Proposed Multiyear Contract Number 0032-2024D between the District of Columbia Housing Authority and Hawks Lawn Care, LLC

March 5, 2025
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
1350 Pennsylvania Avenue NW, Suite 504
Washington, DC 20004-3003
Dear Chairman Mendelson:
Pursuant to D.C. Official Code § 2-352.02, I have enclosed, for consideration by the Council of the District of
Columbia, the (a) Council Contract Summary for the contract between the District of Columbia Housing
Authority (“DCHA”) and Hawks Lawn Care, LLC, and (b) proposed Multiyear Contract Number 0032-2024D with
Hawks Lawn Care, LLC Approval Resolution of 2025.
DCHA proposes to enter into a contract for grounds maintenance and landscaping services for select
DCHA buildings with Hawks Lawn Care, LLC The proposed contract with Hawks Lawn Care, LLC is in the
amount of $363,112.20 for a 2 year term.
As always, I am available to discuss any questions you may have regarding the proposed contract. In order to
facilitate a response to any questions concerning this contract, please have your staff contact Hammere
Gebreyes, Director of External Affairs & Senior Advisor, at (202) 207-4694.
I look forward to your favorable consideration of this proposed contract.
Sincerely,
Keith Pettigr
ew
Executive Director, District of Columbia Housing Authority
Enclosures
KP/hg
c
c: Nyasha Smith, Secretary to the Council
1
COUNCIL CONTRACT SUMMARY
P
ursuant to D.C. Official Code § 2-352.02(c), as amended, the following is provided:
(1) The name of the proposed contractor, the contract/loan amount, and the term
of the proposed contract:
Contractor: Hawks Lawn Care, LLC
Contract Amount: $363,112.20
Contract Term(s): Two Years
Source Selection Method: RFP 0032-2024
(2) Description of the Goods and Services to be provided:
Pursuant to D.C. Official Code § 2-352.02(b)(2), as amended, I have enclosed for
consideration the Ground Maintenance and Landscaping Services Contract for the
Various DCHA Properties located throughout the quadrants of Washington, DC.
(3) A description of the selection process, including the number of offerors,
the evaluation criteria, the evaluation results, and the basis for selecting
the proposed contractor:
T
he District of Columbia Housing Authority (DCHA), entrusted with providing safe
and affordable housing in the District, recognized the critical need for consistent and
high-quality grounds maintenance and landscaping services across its diverse
properties. These services are essential not only for maintaining the aesthetic appeal of
DCHA communities but also for ensuring the safety and well-being of its residents. To
address this need, DCHA initiated a competitive bidding process through Invitation for
Bid (IFB) No. 0032-2024.
This procurement was driven by DCHA's commitment to two core initiatives:
enhancing residents' quality of life through collaboration and partnerships, and
providing livable housing that supports healthy and sustainable communities.
Recognizing that existing service contracts were insufficient to meet the growing
demand, DCHA sought to secure reliable and comprehensive grounds maintenance and
landscaping services through a formal procurement process.
To ensure maximum outreach and attract a diverse pool of qualified bidders, DCHA
employed a comprehensive advertising strategy. The IFB was announced on May 1,
2024, with a closing date of June 3, 2024. The announcement was strategically placed
in a variety of print publications, including The Washington Post Sunday Edition,
Washington Informer, Afro American, The Washington Times, El Tiempo Latino, and
East of the River, ensuring broad coverage across different demographics within the
District. In addition, the IFB was distributed electronically to all District Government
Certified Business Entity (CBE) members and all District of Columbia Department of
Housing and Community Development (DHCD) Section 3 vendors, further expanding
the reach and promoting inclusivity in the bidding process. Finally, the solicitation was
prominently displayed on the DCHA website and directly issued to four companies
known for their expertise in grounds maintenance and landscaping.
2
Upon receiving seven bids, DCHA's procurement department undertook a rigorous
evaluation process. Each bid was meticulously assessed based on a comprehensive set of
criteria, including:
● Qualifications: Verifying the bidder's experience, expertise, and licensing to
ensure they possess the necessary skills and capacity to deliver high-quality
services.
● Proposed Bid: Analyzing the cost-effectiveness of the bid, considering both
pricing and the scope of services offered.
● Section 3: Evaluating the bidder's commitment to Section 3 requirements, which
mandate providing job training, employment, and contracting opportunities to
low- and very low-income residents of the communities served by DCHA.
● References: Contacting past clients to assess the bidder's track record of
performance and reliability.
● Business Enterprise Designation: Considering the bidder's status as a CBE or
other designated business enterprise, promoting DCHA's commitment to
supporting local and diverse businesses.
This comprehensive evaluation process resulted in the selection of five qualified bidders:
DAPI Construction Co./PJ’s, District Contractors LLC, Green Forever Landscaping and
Design Inc., Hawks Lawn Care, LLC, and Ruppert Landscape LLC. These bidders
demonstrated the necessary qualifications, proposed competitive bids, and showcased a
strong commitment to fulfilling DCHA's requirements, including Section 3 obligations.
To ensure compliance with federal and District regulations, DCHA staff conducted a
thorough review of the System for Award Management on October 18, 2024. This
review confirmed that none of the selected bidders were debarred or suspended from
receiving government contracts, safeguarding DCHA against potential legal or ethical
issues.
Ultimately, Hawks Lawn Care, LLC was awarded a two-year contract for $363,112.20
for grounds maintenance and landscaping services. This award, made through a
competitive RFP process, reflects DCHA's commitment to selecting vendors who offer
the best value for money while meeting stringent quality standards and fulfilling social
responsibility obligations.
(4) Background and qualifications of the proposed contractor:
Hawks Lawn Care, LLC is a small minority business who provides grounds maintenance
and landscaping services including but not limited to: Grounds Maintenance and
Landscaping Services, Tree Removal Services to residential and commercial properties
within the District and Virginia. Hawks Lawn Care LLC has “an eye for perfection”.
Hawks Lawn Care, LLC’s mission is to provide superior service. Hawks Lawn Care,
LLC takes pride in what they do; they work hard to maintain their commitment to
excellence and customer service.
3
Proven Experience with DCHA Contracts:
To date, Hawks Lawn Care, LLC does not have any past experience with
DCHA.
(5) Performance standards and expected outcomes of the proposed contract: DCHA
expects that the landscaping and grounds maintenance project will be carried out
according to the approved plans and specifications, and will comply with all District rules
and regulations related to landscaping and grounds maintenance. The contractor is also
responsible for meeting DCHA and District requirements for hiring small, local businesses
as subcontractors and employing District residents. The contractor is also responsible for
meeting LSBDE subcontracting goals and employment goals as required by DCHA and
the District.
(6) Description of the funding source for the proposed agreement and a
certification that the proposed agreement is consistent with the
District's financial plan and budget:
The United States Department of Housing and Urban Development provided
funds to DCHA for DCHA’s 2025 Fiscal Year federal operating budget. The
attached CFO Certification states that the funds in DCHA’s 2025 Fiscal Year
federal operating budget are available to DCHA for administration in Fiscal
Year 2025.
(7) A certification of legal sufficiency:
The Legal Sufficiency Memorandum is attached.
(8) A certification that the proposed contractor's/proposed owner is in
compliance with District tax laws:
The District tax law compliance certification is attached.
(9) The status of the proposed contractor as a certified local, small or
disadvantaged business enterprise.
Hawks Lawn Care, LLC is a SBE Business concern.
DC Code Sec. 2-218.46(a)(2) requires all non-construction contracts for “government-
assisted projects” valued in excess of $250,000 to include certain subcontracting
requirements. These generally include at least 35% of the dollar value of the contract to be
subcontracted to a CBE.
Hawks Lawn Care, LLC’s contract does not involve any of the enumerated items listed in
the definition of a “government-assisted project,” most significantly because it does not
4
involve District funds or funds administered by the District. The Hawks Lawn Care,
LLC’s contract will be funded with HUD reserves currently in DCHA’s 2025 Fiscal Year
federal operating budget.
The definition of “government-assisted project” also qualifies its applicability as “to the
extent not prohibited by federal law”. DCHA is bound by HUD regulations and policy
guidance regarding contracting using federal funds. Under 2 CFR 200.319(c), a non-
federal entity, such as DCHA, is prohibited from conducting procurements that involve
“statutorily or administratively imposed state, local, or tribal geographical preferences in
the evaluation of bids or proposals, except in those cases where applicable Federal statutes
expressly mandate or encourage geographic preference.”
The CBE subcontracting requirement in DC Code Sec. 2-218.46(a)(2) is an explicit
geographic preference that mandates contract awards (via subcontracting) to District-
based businesses. Requiring a contract to have a certain portion of its value go to a
business located in DC is an explicit geographic preference that is prohibited by 2 CFR
200.319(c).
Lastly, the HUD Procurement Handbook for Public Housing Agencies has an explicit
prohibition on PHA compliance with local procurement rules that impose geographic
preference restrictions. (See, Handbook Sec. 13.2A). This provision cites the former 24
CFR 85.36(c)(2), which has since been replaced by 2 CFR 200.319(c).
(10) A statement indicating whether the proposed contractor is
currently debarred from providing services or good to the District
or federal government:
DCHA’s Office of Administrative Services has conducted a federal and local
search of Hawks Lawn Care, LLC and has found no evidence of federal or
District debarment.
(11) Where the contract, if executed, will be made available via FOIA request:
C
ontact DCHA at FOIA, foia@dchousing.org .
THIS IS TO CERTIFY
that all applicable provisions of the District of Columbia Business
Organizations Code (Title 29) have been complied with and accordingly, this
CERTIFICATE OF
GOOD STANDING
is hereby issued to
C E R T I F I C A T E
Hawks Lawn Care, LLC
IN TESTIMONY WHEREOF I
have hereunto set my hand and caused the seal of this office to
be affixed as of
1/21/2025 10:37 AM
Business and Professional Licensing Administration
Tracking #:
7dfDYWAS
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF LICENSING AND CONSUMER PROTECTION
CORPORATIONS DIVISION
WE FURTHER CERTIFY
that the foreign entity is registered to do business in the District on
01/21/2025 ;

that all fees, and penalties owed to the District for entity filings collected through the
Mayor have been paid and Payment is reflected in the records of the Mayor; The entity's most
recent biennial report required by § 29-102.11 has been delivered for filing to the Mayor; and the
entry's registration has not been terminated.
This office does not have any information about the
entity
¶
s business practices and financial standing and this certificate shall not be construed as the
entity
¶
s endorsement.
Initial File #:
C00008249312
Entity Type:
LLC

INFO@HAWKSLAWN.COMQHAMIKK ‘Ss HAWKS!LAWN aM

CERTIFICATE OF FEDERAL TAXES
DistrictofColumbiaHousingAuthority
3007*StreetSW,10"Floor
Washington,DC20032
|,DevinHawkins[AuthorizedSignatoryoftheContractor]Owner[TitleofSignatory]ofHawk's
LawnCare,LLC[Contractor],herebycertifythatHawk'sLawnCare,LLCiscurrentwithits
federaltaxableobligationsor hasworked outand iscurrentwitha payment scheduleapproved
bytheFederalgovery .
sy: Las LE. Za.
name:__Devin Hawks
Title: Wner
vate:— March £20.57
Stateof Virginia
CountyofPrinceWilliam.
Therebycertifythatonthis\_dayof MIAGCN. 202, [signatory]personally
appearedbeforeme and acknowledgedhe isthe(SignatoryTitle]of[Contractor]Hawk’sLawn
Care,LLCandin[his/her]capacityasthe[SignatoryTitle]OwnerofHawk'sLawnCare,LLC
[Contractor],heexecutedthiscertificateasofthedatesetforthabove.
aro VU MAk
“AMANDARTEAGUE name:PAWS ThosQ ecNotaryPubicCommonwealthofVirginiaRegistrationNo.7507484-yCommissionExpiresNov30,2027

703.596.9330
HAWKSLAWN.COM
INFO@HAWKSLAWN.COM

TheundersignedherebycertifiesthatHawk'sLawnCare,LLCiscurrentlynot,andwillnotbe,in
violationofDistrictofColumbiaCode§1-1163.34a,whichprovidesacoveredcontractorshallnot
contributetoaprohibitedrecipientduringtheprohibitedperiod.
By: Devine
Title: nec]fresidenk
NOTARY:
Therebycertifythatonthis2 3 dayofJanuary2025,Devi, “itvAvrplersonallyappeared
andsignedthisdocumentandacknowledgedthathewasthePresidentofHawk'sLawnCare,LLC.
V4, Plime viMine
State/County/DistrictofColumbia

STEPHENA PHAMEALLom PublicimonwealthofVirginiaRegistrationNo.8028372‘MyCommissionExpiresJun20,2026

CERTIFICATE OF PENDING LITIGATION
DistrictofColumbiaHousingAuthority
3007"StreetSW,10"Floor
Washington,DC20032
1,DevinHawkins(AuthorizedSignatoryoftheContractor]Owner[TitleofSignatory]ofHawk's
LawnCare,LLC{Contractor]/erebycertifythat[Contractor]hasnopendingclaimsagainstthe
jstricofColumbiaHousingAuthority.
Name:__T2vin Hawks
title:Owner
vate: (Uarch 4, 225
Stateof Virginia
CountyofPrinceWilliam
therebycertifythatonthisA_day orMAC 201S [signatory]personally
appearedbeforeme andacknowledgedheisthe[SignatoryTitle]of[Contractor]Hawk'sLawn
Care,LLCandin(his/her]capacityasthe[SignatoryTitle]OwnerofHawk'sLawnCare,LLC
[Contractor],heexecutedthiscertificateasofthedatesetforthabove.
on q i MA jn

NotarySeal "AMANDARTEAGUENotaryPublicCommonwealthofVireiisRegistrationNo.75074iyCommissionExpiresNov30,2027

3 330
HAWKSLAWN.COM
HHAWKSLAWN.COMINF

TEAM AFFIDAVIT CERTIFICATE
|,[AuthorizedSignatoryoftheContractor][TitleofSignatory]of[Contractor],DevinHawkins,
Owner,herebyattestthatallmembersoftheteamwhoarelistedbelowarenotlistedinthe
ListofPartiesExcludedfromFederalProcurementorNon-ProcurementPrograms:
ProjectName: DCHA GroundsMaintenance andLandscapingServices
ProjectNumber: DCHA1F0032-20248 __
CONSTRUCTIONTEAM:
Contractor:Hawk’sLawnCare,LLC
Subcontractor:ValleyGreenLandscaping,Inc-forfertilization(ifrequired)
‘Subcontractor:
‘Subcontractor:

Title:_Oloner>
Date: March 4 2025
StateofVirginia
CountyofPrinceWilliam ___
'herebycertifythatonthisCh dayofNRCH _, 202S signatory]DevinHawkins
personallyappearedbeforemeandacknowledgeheisthe(SignatoryTitle]Ownerof
[contractor]Hawk'sLawnCare,LLC,andhiscapacityasthe[SignatoryTitleof[Contractor],
[he/she]executedthiscertificateasofthedatesetforthabove.
NotarySeal keQe —
tome:AiiondaTEAC

[AMANDARTEAGUENotaryPubliccommonweathofVirginiarationNo,7507484myCommissionExpiresNov30,2027.
ee He KE GovernmentoftheDistrictofColumbia
mmm OfficeoftheChitFinancialOfficer 11014%Steet,SW
femme OfficeofTaxundRevenue Washington,DC20024
DateofNotice:January30,2025 NoticeNumber:0013210746

#99913918452513,HAWK'SLAWN CARE,LLC
POBOX 162GARRISONVILLEVA 22463-0162

CERTIFICATE OF CLEAN HANDS
‘AsreportedintheCleanHandssystem,theabovereferencedindividual/entityhasnooutstanding
liabilitywiththeDistrictofColumbiaOfficeofTaxandRevenueortheDepartmentofEmployment
Services.Asofthediteabove,theindividual/entityhascompliedwithDCCode§47-2862,therefore
thisCertificateofCleanHandsisissued.
TITLE 47.TAXA TION, LICENSING, PERMITS. ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER I. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT

‘AuthorizedBy Melinda Jenkins
BranchChief,Collectionand EnforcementAdministration
Tovalidatethiscertificate.pleasevisitMyTax.DC.gov.OntheMyTaxDC homepage,clickthe
“ValidateaCertificateofCleanHands”hyperlinkundertheCleanHandssection,
1101athStreetSW,SuiteW270,Washington,DC20024Phowe:(202)724-5048/MfyTaxDCga
www.dchousing.org

MEMORANDUM

TO: Keith Pettigrew
Executive Director

FROM: Andrea Powell
Deputy General Counsel

DATE: March 5, 2025
District of Columbia Housing Authority
300 7th Street, SW, 10th Floor, Washington, DC 20024
202-535-1000

Keith Pettigrew, Executive Director

SUBJECT: Proposed Contract for Grounds Maintenance and Landscaping Services between
District of Columbia Housing Authority (“DCHA”) and Hawks Lawn Care, LLC
(“Contractor”) to be submitted to the Council for the District of Columbia for approval
pursuant to D.C. Official Code §2-352.02(a)(1), as amended.

1. Procurement Process

I have enclosed for consideration by the Council of the District of Columbia, the Council Contract
Summary for a proposed contract, in an amount up to $363,112.20 between DCHA and Hawk’s Lawn
Care, LLC. This proposed contract is for grounds maintenance and landscaping services at various sites.
DCHA issued an Invitation for Bid (IFB No. 0032-2024) on May 1, 2024 with a closing date of June 3,
2024. DCHA received seven (7) proposals from vendors in response to the IFB . To ensure a fair and
impartial evaluation, a dedicated review panel was convened. Based on this comprehensive
evaluation, five vendors were identified as having successfully met the technical requirements and
demonstrating the capability to deliver the required grounds maintenance and landscaping services.
These vendors were Green Forever Landscaping and Design Inc., Ruppert Landscape LLC, Hawk’s
Lawn Care LLC, DAPI/PJ’s, and District Contractors LLC.

2. Description of Proposed Contract

This proposed contract between DCHA and Hawks Lawn Care LLC is for grounds maintenance and
landscaping services at various DCHA public housing sites. A contract will be entered into with
Hawks Lawn Care, LLC.
The length of the Contract will be a two year contract. The scope of work in the Contract contains
sufficient details and plans. DCHA will fund the Contract with DCHA’s HUD operating funds for
Fiscal Year 2025 in compliance with the applicable Federal and District of Columbia regulations and
DCHA’s policies and procedures.

www.dchousing.org
3. Legal Review

The DCHA Office of the General Counsel (OGC) has reviewed the proposed Contract with Hawks
Lawn Care, LLC for legal sufficiency. OGC’s review of the Contract indicated that it is legally
sufficient. In addition, we are not aware of any pending legal claims of Hawks Lawn Care, LLC against
the District of Columbia or DCHA.

APPROVED AS TO LEGAL SUFFICIENCY:

Andrea Powell
Deputy General Counsel
District of Columbia Housing Authority

CER TIFICATIONS
I her
eby certify that the proposed contract between the District of Columbia Housing Authority
(“DCHA”) and Hawk’s Lawn Care, LLC to provide grounds maintenance and landscaping services to
various DCHA properties in the amount of Three Hundred Sixty-Three Thousand One Hundred Twelve
and 00/100 Dollars ($363,112.00) from funds received by DCHA from the Department of Housing and
Urban Development (“HUD”) for DCHA’s 2025 Fiscal Year federal operating budget is in compliance with
the applicable Federal law and regulations.
____________________________ Dated: March 5, 2025
Keith P
ettigrew
Executive Director, DCHA
I ha
ve reviewed this proposed action. DCHA will make available to Hawk’s Lawn Care, LLC Three
Hundred Sixty-Three Thousand One Hundred Twelve and 00/100 Dollars ($363,112.00) for grounds
maintenance and landscaping services to various DCHA properties. This action is within the 2025 Fiscal
Year DCHA federal operating budget and such funds are available for administration by DCHA in Fiscal
Year 2025.
______________________________ Dated: March 5, 2025
Heath
er Mueller
Chief Financial Officer, DCHA

RESOLUTION 24-48

TO AUTHORIZE THE EXECUTION OF CONTRACTS FOR GROUNDS
MAINTENANCE AND LANDSCAPING SERVICES

WHEREAS, District of Columbia Housing Authority (DCHA ) requires grounds
maintenance and landscaping services;

WHEREAS, on May 1, 2024, Solicitation No. 00 32-2024 Grounds Maintenance
and Landscaping Services was issued to the District of Columbia Department of Small
and Local Business Development (DSLBD), bidders registered as interested in doing
business with DCHA, posted to the DCHA Website and issued directly to four companies;

WHEREAS, by June 3, 2024, DCHA received six bids for review;

WHEREAS, the solicitation stated that DCHA intends to make awards for services
as specified in the scope. DCHA will make an award to the company(ies) determined to
be the most responsible and qualified in accordance with the solicitation requirements for
Grounds Maintenance and Landscaping Services and in the best interest of DCHA;
WHEREAS, DCHA determined that five respondents - DAPI Construction Co /PJ’s,
District Contractors, LLC, Green Forever Landscaping and Design, Inc. , Hawks Lawn
Care, LLC and Ruppert Landscape - met the requirements of the solicitation as qualified
respondents capable of providing Grounds Maintenance and Landscaping Services for
DCHA at various properties at DCHA;
WHEREAS, in order to meet the Section 3 requirements , DAPI Construction
Co./PJ’s., LLC, District Contractors, LLC, Green Forever Landscaping and Design,
Inc., Green Forever Landscaping and Design, Inc ., Hawks Lawn Care and Ruppert
Landscape, have committed to the following: DAPI Construction Co./PJ’s proposes to
hire 3 new employees and/or conduct workforce skills training for residents, District
Contractors, LLC proposes to hire three (3) new Section 3 hires , Green Forever
Landscaping and Design, Inc. proposes three (3) new Section 3 hires, Hawks Lawn
Care, LLC proposes to sponsor Commitment to Excellence Scholarships in the amount
of $1,000 each year and will donate to the professional clothing drive for the Southwest
Enhancement Center, and Ruppert Landscape proposes four (4) new Section 3 hires.

