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MURIEL BOWSER
MAYOR
March 27, 2025
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code §
1-204.51) and the Procurement Practices Reform Act (D.C. Official Code §§ 2-351.01 et seq.),
enclosed for consideration and approval by the Council of the District of Columbia i s proposed
contract No. DCAM-25-CS-CA-0001 with Daikin Applied Americas, Inc., in the amount of
$1,367,112.00. The contract has a substantial completion date of December 30, 2025.
Under the proposed contract, Daikin Applied Americas, Inc., w ill sup ply and install two new
chillers to replace two existing chillers at the Unified Com munications Center located at 2720
Martin Lu ther K ing Jr. Ave ., SE, Washington, DC 20032, under its agree ment wit h t he
Department of General Services (“DGS”).
My administration is available to discuss any questions you may have regarding the proposed
contract. To facilitate a response to any questions you may have, please contact Delano Hunter,
Director, Department of General Services ("DGS"), or have your staff contact Eric Njonjo, Interim
Chief of Contracts and Procurement, DGS, at (202) 727-7138.
I look forward to the Council's favorable consideration of this proposed contract.
Sincerely,
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GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement
Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Standard, tipping, retroactive without changes, and multiyear)
(A) Contract Number: DCAM-25-CS-CA-0001
Proposed Contractor: Daikin Applied Americas, Inc.
Proposed Contractor’s Principals: Yu Nishiwaki – President and Chief Operating Officer
Clayton Jacoby – Chief Financial Officer
Contract Amount (Base Period): $1,367,112.00
Unit and Method of Compensation: Progress payments on a monthly basis
Term of Contract: The term of the contract will be date of execution of the
Task Order Agreement through December 30, 2025
(“Substantial Completion Date”) with Final Completion
(“Final Completion Date”) by January 30, 2026.
Type of Contract: Firm Fixed Price
Source Selection Method: Cooperative Agreement (CA)
(B) For a contract containing option periods, the contract amount for the base period and for
each option period. If the contract amount for one or more of the option periods differs from
the amount for the base period, provide an explanation of the reason for the difference:
Not applicable.
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(C) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:
Daikin Applied Americas, Inc. (the “Contractor”) will supply and install two new chillers to replace
two existing chillers at the Unified Communications Center (“UCC”) located at 2720 Martin Luther
King Jr. Ave., SE, Washington, DC 20032.
(D) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:
• The Contractor has an existing Cooperative Agreement, Contract #R200401, with Region
4 Education Service Center to provide the same type of services.
• The Department of General Services (the “Department” or “DGS”) has determined that
using a Cooperative Agreement procurement method would be most advantageous to the
District of Columbia (the “District”) given the Contractor’s inherent knowledge and
proprietary stake in the Project’s scope and the critical nature of the Project. The District
will realize cost savings associated with the Cooperative Agreement procurement
method.
• As such, a decision was made to pursue a Cooperative Agreement procurement method
of procurement.
• On January 29, 2025, the Department issued a Notice of Award for the Contract No.
DCAM-25-CS-CA-0001 to engage the services of the Contractor.
(E) A description of any bid protest related to the award of the contract, including whether the
protest was resolved through litigation, withdrawal of the protest by the protestor, or
voluntary corrective action by the District. Include the identity of the protestor, the grounds
alleged in the protest, and any deficiencies identified by the District as a result of the protest:
The award of the Contract was not protested.
(F) A description of any other contracts the proposed contractor is currently seeking or holds
with the District:
None.
(G) The background and qualifications of the proposed contractor, including its organization,
financial stability, personnel, and performance on past or current government or private
sector contracts with requirements similar to those of the proposed contract:
The Contractor is a nationally recognized provider of HVAC equipment, including chillers, serving
both the public and private sectors. The Contractor previously installed the original chillers being
replaced under the proposed contract and have performed satisfactorily . The equipment has
demonstrated strong performance.
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(H) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
D.C. Official Code § 2-218.01 et seq. (“Act”), including a certification that the subcontracting
plan meets the minimum requirements of the Act and the dollar volume of the portion of the
contract to be subcontracted, expressed both in total dollars and as a percentage of the total
contract amount:
On January 13, 2025, the Department of Small and Local Business Development (“DSLBD”)
granted a waiver number RK286882 to remove the 35% required subcontracting percentage.
(I) Performance standards and the expected outcome of the proposed contract:
The Contractor is required to provide construction services for the Project . The Contractor’s
performance will be monitored by DGS staff and DGS’s designated Program Manager. Additionally,
the Contractor must adhere to the terms and conditions of and the Standard Contract Provisions for
use with District of Columbia Government Construction Contracts.
