Proposed contract with TRI Consulting, Inc. for Contract No. DCPL-2025-C-0018

GOVERNMENT OF THE DISTRICT OF COLUMBIA

April 29, 2025

The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 402
Washington, DC 20004

Reference: Janitorial and Related Supplemental Services for the
Martin Luther King, Jr. Memorial Library
Contract No.: DCPL-2025-C-0018

Dear Chairman Mendelson:

Pursuant to D.C. Official Code §1-204.51(b) (2) (A) and enclosed for consideration by
the Council of the District of Columbia is a proposed fixed price contract for
$1,043,538.76 with TRI Consulting, Inc. to provide janitorial and related supplemental
services for the Martin Luther King, Jr. Memorial Library. This contract will enable the
DC Public Library (DCPL) to provide a clean, comfortable and operable library for
DCPL staff and the public at all times. The contract period of performance will be from
the award date through one year thereafter.

I look forward to the favorable consideration of this proposed contract. As always, I am
available to discuss any questions you may have regarding the proposed contract. To
facilitate a response to any questions, please have your staff contact Barbara Jumper,
Chief Business Officer, at (202) 727-1101.

Sincerely,

Richard Reyes-Gavilan
Executive Director

Enclosure
cc: Nyasha Smith, Secretary to the City Council

GOVERNMENT OF THE DISTRICT OF COLUMBIA

Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C. Official
Code § 2-352.02(c), the following contract summary is provided:

COUNCIL CONTRACT SUMMARY
(Standard)

(A) Contract Number: DCPL-2025-C-0018

Proposed Contractor: TRI Consulting, Inc.

Proposed Contractor’s Principal: Brahim Zahar

Contract Amount (Base Period): $1,043,538.76

Unit and Method of Compensation: Price per month

Term of Contract: Date of Award through One Year Thereafter

Type of Contract: Fixed price with cost-reimbursement component

Source Selection Method: Request for Proposals

(B) For a contract containing option periods, the contract amount for the base period and
for each option period. If the contract am ount for one or more of the option periods
differs from the amount for the base period , provide an explanation of the reason for
the difference:

Base Period Amount: $1,043,538.76

Option Period 1 Amount: $1,074,244.92
Explanation of difference from base period: Th e 2.9% yearly increase is for the anticipated
increases in the DOL Wage Determination, th e District Living Wage and the cost of
janitorial supplies.

Option Period 2 Amount: $1,105,872.27
Explanation of difference from base period: The 2.9% yearly increase is for the anticipated
increases in the DOL Wage Determination, th e District Living Wage and the cost of
janitorial supplies.

Option Period 3 Amount: $1,138,448.44
Explanation of difference from base period: Th e 2.9% yearly increase is for the anticipated
increases in the DOL Wage Determination, th e District Living Wage and the cost of
janitorial supplies.

Option Period 4 Amount: $1,172,001.89
Explanation of difference from base period: The 2.9% yearly increase is for the anticipated
increases in the DOL Wage Determination, th e District Living Wage and the cost of
janitorial supplies.

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

Under the proposed contract, the Contractor shall furnish all labor, management,
supervision, equipment, materials and supplies necessary to provide janitorial services;
some event set ups, changeovers and restorati ons; and related supplemental services at the
Martin Luther King Jr. Memorial Library located at 901 G Street, NW, Washington, DC
20001.

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

Request for Proposals (RFP) No. DCPL-2025-R -0018 was issued on January 9, 2025, in a
set-aside market. The District intends to award a single contract from this solicitation to the
responsible Contractor whose offer conformi ng to the solicitation shall be most
advantageous to the District, cost or price, technical, and other factors specified elsewhere
in the RFP considered.

On the same day, RFP was advertised in th e Washington Post and subsequently, DSLBD
was notified about this solicitation.

There were three (3) amendments issued to the solicitation:

¾ Amendment No. 1 was issued on January 23, 2025, to provide the site visit sign-in
sheets and to revise the Form of Offer Letter.

¾ Amendment No. 2 was issued on January 30, 2025, to provide responses to vendors’
questions and to extend the closing date.

¾ Amendment No. 3 was issued on January 31, 2025, to provide egress plans and to
extend the closing date to February 7, 2025.

