Proposed Contract with Excel Tree Experts Co. Inc. to Contract No. DCKA-2024-C-0113

MURIEL BOWSER
MAYOR
January 24, 2025
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
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 of2010 (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. DCKA-2024-C-0113 with Excel Tree Experts Co. Inc. (Excel
Tree) in the not-to-exceed amount of $1,583,345. The contract's period of performance is from
December 20, 2024, through December 19, 2025.
Under the proposed contract, Excel Tree will provide tree pruning services in the District of
Columbia.
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.
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)

(A) Contract Number: DCKA-2024-C-0113

Proposed Contractor: Ex-cel Tree Experts Co. Inc.

Proposed Contractor’s Principals: Martin L. Levine and Roberta A. Levine

Contract Amount: Minimum amount: $4,726
Maximum amount: $1,583,345

Unit and Method of Compensation: Fixed Unit Prices

Term of Contract: December 20, 2024, through December 19, 2025

Type of Contract: Indefinite Delivery/Indefinite Quantity (IDIQ)

Source Selection Method: Competitive Sealed Bidding/Invitation for Bid (IFB)

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

Base Period Amount: Minimum amount $4,726; Maximum amount $1,583,345

Option Year One Amount: Minimum amount $4,726; Maximum amount $1,593,095
Explanation of difference from base period (if applicable): The option year includes an increase
in quantities.

Option Year Two Amount: Minimum amount $4,771; Maximum amount $1,657,576
Explanation of difference from base period (if applicable): The option years include an increase
in quantities and a price escalation of approximately 1%.

Option Year Three Amount: Minimum amount $4,816; Maximum amount $1,703,907
2

Explanation of difference from base period (if applicable): The option years include an increase
in quantities and a price escalation of approximately 1%.

Option Year Four Amount: Minimum amount $4,861; Maximum amount $1,760,888
Explanation of difference from base period (if applicable): The option years include an increase
in quantities and a price escalation of approximately 1%.

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

December 20, 2024

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

None

(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:

Not-to-exceed (NTE) $784,075

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

The contractor currently provides routine and emergency tree removal services to the District.

(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:

The contractor shall provide tree pruning services. The contractor shall be responsible for providing
all management, supervision, personnel, tools, materials, equipment, and transportation necessary to
prune trees located throughout the District.

(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 IFB was advertised on September 20, 2024, using full and open competition and contemplating
multiple IDIQ contract awards. Five bids were received by the due date. After reviewing the bids,
the bid from Ex-cel Tree Experts Co. Inc. (Ex-cel Tree) was determined to be responsive and
responsible and selected for award.

(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
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:

3

On November 9, 2024, Protest P-1208 was filed against Solicitation No. DCKA-2024-B-0102 by
Citygreen dba Community & Urban Forestry alleging unfair interpretation of the requirements for
missing amendments and discriminatory practices against the protester’s firm. The District took
partial corrective action regarding the missing amendments and filed a motion to dismiss the
remaining allegations as untimely. On December 19, 2024, the District executed a Determination
and Findings to Proceed while a protest is pending pursuant to D.C. Official Code §2-360.08(c)(2).
The protest is currently on-going.

(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:

Ex-cel Tree has been providing tree care services in the Washington, DC and Baltimore area for
over 40 years. Ex-cel Tree also possesses the resources to include equipment and certified and
licensed personnel to perform the required services. In addition, Ex-cel Tree has successfully
performed the same or similar services for the District Department of Transportation (DDOT).

(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:

On October 8, 2024, the District Department of Small and Local Business Development granted a
full waiver to the 35% subcontracting requirement under D.C. Official Code § 2-218.46 and
removed the subcontracting requirement. Accordingly, no subcontracting plan is required.

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

At the direction of the DDOT contract administrator, the contractor will provide tree pruning
services in accordance with the terms of the contract.

(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:

The District entered into a letter contract on December 20, 2024, in the NTE amount of $784,075.

(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 December 17, 2024, the Agency Fiscal Officer certified that the contract funding is consistent
with the applicable financial plan and budget.

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 is not in violation of D.C. Official Code § 1-1163.34a per the bidder/offeror
certification form and the certification statement dated December 12, 2024.

(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 reviewed and approved the proposed contract for legal
sufficiency. The proposed contractor has no pending 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):

The contractor is current with its District taxes per the Clean Hands certification dated January 8,
2025.

(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:

The contractor is current with its federal taxes per the System for Award Management validation
performed on November 8, 2024.

(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.:

The contractor is not a certified 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

The contractor is not debarred or an excluded party on the District or federal listings per the
validations dated January 8, 2025.
(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 and Findings for Price Reasonableness
Determination and Findings for Contractor Responsibility
Determination and Findings to Proceed with Contract Award While a Protest is Pending

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

OCP.DC.GOV

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

OCP.DC.GOV
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250 M St
reet, S.E., Washington, DC 20003 Telephone: (202) 671-2300
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE CHIEF FINANCIAL OFFICER
Gover
nment Services Cluster
FINANCIAL PLAN AND BUDGET CERTIFICATION
Contra
ct No.:
Contract Name:
Cont
ractor:
Contract Ceiling Amount:
Current Available Amount:
Organization Code:
DCKA-2024-C-0113
Tree Pruning Services
Excel Tree Expert Co Inc
$1,583,345.00
$1,329,724.00
KA0
====================
==========================================================
I, Calvin Skinner, Agency Fiscal Officer, OCFO, hereby certify that the amount of $1,329,724.00 is
available for the above referenced contract and that the service is within the appropriate budget
authority for the agency for FY 2025 and is consistent with the applicable approved financial plan
and budget. Future orders above the available funding are contingent upon the identification of
additional funding.
____________________
________________ _________________
Calvin Skinner Date
Agency Fiscal Officer, OCFO
12/17/24
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: January 10, 2025

SUBJECT: Approval of a Contract Over One Million Dollars
Contractor: Excel Tree Expert CO Inc.
Contract No. DCKA-2024-C-0113
Contract Minimum Amount: $4,726
Contract Maximum Amount: $1,583,345

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
DEPARTMENTOFTRANSPORTATION
Mr.MartyLevine
"0deBB
President
ExcelTreeExpertCompany,Incorporated
7549MontevideoRd
Jessup,MD 20794

Subject:LetterContract‘TreePruningServicesContract No. DCKA-2024-C-0113
DearMr.Levine:
‘ThisisalettercontractbetweentheGovernmentoftheDistrictofColumbia(“District”)and
ExcelTreeExpertCompany,Incorporated(“Contractor”)whereintheContractoragreesto
performtheabove-captionedservicesinaccordancewiththosedocumentsincorporatedherein.
TheDistrictintendstodefinitizethislettercontractwithinninety(90)daysofthedatethisletter
contractissignedbytheContractingOfficer.IftheDistrictandtheContractoragreeinwriting
tothetermsofa definitivecontractwithin90days,thislettercontractshallmergewiththe
definitivecontractuponsuchagreement.IftheDistrictdoesnotdefinitizethislettercontract
within90daysofthedateofawardofthislettercontractoranyextensionsthereof,thisletter
contractshallexpire.Awardofthislettercontractandthedefinitivecontractshallbe
contingentontheavailabilityofappropriatedfunds.
TheDistrictwillpaytheContractorfortheservicesperformedunderthislettercontractinan
amount not-to-exceed(“NTE”) $784,075.00. In no event shallthe amount paid under thisletter
contract,oranyextensionsthereof,exceed$784,075.00,whichisapproximately49.5%ofthe
estimatedcontractNTEoftheproposeddefinitivecontract.IftheDistrictandtheContractor
agreeinwritingtoadefinitivecontract,theDistrictwillpaytheContractorfortheservices
performedduringthedurationofthedefinitivecontractanamountnottoexceed$1,583,345.00
fortheone-yearbaseperiodoftheproposeddefinitivecontract.Theproposeddefinitive
contractwillrequirethepriorapprovaloftheCounciloftheDistrictofColumbia(“Council”).
‘TheContractorshallperformunderthislettercontractpursuanttothetermsandconditions
outlinedinthebelowattachment.Thefollowingattachmentisincorporatedinfull-textand
madepartofthislettercontract:
Attachment 1:SolicitationDCKA-2024-B-0102 as amended

