Proposed Contract with United Construction Services, LLC to Contract No. DCAM-24-CS-IFB-0017

MURIELBOWSERMAYOR
April28,2025
The Honorable PhilMendelson
Chairman
Councilof the Districtof 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 approvalby the Councilofthe Districtof Columbia isproposed
ContractNo. DCAM-24-CS-IFB-0017 with United ConstructionServices,LLC, in the not-to-
exceed amountof $5,036,986.60.The contracthas afinal completiondateof August 30,2025.
Undertheproposedcontract,UnitedConstructionServices,LLCwillcompletetherequired
servicestodemolishandrazetheFletcherJohnsonSchool.
My administrationisavailabletodiscussanyquestionsyoumayhaveregardingtheproposedcontract.Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasecontactDelanoHunter,Director,DepartmentofGeneralServices(“DGS”),orhaveyourstaffcontactEricNjonjo,ActingChiefProcurementOfficer,DGS,at(202)727-2800.

T look forwardtotheCouncil’sfavorableconsiderationof thiscontract.
Sincerely,
MufielBdwser
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
(Definitive Letter Contract)

(A) Contract Number: DCAM-24-CS-IFB-0017

Contractor: United Construction Services, LLC

Proposed Contract Amount: Not-to-Exceed (“NTE”) $5,036,986.60

Unit and Method of Compensation: Progress payments based on Percentage of Work
completed and Fixed Unit Prices

Term of Contract: January 16, 2025 – August 30, 2025

Type of Contract: Lump Sum Contract with NTE Amount

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 was executed on January 16, 2025.

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

The Letter Contract has been extended two times:
1. Modification No. 1 to the Letter Contract extended the duration of the Letter Contract to April
30, 2025, and
2. Modification No. 2 to the Letter Contract extended the duration of the Letter Contract to May
31, 2025.

2

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

The total value of the goods and services provided to date under the Letter C ontract is $950,000,
which represents the NTE 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-0017 (the “Contract”), between the Department of
General Services (“DGS” or the “Department”) and the Contractor will require the Contractor to
provide preconstruction and construction services to complete the demolition of the Fletcher Johnson
School, an existing three-story concrete structure that is approximately 311,000 square feet, located
at 4650 Benning R oad, SE, Washington, DC 20019. 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 Site Logistics Plan to
include the manner in which the work will be implemented. The construction services shall include:
submitting any necessary construction phase information (i.e., shop drawings, submittals, sketches),
abatement and legal dispos al of any Hazardous Materials in the demoli shed facility, demolition to
include the building, slab on grade, along with any footings for the existing foundation, and razing the
building in accordance with the Department of Buildings guidelines. The term of the Contract runs
through August 30, 2025 (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 October 7, 2024, the Department issued an Invitation for Bids (“IFB”) to engage a contractor for
the Project. On the bid due date, November 14, 2024, a total of five (5) companies (collectively, the
“Bidders” and each individually, a “Bidder”) submitted bids in a timely manner.

At the 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 for demolition, Line Item 1 plus Allowances, Line Items 2 - 4,
and Unit Price Allowances, Line Items 5 - 11. 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 price by the appropriate percentage. The
lowest apparent bidder was the Contractor.

After the bid opening, a comprehensive review of the bid submitted by the Contractor was conducted
and the bidder was determined responsive. In addition, having met the Standards of Responsibility
described in 27 DCMR § 4706, 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

3

memorandum executed on Nove mber, concluded that it was advantageous to award Contract No.
DCAM-24-CS-IFB-0017 to the Contractor.

(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 general contractor and civil subcontractor that self-performs underground utility,
sitework, concrete infrastructure, and other specialty civil services throughout the DC Metropolitan.
The Contractor is a certified small business enterprise that has successfully performed similar
services as a major subcontractor for the Department’s projects including multiple projects for the
redevelopment of St. Elizabeths East Campus and Hill East Phase II redevelopment. The Contractor
has performed demolition projects similar in scope for the federal government including the Federal
Office Building 2, Navy Annex 2 and performed the demolition of the Baltimore Sun building in
Baltimore, Maryland. The Contractor has been determined responsible.

(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:
LSDZ36569072023). The Contractor submitted a subcontracting plan that meets the minimum
requirements of the Act.

Total Dollar Value Contract $5,036,986.60
Self-performed work (100%) $5,036,986.60

(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 August
30, 2025. 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.