On the closing date, February 7, 2025, eleven (11) offerors responded to the RFP.
However, two of the offerors are deemed non-responsive for failing to use the revised
Form of Offer Letter outlined in Amendment No.1, while one offeror submitted a late
proposal. All three (3) offerors were notified on February 14, 2025 that their
proposals were rejected. The eight (8) responsive offerors are as follows:

1) Ballinger Cleaning Services
2) Be Clean Cleaning Services, LLC
3) Community Bridge, Inc
4) District Contractors, LLC
5) One Kare Enterprise, LLC
6) R&R Janitorial, Painting &Building Services
7) Tri Consulting, Inc.
8) CDA Cleaning Services

The DCPL Office of Procurement sent th e Confidentiality Agr eement, Disclosure
form, Evaluation Plan, Scoresheets, and the eight (8) technical proposals to the pre-
selected members of the Technical Evalua tion Panel (TEP) namely Jonathan Banks,
Keith Gilbert, and Tenikka Greene. No conflict of interest was found among the TEP
members.

The TEP was instructed to review the technical proposals in accordance with Section
M.2 of the RFP. The technical proposals shall be evaluated using an 80-point scale with
point values allocated as follows:

¾ Technical – 1) Technical Approach 20 points
2) Management Approach 20 points
3) Key Personnel 20 points
4) Relevant Experience and Past Performance 20 points

¾ Price – using the following formula: 20 points

Lowest Price Proposal
--------------------------------------- X 20
Price Proposal being Evaluated

¾ CBE Preference Points pursuant to
Section M.4 of the RFP 12 points
Total Maximum Points 112 points

On February 28, 2025, the Office of Procur ement received the individual scoresheets
from the TEP members. Then on March 3, 2025, the Lead Contract Specialist and
the TEP members held a consensus meeting to allow members to discuss their
independently evaluated scoring and to formulate its collective conclusion and decide
on final consensus score for each evaluation factor per technical proposal. See Table
1 of TEP individual and consensus scores.

Table 1 – TEP Individual and Consensus Scores
JB KG TG
Consensus
Score
Total Technical
Score
Ballinger Cleaning Services 49
Factor 1 - 20 pts. 15 18 15 16
Factor 2 - 20 pts. 14 15 10 13
Factor 3 - 20 pts. 17 14 12 15
Factor 4 - 20 pts. 10 12 18 5
Be Clean Cleaning Services, LLC 46
Factor 1 - 20 pts. 15 14 20 14
Factor 2 - 20 pts. 14 10 10 10
Factor 3 - 20 pts. 14 5 17 12
Factor 4 - 20 pts. 12 5 15 10
Community Bridge, Inc. 62
Factor 1 - 20 pts. 17 18 17 16
Factor 2 - 20 pts. 16 16 20 16
Factor 3 - 20 pts. 16 15 20 15
Factor 4 - 20 pts. 16 15 15 15
District Contractors, LLC 32
Factor 1 - 20 pts. 12 14 12 10
Factor 2 - 20 pts. 12 12 5 9
Factor 3 - 20 pts. 8 12 7 5
Factor 4 - 20 pts. 8 10 15 8
One Kare Enterprise, LLC 53
Factor 1 - 20 pts. 14 12 20 12
Factor 2 - 20 pts. 15 12 20 15
Factor 3 - 20 pts. 14 10 20 14
Factor 4 - 20 pts. 14 12 20 12
R&R Janitorial, Painting & Building Services 59
Factor 1 - 20 pts. 16 18 18 15
Factor 2 - 20 pts. 16 16 12 12
Factor 3 - 20 pts. 20 14 15 15
Factor 4 - 20 pts. 20 10 17 17
TRI Consulting, Inc. 76
Factor 1 - 20 pts. 20 18 20 19
Factor 2 - 20 pts. 20 16 20 18
Factor 3 - 20 pts. 20 20 20 20

Factor 4 - 20 pts. 20 18 20 19
CDA Cleaning Services 46
Factor 1 - 20 pts. 12 16 17 12
Factor 2 - 20 pts. 10 14 20 12
Factor 3 - 20 pts. 12 12 17 12
Factor 4 - 20 pts. 10 5 20 10

TEP EVALUATION SUMMARY FOR EACH OFFEROR

1) TRI Consulting, Inc. (Technical Score: 76)

TRI Consulting, Inc. provided a proposal that demonstrated their ability to perform the
requirement outlined in the RFP. They presented a very detailed technical approach
with very little definiens. The management plan was very detailed as well showing the
staffing organization plan and the process to which they would respond to emergencies.
The key personnel provided for this RFP is excellent. The relevant experience was very
good, however some of the evaluation forms lacked detail.

2) Community Bridge, Inc. (CBI) (Technical Score: 62)

CBI provided a good technical proposal, how ever there were some items not noted.
There cleaning plan did not address monthl y cleaning, weekly or quarterly cleaning.
CBI did demonstrate a good quality control p lan. Their green cleaning plan was just a
basic plan that lacked some detail as to how the plan would be put into action. CBI
only provided one key personnel with similar experience and building size comparable
to MLK. The quality control manager and on-site supervisor did not provide square
footage and experience in buildings similar to MLK.

