Proposed Contract with Atmos Solutions, Inc. to Contract No. DCAM-24-CS-IFB-0016

MURIELBOWSERMAYOR
April25, 2025
The Honorable PhilMendelson
Chairman
Councilof theDistrictof Columbia
John A. Wilson Building
1350 PennsylvaniaAvenue, NW, Suite504
Washington,DC 20004
Dear Chairman Mendelson:
Pursuantto section451 of the Districtof Columbia Home Rule Act (D.C. OfficialCode § 1-
204.51) and the Procurement PracticesReform Act (D.C. OfficialCode §§ 2-351.01 et seq.),
enclosedforconsiderationand approved by the Councilof the Districtof Columbia isproposed
ContractNo. DCAM-24-CS-IFB-0016 with Atmos Solutions,Inc.,inthenot-to-exceedamount of
$5,578,928.32.The proposedcontracthas a finalcompletiondateof March 5,2026.
Undertheproposedcontract,AtmosSolutions,Inc.,willcompletetherequiredservicestoabateandrazetheBenningRoadTransferStation.
My administrationisavailabletodiscussanyquestionsyoumayhaveregardingtheproposedcontract.Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasecontactDelanoHunter,Director,DepartmentofGeneralServices(“DGS”),orhaveyourstaffcontactErieNjonjo,
ActingChiefProcurementOfficer,DGS,at(202)727-2800.
I lookforward totheCouncils favorableconsiderationofthis contract.
Sincerely,
Mfriel Bpwser
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

1

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: DCAM-24-CS-IFB-0016

Contractor: Atmos Solutions, Inc.

Proposed Contract Amount: Not-to-Exceed (“NTE”) $5,578,928.32

Unit and Method of Compensation: Progress payments based on
percentage of work completed

Term of Contract: 380 days from the date the Letter Contract was
executed (2/18/2025 – 3/5/2026)

Type of Contract: Lump Sum with progress payments

Source Selection Method: Competitive Sealed Bid (Invitation for Bid)

(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:

N/A

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

The Notice to Proceed and Letter Contract (“Letter Contract”) was executed on February 18, 2025.

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

The Letter Contract has been extended two times:

2

1. Modification No. 1 to the Letter Contract extended the duration of the Letter Contract to
April 30, 2025
2. Modification No. 2 ton the Letter Contract extended the duration of the Letter Contract to
May 31, 2025.

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

The total value of the goods and services provided to date under the Letter C ontract is $950,000,
which represents the not-to-exceed amount established by the Letter Contract.

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

If approved, Contract No. DCAM -24-CS-IFB-0016 (the “Contract”), between the Department of
General Services (“DGS” or the “Department”) and Atmos Solutions, Inc. (the “Contractor”) will
require the Contractor to provide preconstruction and construction services to complete the
abatement and raze the Benning Road Transfer Station at 3200 Benning Road, NE, Washington, DC
20019. The site is occupied by an approximately 78,000 square foot transfer station building that
operates as a municipal solid waste and recycling materials accumulation transfer station. The
preconstruction activities include: (i) obtaining the necessary permits; (ii) submitting the necessary
hazmat reports and other submittals required; (i ii) submitting an acceptable safety plan; and ( iv)
developing a Site Logistics Plan to include the manner in which the work will be implemented. The
construction services shall include among other things, submitting any necessary construction phase
information (i.e., shop drawings, submittals, sketches), abate and legally dispose of any Hazardous
Materials in the demolished facility , demolition to include the building, slab on grade, along with any
footings for the existing foundation, and raze the building in accordance with Department of Buildings
guidelines. The term of the Contract runs through March 5, 2026 (Final Completion).

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

On August 15, 2024, the Department issued an Invitation for Bids (“IFB”) to engage a contractor
for the Project. On the bid due date, September 30, 2024, a total of seven (7) companies (collectively,
the “Bidders” and each individually, a “Bidder”) submitted bids in a timely manner.

At the virtual bid opening, the Department reviewed each Bidder’s Offer Letter and Bid Form and
reported each Bidder's Total Lump Sum Price to complete the Project . Each Bidder’s Total Lump
Sum Price was determined by adding the price to abate and raze the building, CLIN 001, plus Owner
Directed Allowances, CLIN 002, Unit Price Allowances, CLIN 003 and Add-Alternates, CLIN 004.
Utilizing the Bidder's preferences as determined by the Department of Small and Local Business
Development (“DSLBD”), each Bidder' s Evaluated Bid Price was determined by reducing the
Bidder's total bid price by the appropriate percentage resulting in the identification of the lowest
apparent bidder.

3

A comprehensive review of the lowest apparent bid der’s submission determined the bid not fully
conform to the mandatory or essential requirements of the solicitation and was therefore determined
non-responsive.

The second lowest bid was submitted by Atmos Solutions, Inc. A review of Atmos’ bid found the
bidder to be responsive. In addition, the Contracting Officer, by written determination, found the
Bidder responsible.

Pursuant to the IFB, having found: (i) the Contractor’s bid responsive; (ii) the Contractor’s bid to be
the lowest evaluated price; and (iii) the Contractor responsible, the Contracting Officer, by award
memorandum executed on October 28, 2024, concluded that it was advantageous to award Contract
No. DCAM-24-CS-IFB-0016 to Atmos.

(H) A description of any bid protest related to the award of the contract, including whether the
protest was resolved through litigation, withdrawal of the protest by the protestor, or
voluntary corrective action by the District. Include the identity of the protestor, the grounds
alleged in the protest, and any deficiencies identified by the District as a result of the protest:

The award of the Contract was not protested.

(I) The background and qualifications of the proposed contractor, including its organization,
financial stability, personnel, and performance on past or current government or private
sector contracts with requirements similar to those of the proposed contract:

The Contractor is a certified business enterprise and has demonstrated through past performance
for the Department and other District agencies to have the financial stability, personnel, and
satisfactory performance record to perform the required services. In addition, Atmos as performed
similar demolition and abatement services for the Department including the Motorpool Building
and Historic Drybarn at St. Elizabeths East Campus. The Contractor has been determined
responsible in accordance with 27 DCMR §2200.

(J) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
D.C. Official Code § 2-218.01 et seq. (“Act”), including a certification that the subcontracting
plan meets the minimum requirements of the Act and the dollar volume of the portion of the
contract to be subcontracted, expressed both in total dollars and as a percentage of the total
contract amount:

The Contractor is a certified business enterprise in accordance with the Act (CBE Number:
LSDRE48572102027). The Contractor submitted a subcontracting plan that meets the minimum
requirements of the Act.

Total Dollar Value Contract $5,578,928.32
Atmos Self-perform (60%) $3,328,928.32
Available to be Subcontracted $2,250,000.00
Subcontracting Amount $2,250,000.00

4

Subcontracting % 100%

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

The Contractor is required to provide all of the labor, tools, equipment, and materials and other
services necessary for completion of the Project. The Project must be complete no later than March
5, 2026. The Contractor is subject to liquidated damages of $1,500 per workday of delay for failure
to timely complete the work for the Project . Additionally, t he Department may also withhold
payments to the Contractor based on defects in any application for payment or performance on the
Project.

In general, the Contractor must perform the requirements contained in the Contract and meet or
exceed the performance standards therein. The Contractor’s performance will be monitored by DGS
staff and DGS’ designated Program Manager.

(L) 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 executed by the Department on February 18, 2025 provides for a not-to-exceed
amount of $950,000.00, representing the total expenditure of funds authorized to date.

(M) A certification that the proposed contract is within the appropriated budget authority for the
agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:

The Office of the Chief Financial Officer has certified that the proposed Contract’s amount is
consistent with the Department’s budget and that adequate funds are available in the Department’s
budget in accordance with §§47- 392.01 and 47- 392.02. The applicable Fiscal Sufficiency
certification accompanies this Council Package.

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

The proposed Contract has been deemed legally sufficient by the Department’s Office of the General
Counsel and the Contractor does not appear to have any current pending legal claims against the
District.

(O) 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):

5

The Citywide Clean Hands database indicates that the Contractor is in compliance with the
Government of the District of Columbia tax laws and regulations. The applicable Clean Hands
certification for the Contractor accompanies this Council Package.

(P) A certification from the proposed contractor that it is current with its federal taxes, or has
worked out and is current with a payment schedule approved by the federal government:

The Contractor has certified that it is current with its federal taxes.

(Q) 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.:

According to the DSLBD website, the Contractor is a certified Local, and Long Time Resident
Owned Business Enterprise and a Local Manufacturing Business Enterprise located in
Development Enterprise Zone. The Contractor’s CBE Number is LSDRE48572102027, with an
expiration date of October 15, 2027.

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

N/A

(S) A statement indicating whether the proposed contractor is currently debarred from
providing services or goods to the District or federal government, the dates of the
debarment, and the reasons for debarment:

The Contractor is not debarred from providing services to the Government of the District of
Columbia or the Federal Government according to the Office of Contracts & Procurement’s
Excluded Parties List and the Federal Government’s Excluded Parties List.

(T) 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):

None

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

Contract award information will be published on the DGS website.

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

The original solicitation and any amendments can be found on the Department’s web site.

6

(W) A certification that the proposed contractor has been determined not to 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;
and (2) A certification from the proposed contractor that it currently is not and will not
be in violation of section 334a of the Board of Ethics and Government Accountability
Establishment and Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official
Code § 1-1163.34a:

Based upon a certification from the Contractor, the Contractor has been determined not to be in
violation of D.C. Official Code § 1-1163.34a; and will not be in violation of D.C. Official Code
§ 1-1163.34a.
1101 4th Street, SW
Washington, DC 20024
Date of Notice: March 23, 2025 L0013964904Notice Number:
FEIN: **-***1304
Case ID: 18482993

Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
ATMOS SOLUTIONS INC
6856 EASTERN AVE NW
WASHINGTON DC 20012-2165

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 GENERAL SERVICES

Office of the Chief Financial Officer

Memorandum

To: Delano Hunter
Director

From: Antoinette Hudson-Beckham
Agency Fiscal Officer

Re: Benning Road Waste Transfer Station – Abatement and Building Raze

Date: April 4, 2025

Subject: Fiscal Sufficiency Review
___________________________________________________________________________
In my capacity as the Agency Fiscal Officer of the Department of General Services (the
"Department"), I hereby state that the contract for the abatement and razing for Benning Road
Transfer Station (DCAM -24-CS-IFB-00016) with Atmos Solutions, Inc. in the amount of Five
Million Five Hundred Seventy-Eight Thousand Nine Thousand Twenty-Eight Dollars and Thirty-
Two Cents ($5,578,928.32) is consistent with the Department’s current budget intra District capital
budget and adequate funds are available in the budget for expenditures. The amount will not
unbalance the capital fund.

Per Contracts & Procurement (C&P), the Department of General issued a letter co ntract in the
amount of $950,000.00. The letter contract was funded under PO722561. The Department is now
seeking approval to increase the contract amount by $4,628,928.32 to $ 5,578,928.32
($950,000.00+$4,628,928.32).

The Department of General Service (DGS – Seller Agency) has $5,578,928.32 for “capital
eligible” items only, as per the District Capital Guidelines, in capital interagency funds available,
from The Department of Public Works (DPW – Buyer Agency). The PASS /DIFS information is
as follows.

Project Name Project
Number
Fund
Detail AY Imp
AGY
Owner
AGY RQ/PO Amount Comments
KT0 - Benning Road and Fort Totten
Transfer Stations 300254 3030300 N/A AM0 KT0 PO722561 $950,000.00 Letter
Contract
KT0 - Benning Road and Fort Totten
Transfer Stations 300254 3030300 N/A AM0 KT0 RK299369 $4,628,928.32 Proposed
Increase
TOTAL $5,578,928.32

Fiscal Sufficiency Review
Benning Road Waste Transfer Station – Abatement and Building Raze
Contract Number: DCAM-21-CS-FP-0008L
Page 2 of 7

Antoinette Hudson-Beckham
Agency Fiscal Officer

for AHB
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

______________________________________________________________________________

Page 1 of 1

Memorandum

TO: Tomás Talamante
Director, Office of Policy and Legislative Affairs

FROM: Kristen Walp
Senior Assistant General Counsel

SUBJECT: Legal Sufficiency Certification

Contract for Benning Road Transfer Station – Abatement and Raze Building

Contract Number: DCAM-24-CS-IFB-0016
Contractor: Atmos Solutions, Inc.

DATE: April 10, 2025
_____________________________________________________________________________

This is to certify that this Office has reviewed the above-referenced proposed Contract and
has found it to be legally sufficient, subject to submission of: (i) any required materials to
Council for approval; (ii) Council’s approval of the same; and (iii) a Fiscal Certification
issued by the Department of General Services’ Agency Fiscal Officer.

Please feel free to contact me at (202) 727-2800 with any questions.

____________________________
Kristen Walp
Senior Assistant General Counsel

'Ks
ZED
EdK&d,
/^dZ/dK&K>hD/

WZdD
EdK&'
E
Z>^
Zs/
^
December 30, 2024
Sent via email to Anthony Fernando at afernando@atmossolutionsinc.com
Anthony Fernando
Atmos Solutions, Inc.
6856 Eastern Avenue NW, Suite 205
Washington, DC 20012
Reference: Invitation for Bid No. DCAM-24-CS-IFB-0016 (“IFB”) – Benning Road
Waste Transfer Station - Abatement and Raze Building
Subject: Notice to Proceed and Letter Contract
Dear Mr. Fernando:
We refer to the bid submitted by Atmos Solutions, Inc.(the “Contractor” or “Atmos”) in
response to the above-referenced IFB. As noted in the Department of General Services’ (“DGS”
or the “Department”) Notice of Award, Atmos has been selected to perform the required
services. If this Letter Contract (“Letter Contract”) is signed by the Contractor without
modification of any kind, it will serve as th e notice to proceed for the work described below.
This notice to proceed is subject to the following terms:
1. Letter Contract. This is a Letter Contract between the Contractor and the District of
Columbia Government, acting by and through DGS, and shall govern our relationship until such
time as a final contract is en tered into for the work describe d in Invitation for Bid DCAM-24-
CS-IFB-0016, as amended, including Section C – Scope of Work of this IFB, the Drawings
(Attachment J.1 ), the DGS Standard Contract Prov isions for Construction Contracts
(Attachment J.2), and other associated attachments of this IFB (the ͆Definitive Contract͇);
provided, however, that to the extent an issue is no t covered in this Letter Contract, the IFB, as
amended, shall govern. Once the Definitive Contract is executed by an authorized Contracting
Officer, this Letter Contract shall automatically be incorporated into and shall merge into and be
superseded by the Definitive Contract. For purposes of this IFB, ͆Drawings͇ is defined as
the documents included in Attachment J.1 and includes. Attachment J.1.1 Existing Facility
Drawings, Attachment J.1.2 Hazardous Materials Report, Attachment J.1.3 Underground
Tanks Locations, and Attachment J.1.4 Temporary Excavation Support.
2. Scope of Work. The Contractor shall provide all labor, materials, and equipment for the
demolition of the Fletcher Johnson School project (the “Project”) in accordance with the IFB to
include, but not limited to, Section C of the IFB, the Drawings ( Attachment J.1 ), the DGS
Standard Contract Provisions for Construction Contracts ( Attachment J.2 ), and other









 
 




attachments identified in Section J of the IFB.

Specifically, Atmos shall provide the items listed in the Schedule of Values (Exhibit 2).

3. Deliverables. In connection with the services provided pursuant to this Letter Contract,
the Contractor shall provide, at a minimum, the d eliverables identified in the Schedule of
Values (Exhibit 2) to the Department̓s Project Manager, and, in the referenced instances, to
the Contracting Officer, as applicable.

4. Amount. The limit of this authorization is up to $950,000. This amount includes the
Schedule of Values provided in Exhibit 2. In no event will the Contractor be entitled to receive
more than this amount unless authorized in advance and in writing by a duly authorized
Contracting Officer. This amount includes all costs incurred by the Contractor in connection
with the work authorized hereby.
5. Insurance. At all times while working under this Letter Contract, the Contractor shall
maintain insurance as described in Section I.9 of the IFB, as amended. All such policies shall be
endorsed to add the District of Columbia, incl uding, but not limited to, its Department of
General Services, and the respective agents, employees, and offices of each as additional
insureds.

6. Duration. Once executed, the Letter Contract w ill become effective on the date the
Letter Contract is executed by the Department. This Letter Contract, on the earlier occurrence
of the following, will either: (i) terminate on March 22, 2025; or (ii) automatically be
incorporated into and shall merge into and be superseded by the Definitive Contract on the date
the Definitive Contract becomes effective. DGS reserves the right to terminate this Letter
Contract, in whole or specified part, for conve nience in the manner described in Article 5 and
Article 6 of the District of Columbia Department of General Services Standard Contract
Provisions General Provisions (Construction Contracts) (Exhibit 1).

7. Key Personnel. To carry out its duties, th e Contractor shall provide at least the key
personnel identified in Exhibit 3 (“Key Personnel”), who shall carry out the functions
identified in Exhibit 3. The Key Personnel shall include:

a) Project Executive
b) Field Superintendent and
c) Project Manager

8. ProjectTeam. The Contractor shall utilize the Department’s current project management
software (͆ProjectTeam͇) system to submit any and all Project Documentation required to
be provided by the Contractor for the Project, in cluding, but not limited to: (i) requests for
information; (ii) submittals; (i ii) meeting minutes; (v) certified payrolls (in addition to upload
via LCP Tracker); (vi) drawings and specifications ; (vii) punchlist; and (viii) other Project
Documents as may be designated by the Depar tment. The Contractor also shall require all
subcontractors and subconsultants to utilize ProjectTeam for the Project execution.

Electronic storage and transmission of information via ProjectTeam system shall be compliant
with the provisions of the Document Security section of these General Requirements.

9. Ownership and Use of Documents. All documents and work products prepared by the









 
 




Contractor shall become the property of the Department upon the payment of invoices submitted
under the Letter Contract.

10. Compliance. This authorization to proceed includes appropriate provisions relating to
compliance documents (First Source Employmen t Agreement, Department of Small and Local
Business Development (“DSLBD”)) and insurance. At a minimum, however, the Department ’s
Standard Contract Provisions Genera l Provisions (Construction Contracts) ( Exhibit 1 ) shall
apply. In addition to the requirements set forth in any such subsequent authorization, prior to
executing this Letter Contract, the Contractor shall provide the Department ̓s Contracting
Officer with certificates evidencing insurance. In the event the Contractor fails to provide the
Department with such certificates of insurance, the Department may withhold any subsequent
payment until such documents are provided.

