employee.

H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.

H.4 UNEMPLOYED ANTI-DISCRIMINATION

H.4.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C.
Official Code § 32-1361 et seq.

H.4.2 The Contractor shall not:

(a) Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an
employee because of the individual's status as unemployed; or

(b) Publish, in print, on the Internet, or in any other medium, an advertisement or
announcement for any vacancy in a job for employment that includes:
16

(1) Any provision stating or indicating that an individual's status as unemployed
disqualifies the individual for the job; or
(2) Any provision stating or indicating that an employment agency will not consider or
hire an individual for employment based on that individual's status as unemployed.

H.4.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties
as described in the Act.

H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT – This Section is not applicable

Delete Article 35, 51% District Residents New Hires Requirements and First Source
Employment Agreement, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts and substitute the following
Section H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST
SOURCE EMPLOYMENT AGREEMENT in its place:

H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST
SOURCE EMPLOYMENT AGREEMENT

H.5.1 For contracts for services in the amount of $300,000 or more, the Contractor shall
comply with the First Source Employment Agreement Act of 1984, as amended, D.C. Official
Code § 2-219.01 et seq. (First Source Act).

H.5.2 The Contractor shall enter into and maintain during the term of the contract, a First
Source Employment Agreement (Employment Agreement) with the District of Columbia
Department of Employment Service’s (DOES), in which the Contractor shall agree that:

(a) The first source for finding employees to fill all jobs created in order to perform the
contract shall be the First Source Register; and
(b) The first source for finding employees to fill any vacancy occurring in all jobs covered
by the Employment Agreement shall be the First Source Register.
H.5.3 The Contractor shall not begin performance of the contract until its Employment
Agreement has been accepted by DOES. Once approved, the Employment Agreement shall
not be amended except with the approval of DOES.
H.5.4 The Contractor agrees that at least 51% of the new employees hired to perform the
contract shall be District residents.
H.5.5 The Contractor’s hiring and reporting requirements under the First Source Act and any
rules promulgated thereunder shall continue for the term of the contract.
H.5.6 The CO may impose penalties, including monetary fines of 5% of the total amount of
the direct and indirect labor costs of the contract, for a willful breach of the Employment
Agreement, failure to submit the required hiring compliance reports, or deliberate submission
of falsified data.

H.5.7 If the Contractor does not receive a good faith waiver, the CO may also impose an
17

additional penalty equal to 1/8 of 1% of the total amount of the direct and indirect labor costs
of the contract for each percentage by which the Contractor fails to meet its hiring
requirements.

H.5.8 Any contractor which violates, more than once within a 10-year timeframe, the hiring
or reporting requirements of the First Source Act shall be referred for debarment for not more
than five (5) years.

H.5.9 The contractor may appeal any decision of the CO pursuant to this clause to the D.C.
Contract Appeals Board as provided in clause 14 of the SCP, Disputes.

H.5.10 The provisions of the First Source Act do not apply to nonprofit organizations which
employ 50 employees or less.

H.6 RESERVED

H.7 RESERVED

H.8 RESERVED

H.9 SUBCONTRACTING REQUIREMENTS
Delete Article 45, Subcontracting Requirements, of the Standard Contract Provisions dated July
2010 for use with District of Columbia Government Supplies and Services Contracts and
substitute the following Section H.9 SUBCONTRACTING REQUIREMENTS in its place:

H.9 SUBCONTRACTING REQUIREMENTS – This Section is Not Applicable

H.9.1 Mandatory Subcontracting Requirements

H.9.1.1 For all contracts in excess of $250,000, at least 35% of the dollar volume of the
contract shall be subcontracted to qualified small business enterprises (SBEs).

H.9.1.2 If there are insufficient SBEs to completely fulfill the requirement of paragraph
H.9.1.1, then the subcontracting may be satisfied by subcontracting 35% of the dollar
volume to any qualified certified business enterprises (CBEs); provided, however, that all
reasonable efforts shall be made to ensure that SBEs are significant participants in the
overall subcontracting work.

H.9.1.3 A prime contractor that is certified by DSLBD as a small, local, or disadvantaged
business enterprise shall not be required to comply with the provisions of sections H.9.1.1
and H.9.1.2.

H.9.1.4 Except as provided in H.9.1.5 and H.9.1.7, a prime contractor that is a CBE and
has been granted a bid preference pursuant to D.C. Official Code § 2-218.43, or is selected
through a set-aside program, shall perform at least 35% of the contracting effort with its
own organization and resources and, if it subcontracts, 35% of the subcontracting effort
shall be with CBEs. A CBE prime contractor that performs less than 35% of the
contracting effort shall be subject to enforcement actions under D.C. Official Code § 2-
218.63.
18

H.9.1.5 If the prime contractor is a certified joint venture and has been granted a bid
preference pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside
program, the CBE member of the certified joint venture shall perform at least 50% of the
contracting effort with its own organization and resources and, if it subcontracts, 35% of
the subcontracting effort shall be with CBEs. If the CBE member of the certified joint
venture prime contractor performs less than 50% of the contracting effort, the certified joint
venture shall be subject to enforcement actions under D.C. Official Code § 2-218.63.

H.9.1.6 Each CBE utilized to meet these subcontracting requirements shall perform at least
35% of its contracting effort with its own organization and resources.

