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MURIELBOWSERMAYOR
April23,2025
The Honorable PhilMendelson
Chairman
Councilof theDistrictof Columbia
John A. Wilson Building
1350PennsylvaniaAvenue,NW, Suite504
Washington,DC 20004
Dear Chairman Mendelson:
PursuanttoSection451oftheDistrictofColumbiaHomeRuleAct(D.C.OfficialCode§ 1-
204.51)andSection202oftheProcurementPracticesReformActof2010(D.C.OfficialCode§
2-352.02),enclosedforconsiderationandapprovalbytheCounciloftheDistrictofColumbiais
proposeddefinitiveContractNo.CW119169withAmeriNationalCommunityServices,LLCd/b/a
AmeriNatinthenot-to-exceedamountof$2,299,472.Theperiodofperformanceisfrom
December5,2024,throughDecember4,2025.
Undertheproposedcontract,AmeriNationalCommunityServices,LLCd/b/aAmeriNatwillprovideloanservices,collection,confirmations,auditreview,cashflowanalysisandcollection,leaseservices,leasecollectionandforeclosureservicesforcurrentandfutureamortizedand
deferredloansassociatedwith11sponsoredhousingassistanceandrehabilitationprogramsfortheDepartmentofHousingandCommunityDevelopment.
My administrationisavailabletodiscussanyquestionsyoumayhaveregardingtheproposedcontract.Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasehaveyourstaffcontactMareScott,ChiefOperatingOfficer,OfficeofContractingandProcurement,at(202)724-
8759.
I look forwardtotheCouncil'sfavorableconsiderationofthis contract.
Sincerely,
MfrielBRwser
1
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement
Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Letter Contract)
(A) Contract Number: CW119169
Proposed Contractor: AmeriNational Community Services (AmeriNat)
Proposed Contractor’s Principals: Adrienne Thorson
Chairwoman and CEO
Contract Amount: Not to Exceed (NTE) $2,299,472 (Base Period)
Unit and Method of Compensation: Fixed unit prices and percentages, with a cost-reimbursable
component
Term of Contract: December 5, 2024, through December 4, 2025
Type of Contract: Requirements Contract
Source Selection Method: Request for Proposal (RFP)
(B) For a contract containing option periods, the contract amount for the base period and for
each option period. If the contract amount for one or more of the option periods differs from
the amount for the base period, provide an explanation of the reason for the difference:
Base Period Amount: NTE $2,299,472
Option Period 1 Amount: NTE $2,299,472
Explanation of difference from base period: Historically the portfolio will fluctuate on a
consistent basis each year. It is an industry standard to build in an increase.
Option Period 2 Amount: NTE $2,399,572
Explanation of difference from base period: Historically the portfolio will fluctuate on a
consistent basis each year. It is an industry standard to build in an increase.
2
Option Period 3 Amount: NTE $2,444,672
Explanation of difference from base period: Historically the portfolio has fluctuated on a
consistent basis each year. It is an industry standard to build in an increase.
Option Period 4 Amount: NTE $2,461,172
Explanation of difference from base period: Historically the portfolio fluctuates on a consistent
basis each year. It is an industry standard to build in an increase.
(C) The date on which the letter contract or emergency contract was executed:
December 5, 2024
(D) The number of times the letter contract or emergency contract has been extended:
The letter contract has been extended once. Modification No. 1 was issued on March 24, 2025 to
extend the period of performance.
(E) The value of the goods and services provided to date under the letter contract or emergency
contract, including under each extension of the letter contract or emergency contract:
$799,824
(F) A description of any other contracts the proposed contractor is currently seeking or holds
with the District.:
None
(G) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:
The Department of Housing and Community Development (DHCD) is contracting AmeriNat to
provide loan services, collection, confirmations, audit review, cash flow analysis and collection,
lease services, lease collection and foreclosure services for its current and future amortized and
deferred loans for eleven sponsored housing assistance and rehabilitation programs in the District:
1. Home Purchase Assistance Program,
2. Employee-Assisted Housing Program,
3. Metropolitan Police Housing Assistance Program,
4. Single-Family Housing Rehabilitation Deferred and Amortized Program,
5. Multi-Family Housing Rehabilitation Program,
6. Economic Development Program,
7. Housing Production Trust Fund,
8. Unified Funds,
9. Tax Credit Assistance Program,
10. Neighborhood Stabilization Program Loans, and
3
11. Land Acquisition for Housing Development Opportunities.
(H) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:
RFP Doc708246 was issued on April 10, 2024, and closed on May 2, 2024. The District received
two proposals in response to the solicitation. The proposals were evaluated in accordance with
the technical evaluation criteria described in the RFP and listed below: a) Loan Services and
Collection Management Strategy Plan, b) Organizational Previous Experience and Past
Performance, c) Organizational Staffing and Qualification. In addition, the procurement team
evaluated their price submission per the process stated in the RFP.
Based on the findings of the Contracting Officer’s (CO) Independent Assessment, the CO
determined that the proposal of AmeriNat was the highest ranked and an award to them is most
advantageous to the District.
(I) A description of any bid protest related to the award of the contract, including whether the
protest was resolved through litigation, withdrawal of the protest by the protestor, or
voluntary corrective action by the District. Include the identity of the protestor, the grounds
alleged in the protest, and any deficiencies identified by the District as a result of the protest:
None
(J) The background and qualifications of the proposed contractor, including its organization,
financial stability, personnel, and performance on past or current government or private
sector contracts with requirements similar to those of the proposed contract:
AmeriNat has nearly 50 years of experience in providing nationwide loan servicing and asset
management to state and local governments, nonprofits, financial institutions, and private investors.
They have past performance and servicing experience with the same types of loans in the District’s
housing portfolio that successfully demonstrated their ability to meet the District’s loan servicing
requirements. Their leadership, management, and governance team demonstrated past work in
mortgage loan servicing, loan servicing, single family servicing, multifamily and small business
loans, credit underwriting, and loan portfolio management, etc. AmeriNat has been a registrant
corporation with the District of Columbia since 2009, a company license and individual state
licenses/registrations with the Nationwide Mortgage Licensing System (NMLS). Since 2010, the
contractor holds a mortgage lender license issued by the NMLS regulated to the District of
Columbia. Based on their submission they have the capability, capacity and resources necessary to
service a portfolio of the size and complexity of DHCD.
(K) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
D.C. Official Code § 2-218.01 et seq. (“Act”), including a certification that the subcontracting
plan meets the minimum requirements of the Act and the dollar volume of the portion of the
4
contract to be subcontracted, expressed both in total dollars and as a percentage of the total
contract amount:
AmeriNat’s subcontracting plan listed one certified business enterprise (CBE) supplier: The Coles
Group LLC. Their plan satisfies the District’s mandatory requirements, during the base and all
potential option periods. The Coles Group will perform 35 percent of the total set-aside amount.
The overall contract not to exceed amount is $2,299,742. The subcontracting amount is
$804,815.20, which represents the required 35% of the total contract award.
(L) Performance standards and the expected outcome of the proposed contract:
It is the District’s expectation that AmeriNat will provide loan services, collection, confirmations,
audit review, cash flow analysis and collection, lease services, lease collection and foreclosure
services for its current and future amortized and deferred loans for eleven housing assistance and
rehabilitation programs, in accordance with the requirements, deliverables and terms and conditions
of the proposed contract.
(M) The amount and date of any expenditure of funds by the District pursuant to the contract
prior to its submission to the Council for approval:
The letter contract was awarded in the amount of $799,824 for the period of December 5, 2024,
through April 4, 2025.
(N) A certification that the proposed contract is within the appropriated budget authority for the
agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:
The Agency Chief Financial Officer has provided a funding certificate dated March 26, 2025, for
the availability of funding for the proposed contract.
(O) A certification that the proposed contractor has been determined not to violate section 334a of
the Board of Ethics and Government Accountability Establishment and Comprehensive
Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a; and (2) A
certification from the proposed contractor that it currently is not and will not be in violation
of section 334a of the Board of Ethics and Government Accountability Establishment and
Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a:
The contractor has certified, via the Bidder/Offeror Certification form, that it is (1) not 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; and (2)
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.
(P) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
5
The contract has been reviewed and approved by the Office of the Attorney General for legal
sufficiency. The proposed contractor does not have any pending legal claims against the District.
(Q) A certification that the Citywide Clean Hands database indicates that the proposed contractor
is current with its District taxes. If the Citywide Clean Hands Database indicates that the
proposed contractor is not current with its District taxes, either: (1) a certification that the
contractor has worked out and is current with a payment schedule approved by the District;
or (2) a certification that the contractor will be current with its District taxes after the District
recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b):
The Citywide Clean Hands database printout dated March 11, 2025, certifies that the proposed
contractor, AmeriNat is compliant with District of Columbia Government tax law requirements.
(R) A certification from the proposed contractor that it is current with its federal taxes, or has
worked out and is current with a payment schedule approved by the federal government:
The System for Award Management database printout dated January 13, 2025, certifies and the
Bidder-Offeror Form dated January 31, 2025, indicate that the proposed contractor is compliant
with federal tax law requirements.
(S) The status of the proposed contractor as a certified local, small, or disadvantaged business
enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
Development and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq.:
AmeriNat is not qualified to participate in the District's Department of Small and Local Business
Development certification program and is not a CBE.
(T) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None
(U) A statement indicating whether the proposed contractor is currently debarred from providing
services or goods to the District or federal government, the dates of the debarment, and the
reasons for debarment:
AmeriNat does not appear on the federal, state, or District excluded parties list and is not currently
debarred from providing services to any governmental entity.
(V) Any determination and findings issues relating to the contract’s formation, including any
determination and findings made under D.C. Official Code § 2-352.05 (privatization
contracts):
Determination and Findings for Contractor Responsibility
Determination and Findings for Price Reasonableness
6
Determination and Findings for Competitive Sealed Bid
(W) Where the contract, and any amendments or modifications, if executed, will be made
available online:
https://contracts.ocp.dc.gov/contracts/search
(X) Where the original solicitation, and any amendments or modifications, will be made available
online:
https://contracts.ocp.dc.gov/solicitations/search
1101 4th Street, SW
Washington, DC 20024
Date of Notice: March 11, 2025 L0013808599Notice Number:
FEIN: **-***1655
Case ID: 18482402
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
AMERINATIONAL COMMUNITY SERVICES
217 S NEWTON AVE
ALBERT LEA MN 56007-2563
Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
COPY
..... *
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Mitid
Office of the Director
TO: Tia Mercer
FROM:
DATE:
Supervisory Contract Specialist/Contracting Officer
Government Operations
B h S Sh "fl
Digitally signed by Bethany
et pooner I ett Bethany Spooner Spooner
Agency Fiscal Officer
Date:2025.04.1715:14:St ,04•00·
Department of Housing and Community Development
Office of the Chief Financial Officer
April 17, 2025
* * *W�AR�
W4$MINGT0N
[C
SUBJECT: Contract Award - Loan Servicing Contract (AmeriNational Community Service -
CW119169)
This memorandum certifies that funding in the amount $958,114 is available for the Loan
Servicing contract for the Department of Housing and Community Development in the FY 2025
budget. This contract will support costs associated with loan servicing for the department in
their affordable housing and home purchase assistance programs.
The bud.s_et allocation for the FY25 estimated cost is as follows:-
AGENCY Program Fund Account AMOUNT
DB0 LOAN PORTFOLIO 1010001 7132001 $799,824
MANAGEMENT COMPLIANCE
(100019)
uzo EXECUTIVE ADMINISTRATION 4361003 7132001 $158,290
(100151)
Funding for the FY 2026 portion of the base period is subject to inclusion in an approved
400 6th Street, NW, Suite 79100, Washington, DC 20001 (202) 727-3400 Fax (202) 347-8922
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General
ATTORNEY GENERAL
BRIAN L. SCHWALB
Commercial Division
MEMORANDUM
TO: Sarina Loy
Deputy Director
Office of Policy and Legislative Affairs
FROM: Robert Schildkraut
Section Chief
Government Contracts Section
DATE: March 20, 2025
SUBJECT: Approval of Contract for Housing Assistance and Rehabilitation Program
Loan Services
Contractor: Amerinational Community Services, LLC
Contract Number: CW119169
Contract Amount: NTE $2,299,472.00
This is to Certify that this Office has reviewed the above-referenced Contract and that we have
found it to be legally sufficient. If you have any questions in this regard, please do not hesitate to
call me at 724-4018.
______________________________
Robert Schildkraut
Page 1 of 26
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement
December 4, 2024
Sent via email to athorson@amerinat.com
Adrienne Thorson
Chairwoman and CEO
AmeriNational Community Services
217 S. Newton Avenue
Albert Lea, MN 56007
Re: Letter Contract Number CW119169
Caption: Loan Services and Collections Management
Dear Andrienne Thorson:
This is a Letter Contract between The District of Columbia (“District”) Office of Contracting and
Procurement (“OCP”), and AmeriNational Community Services (“Contractor”), wherein the
Contractor agrees to provide loan services and collections management (“Service”). The purpose of
the service is to provide loan services, loan collection, loan confirmations, loan audit review, loan
cash flow analysis and collection, lease services, lease collection and foreclosure services as set
forth in the Statement of Work attached hereto and incorporated herein as Attachment A.
This is a requirements type contract with contingent fixed unit prices and a cost reimbursement
component, as set forth in the Pricing Schedule incorporated herein as Attachment B.
The District intends to definitize this Letter Contract within 120 days of the date of the award
(the date the Contracting Officer signs this Letter Contract), at which time this Letter Contract
shall merge with the definitized contract. Before the expiration of 120 days, the Contracting
Officer may authorize an extension in accordance with the District of Columbia Municipal Regulations
(DCMR) Title 27, Section 2425.9. The price ceiling for the anticipated definitive contract is
$2,299,472.00.
If the District does not definitize this letter contract within 120 calendar days from date of award or any
extensions thereof, this letter contract shall expire. In the event of expiration of this letter contract, the District
shall pay Contractor for services performed for a not-to-exceed amount of $799,824.00.
The duration of the definitized contract shall be one year from the date of the award of this Letter
Contract. The Contractor shall use the first 120 days of the Letter Contract to immediately start
the Loan Services and Collections Management. In no event shall the amount paid under this letter
contract, or any extensions thereof, exceed 50% of the total definitized contract amount.
12/5/2024
AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT
1. Contract Number Page of Pages
CW119169 1 2
2. Amendment/Modification
Number
3. Effective Date 4. Requisition/Purchase Request No. 5. Solicitation Caption
Loan Services and Collection
Management
M001 See Box 16C N/A
6. Issued by: Code 7. Administered by (If other than line 6)
Office of Contracting and Procurement
441 4th Street, NW Suite 330 South
Washington, DC 20001
Department of Housing and Community Development
1909 Martin Luther King Jr. Avenue S.E.
Washington, DC 20020
8. Name and Address of Contractor (No. street, city, county, state and zip code)
AmeriNational Community Services
217 S. Newton Avenue
Albert Lea, MN 56007
9A. Amendment of Solicitation No.
9B. Dated (See Item 11)
X
10A. Modification of Contract/Order No.
CW119169
Code
Facility
10B. Dated (See Item 13)
12/5/2024
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning ____1_____ copies of the amendment: (b) By acknowledging receipt of this amendment on each copy of the
offer submitted; or (c) BY separate letter or fax which includes a reference to the solicitation and amendment number. FAILURE OF YOUR
ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED
MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such may be made by letter
or fax, provided each letter or telegram makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
PO210124
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS ,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
A. This change order is issued pursuant to (Specify Authority): 27 DCMR 3601.2
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
data
etc.) set forth in item 14, pursuant to the authority of 27 DCMR, Chapter 36, Section 3601.2.
C. This supplemental agreement is entered into pursuant to authority of:
X D. Other (Specify type of modification and authority)
Contract Modification - 27 DCMR Section 3601.2 (c ), and Section 2005.2 (b )
E. IMPORTANT: Contractor is not is required to sign this document and return _1__ copies to the issuing office.
14. Description of Amendment/Modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
This modification to the Contract identified in Block 10A above is hereby modified as described below:
1. The Period of Performance of the letter contract is extended for an additional 30 days from April 5, 2025
to May 4, 2025 at no additional cost to allow approval of the proposed definitized contract to be approved by
Council.
.
(all other terms and conditions remain unchanged)
Except as provided herein, all terms and conditions of the document is referenced in Item 9A or 10A remain unchanged and in full force and effect.
15A. Name and Title of Signer (Type or print)
16A. Name of Contracting Officer
Tia Mercer
15B. Name of Contractor
(Signature of person authorized to sign)
15C. Date Signed 16B. District of Columbia
(Signature of Contracting Officer)
16C. Date Signed
Adrienne Thorson, CEO
3/24/25
3/24/2025
2
AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT
1. Contract Number Page of Pages
CW119169 2 2
Contract Recap:
Executed Letter Contract Awarded –12/5/2024-4/4/2025 (120 days) $799,824.00
Modification 0001 No-cost extension 4/5/2025-5/4/2025 (30 days) $0.00
AWARD/CONTRACT
1. Solicitation No.
Doc708246
Page of Pages
1 71
2. Contract Number
CW119169
3. Effective Date
December 4, 2024
4. Requisition/Purchase Request/Project No.
5. Issued By : Code 6. Administered by (If other than line 5)
Office of Contracting and Procurement
441 4th Street, NW, Suite 330 South
Washington, D.C. 20001
Department of Housing and Community Development
Procurement Section
1909 Martin Luther King Jr. Avenue SE, 3rd Floor
Washington, D.C. 20020
7. Name and Address of Contractor (No. street, city, county, state and
Zip Code)
Amerinational Community Services, LLC
217 S. Newton Avenue
Albert Lea, MN 56007
8. Delivery
FOB Origin FOB Destination
9. Discount for prompt payment
10. Submit invoices to the Address shown in
Same as Block 12 and Section G
Item
Article
G.2 Duns No. TIN
11. Ship to/Mark For Code 12. Payment will be made by Code
13. Reserved for future use 14. Accounting and Appropriation Data
ENCUMBRANCE CODE: N/A
15A. Item 15B. Supplies/Services
as described in Section C
15C. Qty. 15D. Unit 15E. Unit Price 15F.