DistrictDepartmentofTransportation|250M Street,SE,Suite700,Wa

Jngton,DC20003|202,671-2270|ddot.de-gov
12-20-2024
1

A. SOLICITATION, OFFER, AND AWARD
1. Caption
Tree Pruning Services
Page of Pages
1 of 39
2. Contract Number

DCKA-2024-C-0113

3. Solicitation Number

DCKA-2024-B-0102
4. Type of Solicitation 5. Date Issued 6. Type of Market
X Sealed Bid (IFB) 12/20/2024
See § F.1
X Open
Sealed Proposals
(RFP) Set Aside
7. Issued By:
District Department of Transportation
Office of Contracting and Procurement
55 M Street, SE – Suite 700
Washington, DC 20003
8. Address Offer to:
Department of Transportation
Office of Contracting and Procurement
250 M Street, SE – 7th Floor
Washington, DC 20002
NOTE: In sealed bid solicitations "offer" and offeror" means "bid" and "bidder"
SOLICITATION
9 Electronic bids are due at 2:00 pm EST time on the date specified in See Section L.
CAUTION: Late Submissions, Modifications and Withdrawals: See 27 DCMR chapters 15 & 16 as applicable. All offers are subject to all terms & conditions
contained in this solicitation.
10. For Information
Contact:

Name: Franci Orellana
Contract Specialist – Contractor

B. Telephone C. E-mail Address
(Area Code) (Number) (Ext)
Franci.Orellana@dc.gov
11. Table of Contents
(X) Section Description Page
No. (X) Section Description Page No.
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
X A Solicitation/Contract Form 1 X I Contract Clauses 23
X B Contract Type, Supplies or Services and
Price/Cost 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
X C Specifications/Work Statement 7 X J List of Attachments 39
x D Packaging and Marking 15 PART IV - REPRESENTATIONS AND INSTRUCTIONS
X E Inspection and Acceptance 16
X K
Representations, Certifications,
and Other Statements of
Offerors

X F Period of Performance and Deliverables 17
X G Contract Administration 18 X L Instructions, Conditions, and
Notices to Offerors

X H Special Contract Requirements 21 M Evaluation Factors
OFFER
12. In compliance with the above, the undersigned agrees, if this offer is accepted within 120 calendar days from the date for receipt of offers specified above, to
furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s ), within the time specified herein.
13. Acknowledgement of Amendments (The offeror
acknowledges receipt of amendments to the
SOLICITATION) [In case there is more than three
amendments attach separate sheet with
acknowledgements):
Amendment
Number Date Amendment
Number Date
1 10/8/2024
2 10/15/2024

15A. Excel Tree Expert Company, Incorporated
7549 Montevideo Rd
Jessup, MD 20794
16. Name and Title of Person Authorized to Sign Offer/Contract
15B. Telephone 15C. Check if
remittance address is
different from above -
Refer to Section G
17. Signature 18. Offer Date
AWARD (TO BE COMPLETED BY GOVERNMENT)
19. Accepted as to Items Numbered

20. Amount 21. Accounting and Appropriation

22. Name of Contracting Officer (Type or Print)

Benita Scott

23. Signature of Contracting Officer (District of
Columbia)

24. Award Date

Government of the District of Columbia Office of Contracting & Procuremen t
Vice President
410-799-3266
01/07/2025
Roberta A Levine

2

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

B.1 The Contract, entitled DCKA-2024-C-0113, is entered into between the District of Columbia
Office of Contracting and Procurement (the “District” or “OCP”), on behalf of the District
Department of Transportation (DDOT or “Department”) and Excel Tree Expert Company,
Incorporated (“Contractor”) as the Contractor to perform District-wide pruning services for
vegetation as specified in Section C.5.

B.2 This is an indefinite-delivery-indefinite-quantity (“IDIQ”) contract with fixed unit pricing in
accordance with 27 DCMR § 2416.

B.3 RESERVED

B.4 RESERVED

B.5 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01 et seq.

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

B.5.3 The Contractor shall pay its subcontractors which are nonprofit organizations the same indirect
cost rates as the nonprofit organization subcontractors would have received as a prime

B.6 RESERVED

B.7 INDEFINITE DELIVERY- INDEFINI TE QUANTITY (IDIQ) CONTRACT

3
This is an IDIQ contract for the supplies or services specified, and effective for the period stated.
a) Delivery or performance shall be made only as authorized by orders issued in accordance
with the Ordering Clause in Section G.7. The Contractor shall furnish to the District, when
and if ordered, the supplies or services specified in the Schedule up to and including the
designated maximum quantity for each CLIN. The District will order at least the designated
minimum quantity for each CLIN.
b) There is no limit on the number of orders that may be issued. The District may issue orders
requiring delivery to multiple destinations or performance at multiple locations.
c) Any order issued during the effective period of this contract and not completed within that
period shall be completed by the Contractor within the time specified in the order. The
contract shall govern the Contractor's and District's rights and obligations with respect to that
order to the same extent as if the order were completed during the contract's effective period.

B.8 PRICE SCHEDULE – IDIQ

B.8.1 BASE YEAR

Contract
Line Item
No.
(CLIN)
Item Description Price Per
Unit
Quantity
Minimum
Minimum
Total Price
(Unit price x
minimum quantity)
Quantity
Maximum
Maximum
Total Price
(Unit price x
Maximum quantity)
0001 Prune Tree 0"-6" $120.00 1 $120.00 3,866 $463,920.00
0002 Prune tree 6.1"-12" $195.00 1 $195.00 1,950 $380,250.00
0003 Prune Tree 12.1"-18" $210.00 1 $210.00 1,050 $220,500.00
0004 Prune Tree 18.1"-24" $250.00 1 $250.00 600 $150,000.00
0005 Prune Tree 24.1"-30" $340.00 1 $340.00 350 $119,000.00
0006 Prune Tree 30.1"-36" $475.00 1 $475.00 225 $106,875.00
0007 Prune Tree 36.1"-42" $565.00 1 $565.00 120 $67,800.00
0008 Prune Tree 42.1"-48" $650.00 1 $650.00 50 $32,500.00
0009 Prune Tree 48.1"-54" $800.00 1 $800.00 20 $16,000.00
0010 Prune Tree 54.1"-60" $1,100.00 1 $1,100.00 5 $5,500.00
0011 Linear Pruning Yard $21.00 1 $21.00 1,000 $21,000.00
Base Period Total $4,726.00 9,236 $1,583,345.00