3) R&R Building Services (R&R) (Technical Score: 59)

R&R provided a strong personnel team with ex perience similar in size and scope to
MLK. R&R’s relevant experience and current projects are similar or larger in size and
scope to the RFP’s requirement. The techni cal plan did not address some factors and
was somewhat basic. No details were provided as to how external cleaning would be
handled. The green clean plan did not show what green cleaning certified process they
would be using. The technical approach plan was also not specific to DCPL, and
somewhat generic. The management approach did not note in standard operating
procedures as part of the plan. No expose plan control plan was noted as part of the
management approach. No software was noted (clean Telligent etc.) as a way to help
manage this project.

4) One Kare Enterprise, LLC (Technical Score; 53)

One Kare provided a basic technical approach. No details were provided on green
cleaning nor product details. Quality control plan did not mention any metrics to
accomplish. A staffing plan was provided but not specific to DCPL. Event and set ups
are only two bullet points, plan did not addre ss specific as to how operations would be
handled. No mention of OSHA as part of the safety program. The management did not
address staffing issues; emergency response and how chemical spill would be handled;
and bio-hazards or large water emergencies. The key personnel listing failed to show
square footage on past experience on any resumes . There’s no quality control manager
provided as required in the RFP. One Kare provided one project with a dollar amount
similar to MLK, however none of the projects were comparable in size in terms of
square footage.

5) Ballinger Cleaning Services (Technical Score: 49)

Ballinger provided a very detailed plan on external and internal cleaning. The green
cleaning plan was good and noted product information. However, the green cleaning
plan did not mention any information on trai ning and no staff safety manual was
provided. They did provide a safety plan; how ever, the plan did not address specific
practices and procedures. The event plan and Q/C plan was good and showed metrics
and oversight. The management approach plan was missing key information and was
confusing, as some items were listed in other sections of the proposal. Management
plan was not very organized. Ballinger provided a very strong key personnel team
having the entire team very well experienced. The relevant experience did not meet the
standards of the RFP. The projects listed to include DC City wide contract, UDC
contract, the DCPL branch contract and ML K contract are not Ballinger contracts,
however some members Ballinger senior staff previously worked for those companies
who worked on those contracts. This include the Reagan Airport contract as well. No
dollar amount was shown and no awarded dates was shown. Ballinger failed to meet
the standards of Factor 4 on Relevant Experience.

6) CDA Cleaning (Technical Score: 46)

CDA did not address internal cleaning in the technical approach, no frequence of
cleanings was noted. No mention of using any industry standards. No mention of ISSA,
APPA, not enough details on the green cleaning. No staff safety manual was provided.
A statement was provide for scheduling but not template as to how the schedule would
be managed at MLK. Quality control plan was generic and did not mention any
inspection systems. CDA did not provide a safety plan for ongoing training, training
programs did no mention specific critical incidents such as chemical spills and hazard
training. No organizational chart provided. All CDA key personnel have at least 10
years’ experience. A few of the personnel lack currently do not work for CDA. No
square footage, size and scope of projects not listed for any CDA proposed key
personnel. No projects were provided meet the relevant experience of past performance
for project similar to MLK.

7) Be Clean Cleaning Services, LLC (Technical Score: 46)

The technical approach mostly addresses safety more than janitorial services. The plan
does not mention weekly schedule and goes directly to monthly scheduling. The
internal and external cleaning is somewhat confusing. The green cleaning plan is not
specific to DCPL. Safety manual is gene ric and not specific to DCPL and green
cleaning products are not mentioned. Quality control plan does not show metrics and
enforced compliance. A training plan is noted; however, it does not mention the
process and procedures. The management plan is focused on communication and
documentation; and not demonstrating how the project work flow would be handled.
No mention of inventory management and no training manual mention for equipment.
Only two key personnel resumes were provided and failed to meet the requirement per
the RFP. Only one project meets the standard of Factor 4.

8) District Contractors, LLC (Technical Score: 32)

The District Contractor’s technical approach plan is very basic, no quality control noted
and the green cleaning plan is not detailed. No staff safety program noted and there’s
no training noted for safety. Security requi rements are basic and not specific to DCPL.
No demonstrated plan provided for events. No metrics were noted for quality control
plan. The management plan is generic a nd not specific to DCPL. No information on
how staff would be deployed. No safety manuals provided for what equipment would
be used, and no plan on ongoing compliance for training and safety. Key personnel
mostly have construction experience and the offeror does not meet the standard in
Factor 3 of the RFP. The three projects provided do not meet the size and scope of
DCPL’s requirement in terms of dollar amount or square footage.