RESOLUTION 24-48

TO AUTHORIZE THE EXECUTION
OF CONTRACTS FOR GROUNDS MAINTENANCE
AND LANDSCAPING SERVICES

WHEREAS, DCHA performed a review of the Federal Systems Award
Management and the District’s Excluded Parties List on October 18 , 2024 and has
determined that DAPI Construction, Co./PJ’s, District Contractors, LLC , Green Forever
Landscaping and Design, Inc. , Hawks Lawn Care, LLC and Ruppert Landscape do not
appear on the respective lists.

NOW, THEREFORE, BE IT RESOLVED , that the Board of Commissioners of
DCHA hereby authorizes the Executive Director to execute contracts with the following
entities: DAPI/PJ’s – $37,012.76; District Contractors, LLC – $554,400.00; Green Forever
Landscaping and Design, Inc. - $449,833.93; Hawks Lawn Care, LLC - $363,112.20; and
Rupert Landscape - $301,738.80 for the District of Columbia Housing Authority (DCHA)
for a period of two years each, in the aggregate amount of $1,706,097.69, subject to the
availability of funds.
ADOPTED, by the Board of Commissioners and signed in open session in
authentication of passage the 13th day of November 2024.

ATTEST: APPROVED:

Keith L. Pettigrew Raymond Skinner
Executive Director/Secretary Chairperson

APPROVED FOR FORM AND LEGAL SUFFICIENCY:

Amy M. Glassman
Senior Vice President & General Counsel
GOVERNMENT OF THE DISTRICT OF COLUMBIA
PROFILE SUMMARY

(CONTRACTs TO PURCHASE, SELL, ACQUIRE, TRANSFER, LEASE OF REAL
PROPERTY/ EXCLUSIVE RIGHT AGREEMENTs/LOANs & GRANTs OVER
$1M/INTRA-DISTRICTs)

Contract
Agency:
District of Columbia Housing
Authority
Agency Code

Using Agency:
District of Columbia Housing
Authority

Agency Code

Loan/Grant/Lease Sub-recipient Name: Hawk’s Lawn Care, LLC
Should the D.C. Council have any questions regarding this loan/grant/lease, please contact:

Daniel Denning (202) 738-3830
Program Manager Telephone #

TYPE OF DOCUMENT SUBMITTED

1. ❒ Loan/Grant/Lease Modification 4. ❒ Unwritten or Informal Contract
2. ❒ Exercise of Grant Option Year (E.O.) 5. ❒ Lease of Real Property
3. ❒ Loan/Grant/Lease Modification: 6. ❒ Other:

Contract for grounds maintenance and
landscaping services: DCHA federal
operating budget funded with federal funds

LOAN/GRANT TYPE
1. ❒ Subsidy 4. ❒ Cost Reimbursement
2. ❒ Loan Price 5. ❒ Time and Material
3. ❒ Task Order 6. ❒ Advance Payment

{0030246 -}
GRANT/LOAN/LEASE INFORMATION

Grant/Loan/Lease No. : DCHA Subsidy: $363,112.20
Subsidy Amt. Required This FY: $363,112.20 Amt. Required Next FY: N/A

Caption: Hawk’s Lawn Care, LLC Term: _2 years

Does this Housing Subsidy Amount exceed $1 million: Yes No

If yes, please attach a copy of the DC Council approval and provide the following information:
Date received: Date approved:

LEASE INFORMATION - N/A
Lease No.: Total Cost
Location: Annual Cost
Sq. Ft. Leased: Cost Per Sq. Ft.
Total Bldg. Sq. Ft.: % Sq. Ft. Leased By D.C.
BRIEF DESCRIPTION OF GRANT/LOAN/LEASE
SOURCE OF FUNDING
1. Appropriated 4. Intra-District
2. Capital 5. Inter-Jurisdictional
3. Grant ( ) 6. Other: (Indicate:) DCHA’s federal
operating budget funded with federal funds
If procurement action is funded by grant or other non-capital or non-appropriated funds, will the
District need to expend some portion of its funds prior to receiving funds from the grantor or
other funding source?
Yes No X Not applicable
If Yes, indicate the amount the District will need to expend and the percentage this amount
represents of the total funds required to support the effort. District Funds $
% .
X
DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 1 of 31
CONTRACT FOR SERVICES
DCHA 0032-2024D
GROUNDS MAINTENANCE AND LANDSCAPING SERVICES
This Contract for Grounds Maintenance and Landscaping Services for DCHA properties (the
“Contract”) dated and effective as of this ____ day of March, 2025 (“Effective Date”), by and
between the District of Columbia Housing Authority, an independent authority of the District
of Columbia, with an address at 300 7th Street, SW, 10th Floor, Washington, DC 20024
(hereinafter called “DCHA”) and Hawks Lawn Care, LLC, a company, with an address at 15742
Marbury Heights Way, Dumfries, VA 22025, (hereinafter called the “Contractor”). DCHA and
Contractor, each a (“Party”), collectively hereinafter referred to as the (“Parties”).
WHEREAS, on June 5, 2024 Contractor responded to a Request for Proposal, issued by DCHA on
May 1, 2024, Solicitation No. DCHA 0032-2024 to provide Grounds Maintenance and Landscaping
Services for DCHA as described therein.
NOW THEREFORE, in consideration of the promises and representations contained in this
Contract, which the Parties acknowledge to be good and valuable consideration, the Parties agree
as follows:
1. SC
OPE OF SERVICES
C
ontractor(s) shall furnish all equipment, materials, transportation, supplies insurance, labor,
and supervision required to provide DCHA Grounds Maintenance and Landscaping Services
for the properties included within this solicitation. All labor and materials (except as noted)
shall be provided by the contractor.
Contractors shall provide Grounds Maintenance and Landscaping Services. Services shall be
completed on-site at the DCHA property locations listed in Exhibit 1: DCHA BID FORM FOR
LANDSCAPE AND GROUNDS MAINTENANCE SERVICES.
DCHA will schedule Grounds Maintenance and Landscaping Services on an as needed basis.
Contractor shall provide the following Grounds Maintenance and Landscaping Services on an
as needed basis as noted below.
The vendor shall furnish all labor, tools, specialized equipment, material, supplies,
supervision, and transportation to perform grounds maintenance and landscaping services as
outlined in this section.
DCHA anticipates a minimum of 27 mowing's. Three (3) in the months of March, April, May,
June, July, August, September, and October, and November with the final cut on or before
DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 2 of 31
November 15th. If any locations are in need additional service outside of the schedule prior
approval by the COTR will be required before work can be initiated.
Contractor must provide in writing the dates mowed and site on which the services were
provided; this should be submitted in the form of a detailed invoice which breaks out the cost
of the services provided.
Contractor shall remove all litter and debris before and after each mowing. Although bagging
is not required, care should be used to avoid blowing clippings into any porches, walkways,
flower beds, sidewalks, driveways, and parking lots.
Contractor after mowing shall remove all grass clippings from all play area equipment,
porches, plant beds, walkways, sidewalks, driveways, and parking lots.
Contractor after mowing, shall edge with lawn trimmers all areas around trees, shrubs,
buildings, posts, fences, flower beds, sidewalks, and curbs.
Contractor will be responsible for replacing trees, shrubs, or bushes damaged by improper
mowing or edging.
Contractor will promptly repair, at their cost, any damages to turf or vegetation.
Contractor shall provide Spring and Fall cleanup of all developments.
a. Spring cleanup to include:
1) Removal of any leaves left over from Fall.
2) Cut back any winter growth on plants, shrubs, and bushes.
3) Rake and loosen compacted soil and mulch and allow new shoots & bulbs to push
through.
4) Supply and Spread 3” (minimum) of fresh dark mulch.
5) Clean up beds, walkways, sidewalks and foundations of weeds, overgrown vegetation,
leaves, branches, and clutter.
6) Re-seed damaged areas of the yard, Re-Edging of areas as needed.
7) Apply crabgrass, dandelion, and other major weed inhibitors through the lawn.
b. Fall cleanup to include:
1) Clear out fallen leaves, litter & debris from lawns, beds, curbs, and sidewalks.
2) Trim shrubs and bushes
3) Trim any dead branches off trees that are within reach and require no specialized
equipment.
4) Cut back Perennials.
5) Add fall lawn fertilizer with high phosphorus content to encourage root growth.
c. Contractor shall provide mowing and maintaining all DCHA- owned and identified vacant
lots identified in Exhibit 1: DCHA BID FORM FOR LANDSCAPE AND GROUNDS
MAINTENANCE SERVICES. Vacant lots are to be mowed biweekly for an estimated 15
mows per season; the lot addresses and locations will be provided. The Contractor will
DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 3 of 31
advise the COTR or Property Manager at the property of needing re-seeding or re-sodding
of any areas.
d. Contractor shall trim all grass areas inaccessible to mowing equipment before mowing as
needed to maintain a neat, well-groomed appearance.
e. Contractor shall supply all herbicides, fertilizers, chemicals, and the like for servicing the
facilities that meet DCHA approval.
f. Contractor shall supply all necessary Material Safety Data Sheets(MSDS) and meet
requirements to comply with the District of Columbia's OSHA Regulations.
g. Contractor shall not dump any debris into DCHA containers.
h. Contractor shall keep property entrances, drive, parking areas, sidewalks, curbs, and other
hard surfaces free of leaves, litter, and debris.
i. Contractor use of Power blowers are acceptable; however, accumulations of debris must
be removed from the site and not blown onto adjacent property, street surfaces, sewer
drains, fence lines, or planting areas.
j. Contractor may use Roundup or cut with a weed whip undesired vegetation in sidewalks,
curbs, cracks, and other hard surfaces to maintain such that no weeds are visible or
growing.
k. Contractor shall mow grass in all common areas, maintaining a uniform height not to
exceed 2 to 3 inches.
l. Contractor shall use trimmers in locations where mowers cannot reach vegetation.
m. Contractor shall apply an effective, safe, and environmentally friendly herbicide to immediately
kill all grass and weeds growing up through cracks and openings in sidewalks, curbs, roads,
parking areas, walls, etc.
n. Contractor shall provide Landscape Maintenance during the regular hours of 8.30 AM
through 5:00 PM unless otherwise specified/approved by DCHA due to uncontrollable
weather situations.
o. The Contractor shall provide service to the properties listed below:
ACRES PROPERTY NAME ADDRESS LAND AREA SQFT
5 Kelly Miller/ LeDroit Apartments 2124 4th Street NW Washington DC 20001 216,750
10 Kenilworth 4500 Quarles Street NE Washington DC 20019 437,070
8.91 Richardson Dwellings 325 53rd Street NE Washington DC 20019 388,388
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1.1 CONTRACTOR’S RESPONSIBILITY
Contractor(s) shall furnish all equipment, materials, transportation, supplies
insurance, labor, and supervision required to provide DCHA Landscaping Services for
the properties included within this solicitation. No cost may be billed as an extra cost.
All labor and materials (except as noted) shall be provided by the contractor.
Contractor shall provide sufficient staff permanently assigned to the contract to meet
the agreed upon work scheduled. All assigned staff shall have three years minimum
job experience. Contractor shall designate an assigned foreman to the project as his
representative with whom the Supervisor of Building and Grounds or his/her designee
can communicate on a regular basis pertaining to the contract services. The assigned
foreman shall check with the DCHA representative upon each visit when performing
services. Primary responsibilities include but are not limited to the following:
a. Contrac tor shall supervise and direct the work and his employees and be solely
responsible for all techniques, procedures, coordination of services, and actions
by his employees. Contractor service personnel shall maintain a neat appearance
in company identifiable uniforms.
b. C
ontractor shall be responsible for all damage done by his equipment and
personnel and shall be liable for any and all damage to property of municipal
utilities, residents or DCHA, which may result from the performance of lawn care
services to include Contractor Ruts, holes, and other disfigurements of mowed
areas caused by mowing.
(1) equipment shall be the Contractor's responsibility to repair to their original
condition.
(2) Any damage shall be reported immediately to the DCHA COTR so, if necessary,
a work order may be issued and the cost is billed back to the contractor for
payment.
(3) Any unpaid costs for damages will be deducted from the contract invoice
payment in the month following the damage incident.
(4) Damage by contractor and service personnel to any lawn care area shall be
repaired and fully restored without cost to municipal utility, resident or HHA.
c. Contractor shall thoroughly clean all physical areas on which work is done or which
are affected by the work. This shall be done on a daily basis after the work is
complete. The contractor shall remove and transport from the site all trash, debris,
scrap, waste and other material resulting from contract service.
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1.2 COMPLAINTS AND RESPONSES
Contractor shall correct all complaints and supply requests for services within a 24 -
hour time period, or sooner as deemed necessary by DCHA representative. All
complaints, both major and minor, shall be investigated by the Contractor during the
same working day, when feasible. Any complaint which cannot be corrected during
the same working day or which cannot be dealt with because of reasons beyond the
Contractor’s control shall be specifically reported to the Town representative.
DCHA reserves the right to deduct fees from the monthly payment for deficient work,
work not performed, and work which is not satisfactorily corrected within a
reasonable period. Should DCHA choose to deduct part of the monthly fee, the
Contractor will be notified of the reason for, and the amount of the deduction in
writing. Written notice of any deduction will be emailed to the Contractor within three
days of the incident.
Deductions for poor service or services which have been omitted will be determined
by the DCHA representative and will be based on the im pact the omission or poor-
quality service has on the area and the frequency of such.
Upon written notice, uncorrected complaints, if considered reasonable by DCHA shall
be cause for any and all of the following actions by DCHA:
a. To obtain the services from within its own staff or from another source without
prior notice to the Contractor. Costs for these services will be charged to the
Contractor and deducted from its next pay request.
b. To cancel the contract as outlined in this contract.
1.3 MANDATORY PERFORMANCE REQUIREMENT BY PRIME CONTRACTOR:
Contractor shall perform on the site and with his/her own organization, work
equivalent to at least fifty -one percent (51%) of the total amount of work to be
performed under the contract. If during the progress of the work hereunder, the
Contractor requests a reduction in such percentage, and the Contracting Officer
determine that it would be to the advantage of the DCHA, the percentage of the work
required to be performed by the Contractor may be reduced with the written approval
of the Contracting Officer.
1.4 LIABILITY
Contractor shall assume liability of damage or loss resulting from the wrongful act(s)
and/or negligence of its employees while they are on DCHA- owned premises.
Contractor or his insurer shall reimburse DCHA for any such damage or loss within
thirty (30) days after a claim is submitted.
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1.5 CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES FOR HEALTH AND SAFETY
Resident safety must be the Contractor's prime concern. Contractor must operate
equipment in a safe manner, avoid mowing around residents where rocks may be
thrown from equipment, and stringently adhering to recognized, OSHA, and other
safety standards.
Contractor is specifically prevented from using side or rear discharge mowers without
the factory recommended safety guards. Mowers with mulching blades and decks are
preferred.
Contractors and employees shall comply with federal, state and local safety and health
regulations and laws, including standard s and rules of the Department of Labor and
District of Columbia Department of Regulatory Affairs (DCRA) that administer the
Occupational Safety and Health Act of 1970 (OSHA). Each Contractor and employee
are subject to regulations under OSHA’s General Industry Safety Standards, 29 CFR
Parts 1910 and 1926 including; all amended or subparts of these standards which are
applicable in preforming work for DCHA.
Contractor and its employees shall maintain safe working environments at all times,
which includes provisions for safety of workers, pedestrians and motorist within any
work zones.
Based on scope of work and specific work environments, additional workplace health
and safety standards or other regulatory requirements may apply or be necessary. It
is the Contractor’s sole responsibility to assess working conditions for its employees
and to determine when an unsafe working condition may exist.
Contractors shall ensure that each employee has received initial workplace safety
orientation and training, and that the employee is competent in operation of
equipment and tools being used, and has been provided required PPE, personal
protective equipment (including approved safety vests) before starting work. Each
employee has the responsibility to “comply with workplace safety standards and rules,
regulations and other orders” issued under the OSHA Act that is related to his or her
work.
Contractor shall have full and sole responsibility to correct any such condition found
unsafe by any authorized entity (including the DCHA), and, if such unsafe conditions
result to any group named within this section, shall have full and sole responsibility to
compensate such persons if so ordered by an authorized agency or a court having
jurisdiction.
Contractor shall only use equipment in compliance with all current applicable safety
rules and regulations.
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Contractor shall be responsible for maintaining all equipment in a safe working
condition at all times.
Contractor shall be responsible for warning people in the immediate area where work
is commencing of the danger of remaining in the work area.
a. EQUIPMENT AND SUPPLIES
Contractor shall provide all equipment and supplies (adequate in kind, quantity
and quality) for professionally performing these services in a manner that is
satisfactory to DCHA.
b. CHEMICALS
All products (chemicals) shall be kept in a properly labeled co ntainer and a
Material Safety Data Sheet (MSDS) kept on each item, in a clearly marked MSDS
notebook by the contractor. No chemicals will be used by the contractor with a
signal word on the label greater than “Caution”.
1.6 CO NTRACTOR’S PERSONNEL
As a conditio n of contract award, Contractor must supply DCHA with a list of
employees and/or supervisors to be used in performing services in the areas
maintained, as well as phone numbers for contact persons including all supervisors
and owners.
Contractor staff shall be in uniform at all times during performance of this contract.
a. Shirts shall be uniform in appearance. T-shirts shall be acceptable.
b. Shirts shall have business identification such as logo or business name.
c. Pants shall be uniform in appearance in both color and style.
d. Tattered cut-offs for shirts or pants shall be unacceptable.
e. Hats shall be at the discretion of the contractor.
f. All PPE and safety vests shall be provided by the contractor for each worker.
Contractor shall provide visible business identification on contractor’s vehicles.
Assignment of Personnel: DCHA shall retain the right to demand and receive a change
in personnel assigned to the work if DCHA believes that such change is in the best
interest of DCHA and the completion of the contracted work.
Unauthorized Sub-Co ntracting Prohibited: Contractor shall not assign any right, nor
delegate any duty for the work proposed pursuant to this IFB (including, but not
limited to, selling or transferring the contract) without the prior written con sent of
DCHA. Any purported assignment of interest or delegation of duty, without the prior
written consent of DCHA shall be void and may result in the cancellation of the
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contract with DCHA, or may result in the full or partial forfeiture of funds paid to the
Contractor as a result of the proposed contract; either as determined by DCHA.
1.7 A DDITIONAL POTENTIAL LABOR THAT MAY BE REQUIRED
At some point during the contract period DCHA may require the contractor to provide
the following services (or other additional services DCHA deem necessary). DCHA will
provide the days and times of such services, if retained. Contractor will provide the
services at the Additional Labor Rates detailed within the contractor’s proposal.
a. Pruning and Tree Trimming: Pruning of shrubs/trees (horizontal growth that
exceeds 6’ in height) on property and disposal of ensuing materials.
b. Irrigation Maintenance: Service for maintenance or damaged irrigation
systems not damaged by the contractor.
c. Ice and Snow Removal: Parking lots, sidewalks and entranceways must be
cleared of all snow and ice per event. Deicer chemicals that are
environmentally friendly will be provided and applied by the contractor in all
foot traffic areas.
Additional Work Assignment: DCHA will only order addition al services by issuance of
Work Order and a Purchase Order (PO) Agreement.
1.8 P ERFORMANCE OF EXTRA SERVICES
Contractor shall, upon written request from DCHA, perform extra services. Contractor
shall be entitled to charge for such services at an hourly rate, per employee. Requests
for payment for additional services shall be submitted no later than the next regular
monthly invoice and should be specifically identified as services rendered over and
above contract provisions. Snow and/or ice removal is considered an extra service.
1.9 W ORK SCHEDULING, INSPECTION AND PAYMENT
Work Scheduling: Unless specifically authorized by DCHA in writing, work shall be
limited to a maximum of ten work-hours per day beginning no earlier than 8:00 A.M.
The workdays shall be limited to Monday through Saturday.
Work will be coordinated verbally with the contractor and followed -up, if necessary,
with email as written assignment. Contractor shall contact the DCHA Contracting
Officer Technical Representative (COTR) as the Designated DCHA Representative
responsible for services. The DCHA COTR will coordinate work scheduling with the
Property Managers and Contractor at least twice each week.
Contractor shall provide a schedule of services to be provided monthly. The DCHA
Contracting Officer, or his designee and the Contractor shall negotiate service
functions and frequency prior to bid award. The Schedule shall address the frequency
of the following duties:
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Mowing Three (3) in the months of March, April, May, June, July, August,
September, and October, and November with the final cut on or
before November 15th.
Removing Debris Each Cycle
Cleaning Walks &
Curbs
Each Cycle
Lawn and Bed
Inspection
Each Cycle
Edging Each Cycle
Pruning Each Cycle
Trimming Each Cycle
Hard Surface Weed
Control
Each Cycle
Spring/Fall Clean-Up
(Leaf Removal)
September – January
Fertilization and
Emergent
January spring pest plants May summer pest plants September
fall and winter pest plants
Inspections: The DCHA COTR or designee shall inspect all work as part of Quality
Control. Contractor shall present Service Ticket for sign-ff at the completion of work.
Contractor shall submit signed Service Tickets with Monthly Billing. Contractor may
not bill for services without a signed Service Ticket.
1.10 D CHA RESERVATION OF RIGHTS
DCHA reserves the right not to award a contract pursuant to this IFB, to award by
individual service, group of services, or as a total, whichever is deemed most
advantageous to DCHA.
DCHA reserves the right to determine the days, hours and locations that the successful
Bidder(s) shall provide the services called for in this IFB.
DCHA reserves the right to negotiate the fees proposed by the Bidder entity.
DCHA reserves the right to reject and not consider any bid that does not meet the
requirements of this IFB, including but not necessarily limited to incomplete proposals
and/or proposals offering alternate or non-requested services.
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ARTICLE 2 – TASK ORDERS-[RESERVED]
ARTICLE 3 – INSPECTION AND ACCEPTANCE
3.1 DCHA has the right to review, require correction, if necessary, and accept the work
product produced by the Contractor. Such review(s) shall be carried out within thirty (30)
days, unless extended to a date certain by DCHA, so as to not impede the work of the
Contractor. Any product of work shall be deemed accepted as submitted if DCHA does
not issue written comments and/or required corrections within thirty (30) days or any
extended period from the date of receipt of such product from the Contractor.
3.2 The Contractor shall make any required corrections promptly at no additional charge and
return a revised copy of the product to DCHA within seven (7) days of notification or a
later date, if extended by DCHA.
3.3 Failure by the Contractor to proceed with reasonable promptness to make necessary
corrections shall be a default (“Default”). If Contractor’s submission of corrected work
remains unacceptable, DCHA may terminate this Contract, redu ce the contract price,
and/or reject the hours submitted in connection with such work, to reflect the reduced
value of services received.
ARTICLE 4 –T ERM and COMPENSATION
4.1 The period of performance of this Contract shall commence upon the effective date of
execution and remain in effect for a term of two (2) years unless earlier terminated as set
for the in Article 11 “Termination for Convenience and Default”, of this Contract.
4.2 T he Contractor agrees to provide its services in consideration of the fees set forth in
Attachment D.
4.3 The following provisions of this Co ntract, Article 10 Proprietary and Confidential
Information, Article 14 Indemnification and Insurance and Article 15 Limitation of
Liability, shall survive the term of this Contract.
4.4 Contractor shall perform the services in this Contract as a “ Fixed Price” contract, at the
rates in the accepted Price Proposal for services specified in Article 1. The Contract
amount shall be for Three Hundred Sixty-Three Thousand One Hundred- Twelve Dollars
and Twenty Cents ($ 363,112.20) as deemed appropriate in the representation of DCHA
and based upon the availability of funds.
4.5 Ceiling Price -
The DCHA shall not be obligated to pay the Contractor any amount in excess of the ceiling
DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 11 of 31
price (also referred to as the total price) in the award, and the Contractor shall not be
obligated to continue performance if to do so would exceed the ceiling price set forth in
the award, unless and until the Contracting Officer shall have notified the Contractor in
writing that the ceiling price has been increased and shall have specified in the notice a
revised ceiling that shall constitute the ceiling price for performance under this contract.
When and to the extent that the ceiling price set forth in the award has been increased,
any hours expended and material costs incurred by the Contractor in excess of the ceiling
price before the increase shall be allowable to the same extent as if the hours expended
and material costs had been incurred after the increase in the ceiling price.
ARTICLE 5 - OPTION TO RENEW OR EXTEND TERM OF CONTRACT [RESERVED]
ARTICLE 6 – INVOICES AND PAYMENT
6.1 Upon the receipt of a proper invoice, as described in 6.2, DCHA shall compensate
Contractor for any services ordered under this Contract at the prices set forth in
Attachment D and Contractor’s proposal.
6.2 A proper invoice shall include the following:
(1) Contractor’s name and invoice date;
(2) Contract number;
(3) Purchase Order Number;
(4) Identification of services consistent with the Contract requirements and supporting
documentation;
(5) Quantity of the services actually rendered or delivered;
(6) Name (if applicable), and title
(7) Telephone number, fax number and e-mail address
(8) Complete mailing address of the responsible person to whom payment is to be sent;
(9) Federal Tax I.D. number;
(10) Dunn’s or Social Security Number
(11) Time and services rendered in hourly (or less than daily) increments with sufficient
detail to determine appropriate expenditure of hourly efforts; and
(12) Any other substantiating documentation or information as DCHA may requir e to
determine proper performance and payment under the Contract.
6.2.1 An invoice not meeting the requirements set forth above at 6.2 shall not be
considered proper and may cause a delay in payment to Contractor.
6.3 Invoices must be submitted monthly unless another interval is approved by the DCHA
Executive Director or Contracting Officer (as defined below in Section 9.1) in writing.
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6.4 Contractor’s failure to timely submit a proper invoice as set forth in this Article may result
in a delay in payment by DCHA. DCHA shall not pay interest on any late payments to
Contractor resulting from Contractor’s failure to submit a proper invoice or othe rwise
comply with the terms of this Article.
6.5 Contractor agrees that DCHA is neither responsible nor liable to Contractor under law or
equity, for any and all expenses that Contractor may incur from any delays in payment
resulting from Contractor’s failure to comply with the terms of this Article.
6.6 All invoices/payment requests must be addressed as follows and forwarded to:
300 7th Street SW
10th Floor- District of Columbia Housing Authority
Attn: Office of Financial Management
Washington, D.C. 20024
Email: DCHApayments@dchousing.org
ARTICLE 7 – EXPENSES- [RESERVED]
ARTICLE 8 –MODIFICATIONS
8.1 DCHA may at any time, by written order, make changes in, or additions to Article 1, the
Scope of Services; issue additional instructions, require modified or additional work or
services within the general scope of the Contract, change the place of delivery or method
of shipment, the amount or type of DCHA furnished property, or any terms and conditions
of this Contr act other than the compensation identified in Attachment D hereto
Contractor shall comply immediately with such direction.
8.2 If any such change causes an increase or decrease in the cost of, or in the time required
for performance of this Contract, the Contractor shall submit a request for an equitable
adjustment in the price, or time of performance, or both, to the Contracting Officer and
upon approval, the Contract shall be modified in writing accordingly.
8.3 Contractor must assert its right to an equitable adjustment under this Article within thirty
(30) days from the date of receipt of the written order. However, DCHA, in its sole
discretion, may receive and act upon any such claim submitted at any time prio r to final
payment under this Contract.
8.4 Failure to agree to any adjustment shall be a dispute under Article 13, Disputes, herein.
However, nothing in this Article shall excuse the Contractor from proceeding with the
order as changed.
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8.5 No services for which an additional cost or fee will be charged by the Contractor shall be
furnished without the prior written consent of the DCHA.
ARTICLE 9 – CONTRACT ADMINISTRATION
9.1 DCHA Contracting Officer - The Contracting Officer and the Executive Director are the
only DCHA officials authorized to contractually bind DCHA. The Contracting Officer is
Cheryl Moore, Office of Administrative Services, Contracts and Procurement, 300 7th
Street SW, 10 th Floor District of Columbia Housing Authority, Washington, DC 20024;
Telephone No. (202) 503-0769, chmoore@dchousing.org.
9.2 Technical Representative – The Contracting Officer's Technical Representative shall be
responsible for the general administration of the Contract, advising th e Contracting
Officer as to Contractor compliance or noncompliance with the Contract, initiating
Orders, reviewing all invoices and generally providing the day-to-day monitoring of the
Contract on DCHA’s behalf.
9.3 Unless otherwise notified in writing by the Contracting Officer, the Technical
Representative for DCHA shall be Shavon Davis, Transportation Operations Officer,
Property Management Operations, 300 7 th Street, SW, 10 th Floor District of Columbia
Housing Authority, Washington, D.C. 20024; Telephone 202- 528-6006;
sdavis@dchousing.org.
ARTICLE 10 – PROPRIETARY AND CONFIDENTIAL INFORMATION
10.1 Proprietary and Confidential Information is any information disclosed by Contractor in a
written or tangible form, clearly marked as such, bearing any appropriate notice
indicating the sensitive nature of such information, or if disclosed orally or visually,
identified as proprietary or confidential at the time of disclosure or information that is
provided under circumstances reasonably indicating that it is confidential or proprietary
(“Confidential or Proprietary Information”). Such information may include, but is not
limited to, Contractor's business and organizational plans; all personnel, customer,
contracts, and financial information or material; client information databases; and
business product, research, and financial plans.
10.2 All DCHA information including portfolio plans, financing plans, pre-decisional data, prior
to action by the Board of Commissioners or Exe cutive Director is provided or known, or
available to Contractor is deemed to be confidential, whether or not so identified at the
time the information or data is made available to Contractor.
10.3 All work product and information prepared by Contractor or re ceived by DCHA from
Contractor, in accordance with this Contract, is DCHA property and shall not be subject to
DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 14 of 31
confidential or proprietary restrictions hereunder, nor is it Contractor’s proprietary work
product or information. Contractor's work product or information provided to DCHA is
only protected as confidential or proprietary if an opinion of DCHA General Counsel, in
writing, has been provided to the Parties opining the same.
10.4 The Parties shall only use the Confidential or Proprietary Information disclosed under the
terms of this Contract for the purposes of this Contract. Neither Party shall disclose to
any third party, publish, or otherwise use for its own benefit or the benefit of a third party
the Confidential or Proprietary Information without the prior written consent of the other
Party. Any disclosure of Confidential or Proprietary Information to a third party, after
written approval from the other Party, shall be done only under an agreement that fully
protects the rights of the DCHA as described in this Contract.
10.4.1 Notwithstanding the foregoing, either Party upon written notice to the other
Party may disclose Confidential or Proprietary Information revealed pursuant to
the Contract to the extent the Party is required to do so by a judicial or der or
other legal obligation.
10.5 The Parties shall receive and hold any Confidential or Proprietary Information in
confidence, and shall take all reasonable and necessary care to maintain the
confidentiality of such information. The Parties shall limit the disclosure of such
information to employees, advisors, or representatives who need to know the
Confidential and Proprietary Information, including employees of the Parties.
10.6 Within thirty (30) days of either completion or termination of this Contract, whether for
convenience or cause, Contractor shall collect all Confidential Information applicable
thereto and received and/or created under this Contract, and shall either return the
Confidential Information to the originating individual, or dispose of the Confidential
Information in accordance with the written direction of DCHA.
10.6.1 Nothing in this Contract shall prohibit the Contractor from retaining copy of any
of the Confidential or Proprietary information as necessary to comply with
applicable laws, regulations, professional standards or internal document
retention policies. Such retained copies shall remain subject to the terms of the
Contract.
10.7 Any violation of this Article by Contractor shall constitute a material breach of this
Contract and shall be a basis for termination of the Contract.
ARTICLE 11 – T ERMINATION FOR CONVENIENCE AND DEFAULT
11.1 DCHA may terminate this Contract in whole, or from time to time in part, for DCHA’s
convenience or the failure of the Contractor to fulfill the Contract obligations (“Default”).
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DCHA shall terminate by delivering to Contractor a written Notice of Termination specifying
the nature, extent, and effective date of the termination.
11.2 Upon receipt of the notice, Contractor shall: (1) immediately discontinue all services
affected (unless the notice directs otherwise), and (2) deliver to DCHA all information,
reports, papers, and other materials accumulated or generated in performing this Contract,
whether completed or in process.
11.3 If the termination is for the convenience of DCHA, DCHA shall be liable only for payment for
services rendered before the effective date of termination.
11.4 If the termination is due to the Default of Contractor, DCHA may (1) require Contractor to
deliver to it, in the manner and to the extent directed by DCHA, any work as described in
subparagraph 11.1 and Article 1, Scope of Services, above and compensation determined
to be due shall be determined in accordance with Article 8, Modifications; (2) take over the
work and prosecute the same to completion by Contract or otherwise, and Contractor shall
be liable for any additional cost incurred by DCHA; and (3) withhold any payments to
Contractor, for the purpose of set-off or partial payment, as the case may be, of amounts
owed DCHA by Contractor.
11.4.1 DCHA may, in DCHA's sole discretion, provide Contractor with a notice to cure
(“Cure Notice”) any conditions that would otherwise amount to a basis to
terminate Contractor for Default. Contractor shall respond to any such Cure
Notice within the time provided for in such Cure Notice and Contractor shall either
cure such conditions or prov ide assurances, which DCHA, in its sole discretion
deems adequate.
11.5 If, after termination for Default, it is determined that Contractor had not failed, the
termination shall be deemed and documented to have been effectuated for the
convenience of DCHA, and Contractor shall be entitled to payment as described in
paragraph 11.2 above.
11.6 Any disputes with regard to this clause are expressly made subject to the terms of the
Article 13 titled Disputes herein.
11.7 UNDERSTANDING FULLY THE RISK THAT ALL OR A PORTION OF THIS CONTRACT, OR ALL
OR A PORTION OF A SPECIFIC TASK ORDER MAY BE TERMINATED AT ANY TIME FOR ANY
REASON OR FOR NO REASON WHATSOEVER, Contractor agrees that in the event of such
termination, DCHA shall not under any circumstances be liable by reason of suc h
termination, for damages or expenses, including but not limited to the loss of present or
prospective commissions or lost profits, or for expenditures, investments, opportunities
long gone, or for the inability to fulfill customer contracts or otherwise. Contractor shall
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submit any invoices for its Services within ninety (90) days of the date of the written
notice of termination.
11.8 The rights and remedies of DCHA provided in this Article are in addition to any other rights
and remedies provided by law or under this Contract.
ARTICLE 12 – RI GHTS IN DATA AND WORK PRODUCT
12.1 DCHA shall have exclusive ownership of, all proprietary interest in, and the right to full
and exclusive possession of all information, materials and documents discovered or
produced by Contractor pursuant to the terms of this Contract, including but not limited
to reports, memoranda or letters concerning the research, reporting and other work of
this Contract.
12.2 All documentation, software, processes, prototypes, innovations, inventions, discoveries,
improvements and other works developed under this Contract, are and shall become the
sole and exclusive property of DCHA. Contractor agrees that all ideas, software,
processes, business plans, writings, prototypes, products or derivations of products and
any other inventions, discoveries or improvements (collectively, the “Works”) that
Contractor or any of its employees, consultants, advisors or agents may make or create
in connection with the performance of the services for DCHA will be deemed “works-for-
hire” and are the property of DCHA. Contractor will promptly and fully disclose all Works
to DCHA. To the extent that any Work is not considered a work -for-hire or that title to
such Work does not automatically vest by operation of law, Contractor irrevocably assigns
all of Contractor’s rights of copyright, trademarks (including goodwill), and any other
rights in intellectual property and rights in the physical embodiment of the Works, and
DCHA will have the right to obtain and hold in its own name all registrations which may
be available in the Works. Contractor shall not disclose or distribute any Works without
the prior written permission of an authorized officer of DCHA. Contractor will turn over
all Works to DCHA when Contractor ceases to perform services for DCHA or upon DCHA’s
earlier request. No further consideration is required for this assignment.
12.3 Parties acknowledge and agree that DCHA shall retain all rights, title and interest in or to
any of its intellectual property. No ownership rights with respect to the proprietary
intellectual property of DCHA is being acquired by or transferred to Contractor under the
terms of this Contract.
12.4 Contractor further assigns to DCHA, and DCHA shall have, all causes of action, past,
present, and future, related to any rights in Works; the rights to damages or profits, due
or accrued, arising out of past, present, or future infringements or violations thereof; and
the right to sue for and recover the same in DCHA's own name.
DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 17 of 31
12.5 Both during and after C ontractor’s Services for DCHA, Contractor will give DCHA all
reasonable assistance necessary for DCHA or one of its instrumentalities to apply for
patents or other protections for any Work in DCHA’s or such instrumentality name in all
countries of the world. Contractor shall cooperate with DCHA in providing support and
assistance as may be reasonably required for the protection and defense, if any, of DCHA’s
patent rights, trademarks, trade names, logos, designs or other proprietary intellectual
property rights in connection with Contractor’s Services pursuant to this Contract.
ARTICLE 13 – D ISPUTES
13.1 All claims by Contractor relating to performance of this Contract shall be submitted in
writing to the DCHA Contracting Officer for a written decision. Contractor shall submit to
DCHA a notice of claim within ten (10) calendar days of such event giving rise to a dispute.
Contract disputes should include, at a minimum, the following information:
(a) Name, address, and phone number(s) of the Contractor;
(b) Contract number and project title;
(c) A detailed statement of the basis for the contract dispute;
(d) Supporting evidence or documents to substantiate any claims; and
(e) The form of relief requested
13.2 The DCHA Contracting Officer shall issue a written decision within ninety (90) days receipt
thereof and send the decision to Contractor by certified mail, combined with return
receipt requested and by first -class mail deposited with the U.S. Postal Service. The
written decision issued by the DCHA Contracting Officer shall include the following:
(a) A description of the claim;
(b) A reference to the pertinent contract clauses;
(c) A statement of the factual areas of agreement or disagreement;
(d) A statement of the DCHA’s decision with support rationale; and
(e) A statement referencing appeal rights.
13.3 In the event Contractor disagrees with the decision rendered by the DCHA Contracting
Officer, Contractor may file an appeal of the DCHA decision with the DCHA General
Counsel to the DCHA Executive Director. Any such appeal must be filed within ten (10)
calendar days of receipt of the DCHA Contracting Officer’s decision. Such time period for
appeal shall be calculated from the date of the DCHA Contracting Officer’s Final Decision
plus three (3) days for first -class mail deposit with the U.S. Postal Service. The DCHA
Executive Director shall render a final decision within thirty (30) calendar days of receipt
of Contractor’s appeal.
DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 18 of 31
13.4 Any failure by the Executive Director to issue a Final Decision on a Contract claim within
the required time -period shall be deemed a denial of the claim. In the event that the
Contractor disagrees with the decision rendered by the DCHA Executive Director, the
Contractor may pursue any all legal remedies available in a court of competent
jurisdiction. The appeal must be filed within thirty (30) days of receipt of the Executive
Director’s decision, or other time -period required by the selected court competent
jurisdiction, as applicable.
13.5 In the event a dispute arises, at no time shall Contractor cease performance of the duties
and Services stated herein. Contractor shall continue with the performance of all
responsibilities and obligations hereunder until resolution of such dispute by the
administrative remedies set forth herein.
ARTICLE 14 – I NDEMNIFICATION AND INSURANCE
Contractor shall indemnify, defend and hold harmless the U.S. Department of Housing and Urban
Development (“HUD”) and DCHA from any loss, cost damage, claim, demand, suit, liability,
judgment and expense (including any attorney's fees and other costs of litigation) arising out of
or relating to: (i) any injury, disease, or death of persons or damage to or loss of property resulting
from or in connection with any breach by Contractor, its agents, employees and subcontractors
of any provision of this Contract; or (ii) any negligent or bad faith act(s) or omission (s) or the
negligent performance of this Contract by Contractor, its agents, employees and subcontractors
or any other person or entity for which Contractor may be responsible. Contractor’s liability shall
not be limited by any provisions or limits of any insurance coverage provided by Contractor in
accordance with this Contract.
DCHA shall notify Contractor within a reasonable time of any claim for which Contractor may be
liable under this paragraph. At its own expense, Contractor shall obtain the necessary insurance
coverage acceptable to DCHA to comply with this indemnification requirement; shall provide
evidence of such coverage to DCHA, and such coverage shall be in place before execution of this
Contract and shall remain in force throughout the term of this Contract. This insurance is primary
to, and will not seek contribution from, any other insurance available to an additional insured
under your policy.
ARTICLE 15 – L IMITATION OF LIABILITY
NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES NOR FOR ANY LOSS OF GOODWILL, PROFITS, DATA, OR LOSS OF USE
ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THE PERFORMANCE
OR BREACH OF THIS CONTRACT.
DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 19 of 31
ARTICLE 16 – NOTICES
All notices under this Contract shall be in writing and shall be sent by the United States Postal Service,
Certified Mail; Return Receipt requested (or any overnight delivery service such as FedEx or UPS),
postage prepaid, or by electronic mail or facsimile and addressed as follows:
Hawks Lawn Care, LLC
Devin Hawkins
Owner/President
15742 Marbury Heights Way
Dumfries, VA 22025
District of Columbia Housing Authority
Cheryl Moore
Contracting Officer
300 7th Street, SW
10th Floor
Washington, D.C. 20024
Attention: Cheryl Moore
Contracting Officer
Telephone: (703) 565-7586