(J) The amount and date of any expenditure of funds by the District pursuant to the contract
prior to its submission to the Council for approval:
None.
(K) A certification that the proposed contract is within the appropriated budget authority for the
agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:
The Office of the Chief Financial Officer has certified that the proposed Contract’s amount is
consistent the Department’s budget and that adequate funds are available in the Department’s budget
in accordance with D.C. Official Code §§ 47-392.01 and 47-392.02. The applicable Fiscal Sufficiency
certification accompanies this Council Package.
(L) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
The proposed Contract has been deemed legally sufficient by the Department’s Office of the General
Counsel and the Contractor does not appear to have any current pending legal claims against the
District.
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(M) A certification that the Citywide Clean Hands database indicates that the proposed contractor
is current with its District taxes. If the Citywide Clean Hands Database indicates that the
proposed contractor is not current with its District taxes, either: (1) a certification that the
contractor has worked out and is current with a payment schedule approved by the District;
or (2) a certification that the contractor will be current with its District taxes after the District
recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b):
The Citywide Clean Hands database indicates that the Contractor is in compliance with the
Government of the District of Columbia tax laws and regulations. The applicable Clean Hands
certification for the Contractor accompanies this Council Package.
(N) A certification from the proposed contractor that it is current with its federal taxes, or has
worked out and is current with a payment schedule approved by the federal government:
The Contractor has certified that it is current with its federal taxes.
(O) (1) A certification that the proposed contractor has been determined not to violate section
334a of the Board of Ethics and Government Accountability Establishment and
Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a; and
(2) A certification from the proposed contractor that it currently is not and will not be in
violation of section 334a of the Board of Ethics and Government Accountability
Establishment and Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official
Code § 1-1163.34a:
Based upon certification from the Contractor, the Contractor has been determined not to be in
violation of D.C. Official Code § 1-1163.34a; and will not be in violation of D.C. Official Code § 1-
1163.34a.
(P) The status of the proposed contractor as a certified local, small, or disadvantaged business
enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
Development and Assistance Act of 2005, as amended; D.C. Official Code § 2-218.01 et seq.:
The Contractor is not a Certified Business Enterprise (“CBE”).
(Q) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None.
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(R) A statement indicating whether the proposed contractor is currently debarred from providing
services or goods to the District or federal government, the dates of the debarment, and the
reasons for debarment:
The Contractor is not debarred from providing services to the Government of the District of Columbia
or the Federal Government according to the Office of Contracts and Procurement’s Excluded Parties
List and the Federal Government’s Excluded Parties List.
(S) Any determination and findings issues relating to the contract’s formation, including any
determination and findings made under D.C. Official Code § 2-352.05 (privatization
contracts):
Not applicable.
(T) Where the contract, and any amendments or modifications, if executed, will be made
available online:
Contract award information and any modifications will be posted on the Department’s website.
(U) Where the original solicitation, and any amendments or modifications, will be made available
online:
The Department used an existing Cooperative Agreement Contract. There was no competitive
procurement in this case.
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1100 4th STREET SW SUITE 730E • WASHINGTON, D.C. 20024
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ASSOCIATE CHIEF FINANCIAL OFFICER
PUBLIC SAFETY & JUSTICE CLUSTER
MEMORANDUM
TO: Delano Hunter, Director
Department of General Services
FROM: David Garner, Associate Chief Financial Officer
Public Safety and Justice Cluster
DATE: February 26, 2025
SUBJECT: Funding Certification – UCC Chiller Replacement – Contract #DCAM-25-
CS-CA-0001
The Office of the Chief Financial Officer (OCFO) certifies funding the Office of Unified
Communications’ Capital Improvement Plan Budget a total of $1,367,112.00 (One million three
hundred sixty-seven thousand one hundred twelve and 00/100) for the UCC chiller replacement
is available. Funds in the amount of $1,367,112.00 have been identified in its FY 2025 through
FY2030 Capital Improvement Plan (CIP) budget. Funds in the amount of $1,367,112.00 are in
PASS Requisition #RK286882, pending final contractual approval.
If you have any questions concerning this certification, please contact Douglas A. Kemp, Agency
Fiscal Officer at (202) 841-7955.
CC: Heather McGaffin, Director, Office of Unified Communications
Kipling Ross, Program Manager, Office of Unified Communications
Gavin Suares, CIO, Office of Unified Communications
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
______________________________________________________________________________
3924 Minnesota Avenue NE, 6th Floor Washington DC 20019 | Telephone (202) 727-2800 | Fax (202) 727-7283
Page 1 of 1
Memorandum
TO: Tomás Talamante
Director, Office of Policy and Legislative Affairs
FROM: Kristen Walp
Senior Assistant General Counsel
SUBJECT: Legal Sufficiency Certification
Unified Communications Center (UCC) Chiller Replacement
Contract Number: DCAM-25-CS-CA-0001
Contractor: Daikin Applied Americas, Inc.
