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CA26-0007 • 2025

Proposed Contract with Geographic Solutions, Inc. to Contract No. CW119873

Proposed Contract with Geographic Solutions, Inc. to Contract No. CW119873

Labor
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
at the request of the Mayor
Last action
2025-01-07
Official status
Deemed Approved
Effective date
Not listed

Plain English Breakdown

The official source material does not provide information about employees using the Paid Family Leave system being affected by this contract.

Proposed Contract for Paid Family Leave System Services

The bill proposes to approve a contract between Geographic Solutions, Inc. and the District of Columbia for operations and maintenance services related to the Paid Family Leave Benefits Administration System.

What This Bill Does

  • Approves a $1,114,800 contract with Geographic Solutions, Inc. for one year from October 3, 2024, through October 2, 2025.
  • Allows for four option periods if the District chooses to extend the services beyond the initial period.
  • Requires Geographic Solutions, Inc. to provide operations and maintenance for the Paid Family Leave Benefits Administration System.

Who It Names or Affects

  • The District of Columbia government
  • Geographic Solutions, Inc.

Terms To Know

Paid Family Leave Benefits Administration System (PFLBAS)
A system that manages and provides benefits for employees taking paid family leave.
Option Period
An additional period of time the District can choose to extend the contract beyond its initial term.

Limits and Unknowns

  • The bill does not specify what happens if Geographic Solutions, Inc. fails to meet performance standards.
  • It is unclear how many employees will be affected by this service.
  • There are no details on how the subcontracting plan will be implemented or monitored.

Bill History

  1. 2025-01-07 Council of the District of Columbia LIMS

    CA26-0007 Introduced by Chairman Mendelson at Office of the Secretary

  2. 2025-01-07 Council of the District of Columbia LIMS

    Retained by the Council with comments from the Committee on Executive Administration and Labor

Official Summary Text

Proposed Contract with Geographic Solutions, Inc. to Contract No. CW119873

Current Bill Text

Read the full stored bill text 
MURIEL BOWSER
MAYOR
January 7, 2025
The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
1350 Pennsylvania Avenue NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1-
204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code §
2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is
proposed definitive Contract No. CW119873 with Geographic Solutions, Inc. in the amount of
$1,114,800. The period of performance is October 3, 2024, through October 2, 2025.
Under the proposed contract, Geographic Solutions, Inc. will continue to provide operations and
maintenance services to the District’s Paid Family Leave Benefits Administration System.
My administration is available to discuss any questions you may have regarding the proposed
contract. 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 look forward to the Council’s favorable consideration of this contract.
Sincerely,
Muriel Bowser
1

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement

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

COUNCIL CONTRACT SUMMARY
(Letter Contract or Emergency Contract)

(A) Contract Number: CW119873

Proposed Contractor: Geographic Solutions, Inc

Proposed Contractor’s Principals: Paul Toomey

Contract Amount: $1,114,800.00

Unit and Method of Compensation: Fixed Unit Price

Term of Contract: October 3, 2024, through October 2, 2025

Type of Contract: Firm Fixed Price

Source Selection Method: Exempt from Competition

(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 explain the reason for the difference:

Base Period Amount: $1,114,800.00

Option Period 1 Amount: $1,148,244.00
Explanation of difference from base period (if applicable): The amount is increased from
the base period due to the increase in the number of licenses in option period one.

Option Period 2 Amount: $1,182,691.00
Explanation of difference from base period (if applicable): The amount is increased from the
base period due to the increase in the number of licenses in option period two.

Option Period 3 Amount: $1,218,172.00
2

Explanation of difference from base period (if applicable): The amount is increased from the
base period due to the increase in the number of licenses in option period three.

Option Period 4 Amount: $1,254,717.00
Explanation of difference from base period (if applicable): The amount is increased from the
base period due to the increase in the number of licenses in option period four.

(C) The date on which the letter contract or emergency contract was executed:

October 3, 2024

(D) The number of times the letter contract or emergency contract has been extended:

Zero

(E) The value of the goods and services provided to date under the letter contract or emergency
contract, including under each extension of the letter contract or emergency contract:

$278,700.00

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

Geographic Solutions, Inc. is the current vendor for the PFLBAS contract (CW76223), along with
the contract (CW83798) for Job spider web hosting and maintenance support services

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

Geographic Solutions, Inc. shall continue providing The Paid Family Benefits Administration
Systems operations and maintenance.

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

The Office of Contracting and Procurement issued an exempt from competition invitation for bid
(IFB) (Doc729645 The Paid Family Benefits Administration System (PFLBAS): Operations and
Maintenance). The IFB was issued via email on July 30, 2024, and closed on August 6, 2024 at
2:00 pm. OCP received Geographic Solutions, Inc. bid on August 6, 2024. After review and
approval of the bid received, it was determined that Geographic Solutions, Inc. met the
requirements. Using the statutory exemption from competition for the maintenance and support of
existing software and technology (D.C. Official Code § 2-354.13(8) was the most advantageous
method to meet DOES’s requirements.

(I) 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
3

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:

No protest relating to the award of this contract has been filed.

(J) 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:

Geographic Solutions, Inc. is a business and technology consulting company. Geographic Solutions
specializes in developing and maintaining online software for the workforce development,
economic development, education, corrections, human services, and unemployment insurance
industries. Geographic Solutions, Inc. can comply with the required or proposed delivery or
performance schedule, considering all existing commercial and governmental business
commitments.

(K) 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:

Geographic Solutions is required to subcontract 12.5% of the contract $139,350.00. The
subcontracting plan was submitted to the Department of Small and Local Business Development.
Waiver WR-5527 was approved by the Department of Small and Local Business Development.

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

DOES will regularly and routinely monitor Geographic Solutions, Inc.’s performance. The expected
outcome of the proposed contract is for Geographic Solutions, Inc. to provide a Paid Family
Benefits Administration System (PFLBAS): Operations and Maintenance for the Department of
Employment Services.

(M) 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:

$278,700.00 Letter contract October 3, 2024

(N) 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:

On August 26, 2024, the Agency Fiscal Officer certified that sufficient funding is available.

4

(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 contractor has certified its compliance with these provisions.

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

The Office of the Attorney General has certified that the contract is legally sufficient. Geographic
Solutions, Inc. currently has no legal claims against the District.

(Q) 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
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):

According to the District’s Clean Hands certification dated November 14, 2024, the contractor is
current with its District taxes.

(R) 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:

Based on information in the Bidder/Offeror certification form, Geographic Solutions, Inc. has
certified that it is current with its federal taxes.

(S) 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.:

Geographic Solutions is not a certified local, small, or disadvantaged business enterprise.

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

None

(U) 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:

5

Based on search results of the District’s excluded parties list and the System for Award
Management database conducted on November 15, 2024, Geographic Solutions, Inc. is not
debarred or suspended from participating in federal or District procurement.

(V) 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 & Findings for Price Reasonableness
Determination & Findings for Contractor Responsibility

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

www.ocp.dc.gov

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

www.ocp.dc.gov

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GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE CHIEF FINANCIAL OFFICER
GOVERNMENT OPERATIONS CLUSTER
DEPARTMENT OF EMPLOYMENT SERVICES
Ag
ency Fiscal Officer
M E M O R A N D U M
TO: Unique Morris‐Hughes
Director
FROM: Shilonda Wiggins
Agency Fiscal Officer
DAT
E: December 13, 2024
FY 25 Funding Certification‐ Paid Family Leave Benefits System SUBJECT:
Maintenance
I am
certifying that the Department of Employment Services’ (DOES) has funding within
the FY 25 special purpose fund budget to support the DOES Paid Family Leave Benefits
system maintenance contract.
The
FY 25 certified amount is $1,114,800.00.
Cost
Center
Program Fund Award (If
applicable)
Award Description
(If applicable)
Amount
500170 50246 1060109 1,114,800.00
Total 1,114,800.00
Pleas
e contact me if you have any questions regarding this funding certification. I can be
reached via email at shilonda.wiggins@dc.gov.
4058 Mi
nnesota Ave, NE | Suite 5700 | Washington, DC 20019
eFax: (202) 698‐5729
Shilonda Wiggins
CW119873- Geographic Solutions
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: Sarina Loy
Deputy Director
Office of Policy and Legislative Affairs

FROM: Robert Schildkraut
Section Chief
Government Contracts Section

DATE: December 10, 2024

SUBJECT: Approval of Base Period for Paid Family Benefits Administration System
Operations and Support
Contract Number: CW119873
Contractor: Geographic Solutions, Inc.
Proposed Amount: $1,114,800.00

This is to Certify that this Office has reviewed the above- referenced Contract and that we have
found it to be legally sufficient.

If you have any questions in this regard, please do not hesitate to call me at (202) 724-4018.

______________________________
Robert Schildkraut

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement

Geographic Solutions, Inc.
2570 Coral Landings Blvd
Palm Harbor, Florida 34684

Re: Letter Contract No. CW
Caption: The Paid Family Benefits Administration System (PFLBAS)
Dear Mr. Paul Toomey:
1. This is a letter contract between the District of Columbia Office of Contracting and
Procurement (OCP), on behalf of The District of Columbia Department of Employment
Services and Geographic Solutions, Inc., referred to as the Contractor, wherein the
Contractor agrees to provide the services to the District in accordance with the terms and
conditions under this letter contract.