11. Entire Agreement; Modification. This Letter Contract, along with the Standard Contract
Provisions General Provisions (Construction Contracts) ( Exhibit 1) and the Contractor ̓s Bid
(Exhibit 4 ) dated November 14, 2024, supersede all contemporaneous or representations,
course of dealing, or agreements, either written or oral. No modifications to this Letter Contract
shall be effective against the Department and unless made in writing signed by the Department.
Notwithstanding the provisions of this Section 11, nothing herein shall limit the Department̓s
ability to unilaterally modify this Letter Contract.

12. Davis Bacon Act. The Contractor agrees that the work performed under this Letter
Contract shall be subject to the Davis Bacon Act as set forth in Exhibit 5.

13. Living Wage Act. The Contractor agrees th at the work performed under this Letter
Contract shall be subject to the Living Wag e Act in effect at the time of Letter Contract
execution by the Department. As such, the Contract or and its subcontractors shall comply with
the wage reporting requirements imposed by the act as set forth in Exhibit 6.

14. Campaign Finance Reform Act. The Contractor agrees to comply with the Campaign
Finance Reform Act certification requirement purs uant to the D.C. Official Code § 1-1161.01
(Exhibit 7).

15. Exhibits. The following exhibits are attach ed to the NTP/Letter Contract and are
available at DCAM-24-CS-IFB-0016 Notice to Proceed Letter Contract:

Exhibit 1 – District of Columbia Department of General Services Standard Contract
Provisions General Provisions (Construction Contracts)
Exhibit 2 – Schedule of Values
Exhibit 3 – Key Personnel
Exhibit 4 – Contractor’s Bid
Exhibit 5 – Davis Bacon
Exhibit 6 – 2024 Living Wage Act
Exhibit 7 – Campaign Finance Reform Act Self-certification

Signature Page follows.










 
 



ISSUED BY: ACCEPTED BY:
DEPARTMENT OF GENERAL SERVICES ATMOS SOLUTIONS
By: ____________________
Name: __________________
Title: ___________________
By: _______________
Name: James H. Marshall
Title: Contracting Officer
Date: 2/18/2025 Date: __________









 
 















X
2
3 RELEASE: It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases,
waives, settles and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions,
additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known
or unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequences
or result of, relating to or in any manner connected with this Modification, the above-referenced services, and the work provided
pursuant to this agreement.
3924 Minnesota Avenue NE 5th Floor
Washington, DC 20019 Washington, DC 20019
1. Section 4 Amount. This is a no-cost modification. The not to exceed amount of the contract remains
Section 6 Duration. Delete: March 22, 2025 Insert: April 30, 2025
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copies of the amendment: (b) By acknowledging receipt of this
February 18, 2025
following methods: (a) By completing Items 8 and 15, and returning
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT 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
ATMOS Solutions
6856 Eastern Avenue NW Suite 205
A. This change order is issued pursuant to: (Specify Authority)
Contractor
Renee Holmes
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
9B. Dated (See Item 11)
X D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Letter Contract DCAM-24-CS-IFB-0016
Section 11 and Exhibit 1, Standard Contract Provisions.
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
(Signature of person authorized to sign) (Signature of Contracting Officer) 3/21/2025
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
James H. Marshall
copy to the issuing office.is required to sign this document and return
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
E. IMPORTANT: is not,
Contracting and Procurement Division
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-24-CS-IFB-0016 1 2
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Letter Contract Modification 1 See Block 16C N/A
Benning Road Transfer Station -
Abatement and Raze Building
2. Modification Number
Capital Construction Division
3924 Minnesota Avenue NE 5th Floor
$950,000.00
4. Terms & Conditions. All other terms and conditions remain unchanged.
Letter Contract DCAM-24-CS-IFB-0016 is hereby modified as described below.
10A. Modification of Contract/Order No.Washington, DC 20012
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
10B. Dated (See Item 13)
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
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
DCAM-24-CS-IFB-0016X
1

(Continuation)
Contract Number Page of Pages
DCAM-24-CS-IFB-0016 2 of 2
5. Letter Contract Recap:
Letter Contract Executed $950,000
Modification No. 1 $0
$950,000
Extend Duration to 4/30/2025
Modification No.
Letter Contract Modification 1
Total Not to Exceed Amount
X
2
3
3924 Minnesota Avenue NE 5th Floor
$950,000.00
4. Terms & Conditions. All other terms and conditions remain unchanged.
Letter Contract DCAM-24-CS-IFB-0016 is hereby modified as described below.
10A. Modification of Contract/Order No.Washington, DC 20012
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
10B. Dated (See Item 13)
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
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
DCAM-24-CS-IFB-0016X
Contracting and Procurement Division
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-24-CS-IFB-0016 1 2
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Letter Contract Modification 2 See Block 16C N/A
Benning Road Transfer Station -
Abatement and Raze Building
2. Modification Number
Capital Construction Division
(Signature of person authorized to sign) (Signature of Contracting Officer) 4/18/2025
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
James H. Marshall
copy to the issuing office.is required to sign this document and return
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
E. IMPORTANT: is not,
X D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Letter Contract DCAM-24-CS-IFB-0016
Section 11 and Exhibit 1, Standard Contract Provisions.
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
A. This change order is issued pursuant to: (Specify Authority)
Contractor
Renee Holmes
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
9B. Dated (See Item 11)
1
RELEASE: It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases,
waives, settles and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions,
additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known
or unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequences
or result of, relating to or in any manner connected with this Modification, the above-referenced services, and the work provided
pursuant to this agreement.
3924 Minnesota Avenue NE 5th Floor
Washington, DC 20019 Washington, DC 20019
1. Section 4 Amount. This is a no-cost modification. The not to exceed amount of the contract remains
Section 6 Duration. Delete: April 30, 2025 Insert: May 31, 2025
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copies of the amendment: (b) By acknowledging receipt of this
February 18, 2025
following methods: (a) By completing Items 8 and 15, and returning
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT 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
ATMOS Solutions
6856 Eastern Avenue NW Suite 205

(Continuation)
Contract Number Page of Pages
DCAM-24-CS-IFB-0016 2 of 2
5. Letter Contract Recap:
Letter Contract Executed $950,000
Modification No. 1 $0
Modification No. 1 $0
$950,000
Modification No.
Letter Contract Modification 2
Total Not to Exceed Amount
Extend Duration to 5/31/2025
Extend Duration to 4/30/2025

ia,Capon | PaseotPagesBenning Road Waste TransferStation— |
Sead Abatement and BuildingRaze |
1,MarketTypeSBESet-Aside : | 12Soliitation/ContractNumber [3.EffetiveDate4Reqaisiion/PurchaseRequeatPrajetNo.DCAM-24-CS-1FB.00016SeeBlock18 RK282062IssuedBy: — 6.Administeredby(Ifotherthanline5) -|DepartmentofGeneralServices DepartmentofGeneralServices |ContrasandProcurementDivision CapitalConstrctionDivision3924MinnesotaAvenue,NESthFloor 3824MinnesotaAvenueNE,SthFloor‘Washington,DC20019 Washington,DC20019NameandAddressofContractor |&DeliveryAtmos Solutions,Inc. BAFOB OriginFother6856EasterAvenue,NWSuite205 3,RESERVEDWashington,DC20012 TO,SubmitinvoicesasdescribedinSectionG.1,Shipoharefor 2.Paymentwillbemadeby I‘GovernmentoftheDistrictofCalumbiaRESERVED DepartmentofGeneralServicesOttisoftheChieFinancialOicer3924MinnesotaAvene,NE,SthFloor|Washington,DC20019 _IsAekwawiedgemeatofdead : AmendmentNe [ateIheBidderacknowledgeseco ladenasettheSoictation ‘AddendumNo Tae= [—Afendum No ana —]3 ‘AddendumNo.3 |anim AddendumNot sateAdseodumNo5 simianAddendumNo.6 saunas 14,SuppliesServicesPrice ‘ContractAmountsSeeSectionB=ScopeofWorkSeeAttachmentJ14—FormofOfferLetterandBidForm15,TableofContents

'SPECIFICATIONS/WORKSTATEMENT.PACKAGINGANDMARKINGINSPECTIONANDACCEPTANCE.PERIODOFPERFORMANCEANDDELIVERABLES‘CONTRACTADMINISTRATIONSPECIALCONTRACTREQUIREMENTS“CONTRACTCLAUSESLISTOFATTACHMENTSREPRESENTATIONS,CERTIFICATIONSANDOTHERSTATEMENTSOFBIDDERS

17{—|--fs:
caffe

||
|

izle

1s. AWARD 1YourbidfortheabovereferencedSolicitationincludingyourBidandOferLetterandBidFormisherebyaccepted.TheContractoragreestofurnishanddeliveraltems,performalltheservicessetforthorotherwiseidentifiedaboveandonanycontinuationsheets,fortheconsiderationstatedherein

/17A.NameandTilofSignerTypeorrm) ]TBA,NameofContactingOfficerBranBute,ChitOperatingOfficer JamesH.MarshalTTBauppsSlaton,ne Pie DaeSemel|188.DistoFCommie T8CBaeSeeee(aon cag ro204 igunroConnceg

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 2 of 75

SECTION B
CONTRACT TYPE, SUPPLIES OR SERVICES, AND PRICE/COST

B.1 INTRODUCTION

The District of Columbia (the “District”) Department of General Services (“Department”
or “DGS”) is issuing this Invitation for Bids (“IFB” or “Solicitation”) to engage a Small
Business Enterprise (“SBE”) contractor (the “Contractor”) to provide all labor, materials,
and equipment to complete the required construction services for the abatement and raze
of the Benning Road Waste Transfer Station located at 3200 Benning Road, NE,
Washington, DC 20019 (the “Project”). The work shall be performed in accordance with
this IFB, including, but not limited to, Section C – Scope of Work of this IFB, the
Drawings (Attachment J.1), the DGS Standard Contract Provisions for Construction
Contracts (Attachment J.2), and other associated attachments of this IFB. For purposes
of this IFB, “Drawings” is defined as the documents included as Attachment J.1 and
includes. Attachment J.1.1 Existing Facility Drawings, Attachment J.1.2 Hazardous
Materials Report, Attachment J.1.3 Underground Tanks Locations, and Attachment
J.1.4 Temporary Excavation Support. The Department will not be providing traditional
demolition or construction drawings for this project.”

B.2 TYPE OF CONTRACT

B.2.1 This will be a lump sum price (“Lump Sum Price”) type contract (the “Contract”).
Bidders will be required to provide a Lump Sum Price to complete the Project, including,
but not limited to, profit, home and field office overhead, supervision, labor, materials,
equipment, bonds, insurance, and other services that may be required to obtain the
necessary permits, and construct the work and complete the Project. The Lump Sum
Price shall also include items that are not explicitly identified on the Drawings, but which
are reasonably inferable therefrom.

B.3 FORM OF OFFER LETTER AND BID FORM – Lump Sum Price

B.3.1 Lump Sum Price
The awarded Contractor shall be paid a Lump Sum Price, as detailed in the Form
of Offer Letter and Bid Form, Attachment J.14, to complete the Project.

B.3.2 Work Included in the Lump Sum Price
The Bidder acknowledges and understands that the Lump Sum Price is based on
the Specifications/Scope of Work (Section C), including the Drawings
(Attachment J.1),
It is understood and agreed that the Lump Sum Price represents the Bidder’s offer
to complete the Project. The Parties acknowledge and agree that the Contractor is
obligated to provide all labor, materials, and equipment to complete the Project as
contemplated in the Contract documents (“Contract Documents ”) for the Lump
Sum Price and consistent with the Project schedule. In furtherance of such
agreement, the Contractor assumes the risks associated with and shall be
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 3 of 75

responsible for: (i) any changes in market conditions that affect the cost of labor or
materials; (ii) coordination issues between the Drawings; (iii) elements of work not
shown on the Contract Documents, but which are reasonably inferable from the
Contract Documents; (iv) cost associated with acceleration of the work and
expediting of materials necessary to meet the Project schedule which is the result
of anything other than an excusable delay; and (v) the risk of subcontractor default
or non-performance. The Parties understand and agree that items (i) through (v)
listed in the preceding sentence are not intended to be an exclusive list of the risks
assumed by the awarded Contractor and that such items represent a partial list of
the risks assumed by the Contractor.

B.3.3 Basis of Lump Sum Price
The Lump Sum Price is based on the following documents that are incorporated
into the IFB and resulting Contract:

B.3.3.1 Attachment J.1 Drawings including
Attachment J.1.1 Existing Facility Drawings
Attachment J.1.2 Hazardous Materials Report
Attachment J.1.3 Underground Tanks Locations
Attachment J.1.4 Temporary Excavation Support

B.3.3.2 Attachment J.2
Standard Contract Provisions (Construction Contracts)

B.3.3.3 Attachment J.3
Davis-Bacon Wage Rates Determination

B.3.3.4 Attachment J.5
SBE Subcontracting Plan

B.3.3.5 Attachment J.6
2024 Living Wage Act Notice and Fact Sheet

B.3.3.6 Attachment J.7
First Source Employment Agreement and Employment Plan

B.3.3.7 Attachment J.14
Form of Offer Letter and Bid Form

B.3.4 Additional Information on Allowances and Alternates

The Department may elect to exercise one or more of the alternates identified in Section
C.4.2. The Lump Sum Prices for each Alternate will be included in the total Bid as
shown in Attachment J.14.

B.4 ACKNOWLEDGEMENT OF REVIEW OF CONTRACT DOCUMENTS

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 4 of 75

Before submitting its bid in response to this IFB, the Bidder acknowledges that it reviewed
the Drawings for accuracy, constructability, and completeness and was required to bring
such deficiencies to the attention of the Department so that the Department can address any
such deficiencies. The Contractor acknowledges that any deficiencies it identifies after
submitting its bid shall not be the basis for a change in the Lump Sum Price or delaying
the Project schedule to the extent that any such deficiencies in the Drawings could have
been identified by prior review of a competent prospective contractor or are considered to
be reasonably inferred to be required to complete the work.

B.4.1 During the term of the Contract, should any errors, omissions, ambiguities, or
discrepancies be found in the Contract Documents, or should there be found
any discrepancies between the Contract Documents to which the Contractor
has failed to call attention before submitting its bid, the Contractor shall bring
any such errors, omissions, ambiguities or discrepancies to the attention of the
Department, and the Department will interpret the intent of the Contract
Documents. The Contractor agrees to abide by and to carry out the work in
accordance with the decision of the Department with no delay. Wherever the
intent of the Contract Documents is not indicated clearly or there is a conflict
between the Contract Documents, the awarded Contractor will be held to have
included in the Lump Sum Price the more expensive material or method of
construction and the quantity of material.

B.4.2 If any item or material shown on the Drawings is omitted from the
Specifications, or vice versa (except when the Drawings and Specifications
clearly exclude such omitted item), and such item or material is required to
complete the detail shown or specified, and if additional details or instructions
are required to complete the work, then the Contractor is deemed to have made
an allowance in the Lump Sum Price for the completion of the work, consistent
with adjoining or similar details and the best accepted practices of the trade for
projects of this type and quality, whichever is more expensive , unless such
additional information was not reasonably inferable from the Contract
Documents. Without limiting the Contractor’s other duties, in the case of a
difference among the Contract Documents as to the Contractor’s obligations, or
an inconsistency in the Contract Documents, the Department will decide which
requirement governs; however, the Contractor shall assume that the more
expensive material or method of construction and the quantity of material shall
be required without a change to the Lump Sum Price.

B.4.3 Execution of the Contract by the Contractor is a representation that the
Contractor has thoroughly examined all Contract Documents, including all
details, plans, elevations, sections, schedules and diagrams, has visited the site,
has become familiar with local conditions under which the work is to be
performed, has correlated personal observations with the requirements of the
Contract Documents, and has satisfied itself before executing the Contract as to
all matters that can affect the work and its cost, including: (1) the nature of the
land and subsoil; (2) the form and nature of the site and surrounding areas; (3)
details and levels of existing pipe lines, conduits, sewers, drains, cables or other
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 5 of 75

existing services; (4) the quantities, nature and availability of the materials,
tools, equipment and labor necessary for the completion of the work; (5) the
means of access to the site and any accommodation the Contractor may require;
(6) familiarity with the risks and mitigation costs associated with the hazardous
materials and contaminated soils on the Project site; (7) uncertainties of weather
and physical conditions at the site; and (8) in general to have obtained all
necessary information as to risk c ontingencies, climatic, hydrological and
natural conditions and other circumstances which may influence or affect the
Contractor’s performance of the work. The Contractor waives any and all
claims against the Department arising from or relating to such contingencies
and conditions that are reasonably inferable from the Contract Documents, in
light of the required preconstruction review and inspection and the Contractor’s
expertise in the field of construction.

B.5 A Bidder responding to this IFB must submit with its bid a copy of the certification
acknowledgment letter, and a notarized statement detailing any subcontracting plan
required by law. A Bidder responding to this IFB shall be deemed nonresponsive and shall
be rejected if the Bidder fails to submit a subcontracting plan required by law. For contracts
more than $250,000.00, a Bidder shall ensure that its bid complies with the subcontracting
requirement(s) in accordance with Section H.9 of this IFB.

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 6 of 75

SECTION C
SCOPE OF WORK (“SOW”)/SPECIFICATIONS
C.1 SCOPE

C.1.1 The Contractor shall provide all labor, materials, and equipment to complete the required
construction services for the Project. The work shall be performed in accordance with this
IFB, including, but not limited to, Section C – Scope of Work of this IFB, the Benning
Road Waste Transfer Station Attachments (Attachments J.1), the DGS Standard Contract
Provisions for Construction Contracts (Attachment J.2), and other associated attachments
of this IFB. Additionally, the Contractor’s responsibilities shall include, but are not limited
to:

C.1.1.1 The selected contractor will be responsible for immediately securing the site
with temporary fencing to safeguard against further vandalism and unauthorized entry.

C.1.1.2 The selected contractor will be responsible for ensuring that the basement
remains unflooded during the abatement period of the contract.