Maximum
Amount
Loan Services and Collections Management See Section B.3.1
Price Schedule
Estimated Not-to—Exceed (NTE) Amount
NTE $2,299,472.00
16. Table of Contents
(X) Section Description Page (X) Section Description Page
PART I – THE SCHEDULE PART II – CONTRACT CLAUSES
X A Contract Form 1 X I Contract Clauses 56
X B Supplies or Services & Cost/Price 2 X PART III – LIST OF DOCUMENTS, EXHIBITS AND
OTHER ATTACHMENTS
X C Services 10 J List of Attachments 70
X D Packing and Marking 31 PART IV – REPRESENTATIONS AND INSTRUCTIONS
X E Inspection and Acceptance 32 K Representations,
Certifications and Other
Statements of
xxxx
X F Contract Term 33
X G Contract Administration data 37 L Instructions, conditions &
notices to offerors
xxxx
X H Special Contract Requirements 45 M Evaluation factors for award xxxx
Contracting Officer will complete Item 17 or 18 as
17. CONTRACTOR’S NEGOTIATED AGREEMENT Contractor is
required to sign this document and return copies to issuing office.)
Contractor agrees to furnish and deliver all items, perform all the services
set forth or otherwise identified above and on any continuation sheets, for
the consideration stated herein. The rights and obligations of the parties to
this contract shall be subject to and governed by the following documents:
(a) this award/contract, (b) the solicitation, if any, and (c) such provisions,
representations, certifications, and specifications, as are attached or
incorporated by reference herein. (Attachments are listed herein.)
18. AWARD Your offer on Solicitation Number
_Doc708246 including the additions or changes made by
which additions or changes are set forth in full above, is hereby
accepted as to the items listed above and on any continuation
sheets. This award consummates the contract which consists of
the following documents: (a) the Government’s solicitation and
your offer, and (b) this award/contract. No further contractual
document is necessary.
19A. Name and Title of Signer (Type or print) 20A. Name of Contracting Officer
Tia Mercer
19B. Name of Contractor
(Signature of person authorized to sign)
19C. Date Signed 20B. District of Columbia
(Signature of Contracting Officer)
20C. Date Signed
Government of the District of Columbia
Office of Contracting and Procurement
Adrienne Thorson
4/10/25
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
Page 2 of 71
SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND
PRICE/COST
B.1 The District of Columbia Office of Contracting and Procurement, on behalf of the
Department of Housing and Community Development (DHCD) (DHCD and/or the
District) is awarding a contract to Amerinational Community Services located at 217 S.
Newton Avenue, Albert Lea, MN 56007, to provide loan services, collection,
confirmations, audit review, cash flow analysis and collection, lease services, lease
collection and foreclosure services as specified in Section C.5-Requirements, for its
current and future amortized and deferred loans for eleven sponsored housing assistance
and rehabilitation programs in the District.
B.2 The District is awarding a requirements contract with fixed unit prices and percentages
with a not-to-exceed amount (NTE) of $2,299,472.00 for the Base Period. The estimated
amount of each Contract Line-Item Numbers (CLIN) constitutes the maximum limit of
the contractor's obligation to perform and the District's obligation to order, in the total
NTE set forth for the Base Period and each option period.
Payment is based on fixed unit price and percentages expressed by the actual amount of
funds collected plus a fixed monthly maintenance price for each deferred loan maintained
on the Contractor's system.
In addition, there is a cost reimbursement component for: (a) direct costs incurred in
performing foreclosures that include legal fee payment, and (b) direct fees levied by the
D.C. Department of Insurance, Securities and Banking; within the total cost-
reimbursement NTE amount.
B.2.1 REQUIREMENTS CONTRACT
The District will purchase its requirements of the articles or services included herein from
the Contractor. The annual estimated amount of collections and the estimated number of
loans maintained stated herein reflect the best estimates available. The estimate shall not
be construed as a representation that the annual estimated amount of collections and the
estimated number of loans maintained will be required or ordered, or that conditions
affecting requirements will be stable. The annual estimated amount of collections and the
estimated number of loans maintained shall not be construed to limit the amount of
collections and estimated number of loans maintained which may be ordered from the
Contractor by the District or to relieve the Contractor of its obligation to fill all such
orders.
a) Delivery or performance shall be made only as authorized in accordance with the
Ordering Clause, Section G.10. The District may issue orders requiring delivery to
multiple destinations or performance at multiple locations. If the District urgently
requires delivery before the earliest date that delivery may be specified under this
contract, and if the Contractor shall not accept an order providing for the accelerated
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
Page 3 of 71
delivery, the District may acquire the urgently required goods or services from
another source.
b) There is no limit on the number of orders that may be issued.
c) Any order issued during the effective period of this contract and not completed
within that period shall be completed by the Contractor within the time specified in
the order. The contract shall govern the Contractor's and District's rights and
obligations with respect to that order to the same extent as if the order were
completed during the contract's effective period; provided that the Contractor shall
not be required to make any deliveries under this contract after expiration date of the
contract.
B.3 PRICE SCHEDULE - REVISED
B.3.1 BASE PERIOD
B.3.1.1 CLIN# 0001 - Contingent Fixed Unit Price Proposal For Loan
Services, Lease Services And Collection For Home Purchase
Assistance Program (HPAP), Employee-Assisted Housing Program
(EAHP), Metropolitan Police Housing Assistance Program (MPHAP),
Single-Family Housing Rehabilitation Deferred and Amortized Program
(SFHRP), Multi-Family Housing Rehabilitation Program (MFHRP),
Economic Development Program (EDP), Housing Production Trust Fund
(HPTF), Unified Funds, Land Acquisition for Housing Development
Opportunities (LAHDO), Tax Credit Assistance Program (TCAP) and
Neighborhood Stabilization Program (NSP) Loans.
(A)
CLIN
(B)
ITEM DESCRIPTION
(C)
ANNUAL
ESTIMATED
AMOUNT OF
COLLECTIONS
(D)
CONTINGENT
FIXED UNIT
PRICE
(BASED ON
PERCENTAGE)
(E)
NOT TO
EXCEED
CEILING
(C X D = E)
0001 Provide Loan Services,
Lease Services and
Collection For HPAP,
EAHP, MPHAP, SFHRP,
MFHRP, EDP, HPTF,
Unified Funds, LAHDO,
TCAP and NSP Loans
$11,000,000 12.8% $1,408,000.00
B.3.1.2 CLIN# 0002 - Monthly Maintenance of each HPAP, EAHP, MPHAP,
EDP AND SFHRP deferred loan on the Contractor’s Loan Services
System.
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
Page 4 of 71
(A)
CLIN
(B)
ITEM DESCRIPTION
(C)
ANNUAL
ESTIMATED
NUMBER OF
LOANS
MAINTAINED
(D)
FIXED
MONTHLY
UNIT PRICE
(E)
NOT TO
EXCEED
CEILING
((C x D) x
12=E)
0002 Monthly Maintenance of
Each HPAP, EAHP,
MPHAP, EDP AND SFHRP
Deferred Loan On The
Contractor’s Loan Services
System, as specified in
Section C.5
5,764 $4.00 $276,672.00
B.3.1.3 CLIN# 0003 - COST SCHEDULE – DIRECT COST
REIMBURSEMENT
(A)
CLIN
(B)
ITEM DESCRIPTIONS AS SPECIFIED IN
SECTION C.5
(C)
NOT TO EXCEED
AMOUNT
0003 Provide direct cost reimbursement for
foreclosure services as specified in
section C.5.52
NTE $614,800
The NTE amount for the Base Period (B.3.1): $2,299,472.00.
B.3.2 OPTION PERIOD ONE
B.3.2.1 CLIN# 1001 - Contingent Fixed Unit Price Proposal For Loan
Services, Lease Services And Collection For HPAP, EAHP, MPHAP,
SFHRP, MFHRP, EDP, HPTF, Unified Funds, LAHDO, TCAP and
NSP LOANS.
CLIN
(B)
ITEM DESCRIPTION
(C)
ANNUAL
ESTIMATED
AMOUNT OF
COLLECTIONS
(D)
CONTINGENT
FIXED UNIT
PRICE
(BASED ON
PERCENTAGE)
(E)
NOT TO
EXCEED
CEILING
(C X D = E)
1001 Provide Loan Services,
Lease Services and
Collection For HPAP,
EAHP, MPHAP, SFHRP,
MFHRP, EDP, HPTF,
Unified Funds, LAHDO,
TCAP and NSP Loans
$11,000,000 12.8% $1,408,000.00
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
Page 5 of 71
B.3.2.2 CLIN# 1002 - Monthly Maintenance of each HPAP, EAHP, MPHAP,
EDP AND SFHRP deferred loan on the Contractor’s Loan Services
System.
(A)
CLIN
(B)
ITEM DESCRIPTION
(C)
ANNUAL
ESTIMATED
NUMBER OF
LOANS
MAINTAINED
(D)
FIXED
MONTHLY
UNIT PRICE
(E)
NOT TO
EXCEED
CEILING
((C x D) x
12=E)
1002 Monthly Maintenance of
Each HPAP, EAHP,
MPHAP, EDP AND SFHRP
Deferred Loan On The
Contractor’s Loan Services
System, as specified in
Section C.5
5,764 $4.00 $276,672.00
B.3.2.3 CLIN# 1003 - COST SCHEDULE – DIRECT COST
REIMBURSEMENT
(A)
CLIN
(B)
ITEM DESCRIPTIONS AS SPECIFIED IN
SECTION C.5
(C)
NOT TO EXCEED
AMOUNT
1003 Provide direct cost reimbursement for
foreclosure services as specified in
section C.5.52
NTE $614,800
The NTE amount for the Option Period One (B.3.2): $2,299,472.00
B.3.3 OPTION PERIOD TWO
B.3.3.1 CLIN# 2001 - Contingent Fixed Unit Price Proposal For Loan
Services, Lease Services And Collection For HPAP, EAHP, MPHAP,
SFHRP, MFHRP, EDP, HPTF, Unified Funds, LAHDO, TCAP and
NSP LOANS.
(A)
CLIN
(B)
ITEM DESCRIPTION
(C)
ANNUAL
ESTIMATED
AMOUNT OF
COLLECTIONS
(D)
CONTINGENT
FIXED UNIT
PRICE
(BASED ON
PERCENTAGE)
(E)
NOT TO
EXCEED
CEILING
(C X D = E)
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
Page 6 of 71
2001 Provide Loan Services,
Lease Services and
Collection For HPAP,
EAHP, MPHAP, SFHRP,
MFHRP, EDP, HPTF,
Unified Funds, LAHDO,
TCAP and NSP Loans
$11,000,000 $13.71% $1,508,100.00
B.3.3.2 CLIN# 2002 - Monthly Maintenance of each HPAP, EAHP, MPHAP,
EDP AND SFHRP deferred loan on the Contractor’s Loan Services
System.
(A)
CLIN
(B)
ITEM DESCRIPTION
(C)
ANNUAL
ESTIMATED
NUMBER OF
LOANS
MAINTAINED
(D)
FIXED
MONTHLY
UNIT PRICE
(E)
NOT TO
EXCEED
CEILING
((C x D) x
12=E)
2002 Monthly Maintenance of
Each HPAP, EAHP,
MPHAP, EDP AND SFHRP
Deferred Loan On The
Contractor’s Loan Services
System, as specified in
Section C.5
5,764 $4.00 $276,672.00
B.3.3.3 CLIN# 2003 - COST SCHEDULE – DIRECT COST
REIMBURSEMENT
(A)
CLIN
(B)
ITEM DESCRIPTIONS AS SPECIFIED IN
SECTION C.5
(C)
NOT TO EXCEED
AMOUNT
2003 Provide direct cost reimbursement for
foreclosure services as specified in
section C.5.52
NTE $614,800
The NTE amount for the Option Period Two (B.3.3): _ $2,399,572.00
B.3.4 OPTION PERIOD THREE
B.3.4.1 CLIN# 3001 - Contingent Fixed Unit Price Proposal For Loan
Services, Lease Services And Collection For HPAP, EAHP, MPHAP,
SFHRP, MFHRP, EDP, HPTF, Unified Funds, LAHDO, TCAP and
NSP LOANS.
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
Page 7 of 71
(A)
CLIN
(B)
ITEM DESCRIPTION
(C)
ANNUAL
ESTIMATED
AMOUNT OF
COLLECTIONS
(D)
CONTINGENT
FIXED UNIT
PRICE
(BASED ON
PERCENTAGE)
(E)
NOT TO
EXCEED
CEILING
(C X D = E)
3001 Provide Loan Services,
Lease Services and
Collection For HPAP,
EAHP, MPHAP, SFHRP,
MFHRP, EDP, HPTF,
Unified Funds, LAHDO,
TCAP and NSP Loans
$11,000,000 14.12% $1,553,200.00
B.3.4.2 CLIN# 3002 - Monthly Maintenance of each HPAP, EAHP, MPHAP,
EDP AND SFHRP deferred loan on the Contractor’s Loan Services
System.
(A)
CLIN
(B)
ITEM DESCRIPTION
(C)
ANNUAL
ESTIMATED
NUMBER OF
LOANS
MAINTAINED
(D)
FIXED
MONTHLY
UNIT PRICE
(E)
NOT TO
EXCEED
CEILING
((C x D) x
12=E)
3002 Monthly Maintenance of
Each HPAP, EAHP,
MPHAP, EDP AND SFHRP
Deferred Loan On The
Contractor’s Loan Services
System, as specified in
Section C.5
5,764 $4.00 $276,672.00
B.3.4.3 CLIN# 3003 - COST SCHEDULE – DIRECT COST
REIMBURSEMENT
(A)
CLIN
(B)
ITEM DESCRIPTIONS AS SPECIFIED IN
SECTION C.5
(C)
NOT TO EXCEED
AMOUNT
3003 Provide direct cost reimbursement for
foreclosure services as specified in
section C.5.52
NTE $614,800
The NTE amount for the Option Period Three (B.3.4): $2,444,672.00
B.3.5 OPTION PERIOD FOUR
B.3.5.1 CLIN# 4001 - Contingent Fixed Unit Price Proposal For Loan
Services, Lease Services And Collection For HPAP, EAHP, MPHAP,
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
Page 8 of 71
SFHRP, MFHRP, EDP, HPTF, Unified Funds, LAHDO, TCAP and
NSP LOANS.
(A)
CLIN
(B)
ITEM DESCRIPTION
(C)
ANNUAL
ESTIMATED
AMOUNT OF
COLLECTIONS
(D)
CONTINGENT
FIXED UNIT
PRICE
(BASED ON
PERCENTAGE)
(E)
NOT TO
EXCEED
CEILING
(C X D = E)
4001 Provide Loan Services,
Lease Services and
Collection For HPAP,
EAHP, MPHAP, SFHRP,
MFHRP, EDP, HPTF,
Unified Funds, LAHDO,
TCAP and NSP Loans
$11,000,000 $14.27% $1,569,700.00
B.3.5.2 CLIN# 4002 - Monthly Maintenance of each HPAP, EAHP, MPHAP,
EDP AND SFHRP deferred loan on the Contractor’s Loan Services
System.
(A)
CLIN
(B)
ITEM DESCRIPTION
(C)
ANNUAL
ESTIMATED
NUMBER OF
LOANS
MAINTAINED
(D)
FIXED
MONTHLY
UNIT PRICE
(E)
NOT TO
EXCEED
CEILING
((C x D) x
12=E)
4002 Monthly Maintenance of
Each HPAP, EAHP,
MPHAP, EDP AND SFHRP
Deferred Loan On The
Contractor’s Loan Services
System, as specified in
Section C.5
5,764
$4.00
$276,672.00
B.3.5.3 CLIN# 4003- COST SCHEDULE – DIRECT COST
REIMBURSEMENT
(A)
CLIN
(B)
ITEM DESCRIPTIONS AS SPECIFIED IN
SECTION C.5
(C)
NOT TO EXCEED
AMOUNT
4003 Provide direct cost reimbursement for
foreclosure services as specified in
section C.5.52
NTE $614,800
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
Page 9 of 71
The NTE amount for the Option Period Four (B.3.5): $2,461,172.00
B.3.6 SUMMARY PAGE
Period of Performance Total Not to Exceed Ceiling
B.3.1 Base $2,299,472.00
B.3.2 Option One $2,299,472.00
B.3.3 Option Two $2,399,572.00
B.3.4 Option Three $2,444,672.00
B.3.5 Option Four $2,461,172.00
Estimate Total NTE Amount: $11,904,360.00
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
Page 10 of 71
SECTION C: SPECIFICATIONS/WORK STATEMENT
C.1 SCOPE:
The Department of Housing and Community Development (DHCD) is seeking a
contractor (licensed loan servicer) to provide loan services, loan collection, loan
confirmations, loan audit review, loan cash flow analysis and collection, lease services,
lease collection and foreclosure services that include legal fee payments for its current
and future amortized and deferred loans for eleven housing assistance and rehabilitation
programs in the District:
1. Home Purchase Assistance Program,
2. Employee-Assisted Housing Program,
3. Metropolitan Police Housing Assistance Program, Single-Family Housing
Rehabilitation Deferred and Amortized Program,
4. Multi-Family Housing Rehabilitation Program,
5. Economic Development Program,
6. Housing Production Trust Fund,
7. Unified Funds,
8. Tax Credit Assistance Program,
9. Neighborhood Stabilization Program Loans, and
10. Land Acquisition for Housing Development Opportunities.
C.2 APPLICABLE DOCUMENTS
The following documents and laws as updated are applicable to this procurement and are
hereby incorporated by this reference:
Item
No.