2. This is a Firm Fix Price.

3. The District intends to definitize this letter contract within 90 calendar days from the date
of execution by the Contracting Officer, at which time this Letter Contract shall merge
with the Definitized Contract. Before the expiration of the 90 days, the Contracting
Officer may authorize an additional period in accordance with District of Columbia
Municipal Regulations (DCMR) Title 27, Section 2425.8. The total anticipated base
period cost for the definitive contract is not to exceed (NTE) $1,114,800.00.

4. If the District does not define this letter contract within 90 calendar days from the date of
execution or any extensions thereof, this letter contract shall expire. In the event of the
expiration of this letter contract, the District shall pay the Contractor for services
performed for an NTE amount of $278,700.00. The duration of the base period of the
definitized contract shall be from the date of this Letter Contract through October 2,
2025.

5. The maximum liability to the District to pay the Contractor for the services performed
under this Letter Contract shall not exceed $278,700.00. In no event shall the amount
paid under this Letter Contract, or any additional period thereof, exceed 50% of the
definitized contract base period amount.

One Judiciary Square, 441 4th Street NW - Suite 330 South, Washington, DC 20001
(202) 727-0252 Fax: (202) 727-0245
Letter Contract No. CW
6. The Contractor shall perform under this Letter Contract pursuant to the terms of the
following documents, which are hereby incorporated by reference and made a part of this
Letter Contract. In the event of a conflict among the incorporated documents, the conflict
shall be resolved by giving precedence to the documents in the order listed below. The
District contractual document and standard contract provisions supersede all other
contractual requests.

a) This Letter Contract.
b) Statement of Work, Attachment A

7. This letter contract shall be subject to the following:

a. Appropriation of funds;

Agreed to by :
Contractor District of Columbia
Office of Contracting and Procurement
By: By:
Name: Paul Toomey Name: Heather S. Reynolds-White
Title: President Title: Contracting Officer
Date: 10/1/2024 Date: 10/3/2024

One Judiciary Square, 441 4th Street NW - Suite 330 South, Washington, DC 20001
SECTION C: SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE:

The District of Columbia Department of Employment Services (the “District”) is awarding a contract to
support the operations and maintenance of the Paid Family Benefits Administration System (PFLBAS) for
the District of Columbia Paid Family Leave (PFL) program. The PFL Benefits Administration System is an
online portal for internal and external users and is the primary system for the processing of Parental, Family,
Medical, and Prenatal leave claims. The PFLBAS supports claimant registration and claim filing, account
maintenance, claim determinations, adjudication, identity verification, fraud investigations, recovery, quality
assurance, and document uploads, and serves as the primary internal and external messaging tool for
employees, claimants, and employers.

C.2 APPLICABLE DOCUMENTS

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

C.3 DEFINITIONS

C.3.1 Service Level Agreement Terms

Item
No.
Document
Type
Title Reference
1 Law Universal Paid Leave
Amendment Act
2016
https://code.dccouncil.us/dc/council/
code/titles/32/chapters/5/subchapters /IV/
2 Regulation
s
Title 7 Employment
Benefits
https://dcregs.dc.gov/Common/DC
MR/RuleList.aspx?ChapterNum=7-
34.
3 Law Subchapter IV.
Universal Paid Leave
https://code.dccouncil.gov/us/dc/cou
ncil/code/titles/32/chapters/5/subcha pters/IV
4 Law Unemployment
Compensation Title
51
§§ 51-101 – 51-178
https://code.dccouncil.gov/us/dc/cou
ncil/code/titles/51/chapters/1
5 Legacy
Contract
CW
6 Policies OCTO Policies https://octo.dc.gov/itpolicies

7 Language
Access
District of Columbia
Language Access Act
https://code.dccouncil.gov/us/dc/council/code/titles/2/cha
pters/19/subchapters/II
a. Low Priority: minor cosmetic or other non -functional defect or issue that has minimal impact
on PFLBAS functionality or the end -user experience. These types of issues can affect one or
multiple PFLBAS users and a workaround is readily available.

b. Medium Priority: Defects that cause inconvenience or disruption to one or more PFLBAS
users but do not significantly impact core functionality. Workarounds may exist but are not
ideal.

c. High Priority: Defects that significantly impact core functionality or user experience for a
large number of users. Immediate resolution is needed to avoid major disruptions or to
otherwise restore the system to a state of good and normal order.

d. Critical Priority: Critical defects that cause a system outage or issues that interfere with user
login, day -to-day workflow , or payment distribution. The Critical Priority also applies to
issues or defects that result in compromised data or data loss. This also includes incidents
where security vulnerabilities necessitate urgent corrective action. These types of issues or
defects require immediate action to minimize damage and/or restore service.
C.3.2 Other Definitions

a. Workaround - a process or procedure that is documented, approved, or has been an
established process through the course of performance. Workarounds bypass a known
defect or limitation in the PFLBAS that has not yet been addressed or achieved a desired
functionality not available in the standard PFLBAS configuration.

b. Application Layer Resources include but is not limited to:

i. Databases
ii. Middleware
iii. Frameworks
iv. Libraries
v. Runtime environments
vi. Security
vii. APIs

c. Production Environment – a live environment where the PFLBAS is deployed and
accessible to end users. This environment must ensure the accurate functioning of all
business processes to support continuous business operations and provide a seamless
experience for end-users.

d. User Acceptance Testing Environment – a replica of the Production Environment used for
user acceptance testing by the District. It is used by District end users to verify that the
code, system, or issue fixes or enhanced system functionality meets the requirements,
performs as expected, and produce the desired results or outcomes before production
deployment, and for other test purposes. The client will utilize this environment after the
contractor has conducted testing through the contractor’s internal testing environment.

e. Training Environment – a non- production environment used exclusively for training
activities by the District. This environment should be a replica of the production
environment to provide realistic and practical hands -on training for users, The training
environment must include the same software versions, configurations, and data structures as
the production environment. The environment shall include all the necessary integrations
and dependencies and be populated with up- to-date data that is representative of the actual
data in the production environment.

f. Staging Environment – a non- production environment used by the District to validate
releases before deploying changes to the production environment. It must closely mirror the
production environment in terms of hardware, software, configurations, and data structures
to ensure that all updates, new features, bug fixes, and integrations function correctly and
meet all quality standards.

C.4 BACKGROUND

The mission of the Department of Employment Service’s Office of Paid Family Leave (OPFL) is to
administer a paid leave program for the District of Columbia under the provisions of the Universal
Paid Leave Amendment Act of 2016. The OPFL is comprised of a Tax Division and a Benefits
Division for tax collection and benefits administration, respectively. To administer Paid Family
Leave Benefits, the District must maintain an electronic platform for individuals to register, submit
claims, and upload necessary documentation for review and adjudication by the District.

In 2019, the District procured services from a contractor through contract No. CW76223 to build,
customize, and implement a Paid Family Benefits Administration System by July 1, 2020. The
District is now seeking a contractor to support the operations and maintenance of the PFLBAS
following the system life cycle management standards.

C.5 REQUIREMENTS

The contractor shall provide PFLBAS operations and maintenance services as listed in the following
section:

C.5.1 PFLBAS Framework and Upkeep

The contractor shall:
a. Maintain continuity of all licenses needed to operate Application Layer Resources and the
PFLBAS system overall.
b. Continuously monitor the performance functionality and security of Application Layer
Resources.
c. Evaluate the need for upgrades to application layer resources based on factors such as
security vulnerabilities, performance bottlenecks, and compatibility issues.
d. Recommend and implement upgrades to Application Layer Resources as appropriate.
e. Maintain compatibility with existing workflows and functionality during upgrades.
f. Provide updated documentation for any architectural design, workflows and database
documentation.
g. Document the upgrade process and provide training to the Client's personnel.
h. Ensure the PFLBAS Production Environment remains online, in a state of good order, and
remains publicly accessible 24 hours/day, 365 days of the year.
i. Perform regular maintenance to ensure consistent and reliable system operation for all
system environments.
j. Keep the District and program stakeholders informed of system deployment schedules
and any required changes.
k. Maintain continuity and provide enhancements when needed to remain in compliance
with the District of Columbia’s Language Access Act.

C.5.2 PFLBAS Solution Maintenance

a. The contractor shall make the necessary changes to the PFLBAS to fix defects, errors, or
issues that have been identified by either the contractor or District personnel, to rectify
problems and bring the PFLBAS back to its intended functionality. The contractor shall
make a reasonable attempt to resolve all reported issues within the required time frame
based on issue priority as noted by the SLA requirements in C.8.

b. The contractor shall make modifications to the PFLBAS to meet evolving requirements,
including all new and existing requirements that derive as a result of legislative
amendments.

c. The contractor shall promptly inform the District and program stakeholders of any defects,
errors, or issues detected internally that could impact end users. The contractor shall provide
detailed reporting including an estimated time frame for the related fixes along with the
means for the program to track the progress of issue resolution.

C.5.3 PFLBAS Solution Operations Support and infrastructure-related services

The contractor shall:

a. Provide technical assistance/support services which should include all technical system
support of the ongoing activity that provides continuity of the PFLBAS functions of DOES. It
includes the process of keeping functions operative and responsive to user needs in
accordance with all Program Requirements and District of Columbia Requirements. The
District of Columbia PFLBAS and Interfaces are required to be in compliance with all
District of Columbia technology requirements (OCTO, DOES, and Security and Safety).
Adherence to technology requirements includes meeting all always-required security
requirements.

b. Maintain four discrete software environments: a customer-facing Production Environment, an
internal User Acceptance Testing Environment, a Training Environment, and a Staging
Environment.

c. Monitor nightly/weekly production jobs and provide a detailed summary of corrective action
as part of the transfer of knowledge to DOES OIT personnel.

d. Perform generalized services and support of infrastructure as needed.