Telephone: 202-503-0769
Email: chmoore@dchousing.org Email: hawkslawn@gmail.com
Any such notices sent via electronic mail or facsimile shall be followed by a hard copy to
Contractor and mailed via First Class with the United States Postal Service.
ARTICLE 17 – A TTACHMENTS
17.1 The following documents are hereby incorporated in their entirety and made a part of
this Contract.
17.1.1 Insurance (Attachment A)
17.1.2 Conflict of Interest Certification (Attachment B)
17.1.3 Contractor’s Notice of Intent to Award dated November 15, 2024 (Attachment C)
17.1.4 Contractors' Fee Proposal (Attachment D).
17.1.5 Section 3 Plan (Attachment E)
17.1.6 HUD General Conditions for Non-Construction Contracts Section (Attachment F)
17.1.7 Wage Determination (Attachment G)
17.2 This Contract shall be interpreted as a unified contractual document with the Articles,
Attachments, and the corresponding Request for Proposal (“RFP”) having equal effect,
except that in the event of any inconsistency between them, first Article 1, Scope of
Services shall apply, then the Articles in the body of this Contract will apply, then the RFP
shall apply, and then any supplemental provisions incorporated by reference.
ARTICLE 18 – C OMPLIANCE WITH LAW
DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 20 of 31
18.1 Contractor agrees to comply with the following to the extent they are applicable to the
Contract work; as applicable:
18.1.1 Executive Order 11246 as amended, and Department of Labor regulations
regarding Equal Employment Opportunity (41 CFR Part 60);
18.1.2 The Davis-Bacon Act, as amended (40 U.S.C. 3141 -3148), as supplemented by
Department of Labor regulations (29 C.F.R. Part 5), and the Davis-Bacon related
acts, including but not limited to 42 U.S.C. 1437j(a);
18.1.3 Compliance with the Copeland “Anti -Kickback” Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 C.F.R. Part 3);
18.1.4 Compliance with the Contract Work Hours and Safety Standards Act (40 U.S.C.
3701-3708), as supplemented by Department of Labor regulations (29 C.F.R.
part 5);
18.1.5 Rights to inventions made under contract or agreement (37 C.F.R. Part 401);
18.1.6 Compliance with the Clean Air Act (42 U.S.C. 7401 -7671q) and Federal Water
Pollution Control Act (33 U.S.C. 1251-1387), as amended;
18.1.7 Mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with
Energy Policy and Conservation Act (42 U.S.C. 6201);
18.1.8 Compliance with federal debarment and suspension requirements (Executive
Orders 12549 and 12689). A contract award must not be made to parties listed
on the government wide Excluded Parties List System in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180;
18.1.9 Compliance with Byrd Anti-Lobbying Amendment (31 U.S.C. 1352);
18.1.10 Compliance with requirements related to procurement of r ecovered materials
in accordance with Section 6002 of the Solid Waste Disposal Act, as amended (2
C.F.R. 200.322);
18.1.11 Compliance with Drug-Free Workplace Act of 1988 requirements;
18.1.12 Compliance with McNamara-O’Hara Service Contract Act of 1965;
18.1.13 Notice that DCHA, HUD, the Comptroller General of the United States, or any
other duly authorized representatives, shall have access to any records of the
contractor pertinent to the project in order to conduct an adequate audit or
examination; and
DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 21 of 31
18.1.14 Requirement that Co ntractor retain records for a minimum of three (3) years
following contract closeout.
18.1.15 Compliance with the Anti -Deficiency Act. Notwithstanding anything contained
herein to the contrary, Contractor’s obligations or liabilities which may be
hereunder described or otherwise contemplated shall be limited and restricted
to the requirements of the proper appropriations in compliance with (i) the
Federal Anti-Deficiency Act, prescribed under 31 U.S.C. §§ 1341, 1342 1349 and
1351; (ii) the District of Columbia Anti-Deficiency Act, D.C. Official Code §§ 47 -
355.01-355-08 (2001), (iii) D.C. Official Code § 47 -105 (2001), and (iv) D.C.
Official Code § 1-204.46 (2006 Supp.), as the foregoing statues may be amended
from time to time, regardless of whether a particular obligation has been
expressly so conditioned. No provision contained in this Contract shall be
construed as a multi -year financial obligation to Contractor so as to cause
violation of said Anti Deficiency Act.
18.1.16 Compliance with Section 3 Requirements. All Contractors shall comply with the
Section 3 Program, as defined in the Housing and Urban Development Act of
1968.
18.1.17 Compliance with any and all applicable laws and regulations of the United
States, the District of Columbia, or any other S tate(s) where work will be
performed under this Contract or any political subdivision thereof, including, but
in no way limited to, any and all laws governing its relationship with its officers,
employees, agents, representatives, affiliates, or subcontractors, including, by
way of example, compensation, working hours, overtime, non-discrimination in
employment, etc.
ARTICLE 19 – E XAMINATION AND RETENTION OF CONTRACTOR’S RECORDS
19.1 To the extent entitled by applicable law and professional standards, DCHA, HUD, or the
Comptroller General of the United States, or any of their duly authorized representatives
shall, until three (3) years after final payment under this Contract, have access to and the
right to examine any of the Contractor’s directly pertinent books, documents, papers, or
other records involving transactions related to this Contract for the purpose of conducting
and making audits, examination, excerpts and transcriptions.
19.2 The Contractor agrees to include in its first-tier subcontracts under this Contract a clause
substantially the same as paragraph 19.1 above for records relating to Subcontracts as
used in this Article, excluding purchase orders less than ten thousand dollars
($10,000.00).
DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 22 of 31
19.3 The periods of access and examination in paragraphs 19.1 and 19.2 above for records
relating to: (1) appeals under Article 13, Disputes of this Contract; (2) litigation or
settlement of claims arising from the performance of this Contract; or (3) costs and
expenses of this Contract to which the DCHA, HUD, or the U. S. Comptroller General or
any of their duly authorized representatives has taken exception, shall continue until
disposition of such appeals, litigation, claims, or exceptions have been completed.
ARTICLE 20 – I NTERPRETATION AND CONSTRUCTION
20.1 The title desi gnations of the numbered Articles and provisions to this Contract are for
convenience only and shall not affect the interpretation or construction of this Contract.
20.2 Unless otherwise pre -empted by Federal law, this Contract shall be governed in all
respects by the substantive laws of the District of Columbia, without regard to its conflict
of laws or choice of law provisions.
20.3 Every right or remedy conferred by this Contract upon or reserved to the Parties shall be
cumulative and shall be in addition to every right or remedy now or hereafter existing at
law or in equity, and the pursuit of any right or remedy shall not be construed as an
election.
20.4 The failure of a Party to insist upon the performance of any provision of this Contract or
an Attachment hereto, or to exercise any right or privilege granted hereunder, shall not
be construed as waiving any such provision, and the same shall continue in force.
20.5 The rights and obligations of this Contract, which by their nature extend beyond its
expiration or termination shall remain in full force and effect and shall bind the Parties
and their legal representatives, successors, heirs, and assigns.
ARTICLE 21- ASSIGNMENT
Contractor shall not assign or transfer any interest in this Contract except that claims for monies
due or to become due from DCHA under the Contract may be assigned to a bank, trust company,
or other financial institution. If the Contractor is a partnership, this Contract shall inure to the
benefit of the surviving or remaining member(s) of such partnership approved by DCHA.
ARTICLE 22 –M ISCELLANEOUS
22.1 This Contract contains the entire understanding between the Parties and supersedes any
prior written or oral agreements between them. Except as set forth in Article 8,
Modifications, this Contract shall not be modified or waived except by written instrument
signed by the Parties.
DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 23 of 31
22.2 In the event that any part of this Contract shall be declared unenforceable or invalid, the
remaining parts shall continue to be valid and enforceable.
22.3 Contractor acknowledges and warrants that the individual executing this Contract on its
behalf is Contractor's officer, agent or employee and possesses authority to execute this
Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contra ct for Grounds Maintenance
and Landscaping Services for DCHA Properties to be executed and delivered as of this ______
day March, 2025.
H
awks Lawn Care LLC District of Columbia Housing Authority
Contractor
By: __________________________________ [Signature]
Name: Devin Hawkins _ Name: Cheryl Moore ___
Title: ______Owner/President_______ Title: ____Contracting Officer
Date: _________________________________ Date:
DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 24 of 31
ATTACHMENT A – INSURANCE
T
he Contractor, at its own expense, shall obtain the minimum insurance coverage set
forth below and keep such insurance in force throughout the Contract period. All
insurance provided by Contractor in this section shall set forth DCHA as an additional
insured (as applicable).
The Respondent shall carry and pay for:
(i) Commercial General Liability (GL):
Per Occurrence: $1,000,000
Aggregate: $2,000,000
(ii) Products and Completed Operations: $2,000,000
(iii) Personal/Advertising Injury: $2,000,000
(iv) Automobile Liability: $1,000,000 per occurrence
(v) Workers' Compensation: District of Columbia statutory requirements and
benefits.
(vi) Employer's Liability: This coverage is not available to employees if Worker's
Compensation applies (see 32 DC Official Code § 1504). If and when Employer's
Liability insurance applies, however, the minimum requirements are as follows:
Each Accident: $500,000
Employee Disease: $500,000
Disease-Policy Limit: $500,000
ADDITIONAL COVERAGE
(vii) Umbrella or Excess Liability {Professional Consultant Services with $1M Per
Occurrence and $2M Aggregate for General Liability and Employment Practices}
$5,000,000
(viii) Employment Practices Liability:
Per Occurrence: $1,000,000
Aggregate: $1,000,000
W
ith respect to (i) and (ii) above, these policies shall be endorsed to name the DCHA as
an additional insured and as a loss payee.
With respect to policies described above, these policies must:
DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 25 of 31
(a) Be in place before the execution of this Contract, as in- force insurance is a
condition precedent to the Contract;
(b) The Certificate of Insurance language shall include the following verbiage under
the Description, “ As required by the written contract, DCHA , its commissioners,
officers, directors, employees and volunteers are included as additional insureds
under the General Liability and Auto Liability policies. The captioned policies are
written on a primary and non-contributory basis. Waiver of subrogation in favor
of DCHA applies regarding General Liability, Auto Liability and Workers
Compensation policies. Coverage shall not be suspended, voided, canceled, non-
renewed or reduced in coverage or in limits except after thirty (30) days prior
written notice to DCHA.”
(c) Contractor shall provide DCHA with Certificate of Insurance annually as evidence
of the limits of coverage described above;
(d) In the event the Contractor’s insurance expires during the term of the Contract,
the Contractor shall provide DCHA with copies of renewal certificates thirty (30)
days prior to the expiration date of the expiring coverage;
(e) The Contractor’s Insurance contracts shall require the insurance company to
notify the DCHA in the event of a substantial change in coverage during the policy
term;
(f) Have an A.M. Best Company rating of A-VIII or higher by companies authorized to
do business and in good standing in the District of Columbia, on such conditions,
and with such beneficial interest appearing thereon as shall be acceptable to the
DCHA.
In the event a claim arises out of this Contract, the Contractor will promptly notify the
DCHA Contracting Officer’s Technical Assistance Representative (COTR) and the DCHA
Office of General Counsel (OGC) Malisha Pate, Risk Reduction Specialist, Office of Risk
Management (ORM) by email at mpate@dchousing.org. In addition, the Contractor will
investigate and furnish the DCHA COTR and ORM with reports of all accidents, claims
and potential claims for damage or injury and will cooperate with its insurers and those
of DCHA.
DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 26 of 31
ATTACHMENT B – CONFLICT OF INTEREST CERTIFICATION
DistrictofColumbiaHousingAuthority
CONFLICTOFINTERESTCERTIFICATION
ThefollowingaffidavitieREQUIREDforallbide/offereover100,000.00

Pursuantto2CFR§200.318(0)(1),noofficer,employee,contractororagentoftheDistrictofColumbiaHousingAuthority("OCHA"),oritssubsidiaries,shailparticipateintheselection,orintheawardaradministrationofacontractSupportedbyFederalfundsFaconfctofinteres,realorapparert,wouldbeinvolved.Sucaconfictwouldaisewhen:
)Theemployes,officer,contractororagent,Anymemberofhisorherimmediatefamily,(it)Hisorherpartneror,(v.)Anorganizationwhichemploys,orisabout(oemploy,anyoftheabove,fasafinancialinterestInthefirmarorganizationselectedforaward.

Noofficer,employee,contractororagentofOCHA,oritssubsidiaries,shallengageInprivatefinancialtransactionsusinginsideinformationnotavallablefothepublicgenerally,oraflowtheimproperusaofsuchinformationtofurtheranyprivateinterestorpersonalgain.Everyofficer,employee,contractororagentshailconductthamselveswiththebiphestdegreeofehia!standardsa lltmes,whileundertheemploy,contact,swardordesignationofOCHAoritssubsidiaries.
Noofficer,employee,contractororagentofOCHA,ortssubsidiaries,mayhaveafinancialorownershipinterest,directarindirect,inanytealpropertyincluded,orproposedtobeIncluded,inartyrealestatedevelopmentorradeveiopmentprojectofOCHA,orifssubsidiaries,orinanyrealproparlywherebytheownerraceivesafederalorfocalhousingsubsidyadministeredbyOCHA,
Intheevent.aconfit,realorapparent,existspriorto,oFatiseswhieunder,theempioy,contract,awardordesignationofOCHA,oritssubsidiaries,theofficer,employee,contractororagentshat!fullyandimmediatelydiscloseallinformation,matters,contracts,financialinterests,andpersonalorbusinessfelationshipstoOCHA,oritssubsidiaries.Allinformationpertainingfoaconflictofinterest,raalorapparent,shalibeevaluatedand#determinatianshallissueastotherequlredcourseofactiontobetakenpriartotheexecutionorcontinuationofanyagreementwithOCHA oritesubsidiaries.
ViolationsofthisConflictofInterestCertification,Fedarallaworregulations,aswellasanyviolationsofDistrictofColumbialaw,mayresuttinimmediateterminationofanyrelationship,employment,contract,awardorappointmentwhitOCHA oritssubsidiaries,
4 ,anindividualorauthorizedrapresentativeoftheundersigned,herebyacknowledgeandcertifythefollowing:
FENoconfictofinterest,roaforapparent,exists.
a conflictofinterest,reaior apparent,axistsand attachedhereto,isa narrativedescribingthenature,
Jengih,term and relationshipof tie conflict.ifa confitctafintarestpreviouslyexisted,pleaseexplainthe
conflictand includeany supportingdocumentation thatdemonstrates resolutionof the confict,
CompanyName 5 ba eo, hl
PrintedName
‘Signature
tteAdrynsehofae.
vate1/1 /aF

DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 27 of 31

ATTACHMENT C – NOTICE OF INTENT TO AWARD

District of Columbia Housing Authority
3007*Street,SW,10"Floor,Washington,DC20024
* 202-535-1000
et KeithPetigrew,ExecutiveDiractor

November 15,2024
ViaUS Mail and Email-hawkslayn@aqmail.com
DevinHawkins
Owner/President
Hawk's Lawn Care,LLC
15742Marbury HeightsWay
‘Dumfries,VA 22025
NOTICE GF INFENT TO AWARD
IFB InvitationforBid 0032-20240 — Grounds Maintenanceanc LandscapingServices
The DistrictofColumbia HousingAuthority(DCHA) hascompletedtheevaluationprocessofthe
abovereferencedsolicitation.As aresult,DCHA acceptsyour bidandintendsto awardyour
company acontractforGroundsMaintenanceand LandscapingServices.This acceptanceisinstrict
accordancewiththeternsof yourBiddatedJune3,2024.
PleaseacknowledgereceiptofthisNoticeofIntenttoAwardwithsignaturebyanauthorized
companysignatoryandreturnitalong,withacurrentCertificateofInsuranceatthelevelslisted
iinthesolicitationandthatlistsDCHAasanadditionalinsured.
Uponreceiptoftherequested,DCHIAwillforwardacontractforyourreviewandsignaturewithin
fourteen(14)businessdays,Thereafter,ShavonDavis,TransportationCperationsOfficer,Property
ManagementOperations,at202.528-6006istheDCHA.ContractingOfficer'sTechical
Representative(COTR)designatedbythisofficeandresponsibletoinitiateandadministerday-to-
daycontractedservices.
Ifyoushouldhaveanyquestionsregardingthisnoticeorpriortocontractaward,pleasecontact
LolitaWashington,ContractSpecialistat(202)830.5220orbyemailat
Iwashing@achousing.orgwithcopyfobusiness@dchousing.otg.Congratulationsareinorder,
PCHA looksforwardtodoingbusinesswithHawk’sTawnCare.17C.
District of Columbia Housing Authority
3007*Street,SW,10"Floos,Washington,DC20024
4] 202-535-1000

KeithPettigrew,ExecutiveDirector
NOTICE OF INTENT TO AWARD
TnvitationforBid 0032-2024D-Grounds Maintenanceand LandscapingServices

RECEIPTISACKNOWLEDGED
BY: Jen in te aK DS
(PRIVENAME)
COMPANY: Hawks Lawn Care, WC.
(companyNAME
SIGNATURE: Z ?
DATE: fl-}e-at
DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 28 of 31

ATTACHMENT D - CONTRACTORS FEE FOR SERVICES

1. This is a “Fixed Price” contract for the Scope of Services specified in Article 1, as specified
at the rates in the accepted Price Proposal and attached in Attachment D. The Contract
amount shall be for Three Hundred Sixty-Three Thousand One Hundred- Twelve Dollars
and Twenty Cents ($363,112.20); as deemed appropriate in the representation of DCHA
and based upon the availability of funds.
2. Performance shall be made only after receipt of Purchase Orders issued in accordance
with the accepted Price Proposal and Scope of Work for the subject contract.
3. Contractor shall furnish delivery and/or performance of services to DCHA upon receipt of
orders from Authorized DCHA Contract Representatives designated in Article 9 and
Attachment A.
4. Contractor shall perform and complete the contracted work during the term of the one
year awarded contract.
5. Payment Terms for the monthly invoices are on a net thirty (30) day basis.
6. Contractor’s prices are not in excess of those charged to non-governmental clients for the
same services performed by the same individuals.
7. DCHA may make changes to the Services and Work as set forth in Article 8, Modifications.

DCHA IFB 0032-2024 (BEST AND FINAL OFFER)
Exhibit 1: BID Form for Landscape and Grounds Maintenance Services
BID FOR LANDSCAPING AND GROUNDS MAINTENANCE BASED UPON 27 CUTS PER PROPERTY AND SERVICES TO
INCLUDE MOWING, EDGING, AND HARD SURFACE WEED CONTROL
ACRES PROPERTY NAME ADDRESS
LAND
AREA SQFT
MONTHLY
FEE
(12 months)
ANNUAL FEE
Year 1
ANNUAL FEE
Year 2
14.64 Benning Terrace 4450 G Street SE WDC, 20019 638,073 $7.285.17 $87,422 $90,264
10
Greenleaf Family/
Additions/Gardens/Senior 203 N Street SW WDC, 20024 435,252

6.82 Highland Additions 914 Wahler Place SE WDC, 20032 297,247
3.17 Hopkins Apartments 1000 12th Street SE WDC, 20003 138,128
8.02 James Creek 1265 Half Street SW WDC, 20024 349,369
5
Kelly Miller/ LeDroit
Apartments 2124 4th Street NW WDC, 20001 216,750
$3,708.33 $44,500 $45,946
10 Kenilworth
4500 Quarles Street
NE WDC, 20019 437,070
$5,007.67 $60,092 $62,045
2.42 Kentucky Courts 340 13th Street SE WDC, 20003 105,427 $2,176.83 $26,122 $26,970
9.04
Langston Terrace/
Additions 2101 G Street NE WDC, 20002 393,788

20.69 Lincoln Heights 400 50th Street NE WDC, 20019 901,536
6.31
Potomac Gardens
Family/Senior 1225 G Street SE WDC, 20003 275,284

8.91 Richardson Dwellings 325 53rd Street NE WDC, 20019 388,388 $4,813.33 $57,820 $59,699
11.72 Woodland Terrace
2311 Ainger Place
SE WDC, 20020 510,553

3.6 Syphax Garden 1501 Half St SW WDC, 20024 157,001 $2,387.50 $28,650 $29,581
18
Stoddert Terrace/Ft.
Dupont 155 Ridge Road SE WDC 20019 782,990

TOTAL $304,606 $314,505
DCHA IFB 0032-2024 (BEST AND FINAL OFFER)
Exhibit 2: Equipment and Personnel
PRODUCT
UNIT OF
MEASURE COST
Holly Bush 1 $60
Burford Holly 1 $45
Fire Power Nandinas 1 $49
Tall Sun Love Perennials 1 $165
Yards of Mulch Per Yard $60
Dwarf Grass 1 $45
Dwarf Drift Roses 1 $45
Knockout Roses 1 $45
Variegated Liriope 1 $16
Hosta 1 $22
Hydrangea 1 $50
Rhododendron 1 $70
Azalea 1 $55
Yards of Seeding Per Yard
Yards of Topsoil Per Yard $55
Mowing
27 Cuts Per
Property See Attached
Edging 9 Part of Mowing
Hard Surface Weed
Control 21 Included
Leaf Removal 3

Aeration 1
Snow Removal Per Service See Attached

Bidder: Hawk’s Lawn Care, LLC
Completed by: Devin Hawkins
Title: Owner
Date: 06/12/2024

DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 29 of 31

ATTACHMENT E – SECTION 3 COMMITMENT

DCHA Section3 ActionPlan
Overview:
ThisformshouldbecompletedandsubmittedwithallSection3-applicableDistrictofColumbiaHousingAuthority(DCHA)contractproposalstodemonstratehowtherespondent/bidderproposesmeetingitsSection2obligationtoprovideemploymentandothereconomicopportunitiestolowandvery-lowincomepeople.
FormoreinformationaboutSection3,pleaserefertotheSection3ContractorComplianceAgreement.
Part|:ContractDetail:(Required)
PrimeContactNumber:Hawk’sLawnCare,LLC
RFP/Contractor’sName:DCHAIFB0032-2024ProjectTitle:DCHAGROUNDSMAINTENANCEANDLANDSCAPINGSERVICESProposedContractValue:$304,606
PersonResponsibleforSection3Reporting:DevinHawkins-OwnerorAnesiaHawkins-Administrator
Section3ReportingContact’sPhoneNumber:(703)596-9330
Section3ReportingContact’sEmailAddress:Hawkslawn@gmail.com
DCHA ORSMay 2018 1

DisirictofColi HousingAuthority11133NorthCapitolSteetNE.WashingtonDC20002-7599
Part ll:Hiring(Required)
ThesafeharbornumericalgoalofSection3hiresis30%ofallnewhires.Allfull-timepositionsrelevant
totheproject,fromthepotentialprimeandallproposedsubcontractorsmustbeincluded.Ifnewhires
are notneeded,thisshouldbe notedonthe table,andwillbe monitoredduringthe contractperiod.
Hiresintoacertifiedapprenticeshipprogramcancounttowardyournewhirepercentage.
Note:Thisis2projection.iftheactualnumberoftotalhireschanges,sowilltheexpectednumberof
‘Section3hires.Section3hiringproceduresmustbefollowedforeverynewhire,meaningthenewhire
requestformmustbesubmittedteDCHAfivebusinessdayspriartoopeningthepostingelsewhere.
Pibpected| B)tor
{2)JobTileforeach oF Positions| (4)TotatNew| {5}Section=
{fulltimepositionproposed| Employees| Occupiedby |HiresExpected| NewHires
toworkontheproject}| workingon Current 2-6) Expected

Tora,
"TotalSection3NewHireSafeHarbor:
{Totalofcolumn(4)x0.3,roundedtonearestwholenumber)‘ProposedPercentageofNewHiresthatareSection3:{Totaofcoturmn(5)/Totalofeokurnn{4}x400)

IftheproposedpercentageofnawhiresthatareSection3isbelow30%6,usethissectiontoexplainwhy
itisnotfeasibletnfulfillthisgoal,andcomplete“Part{V:OtherEconomicOpportunities”topropose
alternativemethodsofprovidingeconomicopportunitiestoSection3individuals.
Currently,Hawk’sLawnCare,LLC doesnothaveanyvacancies,butwillprovidenecessaryjobtrainingandemploymentopportunitiesaswelooktohireforfuture
vacancies.