Document
Type
Title Date
1 DC Act DC Law 11-155, Mortgage Lender and Broker
Act of 1996
https://code.dccouncil.gov/us/dc/council/laws/1
1-155
9/9/1996
2 US Code The Privacy Act of 1974 as amended by Public
Law 93-579 Section 3, 5 USC Section 552a -
Records maintained on individuals
https://www.law.cornell.edu/uscode/text/5/552a
12/31/1974
3 Public Law Federal Trade Commission (FTC), Fair Debt
Collection Practices Act, as amended by Public
Law 111-203, title X, 124 Stat. 2092 (2010),
15 USC Sections 1692-1692p.
2010
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Page 11 of 71
https://www.ftc.gov/legal-
library/browse/rules/fair-debt-collection-
practices-act-text
4 EOP/OMB
Policy
Executive Office of the President, OMB Circular
A-129 Revised, Policies for Federal Credit
Programs and Non-Tax Receivables
https://www.whitehouse.gov/wp-
content/uploads/legacy_drupal_files/omb/circular
s/A129/a-129.pdf
January 2013
5 Act Fair Credit Reporting Act, 15 US Code Section
1681 - Congressional findings and statement of
purchase.
https://www.gpo.gov/fdsys/pkg/USCODE-2011-
title15/pdf/USCODE-2011-title15-chap41-
subchapIII.pdf
1970
7 Legal Code D.C. Code § 42-2601, Establishment; purpose,
unexpended balance.
https://code.dccouncil.gov/us/dc/council/code/sec
tions/42-2601
Current
8 Legal Code D.C. Code §42-3806, Assistance available for
Metropolitan Police Officers.
https://code.dccouncil.gov/us/dc/council/code/s
ections/42-3806
Current
9 Regulation 14 DCMR, Chapter 25, Home Purchase
Assistance Program
http://dcrules.elaws.us/dcmr/t14_ch14-25
Current
10 Regulation 14 DCMR 14-3607, Metropolitan Police Housing
Assistance Program
http://dcrules.elaws.us/dcmr/14-3607
Current
11 Regulation 14 DCMR Chapter 28, Residential Rehabilitation
Assistance Program
http://dcrules.elaws.us/dcmr/t14_ch14-28
Current
12 Legal Code DC Code § 1-1501.01, District of Columbia
Reorganization Plan No. 3 of l975
https://code.dccouncil.gov/us/dc/council/code/sec
tions/1-1501.02
July 25, 1975
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13 Legal Code DC Code § 6-1003, Community Development
Program — Activities permitted.
https://code.dccouncil.gov/us/dc/council/code/sec
tions/6-1003
Cuurent
C.3 DEFINITIONS:
These terms when used in this RFP have the following meanings:
C.3.1 Active Loans: Loans that are less than 90 days delinquent.
C.3.2 Amortized Loans: Loans on which a fixed installment payment is due.
C.3.3 Appropriated District Funds: are any additional dollars that the DC Council
approves to be allocated to DHCD for the use in acquiring, producing or
preserving affordable housing.
C.3.4 Cash Flow Loans: Loans that have an amortized monthly payment calculated;
but are paid once a year if surplus cash is available after an audit of their project
has been conducted
C.3.5 Community Development Block Grant (CDBG): This program supports
community development activities to build stronger and more resilient
communities. To support community development, activities are identified
through an ongoing process. Activities may address needs such as
infrastructure, economic development projects, public facilities installation,
community centers, housing rehabilitation, public services,
clearance/acquisition, microenterprise assistance, code enforcement,
homeowner assistance, etc.
C.3.6 Deferred Loans: Loans on which no payment is due. Payment is deferred to a
future date (in some cases, payment is not due until the property is sold or
ownership is transferred.
C.3.7 Electronic file folder: Maintain a folder of electronic copies of notes, deeds,
correspondence, service documents for each borrower.
C.3.8 Electronic format: Industry standard file formats such as CSV, XML, SQL,
PDF etc.
C.3.9 Emphasys: a software licensed asset management module used as DHCD’s
system of record for the loan portfolio.
C.3.10 FileNet: IBM developed software to help enterprises manage their content and
business processes. DHCD’s electronic document management system.
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
Page 13 of 71
C.3.11 Fiscal Reporting Period: The period of time reflected in financial statements is
per fiscal year as pertaining to accounting period or the expected starting date
on October 1 to the end date on September 31 of the fiscal year.
C.3.12 Foreclosure: A legal process by which the lender or the seller forces a sale of a
mortgaged property because the borrower has not met the terms of the loan, also
known as a repossession of property.
C.3.13 HOME federal funds: The HOME Investment Partnerships Program (HOME)
provides formula grants to states and localities that communities use - often in
partnership with local nonprofit groups - to fund a wide range of activities
including building, buying, and/or rehabilitating affordable housing for rent or
homeownership or providing direct rental assistance to low-income people.
HOME is the largest federal block grant to state and local governments
designed exclusively to create affordable housing for low-income households.
HOME funds are awarded annually as formula grants to participating
jurisdictions (PJs). The program’s flexibility allows states and local
governments to use HOME funds for grants, direct loans, loan guarantees or
other forms of credit enhancements, or rental assistance or security deposits.
C.3.14 Housing Production Trust Funds: The Housing Production Trust Fund
(HPTF) is the major tool used to produce and preserve affordable housing in the
District of Columbia. It is a special revenue fund administered by DHCD’s
Development and Finance Division (DFD) that provides gap financing for
projects affordable to low- and moderate-income households.
C.3.15 Loan Workout/Foreclosure Services: A legal process where a mortgaged
asset is protected by a lender or servicer from foreclosure by cancellation or
financial workout and sale to new owner. Also known as Tax Sale cancellation
that requires repayment of legal fees.
C.3.16 Satisfied and Cancelled: a financial industry term for filing defines that the
loan is paid off.
C.3.17 Seriously Delinquent: Loans that are 90 days or more delinquent.
C.4 BACKGROUND
C.4.1 Department of Housing and Community Development (DHCD) developed an
overall housing assistance and rehabilitation strategy to provide financial
assistance to low- and moderate-income citizens through the several housing
assistance and rehabilitation programs in the District of Columbia. The funds
received from these programs are to give citizens the ability to afford
homeownership in the District of Columbia. The housing assistance programs
(such as HPAP, EAHP, and MPHAP) provide interest-free and low interest loans
to qualified
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Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
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applicants to enable them to purchase homes, condominiums, and own shares in
cooperative apartments located within the District of Columbia. DHCD issues,
both, amortized mortgage loans at or below market interest rates and no interest
deferred loans where a lien is placed on the property. There is no monthly
repayment of the indebtedness. The deferred loans are either forgiven over a
fixed period of years or repaid at some specified future date. These loans must be
paid off in full if the property is transferred or sold. All amortized and/or deferred
loans must be paid off if the borrower ceases to use the property as his/her
principal place of residence.
C.4.2 The Home Purchase Assistance Program (HPAP) is authorized by D.C. Code §
42-2601 and the HPAP Regulations are set forth in Title 14 DCMR, Chapter 25.
C.4.3 The Metropolitan Police Housing Assistance Program (MPHAP), was authorized
by D.C. Code §42-3806 and set forth in Title 14 DCMR, Chapter 36.
C.4.4 The Single-Family Housing Rehabilitation Program (SFHRP) and Deferred and
Amortized Program Loans provide low-cost financing for the rehabilitation of one
(1) to four (4) unit housing which is either owner-occupied or investor-owned and
located in the District of Columbia. The program provides low interest amortized
loans for up to twenty (20) years, and deferred loans, depending on the financial
circumstances of the borrower and the amount of rehabilitation required to correct
D.C. Housing Code deficiencies/violations on the property. Loans may be in
conjunction with a participating private lender. Deferred loans must be paid off in
full if the property is refinanced, transferred or sold.
C.4.5 The Multi-Family Housing Rehabilitation Program (MFHRP) is a source of low-
cost interim and permanent phased construction financing for the rehabilitation of
residential properties containing five (5) or more units located primarily in
Community Development areas of the District of Columbia.
C.4.6 The SFHRP and MFHRP are authorized by Title 14 DCMR, Chapter 28.
C.4.7 The Economic Development Program (EDP) Loans are authorized by the District
of Columbia Reorganization Plan No. 3 of l975 and D.C. Code § 6-1003. To assist
economic development in the District, the Government has established an EDP
which assists with various economic development activities in the District, as well
as, makes loans to District-based businesses to assist with expansion, business
capital needs, and purchases of land/building and equipment.
C.4.8 LOAN PORTFOLIO PROFILE
C.4.8.1 Single Family Loan Portfolio Profile
The status of the Home Purchase Assistance Program (HPAP), Employee-
Assisted Housing Program (EAHP), Metropolitan Police Housing Assistance
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Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
Page 15 of 71
Program (MPAP), and Neighborhood Stabilization Program (NSP) as of
09/30/23 is:
Profile Description Total Number /
Percentage
Dollar Value
Amortized Loans (Active) 2570 $70,965,288
Amortized Loans (Seriously
Delinquent – 90 days or
more) included above.
638
$3,803,635
Number of deferred loans 5600 $235,472,228
Average Amortized Loan
Balance $37,507 $85,271,008
Average number of loans made per month (based on FY2023):
Amortized
Deferred
Total loans being serviced
as of 09/30/23 8170 $306,437,516
Percentage of Delinquency
(No. of Amortized Loans) 19.10% $7,991,553
Monthly payments range from $15.00 to $179 (Amortized loans)
Interest Rate (Amortized
Loans) 0% to 5%
Term of Amortized Loans 10 to 30 years
Age of Delinquency as of September 30, 2023:
No of Days Delinquent No of Loans
01 - 29 days 0
30 - 59 days 62
60 - 89 days 29
90 + days 638
C.4.8.2 MFHRP Loan Portfolio Profile
The status of the Multi-Family Housing Rehabilitation Program (MFHRP) loan
portfolio as of 09/30/23:
Profile Description Total Number / Percentage Dollar Value
Number of loans 480 $1,559,449,219
Number of Seriously
Delinquent loans 12 $17,831,396.45
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Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
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Average loan balance $3,248,852
Average number of loans
made per month
(October to September)
3
Monthly payments all loans range from $106 to $ 29,257
Interest Rate 0% to 7%
Term of loans 10 to 40 years
Age of Delinquency as of 09/30/23
Profile Description Total Number
01 - 29 days 0
30 - 59 days 0
60 - 89 days 1
90 + days 11
C.4.9 Agency Loan Profile Production
C.4.9.1 The chart summaries the production of loan profile revenue from the
DHCD Housing Assistance Programs for the past five (5) years:
Calendar
Year
Number of
Loans
Dollar Volume of
Loans Purchased
2019 8,355 $1,403,915,531
2020 8,595 $1,481,027,035
2021 8,631 $1,507,512,202
2022 8,657 $1,576,983,458
2023 8,974 $1,836,232,606
C.5 REQUIREMENTS
C.5.1 The Contractor shall be responsible for performing the required tasks
necessary to fully maintain all existing and future amortized, cash flow, and
deferred loan accounts of the eleven (11) housing assistance and
rehabilitation programs: HPAP, EAHP, MPHAP, SFHRP, MFHRP, HPTF,
Unified Funds, TCAP, LAHDO, NSP and EDP.
C.5.2 The Contractor shall maintain on its loan services database all existing leases,
future amortized loans, and deferred loans that are submitted to the Contractor by
the DHCD’s Office of the Chief Financial Officer.
C.5.3 The Contractor shall provide lease services and lease collections for all existing
and future leases.
C.5.4 The Contractor shall provide loan services, loan confirmations, loan cash flow
analysis with audit review, and loan collection for all existing and future
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
Page 17 of 71
amortized loans.
C.5.5 The Contractor shall provide loan services, loan confirmations, loan cash flow
analysis with audit review, and loan collection on all deferred loans as they
become amortized or are paid off.
C.5.6 The Contractor shall maintain on paper in an individual file (electronic file folder
format) for each loan. The individual loan file folder shall include, at a
minimum, the following items:
a. borrower’s name,
b. borrower’s address and current telephone number,
c. loan amount,
d. Square -Lot
e. Social Security number
f. principal balance,
g. interest rate on loan,
h. interest paid to date,
i. number of payments received late,
j. late charges assessed (if any),
k. type of loan (e.g., HPAP, EAHP, MPHAP, SFHRP, MFHRP, or EDP),
l. kind of loan (e.g., deferred or amortized),
m. amount collected and paid from escrow account for taxes and insurance (if
applicable), and
n. type of lease (e.g., LAHDO)
C.5.7 The Contractor shall prepare a Monthly Transaction Activity Report which shall
include all transactions that were recorded to each loan account during the
month (See Sample in Exhibit 5 of Section J). These transactions shall include,
but are not limited to, payment received, amount credited to interest, amount
credited to principal, and late fixed unit price paid (if any). The transactions
shall be grouped by funding source as described in CLIN of the price schedule
in Sections B.3.1, B.3.2, B.3.3, B.3.4 and B.3.5 of the contract. The Transaction
Activity Report shall segregate portfolios into the following categories:
a. HPAP, EAHP, MPHAP, and amortized loans;
b. HPAP, EAHP, MPHAP, and deferred loans;
c. SFHRP loans (amortized),
d. SFHRP loans (deferred),
e. MFHRP loans,
f. HPTF,
g. NSP,
h. TCAP;
i. EDP loans, and
j. LAHDO
C.5.8 Reserved
C.5.9 Reserved
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Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
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C.5.10 Reserved
C.5.10.1 Based on the information from Citibank, the Contractor shall
account for all funds collected relative to the loan programs. The
monthly report shall account for the total funds collected by funding
sources (e.g., CDBG, HOME federal funds, Housing Production
Trust Funds, and Appropriated District Funds) and shall be
submitted within ten (10) business days after the end of the fiscal
reporting period. The information presented in the report shall be
grouped separately for each of the following portfolios:
a. HPAP, EAHP, MPHAP, and amortized loans;
b. HPAP, EAHP, MPHAP, and deferred loans;
c. SFHRP loans (amortized);
d. SFHRP loans (deferred);
e. MFHRP loan;
f. HPTF;
g. NSP;
h. TCAP;
i. EDP loans; and
j. LAHDO
C.5.11 The Contractor shall maintain a computerized software system that should
identify all loans based on their funding source (e.g., Community Development
Block Grant Funds, and Appropriated District Funds, etc.), the type of loan
program (e.g., HPAP, EAHP, MPHAP, SFHRP, MFHRP and EDP), kind of
loan amortized/deferred, and include the square and lot for all loans.
C.5.12 The Contractor shall provide the District with direct on-line access, through a
dedicated portal, to all portions of the portfolio. However, District will not be
allowed to make any changes to the information contained therein. District’s
access will be limited to review only.
C.5.13 The Contractor shall establish and maintain an automated data collection
system. The Contractor’s automated system must have the capability to:
a. Accept and accommodate data on all accounts;
b. Be updated daily;
c. Generate form letters, bills, and receipts, with the capability to recreate
each document;
d. Provide other information specified in RFP; and
e. Restrict access to data regarding the Department account solely to
employees of the specific collection activity within the Contractor’s
organization who are responsible for administering this contract.
Moreover, the Department’s account data shall not be released by the
Contractor, Subcontractor, or any other party or person whatsoever in
connection with the required services and collection efforts as described by
this contract without the express written permission of the DHCD’s Office
of Chief Financial Officer or Contract Administrator (CA).
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C.5.14 The Contractor shall maintain records of all actions (collection historical data)
taken on debtor’s accounts as prescribed by the proposed contract. The records
will be provided to the District on demand by the CA. The Contractor may
provide account histories by electronic transmission of documents.
C.5.15 The Contractor shall generate an electronic file for reporting on all interest paid
by the mortgagor and other borrowers in compliance with the Internal Revenue
Services (IRS) requirements relating to mortgage payments. The first report
shall be submitted to the contract administrator in month two after the award of
the contract; and to be submitted monthly thereafter.
C.5.16 The Contractor shall prepare a Monthly Computerized Trial Balance Report for
each loan program (See Sample in Exhibit 2 of Section J). The Report shall
show the following items for each loan in the portfolio: (a) unpaid principal
balance, interest due, (b) late fixed unit price due, (c) delinquent amount due,
(d) next payment due date and (e) payment amount. The loans shall be grouped
by funding source (e.g., CDBG, HOME federal funds and Appropriated District
Funds) and listed alphabetically by the borrower’s last name. The Trial Balance
should segregate each of the following portfolio types and any other that may be
added in the future.
C.5.16.1 The Contractor shall account for all funds collected relative to the loan
programs. The report shall account for the total funds collected by
funding sources (e.g., CDBG, Home Federal Funds and Appropriated
District Funds); and shall be submitted within ten (10) business days
after the end of the fiscal reporting period. The information presented
in the report shall be grouped separately for each of the following
portfolios:
a. HPAP, EAHP, MPHAP, and amortized loans;
b. HPAP, EAHP, MPHAP, and deferred loans;
c. SFHRP loans (amortized);
d. SFHRP loans (deferred);
e. MFHRP loan;
f. HPTF;
g. NSP;
h. TCAP;
i. EDP loans; and
j. LAHDO
C.5.17 The Contractor shall maintain an automated computerized system that provides
monthly recording of payments according to funding source, generates
delinquency notices to borrowers, monthly remittance; and other related
monthly loan reports that can be recreated; and tracks and reports loans paid in
full.
C.5.18 The Contractor shall establish within sixty days procedures for reporting all loan
accounts that are sixty (60) days or more delinquent to the major credit bureaus (such as
Equifax, TransUnion, and Experian) and submit to contract administrator upon request.
The Contractor shall report to the credit bureaus all information required by the credit
bureaus to establish and maintain accurate information on the borrower’s accounts.