C.5.4 PFLBAS Solution Enhancements / Small:

The contractor shall provide:

Small enhancements are custom PFLBAS solutions or services that can be implemented
with a modest amount of design, testing, and analysis. Such changes shall be
implemented at no cost to the District. The scope of services rendered for small
enhancements includes:

a. Design, development, testing, and quality assurance activities.

b. Integration and implementation services for small PFLBAS enhancements.

c. Textual updates to forms, determination letters, system- generated notices, and
messaging in the PFLBAS portal, including the applications for all leave categories.

d. Cosmetic changes to the PFLBAS to ensure alignment with the program’s branding
strategy, including design elements and program -specific functionality (i.e. calendar
functionality, etc.)

e. Development and modification of reports housed in the PFLBAS and data requests to
meet evolving program needs.

C.5.5 PFLBAS Solution Enhancements / Major:

The contractor shall provide:

Major enhancements include the design and development of new or substantially different
functionality. Major enhancements may also include substantial upgrades. These types of
enhancement will be established through contract modification. These services may include:
a. Development of major initiatives/enhancements to the PFLBAS including business
process analysis, design or redesign, development, testing, and quality assurance
activities.
b. Integration and implementation services for major PFLBAS enhancements.
c. Performance improvements.
d. User interface enhancements or changes.
e. New integration with other systems not already integrated with the PFLBAS.
f. New technology enablement.
g. New framework components such as a rules engine, test suites, etc.

C.6 Reporting:

a. The contractor shall cooperate with and support the District to produce and provide reports or
access to information it cannot independently obtain. The contractor is responsible for
maintaining on-demand reports listed under the Deliverables Section (F.3).
b. The Contractor shall assist the District in producing ad -hoc reports to aid with incident
analysis and request for data extracts, upon request.
c. The contractor shall maintain all system-generated reports in a state of good order.
d. The contractor shall ensure that system -generated reports are accurate and faithfully
summarize database-level information.
C.7 Key Personnel
The contractor shall ensure that the key personnel listed below are available to support the
PFLBAS maintenance and operations on a full-time basis. The contractor shall also ensure
that the key personnel have the necessary skills, experience, and qualifications to perform
their assigned duties under this contract.

The contractor shall immediately notify the District if any key personnel become unable or
unavailable to perform their duties and provide a replacement with equal or superior
qualifications.
The District reserves the right to approve or disapprove the replacement before they assume
active duties. The contractor's key personnel are as follows:

a. Project Manager
b. Lead/Senior Business Analyst
c. Technical Lead (Architecture, Development and Deployment)
d. Quality Assurance and Test Lead
C.8 SERVICE LEVEL AGREEMENT (SLA)
The following table summarizes the service level that the contractor shall provide for maintaining the
PFLBAS system:

No. Service Requirement Measurement Service Level
1 Problem Response
Time- Critical
Average Response Time for Urgent Priority
Problems.
<1 hour
2 Problem Response
Time- High, Medium,
or Low
Average Response Time for High, Medium, or
Low Priority Problems.
<2 hour
3 Problem Resolution
Time- Critical
Resolution Time for each Critical Priority
Problem
<24 hour
4 Problem Resolution
Time- High
Resolution Time for High-Priority Problem <48 hour
5 Problem Resolution
Time- Medium
Resolution Time for Medium Priority Problem <60 hour
6 Problem Resolution
Time- Low
Resolution Time for Low-Priority Problem <120 hour
8 Network data
availability
No Data Loss 100%
9 Scheduled
Downtime/Maintenance
Scheduled maintenance and downtime shall
only occur during non-business hours and
shall not exceed ten (10) hours per thirty (30)
calendar days. The Contractor shall provide
five (5) calendar days’ notice and approval
prior to any scheduled downtime.
<10 hours
each month
10 Unplanned
Emergency Downtime
Unplanned emergency downtime requires
District approval

11 System Response Time Process 95% of the System’s online transactions
as follows:
a. Within 1 second for a transaction that
do not change data and
b. Within one (1) second for transactions
that add, update, or delete data.
The SLA credits for this measurement are
aggregated
<95%
12 On-Time Batch
Processing
The system shall remain available during batch
processing 99% of the time.
99%
13 Disaster Recovery Contractor shall provide recovery and
continuity of operation within 8 hours of a
System network failover
Failure to
recover
within 8
hours of
failure is at
the sole
fault of the
Contractor
14 Offline Document
Processing
The contractor shall populate customer
document folders with documents created by
District staff, offline, within 24 hours of
receiving a request for help with offline
document processing. The contractor shall first
make the documents available for inspection in
the user acceptance environment before
deployment to Production. The contractor will
be held harmless for delays caused by District
staff in reviewing the deployment at the user
acceptance phase.
<24 hours

The contractor shall submit a monthly report outlining system availability, response time to incidents,
and resolution time for incidents that may have occurred. The report shall document compliance with
the SLA Section and instances where the system or contractor deviated from the SLA. The report shall
include a comprehensive analysis to explain any unplanned downtime or when urgent issues arise. The
report shall capture the SLA reporting for the preceding calendar month, and it shall be emailed to the
Contract Administrator monthly, on the first business day of the month. The CA will monitor, and
review contractor performance based on these monthly SLA reports.
C.9 CONTINUITY OF SERVICE
The Contractor recognizes that the services under this contract are vital to the District and shall be
continued without interruption and that, upon Contract expiration the District may continue them.

a. The contractor shall furnish phase-in training services as requested by the District within the first 90
days of the contract term, and phase -out training services as requested by the District within the last
90 days of the contract term.
b. The contractor shall exercise its best efforts and cooperation to effect an orderly and efficient
transition to the District and/or a successor vendor at the conclusion of the contract term.

c. The Contractor shall provide a phase -in transition plan no later than 30 days after the signing of this
contract. The purpose of the phase -in plan is to provide the District with a baseline system
assessment, which should provide evidence of a thorough system performance review completed by
the contractor along with recommendations for optimization opportunities as appropriate.

d. The contractor shall also provide a phase-out transition plan within the first 180 days. The phase -out
transition plan shall include comprehensive documentation covering system architecture, system
components, system functionalities, use cases, operational procedures, business rules logic, and
configuration documentation. Such documentation shall be detailed enough to provide the District
and/or successor vendor with the information and resources needed to support the PFL Benefits
Administration System after the contract period expires.

e. The contractor shall, upon the Contracting Officer’s written notice, furnish phase -in, and phase-out
services for up to 90 days prior to the expiration of this contract. These services shall include a plan
specifying a training program and a date for transferring responsibilities to each division for work
described in the plan and shall be subject to the contract administrator and Contracting Officer’s
approval. The Contractor shall provide the necessary resources during
the phase -in, and phase-out period to ensure that the services called for by this Contract are
maintained at the required level of proficiency.
f. The contractor shall help the successor maintain the continuity and consistency of the services
required by this Contract.
C.10 DISASTER RECOVERY
a. The contractor shall maintain disaster avoidance procedures designed to safeguard the PFLBAS data
and other confidential information and the availability of application operations and maintenance
services, in each case throughout the contract term.
b. The Contractor shall have robust compliant contingency and Disaster Recovery (DR) plans in place
to ensure that the services provided under this contract will be maintained in the event of a disruption
to the Contractor/subcontractor’s operations (including, but not limited to, disruption to information
technology systems), however, caused.
c. The contingency and DR plans shall be designed to ensure that services under this contract are
restored after a disruption within twenty-four (24) hours from notification.
d. The contractor shall conduct a contingency/DR simulation in concert with District staff at least once
per year to identify any changes that need to be made to the plan(s) to ensure a minimum interruption
of service. Coordination shall be made with the District to ensure limited system downtime when
testing is conducted. The contractor agrees to furnish a report outlining the successes and or failures
encountered with contingency/DR simulations. The report will recommend appropriate process
modifications.
e. Contingency and DR plans shall be available for the District to inspect and practically test at any time
and shall be subject to regular updating, revising, and testing by the contractor throughout the term of
the contract.
District personnel may conduct an independent security review of the PFL Benefits Administration System
on an annual basis and may request information or support from the contractor in furtherance of its review.
The contractor shall make reasonable efforts to comply with requests by District personnel in relation to
security reviews.
Letter Contract- PFLBAS-Geographic Solutions
Inc_pt
Final Audit Report 2024-10-03

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Created:
By:
Status:
2024-10-03
Ivan.Thomas1@dc.gov Ivan.Thomas1@dc.gov (ivan.thomas1@dc.gov)
Signed
Transaction ID:
CBJCHBCAABAA-EQm8QN4KqfqbZ32vSI9BTTdmlEfWDPF
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OfficeofContractingandProcurement
kkk
ae
EEE
December17,2024
GeographicSolutions,Inc.
2570CoralLandingsBlvd
PalmHarbor,Florida34684
LetterContractNo.CW119873-ModificationNo.1
ThePaidFamilyBenefitsAdministrationSystem(PFLBAS)

DearMr.PaulToomey,
1, The lettercontractNo. CW119873 betweenThe Governmentofthe DistrictofColumbia,
Officeof Contractingand Procurement(OCP), on behalfof the OfficeofUnified
Communication,isextendedtoJanuary31,2025.
2. TheDistrictintendstodefinitizethislettercontractbeforeFebruary28,2025,bythe
ContractingOfficer,atwhichtimethisLetterContractshallmergewiththeDefinitized
Contract.
3. Allothertermsand conditionsremainunchanged.