Based on the TEP evaluation and assessment, TRI Consulting, Inc. is the top-ranked
among the eight (8) offerors, followed by Community Bridge, Inc. and R&R
Janitorial, Painting and Building Services, Inc.

The Procurement Office tabulated the price proposals as shown below:

Table 2 – Price Proposal and Scores
Offeror Total Price Proposal
For 5 years
Price Score
(Max: 20 pts.)
District Contractors, LLC $4,290,500.00 20
One Kare Enterprise, LLC $5,114,968.40 17
CDA Cleaning Services $5,407,359.28 16
Be Clean Cleaning Services, LLC $5,435,742.12 16
TRI Consulting, Inc. $5,534,106.56 16
Ballinger Cleaning Services $5,647,340.00 15
Community Bridge, Inc. $5,670,109.00 15
R&R Janitorial, Painting $9,133,381.44 9

With the addition of Price Score (Table 2) a nd Preference Points, TRI Consulting, Inc.
received the highest score of 99 (see Table 3).

Table 3 – Offerors’ Total Scores and Ranking
Rank Offeror Technical
Score
Price
Score
Preference
Points
Total
Score
1 TRI Consulting, Inc. 76 16 7 99
2 Community Bridge, Inc. 62 15 12 89
3 R&R Janitorial, Painting 59 9 12 80
4 One Kare Enterprise, LLC 53 17 9 79
5 Ballinger Cleaning Services 49 15 12 76
6 CDA Cleaning Services 46 16 12 74
7 Be Clean Cleaning Services, LLC 46 16 7 69
8 District Contractors, LLC 32 20 9 61

The Contracting Officer attended the consensu s meeting as well and conducted her own
review of the proposals on March 18, 2025 and March 19 , 2025. She examined the TEP’s
individual scoresheets and evaluations, and she found that they are in line with her
Contracting Officer Independent Assessment (COIA). She concurs that the top-ranked
offeror, TRI Consulting, Inc. met and exceed ed most of the requirements of the RFP.
Based on these findings, it is determined that the proposed contract shall be awarded to TRI
Consulting, Inc., the highest ranked offeror, whose offer is most advantageous to the
District, based upon the evaluation criteria specified in the solicitation.

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

None

(F) A description of any other contracts the prop osed contractor is currently seeking or
holds with the District:

Currently, TRI Consulting, Inc. is a subc ontractor in Contract No. DCAM-21-NC-RFP-
0013B with RSC Electrical & Mechanical Co ntractors which provides Consolidated
Maintenance Services for the Department of Employment Services. TRI Consulting
provides outstanding janitorial services under this contract which comprises 42% of the
total contract value.

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

TRI Consulting, Inc. has been successful in providing consulting and administrative
management solutions to their customers throughout the Washington, DC area since they
started their operation in 2015. They specialize in janitorial services with all operations
managed in-house for quality control. They have satisfactorily performed janitorial
services under various contracts with District agencies to include the Department of
General Services, Department of Employment Se rvices and the Department of Behavioral
Health among others. Their Dun and Bradstreet Business Information Report, dated March
12, 2025, showed that TRI Consulting, Inc. has an overall assessment of “Stable
Condition” and has zero public filing.

(H) A summary of the subcontracting plan required under section 2346 of the Small,
Local, and Disadvantaged Business Enterp rise 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 th e contract to be subcontracted, expressed
both in total dollars and as a percentage of the total contract amount:

The Contractor is a certified small business enterprise by the DSLBD and is not required to
submit a subcontracting plan.

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

The Contractor shall perform janitorial and related supplemental services in accordance
with the terms and conditions of the contract. The performance standard is 100% delivery
of all services to the satisfaction of the DCPL.

(J) The amount and date of any expenditure of funds by the District pursuant to the
contract prior to its submission to the Council for approval:

As of this date, there is no expenditure of funds by the District.

(K) A certification that the proposed contract is within the appropriated budget authority
for the agency for the fiscal year and is co nsistent 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 there is sufficient funding for
the proposed contract.

(L) A certification that the contra ct is legally sufficient, incl uding whether the proposed
contractor has any pending legal claims against the District:

The contract action has been determined by the DCPL General Counsel’s Office to be
legally sufficient. The proposed contractor has no pending legal claims against the District.

(M) A certification that Citywide Clean Hands database indicates that the proposed
contractor is current with its District tax es. 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 wo rked out and is current with a payment
schedule approved by the Distr ict; or (2) a certification th at 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):

A certification has been issued by the City wide Clean Hands database indicates that the
proposed contractor is current with its District taxes.

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

The proposed contractor self-certified that they are current with federal taxes.

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

The proposed contractor self-certified that they did not and will not violate section 334a of
the Board of Ethics and Government Accoun tability Establishment and Comprehensive
Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a.