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C.5.19 Custodial Disposition Account (Lockbox)
C.5.19.1 The Contractor shall utilize the lockbox established by Citibank, the
Custodial Disposition Account provider, to process payments. The
Contractor shall receive a standard payment file from Citibank that
identifies all payments processed for the day. The file shall be
acceptable to all parties, in form and substance. The Contractor shall
forward a validation file and stop file to Citibank, for validation of the
accounts that Citibank is to accept payments for and identify the
accounts that Citibank is to reject and return payments for. The
Contractor shall ensure that billing statements provided to Borrowers
contain machine-readable MICR lines to facilitate the accurate
application of payments to Borrower accounts. The Contractor shall
receive, from Citibank, a file in an agreed upon format that identifies
any insufficient funds (NSF) returns for payments received through the
lockbox.
C.5.19.2 The Contractor shall request authorization to establish recurring
Automated Clearing House (ACH) transactions with each Borrower via
the standard Hello Letter provided to each Borrower at the time of
transfer. For those Borrowers that provide authorization, the Contractor
shall provide a standard National Automated Clearing House
Association (NACHA) file to Citibank who will debit the Borrowers’
accounts provided in the authorization. The Contractor shall receive,
from Citibank, a file that is in agreed upon format to ensure accurate
application, by the Contractor, of payments received for each Borrower
via ACH debit. The NACHA file will be prepared to receive payments
via ACH on the 1st, 8th and 15th of each month. The Contractor shall
receive from Citibank, in agreed upon format, a file that identifies any
NSF returns of payments processed via ACH debit.
C.5.19.3 All other forms of payments received by the Contractor or DHCD shall
be forwarded to the lockbox vendor for processing though the lockbox
file.
C.5.20 The Contractor shall produce a demand letter or series of letters for the DHCD
and send them to the borrowers who are delinquent in their payments. The
letters shall instruct the borrowers to send remittances to the Contractor.
Demand letters can be produced in either first party or third-party format. First
party letters shall be sent on the DHCD letterhead and include the signature of a
District Government official. Third party letters shall be sent on the
Contractor’s letterhead and electronic copies retained on file.
C.5.21 The Contractor shall make telephone calls to delinquent borrowers for the
purpose of demanding payment on the accounts, prompting payment, or
securing information needed to determine the reason for the delinquency, and to
gain a commitment on future payments. In some cases of serious loan
delinquencies, property visits should be utilized. Calls shall be directed to the
borrower during appropriate times as required by the Fair Debt Collection Act,
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as amended, 15 U.S.C. 1692 et seq. and include only requests for payment. The
calls shall instruct the borrower to send remittances to the Contractor. The
content of the telephone message shall be provided by or approved by the
Contract Administrator (CA). The results of the telephone call shall be
documented by the Contractor. A call is defined as a completed call, where
contact is made with the borrower or any other party to the loan. The following
items are not considered as completed calls under this contract: busy signals,
answering machines, wrong or disconnected numbers and messages taken by
individuals not party to the debt.
C.5.22 The Contractor shall execute a twelve (12) month or (24) month repayment
agreement to assist borrowers to bring their delinquent loans current. In every
case where a repayment plan has been established for the debtor, the Contractor
shall set up the account on a monthly electronic billing schedule format
approved by the DHCD. The billing document shall indicate the debtor’s
current amount of principal, accrued interest and any late fixed unit prices,
where applicable. The Contractor shall advise debtors to make all payments
(such as checks, money orders) “payable” to Department of Housing and
Community Development. Any inquiry about the debt should be directed to the
Contractor’s office. The Contractor shall provide its address and telephone
number for this purpose. The Contractor shall require that all payments be
forwarded directly to the lockbox.
C.5.23 The Contractor shall submit to DHCD’s Office of the Chief Financial Officer
(CFO) and Portfolio and Asset Management Division (PAMD) copies of all
executed Repayment Agreements within thirty (30) days of issuance.
C.5.24 The Contractor shall maintain accurate balances for all loan accounts without
any thirty (30) day posting glitches.
C.5.25 The Contractor shall maintain adequate records of collection efforts including:
a. Dates the letters and notices were mailed with electronic copies,
b. Results of conversations discussed with borrowers,
c. Dates of personal contacts made, and
d. Reasons for prior delinquencies and current defaults.
C.5.26 The Contractor shall recommend housing counseling when it is determined that
a loan delinquency is a result of a legitimate financial hardship as an alternative
to foreclosure action.
C.5.27 The Contractor shall provide electronic notices to borrowers if the monthly
payments are increased or decreased.
C.5.28 The Contractor shall provide payoff or loan status information to DHCD’s
Office of the Chief Financial Officer’s staff or borrower within twenty-four (24)
hours upon written request from the contract administrator, PAMD, or the
OCFO.
C.5.29 The Contractor shall prepare a Monthly New Loan Report of all new loans
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forwarded to the Contractor from DHCD (See Sample in Exhibit 3 of Section J).
The first report shall be submitted to the contract administrator in month two
after the award of the contract; and to be submitted on a monthly basis
thereafter. The report shall include: (a) borrower’s full name, (b) account
number, (c) loan amount, (d) interest rate, (e) payment amount, (f) funding
source, and (g) square and lot, (h) social security number. The Trial Balance
should segregate each of the following portfolio types and any other related
types that may be added in the future:
a. HPAP, EAHP, MPHAP, and amortized loans,
b. HPAP, EAHP, MPHAP, and deferred loans,
c. SFHRP loans (amortized),
d. SFHRP loans (deferred),
e. MFHRP loans,
f. HPTF,
g. NSP,
h. LAHDO, TCAP, and
i. EDP loans.
C.5.30 The Contractor shall submit copies of payoff checks and loan documents to
DHCD’s Office of the Chief Financial Officer for the preparation of the Deed of
Release. DHCD’s Office of Chief Financial Officer will be responsible for
marking the loan documents, “Deed of Trusts” and “Promissory Notes” (See
Sample in Exhibits 7 to 13 of Section J). “Satisfied and Cancelled.” The
District of Columbia Deputy Corporation Counsel’s office will be responsible
for processing the recordation of the Deed of Release and Deed of Appointment of a
Substitute Trustee.
C.5.31 The Contractor shall send borrowers a “Notice of Intent to Foreclose” for loans
that are one hundred and twenty (120) days delinquent as required and maintain
electronic copies.
C.5.32 The Contractor shall take prompt action to correct loan delinquencies, including
making phone calls, sending notices by mail, and holding discussions with
borrowers to remedy the debt which includes site visits. The Contractor shall
initiate personal contact with delinquent borrowers at early stages of
delinquency and shall maintain a detailed record of collection efforts.
C.5.33 As described in the Foreclosure Procedures of Section C.5.51 of this contract,
the Contractor shall take the appropriate actions necessary for loans that are
over one hundred and twenty (120) days delinquent after every effort to contact
and work with the borrowers has been made to resolve it; and, it has been
determined that the borrower is not willing or able to pay.
C.5.34 The Contractor shall prepare a Loans Payoff Transaction Activity Report that
lists all loans paid off during the month, and loans removed (giving reason and
authority for removal). (See Sample in Exhibit 6 of Section J.) The first report
shall be submitted to the contract administrator in month two after the award of
the contract; and to be submitted on a monthly basis thereafter. The Trial
Balance should segregate each of the following portfolio types and any other
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that may be added in the future:
1. HPAP, EAHP, MPHAP, and amortized loans;
2. HPAP, EAHP, MPHAP, and deferred loans;
3. SFHRP loans (amortized);
4. SFHRP loans (deferred);
5. MFHRP loans;
6. HPTF;
7. NSP;
8. TCAP;
9. EDP loans; and
10. LAHDO
C.5.35 The Contractor shall prepare and submit a Monthly Delinquency Report within
ten (10) business days after the end of the previous month to DHCD’s Office of
the Chief Financial Officer and the Portfolio and Asset Management Division
(See Sample in Exhibit 5 of Section J.) The report shall include:
(a) Accounts that are thirty (30), sixty (60), ninety (90), or one hundred
twenty (120) or more days delinquent;
(b) Description of collection actions taken,
(c) Number of outstanding loans in the portfolio,
(d) Number of days delinquent (aged),
(e) Unpaid principal and interest,
(f) Late fixed unit prices, and
(g) Total outstanding principal balances.
C.5.36 The Contractor shall prepare and submit a written recommendation for debt
collection or foreclosure efforts to DHCD’s Office of the Chief Financial
Officer and the Portfolio and Asset Management Division for all loans or leases
over one hundred and twenty days (120) delinquent after every effort to contact
and work with the borrowers have been made; and, it has been determined that
the borrowers are not willing to make payments. Prior to the submission of a
written recommendation for foreclosure action to DHCD’s Office of Chief
Financial Officer, the Contractor shall make the following attempts to cure the
delinquencies:
a. Conduct face-to-face interviews with borrowers;
b. Recommend housing counseling to borrowers;
c. Review borrowers’ financial statements to analyze borrowers capabilities
based on their debt to income ratio;
d. Request for payment in full from borrowers;
e. Temporary Recasting Agreement; (Recasting here means a temporary
agreement entered into with the borrower for payment of delinquent
amounts in order to return the loan to a current status.)
f. Temporary deferral;
g. Refinancing; and
h. Conduct face-to-face interview with mortgagors and review of financial
statements to determine whether borrowers can afford their home, based
upon, including but not be limited to:
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1. Total income (savings, employment);
2. Number of dependents; and
3. Total debts
C.5.37 The Contractor shall prepare and submit to DHCD Office of the Chief Financial
Officer and the Portfolio and Asset Management Division a notification letter
regarding the filing of bankruptcy relief by a borrower within seven (7) days of
receiving notification of such action.
C.5.38 The Contractor shall provide to each borrower by January 31st of the calendar
year, a Statement of Borrower showing the amount of taxes, interest and
insurance paid for the previous year.
C.5.39 The Contractor shall adhere to the various payment due dates mentioned in the
promissory note.
C.5.40 The Contractor shall complete daily, a full reconciliation of the loan portfolio.
C.5.41 The Contractor shall submit to DHCD’s Office of the Chief Financial Officer or
designee and the Contract Administrator a monthly reconciliation of the
portfolio. The first report shall be submitted to the contract administrator in
month two after the award of the contract; and to be submitted on a monthly
basis thereafter. The portfolio should be reconciled to the previous month.
Detailed supporting schedules should be submitted for all entries on the
reconciliation statement.
C.5.42 The Contractor shall use the last day of each month as the cut-off day for all
monthly reporting.
C.5.43 Upon reinstatement of a loan, the Contractor shall resume the normal collection
of loan repayments. Reinstatement of the note by a borrower shall require all
payments to render the note current, plus all foreclosure costs incurred, if any.
C.5.44 The Contractor shall monitor the delinquency status of all superior liens on the
borrower’s collateral. Upon notification of intent to foreclose from a Superior
Trust-Holder (see Section C.5.53), the Contractor shall immediately apprise
DHCD’s Office of the Chief Financial Officer, PAMD and begin the steps
outlined in the Foreclosure Procedures (Section C.5.51).
C.5.45 In the event of bankruptcy proceedings by a borrower, the Contractor shall
prepare a proof of claim (to be signed by the Office of Chief Financial Officer
or his/her designate) and submit same along with the notice of first meeting of
creditors, pleadings and other notices to DHCD’s Office of the Chief Financial
Officer. The Contractor shall maintain copies of all correspondence in each
borrower’s file. DHCD’s Office of Attorney General/PAMD will process all
bankruptcy notices, attend hearings, and will apprise the Contractor of the
status.
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C.5.46 The Contractor shall identify and separate all loan accounts with D.C
Government Employees with a separate list.
C.5.47 The Contractor shall prepare a monthly D.C. Government Employees Loan
Recipient Report which shall include the following:
a. name of employee;
b. agency where employee is employed, if available;
c. employee’s address and current telephone number;
d. loan amount;
e. principal balance;
f. interest rate on loan;
g. number of payments received late;
h. late charges assessed, if any;
i. delinquency and the number of days delinquent;
j. type of loan (e.g., HPAP, EAHP, MPHAP, SFHRP, MFHRP or EDP);
k. kind of loan (e.g., deferred or amortized)
l. square and lot
m. type of lease (e.g., LAHDO)
n. social security number
C.5.47.1 The first list shall be submitted to the contract administrator in month two after
the award of the contract; and to be submitted on a monthly basis thereafter.
C.5.48 The Contractor shall monitor and review correspondence and checks received in
connection with the HPAP and EAHP loans to determine if a borrower has
violated the residency clause of HPAP and EAHP requirements. The HPAP and
EAHP loan programs require that all loan recipients maintain residence in the
District and reside in the property financed by HPAP and EAHP. The
Contractor shall also monitor deferred loan recipients to ensure that the
residency clause of the HPAP and EAHP requirement have not been violated.
Any borrower known to have violated the terms of the loan agreement should be
declared in default, and the Contractor shall declare the entire loan balance due
and shall initiate efforts to collect.
C.5.49 Any account in violation of the residency clause that has not paid off the
balance in ninety (90) days shall be returned to DHCD’s Office of the Chief
Financial Officer upon request from that office. The borrower shall be informed
that the account is being returned to DHCD’s Office of the Chief Financial
Officer for transmission to a Debt Collection Contractor, or for possible
foreclosure.
C.5.50 The Contractor shall prepare a Monthly Unidentified Payment Report listing all
unidentified payments received. The report shall include the name and address
of the payee, the date received, and the amount received. The first report shall
be submitted to the contract administrator in month two after the award of the
contract; and to be submitted on a monthly basis thereafter.
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C.5.51 FORECLOSURE PROCEDURES
C.5.51.1 The Contractor shall send borrowers a “Notice of Intent to Foreclose”
for loans that are one hundred and twenty (120) days delinquent. The
notice should be sent to the borrower through a certified US postal
mail service. This is the first step of the legal foreclosure process by
which the lender or the seller forces a sale of a mortgaged property
because the borrower has not met the terms of the mortgage. A copy
of the notification should be submitted to the contract administrator.
C.5.51.2 Within thirty days to the DHCD’s Office of the Chief Financial
Officer, the Contractor shall submit a monthly listing of all loans that
are one hundred and twenty (120) days delinquent, along with
recommendations for the execution of foreclosure action and the
approval and transmittal of funds.
C.5.51.3 The Contractor’s written foreclosure recommendations to DHCD
shall include a summary of collection history and justification for
recommending foreclosure proceedings. The Contractor shall not
begin foreclosure proceedings until it receives written approval from
DHCD. Collection activity shall continue, however, until the
Contractor is notified by DHCD’s Office of the Chief Financial
Officer to transmit the loan to DHCD.
C.5.51.4 Upon receipt of DHCD’s written approval for foreclosure, the
Contractor shall conduct foreclosure proceedings on all loans which
are over one hundred and twenty (120) days delinquent. The
Contractor’s Substitute Trustee shall prepare the Notice and Sale for
the property approved for foreclosure and schedule the foreclosure
sale in conjunction with the foreclosure auctioneer. DHCD General
Council shall approve the Contractor’s proposed private lawyer (if
any), prior to hiring for foreclosure proceedings commence.
C.5.51.5 The Contractor shall prepare and electronically transmit a notification
letter regarding the foreclosure actions to each borrower by certified
mailing and submit a hard copy of the letter to DHCD.
C.5.51.6 The Contractor shall transmit copies of payment history to each
borrower and to DHCD.
C.5.51.7 Should the foreclosure go to sale, the Contractor shall transfer the
note back to DHCD, returning all proceeds from the sale.
Reinstatement of the note by the borrower shall require all payments
to render the note current plus all foreclosure costs incurred. Upon
reinstatement, the Contractor shall resume the normal collection of
the loan repayments process.
C.5.51.8 In the event of a foreclosure tax sale and the property is not sold to a
third party, DHCD shall acquire the title and the Contractor’s
Substitute Trustee shall evict the Borrower and/or Tenant. The
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Contractor’s approved designated Substitute Trustee shall initiate
eviction procedures against the Defaulted Borrower.
C.5.51.9 The Contractor shall transfer the note back to DHCD and the loan
shall be removed from the Contractor’s computerized loan system.
C.5.52 FORECLOSURE COSTS
C.5.52.1 Foreclosure costs shall be included in the Contractor’s
recommendation submission and shall be consistent with the
Contractor’s reimbursement of the direct cost submitted and accepted
by the District. Allowable costs shall only include the following:
Funds necessary to schedule the foreclosure sale, substitute trustee
fixed unit price appraisal, title report, and advertising shall be assessed
against the borrower’s account and payable upon the reinstatement of
the loan. In the event the loan goes to foreclosure, ONLY DIRECT
COSTS DETERMINED IN WRITING, BY THE CONTRACTING
OFFICER, TO BE REIMBURSABLE, IN ACCORDANCE WITH
THE COST PRINCIPLES SET FORTH IN 27 DCMR § 3300,
SHALL BE REIMBURSABLE. SEE DC OFFICIAL CODE § 2-
355.02. (SEE,
ALSO, Section G.4.2.)
C.5.52.2 Before the Contractor issues a written recommendation for foreclosure
to DHCD, the following attempts to cure the delinquencies shall be
made:
1. request for payment in full - from the Borrower
2. face to face interview with the mortgagor, and review of financial
statements to determine whether the mortgagor can afford the
monthly payment based upon:
i. total income and available funds (e.g., employment, savings).
ii. number of dependents
iii. total debt
C.5.53 FORECLOSURE SUPERIOR TRUSTHOLDER
C.5.53.1 Upon receipt of the Notice of Intent to foreclose by a superior trust
holder, the Contractor shall immediately inform the Contract
Administrator (or designated office) of the foreclosure sale and submit
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the Notice to DHCD with appropriate documentation on the history of
the account within two (2) business days of issuance.
C.5.54 FORECLOSURE PREVENTION
C.5.54.1 In the event of a tax sale on the property and it is sold to a third
party, DHCD shall cancel the sale and require the Contractor to pay the
legal fees associated through advance invoice.
C.5.54.2 In the event of a foreclosure sale and the property is sold to DHCD
and purchased with foreclosure prevention funding, DHCD shall
acquire the title and the Contractor’s Substitute Trustee shall evict
the Borrower and/or Tenant. The Contractor’s approved designated
Substitute Trustee shall initiate eviction procedures against the
Defaulted Borrower.