DATE: March 13, 2025
_____________________________________________________________________________
This is to certify that this Office has reviewed the above-referenced proposed Contract and
has found it to be legally sufficient, subject to submission of: (i) any required materials to
Council for approval; (ii) Council’s approval of the same; and (iii) a Fiscal Certification
issued by the Department of General Services’ Agency Fiscal Officer.
Please feel free to contact me at (202) 727-2800 with any questions.
____________________________
Kristen Walp
Senior Assistant General Counsel
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
TASK ORDER AGREEMENT
DCAM-25-CS-CA-0001
Unified Communications Center Chiller Replacement
Date: #RK286882
This TASK ORDER AGREEMENT (“Contract”) is issued by the Government of the District of
Columbia (the “District”) , acting by and through its DEPARTMENT OF GENERAL
SERVICES (the “Department” or “DGS”) t o Daikin Applied Americas, Inc (the “Contractor”).
This Contract Number DCAM-25-CS-CA-0001 is being issued as a rider contract to the Region 4
Education Service Center Cooperative Agreement of August 2020 (Exhibit A) with the
Contractor. Assuming this Task Order Agreement is signed by the Contractor without modification
of any kind, it shall constitute a binding legal contract between the Department and the Contractor.
The terms of this Task Order Agreement are as follows:
1. Contractor. This Task Order Agreement is being issued to Daikin Applied Americas, Inc .
(“Contractor”).
2. Items Purchased. The Contractor shall provide all professional services , material s, tools,
supplies, and equipment necessary for the Unified Communications Center (“UCC”) Chiller
Replacement (the “Project”), as further described i n the scope of work (“Scope of Work”)
(Exhibit B) and the Contractor’s proposal (Exhibit C).
3. Price. The Contractor w ill be paid a lump sum price of $1,367,112.00. In no event will the
Contractor be paid more than $1,367,112.00, unless the Contractor is authorized to exceed this
amount in advance and in writing by DGS’s Contracting Officer.
4. Substantial Completion Date. The work that is the subject of this Task Order Agreement
shall be substantially complete by December 30, 2025 (“Substantial Completion Date”).
5. Final Completion Date. The Final Completion Date of this Task Order Agreement is January
30, 202 6 (“Final Completion Date”). Final Completion shall mean the point at which
Substantial Completion has been achieved, all punchlist items noted at Substantial Completion
have been completed, and all documents the Contractor is required to deliver to the Department
as a condition to receiving final payment have been received. Work is defined as the
construction and services required by the Contract, whether completed or partially completed,
and includes all other labor, materials, equipment, and services provided or to be provided by
the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a
part of the Project.
Page 2 of 12
6. Administrative Term. An administrative term date of February 27, 20 26, is hereby
established for all work that is subject of this Task Order Agreement (“Administrative Term”).
7. Contracting Officer (“CO”): The CO for this Task Order Agreement is:
Kianna Shepherd
Contracting Officer
Contracts and Procurement
Department of General Services
3924 Minnesota Avenue, NE, 5th Floor
Washington, DC 20019
kianna.shepherd@dc.gov
8. Contracting Officer’s Technical Representative (“COTR” ): COTR for this Task Order
Agreement is:
Satish Bagai
Project Manager - Capital Construction
Department of General Services
3924 Minnesota Avenue, NE, 5th Floor
Washington, DC 20019
Email: satish.bagai@dc.gov
9. Program Manager (“PM”). PM for this Task Order Agreement is:
Agyei Hargrove
Program Manager - Capital Construction
Department of General Services
3924 Minnesota Avenue, NE, 5th Floor
Washington, DC 20019
Email: agyei.hargrove@dc.gov
10. Invoices. The Contractor shall create and submit payment requests in an electronic format
through the DC Vendor Portal, https://vendorportal.dc.gov. The Contractor shall submit proper
invoices on a monthly basis. To constitute a proper invoice, the Contractor shall enter all
required information into the Portal after selecting the applicable purchase order number which
is listed on the Contractor’s profile.
11. Conformance with Laws. The Contractor shall perform the Contract in conformance with
the Department’s Procurement Regulations and all statutes, laws, codes, ordinances,
regulations, rules, requirements and orders of governmental bodies, including, without
limitation, the U.S. Government and the Dis trict of Columbia government; and it is the sole
responsibility of the Contractor to comply with procurement regulations, statutes, laws, codes,
ordinances, regulations, rules, requirements and orders that apply on the Contractor’s
obligations under this Task Order Agreement . If applicable, the Contractor must obtain
Chapter 2 and Chapter 3 air quality permits, as required by the Department of Energy and
Page 3 of 12
Environment (“DOEE”) prior to the installation of a boiler, stationary generator, or any other
source of emissions subject to those rules.