Agreedtoby:Contractor DistrictofColumbia} OfficeofContractingandProcurement
(eatherAaypolleBy: By
Name:PaulTooffey Name:HeatherReynolds
Title:President Title:ContractingOfficer
Date:12/17/24 pate:12/17/2024

‘OneJudiciarySquare,4414thStreetNW- Suite330South,Washington,DC 20001(202)727-0252Fax:(202)727-0245,
LetterContract- PFLBAS-Geographic Solutions
nc_ Dec 2024_PTFinalAuditReport 2024-12-17

Created: 2024-12-17
By: Ivan.Thomas@dc-govIvan.Thomas'@dc-gov(ivan.thomas'@dc.gov)
Signed
(CBUCHBCAABAADghCKDVEQhNDBatZwz_sOwrkhZnDVoU

"LetterContract- PFLBAS-Geographic Solutions Inc_ Dec 2024_
PT" History
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AWARD/CONTRACT
1. Solicitation Number Page of Pages
Doc729645 1 64
2. Contract Number 3. Effective Date 4. Requisition/Purchase Request/Project No.
CW119873 12/31/24
5. Issued By: Code 6. Administered by (If other than line 5)
Office of Contracting and Procurement
Information Technology Division
441 4th Street, N.W.; Suite 330 South
Washington, DC 20001
Department of Employment Services
4058 Minnesota Avenue NW
Washington, DC 20019

7. Name and Address of Contractor (No. Street, city, county, state, and Zip Code)
Geographic Solutions, Inc.
2570 Coral Landings Blvd.
Palm Harbor, Florida 34684
Phone: 727.789.7955
8. Delivery
FOB Origin FOB Destination
9. Discount for prompt payment:
Net 30 days
10. Submit invoices to the address shown in Section G.2
(2 copies unless otherwise specified)
Same as Block 12 and Section G

11. Ship to/Mark For Code 12. Payment will be made by Code
Department of Employment Services
Attn: Blanca Bejarano
4058 Minnesota Avenue NW
Washington, DC 20019
In accordance with section F.3.3, Deliverables
Department of Employment Services
4058 Minnesota Avenue NW
Washington, DC 20019
13. Remit Address: 14. Accounting and Appropriation Data
ENCUMBRANCE CODE:
15A. Item 15B. Supplies/Services 15C. Qty. 15D. Unit 15E. Unit Price 15F. Amount
B.4 SEE SCHEDULE B on PAGE 2 $1,114,800.00
Total Amount of Contract  $1,114,800.00
16. Table of Contents
(X) Section Description Page (X) Section Description Page
PART I – THE SCHEDULE PART II – CONTRACT CLAUSES
X A Award/Contract 1 X I Contract Clauses 37-53
X B Contract Type, Supplies/Services, and
Price/Cost 2-5 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER
ATTACHMENTS
X C Specifications/Work Statement 6-15 X J Attachments 54
X D Packaging and marking 16 PART IV – REPRESENTATIONS AND INSTRUCTIONS
X E Inspection and Acceptance 17 Representations, Certifications, and Other
Statements of Contractors

X F Period of Performance and Deliverables 18-22
X G Contract Administration 23-28 Instructions, Conditions, & Notices to
Offerors

X H Special Contract Requirements 29-36 Evaluation Factors for Award
The 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.) The contractor agrees to furnish and deliver all items and 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, any amendments, and (c) such provisions,
representations, certifications, and specifications, as are attached or incorporated
by reference herein. (Attachments are listed herein.)
18. AWARD
(The contractor is not required to sign this document.) Your offer
on Solicitation Number: Doc328167, 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 on 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)
Paul Toomey, President
20A. Name of Contracting Officer
Heather Reynolds
19B. 19C. Date Signed
10/17/2024
20B. District of Columbia

(Signature of Contracting Officer)
20C. Date Signed

2
SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND
PRICE/COST
B.1 The District of Columbia Department of Employment Services (the “District”) is awarding a
contract to support the operations and maintenance of the Paid Family Benefits
Administration System (PFLBAS) for the District of Columbia Paid Family Leave (PFL)
program. The PFL Benefits Administration System is an online portal for internal and
external users and is the primary system for the processing of Parental, Family, Medical, and
Prenatal leave claims. The PFLBAS supports claimant registration and claim filing, account
maintenance, claim determinations, adjudication, identity verification, fraud investigations,
recovery, quality assurance, and document uploads and serves as the primary internal and
external messaging tool for employees, claimants, and employers.
This Contract is the definitized Contract to the Letter Contract CW119873 issued by the
District to Geographic Solutions, Inc. on October 03, 2024.

B.2 The District contemplates the award of a firm fixed price contract.

B.3 PRICE SCHEDULE

B.3.1 Base Year – One year from the date of the award

Contract
Line
Item No.
(CLIN)
Item Description Total Price
0001 PFL Benefits Administration System maintenance and
operations
$1,114,800.00
0002 Monthly SLA Reports Included
Grand Total for B.3.1
$1,114,800.00
B.3.2 Option Year One

CLIN Item Description Total Price
1001 PFLBAS Operations and Maintenance $1,148,244.00
1002 Monthly SLA Reports Included
Grand Total for B.3.2
$1,148,244.00
3
B.3.3 Option Year Two

CLIN Item Description Total Price
2001 PFLBAS Operations and Maintenance $1,182,691.00
2002 Monthly SLA Reports included
Grand Total for B.3.3
$1,182,691.00
B.3.4 Option Year Three

CLIN Item Description Total Price
3001 PFLBAS Operations and Maintenance $1,218,172.00
3002 Monthly SLA Reports included
Grand Total for B.3.4
$1,218,172.00
B.3.5 Option Year Four

CLIN Item Description Total Price
4001 PFLBAS Operations and Maintenance $1,254,717.00
4002 Monthly SLA Reports included
Grand Total for B.3.5
$1,254,717.00
B.3.6 PRICE SCHEDULE SUMMARY

Item No.

Period of Performance

Total Price
0001 Base Period $1,114,800.00
0002 Option Year One $1,148,244.00
0003 Option Year Two $1,182,691.00
0004 Option Year Three $1,218,172.00
0005 Option Year Four $1,254,717.00
Grand Total for B.3 $5,918,624.00
4

B.4 A bidder responding to this solicitation that is required to subcontract shall be required to
submit, with its bid, any subcontracting plan required by law. The offeror shall submit with
their bid the subcontracting plan for the base year total amount. The successful offeror shall
be required to submit a subcontracting plan required by law for each option period exercised
5
by the District. Bids responding to this solicitation shall be deemed nonresponsive and shall
be rejected if the bidder fails to submit a subcontracting plan that is required by law.
B.5 For contracts more than $250,000, at least 12.5% 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.6 SPECIAL PROVISION RELATED TO CITY ADMINISTRATOR’S ORDER 2022-3

Contractors who provide goods or perform services in person in District of Columbia facilities
or worksites (“On-site Contractors”) shall ensure that each of their employees, agents,
subcontractors, and supervised volunteers comply with City Administrator’s Order 2022-3,
Mask Requirements Inside Certain District Government Buildings and Offices, dated April 14,
2022, and all substantially similar mask requirements including any modifications to the Order,
unless and until they are rescinded.

B.7 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01 et seq.

B.7.1 Nonprofit organizations, as defined in the Act, shall include in their rates the indirect costs
incurred in the 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;

(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 cost rates in
accordance with 4.5.2; 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.7.2 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.
6
B.7.3 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.
7
SECTION C: SPECIFICATIONS/WORK STATEMENT
C.1 SCOPE:

The District of Columbia Department of Employment Services (the “District”) is awarding a
contract to support the operations and maintenance of the Paid Family Benefits Administration
System (PFLBAS) for the District of Columbia Paid Family Leave (PFL) program. The PFL
Benefits Administration System is an online portal for internal and external users and is the primary
system for the processing of Parental, Family, Medical, and Prenatal leave claims. The PFLBAS
supports claimant registration and claim filing, account maintenance, claim determinations,
adjudication, identity verification, fraud investigations, recovery, quality assurance, and document
uploads, and serves as the primary internal and external messaging tool for employees, claimants,
and employers.