C.1.2 The Department of Public Works ( “DPW”), the operating agency of the waste station,
commissioned a n Industrial Hygienist who provided an Environmental Report which
generally describes the work required to implement the Project (the “Work”). This report
is being issued as part of this procurement and should serve as a reference document in the
preparation of the bidder’s bid. The Contractor shall complete an independent assessment
and subsequent Work based on its independent findings. Minor variations or adjustments
in scope that are necessary to accommodate the site conditions will not be the basis fo r a
change order, and Bidders should include in their bid prices a contingency appropriate to
cover adjustments of this nature that are typically encountered on jobs of this nature.

C.2 BACKGROUND

The Project location is currently a municipal waste and recycling materials accumulation
and transfer station and has been operating in this capacity since the mid-1990s. Prior to
the mid-1990s, the facility was a municipal waste incinerator which began operating in
the early 1970s, based on available historical information. In the mid-1990s, all site
operations associated with the incinerator ceased as a result of an administrative order by
the Environmental Protection Agency (“EPA”). As a result of this order, the facility was
repurposed as a transfer station. In 2006, DPW expanded the tipping floor area of the
transfer station by adding an addition to the north side of the original structure (SCS
Engineers 2003). As part of these renovations, DPW removed the incinerator chimneys
and related infrastructure. When the incinerator ceased operations, the equipment was
simply shut off with no formal decontamination or decommissioning (“D&D”) activities
performed. The principal byproduct of the incinerator appears to have been fly ash with
lesser amounts of various other residuals (bottom ash and other coarser-grained ash).
Since the incinerator equipment was shut-down in mid-process, significant ash has
accumulated in the former waste handling areas. In addition to the incinerators, there are
associated abandoned electrical equipment potentially contain hydraulic and/or
transformer oils containing polychlorinated biphenyls (“PCBs”). A water collection area
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 7 of 75

and a process water containment area are located in the incinerator building basement.
The water collection area consists of two linear canal sump trenches (also referred to by
site personnel as “canals”) that run the majority of the length of the rear of the basement
and connect to the former refuse pits that border the tipping floor (the tipping floor is still
in use by the waste transfer station). The fly ash, concrete, equipment in the basement
may contain hazardous material with contaminants not limited to mercury, PCBs,
polychlorinated triphenyls (“PCTs”), dioxins, polyaromatic hydrocarbons (PAHs) and
other heavy metals.
The Project detailed herein is for the abatement and demolition of the existing Benning
Road Transfer Waste Station at 3200 Benning Road, NE, Washington, DC 20019. The
site is occupied by an approximately 78,000 square foot transfer station building that
operates as a municipal solid waste and recycling materials accumulation transfer station.
The facility was in full operation until July 2021, when a fire damaged the west side of
the tipping floor, forcing its closure. At that point, the decision was made to demolish the
remaining existing structure and rebuild a new state-of-the-art facility to serve the
District’s needs.

C.3 DEFINITIONS

C.3.1 Change Order/Contract Modification. A written document, executed by the
Department and the Contractor, setting forth the agreed terms upon which a change to the
Contract has been made.
C.3.2 Contract. The entire, integrated agreement between the Department and the
Contractor with respect to the Project, consisting of this IFB, the Attachments to the IFB,
the Construction Documents released for the Contractor’s use, and any Change Directives
or Change Orders that have been executed by the Department.
C.3.3 Contract Documents. The final documents comprising the Contract, as prepared
in accordance with the law, including, but not limited to t he documents requiring review
and approval by the District Council.
C.3.4 Drawings. Graphic and pictorial portions of the Contract Documents, wherever
located and wherever issued, show the design, locations, and dimensions of the work,
generally including plans, elevations, sections, details, schedules, and diagrams.
C.3.5 Hazardous Material. Any toxic substance or hazardous chemical defined or
regulated pursuant to federal, state, or local laws relating to pollution, treatment, storage or
disposal of waste, or protection of human health or the environment. Such laws include,
without limitation, the Comprehensive Environmental Response, Compensation and
Liability Act, the Resource C onservation and Recovery Act, the Clean Water Act, the
Clean Air Act and laws relating to emission, spills, leaks, discharges, releases or threatened
releases of toxic material. The term Hazardous Materials shall also include petroleum and
petroleum bi-products.
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 8 of 75

C.3.6 Notice to Proceed. A written notice to proceed, signed by the Department,
directing the Contractor to proceed with the Project or any portion of the Project.
C.3.7 Project Schedule. The schedule for the Project agreed to by the COTR and the
Contractor herein. Such schedule shall not be changed except by a Change Order or Change
Directive issued by the Department. The schedule shall be in a form and contain such detail
as may be agreed upon by the Parties.
C.3.8 Specifications. The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, construction systems,
standards and workmanship for the work, and performance of related services.
C.3.9 Subcontractor. Any person, natural or legal, to whom the Contractor delegates
performance of any portion of the work required by the Contract. The term
“Subcontractor,” used without a qualifier, shall mean a subcontractor in direct privity with
the Contractor. Subcontrac tors at all tiers” shall mean not only those Subcontractors in
direct privity with the Contractor, but also those performing work pursuant to sub -
subcontracts, sub-sub-subcontracts, and so on. “Subcontractors” shall include both those
who are retained to perform labor only and those who are retained both to perform labor
and to supply material or equipment. Subcontractors” shall also include design
professionals who are not the Contractor’s employees and to whom the Contractor
delegates any part of its responsibilities under the Contract, except those references to
“trade Subcontractors” shall exclude design professionals.
C.4 ALLOWANCES AND ADD ALTERNATES
C.4.1 Allowances

The Bidder shall take into a consideration that the owner directed allowances are
considered an additional construction capital used at DGS discretion. Allowances are not
intended to cover cost of work described in CLIN 001 or reasonably inferred work for
CLIN 001. Contractor’s Lump Saum Price for CLIN 001 shall include all services,
installations, and cost required to complete the Project and systems as if there were no
allowances.

C.4.2 The add alternates include the following

a) The contractor shall construct a temporary access road inclusive of the necessary
support of excavation as outlined in Attachment J.1.4.
b) The contractor shall provide site excavation and grading with appropriate S torm
Water Management (“SWM”) necessary to accommodate site runoff as acceptable
to the Department of Energy and Environment (“DOEE”).
c) Demolition of underground storage tanks as shown on Attachment J.1.3. Tanks
shall be abated and disposed of in accordance with all applicable regulations.

C.5 PRECONSTRUCTION ACTIVITIES

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 9 of 75

In order to ensure that the Project is completed in an efficient and timely manner, the
Contractor shall be required to complete certain preconstruction activities prior to
mobilizing to the Project site and commencing work. The preconstruction activities
include: (i) obtaining the necessary permits; (ii) submitting the necessary hazmat reports
and other submittals required; (iii) submitting an acceptable safety plan; and (iv)
developing a plan for the manner in which the work will be implemented (the “Site
Logistics Plan”). Regarding the Site Logistics Plan, such plan shall contain a description
of when the Work to be performed, the areas of the site that will be occupied by the
Contractor, the areas of the site that will be off-limits during construction, and the safety
barricades and fences that will be required.

C.5.1 Detailed Project Schedule. Within seven (7) days of the issuance of a notice to
proceed (“Notice to Proceed” or “NTP”), the Contractor shall submit to the Department for
its approval the Project schedule (“Project Schedule”). The Project Schedule shall include
a schedule for submittals that is reasonably acceptable to the COTR. The COTR shall have
five (5) business days to review such submittal.
C.5.2 Preconstruction Submittals . On or before the dates specified in the approved
detailed schedule, the Contractor shall submit any necessary preconstruction phase
information to the COTR for his/her review and approval. Unless a different timeframe is
established in the approved baseline schedule, the COTR shall have five (5) business days
to review such documents. In the event the COTR finds such documents to be
unacceptable, the Contractor shall be required to revise and resubmit such documents. The
Contractor shall not commence construction activities unless and until the deliverables
listed in Section C.5.6 have been approved by the COTR. Any delays that result from any
preconstruction submittal resubmissions shall be considered Non-Excusable.
C.5.3 Safety Plan. Prior to the start of construction activities, the Contractor shall prepare
a safety plan for the construction phase conforming to the Occupational Safety and Health
Administration (“OSHA”) 29 CFR 1926 and Article 27, Section A of the Standard Contract
Provisions (Construction Contracts) (Attachment J.2) (such plan, the “Safety Plan”). The
Safety Plan shall be submitted to the Department, and the Contractor shall incorporate such
comments as the Department may reasonably request.
C.5.3.1 Safety Barriers/Fences. As part of its responsibility for Project safety, the
Contractor shall install such fences and barriers as may be necessary. The
Contractor shall develop a plan that describes the proposed separation and the
specific nature of the fences and barriers tha t will be used. This plan will be
submitted to the Department for their review and approval prior to the
commencement of construction, and the COTR shall have five (5) business days to
review such plan. Once such plan has been approved, the Contractor shall comply
with it at all times during construction. The Contractor shall be required to revise
the plan as may be reasonably requested by the Department. The cost of revising
and complying with the revised plan shall not entitl e the Contractor to an increase
in the Lump Sum Price.
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 10 of 75

C.5.3.2 Site Security. The Contractor shall be responsible for site security and shall
be required to provide such watchm en as are necessary to protect the site from
unwanted intrusion.
C.5.3.3 Exculpation. The right of the Department to comment on the Safety Plan
and the nature and location of the required fences and barriers shall in no way
absolve the Contractor from the obligation to maintain a safe site.
C.5.4 Site Logistics Plan. Prior to the start of construction activities, the Contractor shall
prepare a Site Logistics Plan. The Site Logistics Plan shall address: (i) the manner in which
the Contractor intends to organize the site; (ii) the location and description of site fence s
and other safety barricades intended to prevent the public from entering the site; (iii) the
location of construction entrances and wheel washing stations; and (iv) parking restrictions
and procedures that will apply to the employees of Contractor and its Subcontractors. The
Contractor’s storage/laydown area will be limited to the limits of disturbances shown on
the Drawings.
C.5.5 Potential Subcontractors and Suppliers. The Contractor shall include with its bid
a list of the significant subcontractors that the Contractor intends to engage to perform the
work, as well as a general description of each subcontractor’s scope of work. Within five
(5) business days after such list is submitted, the Department shall advise the Contractor if
it has any objection to any of the listed subcontractors or suppliers. In the event the
Department has a reasonable objection to any such subcontractor or supplier, the Parties
shall discuss such objection and agree on an appropriate course of action. To the extent the
Department rejects a subcontractor that was disclosed in the bi d, the Contractor shall be
entitled to an appropriate equitable adjustment as a result of such disapproval.
C.5.6 Preconstruction Phase Deliverables . The following deliverables are required
during the Preconstruction Phase.
1. Detailed Project Schedule (Section C.5.1).
2. Pre-construction Submittals (Section C.5.2)
3. Safety Plan (Section C.5.3).
4. Site Logistics Plan (Section C.5.4).
5. List of Subcontractors and Suppliers (Section C.5.5).
C.6 CONSTRUCTION PHASE
The Contractor shall construct the work described Attachment J.1, including any work
that is not specifically shown thereon but is reasonably inferable therefrom or necessary
for a fully functioning Project. The work shall be carried out in a good and workmanlike,
first-class manner, and in timely fashion. All materials and equipment to be incorporated
into the Project shall be new and previously unused, unless otherwise specified, and shall
be free of manufacturing or other defects. On or before the dates specified in the approved
detailed schedule, the Contractor shall submit any necessary construction phase
information (i.e. shop drawings, submittals, sketches, etc.) to the Architect or the COTR
for his review and approval. Unless a different timeframe is established in the approved
baseline schedule and the COTR shall have twenty-one (21) business days to review such
documents. In the event the COTR finds such documents to be unacceptable, the Contractor
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 11 of 75

shall be required to revise and resubmit such documents. Any delays that result from any
construction phase submittal resubmissions shall be considered non-Excusable.
C.6.1 Supervision & Coordination. The Contractor will be required to properly supervise
and coordinate its work. At a minimum, it is envisioned that the Contractor will be required
to undertake the following tasks:

a) Participate and assist in Project/Planning meetings.
b) Maintain full-time on-site construction supervision and provide daily inspections,
quality control, monitoring, coordination of various trades, record drawings, and
daily work log.
c) Coordinate the work with any on -site personnel to ensure that their activities are
not adversely affected.
d) Conduct periodic progress meetings following a Contractor generated agenda with
the COTR.
e) Provide general safety signage and posting for the Project and see that each
subcontractor prepares and submits adequate safety program and monitoring
throughout the Project.
f) Obtain all job permits and approvals from the Department of Buildings (“ DOB”)
that are required to perform and complete the work, unless otherwise noted herein.
g) Prepare payment requests, verify accuracy, and forward to Department for approval
and payment.
h) Assemble close-out documents as required.
i) Provide assistance to the Department through all applicable warranty periods.
j) Coordinate its work with all third parties so as not to delay the critical path of the
Project.
k) Prepare and submit to the Department , construction meeting minutes, progress
meeting minutes, daily logs, inspection reports, preliminary and baseline schedules,
(Primavera format) and schedule updates demonstrating the critical path of the
Project (Primavera format).

C.6.2 CBE Subcontractors . The Contractor shall not substitute or replace any
Subcontractor or supplier certified by the District of Columbia Department of Small and
Local Business Development (“DSLBD”) without the Department's prior written consent.

C.6.3 Site Observations. The Contractor will be required to visit the site, become familiar
with local conditions under which the work is to be performed and correlate personal
observations with requirements of the Drawings. The Contractor shall carefully study and
compare the Drawings with each other and with information furnished by the Department.
Before commencing activities, the Contractor shall: (1) take field measurements and verify
field conditions; (2) carefully compare this and other information known to the Contractor
with the Drawings and (3) promptly report errors, inconsistencies or omissions discovered
to the Department. Once work is started, the Contractor assumes the responsibility and
costs for the work and the cost of correcting work previously installed.

C.6.4 Warranty of the Construction Work. The Contractor warrants to the Department
that materials and equipment furnished under the Contract will be of good quality and new
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 12 of 75

unless otherwise expressly permitted in writing, and that for the one (1) year period
following the Substantial Completion Date the construction work will be free from defects
not inherent in the quality required or permitted, and that the work will conform to the
Construction Documents and/or any approved design documents. The Contractor’s
warranty excludes remedy for damage or defect caused by abuse, modifications not
executed by the Contractor, improper or insufficient maintenance, improper operation, or
normal wear and tear and normal usage. The Contractor and a representative of the
Department shall walk the Project together eleven (11) months after the Substantial
Completion Date to identify any necessary warranty work. In the event the Contractor fails
to schedule such a walk, the Warranty period shall be extended until such time as the
Contractor schedules such a walk.
C.6.5 Extent of Responsibility and Site Conditions . The Contractor shall be entitled to
an equitable adjustment in accordance with the Standard Contract Provisions for differing
site conditions only to the extent that: (i) such conditions could not have been discovered
by a competent visual inspection of the site, are of unusual nature, and differ materially
from those ordinarily encountered and generally recognized as inhering to work of the
character provided for in the Contract; or (ii) with regard to su bsurface conditions on or
adjacent to the Project site, such subsurface conditions differ materially from those
indicated in the geotechnical reports (such circumstances, “Differing Site Conditions”).
Prior to commencing construction, the Contractor shall be required to conduct a thorough
review of the Project site and the surrounding area and shall document its findings. In the
event the Contractor fails to undertake and document such a thorough review, the
Contractor shall be deemed to have known of those conditions which a thorough review
would have detected. Any Change Request related to Differing Site Conditions shall be
made pursuant to the Standard Contract Provisions for Construction Contracts
(Attachment J.2).

C.6.6 Unsafe Materials and Hazardous Materials

C.6.6.1 The Contractor shall abate and legally dispose of any Hazardous Materials in the
demolished facility, in accordance with Environmental Protection Agency (“EPA”) and all
jurisdictional agencies’ rules and regulations. The Contractor shall be responsible for all
interior and exterior demolition, as required.

C.6.6.2 The Contractor shall not bring, spill or release onto the site asbestos, PCBs, or any
other Hazardous Material that is not customarily used in a facility of the type and similar
to the Project, and shall bring to the Department’s attention any specificatio n of such
Hazardous Materials in the design documents. If the Contractor believes that anything in
the Contract would require that it use or bring onto the site asbestos, PCBs, or any
Hazardous Material that is not customarily used in a facility of the typ e and similar to the
Project, it shall immediately inform the Department and seek direction before proceeding.

C.6.6.3 The Contractor’s scope of work includes the abatement and removal of hazardous
materials found within the existing building. In performing such work, the Contractor shall
comply with all laws, including, without limitation, the requirements of the EPA and all
jurisdictional agencies as well as all laws relating to safety, health welfare, and protection
of the environment, in removing, treating, encapsulating, passivating, and/or disposing of
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 13 of 75

hazardous materials, including, but not limited to, removal, treatment, encapsulation,
passivation, and/or disposal of the hazardous materials. If any notices to governmental
authorities are required, the Contractor shall also give those notices at the app ropriate
times. The Contractor shall ensure abatement subcontractors and disposal sites are
appropriately licensed and qualified. In addition, the Contractor shall ensure that any
subcontractors involved in the abatement of hazardous materials maintain a c ontractor’s
pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for
the duration of the Project and a period of three (3) years after Substantial Completion of
the Project and that any disposal site to which hazardous ma terials are taken carries
environmental impairment liability insurance for the duration of the Project and a period
of three (3) years after Substantial Completion of the Project. The Contractor’s obligations
under this paragraph shall include signing (as the agent for the Department) any manifests
required for the disposal of hazardous materials.
C.6.6.4 If Hazardous Materials beyond those identified in the hazmat report are discovered
on the of such discovery. In such an event, the Contractor shall be entitled to an equitable
adjustment in accordance with the Standard Contract Provisions for Construction Contracts
(Attachment J.2) for any Hazardous Materials abatement and disposal work. The
Contractor shall keep detailed records documenting Work done so that the Department may
independently verify compliance with all laws, the number of units actua lly removed,
treated, and/or disposed of, and the appropriate unit price(s) applicable to the Worksite, the
Contractor shall immediately inform the Program Manager and the Department.
C.6.6.5 Abatement The Contractor shall provide all materials, management, personnel,
equipment, required, including supervision, labor and other services necessary to complete
the abatement of asbestos, lead-based paint, and hazardous and universal waste removal in
accordance with Federal and District regulations and protocols for the identified areas. The
regulatory compliance shall include but is not limited to, documentation, employee
personal protective equipment, respiratory programs, medical surveillance programs,
transportation, and proper disposal of hazardous materials.