C.5.55 TRANSITIONAL PERIOD/CONTRACT CLOSEOUT
C.5.55.1 The Contractor shall provide an estimated close-out cost within forty-
five (45) business days prior to the expiration date of the contract.
C.5.55.2 The Contractor shall reconcile all loan accounts within twenty (20)
business days prior to the expiration date of the contract. The
Contractor shall not accept new accounts after the expiration date of
the contract.
C.5.55.3 The Contractor shall send written notification letters to Borrowers no
later than the twenty (20) business days prior to the expiration date of
the contract, notifying them that their accounts have been transferred
back to the DHCD or to another contractor specified by the DHCD
and that all future payments shall be sent to the DHCD or to the
specified contractor. The Notification Letter must include the
appropriate address.
C.5.55.3.1 Copies of the Notification Letters shall be transmitted to
the DHCD Agency Fiscal Officer no later than the
fifteen (15) business days prior to the expiration date of
the contract The contract administrator will give written
notice to begin closeout.
.
C.5.55.4 The Contractor shall submit all funds collected (via ACH transfer,
cash, check, etc.) and in Contractor’s possession, including funds
deposited into the Federal Deposit Insurance Corporation (FDIC)
insured interest bearing account designated only for this contract, to
the District’s Agency Fiscal Officer no later than the fifth (5th)
business day prior to the expiration date of the contract.
C.5.55.5 The Contractor shall submit to the District’s Agency Fiscal Officer
the final computerized Account Summary Report no later than five
(5) business days prior to the expiration date of the contract. The
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report shall contain the following:
a) Principal balance for each account;
b) Number of payments received to date and the amount of each
payment for each account;
c) Monthly payment (interest and principal);
d) A final payment history for each borrower; and
e) Status of each account.
C.5.55.6 The Contractor shall transfer all electronic account files in the
Contractor’s possession with all supporting documentation through
comma separated values (CSV) or agreeable format to the District
through Emphasys and/or FileNet systems no later than the fifth (5th)
business day prior to the expiration of the contract.
C.5.55.7 The Contractor shall store all records of account collection activity
data for a period of twelve (12) years after the expiration of the
contract for audit trail purposes. At the end of the twelve (12) year
period, the information shall be destroyed. Written certification that
the records were destroyed, and the method used shall be submitted
by the Contractor to the District within thirty (30) business days after
the expiration of the twelve (12) year period. If this Requirement is
not met, the Contractor may be subjected to penalties specified in the
Privacy Act of l974.
C.5.56 Numeric Data Types for All Reports
The Contractor shall prepare all required reports using the exact
numeric data types listed in the table below:
Field Name Numeric Format Type Position
Development Number Alphanumeric 15 characters
Loan Number Integer 10 characters
Position of Loan Integer 3 characters
Original Loan Amount Decimal/Money 999999999.99
Current Outstanding
Balance
Decimal/Money 999999999.99
Term of Loan (Months) Integer 3 characters
Current Interest Rate Decimal 999.99999
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Current PI (Principal &
Interest)
Decimal/Money 999999999.99
Prior Year Outstanding
Balance
Integer 999999999.99
Number Of Payments
(Months)
Integer 5 positions
Current Year Principal
Paid
Decimal/Money 999999999.99
Mortgage Insurance
Premium
Decimal/Money 999999999.99
Pay Off Date Date YYYYMMDD
Original Closing Date Date YYYYMMDD
Maturity Date Date YYYYMMDD
Participating Lender Text 100 characters
Last Mortgage Payment
Date
Date YYYYMMDD
HUD FHA Alphanumeric 15 characters
Next Due Date Date YYYYMMDD
Grace Period Integer 2 characters
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SECTION D: PACKAGING AND MARKING
D.1 The packaging and marking requirements for this contract shall be governed by clause
number (2), Shipping Instructions-Consignment, of the Government of the District of
Columbia's Standard Contract Provisions for use with Supplies and Services Contracts,
dated July 2010. (Attachment J.1)
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SECTION E: INSPECTION AND ACCEPTANCE
E.1 The inspection and acceptance requirements for this contract shall be governed by
clause number six (6), Inspection of Services of the Government of the District of
Columbia's Standard Contract Provisions for use with Supplies and Services
Contracts, dated July 2010. (Attachment J.1)
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
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SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES
F.1 TERM OF CONTRACT
Upon execution of “this contract” the letter contract shall merge with the this definitized
contract. The term of this contract shall be for one year from the date of the letter
contract for the period of December 5, 2024 through December 4, 2025.
F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT
F.2.1 The District may extend the term of this contract for a period of four (4) one-year
option periods, or successive fractions thereof, by written notice to the Contractor
before the expiration of the contract; provided that the District will give the
Contractor preliminary written notice of its intent to extend at least thirty (30)
days before the contract expires. The preliminary notice does not commit the
District to an extension. The exercise of this option is subject to the availability of
funds at the time of the exercise of this option. The Contractor may waive the
thirty (30) day preliminary notice requirement by providing a written waiver to
the Contracting Officer prior to expiration of the contract.
F.2.2 If the District exercises this option, the extended contract shall be considered to
include this option provision.
F.2.3 The price for the option period shall be as specified in Section B of the
contract.
F.2.4 The total duration of this contract, including the exercise of any options under this
clause, shall not exceed five (5) years.
F.3 DELIVERABLES
The Contractor shall perform the activities required to successfully complete the
District’s requirements and submit each deliverable to the Contract Administrator (CA)
identified in section G.9 in accordance with the following:
Item Deliverable
(As described in Section C.5 (clause))
Quantity Format/Method
of Delivery
Due Date
1 Maintain individual loan file(s) (C.5.6) 1 each loan Electronic file
folder
Continuously after
Award of Contract
2 Monthly Transaction Activity Report
(C.5.7)
1 each
report
Excel/ hard copy Monthly, beginning in
month two (2) after
Award of Contract
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
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3 Connectivity to established Custodial
Disposition Account (lockbox) and
deposit all payment (C.5.8)
1 account Payment deposit
in lockbox
Daily
4 Monthly Report on total funds collected
by funding source (C.5.10)
1 each
report
Electronic
copy in MS-
Excel format
/hard copy
Within ten (10)
business days after
end of fiscal
reporting period
5 Provide Collection History Data
(C.5.14)
1 each Electronic copy Upon request
by CA
6 Generate an electronic file for
reporting on all interest paid by the
mortgagor and other borrowers
(C.5.15)
1 each Electronic filer Monthly,
beginning month
two
(2) after Award
of Contract
7 Monthly Computerized Trial
Balance Report for each loan
program (C.5.16)
1 each
report
Electronic copy Within ten (10)
business days after
the end of fiscal
reporting period
8 Establish reporting procedures for all
loan accounts - 60 or more days
delinquent (C.5.18)
1 each Electronic copy Upon request by CA
9 Utilize existing Agency
Lockbox
(C.5.19)
1 each Electronic
transmission
(ACH)
On-going, Daily
10 Produce and send out demand letter or
series of letters (C.5.20)
1 each Hard copy/
electronic copy
As required
11 Execute twelve (12) month
Repayment Agreement (C.5.22)
1 each Hard copy per
agreement
As required
12 Submit copies of executed
Repayment Agreements to
borrower (C.5.23)
1 each
per copy
Hard copy /
Electronic copy
Within 30 days of
issuance to DHCD
CFO and PAMD
13 Electronic payment receipts (C.5.27) 1 each
Book
Electronic copy As required/per loan
14 Provide payoff or loan status
information (C.5.28)
1 each
Loan
Hard copy /
Electronic copy
Within 24- hours
upon written request
from CA, PAMD
or OCFO
15 Monthly New Loan Report (C.5.29) 1 each
Report
Electronic copy Monthly to CFO,
PAMD & CA;
beginning month two
(2) after Award of
Contract
16 Submit a copy of payoff checks and loan
documents (C.5.30)
1 each
Check/Loan
Documents
Hard copy /
Electronic copy
Upon DHCD CFO’s
request
17 Send a Notice of Intent to Foreclose to
borrower (C.5.31)
1 each
Notice
Hard copy As required; after
120 days delinquent
to borrowers
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
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18 Monthly Loan Payoff Transaction
Activity Report (C.5.34)
1 each
Report
Electronic copy Monthly;
beginning month
two
(2) after Award of
Contract
19 Monthly Delinquency Report (C.5.35) 1 each
Report
Electronic copy Monthly; beginning ten
(10) days after month
one (1) of contract
20 Submit written recommendation for
debt collection or foreclosure efforts
(C.5.36)
1 each Electronic copy Per incident; after 120
days delinquency
21 Submit notification letter regarding
filing of bankruptcy relief by the
borrower (C.5.37)
1 each
Letter
Electronic copy To the DHCD
CFO & PAMD,
within seven
(7) days of receipt
22 Provide a Statement of Borrower
showing amount of taxes, interest
and insurance paid for
previous year (C.5.38)
1 each
Statemen
t
Electronic copy To Borrower by
January 31st of
each
year
23 Monthly Reconciliation of Portfolio
report (C.5.41)
1 each Electronic copy Monthly;
beginning month
two
(2) after Award of
Contract
24 Provide Proof of Claim (C.5.45) 1 each
Claim
Hard copy As required; To
CFO, PAMD, &
CA
25 DC Government Employees Loan
Recipient Report (C.5.47)
1 each
Report
Electronic copy Monthly;
beginning month
two
(2) after Award of
Contract
26 Monthly Unidentified Payment
Report (C.5.50)
1 each
report
Electronic copy Monthly;
beginning month
two
(2) after Award of
Contract
27 Notification letter regarding
foreclosure actions (C.5.51.1)
1 each
Letter
Hard copy /
Sent certified
US postal mail
service
As required; to
CA, PAMD, and
Borrower
28 Transmit copies of payment history
(C.5.51.6)
1 each Hard copy As required; to
DHCD and
Borrower
29 Reinstatement of Note (C.5.51.7) 1 each Hard copy /
Electronic copy
As required; to
Borrower
30 Transfer Note, (C.5.51.7 and
C.5.51.9)
1 each Hard copy /
Electronic copy
As required;
to DHCD
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
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F.3.1 The Contractor shall submit to the District, as a deliverable, the report described
in section H.5.5 that is required by the 51% District Residents New Hires
Requirements and First Source Employment Agreement. If the Contractor does
not submit the report as part of the deliverables, final payment to the Contractor
shall not be paid pursuant to section G.3.2.
31 Submit Notice of Intent to DHCD
with account history (C.5.53.1)
1 each Hard copy /
Electronic copy
Within 2 business
days of issuance
32 Send written notification letter to
borrower (C.5.55.3)
1 each Hard copy /
Electronic copy
As required; 20
days prior to
expiration
date of contract
33 Transmit copies of notification letter
to DHCD Agency Fiscal Officer
(C.5.55.3.1)
1 each Hard copy /
Electronic copy
NLT 15 days prior
to expiration date
of contract
34 Submit all funds collected to District
Agency Fiscal Officer (C.5.55.4)
Varies Hand delivery
(e.i. Check, and
ACH) to DHCD
NTL 5 days prior
to expiration of
contract
35 Final computerized Account
Summary Report to Agency Fiscal
Officer (C.5.55.5)
Electronic Excel
and PDF version
NLT 5 days prior
to expiration of
contract
36 Return all account files to the District
(C.5.55.6)
Electronic-notes,
spreadsheets, call
sheets, etc. (Via
Emphasys and
FileNet)
NLT 5 days prior
to expiration of
contract
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
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SECTION G: CONTRACT ADMINISTRATION
G.1 INVOICE PAYMENT
G.1.1 The District will make payments to the Contractor, upon the submission of proper
invoices, at the prices stipulated in this contract, for supplies delivered and
accepted or services performed and accepted, less any discounts, allowances or
adjustments provided for in this contract.
G.1.2 The District will pay the Contractor on or before the 30th day after receiving a
proper invoice from the Contractor.
G.2 INVOICE SUBMITTAL
G.2.1 INVOICE SUBMITTAL - ELECTRONICALLY
G.2.1.1 The Contractor shall create and submit payment requests in an electronic
format through the DC Vendor Portal, https://vendorportal.dc.gov
G.2.1.2 The Contractor shall submit proper invoices on a monthly basis or as
otherwise specified in Section G.4.
G.2.1.3 To constitute a proper invoice, the Contractor shall enter all required
information into the Portal after selecting the applicable purchase order
number which is listed on the Contractor’s profile.
G.2.1.4 To constitute a proper invoice, the Contractor shall submit the following
information on the invoice:
G.2.1.4.1 Contractor’s name, federal tax ID and invoice date (date
invoices as of the date of mailing or transmittal);
G.2.1.4.2 Contract number and invoice number;
G.2.1.4.3 Description, price, quantity and the date(s) that the supplies
or services were delivered or performed;
G.2.1.4.4 Other supporting documentation or information, as required
by the Contracting Officer;
G.2.1.4.5 Name, title, telephone number and complete mailing address
of the responsible official to whom payment is to be sent;
G.2.1.4.6 Name, title, phone number of person preparing the invoice;
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
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G.2.1.4.7 Name, title, phone number and mailing address of person (if
different from the person identified in G.2.1.4.6 above) to be
notified in the event of a defective invoice; and
G.2.1.4.8 Authorized signature.
G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT
G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and
First Source Employment Agreement requirements, final request for payment
must be accompanied by the report or a waiver of compliance discussed in
Section H.5.5.
G.3.2 The District shall not make final payment to the Contractor until the agency CFO
has received the CO’s final determination or approval of waiver of the
Contractor’s compliance with 51% District Residents New Hires Requirements
and First Source Employment Agreement requirements.
G.4 PAYMENT
G.4.1 Payment
The Contractor shall bill the District on a monthly cycle, ending with the last day
of each calendar month, for services rendered in the preceding month. The invoice
shall be received by the department within ten (10) working days after the end of
the previous month. The invoice shall include a reconciliation by the Contractor
of the amount collected, as indicated on the invoice, with the amount deposited
(supported by deposit tickets) into a Federal Deposit Insurance Corporation
(FDCI) insured interest bearing account designated only for this contract. The
invoice amount shall be based on the amount of collections received and
deposited in the FDIC insured account for the invoicing period less items returned
uncollected by the depository commission number of deferred loans on the
Contractor’s loan services system. In addition, the Contractor shall invoice the
District for the actual cost incurred for reimbursement, listing the cost categories
and expenditures. In addition, the Contractor shall forward, to the District, all
checks and funds collected. The Contractor shall not retain any funds or interest
collected. All funds collected must be deposited to the District’s account. The
Contractor shall invoice the district for the Contractor’s fee. The Contractor shall
not take its fee from the proceeds collected. The Contractor shall invoice the
District monthly for the fee based on the percentage times the actual collections
minus payoffs for each month. That is, the fee shall be based on monthly
collections.
G.4.1.1 Partial Payments
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
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Unless otherwise specified in this contract, payment will be made on partial
deliveries of goods or services accepted by the District if:
a) The amount due on the Deliveries warrants it; or
b) The Contractor requests it and the amount due on the deliveries are in
accordance with the following:
“Payment will be made on completion and acceptance of each item in
accordance with the agreed upon delivery schedule.”
G.4.2 Ceilings and Maximum Contract Amount
(a) Section B.3, specifically CLINS 0001, 0002, 0003, 1001, 1002, 1003, 2001, 2002, 2003,
3001, 3002, 3003, 4001, 4002, and 4003, of the contract set forth the ceiling amounts for
each base and option period.
(b) The amount for performing this contract shall not exceed the ceilings identified in Section
G.4.2 (a) above.
(c) The contractor shall notify the contract administrator, in writing, whenever it has reason to
believe that the amount for the performance of this contract will be either greater or
substantially less than the ceilings.
(d) As part of the notification, the contractor shall provide the contract administrator a revised
estimate for the ceiling for performing the contract.
(e) The District is not obligated to pay the contractor for amounts incurred in the excess of the
ceiling specified in the contract and the contractor is not obligated to continue performance
under this contractor (including actions under the Termination clauses of this contract) or
otherwise incur amounts in excess of the ceiling specified in the contract, until the
contracting officer notifies the contractor, in writing, that the ceilings have been increased
and provides revised ceilings for performing this contract.
(f) No notice, communication, or representation in any form from any person other than the
contracting officer shall change the ceilings. In the absence of the specified notice, the
District is not obligated to pay the contractor for any amounts in excess of the ceilings,
whether such amounts were incurred during the course of contract performance or as a result
of termination.
(g) If the contracting officer increases the ceilings, any amount the contractor incurs before the
increase that is in excess of the previous ceilings shall be allowable to the same extent as if
incurred afterward, unless the contracting officer issues a termination or other notice
directing that the increase is solely to cover termination or other specified expenses.
(h) A change order shall not be considered an authorization to exceed the applicable ceilings,
unless the change order specifically increases the ceilings.
G.5 ASSIGNMENT OF CONTRACT PAYMENTS
G.5.1 In accordance with 27 DCMR 3250, the Contractor may assign to a bank, trust company,
or other financing institution funds due or to become due as a result of the performance of
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
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this contract.
G.5.2 Any assignment shall cover all unpaid amounts payable under this contract, and shall not
be made to more than one party.
G.5.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is
required to prepare invoices. Where such an assignment has been made, the original
copy of the invoice must refer to the assignment and must show that payment of the
invoice is to be made directly to the assignee as follows:
“Pursuant to the instrument of assignment dated , make payment of this
invoice to (name and address of assignee).”
G.6 THE QUICK PAYMENT CLAUSE
G.6.1 Interest Penalties to Contractors
G.6.1.1 The District will pay interest penalties on amounts due to the
Contractor under the Quick Payment Act, D.C. Official Code
§2-221.01 et seq., for the period beginning on the day after the
required payment date and ending on the date on which
payment of the amount is made. Interest shall be calculated at
the rate of 1.5% per month. No interest penalty shall be paid if
payment for the completed delivery of the item of property or
service is made on or before:
a) the 3rd day after the required payment date for meat or a
meat product;
b) the 5th day after the required payment date for an
agricultural commodity; or
c) the 15th day after the required payment date for any other
item.