4

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 January 16, 2025, provides for a NTE amount
of $950,000, 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 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):

The Citywide Clean Hands database indicates that the Contractor is in compliance with 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.:

5

According to the DSLBD’s 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 LSDZ36569072023, with an
expiration date of July 9, 2026.

(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.
(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 27, 2025 L0013903984Notice Number:
FEIN: **-***3418
Case ID: 18520792

Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
UNITED CONSTRUCTION SERVICES
316 F ST NE
WASHINGTON DC 20002-4917

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: Redevelopment Fletcher Johnson Campus – Demolition Fletcher Johnson
School

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 demolition of the Fletcher Johnson School
(DCAM-24-CS-IFB-00017) with United Construction Services, LLC, Inc. in the amount of Five
Million Thirty-Six Thousand Nine Hundred Eighty-Six Dollars and Sixty Cents ($5,036,986.60)
is consistent with the Department’s current budget and adequate funds are available in the budget
for “capital eligible” expenditures.

Per Contract & Procurement (C&P), the Department of General Services issued a letter co ntract
in the amount of $950,000.00. The letter contract was funded under PO721116. The Department
is now seeking approval to increase the contract amount by $4,086,986.60 to $5,036,986.60
($950,000.00+$4,086,986.60).

The Department of General Services (DGS – Seller Agency) has $5,036,986.60 in capital inter
agency funds from the Office of the Deputy Mayor for Planning and Economic Development
(DMPD – Buyer Agency). The PASS/DIFS information is as follows.

Project Name Project
Number
Fund
Detail AY Imp
AGY
Owner
AGY RQ/PO Amount Comments
EB0 to AM0_FLETCHER JOHNSON
MIDDLE SCHOOL
REDEVELOPMENT
300228 3030301 N/A AM0 EB0 PO721116 $950,000.00 Letter
Contract
EB0 to AM0_FLETCHER JOHNSON
MIDDLE SCHOOL
REDEVELOPMENT
300228 3030301 N/A AM0 EB0 RK299363 $4,086,986.60 Proposed
Increase
TOTAL $5,036,986.60

Page 2 of 6

2000 14th St. NW, 8th Floor, Washington DC 20009 | Telephone (202) 727-2800 | Fax (202) 727-7283

Antoinette Hudson-Beckham
Agency Fiscal Officer

GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

___________________________________________________________________________

3924 Minnesota Avenue NE, 6th Floor Washington DC 20019 | Telephone (202) 727-2800 | Fax (202) 727-7283

OFFICE OF THE GENERAL COUNSEL

MEMORANDUM

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

FROM: Kristen Walp
Senior Assistant General Counsel

SUBJECT: Legal Sufficiency Certification

Proposed Contract For Construction Services For The Demolition of The Fletcher
Johnson School

Contract Number: DCAM-24-CS-IFB-0017
Contractor: United Construction Services, LLC

DATE: April 11, 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 and Council
approval; (ii) Council’s approval of the same; and ( iii) a Fiscal Certification issued by the
Department of General Services’ Agency Fiscal Officer.

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

____________________________
Kristen Walp
Senior Assistant General Counsel

GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

December 30, 2024

Sent via email to Kathy Ade at kade@unitedconstructionservicesllc.com

Kathy Ade
VP of Operations
United Construction Services, LLC
316 F Street NE
Washington, DC 20002

Reference: Invitation for Bid No. DCAM-24-CS-IFB-0017 (“IFB”) – Redevelopment
Fletcher Johnson Campus – Demolition Fletcher School

Subject: Notice to Proceed and Letter Contract

Dear Ms. Ade:

We refer to the bid submitted by United Construction Services, LLC (the “Contractor” or “United”)
in response to the above-referenced IFB. As noted in the Department of General Services’ (“DGS”
or the “Department”) Notice of Award, United 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 the notice to proceed with 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 entered into for the work described in Invitation for Bid DCAM -24-CS-IFB-0017, as
amended, including Section C – Scope of Work of this IFB, the Comprehensive Hazardous Material
Building Survey ( Attachment J.1 ), Fletcher Johnson Drawings ( Attachment J.18 ) the DGS
Standard Contract Provisions for Construction Contracts ( Attachment J.2 ), and other associated
attachments of this IFB (the “Definitive Contract”); provided, however, that to the extent an issue is
not 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.