DCHAORSSeptember2017 2

DistrictofColumbiaHousingAuthority11133NorthCapitolStretNE,WashingtonDC20002-7599
Partitl:Subcontracting(Required)
ThesafeharbornumericalgoalsforsubcontractingtoSection3businessconcernsare10%for
constructioncontractsand3% forprofessionalservicesandallathercontracts.
Section3BusinessConcemsSubcontracts
"otalAnticipatedDollarValueofSubcontracttoSection3BusinessConca 30
‘PercentageofTatalContractValueAnticipatedteSubcontracttoSection3Businesses(above 0%
colurnnfexpectedtotalcontractvalue}:
‘Expe;ttedSection3BusinessConcernsSubcontracts
‘Sub-ContractorName:
ContactName:
ContactPhone Number:
ContactEmail:
AnticipatedContractValue:
AnticipatedScopeof Work:
AnticipatedTimeFrameofWork:

Sub-ContracterName:
Contact Name:
‘ContactPhone Number:
ContactEmail:
AnticipatedContractValue:
AnticipatedScopeofWork:
AnticipatedTimeFrameofWork:
Sub-ContractorName:
Contact Name:
ContactPhoneNumber:
Contact Email
AnticipatedContractValue:
AnticipatedSeapeofWorle
AnticipatedTimeFrameofWork:

IftheproposedpercentageofsubcontractstoSection3businessconcemsislessthan10%for
constructioncontractsor39fornon-constructioncontracts,usethis.sectiontoexplainwhyitisnot
feasibletofulfilthegoal,andcomplete“PartV:OtherEconomicOpportunities”topropasealternative
methodsofprovidingeconomicopportunitiestoSection3individuals.
Hawk'sLawnCareproposestogivetootherEconomicOpportunitiesinthewayofDCHA.commitmenttoExcellencescholarships($1,000eachyear).Thiswillallowstudentstocontinuefurtheringtheireducationandhelpwithfundsfortuitionandbooks.

DCHAORSSeptember2017 3
DistrictofCabumbiaHousingAuthority1233NorthCopitolSteetNE,WashinglonDC20002-7599
PartIV:OtherEconomicOpportunities(Requiredifunabletofulfilhiringorsubcontractinggoalsorif
neitherhiringnorsubcontractingfortheproject)
Thissectionisrequiredforallproposedprimecontractorswhowerenotabletomeetthehiringor
subcontractingsafeharbornumericalgoals,aswellasthosewhoareneitherhiringnorsubcontracting.
Othereconomicopportunitiesshouldbecommensuratewiththevalueofcontract,19%forconstruction
contractsand3%forprofessionalservicesandallothercontracts,andmustbeapprovedbytheSection
3Coordinatorpriortoimplementation.
‘TypesofOtherEconomicOpportunitiesyouwillprovide:
WorkforceskillstrainingsforDCHAresidents,
Dlotherself-sufficiencytrainingsforDCHAresidents
[Entrepreneurialtrainingsorpro-bonoservicesforDCHAresident-ownedbusinessesorstart-ups
Cipro-bonoservicesforResidentCouncils
CLegalclinics/advicetosupportself-sufficiency
(HostandsponsorDeYour8.£.S7.intems.
CiSponsorself-sufficiencyprogrammingattheSouthwestFamilyEnhancementandCareerCenter
‘WaSponsorCommitmenttoExcellencescholarships($1000or$5000increments)
ProfessionalclothingdrivefortheSouthwestFamilyEnhancementand CareerCenter
LiPreviouslyhiredDCSection3employeeswillbeutilizedonthisprojectfor_% oftheproject’slabor
Bother
Pleaseusethisspacetoprovideadditionalinformationsuchasspecifictopics,numberoftrainings,
approximatemonetaryvalueofpro-bonoservices,ate:
Hawk’s Lawn Care willdonate toprofessionalclothingdrive forthe Southwest Family
Enhancement and Career Center.
Other:

Hawk’sLawnCareproposestogivebacktopublichousinginDCHAin theformof
plantingapproximately$400-$500offreeflowersforseniorresidentsonEarthDay.
ItwasrewardingforHawk’sLawnCaretoprovideservicesinApril2024toJamesCreek|
PublicHousingandSyphaxGardens.We donatedpaversteppingstonestoJamesCreek
duringEarth/BeanfifieationDay.Thecostofthesestoneswasnearly$500. \
Beautiful,outdoorspacescanhelppeoplefeelmoreconnectedtotheirsurroundings,|whichcanleadtoincreasedcivicandcommunitypride.ThisisjustanotherwaythatHawksLawnCareworkstoimprovethecommunity.

‘DCHAORSSeptember2017 4
DistrictofColumbiaHousingAuthority133NorthCapitolStreetNE,WashingtonDC20002-7599

PartV:Section3PastPerformance
CompletethetablebelowifyouhavesuccessfullyachievedSection3complianceonpreviouscontracts.
Agency Project ‘Timeframe Actions
{Include#ofSection3Hires,Subcontractor
Names,ete)
PartVi:Authorization(Required)
Bysigningbelow,thecontractoragreesteabideby tscommitmentsinthisactionplanaccordingtmthe
policyandproceduresinthecontractorcomplianceagreement.ifforanyreasonthecontractor
anticipatesaninabilitytofulfillthisactionplan,itisthecontractor'sresponsibilitytocontactDCHA’s
Section3Coacdinatortonegotiatearevisedactionplan.
x Atfavikins~ Ovénethurt, Date:9/23/2024

DCHA OfficeofResidentServicesintemalUseOnly
Bysigningbelow,DCHA‘sOfficeofResidentServicescertifiesthatthisectionpianmeetsthegreatest
extentfeasiblerequirementsperHUD’s24CFR135andDCHA’sSection3Policy.
x Date:
AuthorizedSignatory’sName:
AuthorizedSignatory’sTitle:
DCHAORSSeptember2017 5
DistrictofColumbiaHousingAuthority11133NorthCapitolStreetNE,WashingtonDC20002-7599
Section3 ContractorCompliance Agreement
ThisSection3ContractorComplianceAgreementisenteredintobetweentheDistrictofCotumbiaHousingAuthority(OCHA),locatedat1133NorthCapitolStreetNE,WashingtonDC
20002-7599;and(nameofcontractor).Hawk’stawnCare,LLC ocatedat
(addressofcontractor)15742MarburyHeightsWay Dumfries,VA22025

Section3ProgramOverview
Section3oftheHousingandUrbanDevelopmentActof1968(codifiedasamendedat12U.S.C.1701u)(Section3)wasenactedtoensurethatemploymentandothereconomicopportunitiesgeneratedbycertainHUDfinancialassistanceshall,tothegreatestextentfeasible,andconsistentwithexistingFederal,Stateandlocallawsandregulations,bedirectedtolow-andverylow-incomepersons,particularlythosewhoarerecipientsofgovernmentassistanceforhousing,andtobusinessconcemswhichprovideeconomicopportunitiestolow-andverylow-incomepersons;and
Section3coveredopportunitiesincludetraining,employment,contracting,andothereconomicopportunitiesarisingfromdevelopment,operatingandmodernizationfundedbyHUDnotwithstandingtheamountofthecontractorsubcontract,andregardlessofwhethertheactivityisfullyorpartiallyfindedbyHUDfunds,and
“Section3Resident”means:a.A publichousingresident;
b. OtherDCHA VoucherProgramparticipant;or
¢c.AnindividualwhoresidesintheDistrictofColumbiametropolitanareaandwhoisaJow-arverylow-incomeperson,and
“Section3 BusinessConcern”meansabusinessconcernthat:a. Isabusinessconcemthatis51%ormoreownedby Section3 residents;orb, Abusinesswhosepermanent,full-timeemploycesincludeatleast30%currentSection3residents(orarewithinthreeyearsofthedateoffirstemploymentasaSection3resident);orcA businesswhichprovidesevidenceofacommitmentfosubcontractinexcessof25%orthedollarawardofallsubcontractstobusinessesthatmeetthetestsin(3)fa)or(3)(b)above;and.
DCHA’simplementationoftheSection3programprovidesamechanismthatwillenableDCHA.torequireandhelpitscontractorsandsubcontractorstoprovideemployment,training,andbusinessopportunitiesforDCSection3residents;and
24 CER. § 135.30(a)createsa “safeharbor”whereby recipientsand coveredcontractorsmay
demonstratecompliancewiththe“greatestextentfeasible”requirementofSection3bymeetingthelistednumericalrequirements;and.
GZ _PisvctofColumbiaHousingAuthority133NorthCapitolStreetNE,WashingtonDC20002-7599
* ContractorsandsubcontractorswillincurallcostsforcompliancewithSection3,aresubjecttoDCHASection3monitoring,andwillacceptanyapplicablepenaltiesfornon-compliance.
‘TheundersignedpartiesagreetocomplywiththefollowingprovisionsinaccordancewithDCHA’sSection3policy:
1. Section3HiringRequirements.Contractoragreesatleast30%ofitsnewhiresfortheproject
shallbeSection3 residents.The30%minimumrepresentsasafeharborforhiringthatmeetsthe“greatestextentfeasible”statutoryrequirement.
a.ForeachnewhireonaSection3coveredproject,thecontractorwillsubmitanewhirerequestformto DCHAfivebusinessdayspriortorecruitingthroughothermeans.IfDCHAisnotabletoreferqualifiedcandidates,thecontractoragreestomakeothereffortstohireSection3residentsforthevacantposition,
b.Intheeventthatthecontractorfailstoreachthe30%requirement,thecontractor‘mustprovideawrittenjustificationoftheimpedimentsencounteredandwhatactionsorothereconomicopportunitiesthecontractorattemptedineffortstoreachtherequirement.
c.Newhiresaresubjecttothecontractor'sstandardemploymentpolicies.
2.Section3ContractingRequirements.ContractoragrecstomeettheminimumSection3contractingrequirementsasasafeharborthatmeetsthe“greatestextentfeasible”statutoryrequirementasfollows:
a. Forconstructioncontracts,thecontractoragreestoawardcontractsofatleast10%of
thetotaldollaramounttoSection3BusinessConcerns.
b. ForallotherSection3-coveredcontracts,thecontractoragreestoawardcontractsof
at least3%ofthetotaldollaramountofcontractsorsubcontractstoSection3
BusinessConcerns.
©.AdatabaseofeligibleSection3BusinessConcemsismaintainedbytheDCDepartmentofHousingandCommunityDevelopment(DHCD)at
‘on-3-business-concems,
4.Intheeventthatthecontractorfailstomeettheseminimumnumericalrequirements,thecontractormustdemonstrateinwritingwhyitwasnotfeasibletomeetthenumericalrequirements,includingactionstakenandanyimpedimentsencounteredaswellasothereconomicopportunitiesthatwereprovidedintheabsenceofmeetingtherequirement.
3.OtherEconomicOpportunities.Whenthecontractorisunabletoprovidehiringand/orcontractingopportunitiestoSection3residentsand/orbusinesses,itisDCHApolicythatthecontractoroffersanothereconomicopportunityforcareeradvancement.Thisoptionisonlyavailableafteracontractordemonstratesinwritingwhyitisnotfeasibletohireand/orsubcontracttoSection3residentsand/orbusinessesasdescribedabove.Othereconomicopportunitiescouldinclude:
DistrictofColumbiaHousingAuthority133NorthCapitolStreetNE,WashingtonDC20002-7599
a.UsingpreviousSection3hires’laboronaproject.
b.ProvidingtrainingopportunitiesincludinginternshipsorcertifiedapprenticeshipsforSection3residentsordirectlyprovidingorsponsoringtrainingopportunitiesthroughOCHA’sSouthwestFamilyEnhancementandCareerCenter.
4.EvaluationCriteria.Contractorsmayeamupto20evaluationpointsforSection3.Section3actionplanswillbeevaluatedonthefollowingcriteria.

Points Hiring(6PossiblePoints) “Subcontracting(6PossiblePoints)

OtherEconomicOpportunities
{4PossiblePoints)*Pointswillonlybeawardedinthiscategoryaftermeetinghiringandcontractinggoalsor
demonstratingwhythey‘cannotfeasiblybemet.
PastPerformance{4PossiblePoints)

6 | ProposedprimeisaSection3BusinessConcernthathiresSection3residentsforatleast30%ofitsworkforce
ProposedprimeisaSection3BusinessConcern

@ | Commitmenttoexceedinggoalsand/orproviding‘SpecificSection3business‘concernsidentifiedassubs‘Specificmeansofproviding,othereconomicrobustemployment tomeetgoals. opportunitiesof‘opportunities. commensuratevalueIdentified.
Demonstratesrepeatedsuccessfulcompliance.

2 | Commitmenttofollowing
proceduresandmeetingsoals
‘Commitmenttomeetingsubcontractinggoals. ‘Commitmenttoprovidingothereconomic‘opportunitiesofcommensuratevalue.
Demonstratesatleast1InstanceofsuccessfulSection3compliance.

0 | Noresponse,no hinon-feasibilityexplanationprovided.

‘Noresponse,zerocontracting,or‘non-feasibilityexplanationprovided. Noresponse,noothereconomicopportunities,or
‘explanation

NoresponseorneverencounteredSection3.

fies

BidderisnotqualifiedbecausetheproposaldesnotcomplywithSection3.Cisidderisnotqualifiedduetopreviousnon-compliance.
5.Section3ReportingProcedures.ContractoragreestosubmitmonthlySection3reportsintheformatspecifiedbyDCHAbythe5"ofeachmonth,reportingonSection3activitiesfromthepriormonth.Thefinalreportmustbesubmittedbytheearliestofthefollowingevents:theSthofthemonthfollowingcompletionoftheprojectoruponsubmissionofthefinalpayrequest.
6. Section3ComplianceProcedures.IfacontractorfailstomeettheSection3 hiringand/or
contractingrequirements,DCHA maydetermineittobenon-compliant.IfDCHA determinesthat
acontractorisnon-compliant,DCHA shallfollowtheproceduresbelow:
a.Issueaverbalwarningandadatebywhichtocorrect.Thecontractorisresponsiblefornotifyinganysubcontractorwhoisnotincompliance.Ifnon-complianceisnotresolvedbythedatebywhichtocorrect,theSection3coordinatorwillproceedwiththenextstep.

DistrictofColumbiaHousingAuthority1133NorthCapitolStretNE,WashingtonDC20002-7599
7. Section3
a.DCHAwillissueawrittencorrectiveplanwithaprescribedmeansofcorrecting,non-complianceandarequiredmeetingdateandtime.Thecontractorwillbegivenatleastthreebusinessdays”noticeforthemeeting,andisexpectedtoattendthemeetingwiththeSection3coordinatorandanyotherappropriaterepresentativefromDCHA.
b. Ifthecontractordoesnotcorrectthedeficienciesinthemannerandtimeframeprescribed,thefollowingsanctionsmaybeprescribed.1.Withholdingpaymentsoncontracts;and/or2.Cancelingandsuspendingcontracts;and/or3.PlacingcontractorsonalistofcontractorswhofailtocomplywiththeDCHA’sSection3requirements.4,Thecontractormayalsobesubjecttoafineupto5%ofthetotalcontractvalue.

Clauses.Thecontractorunderstandstheobligationsofa Section3coveredcontractand
agreestothefollowingSection3Clauses:
a Theworktobeperformedunderthiscontractissubjecttotherequirementsofsection3of theHousingandUrbanDevelopmentActof1968,asamended,12U.S.C.1701u(Section3).ThepurposeofSection3istoensurethatemploymentandothereconomicopportunitiesgeneratedbyHUDassistanceorHUD-assistedprojectscoveredbySection3,shall,tothegreatestextentfeasible,bedirectedtolow-andverylow-incomepersons,particularlypersonswhoarerecipientsofHUDassistanceforhousing.‘ThepartiestothiscontractagreetocomplywithHUD’sregulationsin24CFRpart135,whichimplementSection3.Asevidencedbytheirexecutionofthiscontract,thepartiestothiscontractcertifythattheyareundernocontractualorotherimpedimentthatwouldpreventthemfromcomplyingwiththepart135regulations.‘Thecontractoragreestosendtoeachlabororganizationorrepresentativeorworkerswithwhichthecontractorhasacollectivebargainingagreementorotherunderstanding,ifany,anoticeadvisingthelabororganizationorworkers’representativeofthecontractor’scommitmentsunderthisSection3clause,andwillpostcopiesofthenoticeinconspicuousplacesattheworksitewherebothemployeesandapplicantsfortrainingand.employmentpositionscanseethenotice.ThenoticeshalldescribetheSection3preference,shallsetforthmininumnumberandjobtitlessubjecttohire,availabilityofapprenticeshipandtrainingpositions,thequalificationsforeach;andthenameandlocationoftheperson(s)takingapplicationsforeachofthepositions;andtheanticipateddatetheworkshallbegin.‘ThecontractoragreestoincludethisSection3 clauseineverysubcontractsubjecttocompliancewithregulationsin24CFRpart135,andagreestotakeappropriateaction,asprovidedinanapplicableprovisionofthesubcontractorinthisSection3clause,upona{findingthatthesubcontractorisinviolationoftheregulationsin24CFRpart135.Thecontractorwillnotsubcontractwithanysubcontractorwherethecontractorhasnoticeorknowledgethatthesubcontractorhasbeenfoundinviolationoftheregulationsin24CERpart135.Thecontractorwillcertifythatanyvacantemploymentpositions,includingtrainingpositions,thatarefilled(1)afterthecontractorisselectedbutbeforethecontractis‘executed,and(2)withpersonsotherthanthosetowhomtheregulationsof24CFRpart135requireemploymentopportunitiestobedirected,werenotfilledtocircumventthecontractor’sobligationsunder24CFRpart135.

DistrictofColumbiaHousingAuthority1133NorthCapitolStreetNE,WashingtonDC20002-7599
£ NoncompliancewithHUD’sregulationsin24CFRpart135mayresultinsanctions,terminationofthiscontractfordefault,anddebarmentorsuspensionfromfutureHUD.assistedcontracts.g.WithrespecttoworkperformedinconnectionwithSection3coveredIndianhousingassistance,section7(b)oftheIndianSelf-DeterminationandEducationAssistanceAct(25US.C.450e)alsoappliestotheworktobeperformedunderthiscontract.Section7(b)requiresthattothegreatestextentfeasible(i)preferenceandopportunitiesfortrainingandemploymentshallbegiventoIndians,and(ii)preferenceintheawardofcontractsandsubcontractsshallbegiventoIndianorganizationsandIndian-ownedEconomicEnterprises.PartiestothiscontractthataresubjecttotheprovisionsofSection3tothemaximumextentfeasible,butnotinderogationofcompliancewithsection7(b).
8.ThepartiesfurthercertifythatthepersonsexecutingthisAgreementhavetheauthoritytobindthepartiesfothisAgreement.
INWITNESSTHEREOF,theundersignedpartiesexecutethisAgreement,intendingto
bebound,this___23__dayofSeptember ,2024__inWashington,D.C.
CONTRACTOR: Hawk’sLawn Care,LLC
By: ___DevinHawkins(name) Owner
(title)

DISTRICTOF COLUMBIA HOUSING AUTHORITY
By: CherylMooreContractingOfficer
DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 30 of 31

ATTACHMENT F – HUD GENERAL CONDITIONS FOR CONTRACT

GeneralConditionsforNon-Construction
Contracts
Section |— (With or without Maintenance Work}
U.S.DepartmentofHousingandUrbanDevelopmentOfficeofPublicandindianHousingOffigeafLaborRelationsLOMBApprovalNo,2577-0187(exp.4131/2027)ateReybeRenfalcon ofiermaoncratedanerwgroneHowptexpansealana‘hehea renleinginebvclos,easing“rongdlaoutaangiraorirgieatenero.ana

Tuoat2¢'GFRFan7S.Taetornrequreneonabusioncenoncs‘nractcautesandalonePe enecetiHanoyernmOfiea.OeofPayBaveagmense
19 een thecofeconofiraonHUfaynetcand efarcarandaBeconcoroqetaeGane coke‘armaussdspiagswittyvalidOksuber‘TearmMateshaacauoestovstedOyOU oe eaendthoseruremenisset rtmSaeton'\yeHos aneUbanGevaertAf BEvaIsemenomeerordereee tespocurerenttvplometiaalUDInSCF20‘nMGory DaveloiteachatTR gleanedby

eyPucrisingAgere(PHAsyTheims sedbyPHAGnests pve eaeGoramarisrepera Secaracyoffisbenasinanaanyaeqseaioneorraseens
urndabsrtheRotseekEE DeparmentofHowsngandLibanDrarloement,4stthSS.Roath£176WshnglonOOla eebw caren.pleaseeeteOMBApproveNa2577-157BoalvendecompteedfrtoetherefhaseaateneaeeThefrmabencaecieksolltemelooeeaten
Applicabliity.ThisformHUD-5370-Chas2Sections.ThaseSectionsmustbeinsertedIntonon-constructioncontractsasdescribedbelow:
1)Nonconstructioncontractsfivithautmaintenance)greaterthan$250,000-useSection|;2)Maintenancecontracts(includingnonroutinemaintenanceasdefinedat24CFR905.100}graaterthan$2,000butnotmorethan$250,000-usaSeetlonIl;and2)Maintanancecontracts(includingnenravtinemaintenance).greaterthan$250,000— useSections[andI
Soction!-ClausesforAllNon-ConstructionContractsgreatorthan$250,000
1.Dofritions
Thefollowingdefinitionsaraapplicabletothiscontract(2)“AuthorityorHousingAuthority(HA)"means,thaHousingAuthacity
(©)"Contract"meansthecontractenleredintobetweenthe‘AuthontyandtheContractorItincludesthecontractformtheCertficationsandRepresentations,thesecontractclauses,andtheacopeofwork,ItincludesalformalChangestoanyofthosedacumentsbyaddendum.ChangeOrder.orothermoctfcation"Contractor"meansthepersonorofheranttyenteringInfothecontractwiththeAuthomtytoparfasmalfoftheworktequitedunderthecontract(a)*Day’meanscalendardays,unlessotherwisestated(e)"HUD"meanstheSecretaryofHousingandUrbandavelopmenthisdelegates,successors,andassignsandtheofficersandemployeesofteUnitedStates,DepartmentofHousingandUrbanDevelopmentactingforandonbehalfoftheSecretary