G.6.1.2 Any amount of an interest penalty which remains unpaid at the
end of any 30-day period shall be added to the principal amount
of the debt and thereafter interest penalties shall accrue on the
added amount.
G.6.2 Payments to Subcontractors
G.6.2.1 The Contractor must take one of the following actions within
seven (7) days of receipt of any amount paid to the Contractor
by the District for work performed by any subcontractor under
this contract:
a) Pay the subcontractor for the proportionate share of the
total payment received from the District that is attributable
to the subcontractor for work performed under the contract;
or
b) Notify the District and the subcontractor, in writing, of the
Contractor’s intention to withhold all or part of the
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
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subcontractor’s payment and state the reason for the
nonpayment.
G.6.2.2 The Contractor must pay any subcontractor or supplier interest
penalties on amounts due to the subcontractor or supplier
beginning on the day after the payment is due and ending on the
date on which the payment is made. Interest shall be calculated
at the rate of 1% per month. No interest penalty shall be paid
on the following if payment for the completed delivery of the
item of property or service is made on or before:
a) the 3rd day after the required payment date for meat or a
meat product;
b) the 5th day after the required payment date for an
agricultural commodity; or
c) the 15th day after the required payment date for any other
item.
G.6.2.3 Any amount of an interest penalty which remains unpaid by the
Contractor at the end of any 30-day period shall be added to the
principal amount of the debt to the subcontractor and thereafter
interest penalties shall accrue on the added amount.
G.6.2.4 A dispute between the Contractor and subcontractor relating to
the amounts or entitlement of a subcontractor to a payment or a
late payment interest penalty under the Quick Payment Act does
not constitute a dispute to which the District of Columbia is a
party. The District of Columbia may not be interpleaded in any
judicial or administrative proceeding involving such a dispute.
G.6.3 Subcontract requirements
G.6.3.1 The Contractor shall include in each subcontract under this
contract a provision requiring the subcontractor to include in its
contract with any lower-tier subcontractor or supplier the
payment and interest clauses required under paragraphs (1) and
(2) of D.C. Official Code §2-221.02(d).
G.7 CONTRACTING OFFICER (CO)
Contracts will be entered into and signed on behalf of the District only by contracting
officers. The contact information for the Contracting Officer is:
Tia Mercer, Contracting Officer
Office of Contracting and Procurement
441 4th Street, NW, Suite 330 South
Washington, DC 20001
E-mail: tia.mercer@dc.gov
G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER
G.8.1 The CO is the only person authorized to approve changes in any of the
requirements of this contract.
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Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
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G.8.2 The Contractor shall not comply with any order, directive or request that changes
or modifies the requirements of this contract, unless issued in writing and signed
by the CO.
G.8.3 In the event the Contractor effects any change at the instruction or request of any
person other than the CO, the change will be considered to have been made
without authority and no adjustment will be made in the contract price to cover
any cost increase incurred as a result thereof.
G.9 CONTRACT ADMINSTRATOR (CA)
G.9.1 The CA is responsible for general administration of the contract and advising the
CO as to the Contractor’s compliance or noncompliance with the contract. The
CA has the responsibility of ensuring the work conforms to the requirements of
the contract and such other responsibilities and authorities as may be specified in
the contract. These include:
G.9.1.1 Keeping the CO fully informed of any technical or contractual
difficulties encountered during the performance period and advising the
CO of any potential problem areas under the contract;
G.9.1.2 Coordinating site entry for Contractor personnel, if applicable;
G.9.1.3 Reviewing invoices for completed work and recommending approval
by the CO if the Contractor’s costs are consistent with the negotiated
amounts and progress is satisfactory and commensurate with the rate of
expenditure;
G.9.1.4 Reviewing and approving invoices for deliverables to ensure receipt of
goods and services. This includes the timely processing of invoices and
vouchers in accordance with the District’s payment provisions; and
G.9.1.5 Maintaining a file that includes all contract correspondence,
modifications, records of inspections (site, data, equipment) and
invoice or vouchers.
G.9.2 The address and telephone number of the CA is:
Barrie Daneker
Supervisory Housing Financial Analyst
Portfolio and Asset Management Division
Department of Housing and Community Development
1909 Martin Luther King Jr Avenue SE,
Washington, DC 20020
(202) 442-4422
Barrie.daneker@dc.gov
G.9.3 The CA shall NOT have the authority to:
1. Award, agree to, or sign any contract, delivery order or task order. Only the
CO shall make contractual agreements, commitments or modifications;
2. Grant deviations from or waive any of the terms and conditions of the
Contract: CW119169
Caption: Loan Services and Collections Management for DHCD Housing Assistance Programs
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contract;
3. Increase the dollar limit of the contract or authorize work beyond the dollar
limit of the contract,
4. Authorize the expenditure of funds by the Contractor;
5. Change the period of performance; or
6. Authorize the use of District property, except as specified under the contract.
G.9.4 The Contractor will be fully responsible for any changes not authorized in
advance, in writing, by the CO; may be denied compensation or other relief for
any additional work performed that is not so authorized; and may also be
required, at no additional cost to the District, to take all corrective action
necessitated by reason of the unauthorized changes.
G.10 ORDERING CLAUSE
G.10.1 Any supplies and services to be furnished under this contract must be ordered
by issuance of delivery orders or task orders by the CO. Such orders may be
issued during the term of this contract.
G.10.2 All delivery orders or task orders are subject to the terms and conditions of this
contract. In the event of a conflict between a delivery order or task order and
this contract, the contract shall control.
G.10.3 If mailed, a delivery order or task order is considered "issued" when the District
deposits the order in the mail. Orders may be issued by electronic commerce
methods.
G.11 COST REIMBURSEMENT CEILING
G.11.1 Cost reimbursement ceiling for this contract is set forth in Section B.3 for each
period of performance.
G.11.2 The costs for performing this contract shall not exceed the cost reimbursement
ceiling specified in Section B.3 for each period of performance.
G.11.3 The Contractor agrees to use its best efforts to perform the work specified in this
contract and to meet all obligations under this contract within the cost
reimbursement ceiling.
G.11.4 The Contractor must notify the CO, in writing, whenever it has reason to believe
that the total cost for the performance of this contract will be either greater or
substantially less than the cost reimbursement ceiling.
G.11.5 As part of the notification, the Contractor must provide the CO a revised estimate
of the total cost of performing this contract.
G.11.6 The District is not obligated to reimburse the Contractor for costs incurred in
excess of the cost reimbursement ceiling specified in Section B.3 for each period
of performance, and the Contractor is not obligated to continue performance
under this contract (including actions under the Termination clauses of this
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contract), or otherwise incur costs in excess of the cost reimbursement
ceiling specified in Section B.3 for each period of performance, until the CO
notifies the Contractor, in writing, that the estimated cost has been increased and
provides revised cost reimbursement ceiling for performing this contract.
G.11.7 No notice, communication, or representation in any form from any person other
than the CO shall change the cost reimbursement ceiling. In the absence of the
specified notice, the District is not obligated to reimburse the Contractor for
any costs in excess of the costs reimbursement ceiling, whether such costs were
incurred during the course of contract performance or as a result of termination.
G.11.8 If any cost reimbursement ceiling specified in Section B.3 for each period of
performance is increased, any costs the Contractor incurs before the increase that
are in excess of the previous cost reimbursement ceiling shall be allowable to the
same extent as if incurred afterward, unless the CO issues a termination or other
notice directing that the increase is solely to cover termination or other specified
expenses.
G.11.9 A change order shall not be considered an authorization to exceed the applicable
cost reimbursement ceiling specified in Section B.3 for each period of
performance, unless the change order specifically increases the cost
reimbursement ceiling.
G.11.10 Only costs determined in writing to be reimbursable in accordance with the
cost principles set forth in rules issued pursuant to Title V of the D.C.
Procurement Practices Reform Act of 2010 shall be reimbursable.
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SECTION H: SPECIAL CONTRACT REQUIREMENTS
H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES
H.1.1 For all new employment resulting from this contract or subcontracts hereto, as
defined in Mayor’s Order 83-265 and implementing instructions, the Contractor
shall use its best efforts to comply with the following basic goal and objectives
for utilization of bona fide residents of the District of Columbia in each project’s
labor force:
H.1.1.1 At least fifty-one (51) percent of apprentices and trainees employed shall
be residents of the District of Columbia registered in programs approved
by the District of Columbia Apprenticeship Council.
H.1.2 The Contractor shall negotiate an Employment Agreement with the Department
of Employment Services (“DOES”) for jobs created as a result of this contract.
The DOES shall be the Contractor’s first source of referral for qualified
apprentices and trainees in the implementation of employment goals contained in
this clause.
H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS
The Contractor shall be bound by the Wage Determination No. 2015-4281, Revision no.
32, dated December 23, 2024 issued by the U.S. Department of Labor in accordance with
the Service Contract Act, 41 U.S.C. §351 et seq., and incorporated herein as Section J.2.
The Contractor shall be bound by the wage rates for the term of the contract subject to
revision as stated herein and in accordance with clause 24 of the SCP. If an option is
exercised, the Contractor shall be bound by the applicable wage rates at the time of the
option. If the option is exercised and the CO obtains a revised wage determination, the
revised wage determination is applicable for the option periods and the Contractor may
be entitled to an equitable adjustment.
H.3 PREGNANT WORKERS FAIRNESS
H.3.1 The Contractor shall comply with the Protecting Pregnant Workers Fairness Act
of 2016, D.C. Official Code § 32-1231.01 et seq. (PPWF Act).
H.3.2 The Contractor shall not:
(a) Refuse to make reasonable accommodations to the known limitations related
to pregnancy, childbirth, related medical conditions, or breastfeeding for an
employee, unless the Contractor can demonstrate that the accommodation would
impose an undue hardship;
(b) Take an adverse action against an employee who requests or uses a
reasonable accommodation in regard to the employee's conditions or privileges
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of employment, including failing to reinstate the employee when the need for
reasonable accommodations ceases to the employee's original job or to an
equivalent position with equivalent:
(1) Pay;
(2) Accumulated seniority and retirement;
(3) Benefits; and
(4) Other applicable service credits;
(c) Deny employment opportunities to an employee, or a job applicant, if the
denial is based on the need of the employer to make reasonable accommodations
to the known limitations related to pregnancy, childbirth, related medical
conditions, or breastfeeding;
(d) Require an employee affected by pregnancy, childbirth, related medical
conditions, or breastfeeding to accept an accommodation that the employee
chooses not to accept if the employee does not have a known limitation related to
pregnancy, childbirth, related medical conditions, or breastfeeding or the
accommodation is not necessary for the employee to perform her duties;
(e) Require an employee to take leave if a reasonable accommodation can be
provided; or
(f) Take adverse action against an employee who has been absent from work as
a result of a pregnancy-related condition, including a pre-birth complication.
H.3.3 The Contractor shall post and maintain in a conspicuous place a notice of rights in
both English and Spanish and provide written notice of an employee's right to a
needed reasonable accommodation related to pregnancy, childbirth, related
medical conditions, or breastfeeding pursuant to the PPWF Act to:
(a) New employees at the commencement of employment;
(b) Existing employees; and
(c) An employee who notifies the employer of her pregnancy, or other condition
covered by the PPWF Act, within 10 days of the notification.
H.3.4 The Contractor shall provide an accurate written translation of the notice of rights
to any non-English or non-Spanish speaking employee.
H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the
Act.
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H.4 UNEMPLOYED ANTI-DISCRIMINATION
H.4.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of
2012, D.C. Official Code § 32-1361 et seq.
H.4.2 The Contractor shall not:
(a) Fail or refuse to consider for employment, or fail or refuse to hire, an
individual as an employee because of the individual's status as unemployed; or
(b) Publish, in print, on the Internet, or in any other medium, an advertisement or
announcement for any vacancy in a job for employment that includes:
(1) Any provision stating or indicating that an individual's status as unemployed
disqualifies the individual for the job; or
(2) Any provision stating or indicating that an employment agency will not
consider or hire an individual for employment based on that individual's status as
unemployed.
H.4.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil
penalties as described in the Act.
H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST
SOURCE EMPLOYMENT AGREEMENT
H.5.1 For contracts for services in the amount of $300,000 or more, the Contractor shall
comply with the First Source Employment Agreement Act of 1984, as amended,
D.C. Official Code § 2-219.01 et seq. (First Source Act).
H.5.2 The Contractor shall enter into and maintain during the term of the contract, a
First Source Employment Agreement (Employment Agreement) with the District
of Columbia Department of Employment Service’s (DOES), in which the
Contractor shall agree that:
(a) The first source for finding employees to fill all jobs created in order to
perform the contract shall be the First Source Register; and
(b) The first source for finding employees to fill any vacancy occurring in all
jobs covered by the Employment Agreement shall be the First Source
Register.
H.5.3 The Contractor shall not begin performance of the contract until its Employment
Agreement has been accepted by DOES. Once approved, the Employment
Agreement shall not be amended except with the approval of DOES.
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H.5.4 The Contractor agrees that at least 51% of the new employees hired to perform
the contract shall be District residents.
H.5.5 The Contractor’s hiring and reporting requirements under the First Source Act
and any rules promulgated thereunder shall continue for the term of the contract.
H.5.6 The CO may impose penalties, including monetary fines of 5% of the total
amount of the direct and indirect labor costs of the contract, for a willful breach of
the Employment Agreement, failure to submit the required hiring compliance
reports, or deliberate submission of falsified data.
H.5.7 If the Contractor does not receive a good faith waiver, the CO may also impose
an additional penalty equal to 1/8 of 1% of the total amount of the direct and
indirect labor costs of the contract for each percentage by which the Contractor
fails to meet its hiring requirements.
H.5.8 Any contractor which violates, more than once within a 10-year timeframe, the
hiring or reporting requirements of the First Source Act shall be referred for
debarment for not more than five (5) years.
H.5.9 The contractor may appeal any decision of the CO pursuant to this clause to the
D.C. Contract Appeals Board as provided in clause 14 of the SCP, Disputes.
H.5.10 The provisions of the First Source Act do not apply to nonprofit organizations
which employ 50 employees or less.
H.6 RESERVED
H.7 RESERVED
H.8 RESERVED
H.9 SUBCONTRACTING REQUIREMENTS
H.9.1 Mandatory Subcontracting Requirements
H.9.1.1 For all contracts in excess of $250,000, at least 35% of the dollar
volume of the contract shall be subcontracted to qualified small
business enterprises (SBEs).
H.9.1.2 If there are insufficient SBEs to completely fulfill the requirement of
paragraph H.9.1.1, then the subcontracting may be satisfied by
subcontracting 35% of the dollar volume to any qualified certified
business enterprises (CBEs); provided, however, that all reasonable
efforts shall be made to ensure that SBEs are significant participants in
the overall subcontracting work.
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H.9.1.3 A prime contractor that is certified by DSLBD as a small, local, or
disadvantaged business enterprise shall not be required to comply with
the provisions of sections H.9.1.1 and H.9.1.2.
H.9.1.4 Except as provided in H.9.1.5 and H.9.1.7, a prime contractor that is a
CBE and has been granted a bid preference pursuant to D.C. Official
Code § 2-218.43, or is selected through a set-aside program, shall
perform at least 35% of the contracting effort with its own
organization and resources and, if it subcontracts, 35% of the
subcontracting effort shall be with CBEs. A CBE prime contractor
that performs less than 35% of the contracting effort shall be subject to
enforcement actions under D.C. Official Code § 2-218.63.
H.9.1.5 A prime contractor that is a certified joint venture and has been
granted a bid preference pursuant to D.C. Official Code § 2-218.43, or
is selected through a set-aside program, shall perform at least 50% of
the contracting effort with its own organization and resources and, if it
subcontracts, 35% of the subcontracting effort shall be with CBEs. A
certified joint venture prime contractor that performs less than 50% of
the contracting effort shall be subject to enforcement actions under
D.C. Official Code § 2-218.63.
H.9.1.6 Each CBE utilized to meet these subcontracting requirements shall
perform at least 35% of its contracting effort with its own organization
and resources.
H.9.1.7 A prime contractor that is a CBE and has been granted a bid
preference pursuant to D.C. Official Code § 2-218.43, or is selected
through a set-aside program, shall perform at least 50% of the on-site
work with its own organization and resources if the contract is $1
million or less.
H.9.2 Subcontracting Plan
If the prime contractor is required to subcontract under this contract, it shall
submit a subcontracting plan as part of the bid and it may only be amended after
award with the prior written approval of the CO and Director of DSLBD. Any
reduction in the dollar volume of the subcontracted portion resulting from an
amendment of the plan after award shall inure to the benefit of the District.
Each subcontracting plan shall include the following:
(1) The name and address of each subcontractor;
(2) A current certification number of the small or certified business enterprise;
(3) The scope of work to be performed by each subcontractor; and
(4) The price that the prime contractor will pay each subcontractor.
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H.9.3 Copies of Subcontracts
Within twenty-one (21) days of the date of award, the Contractor shall provide
fully executed copies of all subcontracts identified in the subcontracting plan to
the CO, CA, District of Columbia Auditor and the Director of DSLBD.
H.9.4 Subcontracting Plan Compliance Reporting
H.9.4.1 The Contractor shall submit a quarterly report to the CO, CA, District
of Columbia Auditor and the Director of DSLBD. The quarterly report
shall include the following information for each subcontract identified
in the subcontracting plan:
(A) The price that the prime contractor will pay each subcontractor
under the subcontract;
(B) A description of the goods procured or the services subcontracted
for;
(C) The amount paid by the prime contractor under the subcontract;
and
(D) A copy of the fully executed subcontract, if it was not provided
with an earlier quarterly report.