12. Insurance.
A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and
maintain, during the entire period of performance under this contract, the types of insurance
specified below. The Contractor shall submit a Certificate of Insurance to the Contracting
Officer (CO) giving evidence of the required coverage prior to commencing performance
under this contract. In no event shall any work be performed until the required Certificates
of Insurance signed by an authorized representative of the insurer(s) have been provided
to, and accepted by, the CO.
If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits
than the minimums shown below, the District requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor and subcontractors.
B. INSURANCE REQUIREMENTS
1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide evidence
satisfactory to the CO with respect to the services performed that it carries a CGL policy,
written on an occurrence (not claims -made) basis, on Insurance Services Office, Inc.
(“ISO”) form CG 00 01 04 13 (or another occurrence-based form with coverage at least as
broad and approved by the CO in writing), covering liability for all ongoing and completed
operations of the Contractor and under all subcontracts, covering claims for bodily injury,
including without limitation sickness, disease or death and mental anguish of any persons,
broad form property damage, including loss of use resulting therefrom, personal and
advertising injury, and including coverage for liability arising out of an Insured Contract
(including the tort liability of another assumed in a contract) and acts of terrorism (whether
caused by a foreign or domestic source). Such coverage shall have limits of liability of not
less than $1,000,000 for each occurrence, $2,000,000 general aggregate , $2,000,000
products and completed operations aggregate, and $1,000,000 personal and advertising
injury aggregate limit.
The Commercial General Liability shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage
using ISO form CG 2010 0413 and CG2037 04 13 (or its equivalent) to The
Government of the District of Columbia
b) Coverage available to the additional insureds shall apply on a primary and
non-contributing basis as respects any other insurance, deductibles, or self-
insurance available to the additional insureds
c) A waiver of subrogation in favor of The Government of the District of
Columbia
d) Any Annual Aggregate shall apply on a per location or per project basis
e) Defense costs shall be in addition to and not erode the limits of liability
Page 4 of 12
2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory to the
CO of commercial (business) automobile liability insurance written on ISO form CA 00
01 10 13 (or another form with coverage at least as broad and approved by the CO in
writing) including coverage for all owned, hired, borrowed and non -owned vehicles and
equipment used by the Contractor in connection with work under this agreement, with a
minimum combined single limit of $1,000,000 . Such policy or policies of automo bile
liability insurance shall be written on an "occurrence" (as opposed to a "claims made")
basis.
The Commercial Auto Liability policy shall be further endorsed to:
a. To the fullest extent permitted by law, provide additional insured coverage to
The Government of the District of Columbia
b. Coverage available to the additional insureds shall apply on a primary and
non-contributing basis as respects any other insurance, deductibles, or self-
insurance available to the additional insureds
c. A waiver of subrogation in favor of The Government of the District of
Columbia
d. Defense costs shall be in addition to and not erode the limits of liability
e. If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened
Coverage for Covered Autos - Business Auto, Motor Carrier, and Truckers (or
its equivalent)
f. Moving and Storage Companies shall be required to provide evidence of
BMC91 or BMC91X filing
For Contractors providing transportation:
Contractors providing transportation must additionally comply with the following:
a) Operators holding a restricted WMATC Certificate of Authority must have a
single limit of $1.5 million in combined (bodily injury and physical damage)
coverage, or
b) Operators holding an unrestricted WMATC Certificate of Authority must
have a single limit of $5M in combined (bodily injury and physical damage)
coverage.
In addition, both types of WMATC certificate holders must have in place the following
Licensing Requirements as applicable:
a) Commercial Driver’s License (CDL) with the following endorsements:
i) P (Passenger): All drivers MUST have a P endorsement enabling them to
transport passengers (16 or more).
ii) S (School Bus): All drivers operating school buses (flashing lights, swing
arm w/stop sign) must also have an S endorsement. Please note that driver
credentials for any vehicles that are converted school buses must have S.
b) Valid (unexpired) US Department of Transportation Medical Examiner
Certification (“Medical Card”).