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 th e IFB, the Comprehensive Hazardous Material Building
Survey ( Attachment J.1 ), ), Fletcher Johnson Drawings ( Attachment J.18 ) the DGS Standard
Contract Provisions for Construction Contracts ( Attachment J.2), and other attachments identified
in Section J of the IFB.

Specifically, United 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 deliverables identified in the Schedule of
Values (Exhibit 2) to the Department’s 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, including, but not limited to, its Department of
General Services, and the respective agents, employees, and offices of each as additional
insureds.

6. Duration. The Letter Contract will 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 15, 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 convenience 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, the 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 (“ProjectTeam”) system to submit any and all Project Documentation required to be
provided by the Contractor for the Project, including, but not limited to: (i) requests for
information; (ii) submittals; (iii) meeting minutes; (v) certified payrolls (in addition to upload
via LCP Tracker); (vi) drawings and specificat ions; (vii) punchlist; and (viii) other Project
Documents as may be designated by the Department. 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 Employment Agreement, Department of Small and Local
Business Development (“DSLBD”)), and insurance. At a minimum, however, the Department’s
Standard Contract Provisions General 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 Department’s
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 that the work performed under this Letter
Contract shall be subject to the Living Wage Act in effect at the time of Letter Contract
execution by the Department. As such, the Contractor 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 pursuant to the D.C. Official Code § 1 -1161.01
(Exhibit 7).

15. Exhibits. The following exhibits are attached to the NTP/Letter Contract and are
accessible at DCAM-24-CS-IFB-00017 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

ISSUED BY: ACCEPTED BY:
DEPARTMENT OF GENERAL SERVICES UNITED CONSTRUCTION SERVICES, LLC

By: ____________________ By: ____________________
Name: __________________ Name: __________________
Title: ___________________ Title: ___________________
Date: ___________ Date: __________
Kevin Toomey
President and General Manager
12/30/2024
James H. Marshall
Contracting Officer
1/16.2025
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 $950,000.
Section 6 Duration. Delete: March 15, 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
January 16, 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
United Construction Services LLC
316 F Street NE
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-0017
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) 3/14/2025
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-0017 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
Redevelopment Fletcher Johnson
Campus - Demolition Fletcher
Johnson School
2. Modification Number
Capital Construction Division
3924 Minnesota Avenue NE 5th Floor
4. Terms & Conditions. All other terms and conditions remain unchanged.
Letter Contract DCAM-24-CS-IFB-0017 is hereby modified as described below.
10A. Modification of Contract/Order No.Washington, DC 20002
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-0017X
1

(Continuation)
Contract Number Page of Pages
DCAM-24-CS-IFB-0017 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
4. Terms & Conditions. All other terms and conditions remain unchanged.
Letter Contract DCAM-24-CS-IFB-0017 is hereby modified as described below.
10A. Modification of Contract/Order No.Washington, DC 20002
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-0017X
1
Contracting and Procurement Division
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-24-CS-IFB-0017 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
Redevelopment Fletcher Johnson
Campus - Demolition Fletcher
Johnson School
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-0017
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)
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 $950,000.
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
January 16, 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
United Construction Services LLC
316 F Street NE

(Continuation)
Contract Number Page of Pages
DCAM-24-CS-IFB-0017 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

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DCAM-24-CS-IFB-0017
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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 to demolish the existing
Fletcher Johnson School. The work shall be performed in accordance with this IFB,
including, but not limited to, Section C – Scope of Work of this IFB, the Comprehensive
Hazardous Material Building Survey (Attachment J.1), the DGS Standard Contract
Provisions for Construction Contracts (Attachment J.2), and other associated
attachments of this IFB. 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 in the Comprehensive
Hazardous Material Building Survey but 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 Comprehensive Hazardous
Material Building Survey (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 responsible for :
(i) any changes in market conditions that affect the cost of labor or materials; (ii)
coordination issues to complete the work; (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
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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 Comprehensive Hazardous Material Building Survey

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

B.3.3.3 Attachment J.3
Davis-Bacon Wage Rates Determination and Title 29 Code of Federal
Regulations (“CFR”)

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 Allowances

B.3.4.1 In addition to the Lump Sum Price to provide the required services,
Attachment J.14, Offer Letter and Bid Form, includes two Owner
Controlled Allowances for Unforeseen Conditions and Permits. The
Contractor shall also provide unit prices for the export of hazardous
contaminated soil, export of non-hazardous contaminated soil, export
of unsuitable soil, and import of clean soil. The Contractor’s Unit
Price for Allowances shall be inclusive of all costs to excavate,
haul/transport contaminated soil or unsuitable soil from the project site
including delivery and tipping fees and all costs to import clean soil to
the project site. The Contractor’s total bid price shall include the Lump
Sum Price to provide the required services, plus the Owner Controlled
Allowances plus the total of Unit Price Allowances.