H.9.1.7 A prime contractor that is a CBE and has been granted a bid preference pursuant to
D.C. Official Code § 2-218.43, or is selected through a set-aside program, shall perform at
least 50% of the on-site work with its own organization and resources if the contract is $1
million or less.

H.9.2 Subcontracting Plan

If the prime contractor is required to subcontract under this contract, it shall submit a
subcontracting plan as part of the bid and it may only be amended after award with the
prior written approval of the CO and Director of DSLBD. Any reduction in the dollar
volume of the subcontracted portion resulting from an amendment of the plan after award
shall inure to the benefit of the District.

Each subcontracting plan shall include the following:

(1) The name and address of each subcontractor;
(2) A current certification number of the small or certified business enterprise;
(3) The scope of work to be performed by each subcontractor; and
(4) The price that the prime contractor will pay each subcontractor.

H.9.3 Copies of Subcontracts
Within twenty-one (21) days of the date of award, the Contractor shall provide fully
executed copies of all subcontracts identified in the subcontracting plan to the CO, CA,
District of Columbia Auditor and the Director of DSLBD.

H.9.4 Subcontracting Plan Compliance Reporting

H.9.4.1 The Contractor shall submit a quarterly report to the CO, CA, District of
Columbia Auditor and the Director of DSLBD. The quarterly report shall include the
following information for each subcontract identified in the subcontracting plan:

(A) The price that the prime contractor will pay each subcontractor under the subcontract;
(B) A description of the goods procured or the services subcontracted for;
(C) The amount paid by the prime contractor under the subcontract; and
(D) A copy of the fully executed subcontract, if it was not provided with an earlier
quarterly report.
19

H.9.4.2 If the fully executed subcontract is not provided with the quarterly report, the
prime contractor will not receive credit toward its subcontracting requirements for that
subcontract.

H.9.5 Annual Meetings

Upon at least 30-days written notice provided by DSLBD, the Contractor shall meet
annually with the CO, CA, District of Columbia Auditor and the Director of DSLBD to
provide an update on its subcontracting plan.

H.9.6 Notices

The Contractor shall provide written notice to the DSLBD and the District of Columbia
Auditor upon commencement of the contract and when the contract is completed.

H.9.7 Enforcement and Penalties for Breach of Subcontracting Plan

H.9.7.1 A contractor shall be deemed to have breached a subcontracting plan required
by law, if the contractor (i) fails to submit subcontracting plan monitoring or compliance
reports or other required subcontracting information in a reasonably timely manner; (ii)
submits a monitoring or compliance report or other required subcontracting information
containing a materially false statement; or (iii) fails to meet its subcontracting
requirements.

H.9.7.2 A contractor that is found to have breached its subcontracting plan for
utilization of CBEs in the performance of a contract shall be subject to the imposition of
penalties, including monetary fines in accordance with D.C. Official Code § 2-218.63.

H.9.7.3 If the CO determines the Contractor’s failure to be a material breach of the
contract, the CO shall have cause to terminate the contract under the default provisions in
clause 8 of the SCP, Default.

H.10 FAIR CRIMINAL RECORD SCREENING

H.10.1 The Contractor shall comply with the provisions of the Fair Criminal Record Screening
Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-152) (“Act” as used in this
section). This section applies to any employment, including employment on a temporary or
contractual basis, where the physical location of the employment is in whole or substantial part within
the District of Columbia.

H.10.2 Prior to making a conditional offer of employment, the Contractor shall not require an
applicant for employment, or a person who has requested consideration for employment by the
Contractor, to reveal or disclose an arrest or criminal accusation that is not then pending or did not
result in a criminal conviction.

H.10.3 After making a conditional offer of employment, the Contractor may require an applicant to
disclose or reveal a criminal conviction.
20

H.10.4 The Contractor may only withdraw a conditional offer of employment, or take adverse action
against an applicant, for a legitimate business reason as described in the Act.

H.10.5 This section and the provisions of the Act shall not apply:

(a) Where a federal or District law or regulation requires the consideration of an applicant’s criminal
history for the purposes of employment;
(b) To a position designated by the employer as part of a federal or District government program or
obligation that is designed to encourage the employment of those with criminal histories;
(c) To any facility or employer that provides programs, services, or direct care to, children, youth, or
vulnerable adults; or
(d) To employers that employ less than 11 employees.

H.10.6 A person claiming to be aggrieved by a violation of the Act may file an administrative
complaint with the District of Columbia Office of Human Rights, and the Commission on Human
Rights may impose monetary penalties against the Contractor.

21

SECTION I: CONTRACT CLAUSES

I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS

The Standard Contract Provisions for use with District of Columbia Government Supplies and
Services Contracts dated July 2010 (SCP) are incorporated as part of the contract. To obtain a
copy of the SCP go to http://ocp.dc.gov, under Quick Links click on “Required Solicitation
Documents”.

I.2 CONTRACTS THAT CROSS FISCAL YEARS

Continuation of this contract beyond the current fiscal year is contingent upon future fiscal
appropriations.

I.3 CONFIDENTIALITY OF INFORMATION

The Contractor shall keep all information relating to any employee or customer of the District in
absolute confidence and shall not use the information in connection with any other matters; nor
shall it disclose any such information to any other person, firm or corporation, in accordance with
the District and federal laws governing the confidentiality of records.