4

B.8.2 OPTION YEAR ONE

Contract
Line Item
No.
(CLIN)
Item Description Price Per
Unit
Quantity
Minimum
Minimum
Total Price
(Unit price x
minimum quantity)
Quantity
Maximum
Maximum
Total Price
(Unit price x
Maximum quantity)
1001 Prune Tree 0"-6" $120.00 1 $120.00 3,866 $463,920.00
1002 Prune tree 6.1"-12" $195.00 1 $195.00 2,000 $390,000.00
1003 Prune Tree 12.1"-18" $210.00 1 $210.00 1,050 $220,500.00
1004 Prune Tree 18.1"-24" $250.00 1 $250.00 600 $150,000.00
1005 Prune Tree 24.1"-30" $340.00 1 $340.00 350 $119,000.00
1006 Prune Tree 30.1"-36" $475.00 1 $475.00 225 $106,875.00
1007 Prune Tree 36.1"-42" $565.00 1 $565.00 120 $67,800.00
1008 Prune Tree 42.1"-48" $650.00 1 $650.00 50 $32,500.00
1009 Prune Tree 48.1"-54" $800.00 1 $800.00 20 $16,000.00
1010 Prune Tree 54.1"-60" $1,100.00 1 $1,100.00 5 $5,500.00
1011 Linear Pruning Yard $21.00 1 $21.00 1,000 $21,000.00
Option Year 1 Total $4,726.00 9,286 $1,593,095.00

B.8.3 OPTION YEAR TWO

Contract
Line Item
No.
(CLIN)
Item Description Price Per
Unit
Quantity
Minimum
Minimum
Total Price
(Unit price x
minimum quantity)
Quantity
Maximum
Maximum
Total Price
(Unit price x
Maximum quantity)
2001 Prune Tree 0"-6" $121.00 1 $121.00 3,866 $467,786.00
2002 Prune tree 6.1"-12" $197.00 1 $197.00 2,250 $443,250.00
2003 Prune Tree 12.1"-18" $212.00 1 $212.00 1,050 $222,600.00
2004 Prune Tree 18.1"-24" $252.00 1 $252.00 600 $151,200.00
2005 Prune Tree 24.1"-30" $343.00 1 $343.00 350 $120,050.00
2006 Prune Tree 30.1"-36" $479.00 1 $479.00 225 $107,775.00
2007 Prune Tree 36.1"-42" $570.00 1 $570.00 120 $68,400.00
2008 Prune Tree 42.1"-48" $656.00 1 $656.00 50 $32,800.00
2009 Prune Tree 48.1"-54" $808.00 1 $808.00 20 $16,160.00
5
2010 Prune Tree 54.1"-60" $1,111.00 1 $1,111.00 5 $5,555.00
2011 Linear Pruning Yard $22.00 1 $22.00 1,000 $22,000.00
Option Year 2 Total $4,771.00 9,536 $1,657,576.00

B.8.4 OPTION YEAR THREE

Contract
Line Item
No.
(CLIN)
Item Description Price Per
Unit
Quantity
Minimum
Minimum
Total Price
(Unit price x
minimum quantity)
Quantity
Maximum
Maximum
Total Price
(Unit price x
Maximum quantity)
3001 Prune Tree 0"-6" $122.00 1 $122.00 3,866 $471,652.00
3002 Prune tree 6.1"-12" $199.00 1 $199.00 2,350 $467,650.00
3003 Prune Tree 12.1"-18" $214.00 1 $214.00 1,100 $235,400.00
3004 Prune Tree 18.1"-24" $254.00 1 $254.00 600 $152,400.00
3005 Prune Tree 24.1"-30" $346.00 1 $346.00 350 $121,100.00
3006 Prune Tree 30.1"-36" $483.00 1 $483.00 225 $108,675.00
3007 Prune Tree 36.1"-42" $575.00 1 $575.00 120 $69,000.00
3008 Prune Tree 42.1"-48" $662.00 1 $662.00 50 $33,100.00
3009 Prune Tree 48.1"-54" $816.00 1 $816.00 20 $16,320.00
3010 Prune Tree 54.1"-60" $1,122.00 1 $1,122.00 5 $5,610.00
3011 Linear Pruning Yard $23.00 1 $23.00 1,000 $23,000.00
Option Year 3 Total $4,816.00 9,686 $1,703,907.00

B.8.5 OPTION YEAR FOUR

Contract
Line Item
No.
(CLIN)
Item Description Price Per
Unit
Quantity
Minimum
Minimum
Total Price
(Unit price x
minimum quantity)
Quantity
Maximum
Maximum
Total Price
(Unit price x
Maximum quantity)
4001 Prune Tree 0"-6" $123.00 1 $123.00 3,866 $475,518.00
4002 Prune tree 6.1"-12" $201.00 1 $201.00 2,500 $502,500.00
4003 Prune Tree 12.1"-18" $216.00 1 $216.00 1,150 $248,400.00
4004 Prune Tree 18.1"-24" $256.00 1 $256.00 600 $153,600.00
4005 Prune Tree 24.1"-30" $349.00 1 $349.00 350 $122,150.00
6
4006 Prune Tree 30.1"-36" $487.00 1 $487.00 225 $109,575.00
4007 Prune Tree 36.1"-42" $580.00 1 $580.00

120 $69,600.00
4008 Prune Tree 42.1"-48" $668.00 1 $668.00 50 $33,400.00
4009 Prune Tree 48.1"-54" $824.00 1 $824.00 20 $16,480.00
4010 Prune Tree 54.1"-60" $1,133.00 1 $1,133.00 5 $5,665.00
4011 Linear Pruning Yard $24.00 1 $24.00 1,000 $24,000.00
Option Year 4 Total $4,861.00 9,886 $1,760,888.00

7
SECTION C: SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE:

The District of Columbia Government, Depart ment of Transportation (DDOT) Urban Forestry
Administration (UFD) is seeking to acquire the services of up to five contractor(s) to perform
pruning services for vegetation as specified in Section C.5 below.

C.2 APPLICABLE DOCUMENTS

The following documents are applicable to this procurement and are hereby incorporated by this
reference:
Item No. Document Type Title Date
1 Government Standard Contract Provisions for Use
with District of C o l um bi a Government
Supply and S e r vi c e Contracts
Most Current
2 U.S.
Department of
Labor Wage
No. 2015-4281 Revision No. 30 July 22, 2024
3 Standards American National Standard Institute
(ANSI) A300
Most
Current
4 Standards ANSI A300 Part 1 Companion
Publication: Best Management
Practices - Tree Pruning
Most
Current
5 Standards Occupational Safety and Health
Association's Safety Standards
Most Current
6 References An Illustrated Guide to Pruning
(Gilman) Third Edition
August 11, 2011
7 References ABCs Field Guide to Young and Small Tree
Pruning
April 12, 2011
9 Standards ANSI Z 133.1 Standard for Tree Care
Operations
2017
10 Standards 29 CFR 1910.331-335 October 6, 2015
11 Standards 29 CFR 1910.268 November 18, 2018
12 Standards 29 CFR 1920.269 November 18, 2018
13 Standard Sections 104.02, Maintenance of Traffic, (A)
Traffic Flow Restrictions, (B) Traffic Control
Plan and (C) Traffic Controls, of the Standard
Specifications for Highways and Structures,
2013
Most Current
17 Standards Section 608.01, Remove Tree and/or Stump, of
the Standard Specifications for Highways and
Structures, Highways and Structures
Most
Current
8

C.3 DEFINITIONS

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

C.3.1 Arborist:

An individual engaged in the profession of arboriculture posse ssing an Arborist Certification
issued by the International Society of Arboriculture (ISA). See: https://www.isa-
arbor.com/Credentials/Types-of-Credentials/ISA-Certified-Arborist

Contractor must retain one (1) full-time em ployee who possesses a curre nt and valid Arborist
certification from ISA who will provide daily, in-p erson, on-site supervision of the full crew(s)
performing pruning services (see C.5.2.1).