B.4 ACKNOWLEDGEMENT OF REVIEW OF CONTRACT DOCUMENTS

Before submitting its bid in response to this IFB, the Bidder acknowledges that it reviewed
the for accuracy, constructability, and completeness and was required to bring such
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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 discrepa ncies 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 wi th 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
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 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 soi ls on the Project site; (7) uncertainties of weather and physical
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conditions at the site; and (8) in general to have 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.
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 solicitation that is required to subcontract shall be required to
submit with its bid, any subcontracting plan required by law. Bids responding to this IFB
shall be deemed nonresponsive and shall be rejected if the bidder fails to submit a
subcontracting plan that is required by law.
B.6 For contracts in excess of $250,000, at least 50% of the dollar volume of the contract
shall be subcontracted in accordance with section H.7.1. A Subcontracting Plan form is
provided in Attachment J.5.
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.

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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
Comprehensive Hazardous Material Building Survey (Attachment 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 in clude, but
are not limited to:

C.1.1.1 The 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 commissioned a Comprehensive Hazardous Material Building Survey,
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 for 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

C.2.1 The Fletcher Johnson Middle School is an existing three-story concrete structure
that is approximately 311,000 square feet. The edifice is a three-story with a partial
basement concrete structure and borders on the southwest side by Benning Road, SE, on
the southeast side by a long parking lot, on the northeast side by a raised landscaped
sitting/play area, and finally on the northwest side by outdoor play fields (including
baseball and football). The structure was erected during the year 1975 and encompasses
311,000 square feet of space. The building forms two rectangular shapes intersecting as a
cross. The entry is elevated above the parking lot on the southeast side, accessed by a
stair. The entry to the auditorium is via a stair from Benning Road.

C.2.2 The demolition of the Fletcher Johnson building is to include the building, slab on
grade, along with any footings for the existing foundation. The building demolition is to clear
the site for future infrastructure and roadway installation. The Contractor shall perform a site
survey to locate all existing utilities to facilitate subsequent abandonments, as deemed
necessary.

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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 the 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 Conservation and Recovery Act, the Clean Water Act, the Clean Air Act and
laws relating to emission, spills, leaks, discharges, releases or t hreatened releases of toxic
material. The term Hazardous Materials shall also include petroleum and petroleum by-
products.
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 the
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. Subcontractors 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 la bor
and to supply material or equipment. Subcontractors” shall also include design
professionals who are not the Contractor’s employees and to whom the Contractor
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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 consideration that the owner directed allowances are
considered additional construction capital used at DGS discretion. Allowances are not
intended to cover the 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 costs required to complete the Project and systems as if there were no
allowances.

C.5 PRECONSTRUCTION ACTIVITIES

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 is to be performed, the areas of the site that the Contractor will occupy,
the areas of the site that will be off-limits during construction, and the safety barricades
and fences that will be required. Specifically, the Contractor shall ensure, at a minimum,
the following are completed:

a) Immediately secure the site with temporary fencing to safeguard against further
vandalism and unauthorized entry.
b) Coordinate with all relevant agencies, utilities, and municipalities to ensure the proper
removal of an existing rooftop antenna.
c) Coordinate with relevant agencies (DGS Portfolio), utilities, and municipalities to
protect the tower and associated power and communication sources located at the rear
of the site.
d) Provide any drawings required by the Department of Buildings to obtain a demolition
permit.
e) Provide all applicable permits and fees as required by various municipalities, the
licensed plumber needs in accordance with the permit, as well as payment for the
Demolition Permit.