(P) The status of the proposed contractor as a certified local, small, or disadvantaged
business enterprise as defined in the Small, Local, and Disadvantaged Business
Enterprise Development and Assistance Act of 2005, as amended; D.C. Official Code
§ 2-218.01 et seq.:

The Contractor is certified as a Small Business Enterprise (SBE) by the Department of
Small and Local Business Development.

(Q) Other aspects of the proposed contract th at the Chief Procurement Officer considers
significant:

None

(R) A statement indicating whethe r 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 proposed contractor is not debarred or excl uded from providing services to the District
and federal governments.

(S) Any determination and findings issues relati ng to the contract’s formation, including
any determination and findings made under D.C. Official Code § 2-352.05
(privatization contracts):

Determination & Findings for Use of Competitive Sealed Proposals
Determination & Findings for Contractor Responsibility
Determination & Findings for Price Reasonableness

(T) Where the contract, and any amendments or mo difications, if executed, will be made
available online:

The proposed contract, if approved, will be posted on the DCPL website at:

https://www.dclibrary.org/about/contractawards

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

The original solicitation and amendments are posted on the DCPL website at:

https://www.dclibrary.org/about-us/contracts-and-procurement#storyTab

1101 4th Street, SW
Washington, DC 20024
Date of Notice: April 23, 2025 L0014043407Notice Number:
FEIN: **-***5948
Case ID: 18565993
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
TRI CONSULTING INCORPORATION
1531 D ST SE
WASHINGTON DC 20003-2439
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
C
As reported in the Clea
reported in the Cle
iability with the District o
ility with the Di
vices. As of the date abov
ices. As of the date abov
ertificate of Clean Hands
ertificate of Clean Hand
TITLE 47. TAXATION, L
TLE 47. TAXATION,
CHAP
CHAP
PTER II. CLEAN HAND
PTER II. CLEAN HAN
D.C. CO
D.C. CO
PROHIBITION AGAINS
ROHIBITION AGAIN
1
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of General Counsel
MEMORANDUM
TO: Tornia Harrison-Samuels
Interim Contracting Officer
FROM: J. Kevin McIntyre
General Counsel
DATE: April 21, 2025
SUBJECT: Legal Sufficiency Review for Over-Million Dollar Contract for janitorial and
related supplemental services at Martin Luther King, Jr. Memorial Library
CONTRACTOR: TRI Consulting, Inc.
CONTRACT NO.: DCPL-2025-C-0018
PERIOD OF PERFORMANCE: Date of Award through One Year Thereafter
TOTAL CONTRACT AMOUNT: $1,043,538.76 (Base Year)
TYPE OF CONTRACT: Fixed price with cost-reimbursement component

_____________________________________________________________________________________
This is to Certify thatthis Office has reviewed the above-referenced Contract and that I have found it to
be legally sufficient. If you have any questions in this regard, please do not hesitate to call me at (202) 727-
1134.
______________________________
J. Kevin McIntyre, General Counsel

2
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of General Counsel
MEMORANDUM
TO: Tornia Harrison-Samuels
Interim Contracting Officer
FROM: J. Kevin McIntyre
General Counsel
DATE: April 21, 2025
SUBJECT: Legal Sufficiency Review for Over-Million Dollar Contract for janitorial and
related supplemental services at Martin Luther King, Jr. Memorial Library
CONTRACTOR: TRI Consulting, Inc.
CONTRACT NO.: DCPL-2025-C-0018
PERIOD OF PERFORMANCE: Date of Award through One Year Thereafter
TOTAL CONTRACT AMOUNT: $1,043,538.76 (Base Year)
TYPE OF CONTRACT: Fixed price with cost-reimbursement component

______________________________________________________________________
1. Description of Proposed Contract
The proposed Contract No. DCPL-2025-C-0018 (or hereinafter referred to as “Contract”), is for
Council approval of a contract for Over-Million Dollar Contract to fund janitorial services, some
event set ups, changeovers and restorations, and related supplemental services at the Martin Luther
King Jr. Memorial Library. See Contract (Attachment D).

3

The proposed contractor, TRI Consulting, Inc., is a general contractor that provides mechanical,
consulting, administrative management and solutions and janitorial services. They have
satisfactorily performed janitorial services under various contracts with District agencies to include
the Department of General Services, Department of Employment Services and the Department of
Behavioral Health among others.

It is necessary at this time that the Council approve Over-Million Dollar Contract No. DCPL-
2025-C-0018. DCPL seeks Council approval for this proposed Contract of one million forty-three
thousand five-hundred thirty-eight dolla rs and seventy-six cents ($1,043,538.76) with TRI
Consulting, Inc. from Date of Award through One (1) Year Thereafter. The Contract is a
firm/fixed price contract with cost-reimbursement component.