For Contractors using District Government-Owned Vehicles:
Agencies that provide C ontractors with District Government-owned or leased motor
vehicles are responsible for ensuring that such vehicles are used only for the performance
of contract. Contractor is prohibited from using such vehicles for home -to-work
transportation unless specifically provided for under the terms of the contract and approved
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in writing by the Contracting Officer, or otherwise provided by law. Contractor shall
obtain automobile liability insurance with a minimum combined single limit of $1,000,000
to cover bodily injury and property damage to protect the contractor and the gov ernment
against third -party claims arising from the use of District Government-owned
vehicles. The Commercial Auto Liability Policy shall be endorsed to include:
a. To the fullest extent permitted by law, provide additional insured coverage to
The Government of the District of Columbia;
b. Coverage available to the additional insureds shall apply on a primary and
non-contributing basis as respects any other insurance, deductibles, or self-
insurance available to the additional insureds; and
c. A waiver of subrogation in favor of The Government of the District of
Columbia.
In the event of loss, destruction, or damage to any government-owned vehicles used in
the performance of contact, Contractor shall be liable for full cost of repair or
replacement of lost, destroyed, or damaged vehicle.
3. Workers’ Compensation Insurance - The Contractor shall provide evidence satisfactory to
the CO of Workers’ Compensation insurance in accordance with the statutory mandates
of the District of Columbia or the jurisdiction in which the contract is performed.
Employer’s Liability Insurance - The Contractor shall provide evidence satisfactory to
the CO of employer’s liability insurance as follows: $500,000 per accident for injury;
$500,000 per employee for disease; and $500,000 for policy disease limit.
The Workers Compensation and Employers Liability shall be further endorsed to:
a) Include a Waiver of Subrogation in favor of The Government of the District of
Columbia.
b) Where applicable, include United States Longshore and Harbor Workers
Compensation Act (USL&H)
c) Where applicable, include Jones Act Coverage for seamen or crew members on
an “if any” basis.
4. Network Security/Privacy (Cyber) Liability Insurance covering acts, errors, omissions, and
violation of any consumer protection laws arising out of Contractor’s operations or services
with a limit of $2,000,000 per claim and in the aggregate. Such coverage shall include but
not be limited to, third party an d first party coverage for loss or disclosure of any data,
including personally identifiable information and payment card information, network
security failure, violation of any consumer protection laws, unauthorized access and/or use
or other intrusions, infringement of any intellectual property rights (except patent),
negligence or breach of duty to use reasonable care, breach of any duty of confidentiality,
invasion of privacy, or violations of any othe r legal protections for personal information,
defamation, libel, slander, commercial disparagement, negligent transmission of computer
virus, or use of computer networks in connection with denial of service attacks. Such
coverage shall include regulatory defense and fines/penalties in any jurisdiction anywhere
in the world. Such coverage shall include contractual privacy coverage for data breach
response and crisis management costs that would be incurred by Contractor on behalf of
The Government of the District of Columbia in the event of a data breach including legal
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and forensic expenses, notification costs, credit monitoring costs, and costs to operate a
call center. Contractor shall maintain coverage in force during the term of this Agreement
and for an extended reporting period of not less than two (2) years after.
5. Technology Liability Insurance (Errors & Omissions) - The Contractor shall provide
Technology Liability Insurance (Errors and Omissions) to cover liability resulting from
any error or omission in the performance of professional services under this Contract. The
policy shall provide limits of $2,000,000 per claim or per occurrence for each wrongful act
and $2,000,000 annual aggregate. The Contractor warrants that any applicable retroactive
date precedes the date the Contractor first performed any professional services for the
Government of the District of Columbia and that continuous coverage will be maintained
or an extended reporting period will be exercised for a period of at least ten years after the
completion of the professional services. Limits may not be shared with other lines of
coverage.
6. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence
satisfactory to the CO of commercial umbrella with minimum limits of $5,000,000 per
occurrence and $5,000,000 in the annual aggregate. Coverage must excess of required
commercial general liability, commercial auto lia bility, and employers’ liability. The
insurance required under this paragraph shall be written in a form that annually reinstates
all required limits. Coverage shall be primary to any insurance, self -insurance or
reinsurance maintained by The Government of the District of Columbia and the “other
insurance” provision must be amended in accordance with this requirement and principles
of vertical exhaustion.
7. Installation-Floater Insurance - For projects not involving structur al alterations , the
contractor shall provide an installation floater policy with a limit equal to the Property
values being installed as part of the project. The policy shall cover property while located
at the project site, at temporary locations, or in transit; deductibles will be the sole
responsibility of the contractor.
C. SUBCONTRACTOR INSURANCE REQUIREMENTS
Any and all subcontractors engaged by Contractor for work under this agreement shall be
required to have the same insured required of Contractor. Should the Contractor wish to
propose different insurance requirements than outlined below, then, prior to
commencement of work by the subcontractor, the Contractor shall submit in writing the
name and brief description of work to be performed by the subco ntractor on the
Subcontractors Insurance Requirement Template provided to the Office of Risk
Management (ORM). ORM will determine the insurance requirements applicable to the
subcontractor and promptly deliver such requirements in writing to the Contractor. In either
instance, the Contractor must provide proof of the subcontractor's required insurance prior
to commencement of work by the subcontractor.