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
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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 shal l 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 entitle the Contractor to an increas e
in the Lump Sum Price.
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.
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C.5.5 Decontamination and Waste Management Plan. Prior to the start of any
abatement and/or demolition activities, The Contractors shall prepare a decontamination
plan, including removal plans for residual ash, ACM, bulb/ballasts, battery, CFC
equipment, PCB-containing electrical equipment, petroleum and cleaning products, and
other hazardous materials. This plan should take into account management, including
water management for decontamination, rainwater disposal, recycling, beneficial reuse
plans, and debris disposal
C.5.6 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 a 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 bid, the Contractor sha ll be
entitled to an appropriate equitable adjustment as a result of such disapproval.
C.5.7 Preconstruction Phase Deliverables . The following deliverables are required
during the Preconstruction Phase.
a) Detailed Project Schedule (Section C.5.1).
b) Pre-construction Submittals (Section C.5.2)
c) Safety Plan (Section C.5.3).
d) Site Logistics Plan (Section C.5.4).
e) Decontamination and Waste Management Plan (Section C.5.5)
f) List of Subcontractors and Suppliers (Section C.5.6).
C.6 CONSTRUCTION PHASE
The Contractor shall construct the work described in 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 COTR for review and
approval. Unless a different timeframe is established in the approved baseline schedule ,
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 shall be required to
revise and resubmit such documents. Any delays that result from any construction phase
submittal resubmissions shall be considered non-excusable. The Contractor shall ensure
that at a minimum, the following are completed:

a) Coordinate all inspections as required to complete this work.

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b) Ensure that all close-out documentation is provided to include as-built drawings of
utility abandonments to facilitate future construction phases

C.6.1 Supervision & Coordination . The Contractor shall properly supervise and coordinate its
work. At a minimum, it is envisioned that the Contractor participate and complete 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 programs 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 them to the Department for
approval and payment.
h) Assemble and provide all 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 shall visit the site, become familiar with local conditions
under which the work is to be performed , and correlate personal observations with requirements
of the Comprehensive Hazardous Material Building Survey . 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 Comprehensive Hazardous Material
Building Survey 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 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
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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 subsurface 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 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 the Environmental Protection Agency (“ EPA”) and all
jurisdictional agencies’ rules and regulations. This includes but is not limited to the following:
a) Toxic Substances Control Act
b) DC Brownfield Law
c) Clean Air Act
d) Clean Water Act

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 specification 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 type 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 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 appropriate times. The Contractor shall ensure abatement
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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 contractor’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 materials 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 f or the
disposal of hazardous materials.
C.6.6.4 If Hazardous Materials beyond those identified in the hazmat report are discovered on the
site, the Contractor shall be entitled to an equitable adjustment in accordance with Article 4 of the
Standard Contract Provisions for Construction Contracts (Attachment J.2). The Contractor shall
keep detailed records documenting Work done so that the Department may independently verify
compliance with all laws, the number of units actually removed, treated, and/or disposed of, and
the appropriate unit price(s) applicable to th e 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 The Contractor shall provide the required support services inclusive of
scheduling, Project administration, and management and coordination of
subcontractors.

C.6.6.5.2 The Contractor shall conduct industrial hygiene investigation, work as required
for the Project.

C.6.7 Raze Building. The Contractor shall raze the building in accordance with the Department
of Buildings guidelines available at https://dob.dc.gov/node/1616071 (Attachment J.15).
The Contractor shall at a minimum:
a) Complete Raze of the existing building to include all necessary utility
abandonments, foundation excavation and backfill.
b) Preparation and submission of Stormwater Management and Sediment and Erosion
Control Plan.
c) 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”).
d) The Contractor shall be responsible for the coordination of all inspections as required
to complete this work.
e) The Contractor shall coordinate with any and all neighboring project(s) stakeholders.
f) The Contractor shall facilitate community engagement efforts by providing pertinent
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schedule information along with any information where the Project could impact both
neighboring residential and commercial communities.
g) 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 a 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 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
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completed construction of the Department or separate Contractors by cutting, patching or
otherwise altering such construction, 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 the Department on demand or upon Project completion without
demand. In the event any issue or defect that 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 manufacturer’s 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 schedule), the Contractor shall identify the causes of any potential
delay and state what, in the Contractor's 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 Su bstantial
Completion or Final Completion of the Project will be achieved later than the applicable scheduled
completion date shall not constitute requests for an 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 Final
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.
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C.6.17 Construction Phase Deliverables
a) Progress Meeting Minutes (C.6.8).
b) Progress Reports (C.6.9).
c) Close Out Documents (C.6.12).
d) Copy of Manufacturer Warranties (C.6.15).
e) Stormwater Management and Sediment and Erosion Control Plan (C.6.7. c)
f) Maintenance of Traffic Plans (C.6.7 d)
g) 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
determines that either of the events specified in the preceding sentence has 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. 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
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 whi ch 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.