H.9.4.2 If the fully executed subcontract is not provided with the quarterly
report, the prime contractor will not receive credit toward its
subcontracting requirements for that subcontract.
H.9.5 Annual Meetings
Upon at least 30-days written notice provided by DSLBD, the Contractor shall
meet annually with the CO, CA, District of Columbia Auditor and the Director of
DSLBD to provide an update on its subcontracting plan.
H.9.6 Notices
The Contractor shall provide written notice to the DSLBD and the District of
Columbia Auditor upon commencement of the contract and when the contract is
completed.
H.9.7 Enforcement and Penalties for Breach of Subcontracting Plan
H.9.7.1 A contractor shall be deemed to have breached a subcontracting plan
required by law, if the contractor (i) fails to submit subcontracting plan
monitoring or compliance reports or other required subcontracting
information in a reasonably timely manner; (ii) submits a monitoring or
compliance report or other required subcontracting information
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containing a materially false statement; or (iii) fails to meet its
subcontracting requirements.
H.9.7.2 A contractor that is found to have breached its subcontracting plan for
utilization of CBEs in the performance of a contract shall be subject to
the imposition of penalties, including monetary fines in accordance
with D.C. Official Code § 2-218.63.
H.9.7.3 If the CO determines the Contractor’s failure to be a material breach of
the contract, the CO shall have cause to terminate the contract under the
default provisions in clause 8 of the SCP, Default.
H.10 FAIR CRIMINAL RECORD SCREENING
H.10.1 The Contractor shall comply with the provisions of the Fair Criminal
Record Screening Amendment Act of 2014, effective December 17,
2014 (D.C. Law 20-152) (“Act” as used in this section). This section
applies to any employment, including employment on a temporary or
contractual basis, where the physical location of the employment is in
whole or substantial part within the District of Columbia.
H.10.2 Prior to making a conditional offer of employment, the Contractor shall
not require an applicant for employment, or a person who has requested
consideration for employment by the Contractor, to reveal or disclose
an arrest or criminal accusation that is not then pending or did not result
in a criminal conviction.
H.10.3 After making a conditional offer of employment, the Contractor may
require an applicant to disclose or reveal a criminal conviction.
H.10.4 The Contractor may only withdraw a conditional offer of employment,
or take adverse action against an applicant, for a legitimate business
reason as described in the Act.
H.10.5 This section and the provisions of the Act shall not apply:
(a) Where a federal or District law or regulation requires the
consideration of an applicant’s criminal history for the purposes of
employment;
(b) To a position designated by the employer as part of a federal or
District government program or obligation that is designed to
encourage the employment of those with criminal histories;
(c) To any facility or employer that provides programs, services, or
direct care to, children, youth, or vulnerable adults; or
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(d) To employers that employ less than 11 employees.
H.10.6 A person claiming to be aggrieved by a violation of the Act may file an
administrative complaint with the District of Columbia Office of Human
Rights, and the Commission on Human Rights may impose monetary
penalties against the Contractor.
H.11 DISTRICT RESPONSIBILITIES
H.11.1 The District will provide the Contractor with all loan information necessary to
process Loan Services and Loan Collection.
H.12 CONTRACTOR RESPONSIBILITIES
H.12.1 At any time or times before final payment and three (3) years thereafter, the
Contracting Officer may have the Contractor’s invoices or vouchers and
statements of cost audited. Any payment may be reduced by amounts found by
the Contracting Officer not to constitute allowable costs as adjusted for prior
overpayment or underpayment. In the event that all payments have been made
to the Contractor by the District Government and an overpayment is found, the
Contractor shall reimburse the District for said overpayment within thirty (30)
days after written notification.
H.12.2 The Contractor shall establish and maintain books, records, and documents
(including electronic storage media) in accordance with generally accepted
accounting principles and practices which sufficiently and properly reflect all
revenues and expenditures of funds provided by the District under the contract
that results from this solicitation.
H.12.3 The Contractor shall retain all records, financial records, supporting documents,
statistical records, and any other documents (including electronic storage media)
pertinent to the contract for a period of five (5) years after termination of the
contract, or if an audit has been initiated and audit findings have not been
resolved at the end of five (5) years, the records shall be retained until resolution
of the audit findings or any litigation which may be based on the terms of the
contract.
H.12.4 The Contractor shall assure that these records shall be subject at all reasonable
times to inspection, review, or audit by Federal, District, or other personnel duly
authorized by the Contracting Officer.
H.12.5 Persons duly authorized by the Contracting Officer shall have full access to and
the right to examine any of the Contractor’s contract and related records and
documents, regardless of the form in which kept, at all reasonable times for as
long as records are retained.
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H.12.6 The Contractor shall include these aforementioned audit and record keeping
Requirements in all approved subcontracts and assignments.
H.12.7 The Contractor shall provide annually to the District for the duration of the
contract, a copy of the Contractor’s SAS 70 Reports, “Reports on the
Processing of Transactions by Service Organizations”. The reports must
identify and define the following four (4) parties relative to reporting on
processing of transactions by service organizations:
• User Organization – The entity that has engaged a service organization
and whose financial statements are being audited;
• User Auditor – The auditor who reports on the financial statements of the
user organization;
• Service Organization – The entity (or segment of an entity) that provides
services to the user organization; and
• Service Auditor – The auditor who reports on the processing of
transactions by a service organization.
H.12.8 As used in this Clause, “Records” includes books, documents, accounting
procedures and practices, and other data, regardless of type and regardless of
whether such items are in written form, in the form of computer data, or in any
other form.
H.12.9 Examination of Costs
If this is a direct cost reimbursement, incentive, time-and-materials, labor-hour,
or price re-determinable contract, or any combination of these, the Contractor
shall maintain and the Contracting Officer, or an authorized representative of
the Contracting Officer, shall have the right to examine and audit all records
and other evidence sufficient to reflect properly all costs claimed to have been
incurred or anticipated to be incurred directly or indirectly in performance of
this contract. This right of examination shall include inspection at all
reasonable times of the Contractor’s plants, or parts of them, engaged in
performing the contract.
H.12.10 Cost or Pricing Data
If the Contractor has been required to submit cost or pricing data in connection
with any pricing action relating to this contract, the Contracting Officer, or an
authorized representative of the Contracting Officer, in order to evaluate the
accuracy, completeness, and currency of the cost or pricing data, shall have the
right to examine and audit all of the Contractor’s records, including
computations and projections, related to:
a) The bid for the contract, subcontract, or modification;
b) The discussions conducted on the bid(s), including those related to
negotiating;
c) Pricing of the contract, subcontract, or modification; or
d) Performance of the contract, subcontract or modification.
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H.12.11 COMPTROLLER GENERAL
H.12.11.1 The Comptroller General of the United States, or an authorized
representative, shall have access to and the right to examine any of the
Contractor’s directly pertinent records involving transactions related to this
contract or a subcontract hereunder.
H.12.11.2 This paragraph may not be construed to require the Contractor or
Subcontractor to create or maintain any record that the Contractor or
Subcontractor does not maintain in the ordinary course of business or
pursuant to a provision of law.
H.12.11.3 This paragraph may not be construed to require the Contractor or
Subcontractor to create or maintain any record that the Contractor or
Subcontractor does not maintain in the ordinary course of business or
pursuant to a provision of law.
H.12.11.4 Reports
If the Contractor is required to furnish cost, funding, or performance reports,
the Contracting Officer or an authorized representative of the Contracting
Officer shall have the right to examine and audit the supporting records and
materials, for the purpose of evaluating:
a) The effectiveness of the Contractor’s policies and procedures to
produce data compatible with the objectives of these reports; and
b) The data reported.
H.12.11.5 Availability
The Contractor shall make available at its office at all reasonable times the
records, materials, and other evidence for examination, audit, or
reproduction, until three (3) years after final payment under this contract or
for any shorter period specified in the solicitation, or for any longer period
required by statute or by other Clauses of this contract. In addition:
a) If this contract is completely or partially terminated, the Contractor
shall make available the records relating to the work terminated until
three (3) years after any resulting final termination settlement; and
b) The Contractor shall make available records relating to appeals under
the Disputes Clause or to litigation or the Settlement of Claims arising
under or relating to this contract until such appeals, litigation, or claims
are finally resolved.
H.12.11.6 The Contractor shall insert a Clause containing all the terms of this Clause,
in all subcontracts under this contract that exceed the small purchase
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threshold of $100,000, and:
a) That are direct cost reimbursement, incentive, time-and-materials,
labor- hour, or price re-determinable type or any combination of these;
b) For which cost or pricing data are required; or
c) That requires the subcontractor to furnish reports
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SECTION I: CONTRACT CLAUSES
I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS
The Standard Contract Provisions for use with District of Columbia Government
Supplies and Services Contracts dated July 2010 (“SCP”) are incorporated as part of the
contract. To obtain a copy of the SCP go to http://ocp.dc.gov, under Quick Links click
on “Required Solicitation Documents”.
I.2 CONTRACTS THAT CROSS FISCAL YEARS
Continuation of this contract beyond the current fiscal year is contingent upon future
fiscal appropriations.
I.3 CONFIDENTIALITY OF INFORMATION
The Contractor shall keep all information relating to any employee or customer of the
District in absolute confidence and shall not use the information in connection with any
other matters; nor shall it disclose any such information to any other person, firm or
corporation, in accordance with the District and federal laws governing the
confidentiality of records.
I.4 TIME
Time, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless
otherwise stated herein.
I.5 RIGHTS IN DATA
I.5.1 “Data,” as used herein, means recorded information, regardless of form or the
media on which it may be recorded. The term includes technical data and
computer software. The term does not include information incidental to contract
administration, such as financial, administrative, cost or pricing, or management
information.
I.5.2 The term “Technical Data”, as used herein, means recorded information,
regardless of form or characteristic, of a scientific or technical nature. It may, for
example, document research, experimental, developmental or engineering work,
or be usable or used to define a design or process or to procure, produce, support,
maintain, or operate material. The data may be graphic or pictorial delineations in
media such as drawings or photographs, text in specifications or related
performance or design type documents or computer printouts. Examples of
technical data include research and engineering data, engineering drawings and
associated lists, specifications, standards, process sheets, manuals, technical
reports, catalog item identifications, and related information, and computer
software documentation. Technical data does not include computer software or
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financial, administrative, cost and pricing, and management data or other
information incidental to contract administration.
I.5.3 The term “Computer Software”, as used herein means computer programs and
computer databases. “Computer Programs”, as used herein means a series of
instructions or statements in a form acceptable to a computer, designed to cause
the computer to execute an operation or operations. "Computer Programs"
include operating systems, assemblers, compilers, interpreters, data management
systems, utility programs, sort merge programs, and automated data processing
equipment maintenance diagnostic programs, as well as applications programs
such as payroll, inventory control and engineering analysis programs. Computer
programs may be either machine-dependent or machine-independent, and may be
general purpose in nature or designed to satisfy the requirements of a particular
user.
I.5.4 The term "computer databases", as used herein, means a collection of data in a
form capable of being processed and operated on by a computer.
I.5.5 All data first produced in the performance of this Contract shall be the sole
property of the District. The Contractor hereby acknowledges that all data,
including, without limitation, computer program codes, produced by Contractor
for the District under this Contract, are works made for hire and are the sole
property of the District; but, to the extent any such data may not, by operation of
law, be works made for hire, Contractor hereby transfers and assigns to the
District the ownership of copyright in such works, whether published or
unpublished. The Contractor agrees to give the District all assistance reasonably
necessary to perfect such rights including, but not limited to, the works and
supporting documentation and the execution of any instrument required to register
copyrights. The Contractor agrees not to assert any rights in common law or in
equity in such data. The Contractor shall not publish or reproduce such data in
whole or in part or in any manner or form, or authorize others to do so, without
written consent of the District until such time as the District may have released
such data to the public.
I.5.6 The District will have restricted rights in data, including computer software and
all accompanying documentation, manuals and instructional materials, listed or
described in a license or agreement made a part of this contract, which the parties
have agreed will be furnished with restricted rights, provided however,
notwithstanding any contrary provision in any such license or agreement, such
restricted rights shall include, as a minimum the right to:
I.5.6.1 Use the computer software and all accompanying documentation and
manuals or instructional materials with the computer for which or with
which it was acquired, including use at any District installation to which
the computer may be transferred by the District;
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I.5.6.2 Use the computer software and all accompanying documentation and
manuals or instructional materials with a backup computer if the
computer for which or with which it was acquired is inoperative;
I.5.6.3 Copy computer programs for safekeeping (archives) or backup purposes;
and modify the computer software and all accompanying documentation
and manuals or instructional materials, or combine it with other software,
subject to the provision that the modified portions shall remain subject to
these restrictions.
I.5.7 The restricted rights set forth in section I.5.6 are of no effect unless
(i) the data is marked by the Contractor with the following legend:
RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure is subject to restrictions stated in Contract
No. with (Contractor’s Name); and
(ii) If the data is computer software, the related computer software
documentation includes a prominent statement of the restrictions applicable
to the computer software. The Contractor may not place any legend on the
computer software indicating restrictions on the District’s rights in such
software unless the restrictions are set forth in a license or agreement made a
part of the contract prior to the delivery date of the software. Failure of the
Contractor to apply a restricted rights legend to such computer software shall
relieve the District of liability with respect to such unmarked software.
I.5.8 In addition to the rights granted in Section I.5.6 above, the Contractor hereby
grants to the District a nonexclusive, paid-up license throughout the world, of the
same scope as restricted rights set forth in Section I.5.6 above, under any
copyright owned by the Contractor, in any work of authorship prepared for or
acquired by the District under this contract. Unless written approval of the CO is
obtained, the Contractor shall not include in technical data or computer software
prepared for or acquired by the District under this contract any works of
authorship in which copyright is not owned by the Contractor without acquiring
for the District any rights necessary to perfect a copyright license of the scope
specified in the first sentence of this paragraph.
I.5.9 Whenever any data, including computer software, are to be obtained from a
subcontractor under this contract, the Contractor shall use this clause, I.5, Rights
in Data, in the subcontract, without alteration, and no other clause shall be used to
enlarge or diminish the District’s or the Contractor’s rights in that subcontractor
data or computer software which is required for the District.
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I.5.10 For all computer software furnished to the District with the rights specified in
Section I.5.5, the Contractor shall furnish to the District, a copy of the source code
with such rights of the scope specified in Section I.5.5. For all computer software
furnished to the District with the restricted rights specified in Section I.5.6, the
District, if the Contractor, either directly or through a successor or affiliate shall
cease to provide the maintenance or warranty services provided the District under
this contract or any paid-up maintenance agreement, or if Contractor should be
declared bankrupt or insolvent by a court of competent jurisdiction, shall have the
right to obtain, for its own and sole use only, a single copy of the then current
version of the source code supplied under this contract, and a single copy of the
documentation associated therewith, upon payment to the person in control of the
source code the reasonable cost of making each copy.
I.5.11 The Contractor shall indemnify and save and hold harmless the District, its
officers, agents and employees acting within the scope of their official duties
against any liability, including costs and expenses, (i) for violation of proprietary
rights, copyrights, or rights of privacy, arising out of the publication, translation,
reproduction, delivery, performance, use or disposition of any data furnished
under this contract, or (ii) based upon any data furnished under this contract, or
based upon libelous or other unlawful matter contained in such data.
I.5.12 Nothing contained in this clause shall imply a license to the District under any
patent, or be construed as affecting the scope of any license or other right
otherwise granted to the District under any patent.
I.5.13 Paragraphs I.5.6, I.5.7, I.5.8, I.5.11 and I.5.12 above are not applicable to material
furnished to the Contractor by the District and incorporated in the work furnished
under contract, provided that such incorporated material is identified by the
Contractor at the time of delivery of such work.
I.6 OTHER CONTRACTORS
The Contractor shall not commit or permit any act that will interfere with the
performance of work by another District contractor or by any District employee.
I.7 SUBCONTRACTS
The Contractor hereunder shall not subcontract any of the Contractor’s work or services
to any subcontractor without the prior written consent of the CO. Any work or service so
subcontracted shall be performed pursuant to a subcontract agreement, which the District
will have the right to review and approve prior to its execution by the Contractor. Any
such subcontract shall specify that the Contractor and the subcontractor shall be subject
to every provision of this contract. Notwithstanding any such subcontract approved by
the District, the Contractor shall remain liable to the District for all Contractor's work and
services required hereunder.
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I.8 INSURANCE
A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and
maintain, during the entire period of performance under this contract, the types of
insurance specified below. The Contractor shall have its insurance broker or insurance
company submit a Certificate of Insurance to the CO giving evidence of the required
coverage prior to commencing performance under this contract. In no event shall any
work be performed until the required Certificates of Insurance signed by an authorized
representative of the insurer(s) have been provided to, and accepted by, the CO. All
insurance shall be written with financially responsible companies authorized to do
business in the District of Columbia or in the jurisdiction where the work is to be
performed and have an A.M. Best Company rating of A- / VII or higher. The Contractor
shall require all of its subcontractors to carry the same insurance required herein.
All required policies shall contain a waiver of subrogation provision in favor of the
Government of the District of Columbia.
The Government of the District of Columbia shall be included in all policies required
hereunder to be maintained by the Contractor and its subcontractors (except for workers’
compensation and professional liability insurance) as an additional insureds for claims
against The Government of the District of Columbia relating to this contract, with the
understanding that any affirmative obligation imposed upon the insured Contractor or its
subcontractors (including without limitation the liability to pay premiums) shall be the
sole obligation of the Contractor or its subcontractors, and not the additional insured.
The additional insured status under the Contractor’s and its subcontractors’ Commercial
General Liability insurance policies shall be effected using the ISO Additional Insured
Endorsement form CG 20 10 11 85 (or CG 20 10 07 04 and CG 20 37 07 04) or such
other endorsement or combination of endorsements providing coverage at least as broad
and approved by the CO in writing. All of the Contractor’s and its subcontractors’
liability policies (except for workers’ compensation and professional liability insurance)
shall be endorsed using ISO form CG 20 01 04 13 or its equivalent so as to indicate that
such policies provide primary coverage (without any right of contribution by any other
insurance, reinsurance or self-insurance, including any deductible or retention,
maintained by an Additional Insured) for all claims against the additional insured arising
out of the performance of this Statement of Work by the Contractor or its subcontractors,
or anyone for whom the Contractor or its subcontractors may be liable. These policies
shall include a separation of insureds clause applicable to the additional insured.