‘
2.Changes
(@)TheHAmayatanytims,bywritenarder,andwithoutNoticetotha sureties,any,makechangaswithinthegeneralscopeofthiscontractintheserviogstoHeperformedarsuppliestobedelivered4b)Ifanysuchchangecausesanincreaseofdecreaseinthehnouryyrate,thenotto-exceedamountofthecontract,orthe‘imerequiredforperformanceofanypartafthewerkunder‘hiscontract,whatherornofchangedbytheardar,oFotherwiseaffactstheconditionsafthiscontract,theHAshellmakeanequitableadjustmentinthenotta-exceedamount,thehourlyratetedalleryschedule,orotheraffectedterms,andshallmodifythecontractaccordnaly‘TheContractormustassertisrighttaanequitable‘adjustmentunderthisclausewithin30daysfromthedatecfreceiptofthewritenorder,However,iftheHAdecidesthatthefactsjustify&,theHAmayreceiveandactupona

«
Section| Pageof

proposalsubmittedbatorafinalpaymentofthecontract.0)FailuretoagrestoanyadjustmentshallbeadisputeundarGlauseDisputes,herein.However,nathinginthisclauseshallexcusetheContractorfrompraceedingwh thecontractaschanged(@}Noservicesforwhichanadeitionalcostotfoewilbe‘chargedbytheContractorshallbefurnishedwithoutthepriorwritenconsentoftheHa,
TerminationforConvenienceandDefault
(@)TheHAmayterminatethiscontractinwhole,orfromtitetotimeinpar,fortheHA'sconvenienceofthefailureofthe‘Contractortefullthecontractobligations(defaut).TheHA,shalltarminatebydeliveringtotheCantractorawrittenNoticeofTerminationspecifyingthenature,extent,andaffectivedateofthetermination.Upanreceiptofthenotice,‘theContractorshall()immediatelydiscontinueallservicesaffected{unlessthenoticadeetsatheruise}:and(idelivertathaHAallinformation,reports.papers.andother‘materialsaccumulatedorgeneratedinparformingthisContract,whathercompletedorinprocess.(IftheterminationisfartheconveniencaaftheHA,theHA.ShallbefableonlyfornaymentforsarvicesrendaredbeforetheeffectivedateoftheterminationIftheterminationisduetothefailureoftheContractortofulfilRsobjigationsunderthecantract(defaull).theHAmay(i)requiretheContractortodelivarto,inthemannerandtotheextantdirectedbytheHAanywarkasdeserioedin‘Subparagraph(a}{i)above,andcompensationbedeterminedinaccordancewiththeChangesclauseparagraph2,above,(i)takeovertheworkandprosecutethesametacompletionbycontractorotherwise,andthaContractorshalbelableforanyadionalonstincurredbytheHA(iwithholdanypaymentstotheContractor.fortheurgoseofoff-setorpartialpayment,asthecasemaybe.ofamountsowedtotheHabytheContractor(2)If,attrterminationforfailuretoTullcontractabligations{default},itisdeterminedthattheContractorhadnotfailedtheterminationshallbedeemedtohavebeeneffectedfortheconvenienceoftheHA,andtheContractorshallbeanhitedtopaymentasdescribedinparagraph(@)above,e)AnydisputeswithregardtothisclauseareexpresslymadeSubjecttotetermsofclausettledDispulesherein
ExaminatlonandRetontionofContractor'sRecords
(2)TheHa,HUD,orComptrollerGeneraloftheUnitedStates,oranyoftheirdulyauthorizedrepresentativesshalluntil3yearsafterfinalpaymentunderthiscontact,haveaccesstoandtherighttoexamineanyaftheContractorsdirectlyPertinentbooks,documents,papers,afatherrecords‘involvingtransactionsrelatedtothiscontractforthepurposeofmakingaudit.examinatian,excerpts,and{transcriptions
formHUD-8370-¢(0172014)

(b)TheContractoragreestolugeinfrstiersubcontracts‘underthiscontractaclausesubstantiallythasameasparagraph(a)above,“Subcontract,”asusedinthis‘clause,excludespurchaseordersnolexceeding$10,000,
(6)Theperiodsofaccessandexermnationinparagraphs:(a}and(o)aboveforracordsretatingto()appaatsundertheclausetiledDisputes:(i)ligationorsettlementofclaimsafsiagframtheperfomanceofthiscontract;or,(ii)costsandexpensesofthiscontracttawhichtheHA,HUD,orComptrollerGeneraloranyoftheidulyautharizedrepresentativeshastakenexceptianshallcontinuauntildispositionofsuchapnea's,Itigahon,claims,orexceptions
RightsinData(OwnershipandPropristaryInterest)
TheHAshallhaveexclusiveownershipof,alproprietaryinterestin,andthenghttofllandsxcluswepossessionofaitinformation,materialsanddocumentsdiscoveredorpraducedbyContractorpursuanttothetermsofisContract,eluding‘autnotlimitedtoreports.memorandaorlatersconcerningthe‘researchandreportingtasksofthisCentract.
EnergyEfficiency
Thecontractorshallcomplywithallmandatorystandardsand
policiesralatingtoenergyeficiencywhicharecantainedintheenergyconservationplanissuedincompliancewiththeEnergyPolicyandConservationAct(Pub.L.94-163)fartheStateinwhichthewoikunderthiscontractisparfarmed.
7.Disputes
(a)Alldisputesarisingunderorrelatingtohiscontractexcep!fordisoulesarisingunderclausescontainedinSection111,LaborStandardsProusians,includingany‘laimsfardamagesforthealegedbreachthereofwhicharenotdisposedofbyagreement,shallberesalvedunderthisclauseAllslamsbytheContractorshallbemadeinwringandsubmittedtotheHA,AclaimbytheHAagainsttheContractorshalftesubjectto@writendecisionbytheHA.‘TheHAshall,withreasonablepromotness,butinnoeventinnomorathan80days.renderadecisionconesminganyclaimhareunder,UniesstheContractorwithin30daysaflerreceiptaftheHA'sdec'sion,shallnaiftheMAinwrtngthatitakesexceptionteeuchdecision,thedecisionshallbefinalandconclesive.id)ProvidedthaContractorhas(i)giventhenoticewithinthefirmestatedinparagraph(¢)above,and(i)exceptedfsclaimrelatingtosuchdecisionfromthefinalrelease,and{ii}
broughtsuitagainstthaHAnotlaterthanoneyearafterreceiptofnalpayment.arIfalpaymenthasnetbaen‘madanotlaterthananeyearafterthaContractorhashada
reasonabletimetorespondtoawatlenrequestbytheHA
fhatitsubmitafinalvoucherandrefease,whicheveriseerler,thantheHA’sdecisionshallnot2afinalor‘eanclusiva,butthedisputeshallbedetermmedontheefitsby@courtofcompetentjurisdiction(e)TheContractorshallproceeddligentlywithperfomanceofthisconttaetpendingfinalresoluonofanyrequestfor‘eliaf,claim.appeal,aractionarisingunderthecontract,‘andcomplywitharydecisionoftheHA

0

ContractTermination;Debarment
A.breachoftheseContractclausesmaybegroundsforterminationaftheContractandfordebarmentordenialafparticipationinHUDprogramsasaGantractorandasubcontractorasprovidedin24CFRPart24
AssignmantofContract
‘TheContractorshallnatassignorWansforanyinterestinthis‘contract;exceptthatclaimsformoniesdusoftobecomedueframtheHAunderthecontractmaybeassignedtoabark.trustcompany,orofnerfinanealinstitution.IftheContractorisapartnership,thiscantractshallinurelothebenefitofthesurvivingorremainingmember(s)ofsuchpartnershipapprovedbytheHA.
10,CertificataandRelease
Prortofinalpaymentunderthiscontract,o¢pnortosetlamentupanterminationofthiscontract,andas2conditionprecadentthereto,theContractorshallexecuteanddlelvertotheHAacertificateandrelease,inaformaccentabletetheHA,afalclaimsagainstheHAbytheContractorunderandbyvirtueofthiscontract,otherthansuchclaims,fany,asmaybespeciallyexozptedbytheContractorinstatedamountssetforththerein
11.OrganizationalConflictsofInterest
(2)TheContractorwarrantsthattothebestofisknowledgeandbeliefandexceptasotherwisedisclosed,itdoesnothhaveanyorganizationalconfictofmerestwhichdefined88@situatianinwhichthenatureofworkunderthiscantractandacontractorsorganvational,fancial‘contractualorotherintarastsaresuchthat(i)Awardofthecontractmayresultinanunfaircompeltiveadvantazeor()TheContractorsobjectivityinperformingthecontractworkmaybeimpaired{b)TheContactaragreesthalafterawarditdiscoversanorganizationalcanfictofinterestwithespacttothis‘contactaranytaskidelveryordarunderthecontract,heorsheshallmakeanimmediateandfulldisclosureinwritingtotheContractingOfficerwhichshallincludeadescriptionoftheactionwhichtheGontractorhastakenorintendstotaketoeliminateorneutralizetheconflict.TheHAmay.however.terminatethecontractoflaskidaliveryorderForthecanvenienceoftheHAifitwouldbeinthebestinterestoftheHA{c)IntheaventtheContractorwasawareofanorganizationalconfitofinterestbeforetheawardofth'scontractandintentionallydidnotdisclosetheconficttotheContractingOfficer,theHAmayterminatethecontractfordefaut(a)ThetermsofthisclauseshaltbeincludedallsubcontractsandconsulingagreemantswhereinthesuotktoDeperformedissirnlartoteserviceprovidedbythepprmeContractor.TheContractershallincludeinsuchsubeantracteandconsultingagreementsanynecessaryprovisionstoeliminateoFneutializeconflictsofmtevest

12,InspectionandAcceptance
(a)TheHA astherighttoevlew,requireconectionnecessary,andacceptteworkproductsproducedbytheContractorSucnreview(s)shallbecartedoutwithin30days8028fonatmpedatheworkoftheContractorAny

Section|-Page2of7 formHUD-5370-C(01/2114)

1B.
414,
6
productofworkshailbedaemedacceptedassubmitedittheHAdoesnotissuewritencommentsand/orrequiredCorrectionswithin30daysframthedateofreceiptofSuchproductfromtheContractor(©)TheContractorshallmakeanyrequiredcorrectionsBromplyatoadionalchargeandreturnarevisedcopyOftheproducttotheHAwithin7daysofnotticattonar(aterdateifextendedbytheHA(6)FailucebytheContractort proceedwithreasonableprompingsstomakenecessarycorrectionsshallbedefaultItheContractor'ssubmissionofcomeetedworkremainsunacceptable,theHAmaytermmatathiscontract{orthetaskordernvoived)orreducethecontractpriceorCosttofeflactthereducedvalueofservicgsrecsived
InterestofMembersofCongress
NomemberofofdefegatetotheCongressoftheUnitedStatesofAmenceorResidentCommissionershalbeadmittedfoanyshareorpartofthiscontractortoanybenefittoaisethere‘rom,butthisprovisionshallnotbecanstruedtoextendtathis‘contractifmadewith@camporstionfortsgeneralbene
interestofMembers,Officers,arEmployeesandFormerMembers,Officers,orEmployees
"Nomember,oficer,oremplayaeaftheHA,riomernberofthegoverningbodyofthelocalityinwhichtheprojects sisted.no‘memberofthegoverningbodyinwhichtheHAwasactivatedandnootherpubicoffciaofsuchjocaltyorlocaleswha‘exercisesanyfunctionsoreesponsitiltieswithrespecttothebrojgctshallduringhisorhertenure,orfaroneyearthereafter,haveanyinterest,directarinirect,inthuscantractortheproceedsthereat
LimitationonPaymentstoInfluanceCertainFodera!Transactions
(@)Defintions.Asusedinthisclause:‘Agency”,a8detinedin5U.S.C.5562/1),inchudesFederalexecutivedepartmentsandagenciesaswellasindependestregulaiorycommissionsandGovernmentcomorations,osdefinedin34USC.9101(3)‘CaveredFederalAction”meansanyofthefollowingFederalactionsi) TheawardingofanyFederalcontac(iy)ThemakingofanyFaderalgrant‘ti)ThemakingofanyFederallean,(0)Theenteringintoofanycooperaiveagreement,and,() Theextension,continustion.renewal,amendmentfFmodificationofanyFederalcontract,grant,loan,‘oFcooperativaagreementCoveredFederalactiondoesnotincluderecercingfroman‘agancyacommitmentprovidingfortheUnitedStstestainsure‘orguaranteeaJoan“indiantribe”and“vibalorganization’havethemeaningprovidedinseefion4oftheIndianSelf-DetemmnationandEducationAssistanceAct(25U.S.C.450B).AlaskanNativesareinclidedunderthedefritionsofIndianibesinthatAct"influencingorettemptingtoinfluence”meansmaking,withfheinfenttoinfluence,anycommunicationtoarappearancebeforeanofficeroremployeeofanyagency.aMemberofCongress,atofficeroremployeeofCongress,aranemployesofaMeminerofCongressn connectionwitharycovereaFederalaction

‘Localgovernment”meansaunitofgovemmentinaStateand.fchartered,estabishes.orotherwiserecognizedby@Statefortheperformanceofagovemmentalduty,includingafocalpublicauthority.aspecialdrstrict,aninvastatedistrictacounciofgovernments.asponsorgroup‘presentativeorganization,andanyotherinstrumentalityofalocalgovemment“Officerorempioyeeofanagency’includesthefolfowingindividualswhoeraemployedbyanagency(i)Anindividualwhoisappointedtoapositoninthe‘Governmentundertle5.US.C.,includingaRasitionunderatemporaryappointment(i)Amemberoftheuniformedservicesa5dafinedinsection202,tite18,USC.(ii)A specialGovermentemployeeasdefinedin‘section202,tle18.U.S.C,and,(iv)AnindividualwhoisamemberofaFederaladvisorycommittes,asdefinedbythaFederalAdvisoryCommittaeAct,tite5,appendix2“Person”meansanindivdual,corperation,company,‘esociafion,authority,frm,partnership,saciaty,State,andlocalgovernment.reganiiessofwhethersuchentityisoperatedforrofitornotforprofitThistermaxeludesanIndiantbe,tieghorganization,orotherindianorganizationwithrespectfoexpendituresspeaiicalypermedbyaiherFederlonTRecipentinciudesallcantractors,subcontractorsatanyfier,andsubgranteesatanyteroftherecipientofundsreschedinconnectionwithaFedarslcontrac,grant,loan,oreagperativeagteamentThetemexcludesaninaisntribe,balorganization,fFaayotherIndianorgarizationwithrespectto‘expendituresspacitcallypermitedbyotherFederaliam,“Ragutarlyemployedmeans,withrespecttoanofficeroremployeeofapersonrequestingorrecenanyaRederalcontract,grant,foan,orcooperativeagreement,anoffcerorertployeewhaisemployedbysuchpersonforatleaet140,‘workingdayswithinoneyearimmediatelyprecedingthevaleofthesubmissianthetinitiatesagencyconsiderationofsuchersenforreceiptofsuchcontac,grantloanorcooperativeagreementAncificeraremployeswhoisemployedbysuch‘personforlessthan130workingdayswithinoneyearimmediatelyprecedingthedateofsubmissionthatnitiates‘agencyconsiderationofsuchparsonshallbeconsideredfabe‘egularlyemployedassoonashearsheisemployedbysuchpersonfor130workingdaysState”meansaStateoftheUnitedStatss,theDistrictofColumbia,theGommanweaithofPuertaRico.atemilaryorPossessionofthaUnitedSiates,anagencyorisirumentaltyfa State,andarmuti-Stateregional,oriteraiatsentlyhavinggovernmentaldutiesandpowers(©)Prohibition(G)_Section1382oftite31,U.S.CprovidesinpartmatnoBnpropriatadfundsmaybeexpendedbythemeipient‘ofaFederalcontractgrant.loan.orcooperativeSareementtopayanyparsonfr nfluencingorattemptingtoinfluenceanofceroramipiayeeafanyagency,aMemberofCongress,anoffercremloyenofCongress.oranemployeeof@MamberofGongracsinconnectionwithanyofthefolowingcoveredFederal‘actions:theawardingofanyFedera!contract,themakingofanyFederatgrant,themakingofanyFederafloan,theenteringintoofanycooperabveagreement,andtheextension,Continuation,renewal,amendment,ormodificationotanyFederalcontract,grant,lean.orcooperativeagreement.(2)Theprohiaitiondoasnatapplyasfollows
SectionI-Page3af7 formHUD-8370-C(012074)

(1)Agencyandlegislatelzisonby
‘QuinEmployees,a]Theprohibitionontheuseofappropriated
funds,Inparagraph(i)ofthissection,doesnat
‘applyinthacaseafapaymentofreasonable
‘compensationmadefoanofficerorernpioyeeof
2persanrequestingorfecaiving@Federal
ccontracé,grant,loan,orcooperativeagreament,
ifthepaymentsforagencyandlegislative
‘activitiesnotdirectlyrelatedfoacovered
Federalaction{8}Forpurposesofpaagraphby(1}a)of
tinsclause,providinganyinformationspectically
requestedbyanagencyorCangressispermitted
atanytime{@]Thefollowingagancyandlegisiatweliaison
avtiviiesarepermittedatanytimeonlywhere
thayarenotrelatedtoaspecifsolicitationfor
‘anycoveredFederalaction:(1}Discussingwithanagency
includingindividualdemonstratons)thequaitves
‘andcharacteristicsofheperson'sproductsoF
Servieesconditionsorfermsofsala,andservice
capabilites.and,(2)Technicaldiscussionsandother
achvitiesregardingtheapplicationar
Adaptationoftheperson'sproductsorservices
foranagency'suse.i)TheFollowingagencyandlegislativeliaison
otivitesarepermitedwherethayarepriorto
forma’solictationofanycoveredFederalaction
(1)Providinganyinfomatonnot
specificallyrequestedbutnecessaryfor2n
‘gencytomakeaninformeddecisionabout
initatanof@coveredFederalaction
(2)Technicaldisouesionsregardingthe
preparationofanunsolicitedproposalpriortots
officaleubmission.and{3}Capabilitypresentatonsbypersons
seekingawardsfromanagencypursuanttothe
provisionsaftheSrmallBusinessActas
SmendedbyPublicLaw95-507and
thersubsequentamendments,(@}Onlythoseactivtiesexpresslyauthorzad
bysubdwision(O}()(1)(@)ofthisclauseare
permittedunderthisclause
(2)Professionalandtechnicalservices
{a)Theprohibitionantneuseofappropriated
funds.insubparagraph(bi)ofthis
clause,daesnatapplymnthecaseof
(A paymentofreasonablecompensation
radetoanofficeroremployee:of@
personrequastingorreosiving&
CoveredFaderalactionoranextension.engnuation,renewal,amendment,oF
madifcationofacovetedFederalaction.
ifpaymantisforprofessionalor
techricalservesrendereddirectlyin
thepraparation,subrmissian,ot
negotiationafanybid.proposal,or
‘pplicationforthatFaderelactionorfor
reelingrequirementsimpasedbyoF
pursuanttolawag2conalonfo
FeosivingthatFederalaction
(i)Anyreasonablepaymenttoaperson‘otherthananaffzaroremployesofa
personrequestingorreceivinga
overedFederatactionoranextension,continuation,renewal,amendmant,of
‘modificationafacoveredFaderalachon
ifthepaymentisforprofessionalor
{echnicalserviogsrendereddirectlyin
thepreparation,submission,or
regoliationefanybid,proposal,or
‘zpplicationferthatFederalactionoffor
meetingrequirementsimposedbyor
pursuanttolawasaconditianfor
recaWvingthatFedaralaction.Persons
tharthantofficersoremployeesofa
petsanrequestingorceivinga
‘poveredFederalactioninclude
congultantsandtradeassociations
{b)Forpurposesofsubdivision(O}iK23aof
clause,“professionalandtechnicalservices”
shallbelimitedtoadvioeandanalysis
directlyapplyinganyprofesstonalor
technicaldiscipline.(@)RequirementsimposedbyoFpursuanttolaw
‘3sacondilionforreceivingacovered
Federalawardincludethoserequiradbytaw
ffregulation,orreasonablyexpectedtobe
requiredbylawofregulation,andanyother
requirementsintheactuelavarddocuments.{d)Onlythoseservicesexpresslyauthorized
bysubdwions(OMI)(2)aNNand(i)ofthis
sectionarepermitiadunderthisclause
(if)Sellingacttiasbyndenendentsales
representatives:{e)Theprohibitionantheuseofappropriatedfunds,ia
‘subpatag‘aph{0}afhsclause,daesnotanpytohe
{ollawingselingactivliesbeforeanagencybyindependent
golesrepresentatives,providedsuchactuatiasarepriorto
formalsolictatonbyanagencyandare specificallylimited
tothemeditsofthematter
(Discussingwithanagency(includingindividual
‘demonstvation)thequalitiesandcharacteristicsofthe
porson’sproductsa”services.conditionsortermsof
Sale.andservicecapabilitiesand
(iTechnicaldiscussionsandotheractivitiesregarding
theapplicationoradaptationofthepersan's
productsorservicesforanagency'sUse
1)Agraement.Inacceptinganycontract,grant,cooperative
‘agresment,orloanresultingfomthissolestaion,the
parsonaubmitingtheofferagreesnetfomakeany
paymentprohibitedbythisclause.
fe)PenaltiesAnypersonwhomakesanexpenditule
prohibitedundarparagraph(b)afthisclauseshallbe
Cubjecttocivilpenaltiesasprowdedforby34U.SC
4382,Animpositionofacivilpanaltydoesnotprevent
theGavernmentfromseekinganyotherremadythatmay
beapplicable.(GestAlowabiity.NothingInthisclauseistobeinterpreted
tomakeallowableorreasonableanycostwhichwouldbe
UnallowableorunreasonableinaccordancawithPart31of
theFederalAcquisitionRegulation(FAR).orOMB
‘Circularsdealingwithcastalowabiltyforreapientsof
aesislanceagreements.Conversely,costsmade
Specificallyunallowablebytherequrementsithisclause
‘willnatbemadeallowableunderanyoftheprowsionsof
FARPatt31ortherelevantOMBCirculars

Section1-Page4of7 formHUD-8370-6(01/2014)