I.4 TIME

Time, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless otherwise
stated herein.

I.5 RIGHTS IN DATA

Delete clause 42, Rights in Data, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts and substitute the following
clause 42, Rights in Data) in its place:

A. Definitions

1. “Products” - A deliverable under any contract that may include commodities, services and/or
technology furnished by or through Contractor, including existing and custom Products, such
as, but not limited to: a) recorded information, regardless of form or the media on which it may
be recorded; b) document research; c) experimental, developmental, or engineering work; d)
licensed software; e) components of the hardware environment; f) printed materials (including
but not limited to training manuals, system and user documentation, reports, drawings); g) third
party software; h) modifications, customizations, custom programs, program listings,
programming tools, data, modules, components; and i) any intellectual property embodied
therein, whether in tangible or intangible form, including but not limited to utilities, interfaces,
templates, subroutines, algorithms, formulas, source code, and object code.

2. “Existing Products” - Tangible Products and intangible licensed Products that exist prior to
the commencement of work under the contract. Existing Products must be identified on the
Product prior to commencement of work or else will be presumed to be Custom Products.

22

3. “Custom Products” - Products, preliminary, final or otherwise, which are created or
developed by Contractor, its subcontractors, partners, employees, resellers or agents
for the District under the contract.

4. “District” – The District of Columbia and its agencies.

B. Title to Project Deliverables

The Contractor acknowledges that it is commissioned by the District to perform services
detailed in the contract. The District shall have ownership and rights for the duration set forth
in the contract to use, copy, modify, distribute, or adapt Products as follows:

1. Existing Products: Title to all Existing Licensed Product(s), whether or not embedded in,
delivered or operating in conjunction with hardware or Custom Products, shall remain with
Contractor or third party proprietary owner, who retains all rights, title and interest (including
patent, trademark or copyrights). Effective upon payment, the District shall be granted an
irrevocable, non-exclusive, worldwide, paid-up license to use, execute, reproduce, display,
perform, adapt (unless Contractor advises the District as part of Contractor’s bid that
adaptation will violate existing agreements or statutes and Contractor demonstrates such to the
District’s satisfaction), and distribute Existing Product to District users up to the license
capacity stated in the contract with all license rights necessary to fully effect the general
business purpose of the project or work plan or contract. Licenses shall be granted in the name
of the District. The District agrees to reproduce the copyright notice and any other legend of
ownership on any copies authorized under this paragraph.

2. Custom Products: Effective upon Product creation, Contractor shall convey, assign, and
transfer to the District the sole and exclusive rights, title and interest in Custom
Products, whether preliminary, final or otherwise, including all patent, trademark, and
copyrights. Contractor hereby agrees to take all necessary and appropriate steps to
ensure that the Custom Products are protected against unauthorized copying,
reproduction and marketing by or through Contractor.

C. Transfers or Assignments of Existing or Custom Products by the District

The District may transfer or assign Existing or Custom Products and the licenses
thereunder to another District agency. Nothing herein shall preclude the Contractor from
otherwise using the related or underlying general knowledge, skills, ideas, concepts,
techniques and experience developed under a project or work plan in the course of
Contractor’s business.

D. Subcontractor Rights

Whenever any data, including computer software, are to be obtained from a subcontractor
under the contract, the Contractor shall use this clause, Rights in Data, in the subcontract,
without alteration, and no other clause shall be used to enlarge or diminish the District’s or
the Contractor’s rights in that subcontractor data or computer software which is required
for the District.

E. Source Code Escrow
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1. For all computer software furnished to the District with the rights specified in section B.2,
the Contractor shall furnish to the District, a copy of the source code with such rights of the
scope as specified in section B.2 of this clause. For all computer software furnished to the
District with the restricted rights specified in section B.1 of this clause, the District, if the
Contractor either directly or through a successor or affiliate shall cease to provide the
maintenance or warranty services provided the District under the contract or any paid-up
maintenance agreement, or if the Contractor should be declared insolvent by a court of
competent jurisdiction, shall have the right to obtain, for its own and sole use only, a single
copy of the current version of the source code supplied under the contract, and a single copy of
the documentation associated therewith, upon payment to the person in control of the source
code the reasonable cost of making each copy.

2. If the Contractor or Product manufacturer/developer of software furnished to the District
with the rights specified in section B.1 of this clause offers the source code or source code
escrow to any other commercial customers, the Contractor shall either: (1) provide the District
with the source code for the Product; (2) place the source code in a third party escrow
arrangement with a designated escrow agent who shall be named and identified to the District,
and who shall be directed to release the deposited source code in accordance with a standard
escrow arrangement acceptable to the District; or (3) will certify to the District that the Product
manufacturer/ developer has named the District as a named beneficiary of an established
escrow arrangement with its designated escrow agent who shall be named and identified to the
District, and who shall be directed to release the deposited source code in accordance with the
terms of escrow.

3. The Contractor shall update the source code, as well as any corrections or enhancements to
the source code, for each new release of the Product in the same manner as provided above,
and certify such updating of escrow to the District in writing.

F. Indemnification and Limitation of Liability

The Contractor shall indemnify and save and hold harmless the District, its officers, agents and
employees acting within the scope of their official duties against any liability, including costs
and expenses, (i) for violation of proprietary rights, copyrights, or rights of privacy, arising out
of the publication, translation, reproduction, delivery, performance, use or disposition of any
data furnished under this contract, or (ii) based upon any data furnished under this contract, or
based upon libelous or other unlawful matter contained in such data.