C.2 APPLICABLE DOCUMENTS

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

Item
No.
Document
Type
Title Reference
1 Law Universal Paid Leave
Amendment Act of
2016
https://code.dccouncil.us/dc/council/
code/titles/32/chapters/5/subchapters /IV/
2 Regulation
s
Title 7 Employment
Benefits
https://dcregs.dc.gov/Common/DC
MR/RuleList.aspx?ChapterNum=7-
34.
3 Law Subchapter IV.
Universal Paid Leave
https://code.dccouncil.gov/us/dc/cou
ncil/code/titles/32/chapters/5/subcha pters/IV
4 Law Unemployment
Compensation Title
51
§§ 51-101 – 51-178
https://code.dccouncil.gov/us/dc/cou
ncil/code/titles/51/chapters/1
5 Legacy
Contract
CW
6 Policies OCTO Policies https://octo.dc.gov/itpolicies
8
7 Language
Access
District of Columbia
Language Access Act
https://code.dccouncil.gov/us/dc/council/code/titles/2/cha
pters/19/subchapters/II

C.3 DEFINITIONS

These terms when used in this Contract have the following meanings:

C.3.1 Service Level Agreement Terms

a. Low Priority: minor cosmetic or other non -functional defect or issue that has
minimal impact on PFLBAS functionality or the end-user experience. These types
of issues can affect one or multiple PFLBAS users and a workaround is readily
available.
b. Medium Priority: Defects that cause inconvenience or disruption to one or more
PFLBAS users but do not significantly impact core functionality. Workarounds
may exist but are not ideal.

c. High Priority: Defects that significantly impact core functionality or user
experience for a large number of users. Immediate resolution is needed to avoid
major disruptions or to otherwise restore the system to a state of good and normal
order.

d. Critical Priority: Critical defects that cause a system outage or issues that interfere
with user login, day-to-day workflow, or payment distribution. The Critical Priority
also applies to issues or defects that result in compromised data or data loss. This
also includes incidents where security vulnerabilities necessitate urgent corrective
action. These types of issues or defects require immediate action to minimize
damage and/or restore service.
C.3.2 Other Definitions

a. Workaround - a process or procedure that is documented, approved, or has been
an established process through the course of performance. Workarounds bypass a
known defect or limitation in the PFLBAS that has not yet been addressed or
achieved a desired functionality not available in the standard PFLBAS
configuration.

b. Application Layer Resources include but is not limited to:

i. Databases
9
ii. Middleware
iii. Frameworks
iv. Libraries
v. Runtime environments
vi. Security
vii. APIs

c. Production Environment – a live environment where the PFLBAS is deployed and
accessible to end users. This environment must ensure the accurate functioning of
all business processes to support continuous business operations and provide a
seamless experience for end-users.

d. User Acceptance Testing Environment – a replica of the Production Environment
used for user acceptance testing by the District. It is used by District end users to
verify that the code, system, or issue fixes or enhanced system functionality meets
the requirements, performs as expected, and produce the desired results or
outcomes before production deployment, and for other test purposes. The client
will utilize this environment after the contractor has conducted testing through the
contractor’s internal testing environment.

e. Training Environment – a non- production environment used exclusively for
training activities by the District. This environment should be a replica of the
production environment to provide realistic and practical hands -on training for
users, The training en vironment must include the same software versions,
configurations, and data structures as the production environment. The
environment shall include all the necessary integrations and dependencies and be
populated with up -to-date data that is representative of the actual data in the
production environment.

f. Staging Environment – a non- production environment used by the District to
validate releases before deploying changes to the production environment. It must
closely mirror the production environment in terms of hardware, software,
configurations, and data structures to ensure that all updates, new features, bug
fixes, and integrations function correctly and meet all quality standards.

C.4 BACKGROUND
The mission of the Department of Employment Service’s Office of Paid Family Leave
(OPFL) is to administer a paid leave program for the District of Columbia under the
provisions of the Universal Paid Leave Amendment Act of 2016. The OPFL is comprised
of a Tax Division and a Benefits Division for tax collection and benefits administration,
respectively. To administer Paid Family Leave Benefits, the District must maintain an
electronic platform for individuals to register, submit claims, and upload necessary
documentation for review and adjudication by the District.
10
In 2019, the District procured services from a contractor through contract No. CW76223
to build, customize, and implement a Paid Family Benefits Administration System by
July 1, 2020. The District is now seeking a contractor to support the operations and
maintenance of the PFLBAS following the system life cycle management standards.

C.5 REQUIREMENTS

The contractor shall provide PFLBAS operations and maintenance services as listed in the
following section:

C.5.1 PFLBAS Framework and Upkeep

The contractor shall:
a. Maintain continuity of all licenses needed to operate Application Layer
Resources and the PFLBAS system overall.
b. Continuously monitor the performance functionality and security of Application
Layer Resources.
c. Evaluate the need for upgrades to application layer resources based on factors
such as security vulnerabilities, performance bottlenecks, and compatibility
issues.
d. Recommend and implement upgrades to Application Layer Resources as
appropriate.
e. Maintain compatibility with existing workflows and functionality during
upgrades.
f. Provide updated documentation for any architectural design, workflows and
database documentation.
g. Document the upgrade process and provide training to the Client's personnel.
h. Ensure the PFLBAS Production Environment remains online, in a state of good
order, and remains publicly accessible 24 hours/day, 365 days of the year.
i. Perform regular maintenance to ensure consistent and reliable system operation
for all system environments.
j. Keep the District and program stakeholders informed of system deployment
schedules and any required changes.
k. Maintain continuity and provide enhancements when needed to remain in
compliance with the District of Columbia’s Language Access Act.

C.5.2 PFLBAS Solution Maintenance

a. The contractor shall make the necessary changes to the PFLBAS to fix defects,
errors, or issues that have been identified by either the contractor or District
personnel, to rectify problems and bring the PFLBAS back to its intended
functionality. The contractor shall make a reasonable attempt to resolve all
11
reported issues within the required time frame based on issue priority as noted by
the SLA requirements in C.8.

b. The contractor shall make modifications to the PFLBAS to meet evolving
requirements, including all new and existing requirements that derive as a result
of legislative amendments.

c. The contractor shall promptly inform the District and program stakeholders of any
defects, errors, or issues detected internally that could impact end users. The
contractor shall provide detailed reporting including an estimated time frame for
the related fixes along with the means for the program to track the progress of
issue resolution.

C.5.3 PFLBAS Solution Operations Support and infrastructure-related services

The contractor shall:

a. Provide technical assistance/support services which should include all technical
system support of the ongoing activity that provides continuity of the PFLBAS
functions of DOES. It includes the process of keeping functions operative and
responsive to user needs in accordance with all Program Requirements and District
of Columbia Requirements. The District of Columbia PFLBAS and Interfaces are
required to be in compliance with all District of Columbia technology requirements
(OCTO, DOES, and Security and Safety). Adherence to technology requirements
includes meeting all always-required security requirements.

b. Maintain four discrete software environments: a customer- facing Production
Environment, an internal User Acceptance Testing Environment, a Training
Environment, and a Staging Environment.
c. Monitor nightly/weekly production jobs and provide a detailed summary of
corrective action as part of the transfer of knowledge to DOES OIT personnel.
d. Perform generalized services and support of infrastructure as needed.

C.5.4 PFLBAS Solution Enhancements / Small:

The contractor shall provide:

Small enhancements are custom PFLBAS solutions or services that can be
implemented with a modest amount of design, testing, and analysis. Such
changes shall be implemented at no cost to the District. The scope of services
rendered for small enhancements includes:
12
a. Design, development, testing, and quality assurance activities.

b. Integration and implementation services for small PFLBAS enhancements.

c. Textual updates to forms, determination letters, system -generated notices,
and messaging in the PFLBAS portal, including the applications for all leave
categories.

d. Cosmetic changes to the PFLBAS to ensure alignment with the program’s
branding strategy, including design elements and program -specific
functionality (i.e. calendar functionality, etc.)

e. Development and modification of reports housed in the PFLBAS and data
requests to meet evolving program needs.

C.5.5 PFLBAS Solution Enhancements / Major:

The contractor shall provide:

Major enhancements include the design and development of new or substantially
different functionality. Major enhancements may also include substantial upgrades.
These types of enhancement will be established through contract modification.
These services may include:
a. Development of major initiatives/enhancements to the PFLBAS including
business process analysis, design or redesign, development, testing, and
quality assurance activities.
b. Integration and implementation services for major PFLBAS enhancements.
c. Performance improvements.
d. User interface enhancements or changes.
e. New integration with other systems not already integrated with the
PFLBAS.
f. New technology enablement.
g. New framework components such as a rules engine, test suites, etc.

C.6 Reporting:

a. The contractor shall cooperate with and support the District to produce and provide
reports or access to information it cannot independently obtain. The contractor is
responsible for maintaining on -demand reports listed under the Deliverables
Section (F.3).
b. The Contractor shall assist the District in producing ad -hoc reports to aid with
incident analysis and request for data extracts, upon request.
c. The contractor shall maintain all system-generated reports in a state of good order.
13
d. The contractor shall ensure that system-generated reports are accurate and faithfully
summarize database-level information.
C.7 Key Personnel
The contractor shall ensure that the key personnel listed below are available to support the
PFLBAS maintenance and operations on a full-time basis. The contractor shall also ensure
that the key personnel have the necessary skills, experience, and qualifications to perform
their assigned duties under this contract.

The contractor shall immediately notify the District if any key personnel become unable or
unavailable to perform their duties and provide a replacement with equal or superior
qualifications.
The District reserves the right to approve or disapprove the replacement before they assume
active duties. The contractor's key personnel are as follows:

a. Project Manager
b. Lead/Senior Business Analyst
c. Technical Lead (Architecture, Development and Deployment)
d. Quality Assurance and Test Lead

C.8 SERVICE LEVEL AGREEMENT (SLA)
The following table summarizes the service level that the contractor shall provide for maintaining
the PFLBAS system production environment:

No. Service Requirement Measurement Service Level
1 Problem Response
Time- Critical
Average Response Time for Urgent Priority
Problems.
<1 hour
2 Problem Response
Time- High, Medium,
or Low
Average Response Time for High, Medium, or
Low Priority Problems.
<2 hour
3 Problem Resolution
Time- Critical
Resolution Time for each Critical Priority
Problem
<24 hour
4 Problem Resolution
Time- High
Resolution Time for High-Priority Problem <48 hour
5 Problem Resolution
Time- Medium
Resolution Time for Medium Priority Problem <60 hour
6 Problem Resolution
Time- Low
Resolution Time for Low-Priority Problem <120 hour
8 Network data
availability
No Data Loss 100%
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9 Scheduled
Downtime/Maintenance
Scheduled maintenance and downtime shall
only occur during non-business hours and
shall not exceed ten (10) hours per thirty (30)
calendar days. The Contractor shall provide
five (5) calendar days’ notice and approval
prior to any scheduled downtime.
<10 hours
each month
10 Unplanned
Emergency Downtime
Unplanned emergency downtime requires
District approval