C.3.2 A Full Crew:

Defined at a minimum as a three (3) person crew to include a tree pruning foreman with a minimum
of five (5) years of tree pruning experience, two (2) ground staff with a minimum of three (3) years
of tree pruning experience. (see C.5.2.1)

C.3.3 Crown:

Upper part of a tree, measured from the lowest branch, including all the scaffolds, branches, twigs
and foliage.

C.3.4 Diameter At Breast Height (DBH):

A measurement of the tree trunk's diameter, taken at a height of four and one-half feet above
grade.

C.3.5 Structural pruning:

Pruning method to establish a strong arrangement or system of scaffold branches.
Structural Pruning influences the orientation, spacing, growth rate, strength of attachment, and ultimate size
of branches and stems resulting in a strong tree; structural pruning includes the practice, as appropriate, of
subordination pruning.

C.3.6 Subordination Pruning:

Involves selectively reducing, or subordinating, selected leaders and branches to encourage
the growth of other tree components. Subordination pruning encourages a single or selected
limb, branch, or leader. Subordination pruning results in strengthened branch unions, and
reduces the likelihood of limb failure.

C.3.7 Objectionable limbs:
9
Includes limbs less than 10' from structures (whe re achievable without harming the tree), blocking
traffic control devices and/or limbs interfering with the cone of light from streetlights. Traffic control
devices shall include stop signs, stop lights, or any de vice that is intended to control traffic or alert
the public to danger.
C.3.8 Three Point Cutting Method:
The first cut is the undercut about 1-2 feet from the crotch followed by the top cut an inch or two further
out than the undercut. The final cut of the stub is just outside the collar of the living tissue. In all cases,
the finished cut shall leave the branch collar fully intact. The use of chain saws shall be limited to tree
limbs greater than 2" inches diameter. Hand saws and hand pruners shall be used for all limbs less than
2" and all trees less than 6.1" in DBH. DBH is the measurement made at 4.5. All limbs greater than 3"
shall be lowered to the ground following ISA rigging best management practices.
C.3.9 Crown Cleaning:
The selective removal of dead, dying, diseased, damaged, rubbing, detached, broken, hanging,
objectionable, crowded, weakly attached and/or low-vi gor branches from the crown of a tree, as well
as suckers, sprouts, vines and foreign objects.

Crown Cleaning will represent the primary and default method of delivering routine pruning.
C.3.10 Crown Thinning:
Includes crown cleaning as well as selective removal of branches to reduce crown density and increase
light penetration and air movement. Thinning is intended to open the foliage of a tree, reduce the weight
loading of certain sections, and encourage the most appropriate growth habit. Crown thinning shall not
exceed the removal of fifteen percent (15%) of the live crown, nor shall it result in lion-tailing limbs.
Crown thinning will be determined by the CA on a case by case basis. In most cases, crown cleaning
will resolve the majority of crown issues and selected removal of objectionable limbs.
C.3.11 Crown Reduction:
Reduces the size of the tree by cutting selective limbs at their point of origin or laterals capable of
sustaining the remaining limb. Crown reduction shall not exceed the removal of twenty percent (20%)
of the live crown. Crown reduction is done only when appropriate to the species and location, and for
mitigating limbs less than 10' above structures (where achievable without harming the tree), blocking
traffic control devices and/or limbs interfering with the cone of light from streetlights. Traffic control
devices shall include stop signs, stop lights, or any device that is intended to control traffic or alert the
public to danger.
Crown reduction, in combination with Elevation Pruning will be determined by the CA on a case by
case basis. In most cases, crown cleaning will resolve the majority of crown issues and selected removal
of objectionable limbs.
10
C.3.12 Elevation Pruning:
Selective pruning of branches to provide vertical clearance under the crown, including the removal of
branches below 15 feet over the road and 10 feet over the sidewalk. Elevation pruning shall not exceed
the removal of twenty five percent (25%) of th e live crown and shall not result in the live crown
consisting of less than two thirds (2/3) of the total height of the tree.
If ever any of the above definitions are in conflict with the latest version of ANSI A300, or the
companion Best Management Practices Publication Tree Pruning, the latest version of the ANSI/Best
Management Practices publication shall prevail.
Elevation pruning shall occur in all instances, unless otherwise instructed.
C.3.13 Smart Device:
Understood as a mobile telecommunications device with an iOS or Android operating system and be
furnished with a mobile data cellular connection for field use.
C.3.14 Linear Clearance of Vegetation:
Where vegetation has encroached upon or from public space, clearance shall consist of cutting
vegetation with a caliper of less than 6" to the ground, clearing overgrowth such as shrubs, grasses,
bamboo, vines, etc, and generally clearing objectionable vegetation in accordance with those clearances
outlined in Section C.5.6 below. The measure of payment shall be based on a linear yard and shall
provide a depth of clearance no less than 2 yards back from the edge, creating a swath of clearance along
the linear yard unit, as identified by the CA or his/her designee.
C.3.15 Sucker/Root Sprout:
A small branch produced on the root collar or originating from the roots.
C.3.16 Sprouts:
Upright shoot emerging epicormically or adventitiously from the trunk or branch, often associated with
physiological stress such as over-pruning, drought, lightning strike or root damage. (May also be
referred to as watersprouts.)
C.3.17 Co-Dominant Stem:
A stem growing at about the same rate, and with nearly the same diameter, as another stem originating
from the same union.

C.4 BACKGROUND

There is a great diversity of ve getation originating from public st reets, parks, schools and other
public spaces in the District of Columbia, including conifer, broadleaf evergreen, and deciduous
species. For each species, there exists substantial variation in age, size, condition, and structure
11
of individual trees. This species diversity and tree variabi lity create challenges regarding tree
care practices and pruning. Pruning needs can vary substantially depending on these factors: some
trees will need little or no pruning, while others will need substantial pruning. In addition, some
trees need to be pruned to improve structure and reduce the risk of failure, while others need parts
removed to maintain and/or impr ove plant health. Most work orde rs will be performed working
from a bucket truck, while others will require actual tree climbi ng to access the tree and reach
throughout the tree’s crown; still, other jobs will be best appro ached from the ground. To ensure
that pruning is appropriate for the species and individual tree growth characteristics, it is important
to have a clear understanding of the specific ne eds of the tree and the objectives for pruning.
Pruning objectives include the following:

C.4.1.1 Improve structure and strength to reduce failure potential;
C.4.1.2 improve tree health (removal of dead branches and management of pests);
C.4.1.3 improve aesthetic characteristics;
C.4.1.4 provide clearance for pedestrians, vehicles and structures;
C.4.1.5 improve safety and security for residents and visitors;
C.4.1.6 repair tree damage;
C.4.1.7 reduce maintenance costs (i.e. when applied to young trees); and
C.4.1.8 influence flowering and fruiting of some species.