I.6 OTHER CONTRACTORS

The Contractor shall not commit or permit any act that will interfere with the performance of
work by another District contractor or by any District employee.

I.7 SUBCONTRACTS

The Contractor hereunder shall not subcontract any of the Contractor’s work or services to any
subcontractor without the prior written consent of the CO. Any work or service so
subcontracted shall be performed pursuant to a subcontract agreement, which the District will
have the right to review and approve prior to its execution by the Contractor. Any such
24

subcontract shall specify that the Contractor and the subcontractor shall be subject to every
provision of this contract. Notwithstanding any such subcontract approved by the District, the
Contractor shall remain liable to the District for all Contractor's work and services required
hereunder.

I.8 INSURANCE

A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and maintain,
during the entire period of performance under this contract, the types of insurance specified
below. The Contractor shall submit a Certificate of Insurance to the Contracting Officer (CO)
giving evidence of the required coverage prior to commencing performance under this contract.
In no event shall any work be performed until the required Certificates of Insurance signed by
an authorized representative of the insurer(s) have been provided to, and accepted by, the CO.

The Government of the District of Columbia shall be included in all policies, where applicable
and allowable by law, required hereunder to be maintained by the Contractor and its
subcontractors (except for workers’ compensation and professional liability insurance) as an
additional insureds for claims against The Government of the District of Columbia relating to
this contract, with the understanding that any affirmative obligation imposed upon the insured
Contractor or its subcontractors (including without limitation the liability to pay premiums)
shall be the sole obligation of the Contractor or its subcontractors, and not the additional
insured. The additional insured status under the Contractor’s and its subcontractors’
Commercial General Liability insurance policies shall be effected using the ISO Additional
Insured Endorsement form CG 20 10 11 85 (or CG 20 10 07 04 and CG 20 37 07 04) or such
other endorsement or combination of endorsements providing coverage at least as broad and
approved by the CO in writing. All of the Contractor’s and its subcontractors’ liability policies
(except for workers’ compensation and professional liability insurance) shall be endorsed using
ISO form CG 20 01 04 13 or its equivalent so as to indicate that such policies provide primary
coverage (without any right of contribution by any other insurance, reinsurance or self-
insurance, including any deductible or retention, maintained by an Additional Insured) for all
claims against the additional insured arising out of the performance of this Statement of Work
by the Contractor or its subcontractors, or anyone for whom the Contractor or its
subcontractors may be liable. These policies shall include a separation of insureds clause
applicable to the additional insured.

If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits than
the minimums shown below, the District requires and shall be entitled to the broader coverage
and/or the higher limits maintained by the Contractor and subcontractors.

B. INSURANCE REQUIREMENTS

1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide evidence
satisfactory to the CO with respect to the services performed that it carries a CGL policy,
written on an occurrence (not claims-made) basis, on Insurance Services Office, Inc. (“ISO”)
form CG 00 01 04 13 (or another occurrence-based form with coverage at least as broad and
approved by the CO in writing), covering liability for all ongoing and completed operations of
the Contractor and under all subcontracts, covering claims for bodily injury, including without
limitation sickness, disease or death and mental anguish of any persons, broad form property
damage, including loss of use resulting therefrom, personal and advertising injury, and
25

including coverage for liability arising out of an Insured Contract (including the tort liability of
another assumed in a contract) and acts of terrorism (whether caused by a foreign or domestic
source). Such coverage shall have limits of liability of not less than $1,000,000 each occurrence,
a $2,000,000 general aggregate.

The Commercial General Liability shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage using
ISO form CG 2015 0413 (or it’s equivalent) to The Government of the District of
Columbia
b) Coverage available to the additional insureds shall apply on a primary and non-
contributing basis as respects any other insurance, deductibles, or self-insurance
available to the additional insureds
c) A waiver of subrogation in favor of The Government of the District of Columbia
d) Any Annual Aggregate shall apply on a per location or per project basis (where
applicable)
e) Defense costs shall be in addition to and not erode the limits of liability

2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory to the CO
of commercial (business) automobile liability insurance written on ISO form CA 00 01 10 13
(or another form with coverage at least as broad and approved by the CO in writing) including
coverage for all owned, hired, borrowed and non-owned vehicles and equipment used by the
Contractor in connection with work under this agreement, with a minimum combined single
limit of $1,000,000 for bodily injury or death and property damage, including loss of use
thereof. Such policy or policies of automobile liability insurance shall be written on an
"occurrence" (as opposed to a "claims made") basis.

Auto Physical Damage Coverage - The Contractor shall provide auto physical damage
insurance to cover "loss" to a covered "auto" or its equipment:

a) Comprehensive - Fire, lightning or explosion; theft; windstorm, hail or earthquake;
flood; mischief or vandalism; or the sinking, burning, collision or derailment of any
conveyance transporting the covered "auto".
b) Collision Coverage - Caused by: The covered "auto's" collision with another object
or the covered "auto's" overturn.