C.6.6.5.1 Decontaminate Basement. The Contractor shall at a minimum:

a) Collect cores of concrete trenches, equipment foundations to determine if
the concrete contains hazardous material. The equipment potentially
contains PCB oil, hydraulic oil which need to be handled as per the
regulations.
b) Prepare D&D Workplan which will outline the methods used for D&D as
per the federal and DC regulations.
c) Conduct D&D.
d) Prepare report which summarizes the details of the D&D work completed.

C.6.6.5.2 The Contractor shall provide the required support services inclusive of
scheduling, Project administration, and management and coordination of
subcontractors.

C.6.6.5.3 The Contractor shall conduct industrial hygiene investigation, work as required
for the Project.
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 14 of 75

C.6.6.5.4 The Contractor shall abate the 6 incinerators.

C.6.7 Raze Building. The Contractor shall at a minimum:
a) Complete Raze of the existing building to include all necessary utility
abandonments, foundation excavation and backfill.
b) Demolish the existing weigh station.
c) Preparation and submission of Stormwater Management and Sediment and Erosion
Control Plan.
d) All hauling and disposal or demolished material to include appropriate Maintenance of
Traffic (MOT) and permitting if required by the DC Department of Transportation
(“DDOT”).
e) The Contractor shall be responsible for the coordination of all inspections as required
to complete this work.
f) The Contractor shall coordinate with any and all neighboring project(s) stakeholders.
g) The Contractor shall facilitate community engagement efforts by providing pertinent
schedule information along with any information where the Project could impact both
neighboring residential and commercial communities.
h) All applicable permits and fees as required by various municipalities, licensed plumber
needs in accordance with the permit, as well as payment for the Demolition Permit and
subsequent Raze Permit.

C.6.8 Progress Meetings. The Contractor shall schedule and conduct at a minimum bi -
weekly progress meetings at which the COTR, the Project Manager, the Contractor, and
appropriate Subcontractors can discuss the status of the work. The Contractor shall prepare
and promptly distribute meeting minutes.
C.6.9 Written Reports. The Contractor shall provide written reports to the COTR on the
progress of the entire work in accordance at least every other week, including, but not
limited to, a baseline schedule and schedule updates with narrative demonstrating the
critical path of the Project in Primavera format. The Contractor shall also maintain a daily
log containing a record of weather, Subcontractors working on the site, number of workers,
major equipment on the site, work accomplished, problems encountered and other similar
relevant data as the Department may reasonably require. The log shall be available to the
Department, the A/E and the COTR and on a monthly basis a copy of the log shall be
submitted to the Department.
C.6.10 Work by Separate Contractors . The Department reserves the right to perform
construction or operations related to the Project with the Department’s own forces, and to
award separate contracts in connection with other portions of the Project or other
construction or operations on the site.
C.6.11 Site Safety, Clean -Up & Protection of Existing Elements. The Contractor will
be required to: (i) provide a safe and efficient site, with controlled access, including the
installation and provision of such safety barricades, enclosures and overhead protection as
may reasonably be required by the Department and as may be necessary to ensure a safe
workplace or as may be required by OSHA or other applicable law including but not limited
to any COVID-19-related laws, orders, or regulations, and to remove such at the end of the
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 15 of 75

work and leave the site in broom clean condition; and (ii) be responsible for the security of
its tools, equipment and materials that are stored at the site. The Contractor shall be
responsible for the removal and legal disposal of all construction debris. The Contractor
shall protect all existing features, public utilities and other existing structures during
construction.
C.6.12 Close-out. The Contractor shall be required to prepare and submit at close -out a
complete set of product files, including but not limited to: (i) QC/QA reports, daily reports,
and test reports; (ii) a complete set of product manuals (O&M), training videos, and
warranties; (iii) as-built record drawings; (iv) environmental, health, and safety documents;
and (v) all applicable inspection certificates/permits. The Contractor shall also provide the
Department with any shop drawings prepared by the Contractor or its subcontractors along
with any other documentation that may reasonably be requested by the Department or the
COTR.
C.6.13 Cutting and Patching. The Contractor shall be responsible for cutting, fitting or
patching required to complete the work or to make its parts fit together properly. All areas
requiring cutting, fitting and patching shall be restored to the condition existing prior to the
cutting, fitting and patching. The Contractor shall not damage or endanger a portion of the
work or fully or partially completed construction of the Department or separate Contractors
by cutting, patching or otherwise altering such c onstruction, or by excavation. The
Contractor is responsible for the replacement, repair or patch of any existing surfaces or
materials damaged during construction by its own or subcontractor crews.
C.6.14 Salvaging and Storing . The Contractor shall be responsible for salvaging and
storing all items identified by the Department in accordance with all applicable District
laws and regulations. After the items have been secured, the Contractor shall notify the
Department and request permission to proceed with the Project.
C.6.15 Manufacturers’ Warranties
C.6.15.1 The Contractor warrants that all manufacturers or other warranties on all labor,
materials and equipment furnished by the Contractor or a Subcontractor or supplier shall
run directly to or will be specifically assigned to Department on demand or upon Project
completion without demand. In the event any issue or defect which would be covered by
any warranty arises but is not addressed by the grantor of the warranty, the Contractor shall
be required to act as the guarantor of the obligations under the warranty and to perform
under the terms of the warranty.
C.6.15.2 The Contractor warrants that the installation of all materials and equipment shall
be in strict accordance with the manufacturers’ requirements or specifications.
C.6.16 Project Schedule Updates . The Contractor shall submit bi -weekly schedule
updates which shall reflect the actual conditions of Project progress as of the date of the
update. The update shall reflect the actual progress of construction, identify developing
delays, regardless of their cause, and reflect the Contractor's best projection of the actual
date by which Subs tantial Completion and Final Completion of the Project will be
achieved. Via a narrative statement (not merely a critical path method sche dule), the
Contractor shall identify the causes of any potential delay and state what, in the Contractor's
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 16 of 75

judgment, must be done to avoid or reduce that delay. The Contractor shall point out, in its
narrative, changes that have occurred since the last update, including those related to major
changes in the scope of work, activities modified since the last update, revised projections
of durations, progress and completion, revisions to the schedule logic or assumptions, and
other relevant changes. Any significant variance from the previous schedule or update shall
also be identified in a narrative, together with the reasons for the variance and its impact
on Project completion. All schedule updates shall be in Primavera 6 format. The
Department may make reasonable requests during the Project for changes to the format or
for further explanation of the information provided. Submission of updates showing that
Substantial Completion or Final Completion of the Project will be achieved later than the
applicable scheduled completion date shall not constitute requests for extension of time
and shall not operate to change the scheduled completion date. The Department’s receipt
of, and lack of objection to, any schedule update showing Substantial Completion or Final
Completion later than the dates agreed upon in the project schedule shall not be regarded
as the Department’s agreement that the Contractor may have an extension of time, or as a
waiver of any of the Department’s rights, but merely as the Contractor’s representation
that, as a matter of fact, Substantial Completion or Fin al Completion of the Project may
not be completed by the agreed upon date in the Project Schedule. Changes to the scheduled
completion dates may be made only in the circumstances and only by the methods set forth
in the Contract.
C.6.17 Construction Phase Deliverables
1. Progress Meeting Minutes (C.6.8).
2. Progress Reports (C.6.9).
3. Close Out Documents (C.6.12).
4. Copy of Manufacturer Warranties (C.6.15).
5. Stormwater Management and Sediment and Erosion Control Plan (C.6.7. c)
6. Maintenance of Traffic Plans (C.6.7 d)
7. Bi-Weekly Project Schedule Updates (C.6.16).
C.7 ACCELERATION

Subject to the terms of this section, the Department shall have the right to direct the
Contractor to accelerate the work if, in the reasonable judgment of the Contracting Officer,
the Contractor fails to: (i) supply a sufficiency of workers or to deliver the materials or
equipment with such promptness as to prevent the delay in the progress of the work; or (ii)
the progress of the work materially falls behind the projections contained in the then
currently approved project schedule. In the event that the Department or its COTR
determine that either of the events specified in the preceding sentence have occurred, the
Department shall provide the Contractor with written notice of such event and the
Contractor shall be required to provide the Department with a corrective action plan that is
reasonably designed to address the concerns raised in such notice within three (3) days
after receipt of such notice. If the Department and the Contractor are unable to agree on
the terms of such corrective action plan within five (5) days after the issuance of the notice
(i.e. with forty-eight (48) hours after the receipt of the proposed corrective action plan), the
Department shall have the right to direct such acceleration as the Department, in its
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 17 of 75

reasonable judgment, deems necessary. Provided the notice provisions of this Section are
complied with, the cost of any acceleration directed under this Section shall not justify an
adjustment to the Lump Sum Price or the Substantial Completion Date. The Contractor
hereby acknowledges that this provision is a material inducement upon which the
Department has relied in entering the Contract and represents and warrants that it has
included sufficient funding in its Lump Sum Price in order to comply with the requirements
of this Section.
C.8 WALK-THROUGH INSPECTION

At the achievement of Substantial Completion, the DGS Contracting Officer’s Technical
Representative (“COTR”) and a representative from DPW shall perform a walk -through
inspection in the presence of the Contractor. The Contractor shall prepare a written report
stating any deficiencies found during the walk -through, identify the responsible parties,
and ensure that all the deficiencies are corrected by the Contractor prior to demobilization.
The Contractor shall not demobilize from the site until receiving written notice, in writing,
from the COTR, to confirm that the deficiencies have been corrected to the COTR
satisfaction.

C.9 ADMINISTRATIVE MATTERS

C.9.1 Use of ProjectTeam. The Contractor shall utilize the Department’s ProjectTeam
system to submit any and all documentation required to be provided by the Contractor,
including, but not limited to: (i) requests for information; (ii) submittals; (iii) meeting
minutes; (iv) invoices/applications for payment (full package including all forms required
by the Departmen t); (v) certified payrolls (in addition to upload via LCP Tracker); (vi)
Drawings and Specifications; (vii) punch list; and (viii) other documents as may be
designated by the Department.

C.9.2 Liquidated Damages . If the Contractor fails to achieve Substantial Completion
by the Substantial Completion Date, the Parties acknowledge and agree that the actual
damage to the Department for the delay will be impossible to determine, and in lieu
thereof, the Contractor shall pay to the Department liquidated damages in the amount of
One Thousand Five Hundred Dollars ($1,500.00) per day for each calendar day of delay
for failure to meet the Substantial Completion Date. The Contractor and the Department
agree that the liquidated damages do not constitute and shall not be deemed a penalty but
represent a reasonable approximation of the damages to the Department associated with a
delay in the Project.

C.9.3 Compensation. The Contractor shall be paid its compensation in a series of
progress payments and a final payment. Progress payments shall be based on a Schedule
of Values that is agreed upon by the Parties as well as the COTR’s good faith estimate
of the level of completion for each component of the Schedule of Values. The contractor
shall prepare the Schedule of V alues which breaks down the Lump Sum Price for the
various parts of the work. The Schedule of Values shall be maintained in such a manner
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 18 of 75

to provide a breakdown of the Lump Sum Price in enough detail to facilitate the continued
evaluation of applications for payment and progress reports. Large subcontracts shall be
broken into several line items where, in the reasonable opinion of the COTR, such detail
is necessary to properly track the progress of the work. The proposed schedule of values
shall also include separate line items for each part of the work, if so, required by the
COTR. The Contractor and the COTR shall meet as necessary to maintain the schedule of
values for the Project in a manner acceptable to the COTR. No progress payments shall
be made unl ess the then-current Schedule of Values is acceptable to the COTR. The
Contractor shall provide an updated project schedule with each pay application submission.

C.10 KEY PERSONNEL

The Bidder’s personnel should have the necessary experience and licenses to perform the
required work. Toward that end, Bidders shall include within the bid a description of the
staff intended to perform the work and their qualifications.

Key P ersonnel shall include, at a minimum, the following individuals: (i) the Project
Executive; (ii) the Field Superintendent; and (iii) the Project Manager who will be
responsible for the Project.

C.11 DIVERSION, REASSIGNMENT AND REPLACEMENT OF KEY PERSONNEL

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

The Contractor will not be permitted to reassign any of the Key Personnel unless the
Department’s Contracting Officer approves the proposed reassignment and the proposed
replacement. A list of the Key Personnel shall be attached to the Contract that results from
this IFB.

C.12 RISKS ASSUMED BY THE CONTRACTOR

By submitting a bid, the Bidders shall be deemed to have thoroughly examined the terms
of this IFB, the Drawings, and Specifications and shall constitute its acknowledgment that
it has been provided with an opportunity to visit the Project site and that such Bidder has
had the opportunity to become familiar with local conditions under which the work is to
be performed. Further, in submitting any such bid, the Bidder shall be deemed to represent
that it has satisfied itself that it can undertake the work for the proposed cost. Among
other things, by submitting a bid, the Bidder assumes the following risks: (1) the nature
of the land and subsoil unless such conditions constitute a differing site condition; (2) the
form and nature of the site and surrounding areas; (3) details and levels of existing
pipelines, conduits, sewers, drains, cables or other existing s ervices; (4) the quantities,
nature, and availability of the materials, tools, equipment, and labor necessary for the
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 19 of 75

completion of the work; (5) the means of access to the site and any accommodation that
may be required; (6) uncertainties of weather and physical conditions at the site; and (7) in
general to have itself obtained all necessary information as to risk contingencies, climatic,
hydrological and natural conditions and other circumstances which may influence or affect
the Contractor’s performance of the work.

C.13 LICENSING, ACCREDITATION AND REGISTRATION
The Contractor and all its subcontractors and subconsultants (regardless of tier) shall
comply with all applicable District of Columbia, state, and federal licensing, accreditation,
and registration requirements and standards necessary for the performance of the Contract.
C.14 CONFORMANCE WITH LAWS
It shall be the responsibility of the Contractor to perform the Contract in conformance with
the Department’s Procurement Regulations (27 DCMR § 4700 et seq.) and all statutes,
laws, codes, ordinances, regulations, rules, requirements and orders of governm ental
bodies, including, without limitation, the U.S. Government and the District of Columbia
government, and it is the sole responsibility of the Contractor to determine the
Department’s procurement regulations, statutes, laws, codes, ordinances, regulations,
rules, requirements and orders that apply and their effect on the Contractor’s obligations
thereunder.
C.15 TIME IS OF THE ESSENCE.
Time is of the essence with respect to this Project. The Project must be Substantially
Complete by the substantial completion date, as defined in Section F.1.1 below . As such,
by submitting a bid, the Contractor agrees to dedicate such personnel and other resources
as are necessary to ensure that the Project is completed on -time and in a diligent, skilled,
and professional manner.
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 20 of 75

SECTION D
PACKAGING AND MARKING

D.1 Reserved – Intentionally Omitted

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 21 of 75

SECTION E
INSPECTION AND ACCEPTANCE

E.1 The inspection and acceptance requirements for this Contract shall be governed by Article
11 of the Department of General Services Standard Contract Provisions for Construction
Contracts (Attachment J.2).

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 22 of 75

SECTION F
PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT

The term of the contract shall be for a period of 380 days from the date of the Contracting
Officer’s (“CO” or “Contracting Officer”) execution of the Contract (as specified on page
1 of this Contract) or the date of the CO’s execution of the NTP and Letter Contract.

F.1.1 Substantial Completion Date. The Project shall be substantially complete no later than
350 days from the date of the CO’s execution of the Contract. For purposes of this
requirement, the term “Substantially Complete” shall mean that all of the following have
occurred: (1) the work has been completed with only minor punchlist items remaining to
be completed; (2) any and all required permits or approvals related to the work have been
obtained; (3) all operating and mai ntenance manuals, training videotapes and warranties
required by the Contract have been delivered to the Department; (4) any supplemental
training session required by the Contract for operating or maintenance personnel have been
completed; (5) all clean-up required by the Contract has been completed; and (6) the Project
is ready for the Department to use it for its intended purpose. “ Minor punchlist items” are
defined for this purpose as items that, in aggregate, can be completed within thirty (30)
days without interfering with the Department's normal use of the Project. Final Completion
shall mean the point at which Substantial Completion has been achieved, all punchlist items
noted at Substantial Completion have been completed and all documents the Contractor is
required to deliver to the Department as a condition to receiving final payment have been
received. “Work” is defined as the construction and services required by the Contract,
whether completed or partially completed, and incl udes all other labor, materials,
equipment, and services provided or to be provided by the Contractor to fulfill the
Contractor’s obligations. The Work may constitute the whole or a part of the Project.

F.1.2 Final Completion. The point at which Substantial Completion has been achieved, all
punchlist items noted at Substantial Completion have been completed with the
Department’s approval and sign-off and all documents the Contractor is required to deliver
to the Department as a condition to receiving final payment have been delivered. These
may include, as applicable, but are not limited to, a final Certificate of Occupancy for the
Project from the District of Columbia, and final lien releases from the Co ntractor and
Subcontractors and material suppliers. Contractor shall cause all representations,
warranties, and guarantees to be honored, and otherwise fulfill all the requirements set forth
in the Contract. Final Completion shall be 30 days from Substantial Completion.

F.1.3 Administrative Term. The Contract shall have an administrative term (the
“Administrative Term”) set as 90 days from Final Completion Date. The Administrative
Term is established for the sole purpose of permitting the Department’s Office of the Chief
Financial Officer to process payments in the event any payments become due. The
Administrative Term is not an extension of the Substantial or Final Completion Dates, and
nothing herein shall be construed to extend the Substantial and Final Completion Dates or,
limit the Department’s ability to assess liquidated damages thereon.

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 23 of 75

F.1.4 Letter Contract: It is understood and agreed that certain activities described herein may
have been performed while a Letter Contract was in place, and the term of the Letter
Contract shall merge into and be superseded by this Contract upon its execution by the CO.
In this instance, the term of the Contract would begin on the effective date of the Letter
Contract.

F.2 DELIVERABLES

The Contractor shall perform the activities required to successfully complete the
District’s requirements and submit each deliverable described herein to the
COTR identified in Section G.9.6.