By Funding Certification dated March 27, 2025, the DCPL Office of the Chief Financial Officer
(OCFO) certifies available funding for Contract No. DCPL-2025-C-0018 with TRI Consulting, Inc.
for FY-25 and FY-26 to support the Contract from Date of Award through One (1) Year Thereafter.
See Funding Certification (Attachment B). These funds are available for the Contract from Date of
Award through One (1) Year Thereafter, subject to budget appropriation and availability. The
certification amount of one million forty-three thousand five-hundred thirty-eight dollars and
seventy-six cents ($1,043,538.76) is verified by the Agency Fiscal Officer (AFO) as follows:
x Two Hundred Sixty Thousand Eight-Hundred Ei ghty-Four Dollars and Sixty-Nine Cents
($260,884.69) for FY 2025
x Seven Hundred Eighty-Two Thousand Six-Hundr ed Fifty-Four Dollars and Seven Cents
($782,654.07) for FY 2026

The Agency has received the Certificate of Clean Hands for TRI Consulting, Inc., dated March 24,
2025, certifying compliance with the District of Columbia tax laws and regulations. The Interim
Contracting Officer has ensured that TRI Consulting, Inc. is not listed on OCP’s Excluded Parties
listing as of February 28, 2025, and maintains an active registration with SAM, the Federal e-
procurement system, as of October 9, 2024, which certifies that the vendor is not currently barred
from providing services or goods to the District of Columbia. See Clean Hands Certification
(Attachment C), OCP’s Excluded Parties list (Attachment E) and SAM Registration (Attachment
F).

2. Procurement Process
4

On January 9, 2025, DCPL issued a Request for Proposal (RFP) for a Contractor to provide
janitorial and related supplemental services at Martin Luther King, Jr. Memorial Library. On the
same day, the RFP was advertised in the Washington Post and subsequently, DSLBD was notified
about this solicitation.

There were two (3) Amendments issued during the solicitation: Amendment No. 1 issued January
23, 2025, to provide the site visit sign-in sheets and to revise the Form of Offer Letter, Amendment
No. 2 issued on January 30, 2025, to provide responses to vendors’ questions and to extend the
closing date, and Amendment No. 3 issued on January 31, 2025, to provide egress plans and to
extend the closing date to February 7, 2025. On the RFP closing date, February 7, 2025, eleven
(11) proposals were received in response to the solicitation. However, two of the offerors were
deemed non-responsive for failing to use the revised Form of Offer Letter outlined in Amendment
No. 1 and one offeror submitted a late proposal. These three (3) offerors were notified on February
14, 2025 that their proposals were rejected.

Step 1 Evaluations
The remaining eight (8) proposals were distributed to the Technical Evaluation Panel (TEP) for
review. The TEP was instructed to award technical points, as well as points based on price and
Certified Business Enterprise (CBE) status as follows:
x Technical (approach, experience/past performance, personnel, management plan) - up to
80 points
x Price - up to 20 points
x Certified Business Enterprise (CBE) - up to 12 points

The DCPL Office of Procurement received the individual scoresheets from the TEP members on
February 25, 2025. TEP met on March 3, 2025 to discuss their independently evaluated scoring
and to formulate its collective conclusion and decide on final consensus score for each evaluation
factor per technical proposal. The table below summarizes the outcome of the TEP scoring.

OFFEROR TECHN-
ICAL
SCORE
PRICE
SCORE
PREFE-
RENCE
SCORE
TOTAL
SCORE
TRI Consulting, Inc. 76 16 7 99
Community Bridge, Inc. 62 15 12 89
R&R Janitorial, Painting & Building
Services
59 9 12 80
5

One Kare Enterprise, LLC 53 17 9 79
Ballinger Cleaning Services 49 15 12 76
CDA Cleaning Services 46 16 12 74
Be Clean Cleaning Services, LLC 46 16 7 69
District Contractors, LLC 32 20 9 61

The Interim Contracting Officer attended this meetin g as well and conducted her own review of the
proposals on March 18, 2025 and March 19, 2025. She examined the TEP’s individual scoresheets and
evaluations, and she found that they are in line with her Contracting Officer Independent Assessment
(COIA). She concurred with TEP that the top-ranked offeror, TRI Consulting, Inc., met and exceeded
most of the requirements of the RFP. Based on these findings, the Agency determined that the proposed
contract shall be awarded to TRI Consulting, Inc., the highest ranked offeror, whose offer is most
advantageous to the District, based upon the evaluation criteria specified in the solicitation.