The Commercial Auto Liability policy shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage to The
Government of the District of Columbia
b) Coverage available to the additional insureds shall apply on a primary and non-
contributing basis as respects any other insurance, deductibles, or self-insurance
available to the additional insureds
c) A waiver of subrogation in favor of The Government of the District of Columbia
d) Defense costs shall be in addition to and not erode the limits of liability
e) If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened
Coverage for Covered Autos - Business Auto, Motor Carrier and Truckers (or it’s
equivalent)

26

3. Workers’ Compensation Insurance - The Contractor shall provide evidence satisfactory to the
CO of Workers’ Compensation insurance in accordance with the statutory mandates of the
District of Columbia or the jurisdiction in which the contract is performed.

Employer’s Liability Insurance - The Contractor shall provide evidence satisfactory to the CO
of employer’s liability insurance as follows: $500,000 per accident for injury; $500,000 per
employee for disease; and $500,000 for policy disease limit.

The Workers Compensation and Employers Liability shall be further endorsed to:
a) Include a Waiver of Subrogation in favor of The Government of the District of
Columbia.
b) Where applicable, include United States Longshore and Harbor Workers Compensation
Act (USL&H)
c) Where applicable, include Jones Act Coverage for seamen or crew members on an “if
any” basis.

4. Technology Liability, Media Liability and Network Security/Privacy (Cyber) Liability
Insurance covering acts, errors, omissions, breach of contract, and violation of any consumer
protection laws arising out of Contractor’s operations or services with a limit of $1,000,000 per
claim and in the aggregate. Such coverage shall include but not be limited to, third party and
first party coverage for loss or disclosure of any data, including personally identifiable
information and payment card information, network security failure, violation of any consumer
protection laws, unauthorized access and/or use or other intrusions, infringement of any
intellectual property rights (except patent), unintentional breach of contract, negligence or
breach of duty to use reasonable care, breach of any duty of confidentiality, invasion of
privacy, or violations of any other legal protections for personal information, defamation, libel,
slander, commercial disparagement, negligent transmission of computer virus, or use of
computer networks in connection with denial of service attacks. Such coverage shall include
regulatory defense and fines/penalties in any jurisdiction anywhere in the world. Such coverage
shall include contractual privacy coverage for data breach response and crisis management
costs that would be incurred by Contractor on behalf of The Government of the District of
Columbia in the event of a data breach including legal and forensic expenses, notification
costs, credit monitoring costs, and costs to operate a call center. Contractor shall maintain
coverage in force during the term of this Agreement and for an extended reporting period of
not less than two (2) years after.

5. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence satisfactory
to the CO of commercial umbrella or excess liability insurance with minimum limits of
$10,000,000 per occurrence and $10,000,000 in the annual aggregate, following the form and
in excess of all liability policies. All liability coverages must be scheduled under the umbrella
and/or excess policy. The insurance required under this paragraph shall be written in a form
that annually reinstates all required limits. Coverage shall be primary to any insurance, self-
insurance or reinsurance maintained by The Government of the District of Columbia and the
“other insurance” provision must be amended in accordance with this requirement and
principles of vertical exhaustion.

6. Environmental Liability/Contractors Pollution Liability Insurance - The Contractor
shall provide evidence satisfactory to the CO of environmental liability insurance
covering losses caused by pollution or other hazardous conditions arising from
27

ongoing or completed operations of the Contractor. Such insurance shall apply to
bodily injury, property damage (including loss of use of damaged property or of
property that has been physically injured), clean- up costs, transit, and non- owned
disposal sites. Coverage shall extend to defense costs and expenses incurred in the
investigation, civil fines, penalties and damages or settlements. There shall be neither
an exclusion nor a sublimit for mold or fungus -related claims. The minimum limits
required under this paragraph shall be $2,000,000 per occurrence and $2,000,000 in
the annual aggregate. If such coverage is written on a claims -made basis, the
Contractor warrants that any retroactive date applicable to coverages under the policy
precedes the Contractor’s performance of any work under the Contract and that
continuous completed operations coverage will be maintained for at least ten (10)
years or an extended reporting period shall be purchased for no less than ten (10)
years after completion.

The Contractor also must furnish to the CO Owner certificates of insurance
evidencing environmental liability insurance maintained by third party transportation
and disposal site operators(s) used by the Contractor for losses arising from
facility(ies) accepting, storing or disposing hazardous materials or other waste as a
result of the Contractor’s operations. Such coverages must be maintained with limits
of at least the amounts set forth above.

The Environmental Liability policy shall be further endorsed to include The
Government of the District of Columbia as an Additional Insured.

C. SUBCONTRACTOR INSURANCE REQUIREMENTS

Any and all subcontractors engaged by Contractor for work under this agreement shall be
required to have the same insured required of Contractor. Should the Contractor wish to
propose different insurance requirements than outlined below, then, prior to commencement of
work by the subcontractor, the Contractor shall submit in writing the name and brief
description of work to be performed by the subcontractor on the Subcontractors Insurance
Requirement Template provided to the Office of Risk Management (ORM). ORM will
determine the insurance requirements applicable to the subcontractor and promptly deliver
such requirements in writing to the Contractor. In either instance, the Contractor must provide
proof of the subcontractor's required insurance prior to commencement of work by the
subcontractor.

D. PRIMARY AND NONCONTRIBUTORY INSURANCE
The insurance required herein shall be primary to and will not seek contribution from any other
insurance, reinsurance or self-insurance including any deductible or retention, maintained by the
Government of the District of Columbia.