11 System Response Time Process 95% of the System’s online transactions
as follows:
a. Within 1 second for a transaction that do
not change data and
b. Within one (1) second for transactions
that add, update, or delete data.
The SLA credits for this measurement are
aggregated
<95%
12 On-Time Batch
Processing
The system shall remain available during batch
processing 99% of the time.
99%
13 Disaster Recovery Contractor shall provide recovery and continuity
of operation within 8 hours of a System network
failover
Failure to
recover
within 8
hours of
failure is at
the sole
fault of the
Contractor
14 Offline Document
Processing
The contractor shall populate customer document
folders with documents created by District staff,
offline, within 24 hours of receiving a request for
help with offline document processing. The
contractor shall first make the documents
available for inspect ion in the user acceptance
environment before deployment to Production.
The contractor will be held harmless for delays
caused by District staff in reviewing the
deployment at the user
acceptance phase.
<24 hours

This service level applies to incidents on the State’s live production system. This service level does not cover
legacy data and interface issues. All times for Severity 1 issues refer to clock hours. All other times refer to
support hours (Mon – Fri, 7AM-7PM) and do not include time that the issue is in State’s queue. Geographic
Solutions and the client may negotiate the maximum actable resolution time on a case-by-case basis, based on
the complexity of the problem and the anticipated solution.
The contractor shall submit a monthly report outlining system availability. Response time to
15
incidents, and resolution time for incidents that may have occurred will be available 24x7 to
DC staff via reports in the Online Project Communication System (OPC) .. The reports shall
document compliance with the SLA Section and instances where the system or contractor
deviated from the SLA. The report shall include a comprehensive analysis to explain any
unplanned downtime or when urgent issues arise. The reports shall capture the SLA reporting
16
for the preceding calendar month, and it shall be emailed to the Contract Administrator
monthly, on the first business day of the month. The CA will monitor, and review contractor
performance based on these monthly SLA reports.
C.9 CONTINUITY OF SERVICE

The Contractor recognizes that the services under this contract are vital to the District and
shall be continued without interruption and that.

a. The contractor shall furnish phase -in training services as requested by the District within
the first 90 days of the contract term, and phase -out training services as requested by the
District within the last 90 days of the contract term.
b. The contractor shall exercise its best efforts and cooperation to effect an orderly and
efficient transition to the District and/or a successor vendor at the conclusion of the
contract term all data provided initially provided by the District (“State Data”).

c. The Contractor shall provide a phase -in transition plan no later than 30 days after the
signing of this contract. The purpose of the phase -in plan is to provide the District with a
baseline system assessment, which should provide evidence of a thorough sys tem
performance review completed by the contractor along with recommendations for
optimization opportunities as appropriate.

d. The contractor shall also provide a phase-out transition plan within the first 180 days. The
phase-out transition plan shall include comprehensive documentation covering State Data.

e. The contractor shall, upon the Contracting Officer’s written notice, furnish phase -in, and
phase-out services for up to 90 days prior to the expiration of this contract. These services
shall include a plan specifying a training program and a date for transferring the State Data
described in the plan and shall be subject to the contract administrator and Contracting
Officer’s approval. The Contractor shall provide the necessary resources during
the phase-in, and phase-out period to ensure that the services called for by this Contract
are maintained at the required level of proficiency.
f. During the Term, the contractor shall help the successor maintain the continuity and
consistency of the services required by this Contract.
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C.10 DISASTER RECOVERY

a. The contractor shall maintain disaster avoidance procedures designed to safeguard the
PFLBAS data and other confidential information and the availability of application
operations and maintenance services, in each case throughout the contract term.
b. The Contractor shall have robust compliant contingency and Disaster Recovery (DR) plans
in place to ensure that the services provided under this contract will be maintained in the
event of a disruption to the Contractor/subcontractor’s operations (including, but not limited
to, disruption to information technology systems), however, caused.
c. The contingency and DR plans shall be designed to ensure that services under this contract
are restored after a disruption within twenty-four (24) hours from notification.
d. The contractor shall conduct a contingency/DR simulation in concert with District staff at
least once per year to identify any changes that need to be made to the plan(s) to ensure a
minimum interruption of service. Coordination shall be made with the District to ensure
limited system downtime when testing is conducted. The contractor agrees to furnish a
report outlining the successes and or failures encountered with contingency/DR
simulations. The report will recommend appropriate process modifications.
e. Contingency and DR plans shall be available for the District to inspect and practically test
at any time and shall be subject to regular updating, revising, and testing by the contractor
throughout the term of the contract.
f. District personnel may conduct an independent security review of the PFL Benefits
Administration System on an annual basis and may request information or support from the
contractor in furtherance of its review. The contractor shall make reasonable efforts to
comply with requests by District personnel in relation to security reviews.
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SECTION D: PACKAGING AND MARKING

D.1 The packaging and marking requirements for this contract shall be governed by clause
number (2), Shipping Instructions-Consignment, 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)
19
SECTION E: INSPECTION AND ACCEPTANCE
E.1 The inspection and acceptance requirements for this contract shall be governed by clause
number five (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)
20
SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES
F.1 TERM OF CONTRACT

The term of the contract shall be from the date of the Letter contract to October 2, 2025
specified on the cover page of this contract.
F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT
F.2.1 The District may extend the term of this contract for a period of four (4) one-year option periods by
written notice to the Contractor before the expiration of the contract, provided that the District will give the
Contractor preliminary written notice of its intent to extend at least thirty (30) days before the contract expires.
The preliminary notice does not commit the District to an extension. The exercise of this option is subject to the
availability of funds at the time of the exercise of this option. The Contractor may waive the thirty (30) day
preliminary notice requirement by providing a written waiver to the Contracting Officer prior to expiration of the
contract.
F.2.2 If the District exercises this option, the extended contract shall be considered to include
this option provision.

F.2.3 The price for the option period(s) shall be as specified in Section B of the contract.

F.2.4 The total duration of this contract, including the exercise of any options under this clause,
shall not exceed five (5) years
F.3 DELIVERABLES

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:

Item
#
Deliverable Quantity Format/Method
of Delivery
Due Date
1 PFL Benefits
Administration
System
maintenance and
operations
12 Electronic Monthly
21
2 Major PFLBAS
enhancements,
including design,
development,
testing, quality
assurance,
implementation,
and associated
documentation
As
needed
Electronic As needed

3 Monthly SLA
Reports
12 Electronic Monthly

F.3.1 The Contractor shall submit to the District, as deliverable, the report described in
section H.5.5 which is required by the 51% District Residents New Hires
Requirements and First Source Employment Agreement. If the Contractor does not
submit the report as part of the deliverables, the District shall not make final
payment to the Contractor pursuant to section G.3.2.
22
. t . elive .
Dehverable
Number Type 1
Defimhon

DELI

Project
Management
Plan

NIA

C.5.2.4

20 days
after date
of award
Documentation of plans, processes, and
procedures for execution, monitoring and
control across the life cycle activities. The
PMP shall include sections that address the
following: I) Proven system development
methodology for use in phased delivery of
systems requirements. This methodology
shall include District requirements for
development and migration methodologies.
2) Schedule Management processes,
including procedures for maintaining the
project plan, updating actual hours worked,
and providing an estimate to complete (ETC)
effort. 3) Scope Management. 4) Change
control procedures, including a Requirements
Traceability Matrix (RTM) for documenting
changes to project scope and their impact.
5) Quality Management. 6) Risk and issue
identification, problem tracking, reporting
and resolution procedures, including an
automated tracking and management
system. 7) Communication processes,
including formal status reporting procedures
and schedules. 8) Sub- Contractor
management processes. 9) Personnel
Management functions, including roll-on
and roll-off processes. 10) Configuration
Management. 11) SOA Governance. 12)
Data Governance. 13) Earned Value
Management. 14) Performance
Measurement tool to measure automatically
and report regularly on the Performance
Measures
including availability and capacity.

D D rable RS efer nced
ec 10n

23

DEL4

DEL5
Data
Management
Plan

Design

C.5.10.2.3
30 days
after date
of the
award
Strategy for managing data during and after project
execution. Identifies data archiving/data retention plans.

DEL6
System
Security Plan

Design

C.5.10.2.3
60 days
after the
date of the
award
Plan that describes security controls within the system
that will protect the confidentiality, integrity, and
availability (CIA) of the system and its information.

24

DEL7
System
Security Plan

Implementation

C.5.10.4.4
90 days
after date
of the
award
Plan which describes security controls within the system
that will protect the confidentiality, integrity, and
availability of the system and its information
25
SECTION G: CONTRACT ADMINISTRATION
G.1 INVOICE PAYMENT

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.1.2 The District will pay the Contractor on or before the 30th day after receiving a proper
invoice from the Contractor.
G.1.3 Unless otherwise specified in this contract, and with the presentation of a properly executed
invoice:
a) Payment will be made on completion and acceptance of each item for which the price is
stated in the Pricing Schedule in Section B,
b) Payment will be made on completion and acceptance of each percentage or milestone of
work in accordance with the prices stated in the Pricing Schedule in Section B, or
c) Payment may be made on partial deliveries of goods and services accepted by the District
if the Contractor requests it and the amount due on the deliveries warrants it as determined
by the District.

G.2 INVOICE SUBMITTAL

G.2.1 The Contractor shall submit proper invoices every month or as otherwise specified in the
contract.