D. PRIMARY AND NONCONTRIBUTORY INSURANCE
The insurance required herein shall be primary to and will not seek contribution from any
other insurance, reinsurance or self -insurance including any deductible or retention,
maintained by the Government of the District of Columbia.
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E. DURATION. The Contractor shall carry all required insurance until all contract work is
accepted by The Government of the District of Columbia and shall carry listed coverages
for ten years for construction projects following final acceptance of the work performed
under this contract and two years for non-construction related contracts.
F. LIABILITY. These are the required minimum insurance requirements established by The
Government of the District of Columbia. However, it is understood that The Government
of the District of Columbia does not in any way represent that the insurance or the limits
of insurance specified herein are sufficient or adequate to protect your interests or liabilities
and will not in any way limit the contractor’s liability under this contract.
G. CONTRACTOR’S PROPERTY. Contractor and subcontractors are solely responsible for
any loss or damage to their personal property, including but not limited to tools and
equipment, scaffolding, and temporary structures, rented machinery, or owned and leased
equipment. A waiver of subrogation shall apply in favor of The Government of the District
of Columbia.
H. MEASURE OF PAYMENT. The Government of the District of Columbia shall not make
any separate measure or payment for the cost of insurance and bonds. The Contractor shall
include all the costs of insurance and bonds in the contract price.
I. NOTIFICATION. The Contractor shall ensure that all policies provide that the CO shall
be given thirty (30) days prior written notice in the event of cancellation, non-renewal, or
material changes to the extent such cancellation or material changes results in Contractor
no long complying with the above requirements. The Contractor shall provide the CO with
ten (10) days’ prior written notice in the event of non-payment of premium. The Contractor
will also provide the CO with an updated Certificate of Insu rance should its insurance
coverages renew during the contract. The Government of the District of Columbia may
reasonably change the above insurance coverage requirements during the Term by giving
Contractor at least 30 days’ notice of the change. Contractor must comply, at your expense,
and deliver to the CO evidence of compliance before the change becomes effective.
J. CERTIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days
after execution of this Agreement, certificates of insurance evidencing the required
insurance coverage and endorsements required herein. Contractor must also provide us
with evidence of renewal before the expiration date of each insurance policy. Contractor is
responsible for providing us with 30 days advanced written notice if the certificate of
insurance by the insurer has been canceled, reduced in coverage, or otherwise altered .
Certificates of insurance must reference the corresponding contract number. Evidence of
insurance shall be submitted via email only to:
The Government of the District of Columbia
And e-mailed to the attention of:
Kianna Shepherd (c/o Makia Efimba)
Contacting Officer
Contracts and Procurement
Department of General Services
Page 8 of 12
3924 Minnesota Ave NE, 5th Floor
Washington, DC 20019
Makia.efimba@dc.gov
The CO may request, and the Contractor shall promptly deliver updated certificates of
insurance, endorsements indicating the required coverages, and/or certified copies of the
insurance policies. If the insurance initially obtained by the Contractor expires pri or to
completion of the contract, renewal certificates of insurance and additional insured and
other endorsements shall be furnished to the CO prior to the date of expiration of all such
initial insurance. For all coverage required to be maintained after completion, an additional
certificate of insurance evidencing such coverage shall be submitted to the CO on an annual
basis as the coverage is renewed (or replaced).
K. DISCLOSURE OF INFORMATION. The Contractor agrees that The Government of the
District of Columbia may disclose the name and contact information of its insurers to any
third party which presents a claim against The Government of the District of Columbia for
any damages or claims resulting from or arising out of work performed by the Contractor,
its agents, employees, servants or subcontractors in the performance of this contract.
L. CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in
connection with this contract shall be written by insurance companies with an A.M. Best
Insurance Guide rating of at least A - VII or better (or the equivalent by any other rating
agency) and licensed in the District of Columbia.
M. WARRANTIES. When applicable, t he Contractor should be named as an additional
insured on the applicable manufacturer’s/distributer’s Commercial General Liability policy
using Insurance Services Office, Inc. (“ISO”) form CG 20 15 04 13 (or another occurrence-
based form with coverage at least as broad). CO should collect, review for accuracy, and
maintain all warranties for goods and services.
13. Standard Contract Provisions. The Department of General Services Standard Contract
Provisions for Construction Contracts and the Department of General Services Standard
Contract Provisions for Architectural and Engineering Services Contracts are applicable
to this procurement.