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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 Department); (v) certified payrolls (in addition to uploading 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
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.

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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
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,
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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 . 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.
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SECTION D
PACKAGING AND MARKING

D.1 Reserved – Intentionally Omitted

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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).

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SECTION F
PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT

The term of the contract shall be for the period beginning the date the Contracting Officer
(“CO” or “Contracting Officer”) execut es the Contract (as specified on page 1 of this
Contract) or the date of the CO’s execution of the NTP and Letter Contract and shall
continue to Final Completion Date as defined in F.1.2 below.

F.1.1 Substantial Completion Date. The Project shall be substantially complete no later than
July 31, 2025. 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 Depar tment to use it for
its intended purpose. “Minor punchlist items” are defined for this purpose as items that, in
the 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 includes all other labor, materials, equipment, and services
provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The
Work may constitute the whole or a part of the Project.

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 Di strict of Columbia, and final lien releases from the Contractor 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 the 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.
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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
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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.
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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 the 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.

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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 payment for the completed delivery of the item of
property or service is m ade 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.

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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%.

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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.

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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
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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.

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SECTION H
SPECIAL CONTRACT REQUIREMENTS

H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES

H.1.1 For all new employment resulting from this Contract or subcontracts hereto, as
defined in Mayor’s Order 83 -265 and implementing instructions, the Contractor
shall use its best efforts to comply with the following basic goal and objectives for
utilization of bona fide residents of the District of Columbia in each Project’s labor
force:
H.1.1.1 At least fifty-one (51) percent of apprentices and trainees employed shall
be residents of the District of Columbia registered in programs approved by
the District of Columbia Apprenticeship Council.
H.1.2 The Contractor shall negotiate an Employment Agreement with the Department of
Employment Services (“DOES”) for jobs created as a result of this Contract. The
DOES shall be the Contractor’s first source of referral for qualified apprentices and
trainees in the implementation of employment goals contained in this clause.
H.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 AND TITLE 29 CODE
OF FEDERAL REGULATIONS (“CFR”)

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
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employee, unless the Contractor can demonstrate that the accommodation would
impose an undue hardship;
b. Take 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.

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H.4 UNEMPLOYED ANTI-DISCRIMINATION

H.4.1 The Contractor shall comply with the Unemployed Anti -Discrimination Act of
2012, D.C. Official Code § 32 -1361 et seq . (“Anti- Discrimination Act”) .

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;

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

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

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

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.

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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.

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
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been mined or produced in the 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 t he 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,
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);
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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
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;
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(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
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.

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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)
(“Act” as used in this section). This section applies to any employment, including
employment on a te mporary 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
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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 Contractor
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
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.
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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:
(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
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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.
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
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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 .15.1, for
examination, audit, or reproduction, until three (3) years after final payment under this
Contract or for any shorter period specified in the Solicitation, or for any longer period
required by statute or by other clauses of this Contract. In addition:

a. If 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.15.7 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.15.5.

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 any
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 t he duly authorized
representative of the CO as is necessary to ensure accomplishment of the Contract
objectives.
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H.17 DISTRICT RESPONSIBILITIES

H.17.1 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 Contractor or the
Contractor's employees.

H.18 CONTRACTOR RESPONSIBILITIES

H.18.1 The Contractor shall be responsible for providing services in accordance with the
requirements of this Contract.

H.18.2 The Contractor shall be responsible for obtaining all licenses and permits necessary
for the performance of this Contract.

H.18.3 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.18.4 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.18.5 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

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
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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;
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.
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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

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
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the Contractor will interact with the existing work force during 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.

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 Rate Agreement
(NICRA). If a nonprofit organization does not have an unexpired NICRA, the nonprofit
organization may elect to instead include in its rates its indirect costs:
(1) As calculated using a de minimis rate of 10% of all direct costs under this
contract;
(2) By negotiating a new percentage indirect cost rate with the awarding agency;
(3) As calculated with the same percentage indirect cost rate as the nonprofit
organization negotiated with any District agency within the past 2 years; however,
a nonprofit organization may request to renegotiate indirect costs rates in
accordance with B.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.
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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.