G.2.2 The Contractor shall submit payment requests in electronic format through the DC
Vendor Portal www.vendorportal.dc.gov by selecting the applicable purchase order
number which is listed on the Contractor’s profile.

G.2.3 To constitute a proper invoice, the Contractor shall attach to all payment requests the
invoice and all supporting documentation or information.
G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT

G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and First
Source Employment Agreement requirements, the final request for payment must be
accompanied by the report or a waiver of compliance discussed in section H.5.5.

G.3.2 The District shall not make final payment to the Contractor until the agency CFO has
received the CO’s final determination or approval of waiver of the Contractor’s
compliance with 51% District Residents New Hires Requirements and First Source
Employment Agreement requirements.
26
G.4 PAYMENT

G.4.1 LUMP SUM PAYMENT

The District will pay the full annual Operations and Maintenance amounts due the Contractor in either
annual or monthly installments. Payments will be due at the beginning of each maintenance period
with a properly executed invoice:

a)
G.5 ASSIGNMENT OF CONTRACT PAYMENTS
G.5.1 In accordance with 27 DCMR 3250, the Contractor may assign to a bank, trust company,
or other financing institution funds due or to become due as a result of the performance of
this contract.

G.5.2 Any assignment shall cover all unpaid amounts payable under this contract and shall not
be made to more than one party.
G.5.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is
required to prepare invoices. Where such an assignment has been made, the original
copy of the invoice must refer to the assignment and must show that payment of the
invoice is to be made directly to the assignee as follows:

“Pursuant to the instrument of assignment dated , make payment of this
invoice to (name and address of assignee).”
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 this 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;
27
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 before:
G.6.1.2.1 3rd day after the required payment date for meat or a meat 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 that 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

G.6.2.1 The Contractor shall 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 shall pay subcontractors or suppliers 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.
28
G.6.2.3 Any amount of an interest penalty that 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

G.6.3.1 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.6.3.2 The Contractor shall include in each subcontract under this contract a provision that
obligates the Contractor, at the election of the subcontractor, to participate in
negotiation or mediation as an alternative to administrative or judicial resolution of a
dispute between them.
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:
Heather S. Reynolds-White | NIGP-CPP,
District Procurement Certification I/II/III
Supervisory Contracting Officer | Office
of Contracting and Procurement
Servicing: Office of the Chief
Technology Officer (OCTO)200 I Street
SE | Washington, DC 20003 Cell:
202-256-3872
Email: heather.reynolds2@dc.gov
29
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 ADMINISTRATOR (CA)

G.9.1 The CA is responsible for the 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 invoices or vouchers.
G.9.2 The address and telephone number of the CA is:
Blanca Bejarano
Chief of Benefits, Office of Paid Family Leave
Bureau of Economic Stability and Benefits
Department of Employment Services
4058 Minnesota Avenue, NE, Washington, DC 20019, Suite 4500
Office: 202.698.3512 | Cell: 202.500.9006
Email: blanca.bejarano@dc.gov
30
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.
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SECTION H: SPECIAL CONTRACT REQUIREMENTS
H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES

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 No:30 dated
July 22, 2024 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:
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(1) Pay;
(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.
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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:
(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
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 (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
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(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 the 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
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 that 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 that
employ 50 employees or less.

H.6 RESERVED
H.7 RESERVED
H.8 RESERVED
H.9 SUBCONTRACTING REQUIREMENTS
H.9.1 Mandatory Subcontracting Requirements

H.9.1.1 Unless the Director of the Department of Small and Local Business
Development has approved a waiver in writing for all contracts in excess of
$250,000, at least 12.5% of the dollar volume of the contract shall be
subcontracted to qualified small business enterprises (SBEs).
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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 12.5% 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 and performs 100% of the work shall not be required to comply
with the provisions of sections H.9.1.1 and H.9.1.2. However, the Prime contractor
that is certified by DSLBD still must submit a subcontracting plan to confirm 100% of
the contracting effort will be performed with its own organization and resources and
will not subcontract any portion of the contract.
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 12.5% of the contracting effort
with its own organization and resources and, if it subcontracts, 12.5% of the
subcontracting effort shall be with CBEs. A CBE prime contractor that performs less
than 12.5% of the contracting effort shall be subject to enforcement actions under
D.C. Official Code §
2-218.63.

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, 12.5% 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
12.5% 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.
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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.

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.
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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.
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:
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(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.
H.11 DISTRICT RESPONSIBILITIES
RESERVED
H.12 CONTRACTOR RESPONSIBILITIES
RESERVED

H.12 PURCHASES OF IT HARDWARE AND EQUIPMENT

The Contractor shall provide only the most current models, components, and accessories in new,
fully operational, factory-sealed condition, with all applicable licenses. The Contractor warrants
and represents that the equipment is eligible for the manufacturer's normal and extended
warranty and support within the United States to Authorized Users. Previously owned, damaged,
refurbished, remanufactured, counterfeit, "gray market" or substitute third-party items will not be
accepted. The bidder shall provide evidence of its authorized reseller agreement or certification
with its bid.
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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

During the course of work under this contract, the Contractor will have access to
information that is deemed confidential by federal or District law. The Contractor shall
protect and hold strictly confidential all information to which the consultant has access
during the course of work under this contract. The Contractor shall not disclose, directly
or indirectly, any such information to third parties or use it for any purpose other than to
perform the work under this contract.
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 the 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
40
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 the commencement of work or else will be presumed to
be Custom Products.

3. “Custom Products” - Products, preliminary, final, or otherwise, which are created or
developed by the 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 the 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, the 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. The 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 the Contractor.
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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 the
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

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 by 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.
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F. Indemnification and Limitation of Liability

The Contractor shall indemnify save and hold harmless the District, its officers, agents,
and employees acting within the scope of their official duties against any and all
assessments, fines, or monetary penalties that may be imposed on the District by order or
judgments of any court of component jurisdiction or required pursuant to the terms of a
consent order, Jerry M Consent Decree or consent agreement, as a consequence or result
of any act the Contractor its employees, agents or subcontractors in the performance of or
in connection with any work required or performance in breach of this contract.
Notwithstanding the foregoing, Contractor shall have no indemnification obligations if
the breach arose due to Contractor following and adhering to instructions provided by the
District, its officers, agents or employees while acting within the scope of their official
duties.

LIMITATION OF LIABILITY. DISTRICT ACKNOWLEDGES AND AGREES THAT THE
CONSIDERATION WHICH VENDOR IS CHARGING HEREUNDER DOES NOT INCLUDE ANY
CONSIDERATION FOR ASSUMPTION BY VENDOR OF THE RISK OF DISTRICT’S
CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH
THE SERVICES PROVIDED AND/OR DISTRICT’S USE OF THE PROGRAM AND
DOCUMENTATION. ACCORDINGLY, DISTRICT AGREES THAT VENDOR SHALL NOT BE
RESPONSIBLE TO DISTRICT FOR ANY COMERCIAL LOSS; INCONVENIENCE; LOSS OF USE,
TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM
THIS AGREEMENT, THE SALE OR USE OF THE SOFTWARE, OR THE PERFORMANCE OF
SERVICES BY VENDOR PURSUANT TO THIS AGREEMENT. ANY PROVISION HEREIN TO
THE CONTRARY, NOTWITHSTANDING THE MAXIMUM LIABILITY OF VENDOR TO ANY
PERSON, FIRM OR CORPORATION WHATSOEVER ARISING OUT OF OR IN THE
CONNECTION WITH ANY LICENSE, USE, MAINTENANCE OR OTHER EMPLOYMENT OF
ANY PROGRAM OR DOCUMENTATION DELIVERED TO DISTRICT HEREUNDER, WHETHER
SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OR REPUDIATION OF
CONTRACT, WARRANTY, TORT OR OTHERWISE, SHALL IN NO CASE EXCEED THE
ACTUAL FEES PAID TO VENDOR BY DISTRICT FOR THE USE OF THE PROGRAM AND
DOCUMENTATION DURING THE YEAR IN WHICH THE CLAIM WAS ASSERTED. THE
ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF
VENDOR ARISING OUT OF THIS AGREEMENT. THE PARTIES ACKNOWLEDGE THAT THE
LIMITATIONS SET FORTH IN THIS SECTION ARE INTEGRAL TO THE AMOUNT OF
CONSIDERATION LEVIED IN CONNECTION WITH THE AUTHORIZATION TO USE THE
PROGRAM AND DOCUMENTATION AND ANY SERVICES RENDERED HEREUNDER AND
THAT, WERE VENDOR TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET
FORTH HEREIN, SUCH CONSIDERATION WOULD OF NECESSITY BE SET SUBSTANTIALLY
HIGHER.
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G. Intellectual Property Rights
Notwithstanding anything to the contrary "in this Contract and any document incorporated herein: (a)
Contractor is not developing any Custom Products or Work Product for the District under this Contract;
(b) Contractor shall be and shall remain the sole and exclusive owner of all intellectual property rights
in and to the goods and services provided to the District under this Contract, including all software,
documentation, programs and any modifications, derivatives, enhancements and versions thereof,
regardless of the date that such materials were created ("Licensed IP"); (c) the District shall not obtain
any rights of title or ownership in or to the. Licensed IP other than a non-transferrable, non-assignable,
and non-exclusive license to access and use the Licensed IP during the Tenn of this Contract; (d) the
District is prohibited from copying, reproducing or creating derivative works of the Licensed IP.