3. Legal Review

On April 1, 2025, I received a request for legal sufficiency review and approval for the proposed over-
million dollar contract with a contract amount of one million forty-three thousand five-hundred thirty-
eight dollars and seventy-six cents ($1,043,538.76) with TRI Consulting, Inc. for janitorial and related
supplemental services at Martin Luther King, Jr. Memorial Library, Contract No. DCPL-2025-C-0018.
See Letter to General Counsel (Attachment G). I have reviewed the supporting contract documentation
to support the requested Council approval for the term period from Date of Award through One (1)
Year Thereafter. See Council Summary (Attachment A). In addition, I certify that I have also confirmed
that the proposed firm, TRI Consulting, Inc., does not have any pending litigation with the District of
Columbia. Based on the above, I approve the proposed Council package for legal sufficiency of an
over-million dollar contract with a contract amount of one million forty-three thousand five-hundred
thirty-eight dollars and seventy-six cents ($1,043,538.76) and request that the term of the contract be
approved from Date of Award through One (1) Year Thereafter.

I note that in accordance with D.C. Official Code §2-352.02(a), the Executive Director must submit to
the Council for approval this contract action for over-million dollar and/or multiple years.

If you have any questions, please contact General Counsel J. Kevin McIntyre at (202) 727-1134.

DISTRICT OF COLUMBIA
PUBLIC LIBRARY
Office of the Chief Financial Officer
901 G Street, NW Suite 403 iiWASHINGTON, DC 20001 i (202) 727-1198
MEMORANDUM
TO: Tornia Harrison
Interim Director
DC Public Library Office of Procurement
FROM: Cherylle Pacana
Agency Fiscal Officer
DC Public Library
DATE: March 27, 2025
SUBJECT: FY 2025 and FY 2026 Certification of Funding Availability for $1,043,538.76 to
Support the DC Public Library Contra ct No. DCPL-2025-C-0018, Base Year, for
Janitorial Services at MLKML Library with TRI Consulting, Inc.
The District of Columbia Public Library (DCPL), Office of the Chief Financial Officer (OCFO),
certifies available FY 2025 and FY 2026 funding (subject to budget appropriation and availability)
in the amount of $1,043,538.76 to support the Ba se Year (June 29, 2025 through June 28, 2026)
for Contract No. DCPL-2025-C-0018 for Janitorial and Related Supplemental Services with TRI
Consulting, Inc.
Of this certification for $1,043,538.76:
x $260,884.69 for 3 months in FY 2025 (July to Se ptember), and verification of funding
availability is attached; and
x $782,654.07 for 9 months in FY 2026 and is subject to budget appropriation and
availability.
This contract will exceed $1,000,000 therefore Council approval is required.
If you have any questions regarding this transmittal, please contact me on 727-9114.
Attachments
cc: Richard Reyes-Gavilan, Executive Director
Barbara Jumper, Chief Business Officer, DCPL
Tiffany Alston, Director, Public Services, DCPL
Angelique Hayes Rice, ACFO, Government Operations Cluster (GOC)
Michael Bolden, Financial Manager, GOC
Kevin McIntyre, General Counsel, DCPL

nttt
a

t:
i
______________________________________________________________________________
DC Public Library | 901 G Street, NW – 4th Floor, Washington DC 20001
Telephone (202) 727-1101 | dclibrary.org
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Procurement
MEMORANDUM TO THE FILE
FROM: Tornia Harrison-Samuels
Interim Contracting Officer
SUBJECT: Janitorial and Rela ted Supplemental Services for the MLK Library
(Base Year)
PROPOSED
CONTRACTOR: TRI Consulting, Inc.
Contract No. DCPL-2025-C-0018
DATE: April 28, 2025
Pursuant to Title 19, Section 4375.4 of th e District of Columbia Public Library
Procurement Regulations, the subject proposed contract was transmitted to the Board of
Library Trustees, Contract s Review Committee for revi ew on April 24, 2025, and
approved on April 25, 2025.
s
cer

JANITORIAL AND RELATED SUPPLEMENTAL SERVICES FOR

MARTIN LUTHER KING, JR. MEMORIAL LIBRARY

BY AND BETWEEN

THE DISTRICT OF COLUMBIA PUBLIC LIBRARY

AND

TRI CONSULTING, INC.

CONTRACT NO. DCPL-2025-C-0018

1 | Page

AGREEMENT FOR
JANITORIAL AND RELATED SUPPLEMENTAL SERVICES
FOR THE MARTIN LUTHER KING, JR. MEMORIAL LIBRARY
CONTRACT NO. DCPL-2025-C-0018

THIS AGREEMENT (“Agreement”) is made by and between the DISTRICT OF COLUMBIA
PUBLIC LIBRARY (the “Library” or “DCPL”) and TRI CONSULTING, INC. ( the
“Contractor”), duly organized under the laws of Washington, DC, and with a place of business at
1531 D Street, SE, Washington, DC 20003 and together with the Library, (the “Parties”).