Contract
Reference
Deliverable Quantity Format/Method of
Delivery
Due Date
C.5.1 Detailed Project Schedule As needed P6 files uploaded to
DGS
Within 7 days from
NTP and then
monthly
C.5.2 Pre-construction Submittals As Necessary PDF or word file
uploaded to DGS
Prior to mobilization
C.5.3 Safety Plan One PDF or word file
uploaded to DGS
Prior to mobilization
C.5,4 Site Logistics Plan As needed PDF or word file
uploaded to DGS
Within 2 weeks of
NTP then as
required
C.5.5 List of Subcontractors One PDF or word file
uploaded to DGS
Within 30 days of
NTP
C.6.8 Progress Meeting Minutes One PDF or word file
uploaded to DGS
Monthly
C.6.9 Progress Reports As Needed PDF or word file
uploaded to DGS
Within 3 days post
meetings
C.6.12 Close Out Documents As Needed PDF or word file
uploaded to DGS
Monthly
C.6.15 Manufacturer Warranties As Needed PDF or word file
uploaded to DGS
Prior to final project
close out
C.6.7 c Stormwater Management
and Sediment and Erosion
Control Plan
As Needed PDF or word file
uploaded to DGS
As received
C.6.7 d Maintenance of Traffic
Plans
One PDF or word file
uploaded to DGS
Prior to mobilization
C.6.16 Bi-Weekly Project Schedule
Updates
As Needed PDF or word file
uploaded to DGS
Prior to Mobilization
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 24 of 75

SECTION G
CONTRACT ADMINISTRATION

G.1 INVOICE PAYMENT

G.1.1 The Department 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 Department will pay the Contractor on or before the 30 th day after receiving a proper
invoice from the Contractor.

G.2 INVOICE SUBMITTAL

G.2.1 The Contractor shall create and submit payment requests in an electronic format through
the DC Vendor Portal, http://vendorportal.dc.gov The Contractor shall submit proper
invoices on a monthly basis. To constitute a proper invoice, the Contractor shall enter all
required information into the Portal after selecting the applicable purchase order number
which is listed on the Contractor’s profile.
G.2.2 The Contractor shall submit proper invoices on a monthly basis or as otherwise specified
in Section G.4. Invoices shall be prepared in duplicate and submitted to the agency Chief
Financial Officer (“CFO”) with concurrent copies to the COTR specified in Section G.9
below. The address of the CFO is:

Department of General Services
Office of the Controller/Agency CFO
3924 Minnesota Avenue NE, 5th Floor
Washington, DC 20019

For assistance with the registration process, technical difficulties, and/or additional
information on ProjectTeam, please contact the Portal Help Desk at (202) 671-0571.

G.2.3 To constitute a proper invoice, the Contractor shall submit the following information on
the invoice:

G.2.3.1 Contractor’s name, federal tax ID and invoice date (date invoices as of the date
of mailing or transmittal).
G.2.3.2 Contract number and invoice number.
G.2.3.3 Department’s Purchase Order (“PO”) number.
G.2.3.4 Description, price, quantity and the date(s) that the supplies or services were
delivered or performed.
G.2.3.5 Other supporting documentation or information, as required by the CO.
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 25 of 75

G.2.3.6 Name, title, telephone number and complete mailing address of the responsible
official to whom payment is to be sent.
G.2.3.7 Name, title and phone number of the individual preparing the invoice.
G.2.3.8 Name, title, phone number and mailing address of person; if different from the
person identified in Section G.2.3.6 above to be notified in the event of a
defective invoice.
G.2.3.9 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 Partial Payments

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

a. The amount due on the deliveries warrants it; or
b. The Contractor requests it and the amount due on the deliveries is in accordance
with the following:

1. "Payment will be made on completion and acceptance of each percentage
or stage of work as described in the Contract in accordance with the prices
stated in the Form of Offer Letter and Bid Form, Attachment J.14; and
2. Presentation of a properly executed invoice.

G.5 ASSIGNMENT OF CONTRACT PAYMENTS

G.5.1 In accordance with 27 DCMR § 3250, the Contractor may assign due or to become due as
a result of the performance of this Contract to a bank, trust company, or other financing
institution funds.

G.5.2 Any assignment shall cover all unpaid amounts payable under this Contract and shall not
be made to more than one party.

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 26 of 75

G.5.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is
required to prepare invoices. Where such an assignment has been made, the original copy
of the invoice must refer to the assignment and must show that payment of the invoice is
to be made directly to the assignee as follows:

“Pursuant to the instrument of assignment dated ___________, make payment of
this invoice to (name and address of assignee).”

G.6 THE QUICK PAYMENT ACT

G.6.1 Interest Penalties to Contractors

G.6.1.1 The District will pay interest penalties on amounts due to the Contractor
under the Quick Payment Act, D.C. Official Code § 2 -221.01 et seq., as
amended, for the period beginning on the day after the required payment
date and ending on the date on which payment of the amount is made.
Interest shall be calculated at the rate of at least 1.5% per month. No interest
penalty shall be paid if paym ent for the completed delivery of the item of
property or service is made on or before the required payment date. The
required payment date shall be:

G.6.1.1.1 The date on which payment is due under the terms of the
Contract;

G.6.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the
date of delivery of meat or meat food products;

G.6.1.1.3 Not later than 10 calendar days, excluding legal holidays, after
the date of delivery of a perishable agricultural commodity; or

G.6.1.1.4 30 calendar days, excluding legal holidays, after receipt of a
proper invoice for the amount of the payment due.

G.6.1.2 No interest penalty shall be due to the Contractor if payment for the
completed delivery of goods or services is made on or after:

G.6.1.2.1 3rd day after the required payment date for meat or a meat
food product;

G.6.1.2.2 5th day after the required payment date for an agricultural
commodity; or

G.6.1.2.3 15th day after any other required payment date.

G.6.1.3 Any amount of an interest penalty 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.

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 27 of 75

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 the Contract:

G.6.2.1.1 Pay the subcontractor(s) for the proportionate share of the total payment
received from the District that is attributable to the subcontractor(s) for
work performed under the Contract; or

G.6.2.1.2 Notify the CO and the subcontractor(s), in writing, of the Contractor’s
intention to withhold all or part of the subcontractor’s payment and state
the reason for the nonpayment.

G.6.2.2 The Contractor 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 at least 1.5% per month. No
interest penalty shall be paid on the following if payment for the
completed delivery of the item of property or service is made on or before
the:

G.6.2.2.1 3rd day after the required payment date for meat or a meat product;

G.6.2.2.2 5th day after the required payment date for an agricultural commodity;
or

G.6.2.2.3 15th day after any other required payment date.

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 is a party. The District may not be interpleaded in any
judicial or administrative proceeding involving such a dispute.

G.6.2.5 Maximum markup for first tier sub -contractors shall be limited to 10%.
Maximum markup for markup for second tier and lower sub -contractors
shall be limited to 5%.

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 28 of 75

G.6.3 Subcontractor Quick Payment Clause Flow-Down Requirements

The Contractor shall include in each subcontract under th e 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 OFFICERS (“CO”)

Contracts will be entered into and signed on behalf of the District only by authorized
Contracting Officers. The contact information for the Contracting Officer is:

George G. Lewis, CPPO
Chief Contracting Officer
Department of General Services
3924 Minnesota Avenue, NE, 5th Floor
Washington, DC 20019
Tel: 202 728-2800 | Email: george.lewis@dc.gov

James H. Marshall
Contracting Officer
Department of General Services
3924 Minnesota Avenue, NE, 5th Floor
Washington, DC 20019
Tel: (202) 664-0416 | Email: james.marshall@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.

G.8.2 The Contractor shall not comply with any order, directive or request that changes
or modifies the requirements of th e 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.

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 29 of 75

G.9 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE/
The COTR is responsible for the general administration of the Contract and advising the
CO as to the Contractor’s compliance or noncompliance with the Contract. The COTR 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 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.9.2 Coordinating site entry for Contractor personnel, if applicable;
G.9.3 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.9.4 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.9.5 Maintaining a file that includes all Contract correspondence, modifications, records
of inspections (site, data, equipment) and invoice or vouchers.
G.9.6 The address and telephone number of the COTR is:
Renee M. Holmes
Interim-Executive Program Manager
Capital Construction Services | Health and Human Services Portfolio COTR | St. Elizabeths East
| Hill East | Fletcher Johnson | Benning Road Transfer Station
Department of General Services
3924 Minnesota Ave SE | 5th Floor | Washington, DC 20019
Mobile: 202-302-6372
Renee.Holmes@dc.gov

G.9.7 The COTR shall not have the authority to:
a. Award, agree to, or sign any contract, delivery order or task order. Only the CO
shall make contractual agreements, commitments or modifications;
b. Grant deviations from or waive any of the terms and conditions of the Contract;
c. Increase the dollar limit of the Contract or authorize work beyond the dollar
limit of the Contract;
d. Authorize the expenditure of funds by the Contractor;
e. Change the period of performance; or
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 30 of 75

f. Authorize the use of District property, except as specified under the Contract.
G.9.8 The Contractor shall be fully responsible for any changes not authorized in advance,
and in writing, by the CO . The Contractor may be denied compensation or other
relief for any additional work performed that is not so authorized by the CO and
may also be required, at no additional cost to the District, to take all corrective
action necessitated by reason of the unauthorized changes.

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 31 of 75

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.1.3 Apprenticeship Act

The District of Columbia Apprenticeship Act of 1946, D.C. Official Code §§ 32 -1401 et
seq. (“Act”), as amended, may apply to this Project. If applicable, all subcontractors
selected to perform work on the Project on a craft-by-craft basis shall be required to comply
with this Act. All terms and conditions of the Act, D.C. Apprenticeship Council Rules and
Regulations, as well as any federal requirements, shall be implemented. The Prime
Contractor shall be liable for any subcontractor non-compliance. Thirty-five percent (35%)
of all apprentice hours worked on the Project shall be worked by District residents.

H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS

The Davis -Bacon Act is applicable to this Contract. As such, the Contract or and its
subcontractors shall comply with the wage and reporting requirements imposed by the
Davis-Bacon Act and Title 29 Code of Federal Regulations , incorporated as Attachment
J.3.

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;
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 32 of 75

b. Take an adverse action against an employee who requests or uses a reasonable
accommodation in regard to the employee's conditions or privileges of
employment, including failing to reinstate the employee when the need for
reasonable accommodations ceases to the employee's original job or to an
equivalent position with equivalent:

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.

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 . (“Anti- Discrimination Act”) .

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 33 of 75

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 Anti- Discrimination 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 and Plan (Attachment J.7) 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 If applicable, the Contractor shall comply with subchapter X of Chapter II of Title
2, and all successor acts thereto, including by not limited to the workforce Intermediary
Establishment and Reform of First Source Amendment Act of 2011, and the rules and
regulations promulgated thereunder, including, but not limited to the following
requirements:

a) At least twenty percent (20%) of journey worker hours by trade shall be
performed by District residents;

b) At least sixty percent (60%) of apprentice hours by trade shall be performed by
District residents;

c) At least fifty one percent (51%) of the skilled laborer hours by trade shall be
performed by District residents; and

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 34 of 75

d) At least seventy percent (70%) of common laborer hours shall be performed by
District residents.

H.5.4 The Contractor shall not begin the performance of the Contract until its Employment
Agreement has been accepted by DOES. Once approved, the Employment Agreement shall
not be amended except with the approval of DOES.

H.5.5 The Contractor agrees that at least 51% of the new employees hired to perform the
Contract shall be District residents.

H.5.6 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.5.7 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.5.8 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.5.9 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.5.10 The Contractor may appeal any decision of the CO pursuant to this clause to the
D.C. Contract Appeals Board as provided in Section. I.12 of this IFB and Article 7
(Disputes) of the S tandard Contract Provisions for Construction Contracts (Attachment
J.2).

H.5.11 The provisions of the First Source Act do not apply to nonprofit organizations
which employ 50 employees or less.

H.5.12 Construction projects or contracts covered by this Section H.5 shall be subject to
the hiring and reporting requirements set forth in this Section until construction is
completed and a final certificate of occupancy has been issued.

H.6 LIVING WAGE ACT

The Contractor agrees that the Work performed under this contract shall be subject to the
living wage act in effect at the time of contract execution by the Department. As such, the
Contractor and its subcontractors shall comply with the wage and reporting requirements
imposed by the act as set forth in Attachment J.6.

H.7 BUY AMERICAN ACT PROVISION.

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 35 of 75

H.7.1 In accordance with the Buy American Act (41 U.S.C. § l0a -l0d), and Executive
Order 10582. December 17, 1954 (3 CFR, 1954 -58 Comp., p. 230), as amended by
Executive Order 11051, September 27,1962 (3 CFR, l059 —63 Comp., p. 635), the
Contractor agrees that only domestic construction material will be used by the Contractor,
subcontractors, material men and suppliers in the performance of the agreement, except for
non-domestic material listed in the Contract.

a. “Components” as used in this Section, means those articles, materials and supplies
incorporated directly into the end products.
b. “Domestic end product”, as used in this section, means, (1) an unmanufactured end
product mined or produced in the United States, or (2) an end product manufactured in
the United States, if the cost of its components mined, produced, or manufactured in
the United States, exceeds 50 percent of the cost of all its components.
c. Components of foreign origin of the same class or kind as the products shall be treated
as domestic. Scrap generated, collected, and prepared for processing in the Unites
States is considered domestic.
d. “End Products,” as used in this Section, means those articles, materials, and supplies to
be acquired for public use under this Contract.
e. The Contractor shall deliver only domestic end products, except those:
i. For use outside the United States.
ii. That the District determines are not mined, produced, or manufactured in the Unites
States in sufficient and reasonably available commercial quantities of a satisfactory
quality.
iii. For which the District determines that domestic preference would be inconsistent
with the public interest; or
iv. For which the District determines the cost to be unreasonable.
H.7.1.2 Domestic Construction Material . “Construction material” means any article,
material or supply brought to the construction site for incorporation in the building or work.
An unmanufactured construction material is a “domestic construction material” if it has
been mined or produced in th e United States. A manufactured construction material is a
“domestic construction material” if it has been manufactured in the United States and if the
cost of its components which have been mined, produced, or manufactured in the United
States exceeds 50 percent of the cost of all its components. “Component” means any article,
material, or supply directly incorporated in a construction material.

H.7.1.3 Domestic Component. A component shall be considered to have been “mined,
produced, or manufactured in the United States” regardless of its source, in fact, if the
article, material or supply in which it is incorporated was manufactured in the United States
and the component is of a class or kind determined by the government to be not mined,
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 36 of 75

produced or manufactured in the united states in sufficient and reasonably available
commercial quantities and of a satisfactory quality.

H.7.1.4 Foreign Material. When steel materials are used in a project a minimal use of
foreign steel is permitted. The cost of such materials cannot exceed on-tenth of one percent
of the total Project cost, or $2,500,000, whichever is greater

H.8 ANTI-DEFICIENCY ACTS

The Department’s obligations and responsibilities under the terms of the Contract are and
shall remain subject to the provisions of (i) the federal Anti -Deficiency Act, 31 U.S.C.
§§1341, 1342, 1349 -1351, 1511 -1519 (2004) (the “ Federal ADA ”), and D.C. Official
Code §§ 1-206.03(e) and 47-105 (2001); (ii) the District of Columbia Anti-Deficiency Act,
D.C. Official Code §§ 47 -355.01 – 355.08 (2004 Supp.)(the “D.C. ADA” and (i) and (ii)
collectively, as amended from time to time, the “Anti- Deficiency Acts”); and (iii) Section
446 of the District of Columbia Home Rule Act, D.C. Official Code § 1 -204.46
(2001) The Contract shall not constitute an indebtedness of the Department, nor shall it
constitute an obligation for which the Department is obligated to levy o r pledge any form
of taxation, or for which the Department has levied or pledged any form of taxation. IN
ACCORDANCE WITH § 446 OF THE HOME RULE ACT, D.C. CODE § 1-204.46,
NO DISTRICT OF COLUMBIA OFFICIAL IS AUTHORIZED TO OBLIGATE OR
EXPEND ANY AMOUNT UND ER THE AGREEMENT OR CONTRACT
DOCUMENTS UNLESS SUCH AMOUNT HAS BEEN APPROVED, IS
LAWFULLY AVAILABLE AND APPROPRIATED BY ACT OF CONGRESS.

H.9 SUBCONTRACTING REQUIREMENTS

H.9.1 Mandatory Subcontracting Requirements

Certified Business Enterprise assistance:

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 Section 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.

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 Sections 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
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 37 of 75

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

H.9.1.6 Each CBE utilized to meet these subcontracting requirements shall
perform at least 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 Requirements and Non-Responsive Bids:
I. The Subcontracting Plan Form Attachment J.5 must be provided as part of all bids,
as follows:
If the prime contractor required by law to subcontract under this Contract, it shall submit a
subcontracting plan as part of its bid in accordance with D.C. Official Code § § 2–218.46,
and Section H.9.1 of this IFB. The SBE Subcontracting Plan must list all subcontractors at
every tier and shall include the following:
(a) The name and address of each subcontractor;
(b) A current certification number of the small or certified business
enterprise;
(c) The scope of work to be performed by each subcontractor;
(d) The price to be paid by the prime contractor to each subcontractor;
and
(e) Meet the subcontracting requirements as further described in
Section H.9.1 of this IFB.
II. If the prime contractor is a Certified Business Enterprise (“CBE”) and self performs
the entire project with its own organization and resources and will not subcontract
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 38 of 75

any portion of the services, then the CBE shall only submit the SBE Subcontracting
Form by selecting the self-performance option located on the first page of the SBE
Subcontracting Form.
III. Bidders responding to this IFB shall be deemed nonresponsive and shall be rejected
if the Bidder fails to submit a Subcontracting Plan with its bid as detailed in Section
H.9.1 and Section H.9.2 of this IFB.
IV. Once the Subcontracting Plan is approved by the Department’s CO, changes to the
plan will only occur with the prior written approval of the CO and the Director of
DSLBD.
V. The Subcontracting Plan shall be provided before the District accepts the
submission of the bid.
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, COTR, 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, COTR, District of Columbia Auditor and the Director of DSLBD to
provide an update on its subcontracting plan.