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, firm or
corporation, in accordance with the District and federal laws governing the confidentiality
of records.

I.4 TIME

Time, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless
otherwise stated herein.

I.5 RIGHTS IN DATA

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,
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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) modific ations, customizations, custom programs, program listings, programming
tools, data, modules, components; and i) any intellectual property embodied therein,
whether in tangible or intangible form, including but not limited to utilities, interfaces,
templates, subroutines, algorithms, formulas, source code, and object code.

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

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

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

B. Title to Project Deliverables

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

1. Existing Products: Title to all Existing Licensed Product(s), whether or not embedded
in, delivered or operating in conjunction with hardware or Custom Products, shall
remain with Contractor or third-party proprietary owner, who retains all rights, title and
interest (including patent, trademark or copyrights). Effective upon payment, the
District shall be granted an irrevocable, non -exclusive, worldwide, paid-up license to
use, execute, reproduce, display, perform, adapt (unless 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.

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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.

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.
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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.

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.

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The Government of the District of Columbia shall be included in all policies, where
applicable and allowable by law, required hereunder to be maintained by the Contractor
and its subcontractors (except for workers’ compensation and professional liability
insurance) as an additional insureds for claims against The Government of the District of
Columbia relating to this contract, with the understanding that any affirmative obligation
imposed upon the insured Contractor or its subcontractors (including without limitation
the liability to pay premiums) shall be the sole obligation of the Contractor or its
subcontractors, and not the additional insured. The additional insured status under the
Contractor’s and its subcontractors’ Commercial General Liability insurance policies
shall be effected using the ISO Additional Insured Endorsement form CG 20 10 11 85 (or
CG 20 10 07 04 and CG 20 37 07 04) or such other endorsement or combination of
endorsements providing coverage at least as broad and approved by the CO in writing.
All of the Contractor’s and its subcontractors’ liability policies (except for workers’
compensation and professional liability insurance) shall be endorsed using ISO form CG
20 01 04 13 or its equivalent so as to indicate that such policies provide primary coverage
(without any right of contribution by any other insurance, reinsurance or self-insurance,
including any deductible or retention, maintained by an Additional Insured) for all claims
against the additional insured arising out of the performance of this Statement of Work by
the Contractor or its subcontractors, or anyone for whom the Contractor or its
subcontractors may be liable. These policies shall include a separation of insureds clause
applicable to the additional insured.

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

B. INSURANCE REQUIREMENTS

1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide
evidence satisfactory to the CO with respect to the services performed that it carries a
CGL policy, written on an occurrence (not claims-made) basis, on Insurance Services
Office, Inc. (“ISO”) form CG 00 01 04 13 (or another occurrence-based form with
coverage at least as broad and approved by the CO in writing), covering liability for all
ongoing and completed operations of the Contractor 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
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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.

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.

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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
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.
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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.

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.

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

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

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

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

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

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

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

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

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

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.
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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
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
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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.

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
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form of sex discrimination which is prohibited by the Act. In addition,
harassment based on any of the above protected categories is prohibited by the
Act.
2. The Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their actual or perceived: race, color, religion, national origin, sex, age, marital
status, 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).
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 worke rs’ 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.
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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 threa tened 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 full 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.
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.
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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 Comprehensive Hazardous Material Building Survey
J.2 DGS Standard Contract Provisions (General 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
J.14 Form of Offer Letter and Bid Form
J.15 Department of Buildings
Raze Permit Procedures

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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.

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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.

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 October 24, 2024.

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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 , October 24, 2024,
no later than 2:00 P.M.,

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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 October 1 4, 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 th e 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
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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
that may be encountered and the conditions under which the work is accomplished.
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 al l information, 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 on October 9, at 11:30 A.M. The Pre-bid Conference
will be held at the Department of General Services, 3924 Minnesota Avenue NE
Washington, DC 20019, First Floor in the Chuck Brown Conference.

L.12.2 Site Visits

A Site Visit will be held on October 9, 2024, immediately after the Pre-bid Conference.

L.13 BID OPENING

Bid Opening will be held virtually at 3:00 p.m., EST on October 24, 2024. The link to
join the Bid Opening is Join the meeting now
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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.

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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.

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 – 74;
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 a
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).
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.

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
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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
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.
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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 information 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
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investigate the conditions or to become acquainted with all information, schedules and
liability concerning the services to be performed.
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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.

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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.