C.5 REQUIREMENTS

C.5.1 The contractor shall be respons ible for providing all management , supervision, personnel, tools,
materials, equipment and transportation necessary to prune trees in the Public Right of Way and
other public trees located on pa rk, school and other governme nt-owned properties located
throughout the District. The contractor shall pe rform all work in accordan ce to the applicable
documents listed in Section C.2. The location of the trees and specific pr uning treatment will be
issued as work orders throughout the life of the contract by the Contract Administrator (CA) or
their designee.

C.5.2 The contractor shall be resp onsible for providing full crews to perform services as stated in this
contract. The contractor shall provide all hand pruners, saws, pole saws as well as ladders, rakes,
brooms, and other tools that shall be required to successfully deliver pruning services including
ground protection matting to allow access into turf and unimproved surfaces without rutting and
to protect sidewalks and paths when crossing to access trees. Ground prot ection matting shall be
at least ½" thick and support up to 60 tons; i.e. matting shall resemble AlturnaMat, DuraDeck, or
VersaMat. Ten days prior to award, the contractor shall provide proof of ownership of the
equipment listed in this secti on or provide proof of an existing long-term equipment lease of
at least two (2) years. The contractor shall prep are all traffic control pl ans in accordance with
Sections 104.02, Maintenance of Traffic, (A) Traffic Flow Restrictions, (B) Traffic Control Plan,
and (C) Traffic Controls, of the Standard Specifications for Highways and Structures (latest
version). The contractor shall ensure all cutting tools that are used to remove diseased limbs are
disinfected with a commercial disinfectant product.

C.5.2.1 The Contractor shall maintain a working roster with the following Key Personnel and Equipment
throughout the duration of the contract:
12
- One (1) full-time employee w ho possesses a current and valid Arborist certification from
the ISA (see C.3.1) who will provide daily, in -person, on-site supervision of the crew(s)
performing pruning services;
- One (1) full-time tree pruning foreman who is skilled in the operation of the required aerial
bucket trucks and aerial lifts, a nd has at least five (5) years of experience providing tree
pruning services (see C.3.2);
- Two (2) ground staff who shall assist in delivering pruning services, and who each possess
a minimum of three (3) years of experience supporting the delivery of tree pruning services
(see C.3.2);
- One (1) aerial bucket truck with a minimum work ing height of seventy-five (75) vertical
feet, and an enclosed body capable of receiving and transporting wood chips;
- One (1) aerial lift work platform (i.e., Sp iderlift) with a minimum working height of
seventy-five (75) and an enclosed body capable of receiving and transporting wood chips
vertical feet; and
- One (1) wood chipper capable of processing wood with a diameter of up to 14”

C.5.3 The contractor shall measure the diameter breast height (DBH) of trees by DBH at 4.5 feet
above ground level. Tree sizes range from 0" to 60" and above in accordance with Section 608.01,
Remove Tree and/or Stump, of the Standard Specifications for Highways and Structures, Revised
2013.

C.5.4 The contractor shall not use spikes, spurs, or gaffs on any tree being pruned.

C.5.4.1The contractor shall conduct an elevation pruning and crown cleaning as the standard form of
pruning on all trees; additionally, structural pruning shall be performed on all trees with a DBH
of 12” or less;

C.5.4.2 Elevation pruning includes the removal of the br anches below 15 feet ove r the road and 10 feet
over the sidewalk;

C.5.4.3 Crown cleaning includes the selective removal of dea d, dying, diseased, damaged, rubbing,
detached, broken, hanging, objectionable, crowded, weakly attached and/or low-vigor branches
from the crown of a tree, as well as vines and foreign objects.

C.5.4.4 The contractor shall remove all deadwood great er than 1". Deadwood shall be removed from
the interior of the tree crown as well as at the tips;

C.5.4.5 Crown thinning, only at the explicit direction of the CA or his/her designee;

C.5.4.6 Crown reduction , only at the explicit direction of the CA or his/her designee;

C.5.4.7 Struct ural prune, all trees less than 12” DBH, and all trees greater than 12” DBH only at the
explicit direction of the CA or his/her designee;

C.5.4.8 Subordination pruning , shall be performed as appropriate on all trees less than 12” DBH, and
all trees greater than 12” DBH only at the explicit direction of the CA or his/her designee; the
contractor shall selectively pr une in a manner that trees whic h are developing more than one
13
(1) dominant leader promotes a single dominant leader by subordinating the other competitive
branches. In selecting the dominant leader, the c ontractor shall consider the tree's form, health
and structure. All subordination pruning shall be intended to correct and/or prevent the
establishment of more than a single dominant leader and prevent individual branches from
growing larger than half the trunk diameter.

C.5.4.9 The contractor shall use for all cuts over 3" in diameter the three-point method;

C.5.4.10 The contractor shall lower all branches greater than 3" to the ground using ropes; and

C.5.4.12 The contractor shall chip all brush and debris on site. The c ontractor shall not leave debris in
the public space after the tree ha s been pruned. The contractor shall blow off all debris from
the sidewalk and area around the tree using non-gas powered blower.

C.5.5 The contractor shall obtain "E mergency No Parking" signs th rough DDOT's Transportation
Online Permitting System (TOPS), and post "Emerg ency No Parking" signs after the locations
are provided by the CA, in accordance with DDOT policies and regulations. Any change of
location or work dates during the 72-hour period must be made by the close of business the day
the work was intended. Changes require another 72-hour posting period or removal of the signs
and reposting to take place la ter in accordance with the la test version of Section 107.07,
Barricades and Warning Signs, of DDOT’s Standard Specifications for Highways and Structures
(latest version).

C.5.6 The contractor shall leave the si te safe and shall clea r the public right of way for pedestrians
and vehicles to travel, in accordance with all applicable regulations, including 24DCMR§3315
– Safe Accommodation for Pedestrians and Bicyclists.

C.5.7 The contractor shall restore any turf areas a nd grades damaged by vehicles or mechanical
operations to their original condition. The contractor shall take care to protect public and
private property such as sidewalks, fences, retaining walls, other trees, shrubs, and automobiles.

C.5.8 The contractor shall notify the CA, in writing, of all damage to private or public space by the
close of business on the day of the event with a description of what happened and photos of the
incident.

C.5.9 The contractor shall coordinate with the approp riate utility authority before proceeding with
pruning services, as required.

C.5.10 The contractor shall provide a daily completion report that details those locations where
service was delivered since the previous comple tion report. These reports shall occur no less
frequently than daily and shall be a running tally that appends the most recently completed locations
to the prior reports of completion, and shall include the Work Order ID, Tree Location & date
serviced. DDOT may, at some t ime through the life of the contr act, require the contractor to
report work order completion directly from the field using smartphones interfacing with work
management systems provided by DDOT.
14

C.6 Tree Pruning in Pepco Wires:

The contractor shall abide by all safety rule s or requirements and mu nicipal regulations and
standards including the latest re vision of the ANSI Z133.1 Standa rd for Tree Care Operations,
29 CFR1910.331-335, 29 CFR1910.268, or 29 CFR1910.269. All brush a nd debris created by
PEPCO’s work on a public tree that Pepco performs for UFD's purpose shall be removed by
the contractor.