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)
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 39 of 75

(“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

(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 FREEDOM OF INFORMATION ACT

The District of Columbia Freedom of Information Act, at D.C. Official Code § 2 -532 (a-
3), requires the District to make available for inspection and copying any record produced
or collected pursuant to a District contract with a private contractor to perform a public
function, to the same extent as if the record were maintained by the agency on whose behalf
the Contract is made. If the Contractor receives a request for such information, the
Contractor shall immediately send the request to the COTR designated in Section G.9 who
will provide the request to the FOIA Officer for the agency with programmatic
responsibility in accordance with the D.C. Freedom of Information Act. If the agency with
programmatic responsibility receives a request for a record maintained by the Cont ractor
pursuant to the Contract, the COTR will forward a copy to the Contractor. In either event,
the Contractor is required by law to provide all responsive records to the COTR within the
timeframe designated by the COTR. The FOIA Officer for the agency with programmatic
responsibility will determine the releasability of the records. The District will reimburse
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 40 of 75

the Contractor for the costs of searching and copying the records in accordance with D.C.
Official Code §2-532 and Chapter 4 of Title 1 of the D.C. Municipal Regulations.

H.12 SECTION 504 OF THE REHABILITATION ACT OF 1973, as amended.

During the performance of the Contract, the Contractor and any of its subcontractors shall
comply with Section 504 of the Rehabilitation Act of l973, as amended. This Act prohibits
discrimination against disabled people in federally funded program and activities. See 29
U.S.C. §794 et seq.

H.13 AMERICANS WITH DISABILITIES ACT OF 1990 (“ADA”)

During the performance of this Contract, the Contractor and any of its subcontractors shall
comply with the ADA. The ADA makes it unlawful to discriminate in employment against
a qualified individual with a disability. See 42 U.S.C. §12101 et seq.

H.14 WAY TO WORK AMENDMENT ACT OF 2006

H.14.1 Except as described in Section H.14.8 below, the Contractor shall comply with
Title I of the Way to work Amendment Act of 2006, effective June 8, 2006 (D.C. Law 16-
118, D.C. Official Code §2-220.01 et seq.) (“Living Wage Act of 2006”), for contracts for
services in the amount of $100,000 or more in a 12-month period.
H.14.2 The Contractor shall pay its employees and subcontractors who perform services
under the Contract no less than the current living wage.
H.14.3 The Contractor shall include in any subcontract for $15,000 or more a provision
requiring the subcontractor to pay its employees who perform services under the Contract
no less than the current living wage rate.
H.14.4 The DOES may adjust the living wage annually and Contractor will find the current
living wage rate on its website at www.does.dc.gov.
H.14.5 The Contractor shall provide a copy of the Fact Sheet attached as J.6 to each
employee and subcontractor who performs services under the Contract. The Contractor
shall also post the Notice attached as J.6 in a conspicuous place in its place of business.
The Contractor shall include in any subcontract for $15,000 or more a provision requiring
the subcontractor to post the Notice in a conspicuous place in its place of business.
H.14.6 The Contractor shall maintain its payroll records under the Contract in the regular
course of business for a period of at least three (3) years from the payroll date, and shall
include this requirement in its subcontracts for $15,000 or more under the Contract.
H.14.7 The payment of wages required under the Living Wage Act of 2006 shall be
consistent with and subject to the provisions of D.C. Official Code §32-1301 et seq.
H.14.8 The requirements of the Living Wage Act of 2006 do not apply to:
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 41 of 75

(1) Contracts or other agreements that are subject to higher wage level
determinations required by federal law.
(2) Existing and future collective bargaining agreements, provided, that the
future collective bargaining agreement results in the employee being paid
no less than the established living wage.
(3) Contracts for electricity, telephone, water, sewer, or other services provided
by a regulated utility.
(4) Contracts for services needed immediately to prevent or respond to a
disaster or imminent threat to public health or safety declared by the Mayor.
(5) Contracts or other agreements that provide trainees with additional services
including, but not limited to, case management and job readiness services,
provided that the trainees do not replace employees subject to the Living
Wage Act of 2006.
(6) An employee under 22 years of age employed during a school vacation
period, or enrolled as a full -time student, as defined by the respective
institution, who is in high school or at an accredited institution of higher
education and who works less than 25 h ours per week; provided that he or
she does not replace employees subject to the Living Wage Act of 2006.
(7) Tenants or retail establishments that occupy property constructed or
improved by receipt of government assistance from the District of
Columbia; provided, that the tenant or retail establishment did not receive
direct government assistance from the District.
(8) Employees of nonprofit organizations that employ not more than 50
individuals and qualify for taxation exemption pursuant to section 501(c)(3)
of the Internal Revenue Code of 1954, approved August 16, 1954 (68A Stat.
163; 26 U.S.C. § 501(c)(3).
(9) Medicaid provider agreements for direct care services to Medicaid
recipients, provided, that the direct care service is not provided through a
home care agency, a community residence facility, or a group home for
mentally retarded persons as those terms ar e defined in section 2 of the
Health-Care and Community Residence Facility, Hospice, and Home Care
Licensure Act of 1983, effective February 24, 1984 ( D.C. Law 5-48; D.C.
Official Code § 44-501); and
(10) Contracts or other agreements between managed care organizations and
the Health Care Safety Net Administration or the Medicaid Assistance
Administration to provide health services.
H.14.9 The Mayor may exempt a contractor from the requirements of the Living Wage Act
of 2006, subject to the approval of Council, in accordance with the provisions of Section
109 of the Living Wage Act of 2006.
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 42 of 75

H.15 AUDITS AND RECORDS

H.15.1 As used in this section, “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.15.2 Examination of Costs. If this is a cost -reimbursement, incentive, time -and-
materials, labor-hour, or price re -determinable contract, or any combination of these, the
Contractor shall maintain and the CO, or an authorized representative of the CO, 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.15.3 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 CO, or an authorized
representative of the CO, 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.

H.15.4 Comptroller General

H.15.4.1 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.15.4.2 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.15.5 Reports. If the Contractor is required to furnish cost, funding, or performance
reports, the CO or an authorized representative of the CO shall have the right to examine
and audit the supporting records and materials, for the purpose of evaluating:

1. The effectiveness of the Contractor’s policies and procedures to produce
data compatible with the objectives of these reports; and
2. the data reported.

H.15.6 Availability. The Contractor shall make available at its office at all reasonable
times the records, materials, and other evidence described in Section H .11, for
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 43 of 75

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 th e Contract is completely or partially terminated, the Contractor shall make
available the records relating to the work terminated until thee (3) years after any
resulting final termination settlement; and

b. The Contractor shall make available records relating to appeals under the Article 7
(Disputes) of the Standard Contract Provisions 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.15.7 The Contractor shall insert a clause containing all the terms of this clause, including
this Section H.16.7 in all subcontracts under this Contract that exceed the small purchase
threshold of $100,000.00 and:

a. That are 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 as discussed in Section H.16.5.

H.16 ADVISORY AND ASSISTANCE SERVICES

The Contract is a “non -personal services contract”. The Contractor and the Contractor’s
employees: (1) shall perform the services specified herein as independent contractors, not
as employees of the government; (2) shall be responsible for their own management and
administration of the work required and bear sole responsibility for complying with any
and all technical, schedule, financial requirements or constraints attendant to the
performance of this Contract; (3) shall be free from supervision or control by a ny
government employee with respect to the manner or method of performance of the service
specified; but (4) shall, pursuant to the government’s right and obligation to inspect, accept
or reject work, comply with such general direction of the CO, or the du ly authorized
representative of the CO as is necessary to ensure accomplishment of the Contract
objectives.

H.17 DISTRICT RESPONSIBILITIES

H.18.1 District Furnished Property

District property shall remain the property of the District in all respects. The PM may
require Contractor personnel to sign for receipt and custody of District furnished property,
at the discretion of the PM. The Contractor shall take all reasonable precautions to
safeguard and protect District property. District property shall be used only in direct
Operations for providing Contract services and shall not be used in any manner for any
personal advantage, business gain, or other personal endeavor by the C ontractor or the
Contractor's employees.

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 44 of 75

H.18 CONTRACTOR RESPONSIBILITIES

H.19.1 The Contractor shall be responsible for providing services in accordance with the
requirements of this Contract.

H.19.2 The Contractor shall be responsible for obtaining all licenses and permits necessary
for the performance of this Contract.

H.19.3 The Contractor shall furnish all equipment needed for the performance of the work
under this Contract. All equipment must be properly guarded and meet all applicable
United States Occupational Safety and Health Administration OSHA standards.

H.19.4 The Contractor shall assume full responsibility and liability for compliance with all
applicable regulations pertaining to the health and safety of personnel during the execution
of work and shall hold the District harmless for any action on his part or that of his
employees or subcontractors, which results in illness, injury or death.

H.19.5 The Contractor shall meet all federal, state vehicles compliance standards, local
laws, inspections, and regulations, including, but not limited to, the permitting
requirements under DCMR Chapter 25 of Title 18, by DDOT, DOB and the DPW. The
Contractor shall ensure that each vehicle is licensed and registered in accordance with
District regulations.

H.19 STAFF ATTIRE AND IDENTIFICATION

H.20.1 The Contractor’s staff shall wear identification badges at all times. The
identification badges shall provide company logo, employee’s name, and employee
photograph.

H.20 SAFETY REQUIREMENTS

H.20.1 The Contractor shall be responsible for : (i) complying with all applicable District
and Federal rules, regulations and practices relating to safety on the job site; (ii)for all
injury to persons or damage to property that occurs as a result of the Contractor's negligence
and shall take proper safety and health precautions to protect the work, the workers, the
tenants and District property; and (iii) for all materials delivered and work performed until
completion and acceptance of the entire work in writing by the COTR.

H.20.2 The Contractor shall provide and ensure that all its personnel at the work sites
properly wear all applicable safety devices and apparel required by the United States
OSHA including, but not limited to:

H.20.2.1 Back support devices;
H.20.2.2 Eye protection;
H.20.2.3 Hearing protection;
H.20.2.4 Hand protection;
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 45 of 75

H.20.2.5 Head protection; and
H.20.2.6 Foot protection.

H.20.3 Personal Protective Equipment (PPE) The Contractor’s staff shall also comply
with the CDC approved and appropriate Personal Protective Equipment (PPE) related to
working in the current COVID-19 environment such as disposable gloves and masks.

H.20.4 The District has the right to inspect all areas for safety violations at its discretion,
direct the Contractor to make immediate improvement of necessary conditions and/or
procedures, and/or stop the work if other hazards are deemed to exist.
H.20.5 Notwithstanding any provision to the contrary, the District shall not be obligated to
make an equitable adjustment for any work stoppage that results from safety hazards
created by the Contractor. In the event that the CO directs the work to stop because of
existing safety hazards after the Contractor has been notified and provided ample time to
correct, the Contractor shall bear all costs for eliminating the hazard(s) and shall not be
granted compensation for the work stoppage.
H.20.6 The Contractor shall immediately notify the COTR if the job site is visited by an
OSHA official for compliance with the Occupational Safety and Health Act or any other
safety regulatory requirements.
H.21 FIRE PREVENTION

H.21.1 The Contractor shall be responsible for establishing and maintaining an effective
fire prevention program for its employees and the District property being serviced on the
job site.

H.21.2 The Contractor shall be knowledgeable and train all its employees on the job site
to fulfill the requirements of the Scope of Work on the procedures, means of egress , and
methods of reporting fires on the job sites.

H.22 SMOKE FREE ENVIRONMENT

The District's facilities are smoke free. The Contractor is responsible for adhering to all
applicable rules and regulations regarding maintenance of a smoke free environment on
the job sites.

H.23 ACCIDENT REPORTS

The Contractor shall immediately notify the COTR of any accidents on the job site arising
from the performance of the work under this Contract that involve bodily injury to
Contractor’s employees or District workers or both, building occupants, visitors, or other
persons.

H.24 PROPERTY DAMAGE NOTIFICATION

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 46 of 75

Any damage caused by the Contractor or its employees to District property shall be
promptly repaired or replaced by the Contractor at the Contractor’s expense.

H.25 SUSPENSION OF WORK

H.25.1 In the event services are not provided or required by the District because the
buildings is closed due to unanticipated circumstances, deductions to the Contractor price
normally payable to Contractor will be computed as follows.
H.25.2 The deduction rate in dollars per day will be equal to the per month contract price
for the building, divided by twenty -one (21) days per month. (This will be adjusted as
appropriate if some portion of the Contractor’s requirements apply to weekends or
holidays).
H.25.3 The deduction rate in dollars per day multiplied by the number of days services
were not provided or required will equal the total dollar deduction to be made.
H.25.4 Deductions will not be made to the extent that the Contractor can demonstrate that
payment to employees is required by an incorporated wage determination or union
agreement.
H.25.5 In the event services are provided for portion of days, appropriate adjustments will
be made by the COTR to assure the Contractor is compensated for services provided.
H.26 CONTRACTOR RESPONSIBILITY UPON CONTRACT COMPLETION OR
TERMINATION

H.26.1 The Contractor shall turn over all plans codes, manuals, records, files, reports,
databases spare inventory and materials developed or purchased in the course of the
Contract to the COTR within thirty (30) calendar days after Contract completion or
termination. The Contractor shall develop transition plans, which shall describe staffing
and organizational structure during the phase-in and phase-out transition periods, and how
the Contractor will interact with the existing work force d uring the thirty (30) days of
transition at the beginning and end of this Contract.

H.27 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

The Contractor agrees that the applicable work performed under this Contract shall be
subject to the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333).

H.28 FALSE CLAIMS ACT

The Contractor shall be governed by all laws and regulations prohibiting false or fraudulent
statements and claims made to DC government, including the prescriptions set forth in
D.C. Official Code §§ 22-2405 and 2-381.02 et seq. In the event that it is d iscovered that
the Contractor has made a false, fraudulent or unsupported statement or claim to the
Department, the Department may terminate this Contract without liability.

H.29 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01 et seq.
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 47 of 75

H.29.1 Nonprofit organizations, as defined in the Act, shall include in their rates the indirect costs
incurred in the provision of goods or performance of services under this contract pursuant
to the nonprofit organization's unexpired Negotiated Indirect Cost Ra te Agreement
(NICRA). If a nonprofit organization does not have an unexpired NICRA, the nonprofit
organization may elect to instead include in its rates its indirect costs:
(1) As calculated using a de minimis rate of 10% of all direct costs under this
contract;
(2) By negotiating a new percentage indirect cost rate with the awarding agency;
(3) As calculated with the same percentage indirect cost rate as the nonprofit
organization negotiated with any District agency within the past 2 years; however,
a nonprofit organization may request to renegotiate indirect costs rates in
accordance with B.6.3; or
(4) As calculated with a percentage rate and base amount, determined by a certified
public accountant, as defined in the Act, using the nonprofit organization's audited
financial statements from the immediately preceding fiscal year, pursuant to the
OMB Uniform Guidance, and certified in writing by the certified public accountant.
H.29.2 If this contract is funded by a federal agency, indirect costs shall be consistent with the
requirements for pass-through entities in 2 C.F.R. § 200.331, or any successor regulations.
H.29.3 The Contractor shall pay its subcontractors which are nonprofit organizations the same
indirect cost rates as the nonprofit organization subcontractors would have received as a
prime contractor.
H.30 CAMPAIGN FINANCE REFORM ACT
H.30.1 The Contractor agrees to comply with the Campaign Finance Reform Act
certification requirement (Attachment J.1 2) pursuant to the D.C. Official Code § 1-
1161.01 and will satisfy all self -certification requirements prior to the execution of any
agreement, as applicable.

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 48 of 75

SECTION I
CONTRACT CLAUSES

I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS

The Department of General Services Standard Contract Provisions for Construction
Contracts (Attachment J.2) are incorporated as part of the Contract.

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, fi rm 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

A. Definitions

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

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

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 49 of 75

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

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

B. Title to Project Deliverables

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

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

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

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

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

D. Subcontractor Rights

Whenever any data, including computer software, are to be obtained from a subcontractor
under the Contract, the Contractor shall use this clause, Rights in Data, in the subcontract,
without alteration, and no other clause shall be used to enlarge or diminish the District’s or
the Contractor’s rights in that subcontractor data or computer software which is required
for the District.
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 50 of 75

E. Source Code Escrow

1. For all computer software furnished to the District with the rights specified in Section
I.5, the Contractor shall furnish to the District, a copy of the source code with such
rights of the scope as specified in Section I.5 of this clause. For all computer software
furnished to the District with the restricted rights specified in Section I.5. of this clause,
the District, if the Contractor either directly or through a successor or affiliate shall
cease to provide the maintenance or warranty services provide d the District under the
Contract or any paid-up maintenance agreement, or if the Contractor should be declared
insolvent by a court of competent jurisdiction, shall have the right to obtain, for its own
and sole use only, a single copy of the current version of the source code supplied under
the Contract, and a single copy of the documentation associated therewith, upon
payment to the person in control of the source code the reasonable cost of making each
copy.

2. If the Contractor or Product manufacturer/developer of software furnished to the
District with the rights specified in Section I.5. of this clause offers the source code or
source code escrow to any other commercial customers, the Contractor shall either: (1)
provide the District with the source code for the Product; (2) place the source code in
a third party escrow arrangement with a designated escrow agent who shall be named
and identified to the District, and who shall be directed to release the deposited source
code in accordance with a standard escrow arrangement acceptable to the District; or
(3) will certify to the District that the Product manufacturer/ developer has named the
District as a named beneficiary of an established escrow arrangement with its
designated escrow agent who shall be named and identified to the District, and who
shall be directed to release the deposited source code in accordance with the terms of
escrow.

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

F. Indemnification and Limitation of Liability

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.

G. All DGS data, information, documents, and similar material provided to the
Contractor for the purpose of performing the scope will remain the sole property of DGS
and will be destroyed or returned by the Contractor upon completion of services.

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 51 of 75

H. All Contractors’ specified deliverables to DGS will become DGS sole property and
will not be encumbered in their future use by any licensing or copyright by the Contractor.
The Contractor may maintain a copy of deliverables for internal reference purposes.

I. The Contractor’s intellectual property related to delivery of services will remain the
Contractor’s property unless otherwise specified in this Contract.

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 DEPARTMENT APPROV AL OF 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 th e District
will have the right to review and approve prior to its execution by the Contractor. Any such
subcontract shall specify that the Contractor and the subcontractor shall be subject to every
provision of this Contract. Notwithstanding any such subcontract approved by the District,
the Contractor shall remain liable to the District for all Contractor's work and services
required hereunder.