16.EqualEmploymentOpportunity
Duringtheperformanceofthiscontract,theContractar!Selleragreesasfollows:(2)The[contractorisellerwilnotdesriminateagainstanyemplo¥y8eorapplicantforemploymentbecauseofrace,calorreligon,sex,‘Sexualorientation,genderidentity,disabilty,ornationalorigin.TheIcontractor/salle|wiltakeaffirmativeactionfoensurethatappcantareempioyed,andthatemployeesaretreatedduringemploytent,withoutregardtotheirrave,colorreligion,sex,sexvalorientatian,genderidentity.disability,ornationalorigin.Suchactionshatinlute,butnotbeitedtathefolowing:Employment,upgrading,demotion,a vanster,recruitmentofrecruitnentadvertising:fayeoF{erminatian;ratesofpayorotherformsofcompensation,andseleq.tionfoftraining,includingapprenticeship.The[eontractovseler]<8greestopostnconspicuousplaces,avaiabletoemployeesend‘nplcantsforemplayment,noticestobeprovidedbythecontractingOoffoarsettingforththeprovisionsafthisnondiscriminationclause(b)The(contractarisclia]wil,inalsaicitationsoredvertisementsforemployeesplacadbyoronbehalfofthe{contractorfseller,statethatallquatitedapplicantswilreceiveCansicerationforemplaymentwitoutregardtorace.colorreligion.Sex,sexualorientation,genderidentity.disabilly.arnationaorigin,(ciThe(cantractoriseter]wilnotdisehargeorinanyofferman-‘erdiscriminateagainstanyemployeeorapplicantfaremplaymentbecausestotemployeeorapplicanthasinquiredabaut.discussed,ordisclosedthecompensationoftheemplayeearapplicantoranotheremployesoFapplicant.ThisprovisionshailnoteppiytainstanceSinwhichanemployeewhohasaccesstothecompensationinformationofatheremployeesorapplicantsasaparofsuchemployes'sessentialjofunctionsdisclosesthecompensationofsuchotheremPloyeesorapplicantstoindividualswhedonetotherwisehavegenes.510Suchinformation,unlesssuchdisclosureisinresponsetoaformalcomplaintorcharge.infurtheranceofaninvestigation,proceeding,hearing,oracon,weludinganmivestigationconcuctedtytheemplaYer,orisConsistentwiththe[convactariseller|'slegaldutytafurnishInformation,{4)The(cantactorseterwilsendtoeachlaborunionorrepresentaiveofworkerswihwhichthasacollctvebargainmgagreementorotherContraatorunderstanding,anoticetobaprowcedbytheagenycontractingoffer,advisingthefaborunionoFworkers’representativeofMe(contractoriseler'scommitmentsundersection202ofExecuiveOrder111248ofSeptember24,1965,andshaipastcopiesofhenaticeinconsPicuusplacesavatableiemployeesandapplicantsfaremployment(e}The[contractorsalerwillcomplywitallprovisionsoFExecutiveOrder11245ofSeptamber24,1965,andaftherus.‘regulations,andretevantordersoftheSecretaryofLater.AiThe[contractor'sele]willfumishalinformationandreports1QuiredbyExecutweOrder11246ofSeptember24,1265.andbytherules,regulafions,andordersoftheSecretaryofLabor.orpursuantthereto,andwillpermitaecesstohisbooks,records,andccountsbythecontractingagencyandthsSecretaryofLaberforpurposesofinvestigationtoascertaincompliancewithsuchrules,ragulationsandorders,(aintheeventofthe[contractor’selor?’snan-compltancewiththenondiscrimmationclausesofthiscontractorwithanyofsuchrule8.regulations,oForders.thiscontractmaybecanceled,terminatedoF‘Suspendedinwholeorinpartandtha[cantractadsetla|maybedeciaredineligibleforfurtherGovernmentcontractsinaccordance:withproceduresauthonzedinExecutiveOrder11246ofSeptember24,1965,aidsuchothersanctionsmaybeimposedandremediesinYyokedasprovidedinExecutiveOrder11246afSeptember24,1985,DrbyAule,regulation.ororderoftheSecralarycfLabor,orasotter,Wiseprovidedbyav

Section|-PageSaf7
(gllnthaeventofthe[contractow/sellr!'snon-compliancewiththeondiscriminationclausesofthiscantractorwithanyafsuchrules,regulations,arorders,thiscontractmaybecanceled,temninated¢ Suspendedinwhaleorinpartandthe[oonvracter/sele]maybeSeclaredineligibleortucherGovernmentcontractsinaoeondeneewithproceduresauthorizedinExecutiveOrder11246of‘September24.1986,andsuchoffersanctionsmaybeimposedandremediesinvakadasprovidedinExecutiveOrder11248of‘September24,4985.orbyrula,regulation,ororderoftha,‘SecretaryofLabor,orasotherwiseprovidedbylaw.(h)Thefeantractorseller)wilincludetheprovisionsofparagraphs(a)through(hpineverysubcontractorpurchaseorderUnloesexe'mptedbyrules,regufations,orordersoftheSecretaryofLaborissuedpursuanttosection204ofExecutiveOrdar11248ofSeplemaer24,1965,s0thatsuchprovisionswillbebindinguponeachsublcontractorisellr]orvendorThe[contrectorlesii]wit‘akasuchactionwithrespectiaanysubcontractorpurchaseordera5maybedirectedbytheSecrataryofLaborasameansoffnforcingsuchprovisionsincludingsanctionsfornoncomplianceProvided,however,thatinthaeventthe[contractarisear]becomesinvoNedin,orithreatenedwath,litgationwithasub-Contractororvendorasaresultofsuchdirection,the[contractor?seller]maycequasttheUnitedStatesfoenterintosuchligationtoprotecttheimerestsoftheUnitedStatas.17. EqualOpportunityforWorkerswithDisabilities1.The[oontractariseller]wllnotdiscrirunateagainstanyemployesorapplicantforemploymentbecauseofphysicalarmanta?bisabaityircegardtoanypositonforwhichtheemployeeerapplican{faremploymentssqualified.Thefcontractonselier|agreeslotateaffitmativeactiontoemployandadvanceinemploymentndiviguelswitdisabilities,andtotreatquatiiedindivicalswithoutdiscrimination1hebasisoftheirphysicalormentaldisabiyinallemploymentpraclicas.includingthefoltowing,ERecrultment,advertising,andjobappicatonprocedures,'i.Mining,upgrading,promation,awaddoftenure.demotiontransfer.layaf,termination,rightofreturnfromlayoffandrehinngli.Ratesofpayoranyotherformafcompensationandchangesincompensation:iv.dabassignments,jobclassifications,organizationalstructondescriptions,linesofprogression,andseruonitylistsv.Leavesofabsenos,sickleave,oranyotherleava,viFringebenefitsavailablebyvineofemployment,‘whetherornotadministeredbythefeoatractorsellerwiSelectionandfinancialsupportforHaining,inudiegapprenticeship,protessronalmeetings,canferences,andetherrelateal‘actives,andselectonforleavesofabsencetopursueraring,vilActivitessponsoredbythe[contractarselerIncludingsocialorrecreationalprograms:andixAnyofferterm,condition,orprivilegeofemployment

res,p
2The[eantractor/seltar]agreestocomplywiththerules.sequlations,andrelevantordersoftheSecrataryofLaborissuedpursuanttomeact
2.Intheeventofane[contractoriselter}noncompliancewiththerequirementsofthisclause,actonsfornoncompliancemaybetaken'naccordancewiththerutes,regulations,andrelevantordersofthe‘SecretaryofLaborissuedpursuanttothaact.
4-The{contractorfseller]agreestopostinconspicuousplaces.available19employeesandapplicantsfaremploymentnoticesina{formtobeprescribedbytheDirector,OfficeofFederalContractSempiiancePrograms,providedbyoFthraughthecontractingofficerSuchnoticesshallstatetherightsofapnicartsandemployeesas‘wella the[contractoriseller|'sobligationunderthelawtotakeaffirmativeactiontoemployandadvanceinemploymentqualifiedemployeesandapplicantswithdisabilities,
formHUD-5370-c(0172014)
The1feonirackorisetler]mustensurethalapplicantsoremployees
swithdisabltiasareprovidedthenoticainaformthatisaccessible
anprovingof
idunderstandable10theindividualapplicantoremployee(=.
thenotesatalowerheightforaasyviewingbyapersonusing&
wheslchair),Withreepectfoemployeeswhodonotworkata
physicalocationoftrefeoniractarfeeller|,a[contractoréseller]will
Satstyitspostingobligationsbypostingsuchnotices.inan
Blectonieformat,providedthatthe[contractorfselar]provides
Computers,oracc2ssfocomputers,thatcenaccesstheelectronic
poacelectronicallypostbeintpos20apeo
tngtosuchemployees,orthe[conlactoriselielhasactual
‘owledgethatsuchamployeesolherwiseareabletoaccessthe
postadin@conspicuouslocationandformatonthecompany's
aneorSentbyelectronicmailtoemployees.Anelectronic
stingmustbeusedbythe[contractor/selar]tonoliyjob
pcanofplicationprocessSuchelectronicapplicantnotiosmustbs
nspicvouslysoredwith,ora8parta theelactronicapplication
4§.The[contractor/selle]wilnotifyeachlabororganizationoF
representativeofworkarswithwhichithasacollectivebargaining
areementorothercontractunderstanding,thatthe[contractot!
Saterisboundbythetermsofsaction503oftheFtahabiitationAct
of1979,28amended,andiscommittedlotakeaffirmativeaction©
employandadvanceinemployment,andshailnotdiscriminate
‘againet,individualswithphysicalormentaldisabifties
6:The[contractarisellerwillIncludetheprovisionsofthisdlause9
‘everysubcontractarpurchaseardeyinexcessof$10.000,unfess
exemptedbyfherules,regulations,arordersaftheSecretary
ubepursuanttosectionSDoftheact,asamended,sothat
‘suchprovisionswillbebindinguponeachauecantractororvendo:
ThefecontrzchorwiltakeSucpurchaseorderestheDirector,OffoeofFedaralContract
ComplianceProgramsmaydirecttaenforcesuchprovisions
includingaetionfornoncampliance
7.The[contractorsellar]must,inallsolicitationsoradvarisemnents
torthalallqualifiedapplicantswallrece‘employeesplaoedbyoronbehalfofthe[contractorésaler,state
andwillnotbedlscriminatadagainstonthebasisofdisability
8,
cy
20.
DisseminationorDisclosureofInformation
Noinformationormaterialshallbedisseminatedordisclosed
fothegeneralpublic,tenewsmedia,afanypersonof
‘organizationwithoutpriorexpresswitenapprovalbytheHA.
Contractor'sStatus
itisunderstoodthattheContractorisanindependantcontractor
andisnotfabeconsidaredanemployeeoftheHAofassume
“nytight,privilegeoFdutiesofanemployee.andshallsave
armlesstheHAandisemplayeesfromclaimssuts,acvions
ndcostsofeverydescriptionresultingfromtheContractor's
ativtiesonbehalloftheHAjnconnactionwihthisAgreement
OtherContractors
HAmayundertakeorawardothercontractsforaduitionalwork
atornaarthesite(s)oftheworkunderthiscontract.The
‘ontraetorshallfullycooperatewiththeothercontractorsend
‘uthHAandHUDemptoyeesandshallceratulyadapt
‘schedulinganéparformingtheworkundsrthiscontractto
Sccommodatetheadditonalwork,heediaganysirectionthat
raybeprovidedbytheContractingOfficerThecontractor
‘halnotcommitofpermitanyactthatwillmlerterewiththe
parformanceofworkByanyoinercontractorarHAemployee
Section|-Page6of7
‘Balorlargaprintversionsofthenotice.orpostingaCopy
tednotices,Electronicnaticesforemployeesmust
ftheirghiaFthe[contractor/seleruilzesanalectronic
actionwithrespecttezysubcontract
‘consideratianforemploymnant
24, Liens,
“TheContractorisprohibitedfromplacingalienonHA'S
property,Thisprohiotionshallapplytoalsuboontractor.
22, TrainingandEmploymentOpportunitiesfor
ResidentsintheProjectArea(Section3,HUDActof
1988,24CFR135)

(a).Theworktobeperformedundarthiscontractissuiyect:0
therequirementsofsection3oftheHousingandUrban
DevelopmentActof1988,asamended.12US.G17010
(section3).Thepurposeofsection3istoensurethat
‘employmentandothereconamicopportunitiesgenerated
byHUDassistanceorHUD-assistedprojectscoveredby
seclion3,shall.tothegreatestexten!feasible,bedirected
folow-andvarylovr-ineameparsons,
particularlypersonswhoarerecipientsof
HUDassistanceforhousing
(b)Thepares(othiscontractagreetocomplywithHUD's
regulationsin24CFRPart76,whichimplementsection2.
‘ASevidencedbytheirexecutionofthiscontract,the
partestothiscontractcerifythattheyareunderno
Contractualoratherimpedimentthatwouldpreventthem
fromcomplyingwiththePart75regulations.
{fo}Thecontractaragreestosendtoeachlabororgenization
orrepresentabveofworkerswithwhichthecontractorhas
collectivebargainingagreementorotherunderstanding,
ifany.anoticeadvisinginelabororganwzationorworkers
representativaofthecontractor'scomwnitmentsunderthis
‘section3clause.andwillpestcoptesofienoticein
Consprauusplacesattheworksitewharebothemployees
‘andapplicantsfortainingandemplaymentpositianscan
Seethenotice.Thenoticeshalldescribethesection
priorvzationrequirements,andshallstavetheminimum
accentagesoflaborhourrequirementsestablishedinthe
BenchmarkNotice(FR-6085-N-02},
(@)Thecantractoragreestoincludethissection3clausein
everysubcontractsubject9compliancewithregulationsir
24CFRPart75,andagreestotakeappropriateaction.25
‘providedinanapplicableprovisionafthesubeontractorin
{higsection2clause,vpanafindingthatthesubcontractor
iginviolatonoftheregulationsin24CFRPart78.The
‘conlractorwillnotsuacantractwithanysubcontractor
tihetethecontractorhasnoticeorknowledgethatthe
Subcontractorhasbeersfoundinsiolationofthereguiations
in24CFRPart75.{e)NoncompliancewithHUD'sregulationsin24GFRPart75
‘mayresultinsanctions,terminationofthiscontractfor
Sefaul,anddebarmantorsuspensionframfutureHUD
assistedcontracts(Contracts,subcontracts,grants.arsubograntssubjectto
Section7(b}oftheIndianSelf-Determinationand
EaveationAssistanceAct(25US.C.53070)arsubjectto
tribalprefarencerequirementsasauthorizedunder101(k)
bftheNativeAmericanHousingAssistanceandSelf-
DeterminationAct(25U.S.C411i{k))mustprovide
preferencesinemployment,training,andbusiness.
DpportunitiestoIndiansane!Indianorganizations,andare
thereforenotsubjecttotherequifementsof24CFRPart
6

23.ProcurementofRacoveredMateria's,
a) InaccordancewithSection6002oftheSolidWaste
DisposalAct.28amendedbytheResource
ConservationandRecoveryAcl,theContractorshall
procuretemsdesignatedinguidelinesofthe
EnvronmentalProtectionAgency(EPA)at40OFRPart
‘247thatcontainthehighestpercentageofrecovered
fotenHUD-5370-C(01/2014)
materialspracticableconsistentwithmaintainingasatisfactoryfevelofcompetition.TheContractorshallProcureitemsdesignatediatheEPAguidelinesthatcantainthehighestpercentageofrecoveredmaterialspracticebleuniesstheContractordeterminesthatsuchitems,(1)arenotreasonablyavailableinareasonable,Periodofime:(2)failtomeetreasonableperformance:Standards,whichshalbedeterminedonthebasisofthe‘uidalinesoftheNationalInstituteofStandadsandTechnology,ifapplicabietotheitam,or(3)ateonlyavaiableatanunreasonableprice(B}Paragraph(a)ofthisclauseshaltapplytoitemspurchasedunderthiscontractwhere:(1)theContactorpurchasesinexcessaf$10,000oftheitemunderthiseantract,or(2)duringtheprecedingFederalfiscalyear.thaContractor:()aurchasod‘anyamountatheitemsforuseunderacontractthatwas,fundedwithFederalappropriationsandwaswithaFederal‘agencyoraStateagencyorageneyofapoliticalaupdiviconof«State:and(ijpurchasedatotalofinexcessof$10.000oftheitembothunderandoutsidethatcontract

Section|-Page7of7 formHUD-5370-c(01/2014)
DCHA 0032-2024 Grounds Maintenance and Landscaping Services Page 31 of 31

ATTACHMENT G – WAGE DETERMINATION

"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON D.C. 20210
|
|
|
| Wage Determination No.: 2015-4281
Daniel W. Simms Division of | Revision No.: 28
Director Wage Determinations| Date Of Last Revision: 12/26/2023
_______________________________________|____________________________________________

Note: Contracts subject to the Service Contract Act are generally required to
pay at least the applicable minimum wage rate required under Executive Order
14026 or Executive Order 13658.

_____________________________________________________________________________________
|If the contract is entered into on or |Executive Order 14026 generally applies to |
|after January 30, 2022, or the |the contract. |
|contract is renewed or extended (e.g., |The contractor must pay all covered workers |
|an option is exercised) on or after |at least $17.20 per hour (or the applicable |
|January 30, 2022: |wage rate listed on this wage determination,|
| |if it is higher) for all hours spent |
| |performing on the contract in 2024. |
________________________________________|____________________________________________
|If the contract was awarded on or |Executive Order 13658 generally applies to |
|between January 1, 2015 and January 29,|the contract. |
|2022, and the contract is not renewed |The contractor must pay all covered workers |
|or extended on or after January 30, |at least $12.90 per hour (or the applicable |
|2022: |wage rate listed on this wage determination,|
| |if it is higher) for all hours spent |
| |performing on the contract in 2024. |
_____________________________________________________________________________________