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 Grantee and subcontractors.
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
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coverage at least as broad and approved by the CO in writing), covering liability for
all ongoing and completed operations of the Contractor, including ongoing and
completed operations under all subcontracts, and covering claims for bodily injury,
including without limitation sickness, disease or death of any persons, injury to or
destruction of property, including loss of use resulting therefrom, personal and
advertising injury, and including coverage for liability arising out of an Insured
Contract (including the tort liability of another assumed in a contract) and acts of
terrorism (whether caused by a foreign or domestic source). Such coverage shall have
limits of liability of not less than $1,000,000 each occurrence, a $2,000,000 general
aggregate (including a per location or per project aggregate limit endorsement, if
applicable) limit, a $1,000,000 personal and advertising injury limit, and a $2,000,000
products-completed operations aggregate limit.
2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory
to the CO of commercial (business) automobile liability insurance written on ISO
form CA 00 01 10 13 (or another form with coverage at least as broad and approved
by the CO in writing) including coverage for all owned, hired, borrowed and non-
owned vehicles and equipment used by the Contractor, with minimum per accident
limits equal to the greater of (i) the limits set forth in the Contractor’s commercial
automobile liability policy or (ii) $1,000,000 per occurrence combined single limit for
bodily injury and property damage.
3. Workers’ Compensation Insurance - The Contractor shall provide evidence
satisfactory to the CO of Workers’ Compensation insurance in accordance with the
statutory mandates of the District of Columbia or the jurisdiction in which the
contract is performed.
Employer’s 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.
All insurance required by this paragraph 3 shall include a waiver of subrogation
endorsement for the benefit of Government of the District of Columbia.
4. Crime Insurance (3rd Party Indemnity) - The Contractor shall provide a 3rd Party
Crime policy to cover the dishonest acts of Contractor’s employees which result in a
loss to the District. The policy shall provide a limit of $1,000,000 per occurrence.
5. Cyber Liability Insurance - The Contractor shall provide evidence satisfactory to the
Contracting Officer of Cyber Liability Insurance, with limits not less than $2,000,000
per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad
to respond to the duties and obligations as is undertaken by Contractor in this
agreement and shall include, but not limited to, claims involving infringement of
intellectual property, including but not limited to infringement of copyright,
trademark, trade dress, invasion of privacy violations, information theft, damage to or
destruction of electronic information, release of private information, alteration of
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electronic information, extortion and network security. The policy shall provide
coverage for breach response costs as well as regulatory fines and penalties as well as
credit monitoring expenses with limits sufficient to respond to these obligations. This
insurance requirement will be considered met if the general liability insurance
includes an affirmative cyber endorsement for the required amounts and coverages.
6. Professional Liability Insurance (Errors & Omissions) - The Contractor shall provide
Professional Liability Insurance (Errors and Omissions) to cover liability resulting
from any error or omission in the performance of professional services under this
Contract. The policy shall provide limits of $1,000,000 per claim or per occurrence
for each wrongful act and $2,000,000 annual aggregate. The Contractor warrants that
any applicable retroactive date precedes the date the Contractor first performed any
professional services for the Government of the District of Columbia and that
continuous coverage will be maintained or an extended reporting period will be
exercised for a period of at least ten years after the completion of the professional
services.
7. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence
satisfactory to the CO of commercial umbrella or excess liability insurance with
minimum limits equal to the greater of (i) the limits set forth in the Contractor’s
umbrella or excess liability policy or (ii) $5,000,000 per occurrence and $5,000,000
in the annual aggregate, following the form and in excess of all liability policies. All
liability coverages must be scheduled under the umbrella and/or excess policy. The
insurance required under this paragraph shall be written in a form that annually
reinstates all required limits. Coverage shall be primary to any insurance, self-
insurance or reinsurance maintained by the District and the “other insurance”
provision must be amended in accordance with this requirement and principles of
vertical exhaustion.
B. PRIMARY AND NONCONTRIBUTORY INSURANCE
The insurance required herein shall be primary to and will not seek contribution from any
other insurance, reinsurance or self -insurance including any deductible or retention,
maintained by the Government of the District of Columbia.
C. DURATION. The Contractor shall carry all required insurance until all contract
work is accepted by the District of Columbia, and shall carry listed coverages for ten
years for construction projects following final acceptance of the work performed under
this contract and two years for non-construction related contracts.
D. LIABILITY. These are the required minimum insurance requirements established by the
District of Columbia. HOWEVER, THE REQUIRED MINIMUM INSURANCE
REQUIREMENTS PROVIDED ABOVE WILL NOT IN ANY WAY LIMIT THE
CONTRACTOR’S LIABILITY UNDER THIS CONTRACT.
E. 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
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equipment, scaffolding and temporary structures, rented machinery, or owned and leased
equipment. A waiver of subrogation shall apply in favor of the District of Columbia.
F. MEASURE OF PAYMENT. The District shall not make any separate measure or
payment for the cost of insurance and bonds. The Contractor shall include all of the costs
of insurance and bonds in the contract price.
G. NOTIFICATION. The Contractor shall ensure that all policies provide that the CO
shall be given thirty (30) days prior written notice in the event of coverage and / or limit
changes or if the policy is canceled prior to the expiration date shown on the certificate.
The Contractor shall provide the CO with ten (10) days prior written notice in the event
of non-payment of premium. The Contractor will also provide the CO with an updated
Certificate of Insurance should its insurance coverages renew during the contract.
H. CERTIFICATES OF INSURANCE. The Contractor shall submit certificates of
insurance giving evidence of the required coverage as specified in this section prior to
commencing work. Certificates of insurance must reference the corresponding contract
number. Evidence of insurance shall be submitted to:
The Government of the District of Columbia
And mailed to the attention of:
Tia M. Mercer
Supervisory Contract Specialist
Office of Contracting and Procurement
441 4th Street NW, Suite 330 South
Washington, DC 20001
(202) 724-5446 office
(202) 657-9868 cell
tia.mercer@dc.gov
The CO may request and the Contractor shall promptly deliver updated certificates of
insurance, endorsements indicating the required coverages, and/or certified copies of the
insurance policies. If the insurance initially obtained by the Contractor expires prior to
completion of the contract, renewal certificates of insurance and additional insured and
other endorsements shall be furnished to the CO prior to the date of expiration of all such
initial insurance. For all coverage required to be maintained after completion, an
additional certificate of insurance evidencing such coverage shall be submitted to the CO
on an annual basis as the coverage is renewed (or replaced).
I. DISCLOSURE OF INFORMATION. The Contractor agrees that the District may
disclose the name and contact information of its insurers to any third party which presents
a claim against the District for any damages or claims resulting from or arising out of
work performed by the Contractor, its agents, employees, servants or subcontractors in
the performance of this contract.
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J. CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in
connection with this contract shall be written by insurance companies with an A.M. Best
Insurance Guide rating of at least A- VII (or the equivalent by any other rating agency)
and licensed in the in the District.
I.9 EQUAL EMPLOYMENT OPPORTUNITY
In accordance with the District of Columbia Administrative Issuance System, Mayor’s
Order 85-85 dated June 10, 1985, the forms for completion of the Equal Employment
Opportunity Information Report are incorporated herein as Section J.3. An award cannot
be made to any offeror who has not satisfied the equal employment requirements.
I.10 ORDER OF PRECEDENCE
A conflict in language shall be resolved by giving precedence to the document in the
highest order of priority that contains language addressing the issue in question. The
following documents are incorporated into the contract by reference and made a part of
the contract in the following order of precedence:
(1) An applicable Court Order, if any
(2) Contract document
(3) Standard Contract Provisions
(4) Contract attachments other than the Standard Contract Provisions
(5) RFP, as amended
(6) BAFOs (in order of most recent to earliest)
(7) Proposal
I.11 DISPUTES
Delete Article 14, Disputes, of the Standard Contract Provisions dated July 2010 for use
with District of Columbia Government Supplies and Services Contracts and substitute the
following Article 14, Disputes) in its place:
14. Disputes
All disputes arising under or relating to the contract shall be resolved as provided herein.
(a) Claims by the Contractor against the District: Claim, as used in paragraph
(a) of this clause, means a written assertion by the Contractor seeking, as a
matter of right, the payment of money in a sum certain, the adjustment or
interpretation of contract terms, or other relief arising under or relating to the
contract. A claim arising under a contract, unlike a claim relating to that
contract, is a claim that can be resolved under a contract clause that provides
for the relief sought by the claimant
(1) All claims by a Contractor against the District arising under or relating to a
contract shall be in writing and shall be submitted to the CO for a decision. The
Contractor’s claim shall contain at least the following:
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(i) A description of the claim and the amount in dispute;
(ii) Data or other information in support of the claim;
(iii) A brief description of the Contractor’s efforts to resolve the dispute prior
to filing the claim; and
(iii)The Contractor’s request for relief or other action by the CO.
(2) The CO may meet with the Contractor in a further attempt to resolve the claim by
agreement.
(3) The CO shall issue a decision on any claim within 120 calendar days after receipt
of the claim. Whenever possible, the CO shall take into account factors such as
the size and complexity of the claim and the adequacy of the information in
support of the claim provided by the Contractor.
(4) The CO’s written decision shall do the following:
(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific
findings of fact, although specific findings of fact are not
required and, if made, shall not be binding in any subsequent
proceeding;
(v) If all or any part of the claim is determined to be valid,
determine the amount of monetary settlement, the contract
adjustment to be made, or other relief to be granted;
(vi) Indicate that the written document is the CO’s final decision;
and
(vii) Inform the Contractor of the right to seek further redress by
appealing the decision to the Contract Appeals Board.
(5) Failure by the CO to issue a decision on a contract claim within 120 days of
receipt of the claim will be deemed to be a denial of the claim, and will authorize
the commencement of an appeal to the Contract Appeals Board as provided by
D.C. Official Code § 2-360.04.
(6) If a contractor is unable to support any part of its claim and it is
determined that the inability is attributable to a material misrepresentation
of fact or fraud on the part of the Contractor, the Contractor shall be liable
to the District for an amount equal to the unsupported part of the claim in
addition to all costs to the District attributable to the cost of reviewing that
part of the Contractor’s claim. Liability under this paragraph (a)(6) shall
be determined within six (6) years of the commission of the
misrepresentation of fact or fraud.
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(7) Pending final decision of an appeal, action, or final settlement, the Contractor
shall proceed diligently with performance of the contract in accordance with the
decision of the CO.
(b) Claims by the District against the Contractor: Claim as used in paragraph
(b) of this clause, means a written demand or written assertion by the District
seeking, as a matter of right, the payment of money in a sum certain, the
adjustment of contract terms, or other relief arising under or relating to the
contract. A claim arising under a contract, unlike a claim relating to that
contract, is a claim that can be resolved under a contract clause that provides
for the relief sought by the claimant.
(1) The CO shall decide all claims by the District against a contractor arising under or
relating to a contract.
(2) The CO shall send written notice of the claim to the contractor. The CO’s
written decision shall do the following:
(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific
findings of fact, although specific findings of fact are not
required and, if made, shall not be binding in any subsequent
proceeding;
(v) If all or any part of the claim is determined to be valid, determine the
amount of monetary settlement, the contract adjustment to be made,
or other relief to be granted;
(vi) Indicate that the written document is the CO’s final decision;
and
(vii) Inform the Contractor of the right to seek further redress by
appealing the decision to the Contract Appeals Board.
(3) The CO shall support the decision by reasons and shall inform the contractor
of its rights as provided herein.
(4) Before or after issuing the decision, the CO may meet with the Contractor to
attempt to resolve the claim by agreement.
(5) The authority contained in this paragraph (b) shall not apply to a claim or dispute
for penalties or forfeitures prescribed by statute or regulation which another
District agency is specifically authorized to administer, settle or determine.
(6) This paragraph shall not authorize the CO to settle, compromise, pay, or
otherwise adjust any claim involving fraud.
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(c) Decisions of the CO shall be final and not subject to review unless the Contractor
timely commences an administrative appeal for review of the decision, by filing a
complaint with the Contract Appeals Board, as authorized by D.C. Official Code
§ 2-360.04.
(d) Pending final decision of an appeal, action, or final settlement, the
Contractor shall proceed diligently with performance of the contract in
accordance with the decision of the CO.
I.12 CHANGES
Delete clause 15, Changes, of the Standard Contract Provisions dated July 2010 for use
with District of Columbia Government Supplies and Services Contracts and substitute the
following clause 15, Changes in its place:
15. Changes:
(a) The CO may, at any time, by written order, and without notice to the surety, if any,
make changes in the contract within the general scope hereof. If such change causes
an increase or decrease in the cost of performance of the contract, or in the time
required for performance, an equitable adjustment shall be made. Any claim for
adjustment for a change within the general scope must be asserted within ten (10)
days from the date the change is ordered; provided, however, that the CO, if he or
she determines that the facts justify such action, may receive, consider and adjust any
such claim asserted at any time prior to the date of final settlement of the contract. If
the parties fail to agree upon the adjustment to be made, the dispute shall be
determined as provided in clause 14 Disputes.
(b) The District shall not require the Contractor, and the Contractor shall not require a
subcontractor, to undertake any work that is beyond the original scope of the contract
or subcontract, including work under a District-issued change order, when the
additional work increases the contract price beyond the not-to-exceed price or
negotiated maximum price of this contract, unless the CO:
(1) Agrees with Contractor, and if applicable, the subcontractor on a price for
the additional work;
(2) Obtains a certification of funding to pay for the additional work;
(3) Makes a written, binding commitment with the Contractor to pay for the
additional work within 30-days after the Contractor submits a proper
invoice; and
(4) Provides the Contractor with written notice of the funding certification.
(c) The Contractor shall include in its subcontracts a clause that requires the Contractor
to:
(1) Within 5 business days of its receipt of notice the approved additional
funding, provide the subcontractor with notice of the amount to be paid to
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the subcontractor for the additional work to be performed by the
subcontractor;
(2) Pay the subcontractor any undisputed amount to which the subcontractor
is entitled for the additional work within 10 days of receipt of payment
from the District; and
(3) Notify the subcontractor and CO in writing of the reason the Contractor
withholds any payment from a subcontractor for the additional work.
(d) Neither the District, Contractor, nor any subcontractor may declare another party to
be in default, or assess, claim, or pursue damages for delays, until the parties to agree
on a price for the additional work.
I.13 CONTINUITY OF SERVICES
I.13.1 The Contractor recognizes that the services provided under this contract are vital
to the District and must be continued without interruption and that, upon contract
expiration or termination, a successor, either the District or another contractor, at
the District’s option, may continue to provide these services. To that end, the
Contractor agrees to:
I.13.1.1 Furnish phase-out, phase-in (transition) training; and
I.13.1.2 Exercise its best efforts and cooperation to effect an orderly and
efficient transition to a successor.
I.13.2 The Contractor shall, upon the CO’s written notice:
I.13.2.1 Furnish phase-in, phase-out services for up to 90 days after this contract
expires and
I.13.2.2 Negotiate in good faith a plan with a successor to determine the nature
and extent of phase-in, phase-out services required. The plan shall
specify a training program and a date for transferring responsibilities
for each division of work described in the plan, and shall be subject to
the CO’s approval.
I.13.3 The Contractor shall provide sufficient experienced personnel during the phase-in,
phase-out period to ensure that the services called for by this contract are
maintained at the required level of proficiency.
I.13.4 The Contractor shall allow as many personnel as practicable to remain on the job
to help the successor maintain the continuity and consistency of the services
required by this contract. The Contractor also shall disclose necessary personnel
records and allow the successor to conduct on-site interviews with these
employees. If selected employees are agreeable to the change, the Contractor
shall release them at a mutually agreeable date and negotiate transfer of their
earned fringe benefits to the successor.
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I.13.5 Only in accordance with a modification issued by the CO, the Contractor shall be
reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within
the agreed period after contract expiration that result from phase-in, phase-out
operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit)
under this contract.
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SECTION J: ATTACHMENTS
Attachment
Number Document
J.1 Government of the District of Columbia Standard Contract Provisions for Use
with the Supplies and Services Contracts (July 2010)
J.2 U.S. Department of Labor Wage Determination No. 2015-4281, Revision no. 32,
dated December 23, 2024
J.3 Way to Work Amendment Act of 2006 - Living Wage Notice
J.4 Way to Work Amendment Act of 2006 - Living Wage Fact Sheet
The following list of exhibits are incorporated into the contract by reference:
Exhibit
Number
Document
(As described in Section C.5)
1 Reserved
2 Sample Computerized Trial Balance Report (C.5.15)
3 Sample New Loans Report (C.5.29)
4 Sample Delinquency Report (C.5.35)
5 Sample Transaction Activity Report (C.5.7)
6 Sample Loan Paid Off Transaction Activity Report (C.5.34)
7 Sample Deed of Trust for Single-Family Housing Rehabilitation Program (C.5.30)
8 Sample Promissory Note for Single-Family Housing Rehabilitation Amortized
Program (C.5.30 and C.5.39)
9 Sample Promissory Note for Home Purchase Assistance Program (C.5.30 and C.5.39)
10 Sample Deed of Trust for Home Purchase Assistance Program (C.5.30)
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Exhibit
Number
Document
(As described in Section C.5)
11 Sample Promissory Note for Employee-Assistance Program (C.5.30 and C.5.39)
12 Sample Deed of Trust for Employee-Assistance Program (C.5.30)
13 Sample Deed of Trust Note for Multi-Family Housing Rehabilitation Program (C.5.30)
14 Sample Deed of Trust for Multi-Family Housing Rehabilitation Program (C.5.30)