I.8 INSURANCE

A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and
maintain, during the entire period of performance under this contract, the types of
insurance specified below. The Contractor shall submit a Certificate of Insurance to the
Contracting Officer (CO) giving evidence of the required coverage prior to commencing
performance under this contract. In no event shall any work be performed until the
required Certificates of Insurance signed by an authorized representative of the insurer(s)
have been provided to, and accepted by, the CO.

The Government of the District of Columbia shall be included in all policies, where
applicable and allowable by law, required hereunder to be maintained by the Contractor
and its subcontractors (except for workers’ compensation and professional liability
insurance) as an additional insureds for claims against The Government of the District of
Columbia relating to this contract, with the understanding that any affirmative obligation
imposed upon the insured Contractor or its subcontractors (including without limitation
the liability to pay premiums) shall be the sole obligation of the Contractor or its
subcontractors, and not the additional insured. The additional insured status under the
Contractor’s and its subcontractors’ Commercial General Liability insurance policies
shall be effected using the ISO Additional Insured Endorsement form CG 20 10 11 85 (or
CG 20 10 07 04 and CG 20 37 07 04) or such other endorsement or combination of
endorsements providing coverage at least as broad and approved by the CO in writing.
All of the Contractor’s and its subcontractors’ liability policies (except for workers’
compensation and professional liability insurance) shall be endorsed using ISO form CG
20 01 04 13 or its equivalent so as to indicate that such policies provide primary coverage
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 52 of 75

(without any right of contribution by any other insurance, reinsurance or self-insurance,
including any deductible or retention, maintained by an Additional Insured) for all claims
against the additional insured arising out of the performance of this Statement of Work by
the Contractor or its subcontractors, or anyone for whom the Contractor or its
subcontractors may be liable. These policies shall include a separation of insureds clause
applicable to the additional insured.

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

B. INSURANCE REQUIREMENTS

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

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

2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory to
the CO of commercial (business) automobile liability insurance written on ISO form CA
00 01 10 13 (or another form with coverage at least as broad and approved by the CO in
writing) including coverage for all owned, hired, borrowed and non-owned vehicles and
equipment used by the Contractor in connection with work under this agreement, with a
minimum combined single limit of $1,000,000 for bodily injury or death and property
damage, including loss of use thereof. Such policy or policies of automobile liability
insurance shall be written on an "occurrence" (as opposed to a "claims made") basis.
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 53 of 75

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

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

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

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

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

The Workers Compensation and Employers Liability shall be further endorsed to:
a) Include a Waiver of Subrogation in favor of The Government of the District of
Columbia.
b) Where applicable, include United States Longshore and Harbor Workers
Compensation Act (USL&H)
c) Where applicable, include Jones Act Coverage for seamen or crew members on
an “if any” basis.

4. Network Security/Privacy (Cyber) Liability Insurance covering acts, errors, omissions,
breach of contract, and violation of any consumer protection laws arising out of
Contractor’s operations or services with a limit of $2,000,000 per claim and in the
aggregate. Such coverage shall include but not be limited to, third party and first party
coverage for loss or disclosure of any data, including personally identifiable information
and payment card information, network security failure, violation of any consumer
protection laws, unauthorized access and/or use or other intrusions, infringement of any
intellectual property rights (except patent), unintentional breach of contract, negligence or
breach of duty to use reasonable care, breach of any duty of confidentiality, invasion of
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 54 of 75

privacy, or violations of any other legal protections for personal information, defamation,
libel, slander, commercial disparagement, negligent transmission of computer virus, or
use of computer networks in connection with denial of service attacks. Such coverage
shall include regulatory defense and fines/penalties in any jurisdiction anywhere in the
world. Such coverage shall include contractual privacy coverage for data breach response
and crisis management costs that would be incurred by Contractor on behalf of The
Government of the District of Columbia in the event of a data breach including legal and
forensic expenses, notification costs, credit monitoring costs, and costs to operate a call
center. Contractor shall maintain coverage in force during the term of this Agreement and
for an extended reporting period of not less than two (2) years after.

5. 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. Limits may
not be shared with other lines of coverage.

6. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence
satisfactory to the CO of commercial umbrella or excess liability insurance with
minimum limits of $10,000,000 per occurrence and $10,000,000 in the annual aggregate,
following the form and in excess of all liability policies. All liability coverages must be
scheduled under the umbrella and/or excess policy. The insurance required under this
paragraph shall be written in a form that annually reinstates all required limits. Coverage
shall be primary to any insurance, self-insurance or reinsurance maintained by The
Government of the District of Columbia and the “other insurance” provision must be
amended in accordance with this requirement and principles of vertical exhaustion.

7. Environmental Liability/Contractors Pollution Liability Insurance - The Contractor shall
provide evidence satisfactory to the CO of environmental liability insurance covering
losses caused by pollution or other hazardous conditions arising from ongoing or
completed operations of the Contractor. Such insurance shall apply to bodily injury,
property damage (including loss of use of damaged property or of property that has been
physically injured), clean-up costs, transit and non-owned disposal sites. Coverage shall
extend to defense costs and expenses incurred in the investigation, civil fines, penalties
and damages or settlements. There shall be neither an exclusion nor a sublimit for mold
or fungus-related claims. The minimum limits required under this paragraph shall be
$5,000,000 per occurrence and $5,000,000 in the annual aggregate. If such coverage is
written on a claims-made basis, the Contractor warrants that any retroactive date
applicable to coverages under the policy precedes the Contractor’s performance of any
work under the Contract and that continuous completed operations coverage will be
maintained for at least ten (10) years or an extended reporting period shall be purchased
for no less than ten (10) years after completion.

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 55 of 75

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

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

8. Installation-Floater Insurance - For projects not involving structural alterations, the
contractor shall provide an installation floater policy with a limit equal to the Property
values being installed as part of the project. The policy shall cover property while located
at the project site, at temporary locations, or in transit; deductibles will be the sole
responsibility of the contractor.

C. SUBCONTRACTOR INSURANCE REQUIREMENTS
Any and all subcontractors engaged by Contractor for work under this agreement shall be
required to have the same insured required of Contractor. Should the Contractor wish to
propose different insurance requirements than outlined below, then, prior to
commencement of work by the subcontractor, the Contractor shall submit in writing the
name and brief description of work to be performed by the subcontractor on the
Subcontractors Insurance Requirement Template provided to the Office of Risk
Management (ORM). ORM will determine the insurance requirements applicable to the
subcontractor and promptly deliver such requirements in writing to the Contractor. In
either instance, the Contractor must provide proof of the subcontractor's required
insurance prior to commencement of work by the subcontractor.

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

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

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

G. CONTRACTOR’S PROPERTY. Contractor and subcontractors are solely responsible
for any loss or damage to their personal property, including but not limited to tools and
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 56 of 75

equipment, scaffolding, and temporary structures, rented machinery, or owned and leased
equipment. A waiver of subrogation shall apply in favor of The Government of the
District of Columbia.

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

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

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

The CO may request, and the Contractor shall promptly deliver updated certificates of
insurance, endorsements indicating the required coverages, and/or certified copies of the
insurance policies. If the insurance initially obtained by the Contractor expires prior to
completion of the contract, renewal certificates of insurance and additional insured and
other endorsements shall be furnished to the CO prior to the date of expiration of all such
initial insurance. For all coverage required to be maintained after completion, an
additional certificate of insurance evidencing such coverage shall be submitted to the CO
on an annual basis as the coverage is renewed (or replaced).

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

L. CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in
connection with this contract shall be written by insurance companies with an A.M. Best
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 57 of 75

Insurance Guide rating of at least A- VII or better (or the equivalent by any other rating
agency) and licensed in the District of Columbia.

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

I.9 GOVERNING LAW

This Contract and any disputes arising out of or related to this Contract, shall be governed
by, and construed in accordance with, the laws of the District of Columbia.

I.10 EQUAL EMPLOYMENT OPPORTUNITY

In accordance with the District of Columbia Administrative Issuance System, Mayor’s
Order 85-85 dated June 10, 1985, “on compliance with Equal Opportunity Requirements
in District government contracts,” each Bidder shall submit the forms for completion of
the Equal Employment Opportunity Information Report incorporated herein as
Attachment J.11. Failure to comply with the implementing rules shall result in rejection
of the respective bi d. An award cannot be made to any Bidder who has not satisfied the
equal employment requirements.
I.11 ORDER OF PRECEDENCE
The Contract awarded as a result of this IFB will contain the following clause:

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

1. An applicable Court Order, if any;
2. Contract Document;
3. DGS Standard Contract Provisions for Construction Contracts (Attachment J.2);
4. Benning Road Waste Transfer Station Attachments (Attachment J.1);
5. IFB, as amended, including all Attachments; and
6. Contractor’s Bid.

In the event of conflicting requirements in any of the documents noted above or herein, the
Contractor agrees to be bound by all decisions by the Department to implement the most
stringent and/or expensive of any conflicting requirements. Any failure by th e Contractor
to seek clarification from the Department as to conflicting requirements shall in no way
limit the Department's ability to require implementation, including replacement of installed
work at a later date at Contractor’s sole expense, to achieve compliance with the more
stringent requirements.

I.12 CLAIMS & DISPUTES
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 58 of 75

All Claims and Disputes arising under or relating to this Contract shall be resolved as
provided in the attached Standard Contract Provisions (Construction contracts)
(Attachment J.2).

I.13 CHANGES

a. The CO may, at any time, by written change order, contract directive or
contract modification 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 if the CO 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
Section I.12 of this IFB and the Standard Contract Provisions.
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 Lump Sum Price of this Contract, unless the CO:
1. Agrees with Contractor, and if applicable, the subcontractor on a price
for the additional work;
2. Obtains a certification of funding to pay for the additional work;
3. Makes a written, binding commitment with the Contractor to pay for the
additional work within 30 -days after the Contractor submits a proper
invoice; and
4. Provides the Contractor with written notice of the funding certification.

c. The Contractor shall include in its subcontracts a clause that requires the
Contractor to:

1. Within 5 business days of its receipt of notice the approved additional
funding, provide the subcontractor with notice of the amount to be paid
to the subcontractor for the additional work to be performed by the
subcontractor;
2. Pay the subcontractor any undisputed amount to which the
subcontractor is entitled for the additional work within 10 days of
receipt of payment from the District; and
3. Notify the subcontractor and CO in writing of the reason the Contractor
withholds any payment from a subcontractor for the additional work.
d. Neither the District, Contractor, nor any subcontractor may declare another
party to be in default, or assess, claim, or pursue damages for delays, until
the parties agree on a price for the additional work.

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 59 of 75

I.14 NON-DISCRIMINATION CLAUSE

I.14.1 The Contractor shall not discriminate in any manner against any employee or
applicant for employment that would constitute a violation of the District of Columbia
Human Rights Act, effective December 13, 1977, as amended (D.C. Law 2 -38; D.C.
Official Code § 2-1401.01 et seq.) (“Act”, as used in this clause). The Contractor shall
include a similar clause in all subcontracts, except subcontracts for standard commercial
supplies or raw materials. In addition, the Contractor agrees, and any subcontractor shall
agree, to post in conspicuous places, available to employees and applicants for
employment, a notice setting forth the provisions of this non -discrimination clause as
provided in section 251 of the Act.

I.14.2 Pursuant to Mayor’s Order 85-85, (6/10/85), Mayor’s Order 2002-175 (10/23/02),
Mayor’s Order 2011-155 (9/9/11) and the rules of the Office of Human Rights, Chapter
11 of Title 4 of the D.C. Municipal Regulations, the following clauses apply to the
Contract:

1. The Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived: race, color, religion, national origin,
sex, age, marital status, personal appearance, sexual orientation, gender identity
or expression, family responsibilities, genetic information, disability,
matriculation, political affiliation, or credit information. Sexual harassment is a
form of sex discrimination which is prohibited by the Act. In addition,
harassment based on any of the above protected categories is proh ibited by the
Act.
2. The Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their actual or perceived: race, color, religion, national origin, sex, age, marital
status, person al appearance, sexual orientation, gender identity or expression,
family responsibilities, genetic information, disability, matriculation, political
affiliation, or credit information. The affirmative action shall include, but not be
limited to the following:

1. employment, upgrading or transfer;
2. recruitment, or recruitment advertising;
3. demotion, layoff or termination;
4. rates of pay, or other forms of compensation; and
5. selection for training and apprenticeship.
3. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting agency,
setting forth the provisions in Section I.14.1 and Section I.14.2 concerning non-
discrimination and affirmative action.
4. The Contractor shall, in all solicitations or advertisements for employees placed
by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment pursuant to the non -discrimination requirements
set forth in Section I.12(d).
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 60 of 75

5. The Contractor agrees to send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the contracting agency, advising the
said labor union or workers’ representative of that contractor’s commitments
under this nondiscrimination clause and the Act, and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
6. The Contractor agrees to permit access to its books, records, and accounts
pertaining to its employment practices, by the Chief Procurement Officer or
designee, or the Director of the Office of Human Rights or designee, for purposes
of investigation to ascertain compliance with the Act, and to require under terms
of any subcontractor agreement each subcontractor to permit access of such
subcontractors’ books, records, and accounts for such purposes.
7. The Contractor agrees to comply with the provisions of the Act and with all
guidelines for equal employment opportunity applicable in the District adopted
by the Director of the Office of Human Rights, or any authorized official.
(a) The Contractor shall include in every subcontract the equal opportunity clauses
Sections I.10, so that such provisions shall be binding upon each subcontractor
or vendor.
8. The Contractor shall take such action with respect to any subcontract as the CO
may direct as a means of enforcing these provisions, including sanctions for
noncompliance; provided, however, that in the event the Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the contracting agency, the Contractor may request the
District to enter into such litigation to protect the interest of the District.
I.15 BONDS
I.15.1 Bid Bond

Bidders are required to submit with their bid a bid bond in the amount of five percent (5%)
of total bidding budget, in the form included as Attachment J.8. All bonding companies
must be included on the Department of Treasury’s Listing of Approved Sureties.
Alternatively, Bidders may submit a cashier’s check in lieu of a bid bond. However, in the
event a Bidder who is awarded the Contract fails to post payment and performance bonds
for the full value of the Contract, the Bidder shall thereby forfeit the fu ll amount of the
cashier’s check, and the Department shall collect such funds as liquidated damages. If the
Bidder chooses to submit a cashier’s check in lieu of a bid bond, the Bidder must complete
the form included as Attachment J.9 and return, notarized, with the Bidder’s Bid.

I.15.2 Trade Subcontractor Bonds

The Contractor shall require that all trade subcontractors provide payment and performance
bonds having a penal value equal to One Hundred Percent (100%) of the cost of the trade
subcontract. All such bonds shall be written on a dual-obligee basis.
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 61 of 75

I.15.3 Contractor’s Payment and Performance Bond

The Contractor shall be required to provide payment and performance bonds each having
a penal value equal to 100% of the Contract amount. The Contractor shall provide the
required bonds within ten (10) days of the execution of the Contract. All bonding
companies must be licensed to conduct business in the District of Colu mbia and be
included on the Department of Treasury’s Listing of Approved Sureties website. The
Contractor shall submit with its bid a certification to provide payment and performance
bonds (Attachment J.10).

I.16 CONTRACTS IN EXCESS OF ONE MILLION DOLLARS

Any contract in excess of $l,000,000 shall not be binding or give rise to any claim or
demand against the District until approved by the Council of the District of Columbia and
signed by the Contracting Officer.
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 62 of 75

SECTION J
LIST OF ATTACHMENTS

The following list of attachments are incorporated and attached to the Contract or a link to the
attachment has been provided.

Attachment
Number Document
J.1 Benning Road Waste Transfer Station Attachments
J.1.1 Existing Facility Drawings
J.1.2 Hazardous Materials Report
J.1.3 Underground Tanks Locations
J.1.4 Temporary Excavation Support
J.2 DGS Standard Contract Provisions (Construction Contracts)
J.3 U.S. Department of Labor Davis-Bacon Wage Determination and Title 29
Code of Federal Regulations
J.4 Tax Certification Affidavit
J.5 SBE Subcontracting Plan Form
J.6 2024 Living Wage Act Notice and Fact Sheet
J.7 First Source Employment Agreement and Plan
J.8 Bid Bond Form
J.9 Bid Guaranty Certification
J.10 Certification to Furnish Performance & Payment Bond
J.11 EEO Policy Statement
J.12 Campaign Finance Reform Contractor Self-Certification Form
J.13 Bidder Certification Form
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 63 of 75

Attachment
Number Document
J.14 Form of Offer Letter and Bid Form

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 64 of 75

SECTION K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF BIDDERS

K.1 Bidders shall submit the Bidder/Offeror Certification Form (Attachment J.13) with their bids.

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 65 of 75

SECTION L
INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

L.1 METHOD OF AWARD

L.1.1 The District reserves the right to accept/reject any/all bids resulting from this IFB.
The CO may reject all bids or waive any minor informality or irregularity in bids received
whenever it is determined that such action is in the best interest of the District.

L.1.2 The District intends to make one contract award resulting from this Solicitation to
the responsive and responsible Bidder who has the lowest evaluated bid. The contract shall
be awarded to the qualified bidder whose bid is responsible and responsive to the IFB and
is most advantageous to the Department considering only price and the price -related
evaluation factors identified in the IFB.

L.1.3 Bidders shall make no changes to the requirements set forth in the Solicitation.

L.1.4 Bidders must complete the Form of Offer Letter and Bid Form (Attachment J.14)
in its entirety to be considered for this Solicitation. The Bidder’s f ailure to complete
Attachment J.14 will render the bid non-responsive and disqualify the respective bidder.

L.2 BID SUBMISSION DATE AND TIME

The Department is accepting electronic bid submissions. Bidders shall create a FREE
account with OpenGov Procurement by signing up at
https://procurement.opengov.com/signup. Once you have completed account registration,
browse back to this page, click on "Submit Response", and follow the instructions to submit
the electronic bid.

L.2.1 All attachments shall be submitted in a PDF format . The District will not be
responsible for corruption of any file submitted. If the submitted file cannot be viewed and
printed as submitted, it will not be considered.

L.2.2 The District will reject as non -responsive any bid that fails to conform in any
material respect to the IFB.