14. Living Wage Act. The Contractor agrees that the work performed under this proposed
Task Order Agreement be subject to the living wage act in effect at the time of the Task
Order Agreement execution. As such, the Contractor and its subcontractors shall comply
with the wage reporting requirements imposed by the act as set forth in (Exhibit E).
15. Campaign Finance Reform Act. The Contractor agrees to comply with the Campaign
Finance Reform Act certification required pursuant to D.C. Official Code § 1 -1161.01
and will satisfy all self -certification requirements prior to the execution this contract
(Exhibit F).
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16. Performance And Payment Bonds. The Contractor agrees to comply with the Payment
and Performance Bond as set forth in ( Exhibit G) that has been submitted to the
Department.
17. Davis Bacon Wage Determination and 29 CFR 5.5 Davis Bacon Provision . The
Contractor agrees that the Work performed under th is contract shall be subject to the
Davis Bacon Wage Determination and 29 CFR 5.5 Davis Bacon Provision as set forth in
(Exhibit H1 and H2) in effect at the time of the contract execution by the Department.
18. Subcontracting Requirements: The Contractor shall comply with the Subcontracting
Plan as set forth in the waiver (Exhibit I) submitted to DGS by the Department of
Small and Local Business Development (“DSLBD”).
18.1 Reserved.
18.2 Residency Hiring Requirements and Apprenticeship Act
a. Residency Hiring Requirements for Contractors and Subcontractors
At least fifty -one percent (51%) of the Contractor’s team and every subcontractor’s
employee hired after the Contractor enters into a contract with the Department, or after
such subconsultant enters into a contract with the Contractor, to work on this Project, shall
be residents of the District of Columbia.
Upon execution of the contract, the Contractor and all of its member firms, if any, and each
of its subcontractors and subconsultants shall submit to the Department a list of current
employees that will be assigned to the Project, the date that they were h ired and whether
or not they live in the District of Columbia.
The Contractor shall comply with subchapter III of Chapter II of Title 1, and subchapter II
of Chapter II of Title 1 of the D.C. Code, and all successor acts thereto, and the rules and
regulations promulgated thereunder. The Contractor and all member firms, subcontractors,
tier subcontractors, subconsultants, and suppliers with contracts in the amount of
($100,000) or more shall be required to comply with the following: (i) enter into a First
Source Employment Agreement with the D.C. Department of Employmen t Services
(“DOES”) upon execution of the Agreement; (ii) submit an executed First Source
Agreement to DOES prior to beginning work on the Project; (iii) make best efforts to hire
at least (51%) District residents for all new jobs created by the Project; ( iv) list all
employment vacancies with DOES; (v) submit monthly compliance reports to DOES by
the 10 th of each month; (vi) at least (51%) apprentices and trainees employed must be
residents of the District registered in program approved by the D.C. Apprent iceship
Council; and (vii) trade contractors and subcontractors with contracts in the amount of
($500,000) or more must register an apprenticeship program with the D.C. Apprenticeship
Council.
The Contractor shall comply with subchapter X of Chapter II of Title 2, and all successor
acts thereto, including by not limited to the Workforce Intermediary Establishment and
Page 10 of 12
Reform of First Source Amendment Act of 2011, and the rules and regulations promulgated
thereunder, including, but not limited to the following requirements:
a) At least twenty percent (20%) of journey worker hours by trade shall be
performed by District residents;
b) At least sixty percent (60%) of apprentice hours by trade shall be performed by
District residents;
c) At least fifty -one percent (51%) of the skilled laborer hours by trade shall be
performed by District residents; and
d) At least seventy percent (70%) of common laborer hours shall be performed by
District residents.
b. Apprenticeship Act.
The D.C. Apprenticeship Act of D.C. Law 2-156, (as amended, the Act) may apply to
these Projects. As applicable, the Contractor firm and their subcontractors selected to
perform work on the Projects on a craft-by-craft basis may be required to comply with
the Act. If applicable, all terms and conditions of the D.C. Apprenticeship Council
Rules and Regulations shall be implemented, and the selected Contractor firm shall be
liable for any subcontractor non -compliance. Thirty -Five percent (35%) of all
apprentice hours worked shall be performed by District residents.
19. First Source Employment Plan and Agreement. The Contractor shall comply with the
First Source Agreement fully executed by the District of Columbia Department of
Employment Services (“DOES”) as set forth in (Exhibit J).
20. Bidder Offeror Certification Form . The Contractor shall comply with the Bidder
Offeror Certification Form submitted to the Department as set forth in (Exhibit K).
21. Equal Employment Opportunity Policy Agreement. The Contractor shall comply with
the Equal Employment Opportunity Policy Agreement as set forth in (Exhibit L).