E. DURATION. The Contractor shall carry all required insurance until all contract work is
accepted by The Government of the District of Columbia and shall carry listed coverages for
ten years for construction projects following final acceptance of the work performed under this
contract and two years for non-construction related contracts.

F. LIABILITY. These are the required minimum insurance requirements established by The
Government of the District of Columbia. However, it is understood that The Government of
28
the District of Columbia does not in any way represent that the insurance or the limits of
insurance specified herein are sufficient or adequate to protect your interests or liabilities and
will not in any way limit the contractor’s liability under this contract.
G. C
ONTRACTOR’S PROPERTY. Contractor and subcontractors are solely responsible for any
loss or damage to their personal property, including but not limited to tools and equipment,
scaffolding and temporary structures, rented machinery, or owned and leased equipment. A
waiver of subrogation shall apply in favor of The Government of the District of Columbia.
H. M
EASURE OF PAYMENT. The Government of the District of Columbia shall not make any
separate measure or payment for the cost of insurance and bonds. The Contractor shall include
all of the costs of insurance and bonds in the contract price.
I. N
OTIFICATION. The Contractor shall ensure that all policies provide that the CO shall be
given thirty (30) days prior written notice in the event of cancellation, non-renewal, or material
changes to the extent such cancellation or material changes results in Contractor no long
complying with the above requirements. The Contractor shall provide the CO with ten (10)
days prior written notice in the event of non-payment of premium. The Contractor will also
provide the CO with an updated Certificate of Insurance should its insurance coverages renew
during the contract. The Government of the District of Columbia may reasonably change the
above insurance coverage requirements during the Term by giving Contractor at least 30 days’
notice of the change. Contractor must comply, at your expense, and deliver to the CO evidence
of compliance before the change becomes effective.
J. C
ERTIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days after
execution of this Agreement, certificates of insurance evidencing the required insurance
coverage and endorsements required herein. Contractor must also provide us with evidence of
renewal before the expiration date of each insurance policy. Contractor is responsible for
providing us with 30 days advanced written notice if the certificate of insurance by the insurer
has been canceled, reduced in coverage, or otherwise altered. . Certificates of insurance must
reference the corresponding contract number. Evidence of insurance shall be submitted to:
The Government of the District of Columbia
And mailed to the attention of:
Angela Turner, Chief Contracting Officer
441 4th Street, SW, Washington D.C. 20001
E-mail: angela.turner@dc.gov
T
he CO may request and the Contractor shall promptly deliver updated certificates of
insurance, endorsements indicating the required coverages, and/or certified copies of the
insurance policies. If the insurance initially obtained by the Contractor expires prior to
completion of the contract, renewal certificates of insurance and additional insured and other
endorsements shall be furnished to the CO prior to the date of expiration of all such initial
insurance. For all coverage required to be maintained after completion, an additional
certificate of insurance evidencing such coverage shall be submitted to the CO on an annual
basis as the coverage is renewed (or replaced).
29

K. DISCLOSURE OF INFORMATION. The Contractor agrees that The Government of the
District of Columbia may disclose the name and contact information of its insurers to any third
party which presents a claim against The Government of the District of Columbia for any
damages or claims resulting from or arising out of work performed by the Contractor, its
agents, employees, servants or subcontractors in the performance of this contract.

L. CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in
connection with this contract shall be written by insurance companies with an A.M. Best
Insurance Guide rating of at least A- VII or better (or the equivalent by any other rating
agency) and licensed in the District of Columbia.

M. WARRANTIES. When applicable, the Contractor should be named as an additional insured
on the applicable manufacturer’s/distributer’s Commercial General Liability policy using
Insurance Services Office, Inc. (“ISO”) form CG 20 15 04 13 (or another occurrence-based
form with coverage at least as broad). CO should collect, review for accuracy, and maintain all
warranties for goods and services.

I.9 EQUAL EMPLOYMENT OPPORTUNITY

In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order
85-85 dated June 10, 1985, the forms for completion of the Equal Employment Opportunity
Information Report are incorporated herein as Section J.3. An award cannot be made to any
bidder who has not satisfied the equal employment requirements.
I.10 ORDER OF PRECEDENCE
The contract awarded as a result of this IFB will contain the following clause:

ORDER OF PRECEDENCE

A conflict in language shall be resolved by giving precedence to the document in the highest
order of priority that contains language addressing the issue in question. The following
documents are incorporated into the contract by reference and made a part of the contract in the
following order of precedence:

(1) An applicable Court Order, if any
(2) Contract document
(3) Standard Contract Provisions
(4) Contract attachments other than the Standard Contract Provisions
(5) IFB, as amended
(6) Bid

I.11 DISPUTES

Delete clause 14, Disputes, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts and substitute the following
clause 14, Disputes, in its place:
30

14. Disputes
All disputes arising under or relating to the contract shall be resolved as provided herein.
(a) Claims by the Contractor against the District: Claim, as used in paragraph (a) of
this clause, means a written assertion by the Contractor seeking, as a matter of right,
the payment of money in a sum certain, the adjustment or interpretation of contract
terms, or other relief arising under or relating to the contract. A claim arising under
a contract, unlike a claim relating to that contract, is a claim that can be resolved
under a contract clause that provides for the relief sought by the claimant

(1) All claims by a Contractor against the District arising under or relating to a contract
shall be in writing and shall be submitted to the CO for a decision. The Contractor’s
claim shall contain at least the following:

(i) A description of the claim and the amount in dispute;
(ii) Data or other information in support of the claim;
(iii)A brief description of the Contractor’s efforts to resolve the dispute prior to
filing the claim; and
(iii) The Contractor’s request for relief or other action by the CO.