The applicable Executive Order minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections under the Executive Orders
is available at www.dol.gov/whd/govcontracts.
____________________________________________________________________________________
States: District of Columbia, Maryland, Virginia
Area: District of Columbia Statewide
Maryland Counties of Calvert, Charles, Prince George's
Virginia Counties of Alexandria, Arlington, Fairfax, Falls Church, Fauquier,
Loudoun, Manassas, Manassas Park, Prince William, Stafford
____________________________________________________________________________________
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations
01011 - Accounting Clerk I 19.72
01012 - Accounting Clerk II 22.15
01013 - Accounting Clerk III 24.77
01020 - Administrative Assistant 38.21
01035 - Court Reporter 28.71
01041 - Customer Service Representative I 16.73***
01042 - Customer Service Representative II 18.25
01043 - Customer Service Representative III 20.48
01051 - Data Entry Operator I 17.09***
01052 - Data Entry Operator II 18.65
01060 - Dispatcher, Motor Vehicle 23.66
01070 - Document Preparation Clerk 19.93
01090 - Duplicating Machine Operator 19.93
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01111 - General Clerk I 17.51
01112 - General Clerk II 19.12
01113 - General Clerk III 21.47
01120 - Housing Referral Assistant 26.03
01141 - Messenger Courier 19.79
01191 - Order Clerk I 17.71
01192 - Order Clerk II 19.32
01261 - Personnel Assistant (Employment) I 20.17
01262 - Personnel Assistant (Employment) II 22.56
01263 - Personnel Assistant (Employment) III 25.15
01270 - Production Control Clerk 26.81
01290 - Rental Clerk 19.99
01300 - Scheduler, Maintenance 20.87
01311 - Secretary I 20.87
01312 - Secretary II 23.35
01313 - Secretary III 26.03
01320 - Service Order Dispatcher 21.16
01410 - Supply Technician 38.21
01420 - Survey Worker 21.66
01460 - Switchboard Operator/Receptionist 17.45
01531 - Travel Clerk I 20.59
01532 - Travel Clerk II 22.45
01533 - Travel Clerk III 24.24
01611 - Word Processor I 18.62
01612 - Word Processor II 20.92
01613 - Word Processor III 23.39
05000 - Automotive Service Occupations
05005 - Automobile Body Repairer, Fiberglass 28.60
05010 - Automotive Electrician 26.35
05040 - Automotive Glass Installer 24.82
05070 - Automotive Worker 24.82
05110 - Mobile Equipment Servicer 21.35
05130 - Motor Equipment Metal Mechanic 27.74
05160 - Motor Equipment Metal Worker 24.82
05190 - Motor Vehicle Mechanic 27.74
05220 - Motor Vehicle Mechanic Helper 19.53
05250 - Motor Vehicle Upholstery Worker 23.17
05280 - Motor Vehicle Wrecker 24.82
05310 - Painter, Automotive 26.35
05340 - Radiator Repair Specialist 24.82
05370 - Tire Repairer 17.47
05400 - Transmission Repair Specialist 27.74
07000 - Food Preparation And Service Occupations
07010 - Baker 17.68
07041 - Cook I 18.44
07042 - Cook II 21.44
07070 - Dishwasher 16.05***
07130 - Food Service Worker 16.20***
07210 - Meat Cutter 21.58
07260 - Waiter/Waitress 15.53***
09000 - Furniture Maintenance And Repair Occupations
09010 - Electrostatic Spray Painter 25.01
09040 - Furniture Handler 14.06***
09080 - Furniture Refinisher 22.55
09090 - Furniture Refinisher Helper 16.71***
09110 - Furniture Repairer, Minor 19.82
09130 - Upholsterer 19.86
11000 - General Services And Support Occupations
11030 - Cleaner, Vehicles 15.75***
11060 - Elevator Operator 15.87***
11090 - Gardener 24.11
11122 - Housekeeping Aide 16.87***
11150 - Janitor 16.87***
11210 - Laborer, Grounds Maintenance 18.22
11240 - Maid or Houseman 16.04***
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11260 - Pruner 17.39
11270 - Tractor Operator 22.05
11330 - Trail Maintenance Worker 18.22
11360 - Window Cleaner 17.67
12000 - Health Occupations
12010 - Ambulance Driver 24.09
12011 - Breath Alcohol Technician 26.39
12012 - Certified Occupational Therapist Assistant 35.59
12015 - Certified Physical Therapist Assistant 33.02
12020 - Dental Assistant 23.78
12025 - Dental Hygienist 50.57
12030 - EKG Technician 39.45
12035 - Electroneurodiagnostic Technologist 39.45
12040 - Emergency Medical Technician 24.09
12071 - Licensed Practical Nurse I 23.60
12072 - Licensed Practical Nurse II 26.39
12073 - Licensed Practical Nurse III 29.42
12100 - Medical Assistant 20.85
12130 - Medical Laboratory Technician 30.04
12160 - Medical Record Clerk 23.61
12190 - Medical Record Technician 27.06
12195 - Medical Transcriptionist 20.72
12210 - Nuclear Medicine Technologist 43.80
12221 - Nursing Assistant I 14.54***
12222 - Nursing Assistant II 16.35***
12223 - Nursing Assistant III 17.84
12224 - Nursing Assistant IV 20.04
12235 - Optical Dispenser 25.02
12236 - Optical Technician 23.50
12250 - Pharmacy Technician 20.24
12280 - Phlebotomist 22.95
12305 - Radiologic Technologist 39.19
12311 - Registered Nurse I 30.40
12312 - Registered Nurse II 36.78
12313 - Registered Nurse II, Specialist 36.78
12314 - Registered Nurse III 44.14
12315 - Registered Nurse III, Anesthetist 44.14
12316 - Registered Nurse IV 52.91
12317 - Scheduler (Drug and Alcohol Testing) 32.71
12320 - Substance Abuse Treatment Counselor 28.96
13000 - Information And Arts Occupations
13011 - Exhibits Specialist I 24.30
13012 - Exhibits Specialist II 30.10
13013 - Exhibits Specialist III 36.82
13041 - Illustrator I 24.49
13042 - Illustrator II 30.33
13043 - Illustrator III 37.10
13047 - Librarian 42.46
13050 - Library Aide/Clerk 19.29
13054 - Library Information Technology Systems 38.33
Administrator
13058 - Library Technician 23.58
13061 - Media Specialist I 27.67
13062 - Media Specialist II 30.94
13063 - Media Specialist III 34.50
13071 - Photographer I 20.30
13072 - Photographer II 22.87
13073 - Photographer III 28.64
13074 - Photographer IV 34.67
13075 - Photographer V 41.62
13090 - Technical Order Library Clerk 24.23
13110 - Video Teleconference Technician 30.57
14000 - Information Technology Occupations
14041 - Computer Operator I 25.18
14042 - Computer Operator II 28.19
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14043 - Computer Operator III 31.42
14044 - Computer Operator IV 34.89
14045 - Computer Operator V 38.68
14071 - Computer Programmer I (see 1)
14072 - Computer Programmer II (see 1)
14073 - Computer Programmer III (see 1)
14074 - Computer Programmer IV (see 1)
14101 - Computer Systems Analyst I (see 1)
14102 - Computer Systems Analyst II (see 1)
14103 - Computer Systems Analyst III (see 1)
14150 - Peripheral Equipment Operator 25.18
14160 - Personal Computer Support Technician 34.89
14170 - System Support Specialist 40.07
15000 - Instructional Occupations
15010 - Aircrew Training Devices Instructor (Non-Rated) 38.18
15020 - Aircrew Training Devices Instructor (Rated) 46.20
15030 - Air Crew Training Devices Instructor (Pilot) 55.38
15050 - Computer Based Training Specialist / Instructor 38.18
15060 - Educational Technologist 46.20
15070 - Flight Instructor (Pilot) 55.38
15080 - Graphic Artist 38.26
15085 - Maintenance Test Pilot, Fixed, Jet/Prop 55.38
15086 - Maintenance Test Pilot, Rotary Wing 55.38
15088 - Non-Maintenance Test/Co-Pilot 55.38
15090 - Technical Instructor 32.11
15095 - Technical Instructor/Course Developer 39.27
15110 - Test Proctor 25.91
15120 - Tutor 25.91
16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations
16010 - Assembler 18.47
16030 - Counter Attendant 18.47
16040 - Dry Cleaner 21.11
16070 - Finisher, Flatwork, Machine 18.47
16090 - Presser, Hand 18.47
16110 - Presser, Machine, Drycleaning 18.47
16130 - Presser, Machine, Shirts 18.47
16160 - Presser, Machine, Wearing Apparel, Laundry 18.47
16190 - Sewing Machine Operator 21.99
16220 - Tailor 22.87
16250 - Washer, Machine 19.35
19000 - Machine Tool Operation And Repair Occupations
19010 - Machine-Tool Operator (Tool Room) 29.55
19040 - Tool And Die Maker 35.89
21000 - Materials Handling And Packing Occupations
21020 - Forklift Operator 22.38
21030 - Material Coordinator 26.81
21040 - Material Expediter 26.81
21050 - Material Handling Laborer 17.58
21071 - Order Filler 16.95***
21080 - Production Line Worker (Food Processing) 22.38
21110 - Shipping Packer 18.17
21130 - Shipping/Receiving Clerk 18.17
21140 - Store Worker I 17.59
21150 - Stock Clerk 21.28
21210 - Tools And Parts Attendant 22.38
21410 - Warehouse Specialist 22.38
23000 - Mechanics And Maintenance And Repair Occupations
23010 - Aerospace Structural Welder 41.02
23019 - Aircraft Logs and Records Technician 32.52
23021 - Aircraft Mechanic I 38.95
23022 - Aircraft Mechanic II 41.02
23023 - Aircraft Mechanic III 43.02
23040 - Aircraft Mechanic Helper 27.42
23050 - Aircraft, Painter 36.99
23060 - Aircraft Servicer 32.52
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23070 - Aircraft Survival Flight Equipment Technician 36.99
23080 - Aircraft Worker 34.84
23091 - Aircrew Life Support Equipment (ALSE) Mechanic 34.84
I
23092 - Aircrew Life Support Equipment (ALSE) Mechanic 38.95
II
23110 - Appliance Mechanic 22.98
23120 - Bicycle Repairer 17.98
23125 - Cable Splicer 37.49
23130 - Carpenter, Maintenance 27.50
23140 - Carpet Layer 22.54
23160 - Electrician, Maintenance 30.37
23181 - Electronics Technician Maintenance I 34.31
23182 - Electronics Technician Maintenance II 36.43
23183 - Electronics Technician Maintenance III 38.36
23260 - Fabric Worker 26.61
23290 - Fire Alarm System Mechanic 29.84
23310 - Fire Extinguisher Repairer 24.53
23311 - Fuel Distribution System Mechanic 37.07
23312 - Fuel Distribution System Operator 28.53
23370 - General Maintenance Worker 23.61
23380 - Ground Support Equipment Mechanic 38.95
23381 - Ground Support Equipment Servicer 32.52
23382 - Ground Support Equipment Worker 34.84
23391 - Gunsmith I 24.53
23392 - Gunsmith II 28.51
23393 - Gunsmith III 31.87
23410 - Heating, Ventilation And Air-Conditioning 30.17
Mechanic
23411 - Heating, Ventilation And Air Contidioning 31.78
Mechanic (Research Facility)
23430 - Heavy Equipment Mechanic 29.69
23440 - Heavy Equipment Operator 27.40
23460 - Instrument Mechanic 33.14
23465 - Laboratory/Shelter Mechanic 30.27
23470 - Laborer 17.83
23510 - Locksmith 32.72
23530 - Machinery Maintenance Mechanic 30.29
23550 - Machinist, Maintenance 31.20
23580 - Maintenance Trades Helper 18.27
23591 - Metrology Technician I 33.14
23592 - Metrology Technician II 34.91
23593 - Metrology Technician III 36.61
23640 - Millwright 29.89
23710 - Office Appliance Repairer 22.96
23760 - Painter, Maintenance 22.76
23790 - Pipefitter, Maintenance 31.30
23810 - Plumber, Maintenance 29.73
23820 - Pneudraulic Systems Mechanic 31.87
23850 - Rigger 34.16
23870 - Scale Mechanic 28.51
23890 - Sheet-Metal Worker, Maintenance 29.06
23910 - Small Engine Mechanic 23.01
23931 - Telecommunications Mechanic I 37.06
23932 - Telecommunications Mechanic II 39.03
23950 - Telephone Lineman 39.78
23960 - Welder, Combination, Maintenance 27.58
23965 - Well Driller 28.79
23970 - Woodcraft Worker 31.87
23980 - Woodworker 24.53
24000 - Personal Needs Occupations
24550 - Case Manager 20.75
24570 - Child Care Attendant 16.47***
24580 - Child Care Center Clerk 20.53
24610 - Chore Aide 15.60***
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24620 - Family Readiness And Support Services 20.75
Coordinator
24630 - Homemaker 20.75
25000 - Plant And System Operations Occupations
25010 - Boiler Tender 38.36
25040 - Sewage Plant Operator 28.60
25070 - Stationary Engineer 38.36
25190 - Ventilation Equipment Tender 27.00
25210 - Water Treatment Plant Operator 28.60
27000 - Protective Service Occupations
27004 - Alarm Monitor 24.90
27007 - Baggage Inspector 19.39
27008 - Corrections Officer 29.35
27010 - Court Security Officer 30.66
27030 - Detection Dog Handler 21.69
27040 - Detention Officer 29.35
27070 - Firefighter 31.96
27101 - Guard I 19.39
27102 - Guard II 21.69
27131 - Police Officer I 33.25
27132 - Police Officer II 36.96
28000 - Recreation Occupations
28041 - Carnival Equipment Operator 18.60
28042 - Carnival Equipment Repairer 20.33
28043 - Carnival Worker 14.23***
28210 - Gate Attendant/Gate Tender 19.88
28310 - Lifeguard 13.98***
28350 - Park Attendant (Aide) 22.24
28510 - Recreation Aide/Health Facility Attendant 16.24***
28515 - Recreation Specialist 27.56
28630 - Sports Official 17.71
28690 - Swimming Pool Operator 23.63
29000 - Stevedoring/Longshoremen Occupational Services
29010 - Blocker And Bracer 35.06
29020 - Hatch Tender 35.06
29030 - Line Handler 35.06
29041 - Stevedore I 32.73
29042 - Stevedore II 37.23
30000 - Technical Occupations
30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 48.97
30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 33.77
30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 37.19
30021 - Archeological Technician I 20.86
30022 - Archeological Technician II 23.34
30023 - Archeological Technician III 28.90
30030 - Cartographic Technician 28.90
30040 - Civil Engineering Technician 34.36
30051 - Cryogenic Technician I 32.01
30052 - Cryogenic Technician II 35.36
30061 - Drafter/CAD Operator I 20.86
30062 - Drafter/CAD Operator II 23.34
30063 - Drafter/CAD Operator III 26.01
30064 - Drafter/CAD Operator IV 32.01
30081 - Engineering Technician I 22.92
30082 - Engineering Technician II 25.72
30083 - Engineering Technician III 28.79
30084 - Engineering Technician IV 35.64
30085 - Engineering Technician V 43.61
30086 - Engineering Technician VI 52.76
30090 - Environmental Technician 28.90
30095 - Evidence Control Specialist 28.90
30210 - Laboratory Technician 28.21
30221 - Latent Fingerprint Technician I 37.63
30222 - Latent Fingerprint Technician II 41.56
30240 - Mathematical Technician 35.01
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30361 - Paralegal/Legal Assistant I 24.57
30362 - Paralegal/Legal Assistant II 30.45
30363 - Paralegal/Legal Assistant III 37.23
30364 - Paralegal/Legal Assistant IV 45.04
30375 - Petroleum Supply Specialist 35.36
30390 - Photo-Optics Technician 28.90
30395 - Radiation Control Technician 35.36
30461 - Technical Writer I 31.20
30462 - Technical Writer II 38.15
30463 - Technical Writer III 46.16
30491 - Unexploded Ordnance (UXO) Technician I 31.12
30492 - Unexploded Ordnance (UXO) Technician II 37.66
30493 - Unexploded Ordnance (UXO) Technician III 45.14
30494 - Unexploded (UXO) Safety Escort 31.12
30495 - Unexploded (UXO) Sweep Personnel 31.12
30501 - Weather Forecaster I 32.01
30502 - Weather Forecaster II 38.93
30620 - Weather Observer, Combined Upper Air Or (see 2) 26.01
Surface Programs
30621 - Weather Observer, Senior (see 2) 28.90
31000 - Transportation/Mobile Equipment Operation Occupations
31010 - Airplane Pilot 37.66
31020 - Bus Aide 16.66***
31030 - Bus Driver 23.92
31043 - Driver Courier 20.34
31260 - Parking and Lot Attendant 16.01***
31290 - Shuttle Bus Driver 19.93
31310 - Taxi Driver 17.71
31361 - Truckdriver, Light 22.24
31362 - Truckdriver, Medium 24.14
31363 - Truckdriver, Heavy 26.16
31364 - Truckdriver, Tractor-Trailer 26.16
99000 - Miscellaneous Occupations
99020 - Cabin Safety Specialist 18.36
99030 - Cashier 14.39***
99050 - Desk Clerk 15.36***
99095 - Embalmer 34.10
99130 - Flight Follower 31.12
99251 - Laboratory Animal Caretaker I 17.93
99252 - Laboratory Animal Caretaker II 19.60
99260 - Marketing Analyst 37.98
99310 - Mortician 34.10
99410 - Pest Controller 21.91
99510 - Photofinishing Worker 20.52
99710 - Recycling Laborer 22.98
99711 - Recycling Specialist 28.16
99730 - Refuse Collector 20.95
99810 - Sales Clerk 15.66***
99820 - School Crossing Guard 18.02
99830 - Survey Party Chief 31.00
99831 - Surveying Aide 19.26
99832 - Surveying Technician 29.45
99840 - Vending Machine Attendant 17.03***
99841 - Vending Machine Repairer 21.64
99842 - Vending Machine Repairer Helper 17.03***
***Workers in this classification may be entitled to a higher minimum wage under
Executive Order 14026 ($17.20 per hour) or 13658 ($12.90 per hour). Please see the
Note at the top of the wage determination for more information. Please also note
that the minimum wage requirements of Executive Order 14026 and 13658 are not
currently being enforced as to contracts or contract-like instruments entered into
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with the federal government in connection with seasonal recreational services or
seasonal recreational equipment rental for the general public on federal lands. The
minimum wage requirements of Executive Order 14026 also are not currently being
enforced as to any contract or subcontract to which the states of Texas, Louisiana,
or Mississippi, including their agencies, are a party.
____________________________________________________________________________________
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal
Contractors, applies to all contracts subject to the Service Contract Act for which
the contract is awarded (and any solicitation was issued) on or after January 1,
2017. If this contract is covered by the EO, the contractor must provide employees
with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid
sick leave each year. Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including preventive care; to
assist a family member (or person who is like family to the employee) who is ill,
injured, or has other health-related needs, including preventive care; or for
reasons resulting from, or to assist a family member (or person who is like family
to the employee) who is the victim of, domestic violence, sexual assault, or
stalking. Additional information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $4.98 per hour, up to 40 hours per week, or $199.20 per week or
$863.20 per month

HEALTH & WELFARE EO 13706: $4.57 per hour, up to 40 hours per week, or $182.80 per
week, or $792.13 per month*

*This rate is to be used only when compensating employees for performance on an SCA-
covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal
Contractors. A contractor may not receive credit toward its SCA obligations for any
paid sick leave provided pursuant to EO 13706.
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or
successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service
includes the whole span of continuous service with the present contractor or
successor, wherever employed, and with the predecessor contractors in the
performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin
Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth
National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans'
Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of
the named holidays another day off with pay in accordance with a plan communicated
to the employees involved.) (See 29 CFR 4.174)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:
1) COMPUTER EMPLOYEES: This wage determination does not apply to any individual
employed in a bona fide executive, administrative, or professional capacity, as
defined in 29 C.F.R. Part 541. (See 41 C.F.R. 6701(3)). Because most Computer
Systems Analysts and Computer Programmers who are paid at least $27.63 per hour (or
at least $684 per week if paid on a salary or fee basis) likely qualify as exempt
computer professionals under 29 U.S.C. 213(a)(1) and 29 U.S.C. 213(a)(17), this wage
determination may not include wage rates for all occupations within those job
families. In such instances, a conformance will be necessary if there are nonexempt
employees in these job families working on the contract.
Job titles vary widely and change quickly in the computer industry, and are not
determinative of whether an employee is an exempt computer professional. To be
exempt, computer employees who satisfy the compensation requirements must also have
a primary duty that consists of:
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(1) The application of systems analysis techniques and procedures, including
consulting with users, to determine hardware, software or system functional
specifications;
(2) The design, development, documentation, analysis, creation, testing or
modification of computer systems or programs, including prototypes, based on and
related to user or system design specifications;
(3) The design, documentation, testing, creation or modification of computer
programs related to machine operating systems; or
(4) A combination of the aforementioned duties, the performance of which
requires the same level of skills. (29 C.F.R. 541.400).
Any computer employee who meets the applicable compensation requirements and the
above duties test qualifies as an exempt computer professional under both section
13(a)(1) and section 13(a)(17) of the Fair Labor Standards Act. (Field Assistance
Bulletin No. 2006-3 (Dec. 14, 2006)). Accordingly, this wage determination will not
apply to any exempt computer employee regardless of which of these two exemptions is
utilized.
2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you
work at night as part of a regular tour of duty, you will earn a night differential
and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.
If you are a full-time employed (40 hours a week) and Sunday is part of your
regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday
premium of 25% of your basic rate for each hour of Sunday work which is not overtime
(i.e. occasional work on Sunday outside the normal tour of duty is considered
overtime work).
** HAZARDOUS PAY DIFFERENTIAL **
An 8 percent differential is applicable to employees employed in a position that
represents a high degree of hazard when working with or in close proximity to
ordnance, explosives, and incendiary materials. This includes work such as
screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives,
and pyrotechnic compositions such as lead azide, black powder and photoflash powder.
All dry-house activities involving propellants or explosives. Demilitarization,
modification, renovation, demolition, and maintenance operations on sensitive
ordnance, explosives and incendiary materials. All operations involving re-grading
and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position that
represents a low degree of hazard when working with, or in close proximity to
ordnance, (or employees possibly adjacent to) explosives and incendiary materials
which involves potential injury such as laceration of hands, face, or arms of the
employee engaged in the operation, irritation of the skin, minor burns and the like;
minimal damage to immediate or adjacent work area or equipment being used. All
operations involving, unloading, storage, and hauling of ordnance, explosive, and
incendiary ordnance material other than small arms ammunition. These differentials
are only applicable to work that has been specifically designated by the agency for
ordnance, explosives, and incendiary material differential pay.
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract
(either by the terms of the Government contract, by the employer, by the state or
local law, etc.), the cost of furnishing such uniforms and maintaining (by
laundering or dry cleaning) such uniforms is an expense that may not be borne by an
employee where such cost reduces the hourly rate below that required by the wage
determination. The Department of Labor will accept payment in accordance with the
following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an
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adequate number of uniforms without cost or to reimburse employees for the actual
cost of the uniforms. In addition, where uniform cleaning and maintenance is made
the responsibility of the employee, all contractors and subcontractors subject to
this wage determination shall (in the absence of a bona fide collective bargaining
agreement providing for a different amount, or the furnishing of contrary
affirmative proof as to the actual cost), reimburse all employees for such cleaning
and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in
those instances where the uniforms furnished are made of ""wash and wear""
materials, may be routinely washed and dried with other personal garments, and do
not require any special treatment such as dry cleaning, daily washing, or commercial
laundering in order to meet the cleanliness or appearance standards set by the terms
of the Government contract, by the contractor, by law, or by the nature of the work,
there is no requirement that employees be reimbursed for uniform maintenance costs.
** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **
The duties of employees under job titles listed are those described in the
""Service Contract Act Directory of Occupations"", Fifth Edition (Revision 1),
dated September 2015, unless otherwise indicated.

** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE, Standard
Form 1444 (SF-1444) **
Conformance Process:
The contracting officer shall require that any class of service employee which is
not listed herein and which is to be employed under the contract (i.e., the work to
be performed is not performed by any classification listed in the wage
determination), be classified by the contractor so as to provide a reasonable
relationship (i.e., appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage determination (See 29 CFR
4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor
prior to the performance of contract work by such unlisted class(es) of employees
(See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final
determination of conformed classification, wage rate, and/or fringe benefits which
shall be paid to all employees performing in the classification from the first day
of work on which contract work is performed by them in the classification. Failure
to pay such unlisted employees the compensation agreed upon by the interested
parties and/or fully determined by the Wage and Hour Division retroactive to the
date such class of employees commenced contract work shall be a violation of the Act
and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are
included in a contract, a separate SF-1444 should be prepared for each wage
determination to which a class(es) is to be conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a conformed
occupation(s) and computes a proposed rate(s).
2) After contract award, the contractor prepares a written report listing in order
the proposed classification title(s), a Federal grade equivalency (FGE) for each
proposed classification(s), job description(s), and rationale for proposed wage
rate(s), including information regarding the agreement or disagreement of the
authorized representative of the employees involved, or where there is no authorized
representative, the employees themselves. This report should be submitted to the
contracting officer no later than 30 days after such unlisted class(es) of employees
performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report
of the action, together with the agency's recommendations and pertinent
information including the position of the contractor and the employees, to the U.S.
Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)).
4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or
disapproves the action via transmittal to the agency contracting officer, or
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notifies the contracting officer that additional time will be required to process
the request.
5) The contracting officer transmits the Wage and Hour Division's decision to the
contractor.
6) Each affected employee shall be furnished by the contractor with a written copy
of such determination or it shall be posted as a part of the wage determination (See
29 CFR 4.6(b)(2)(iii)).
Information required by the Regulations must be submitted on SF-1444 or bond paper.
When preparing a conformance request, the ""Service Contract Act Directory of
Occupations"" should be used to compare job definitions to ensure that duties
requested are not performed by a classification already listed in the wage
determination. Remember, it is not the job title, but the required tasks that
determine whether a class is included in an established wage determination.
Conformances may not be used to artificially split, combine, or subdivide
classifications listed in the wage determination (See 29 CFR 4.152(c)(1))."
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