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 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 have its insurance broker or
insurance company submit a Certificate of Insurance to the 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. All insurance shall be written with financially responsible companies
authorized to do business in the District of Columbia or in the jurisdiction where the
work is to be performed and have an A.M. Best Company rating of A- / VII or
higher. The Contractor shall require all of its subcontractors to carry the same
insurance required herein.
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All required policies shall contain a waiver of subrogation provision in favor of the
Government of the District of Columbia.
The Government of the District of Columbia shall be included in all policies 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.

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, including ongoing and
completed operations under all subcontracts, and covering claims for bodily injury,
including without limitation sickness, disease or death of any persons, injury to or
destruction of property, including loss of use resulting therefrom, personal and
advertising injury, and 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 (including a per location or per project aggregate limit endorsement, if
45
applicable) limit, a $1,000,000 personal and advertising injury limit, and a $2,000,000
products-completed operations aggregate limit.
The vendor 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).

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, with minimum per accident
limits equal to the greater of (i) the limits set forth in the Contractor’s commercial
automobile liability policy or (ii) $1,000,000 per occurrence combined single limit for
bodily injury and property damage.

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 L iability 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.

All insurance required by this paragraph 3 shall include a waiver of subrogation
endorsement for the benefit of the Government of the District of Columbia.
4. Cyber Liability Insurance - The Contractor shall provide evidence satisfactory to the
Contracting Officer of Cyber Liability Insurance, with limits not less than $2,000,000
per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad
to respond to the duties and obligations as undertaken by Contractor in this agreement
and shall include, but not limited to, claims involving infringement of intellectual
property, including but not limited to infringement of copyright, trademark, trade
dress, invasion of privacy violations, information theft, damage to or destruction of
electronic information, the release of private information, alteration of electronic
information, extortion, and network security. The policy shall provide coverage for
breach response costs as well as regulatory fines and penalties as well as credit
monitoring expenses with limits sufficient to respond to these obligations. This
46
insurance requirement will be considered met if the general liability insurance
includes an affirmative cyber endorsement for the required amounts and coverages.

5. Professional Liability Insurance (Errors & Omissions) - The Contractor shall provide
Professional Liability Insurance (Errors and Omissions) to cover liability resulting
from any error or omission in the performance of professional services under this
Contract. The policy shall provide limits of $1,000,000 per claim or per occurrence
for each wrongful act and $2,000,000 annual aggregate. The Contractor warrants that
any applicable retroactive date precedes the date the Contractor first performed any
professional services for the Government of the District of Columbia and that
continuous coverage will be maintained or an extended reporting period will be
exercised for a period of at least ten years after the completion of the professional
services.
6. C ommercial Umbrella or Excess Liability - The Contractor shall provide evidence
satisfactory to the CO of commercial umbrella or excess liability insurance with
minimum limits equal to the greater of (i) the limits set forth in the Contractor’s
umbrella or excess liability policy or (ii) $5,000,000 per occurrence and $5,000,000
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 District, and the “other insurance”
provision must be amended in accordance with this requirement and principles of
vertical exhaustion.
B. 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.

C. DURATION. The Contractor shall carry all required insurance until all contract work is
accepted by 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.
D. LIABILITY. These are the required minimum insurance requirements established by the
District of Columbia. HOWEVER, THE REQUIRED MINIMUM INSURANCE
REQUIREMENTS PROVIDED ABOVE WILL NOT IN ANY WAY LIMIT THE
CONTRACTOR’S LIABILITY UNDER THIS CONTRACT.
47
E. CONTRACTOR’S PROPERTY. Contractors 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 District of Columbia.
F. MEASURE OF PAYMENT. The District 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.
G. NOTIFICATION. The Contractor shall ensure that all policies provide that the CO
shall be given thirty (30) days prior written notice in the event of coverage and/or limit
changes or if the policy is canceled prior to the expiration date shown on the certificate.
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.
H. CERTIFICATES OF INSURANCE. The Contractor shall submit certificates of
insurance giving evidence of the required coverage as specified in this section prior to
commencing work. Certificates of insurance must reference the corresponding contract
number. Evidence of insurance shall be submitted to:
The Government of the District of Columbia
Samira Davis, CPCM, CFCM
Supervisory Contract Specialist
Office of Contracting and Procurement
Office of the Chief Technology Officer
The District of Columbia Government
200 I Street SE Suite 5608
Washington, DC 20003
Tel: 202 215 6690
Email: samira.davis1@dc.gov

The 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).
48
I. DISCLOSURE OF INFORMATION. The Contractor agrees that the District may
disclose the name and contact information of its insurers to any third party that presents a
claim against the District 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.
J. 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 the equivalent by any other rating agency)
and licensed in the District.
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 Solicitation will contain the following clause:
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) Solicitation, 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:
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
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(a) of this clause, means a written assertion by the Contractor seeking, as a
50
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
(iv) 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.
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(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 the final decision of an appeal, action, or final settlement, the Contractor
shall proceed diligently with the 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.
52
(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.

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

I.12 CHANGES
1. 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 the contract, unless the CO:

(1) Agrees with the 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;
53
(3) Makes a written, binding commitment with the Contractor to pay for the
additional work within thirty (30) days after the Contractor submits a proper
invoice; and
(4) Provide 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 five (5) business days of its receipt of notice of 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;
(2) Pay the subcontractor any undisputed amount to which the subcontractor is
entitled for the additional work within ten (10) days of receipt of payment
from the District; and
(3) Notify the subcontractor and CO in writing of the reason(s) 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 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:
54
(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;
(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 nondiscrimination 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 nondiscrimination 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
55
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 clause, 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.

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.

I.15 CAMPAIGN FINANCE REFORM

I.15.1 Mandatory Certification
I.15.1.1 The Contractor shall certify that it has read and is in compliance with the Campaign
Finance Reform Amendment Act of 2018, effective March 13, 2019 (D.C. Law 22-250;
D.C. Official Code § 1-1001.03 et seq.). This certification is included in the
Bidder/Offeror Certification Form.
I.15.1.2 The Contractor shall re-certify prior to the exercise of any option period that it has read
and is in compliance with the Campaign Finance Reform Amendment Act of 2018,
56
effective March 13, 2019 (D.C. Law 22-250; D.C. Official Code § 1-1001.03 et seq.).
This certification is included in the Bidder/Offeror Certification Form.

I.15.2 Reporting Contractor’s Principals

Contractors shall inform the contracting officer of any change to its principals during the
term of the contract within thirty (30) days of its occurrence.
I.16 Prohibited Contributions

I.16.1 For contracts with a maximum aggregate value (the total sum of the contract ceiling for
the base period and any subsequent option periods) of between $250,000 and up to and
including $1,000,000 and a base period of performance of 1 year or less, neither the
Contractor nor any of its principals may make any contribution to the Mayor, any
candidate for Mayor, any political committee affiliated with the Mayor or a candidate
for Mayor, or any constituent-service program affiliated with the Mayor for the period
from the date of contract award through one year after the contract ends or is terminated.

I.16.2 For contracts with a maximum aggregate value (the total sum of the contract ceiling for
the base period and any subsequent option periods) of over $1,000,000 or with a base
period of longer than 1 year, neither the Contractor nor any of its principals may make
any contribution to the Mayor, any candidate for Mayor, any political committee
affiliated with the Mayor or a candidate for Mayor, any constituent-service program
affiliated with the Mayor, any Councilmember, any candidate for Councilmember, any
political committee affiliated with a Councilmember or a candidate for Councilmember,
or any constituent-service program affiliated with a Councilmember for the period from
the date of contract award through one year after the contract ends or is terminated.

I.17. AMERICANS WITH DISABILITIES ACT of 1990 (ADA)

During the performance of the contract, the Contractor and all of its subcontractors shall
comply with the ADA. The ADA makes it unlawful to discriminate in employment against
a qualified individual with a disability. Contractors providing public transportation shall
comply with Title II of the ADA. Contractors providing public accommodations shall
comply with Title III of the ADA. Contractors providing telecommunication shall comply
with Title IV of the ADA. See 42 U.S.C. § 12101 et seq.
57
SECTION J: ATTACHMENTS

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

Attachment
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 http://ocp.dc.gov, under Quick Links click on “Required
Solicitation Documents”
J.2 U.S. Department of Labor Wage Determination No.30 2015-4281
dated July 22, 2024

J.3
Equal Employment Opportunity Employer Information Report and Mayor’s
Order 85-85
available at available at http://ocp.dc.gov, under Quick Links click on
“Required Solicitation Documents”
J.4
Department of Employment Services First Source Employment Agreement
available at http://ocp.dc.gov, under Quick Links click on “Required
Solicitation Documents”
J.5
Way to Work Amendment Act of 2006 - Living Wage Notice available at
http://ocp.dc.gov, under Quick Links, click on “Required Solicitation
Documents”
J.6
Way to Work Amendment Act of 2006 - Living Wage Fact Sheet available at
http://ocp.dc.gov, under Quick Links, click on “Required Solicitation
Documents”
J.7 Tax Certification Affidavit available at http://ocp.dc.gov, under Quick Links
click on “Required Solicitation Documents”
J.8 Subcontracting Plan (if required by law) available at http://ocp.dc.gov, under
Quick Links click on “Required Solicitation Documents”
J.9
First Source Initial Employment Plan (if the contract is $300,000 or more)
available at http://ocp.dc.gov, under Quick Links click on “Required
Solicitation Documents”
58
SECTION K: REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF BIDDERS
Bidder/Offeror Certification Form
available at http://ocp.dc.gov,
under Quick Links click on “Required Solicitation Documents”