(2) The CO may meet with the Contractor in a further attempt to resolve the claim by
agreement.

(3) The CO shall issue a decision on any claim within 120 calendar days after receipt of the
claim. Whenever possible, the CO shall take into account factors such as the size and
complexity of the claim and the adequacy of the information in support of the claim
provided by the Contractor.

(4) The CO’s written decision shall do the following:

(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings
of fact, although specific findings of fact are not required and, if
made, shall not be binding in any subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine
the amount of monetary settlement, the contract adjustment to be
made, or other relief to be granted;
(vi) Indicate that the written document is the CO’s final decision; and
(vii) Inform the Contractor of the right to seek further redress by
appealing the decision to the Contract Appeals Board.

(5) Failure by the CO to issue a decision on a contract claim within 120 days of receipt of
the claim will be deemed to be a denial of the claim, and will authorize the
commencement of an appeal to the Contract Appeals Board as provided by D.C.
Official Code § 2-360.04.

31

(6) If a contractor is unable to support any part of its claim and it is determined that
the inability is attributable to a material misrepresentation of fact or fraud on the
part of the Contractor, the Contractor shall be liable to the District for an
amount equal to the unsupported part of the claim in addition to all costs to the
District attributable to the cost of reviewing that part of the Contractor’s claim.
Liability under this paragraph (a)(6) shall be determined within six (6) years of
the commission of the misrepresentation of fact or fraud.

(7) Pending final decision of an appeal, action, or final settlement, the Contractor shall
proceed diligently with performance of the contract in accordance with the decision of
the CO.

(b) Claims by the District against the Contractor: Claim as used in paragraph (b) of
this clause, means a written demand or written assertion by the District seeking, as a
matter of right, the payment of money in a sum certain, the adjustment of contract
terms, or other relief arising under or relating to the contract. A claim arising under
a contract, unlike a claim relating to that contract, is a claim that can be resolved
under a contract clause that provides for the relief sought by the claimant.

(1) The CO shall decide all claims by the District against a contractor arising under or
relating to a contract.

(2) The CO shall send written notice of the claim to the contractor. The CO’s
written decision shall do the following:

(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings of
fact, although specific findings of fact are not required and, if made,
shall not be binding in any subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine the
amount of monetary settlement, the contract adjustment to be made, or
other relief to be granted;
(vi) Indicate that the written document is the CO’s final decision; and
(vii) Inform the Contractor of the right to seek further redress by
appealing the decision to the Contract Appeals Board.

(3) The CO shall support the decision by reasons and shall inform the
Contractor of its rights as provided herein.

(4) Before or after issuing the decision, the CO may meet with the Contractor to
attempt to resolve the claim by agreement.

(5) The authority contained in this paragraph (b) shall not apply to a claim or
dispute for penalties or forfeitures prescribed by statute or regulation which
another District agency is specifically authorized to administer, settle or
determine.

32

(6) This paragraph shall not authorize the CO to settle, compromise, pay, or
otherwise adjust any claim involving fraud.

(c) Decisions of the CO shall be final and not subject to review unless the Contractor
timely commences an administrative appeal for review of the decision, by filing a
complaint with the Contract Appeals Board, as authorized by D.C. Official Code § 2-
360.04.

(d) Pending final decision of an appeal, action, or final settlement, the Contractor
shall proceed diligently with performance of the contract in accordance with the
decision of the CO.

I.12 CHANGES
Delete clause 15, Changes, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts and substitute the following
clause 15, Changes, in its place:
15. Changes:

(a) The CO may, at any time, by written order, and without notice to the surety, if any, make
changes in the contract within the general scope hereof. If such change causes an increase
or decrease in the cost of performance of the contract, or in the time required for
performance, an equitable adjustment shall be made. Any claim for adjustment for a
change within the general scope must be asserted within ten (10) days from the date the
change is ordered; provided, however, that the CO, if he or she determines that the facts
justify such action, may receive, consider and adjust any such claim asserted at any time
prior to the date of final settlement of the contract. If the parties fail to agree upon the
adjustment to be made, the dispute shall be determined as provided in clause 14 Disputes.

(b) The District shall not require the Contractor, and the Contractor shall not require a
subcontractor, to undertake any work that is beyond the original scope of the contract or
subcontract, including work under a District-issued change order, when the additional work
increases the contract price beyond the not-to-exceed price or negotiated maximum price
of this contract, unless the CO:

(1) Agrees with Contractor, and if applicable, the subcontractor on a price for the
additional work;
(2) Obtains a certification of funding to pay for the additional work;
(3) Makes a written, binding commitment with the Contractor to pay for the
additional work within 30-days after the Contractor submits a proper invoice;
and
(4) Provides the Contractor with written notice of the funding certification.