C.7 UTILITY PROTECTIVE ALERT

NAME

TELEPHONE
NUMBER

FACILITIES

“Miss Utility” for
Gas Light Company,
PEPCO, AT&T
1-800-257-7777 Gas lines; telephone,
electric and communication
conduits and cables Water
mains and Sewers

DC Water and Sewer
Authority
202-698-3600
1-800-257-7777

D.C. DPW 202-698-3600
202-698-3605
202-671-2610
Fire Alarm electrical systems
Street lighting inspection
Traffic signal systems
GSA 202-708-4895
202-690-9720
Steam piping Steam tunnel
and condenser water conduit

C.8 After all work is completed at any location, the contractor shall restore the work area and clean
up all debris generated by the work in accordance with the Standard Contract Provision, Article
17, Section F, Site Mainte nance, of the Standards Specifica tions for Highways and Structures,
2013.

C.9 Pruning Crew Production:

C.9.1 All trees assigned for pruning mu st be pruned within the deliv ery period established by the
work order.

C.9.2 Upon being assigned a new work list of pruning work orders, the contractor shall have 30 days
to complete all the work. Assignment of additional pruning work order lists shall be
contingent on the contractor’s ability to deliver pruning services within this 30-day time
frame.

15
SECTION D: PACKAGING AND SHIPPING

Not applicable
16
SECTION E: INSPECTION AND ACCEPTANCE

E.1 The inspection and acceptance requi rements for this contract shall be governed by clause number
clause number (6), Inspection of Services of the Government of the District of Columbia's
Standard Contract Provisions. (Attachment J.1)

17
SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT

The term of the contract shall be from December 20, 2024 through December 19, 2025. This term
includes the term of the letter contract awarded on December 20, 2024, which will merge into this
definitive Contract upon the signing of the definitive Contract by the Contracting Officer.

F.2 OPTION TO EXTEND TH E 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,
or successive fractions thereof, 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 (CO) prior
to expiration of the contract.

F.2.2 If the District exercises an 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.

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

F.3.1 The Contractor shall perform th e activities required to successfully complete the District’s
requirements and submit each deliverable to the Contract Administrator (CA) identified in section
G.2 in accordance with the following:

CLIN Deliverable

Quantity Format/Method of
Delivery
Due Date
N/A Daily Completion
Report
1 Electronic Daily

F.3.2 For contracts subject to the 51% District Re sidents New Hires Requirements and First Source
Employment Agreement requirements, the Contractor shall submit to the CA, as a deliverable, the
compliance report or a waiver of compliance with its final request for payment.
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SECTION G: CONTRACT ADMINISTRATION

G.1 CONTRACTING OFFICER (CO)

G.1.1 Contracts will be entered into and signed on beha lf of the District only by contracting officers.
The contact information for the CO is:

Benita F. Scott
Deputy Chief Contracting Officer
Office of Contracting and Procurement
District Department of Transportation
250 M Street, SE 7th Floor
Washington, DC 20003
Benita.Scott@dc.gov

G.1.2 The CO is the only person authorized to appr ove changes in any of the requirements of the
contract.
G.1.3 The Contractor shall not comply with any order, directive, or request that changes or modifies
the requirements of the contract, unless issued in writing and signed by the CO.

G.1.4 In the event the Contractor eff ects 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.2 CONTRACT ADMINISTRATOR (CA)

G.2.1 The contact information for the CA is:

Earl Eutsler
Associate Director/State Forester
Urban Forestry Administration
District Department of Transportation
250 M Street SE
Washington, DC 20003
202-673-6813
Earl.Eutsler@dc.gov
G.2.2 The CA is responsible for general administration of the contract and advising the CO as to the
Contractor’s compliance or noncompliance with the contract. The CA has the responsibility of
ensuring the work conforms to the requirements of the contract and such other responsibilities
and authorities as may be specified in the contract. These include:
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;
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2. Coordinating site entry for Contractor personnel, if applicable;
3. Reviewing invoices for completed work and recommending approval if the Contractor’s
costs are consistent with the negotiated amounts and progress is satisfactory and
commensurate with the rate of expenditure;
4. Reviewing and approving invoices for deliverables to ensure receipt of supplies and
services. This includes the timely processing of invoices and vouchers in accordance with
the District’s payment provisions; and
5. Maintaining all contract correspondence, modifications, records of inspections (site, data,
equipment, etc.) and invoices or vouchers.
G.2.3 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 li mit 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 in the contract.
G.2.4 The Contractor will be fully responsible for a ny 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.
G.3 INVOICE PAYMENT

G.3.1 The District will make payments to the Contra ctor, 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.3.2 The District will pay the Cont ractor on or before the 30th day after receiving a proper invoice from
the Contractor.

G.4 INVOICE SUBMITTAL

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G.4.1 The Contractor shall create and submit payment requests in an electronic format through the DC
Vendor Portal, https://vendorportal.dc.gov

G.4.2 The Contractor shall submit proper invoices on a monthly basis or as otherwise specified in the
contract.

G.4.3 To constitute a proper invoice, the Contractor shall enter all required information into the Portal
after selecting the applicable purchase order number which is listed on the Contractor’s profile.

G.5 FIRST SOURCE AGREEMEN T REQUEST FOR FINAL PAYMENT

G.5.1 For contracts subject to the 51% District Residents New Hires Requirements and First Source
Employment Agreement requirements, final request for payment must be accompanied by the
compliance report or a waiver of compliance.

G.5.2 The District may impose monetary fines for willful breach of the employment agreement or failure
to submit the compliance report.

G.6 PAYMENT

G.6.1 PARTIAL PAYMENTS

Unless otherwise specified in this contract, payment will be made on partial deliveries of supplies
and services accepted by the District if:

a) The amount due on the deliveries warrants it; or

b) The Contractor requests it and the amount due on the deliveries is in accordance with the
following:

 "Payment will be made on completion and acceptance of each percentage or stage of work
in accordance with the prices stated in the Schedule in Section B."; and

c) Presentation of a properly submitted invoice.

G.7 ORDERING CLAUSE

G.7.1 Any supplies and services to be furnished under this contract must be ordered by issuance of
delivery orders or task orders by the CO. Such orders may be issued during the term of this
contract.
G. 7.2 All delivery orders or task orders are subject to the terms and conditions of this contract. In the
event of a conflict between a delivery order or task order and this contract, the contract shall
control.
G. 7.3 Delivery orders or task orders may be issued by facsimile or by electronic commerce methods and
are considered "issued" when the District sends the order.
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SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 DISTRICT RESPONSIBILITIES

Not Applicable

H.2 CONTRACTOR RESPONSIBILITIES

Refer to Section C

H.3 DIVERSION, REASSIGNMENT AND REPLACEMENT OF KEY PERSONNEL

The key personnel specified in the contract are considered to be essential to the work being
performed hereunder. Prior to diverting any of the specified key personnel for any reason, the
Contractor shall notify the CO at least thirty (30) calendar days in advance and shall submit
justification, including proposed substitutions, in sufficient detail to permit evaluation of the
impact upon the contract. The Contractor shall obtain written approval of the CO for any proposed
substitution of key personnel.

H.4 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT
Delete Article 35, 51% District Residents New Hires Requirements and First Source Employment
Agreement, of the Standard Contract Provisions dated July 2010 for use with District of Columbia
Government Supplies and Services Contracts and substitute the following Section H.5 51%
DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT in its place:

H.4 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT

H.4.1 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.4.2 The Contractor shall enter into and maintain during the term of the contract, a First Source
Employment Agreement (Employment Agreement) with the District of Columbia Department
of Employment Service’s (DOES), in which the Contractor shall agree that:

(a) The first source for finding employees to fill all jobs created in order to perform the contract
shall be the First Source Register; and

(b) The first source for finding employees to fill any vacancy occurring in all jobs covered by
the Employment Agreement shall be the First Source Register.