L.2.3 Bidders shall make no changes to the requirements set forth in the solicitation.

L.2.4 The District will reject as non -responsive any bid that fails to include a
subcontracting plan that is required by law.

L.2.5 The bidder shall complete, sign and submit its initial First Source Employment Plan
and all Representations, Certifications and Acknowledgments as appropriate. Failure to do
so may result in a bid rejection.

L.2.6 Bids must be submitted on or before 2:00 PM September 4, 2024.

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 66 of 75

L.3 WITHDRAWAL OR MODIFICATION OF BIDS

A Bidder may modify or withdraw its bid upon written transmission if received via the
DGS portal designated in the solicitation for submission of bids, but not later than the exact
time set for opening of bids.

L.4 LATE SUBMISSIONS, LATE MODIFICATIONS, AND LATE WITHDRAWALS

L.4.1 Bids, modifications to bids, or requests for withdrawals that are received after the
time and date specified in Section L.2 of the IFB, shall be considered a “late” bid and will
be considered only if they are received before the Contract award is made and the following
circumstance applies:

a. It was sent electronically by the Bidder prior to the time and date specified and
there is objective evidence in an electronic form confirming that the bid was
received prior to the bid receipt time and date specified.

L.4.2 Late Submissions

Any request for withdrawal or request for modification of a bid received after the bid
receipt time and date is late. A late bid, late request for modification or late request for
withdrawal shall not be considered, except as provided in this section.

L.4.3 Late Modifications

A late modification of a successful bid which makes its terms more favorable to the District
will be considered at any time it is received and may be accepted.

L.4.4 Late Bids

A late bid, late modification or late withdrawal of a bid that is not considered shall be held
unopened, unless opened for identification, until after award and then retained with
unsuccessful bids resulting from this solicitation.

L.5 BID IDENTIFICATION AND DELIVERY

The Department of General Services (DGS), is accepting electronic bid submissions.
Bidders shall create a FREE account with OpenGov Procurement by signing up at
https://procurement.opengov.com/signup. Once you have completed account registration,
browse back to this page, click on "Submit Response", and follow the instructions to submit
the electronic bid.

All bids shall be submitted electronically on or by the bids’ due date September 4, 2024,
no later than 2:00 P.M.,

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 67 of 75

L.6 QUESTIONS ABOUT THE SOLICITATION

If a prospective bidder has any questions relative to this solicitation, the prospective Bidder
shall submit the questions in writing to the Contact. The prospective Bidder shall submit
questions no later than 4:00 p.m., on August 22, 2024, through Open.gov. The Department
will not consider any questions received after the mentioned date and time. The Department
will furnish responses promptly to all other prospective Bidders. An amendment to the IFB
will be issued, if that information is necessary in submitting bids, or if the lack of it would
be prejudicial to any other prospective bidders. Oral explanations or instructions given
before the award of the Contract will not be binding.

L.7 BID PROTESTS

Any actual or prospective Bidder or contractor who is aggrieved in connection with the
solicitation or award of a contract, must file with the D.C. Contract Appeals Board
(“Board”) a protest no later than ten (10) business days after the basis of protest is known
or should have been known, whichever is earlier. A protest based on alleged improprieties
in a solicitation which are apparent prior to bid opening or the time set for receipt of initial
bids shall be filed with the Board prior to bid opening or the time set for receipt of initial
bids. In procurements in which bids are requested, alleged improprieties which do not exist
in the initial solicitation, but which are subsequently incorporated into this Solicitation,
must be protested no later than the next closing time for receipt of bids following the
incorporation. The protest shall be filed in writing, with the Board located at 441 4th Street,
NW, Suite 350 North, Washington, DC 20001. The aggrieved person shall also mail a
copy of the protest to the Department’s CO as designated in this IFB.

L.8 ACKNOWLEDGMENT OF AMENDMENTS

The Bidder shall acknowledge receipt of any amendment to this solicitation by: (a) signing
and returning the amendment; (b) identifying the amendment number and date in the space
provided for this purpose in Section B.4 of the IFB; or (c) by letter or telegram, including
mailgrams. The District must receive the acknowledgment by the date and time specified
for receipt of bids. A Bidder’s failure to acknowledge an amendment may result in rejection
of the bid.

L.9 SIGNING OF BIDS

L.9.1 The Contractor shall sign the bid and print or type its name on the Solicitation, Offer
and Award form of this Solicitation. Each bid must show a full business address and
telephone number of the Bidder and be signed by the person or persons legally authorized
to sign contracts. Erasures or other changes must be initialed by the person signing the bid.
Bids signed by an agent shall be accompanied by evidence of that agent’s authority, unless
that evidence has been previously furnished to the CO.

L.9.2 All correspondence concerning the bid, or the resulting Contract will be mailed to
the address shown on the bid in the absence of written instructions from the Bidder or
contractor to the contrary. Any bid submitted by a partnership must be signed with the
partnership name by a general partner with authority to bind the partnership. Any bid
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 68 of 75

submitted by a corporation must be signed with the name of the corporation followed by
the signature and title of the person having authority to sign for the corporation.

L.10 FAMILIARIZATION WITH CONDITIONS

Bidders shall thoroughly familiarize themselves with the terms and conditions of this
solicitation, acquainting themselves with all available information regarding difficulties
which may be encountered and the conditions under which the work is be accompli shed.
Bidders will not be relieved from assuming all responsibility for properly estimating the
difficulties and the cost of performing the services required herein due to their failure to
investigate the conditions or to become acquainted with all inform ation, schedules and
liability concerning the services to be performed.
L.11 LEGAL STATUS OF BIDDER

Each bid must provide the following information:
L.11.1 Name, address, telephone number and federal tax identification number of Bidder.

L.11.2 A copy of each District of Columbia license, registration, or certification that the
Bidder is required by law to obtain. If the Bidder is a corporation or partnership and does
not provide a copy of its license, registration, or certification to transact business in the
District of Columbia, the Bidder shall certify its intent to obtain the necessary license,
registration or certification prior to Contract award or its exemption from such
requirements.

L.11.3 If the Bidder is a partnership, the names and addresses of the general partners and
copies of any or teaming agreements. If the Bidder is a partnership, the teaming agreement
shall include the intention, expectations, roles and responsibility of the prime contractor,
roles and responsibility of the teaming partner, why the parties are teaming, division of the
work and percentages.

L.12 PRE-BID CONFERENCE AND SITE VISIT

L.12.1 Pre-bid Conference

A pre-bid conference will be held virtually on August 16, 202 at 11:00 A.M. The link to
join the Pre-bid Conference is Join the meeting now

L.12.2 Site Visits

A Site Visit will be held August 16, 2024 , immediately after the Pre -bid Conference at
approximately Noon.

L.13 BID OPENING

Bid Opening will be held virtually at 3:00 p.m., EST on September 4, 2024. The link to
join the Bid Opening is Join the meeting now
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 69 of 75

L.14 CERTIFICATES OF INSURANCE

Prior to commencing work, the Contractor shall have its insurance broker or insurance
company submit certificates of insurance giving evidence of the required coverages to the
CO as further detailed in Section I.8 of this IFB. Each certificate of insurance must identify
the Contract or solicitation number.

L.15 GENERAL STANDARDS OF RESPONSIBILITY

L.15.1 To be determined responsible, a prospective contractor must demonstrate that it:

(a) Has adequate financial resources, or the ability to obtain such resources, required to
perform the Contract;

(b) Is able to comply with the required or proposed delivery or performance schedule,
taking into consideration all existing commercial and government contract
commitments;

(c) Has a satisfactory performance record;

(d) Has a satisfactory record of integrity and business ethics;

(e) Has a satisfactory record of compliance with the applicable District licensing and tax
laws and regulations;

(f) Has a satisfactory record of compliance with the law, including labor and civil rights
laws and rules, and the First Source Employment Agreement Act of 1984, , D.C. Official
Code § 2-219.01 et seq., as amended;

(g) Has, or has the ability to obtain, the necessary organization, experience, accounting,
and operational control, and technical skills;

(h) Has, or has the ability to obtain, the necessary production, construction, technical
equipment, and facilities;

(i) Has not exhibited a pattern of overcharging the District;

(j) Does not have an outstanding debt with the District or the federal government in a
delinquent status; and

(k) Is otherwise qualified and is eligible to receive an award under applicable laws and
regulations.

L.15.2 If the Contracting Officer determines that the price included in a prospective
contractor’s bid is so low as to appear unreasonable or unrealistic, the Contracting
Officer may determine the prospective contractor to be non-responsible.
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 70 of 75

L.15.3 If the prospective contractor fails to supply the information requested, the CO shall
make the determination of responsibility or non-responsibility based upon available
information. If the available information is insufficient to make a determination of
responsibility, the CO shall determine the prospective contractor to be non -
responsible.

L.16 RESERVED

L.17 INSTRUCTIONS TO BIDDERS

The Bidder shall complete and include the following with their Bid in the following order
with clearly labeled tabs:

1. Signed Award Signature Page (including Acknowledgement of Amendments page 1;
2. The IFB pages 1 – 76;
3. Completed Attachment J.14 Form of Offer Letter and Bid Form including the
following:.
4. A list of the key personnel identified in Section C.10. The information shall include
resume indicating the years of experience and relevant experience completing similar
work;
5. Bidder/Offeror Certification Form (Attachment J.13);
6. Tax Affidavit - Each Contractor shall submit a tax affidavit provided as (Attachment
J.4). To be eligible for this procurement, Contractors must be in full compliance with
their tax obligations to the District of Columbia government;
7. SBE Subcontracting Plan as required by law (Attachment J.5);
8. DOES First Source Employment Agreement and Plan (Attachment J.7);
9. Bid Bond (Attachment J.8) or Bid Guaranty Certification (Attachment J.9);
10. Certification to Furnish Performance and Payment Bond (Attachment J.10);
11. EEO Policy Statement (Attachment J.11);
12. Clean Hands tax certificate available at https://mytax.dc.gov/_/;
13. Current copy of Bidder’s District of Columbia Business License; and

L.18 RESTRICTION ON DISCLOSURE AND USE OF DATA

L.18.1 Bidders who include in their bid data that they do not want to be disclosed to the
public or used by the District except for use in the procurement process shall mark
the title page with the following legend:

"This bid includes data that shall not be disclosed outside the District and shall
not be duplicated, used or disclosed in whole or in part for any purpose except
for use in the procurement process.

If, however, a contract is awarded to this Bidder as a result of or in connection
with the submission of this data, the District will have the right to duplicate,
use, or disclose the data to the extent consistent with the District’s needs in the
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 71 of 75

procurement process. This restriction does not limit the District’s rights to
use, without restriction, information contained in this bid if it is obtained from
another source. The data subject to this restriction are contained in sheets
(insert page numbers or other identification of sheets).

L.18.2 Mark each sheet of data it wishes to restrict with the following legend:

“Use or disclosure of data contained on this sheet is subject to the restriction
on the title page of this Bid."

L.19 UNNECESSARILY ELABORATE BIDS

Unnecessarily elaborate brochures or other presentations beyond those sufficient to present
a complete and effective response to this solicitation are not desired and may be construed
as an indication of the Bidder’s lack of cost consciousness. Elaborate artwork, expensive
paper and bindings, and expensive visual and other presentation aids are neither necessary
nor desired.

L.20 RETENTION OF SUBMISSIONS

All submissions will be retained by the Department and therefore will not be returned to
the Bidders. With the exception of proprietary financial information, the submissions will
become the property of the Department, and the Department has the right to d istribute or
use such information as it determines.

L.21 NO COMPENSATION FOR PREPARATION OF BIDS

The Department shall not bear or assume any financial obligations or liabilities regarding
the preparation of any bids submitted in response to this IFB, or prepared in connection
therewith, including, but without limitation, any bids, statements, reports, data,
information, materials or other documents or items.

L.22 ELECTRONIC COPY OF BIDS FOR FREEDOM OF INFORMATION ACT
REQUESTS

In addition to other bid submission requirements, the Bidder must submit an electronic
copy of its bid, redacted in accordance with any applicable exemptions from disclosure in
D.C. Official Code §2-534, in order for the District to comply with §2-536(b) that requires
the District to make available electronica lly copies of records that must be made public.
The District’s policy is to release documents relating to District bids following award of
the Contract, subject to applicable FOIA exemption under §2-534(a) (1).

L.23 BRAND NAME OR EQUAL

L.23.1 As used in this clause, the term “brand name” includes identification of products
by make and model.

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 72 of 75

L.23.2 If items called for by this IFB have been identified in the schedule by a “brand
name or equal” description, such identification is intended to be descriptive, but
not restrictive, and is to indicate the quality and characteristics of products that
will be satisfactory. Bids offering “equal” products will be considered for award
if such products are clearly identified in the bids and are determined by the District
to be equal in all material respects to the brand name products referenced in the
IFB.

Unless the Bidder clearly indicates in his bid that he is offering an “equal” product,
his bid shall be considered as offering a brand name product referenced in the IFB.

L.23.3 If the Bidder proposes to furnish an “equal” product, the brand name, if any, of the
product to be furnished shall be inserted in the space provided in the IFB, or such
product shall be otherwise clearly identified in the bid.

L.23.4 The evaluation of bids and the determination as to equality of the product offered
shall be the responsibility of the District and will be based on information
furnished by the Bidder or identified in his bid as well as other information
reasonably available to the purchasing authority. CAUTION TO BIDDERS:
The District is not responsible for locating or securing any information which is
not identified in the bid and not reasonably available to the District.

L.23.5 Accordingly, to ensure that sufficient information is available, the Bidder must
furnish as a part of his bid all descriptive material (such as cuts, illustrations,
drawings, or other information) necessary for the District to : (i) determine the
product offered meets the requirements of the IFB, and (ii) establish exactly what
the Bidder proposes to furnish and what the District would be binding itself to
purchasing by making an award. The information furnished may include specific
reference to info rmation previously furnished or to information otherwise
available to the District.

L.23.6 If the Bidder proposes to modify a product so as to make it conform to the
requirements of the IFB, it shall : (i) include in its bid a clear description of such
proposed modifications, and (ii) clearly mark any descriptive material to show the
proposed modifications.

L.23.7 Modifications proposed after bid opening to make a product conform to a brand
name product referenced in the IFB will not be considered.

L.24 FAMILIARIZATION WITH CONDITIONS
Bidders shall thoroughly familiarize themselves with the terms and conditions of this
Solicitation, acquainting themselves with all available information regarding difficulties
which may be encountered and the conditions under which the work is be accompli shed.
Bidders will not be relieved from assuming all responsibility for properly estimating the
difficulties and the cost of performing the services required herein due to their failure to
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 73 of 75

investigate the conditions or to become acquainted with all information, schedules and
liability concerning the services to be performed.
DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 74 of 75

SECTION M
EVALUATION FACTORS

M.1. Preferences for Certified Business Enterprises

Under the provisions of the “Small and Certified Business Enterprise Development and
Assistance Act of 2005”, D.C. Official Code § 2 -218.01 et seq., as amended (“Act”, as
used in this section), the District shall apply preferences in evaluating bids from
businesses that are certified by DSLBD pursuant to Part D of the Act.

M.1.1. Application of Preferences
For evaluation purposes, the allowable preferences under the Act shall be applicable to
prime contractors as follows:

M.1.1.1 A prime contractor that is a small business enterprise certified by the DSLBD
(“SBE”) will receive a three percent (3%) reduction in the bid price for a bid
submitted by the SBE in response to this IFB.

M.1.1.2 A prime contractor that is a resident-owned business (“ROB”) certified by DSLBD
will receive a five percent (5%) reduction in the bid price for a bid submitted by the
ROB in response to this IFB.

M.1.1.3 A prime contractor that is a longtime resident business (“LRB”) certified by DSLBD
will receive a ten percent (10%) reduction in the bid price for a bid submitted by the
LRB in response to this IFB.

M.1.1.4 A prime contractor that is a local business enterprise (“LBE”) certified by DSLBD
will receive a two percent (2%) reduction in the bid price for a bid submitted by the
LBE in response to this IFB.

M.1.1.5 A prime contractor that is a local business enterprise with its principal offices located
in an enterprise zone (“DZE”) certified by DSLBD will receive a two percent (2%)
reduction in the bid price for a bid submitted by the DZE in response to this IFB.

M.1.1.6 A prime contractor that is a disadvantaged business enterprise (“DBE”) certified by
DSLBD will receive a two percent (2%) reduction in the bid price for a bid
submitted by the DBE in response to this IFB.

M.1.1.7 A prime contractor that is a veteran-owned business (“VOB”) certified by DSLBD
will receive a two percent (2%) reduction in the bid price for a bid submitted by the
VOB in response to this IFB.

M.1.1.8 A prime contractor that is a local manufacturing business enterprise (“LMBE”)
certified by DSLBD will receive a two percent (2%) reduction in the bid price for a
bid submitted by the LMBE in response to this IFB.

DCAM-24-CS-IFB-0016
Benning Road Waste Transfer Station – Abatement and Raze Building
Page 75 of 75

M.1.1.9 Any prime contractor that is an equity impact enterprise (“EIE”) certified by DSLBD
will receive a ten percent (10%) reduction in the bid price for a bid submitted by the
EIE in response to this IFB.

M.1.2 Maximum Preference Awarded

Notwithstanding the availability of the preceding preferences, the maximum total
preference to which a certified business enterprise is entitled is twelve per cent (12%).
There will be no preference awarded for subcontracting by the prime contractor with
certified business enterprises.

M.1.3 Preferences for Certified Joint Ventures

A joint venture certified by DSLBD for this solicitation will receive preferences as a prime
contractor as determined by DSLBD.

M.1.4 Verification of Bidder’s Certification as a Certified Business Enterprise

M.1.4.1 Any Bidder seeking to receive preferences on this Solicitation must be certified at the
time of submission of its bid. The CO will verify the Bidder’s certification with
DSLBD, and the Bidder should not submit with its bid any documentation regarding its
certification as a certified business enterprise.

M.1.4.2 Any Bidder seeking certification in order to receive preferences under this solicitation
should contact the:

Department of Small and Local Business Development
ATTN: CBE Certification Program
441 Fourth Street, NW, Suite 850N
Washington, DC 20001

M.1.4.3 All Bidders are encouraged to contact DSLBD at (202) 727 -3900 if additional
information is required on certification procedures and requirements.