(c) The Contractor shall include in its subcontracts a clause that requires the Contractor to:

(1) Within 5 business days of its receipt of notice the approved additional funding,
provide the subcontractor with notice of the amount to be paid to the
subcontractor for the additional work to be performed by the subcontractor;
33

(2) Pay the subcontractor any undisputed amount to which the subcontractor is
entitled for the additional work within 10 days of receipt of payment from the
District; and
(3) Notify the subcontractor and CO in writing of the reason the Contractor
withholds any payment from a subcontractor for the additional work.

(d) Neither the District, Contractor, nor any subcontractor may declare another party to be in
default, or assess, claim, or pursue damages for delays, until the parties to agree on a price
for the additional work.

I.13 NON-DISCRIMINATION CLAUSE
Delete clause 19, Non-Discrimination Clause, of the Standard Contract Provisions dated July 2010 for
use with District of Columbia Government Supplies and Services Contracts and substitute the
following clause 19, Non-Discrimination Clause, in its place:
19. Non-Discrimination Clause:

(a) The Contractor shall not discriminate in any manner against any employee or applicant for
employment that would constitute a violation of the District of Columbia Human Rights
Act, effective December 13, 1977, as amended (D.C. Law 2-38; D.C. Official Code § 2-
1401.01 et seq.) (“Act”, as used in this clause). The Contractor shall include a similar
clause in all subcontracts, except subcontracts for standard commercial supplies or raw
materials. In addition, the Contractor agrees, and any subcontractor shall agree, to post in
conspicuous places, available to employees and applicants for employment, a notice
setting forth the provisions of this non-discrimination clause as provided in section 251 of
the Act.

(a) Pursuant to Mayor’s Order 85-85, (6/10/85), Mayor’s Order 2002-175 (10/23/02), Mayor’s
Order 2011-155 (9/9/11) and the rules of the Office of Human Rights, Chapter 11 of Title
4 of the D.C. Municipal Regulations, the following clauses apply to the contract:

(1) The Contractor shall not discriminate against any employee or applicant
for employment because of actual or perceived: race, color, religion,
national origin, sex, age, marital status, personal appearance, sexual
orientation, gender identity or expression, family responsibilities, genetic
information, disability, matriculation, political affiliation, or credit
information. Sexual harassment is a form of sex discrimination which is
prohibited by the Act. In addition, harassment based on any of the above
protected categories is prohibited by the Act.

(2) The Contractor agrees to take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without
regard to their actual or perceived: race, color, religion, national origin,
sex, age, marital status, personal appearance, sexual orientation, gender
identity or expression, family responsibilities, genetic information,
disability, matriculation, political affiliation, or credit information. The
affirmative action shall include, but not be limited to the following:

(a) employment, upgrading or transfer;
34

(b) recruitment, or recruitment advertising;
(c) demotion, layoff or termination;
(d) rates of pay, or other forms of compensation; and
(e) selection for training and apprenticeship.

(3) The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the
contracting agency, setting forth the provisions in paragraphs 19(b)(1) and
(b)(2) concerning non-discrimination and affirmative action.

(4) The Contractor shall, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants
will receive consideration for employment pursuant to the non-
discrimination requirements set forth in paragraph 19(b)(2).

(5) The Contractor agrees to send to each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the contracting
agency, advising the said labor union or workers’ representative of that
contractor’s commitments under this nondiscrimination clause and the
Act, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.

(6) The Contractor agrees to permit access to its books, records, and accounts
pertaining to its employment practices, by the Chief Procurement Officer
or designee, or the Director of the Office of Human Rights or designee,
for purposes of investigation to ascertain compliance with the Act, and to
require under terms of any subcontractor agreement each subcontractor to
permit access of such subcontractors’ books, records, and accounts for
such purposes.

(7) The Contractor agrees to comply with the provisions of the Act and with
all guidelines for equal employment opportunity applicable in the District
adopted by the Director of the Office of Human Rights, or any authorized
official.

(8) The Contractor shall include in every subcontract the equal opportunity
clauses, i.e., paragraphs 19(b)(1) through (b)(9) of this clause, so that such
provisions shall be binding upon each subcontractor.

(9) The Contractor shall take such action with respect to any subcontract as the CO
may direct as a means of enforcing these provisions, including sanctions for
noncompliance; provided, however, that in the event the Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the contracting agency, the Contractor may request
the District to enter into such litigation to protect the interest of the District.

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I.14 COST AND PRICING DATA

Delete clause 25, Cost and Pricing Data, of the Standard Contract Provisions dated July 2010 for use
with District of Columbia Government Supplies and Services Contracts.

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SECTION J: ATTACHMENTS

The following list of attachments is incorporated into the solicitation and resulting contract by reference.

Attachme
nt
Number
Document
J.1
Government of the District of Columbia Standard Contract Provisions for Use with the
Supplies and Services Contracts (July 2010) available at https://ocp.dc.gov, under Quick
Links on Required Solicitation Documents”
J.2 U.S. Department of Labor Wage Determination No. 2015-4281, Revision No.35, dated
12/3/25
J.3
Way to Work Amendment Act of 2006 - Living Wage Notice
available at https://ocp.dc.gov/, under Quick Links click on “Required Solicitation
Documents”
J.4
Way to Work Amendment Act of 2006 - Living Wage Fact Sheet
available at https://ocp.dc.gov/, under Quick Links click on “Required Solicitation
Documents”
J.5 Notice of Prohibition of Sexual Harassment in the Workplace