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H.4.3 The Contractor shall not begin performance of the contract until its Employment Agreement has
been accepted by DOES. Once approved, the Employment Agreement shall not be amended
except with the approval of DOES.

H.4.4 The Contractor agrees that at least 51% of the new employees hired to perform the contract
shall be District residents.

H.4.5 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.4.6 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.4.7 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.4.8 Any contractor which violates, more than once within a 10-year timeframe, the hiring or
reporting requirements of the First Source Act shall be referred for debarment for not more than
five (5) years.

H.4.9 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.4.10 The provisions of the First Source Act do not apply to nonprofit organizations which employ 50
employees or less.

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SECTION I: CONTRACT CLAUSES

I.1 HIRING OF DISTRICT RESIDE NTS AS APPRENTICES AND TRAINEES

For contracts for services in the amount of $300,000 or more, the Contractor shall comply with the
Workforce Intermediary Establishment and Reform of the First Source Amendment Act of 2011,
D.C. Code § 2-219.01 et seq. (“First Source Act”) and Contractor’s First Source Employment
Agreement.

If a contractor has one or more contracts to provide construction, renovation work, or information
technology work to the District valued at $500,000 or more during a 12-month period, the
contractor is required to register an apprenticeship program with the DC Apprenticeship Council
through the DOES Office of Apprenticeship. The prime contractor shall include this provision its
subcontracts under those contracts.

Contractors with a contract valued at more than $1 million are required to register an
apprenticeship program with the DC Apprenticeship Council through the DOES Office of
Apprenticeship.

I.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS

The Contractor shall be bound by the Wage Determination No. 2015-4281 Revision #30, dated July
22, 2024, issued by the U.S. Department of Labor in accordance with the Service Contract Act, 41
U.S.C. §§ 6701 - 6707, 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 23 of the SCP, Service Contract Labor Standards. 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 period and the Contractor may be entitled to an equitable
adjustment.

I.3 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. A copy of the
SCP may be obtained at https://ocp.dc.gov, go to Quick Links and click on “Required
Solicitation Documents”.

I.4 INSURANCE

A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and maintain,
during the entire period of performance under this contract, the types of insurance specified below.
The Contractor shall submit a Certificate of Insurance to the Contracting Officer (CO) giving
evidence of the required coverage prior to commencing performance under this contract. In no
event shall any work be performed until the required Certificates of Insurance signed by an
authorized representative of the insurer(s) have been provided to, and accepted by, the CO.
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The Government of the District of Columbia shall be included in all policies, where applicable and
allowable by law, required hereunder to be maintained by the Contractor and its subcontractors
(except for workers’ compensation and professional liability insurance) as an additional insureds for
claims against The Government of the District of Columbia relating to this contract, with the
understanding that any affirmative obligation imposed upon the insured Contractor or its
subcontractors (including without limitation the liability to pay premiums) shall be the sole
obligation of the Contractor or its subcontractors, and not the additional insured. The additional
insured status under the Contractor’s and its subcontractors’ Commercial General Liability
insurance policies shall be effected using the ISO Additional Insured Endorsement form CG 20 10
11 85 (or CG 20 10 07 04 and CG 20 37 07 04) or such other endorsement or combination of
endorsements providing coverage at least as broad and approved by the CO in writing. All of the
Contractor’s and its subcontractors’ liability policies (except for workers’ compensation and
professional liability insurance) shall be endorsed using ISO form CG 20 01 04 13 or its equivalent
so as to indicate that such policies provide primary coverage (without any right of contribution by
any other insurance, reinsurance or self-insurance, including any deductible or retention, maintained
by an Additional Insured) for all claims against the additional insured arising out of the
performance of this Statement of Work by the Contractor or its subcontractors, or anyone for whom
the Contractor or its subcontractors may be liable. These policies shall include a separation of
insureds clause applicable to the additional insured.

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

B. INSURANCE REQUIREMENTS

1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide evidence
satisfactory to the CO with respect to the services performed that it carries a CGL policy,
written on an occurrence (not claims-made) basis, on Insurance Services Office, Inc. (“ISO”)
form CG 00 01 04 13 (or another occurrence-based form with coverage at least as broad and
approved by the CO in writing), covering liability for all ongoing and completed operations of
the Contractor, covering claims for bodily injury, including without limitation sickness, disease
or death and mental anguish of any persons, broad form property damage, including loss of use
resulting therefrom, personal and advertising injury, and 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 for each occurrence, and a $2,000,000 general aggregate.

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

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

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

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

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

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

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

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

5. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence satisfactory
to the CO of commercial umbrella or excess liability insurance with minimum limits of
$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 Government of the District of Columbia and the
“other insurance” provision must be amended in accordance with this requirement and
principles of vertical exhaustion.

6. Environmental Liability/Contractors Pollution Liability Insurance - The Contractor shall provide
evidence satisfactory to the CO of environmental liability insurance covering losses caused by
pollution or other hazardous conditions arising from ongoing or completed operations of the
Contractor. Such insurance shall apply to bodily injury, property damage (including loss of use
of damaged property or of property that has been physically injured), clean-up costs, transit and
non-owned disposal sites. Coverage shall extend to defense costs and expenses incurred in the
investigation, civil fines, penalties and damages or settlements. There shall be neither an
exclusion nor a sublimit for mold or fungus-related claims. The minimum limits required under
this paragraph shall be $1,000,000 per occurrence and $1,000,000 in the annual aggregate. If
such coverage is written on a claims-made basis, the Contractor warrants that any retroactive
date applicable to coverages under the policy precedes the Contractor’s performance of any
work under the Contract and that continuous completed operations coverage will be maintained
for at least two (2) years or an extended reporting period shall be purchased for no less than two
(2) years after completion.

The Contractor also must furnish to the CO Owner certificates of insurance evidencing
environmental liability insurance maintained by third party transportation and disposal site
27
operators(s) used by the Contractor for losses arising from facility(ies) accepting, storing or
disposing hazardous materials or other waste as a result of the Contractor’s operations.
Such coverages must be maintained with limits of at least the amounts set forth above.

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

C. SUBCONTRACTOR INSURANCE REQUIREMENTS
The Contractor shall require all of its subcontractors to carry at a minimum the
insurance coverage and limits proportionate to the Sub-Trade Contractor contract
value, scope and risk. The Contractor shall ensure all tiers of his Sub-Trade
Contractors maintain insurance in like form and amounts, including the Additional
Insured requirements. Each Sub-Trade Contractor shall provide Certificates of
Insurance and applicable endorsements to the Contractor prior to the start of the
Sub-Trade Contractor’s work on this project.

The required insurance shall be subject to the approval of the Contractor, but any
acceptance of insurance certificates by Contractor shall in no way limit or relieve
the Contractor of the duties and responsibilities stipulated in the Trade (Sub)
Contract Agreement.

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

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

F. LIABILITY. These are the required minimum insurance requirements established by The
Government of the District of Columbia. However, it is understood that The Government of the
District of Columbia does not in any way represent that the insurance or the limits of insurance
specified herein are sufficient or adequate to protect your interests or liabilities and will not in any
way limit the contractor’s liability under this contract.