22. Tax Affidavit Policy. The Contractor shall comply with the Tax Affidavit Policy as set
forth in (Exhibit M).
23. Nonprofit Fair Compensation Act of 2020, D.C. Code § 2 -222.01 et seq. Nonprofit
organizations, as defined in the Act, shall include in their rates the indirect costs incurred
in provision of goods or performance of services under this contract pursuant to the
nonprofit organization's unexpired Negotiated Indirect Cost Rate A greement
(“NICRA”). If a nonprofit organization does not have an unexpired NICRA, the nonprofit
organization may elect to instead include in its rates its indirect costs:
(1) As calculated using a de minimis rate of 10% of all direct costs under this contract;
(2) By negotiating a new percentage indirect cost rate with the awarding agency;
Page 11 of 12
(3) As calculated with the same percentage indirect cost rate as the nonprofit organization
negotiated with any District agency within the past 2 years; however, a nonprofit
organization may request to renegotiate indirect costs rates in accordance with subsection
23 (2); or
(4) If this contract is funded by a federal agency, indirect costs shall be consistent with the
requirements for pass -through entities in 2 C.F.R. § 200.331, or any successor
regulations.
(5) The Contractor shall pay its subcontractors which are nonprofit organizations the same
indirect cost rates as the nonprofit organization subcontractors would have received as a
prime contractor.
24. Special Provisions related to District of Columbia Department of General Services
Standard Contract Provisions General Provisions for Construction Contracts
(Exhibit D2): The following special provisions shall be incorporated into this Contract.
Unless explicitly addressed in this section, it is hereby clarified that the Terms and
Conditions specified in Exhibit D2 shall remain unaffected and will govern the respective
rights and obligations of the parties as outlined in this Contract.
ARTICLE 30. ADMINISTRATIVE LIQUIDATED DAMAGES (Page 22)
Reserved – Intentionally Omitted
ARTICLE 5. TERMINATION, DELAYS (page 6)
Reserved – Intentionally Omitted
ARTICLE 5. TERMINATION, DELAYS (page 6)
The Contracting Officer shall ascertain the facts and the extent of the delay and extend
the time for completing the work when, in his judgment, the findings of fact justify such
an extension, and his findings of fact shall be final and conclusive on the parties, subject
only to appeal as provided in Article 7 herein.
ARTICLE 14. INDEMNIFICATION, subsection (A) (Page 15)
The Contractor shall indemnify and save harmless the Government and all of its officers,
agents and servants against any and all Third Party claims or liability arising from or
based on, or as a consequence or result of, any act, omission or default of the Contractor,
his employees, or his subcontractors, in the performance of, or in connection with, any
work required, contemplated or performed under the Contract
ARTICLE 6. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT,
subsection (C) (Page 8)
After receipt of a Notice of Termination, the Contractor shall submit to the Contracting
Officer his termination claim, in the form with the certification prescribed by the
Contracting Officer, including the cost for any custom -made products not yet invoic ed,
but already manufactured.
Page 12 of 12
25. Order of Precedence. The following documents are incorporated into this Task Order
Agreement in the following order of precedence:
1. A Court Order
2. This Task Order Agreement
3. Standard Contract Provisions General Provisions (Construction) (Exhibit D1)
4. Standard Contract Provisions General Provisions (Architectural/ Engineering)
(Exhibit D2)
5. Contractor’s Proposal (Exhibit C)
6. Region 4 Education Service Center Cooperative Agreement of August 2020
(Exhibit A)
26. Exhibits
Exhibit A Region 4 Education Service Center Cooperative Agreement of August 2020
Exhibit B Scope of Work
Exhibit C Contractor’s Proposal
Exhibit D1 Standard Contract Provisions (Construction)
Exhibit D2 Standard Contract Provisions (Architectural/Engineering)
Exhibit E Living Wage Notice and Fact Sheet
Exhibit F Campaign Finance Reform Self-Certification
Exhibit G Payment and Performance Bond
Exhibit H1 Davis Bacon Wage Determination
Exhibit H2 Title 29 Code of Federal Regulations (CFR)
Exhibit I DSLBD Waiver
Exhibit J First Source Employment Plan and Agreement
Exhibit K Bidder Offeror Certification Form
Exhibit L Equal Employment Opportunity Policy Agreement
Exhibit M Tax Affidavit
ISSUED BY: ACCEPTED BY:
DEPARTMENT OF GENERAL SERVICES DAIKIN APPLIED AMERICAS,
INC.
By: ________________________ By: ___________________
Name: Kianna Shepherd Name: _________________
Title: Contracting Officer Title: _________________
Date: _______________________ Date: _________________