G. CONTRACTOR’S PROPERTY. Contractor and subcontractors are solely responsible for any loss
or damage to their personal property, including but not limited to tools and equipment, scaffolding,
and temporary structures, rented machinery, or owned and leased equipment. A waiver of
subrogation shall apply in favor of The Government of the District of Columbia.

H. MEASURE OF PAYMENT. The Government of the District of Columbia shall not make any
separate measure or payment for the cost of insurance and bonds. The Contractor shall include all
of the costs of insurance and bonds in the contract price.

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I. 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 cancellation, non-renewal, or material changes
to the extent such cancellation or material changes results in Contractor no long complying with
the above requirements. The Contractor shall provide the CO with ten (10) days’ prior written
notice in the event of non-payment of premium. The Contractor will also provide the CO with an
updated Certificate of Insurance should its insurance coverages renew during the contract. The
Government of the District of Columbia may reasonably change the above insurance coverage
requirements during the Term by giving Contractor at least 30 days’ notice of the change.
Contractor must comply, at your expense, and deliver to the CO evidence of compliance before the
change becomes effective.

J. CERTIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days after
execution of this Agreement, certificates of insurance evidencing the required insurance coverage
and endorsements required herein. Contractor must also provide us with evidence of renewal
before the expiration date of each insurance policy. Contractor is responsible for providing us with
30 days advanced written notice if the certificate of insurance by the insurer has been canceled,
reduced in coverage, or otherwise altered. Certificates of insurance must reference the
corresponding contract number. Evidence of insurance shall be submitted to:

The Government of the District of Columbia
And Emailed to the attention of:
Benita F. Scott, MBA
Deputy Chief Contracting Officer
C: 202-961-7872
Benita.scott@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).

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

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

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

I.5 SUBCONTRACTS

(A) The Contractor 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
subcontract shall specify that the Contractor and the subcontractor shall be subject to every
provision of the contract. Notwithstanding any subcontract approved by the District, the
Contractor shall remain liable to the District for all work and services required hereunder.

(B) The prime contractor shall ensure that subcontractors meet the criteria for responsibility
described in D.C. Code § 2-353.01.

(C) The Contractor shall include a dispute resolution provision in all of its subcontracts which
requires 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.

I.6 ENTIRE AGREEMENT

This contract, including the Attachments hereto, constitute the entire agreement between the District
and the Contractor and no statement, promise, condition, understanding, inducement, or
representation, oral or written, expressed or implied, which is not contained herein will be binding or
valid, and this contract may not be changed, modified, or altered in any manner except by an
instrument in writing executed by both parties hereto.

I.7 SUBCONTRACTING REQUIREMENTS

(a) Subcontracting Requirements

(1) The Director of the Department of Small and Local Business Development (DSLBD) has
approved a waiver of the mandatory subcontracting requirements for this contract.

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

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

(4) Each CBE utilized to meet these subcontrac ting requirements shall perform at least 35% of
its contracting effort with its own organization and resources.

(5) A prime contractor th at is a CBE and has been granted a bid preference pursuant to D.C.
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.

I.8 BUSINESS ASSOCIATE COMPLIANCE UNDER HIPAA

If the contractor transmits, creates, accesses, receives, or maintains health information on individuals who are
served by the District and is a Business Associate as that term is defined by the Health Insurance Portability
and Accountability Act of 1996 and associated regulations promulgated at 45 CFR Parts 160, 162, and 164,
the District of Columbia Business Associate Agreement, as it may be modified by the Parties, is incorporated
as part of the contract. To obtain a copy of the DC Business Associate Agreement go
to https://ocp.dc.gov/, under Quick Links click on “Required Solicitation Documents”.

I.9 ORDER OF PRECEDENCE

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

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

I.10 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.11 DISPUTES
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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:

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

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

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

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

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

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

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

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

(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
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Contractor, the Contractor shall be liable to the District for an amount equal to the
unsupported part of the claim in addition to all costs to the District attributable to the cost
of reviewing that part of the Contractor’s claim. Liability under this paragraph (a)(6) shall
be determined within six (6) years of the commission of the misrepresentation of fact or
fraud.

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

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

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

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

(8) Provide a description of the claim or dispute;
(9) Refer to the pertinent contract terms;
(10) State the factual areas of agreement and disagreement;
(11) 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;
(12) 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;
(13) Indicate that the written document is the CO’s final decision; and
(14) Inform the Contractor of the right to seek further redress by appealing
the decision to the Contract Appeals Board.

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

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

(17) 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.

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

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(b) 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.

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

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

15. Changes:

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

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

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

(c) The Contractor shall include in its subcontracts a clause that requires the Contractor to:
(1) Within 5 business days of its receipt of notice the approved additional funding,
provide the subcontractor with notice of the amount to be paid to the subcontractor
for the additional work to be performed by the subcontractor;
(2) Pay the subcontractor any undisputed amount to which the subcontractor is entitled
for the additional work within 10 days of receipt of payment from the District; and
(3) Notify the subcontractor and CO in writing of the reason the Contractor withholds
any payment from a subcontractor for the additional work.

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

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

Non-Discrimination Clause:

(a) The Contractor shall not disc riminate 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.

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

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

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

(a) employment, upgrading or transfer;
(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.

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

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

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

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

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

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

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

I.14 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:
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A. Definitions

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

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

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

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

B. Title to Project Deliverables

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

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

2. Custom Products: Effective upon Product creation, Contractor shall convey, assign, and transfer
to the District the sole and exclusive rights, title and interest in Custom Products, whether
preliminary, final or otherwise, including all patent, trademark, and copyrights. Contractor hereby
37
agrees to take all necessary and appropriate steps to ensure that the Custom Products are protected
against unauthorized copying, reproduction and marketing by or through Contractor.

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

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

D. Subcontractor Rights

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

E. Source Code Escrow

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

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

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

F. Indemnification and Limitation of Liability

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

The following attachments are incorporated into the solicitation and resulting contract 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
https://ocp.dc.gov/, under Quick Links click on “Required Solicitation
Documents”
J.2 U.S. Department of Labor Wage Determination No. 2015-4281, Revision
No. 30, Dated July 22, 2024
J.3
Office of Local Business Development Equal Employment Opportunity
Information Report and Mayor’s Order 85-85 available at https://ocp.dc.gov/,
under Quick Links click on “Required Solicitation Documents”
J.4

Department of Employment Services First Source Initial Employment Plan
available at https://ocp.dc.gov/, under Quick Links click on “Required
Solicitation Documents”
J.5

Department of Employment Services First Source Employment Agreement
available at https://ocp.dc.gov/, under Quick Links click on “Required
Solicitation Documents”
J.6

Way to Work Amendment Act of 2006 - Living Wage Notice
available at https://ocp.dc.gov/, under Quick Links click on “Required
Solicitation Documents”
J.7

Way to Work Amendment Act of 2006 - Living Wage Fact Sheet
available at https://ocp.dc.gov/, under Quick Links click on “Required
Solicitation Documents”
J.8

Tax Certification/Affidavit available at https://ocp.dc.gov/, under Quick Links
click on “Required Solicitation Documents”
J.9

Bidder/Offeror Certifications available at https://ocp.dc.gov/, under Quick
Links click on “Required Solicitation Documents”