WITNESSETH:

WHEREAS, the Library is an independent agency of the District of Columbia
government;

WHEREAS, the Library issued a Request for Proposals dated January 9, 2025 (the “RFP”)
to engage a Contractor to provide Janitorial and Related Supplemental Services for the Martin
Luther King, Jr. Memorial Library (Exhibit A);

WHEREAS, the Contractor submitted a p roposal entitled “ Janitorial and Related
Supplemental Services for the Martin Luther King, Jr. Memorial Library ” on February 7, 2025
(Exhibit B) in response to the RFP;

WHEREAS, the Library wishes to retain the Contractor to provide the required services;

WHEREAS, the Contractor desires to provide su ch services subject to the terms and
conditions set forth herein.

ARTICLE 1
GENERAL PROVISIONS

Section 1.1 Relationship of Parties. The Contractor accepts the relationship of trust and
confidence established with the Library by this Ag reement, and covenants with the Library to
furnish the Contractor’s reasonable skill and judgment and to cooperate with the Library in
furthering the interests of the Library. The Cont ractor shall use its best efforts to provide the
services in an expeditious and economical manner consistent with the interests of the Library.

Section 1.2 Conformance with Laws. It shall be the responsibility of the Contractor to
perform the Contract in conformance with the Library’s Procurement Regulations (19 DCMR §
4300 et seq.) and all statutes, laws, codes, ordinances, regulations, rules, requirements and orders
of governmental bodies, including, without limitation, the U.S. Government and the District of
Columbia government bearing upon performance of the Contract; and it is the sole responsibility
of the Contractor to determine the Procurement Regulations, statutes, laws, codes, ordinances,
regulations, rules, requirements and orders that apply and their effect on the Con tractor’s
performance of the Contract.
2 | Page

Section 1.3 Warranties and Representations.

Section 1.3.1 All disclosures, representations, warranties, and certifications the
Contractor makes in its Proposal dated February 7, 2025 ( Exhibit B ) in response to the RFP
(Exhibit A) shall remain binding and in effect throughout the term of the Contract. The Contractor
reaffirms that all such disclosures, representatio ns, warranties, and certifications are true and
correct. For the avoidance of doubt, it is understood and agreed that Contractor ’s proposal is
attached for reference purposes only and that such shall be subordinate to the terms set forth in the
main body of this Agreement. In the event there is a conflict between the proposal and the terms
of this Agreement, the terms set forth in the main body of this Agreement shall prevail.

Section 1.3.2 If any disclosure, representation, warr anty or certification the Contractor
has made or makes pursuant to the RFP or th e Contract, including, without limitation,
representations concerning the Contractor ’s experience and qualifica tions, claims or litigation
history or financial condition, are materially inaccura te, that shall constitute a material breach of
the Contract, entitling the Library to all available remedies.

Section 1.4 Responsibility for Agents and Contractors. At all times, the Contractor shall
be responsible to the Library for any and all acts and omissions of the Contractor ’s agents,
employees, Subcontractors, Sub-Subcontractors, mate rial suppliers, and laborers, and the agents
and employees of the Subcontractors, Sub-Subc ontractors, material s uppliers, and laborers
performing or supplying Work in connection with the contract.

Section 1.5 Contracting Officer (CO). Contracts will be entered into and signed on
behalf of the District by the DCPL Contractin g Officer (CO). The contact information for the
Contracting Officer is:

Tornia Harrison-Samuels
Interim Contracting Officer
DCPL Office of Procurement
Martin Luther King Jr. Memorial Library
901 G Street, NW 4th Floor
Washington, DC 20001
Phone: (202) 727-1548
Email: Tornia.harrison1@dc.gov

Section 1.6 Authorized Changes by the CO

Section 1.6.1 The CO is the only person authorized to approve changes in any of the
requirements of this Contract.

Section 1.6.2 The Contractor shall not comply with any order, directive or request that
changes or modifies the requirements of this C ontract, unless issued in writing and signed by the
CO.

3 | Page

Section 1.6.3 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.

Section 1.7 Contract Administrator (CA)

Section 1.7.1 The CA is responsible for general administration of the Contract and advising
the CO as to the Contractor’s compliance or noncompliance with the Contract . The CA has the
responsibility of ensuring the work conforms to th e requirements of the Contract and such other
responsibilities and authorities as may be specified in the Contract. These include:

Section 1.7.1.1 Keeping the CO fully informed of any technical or contractual difficulties
encountered during the performance period and advising the CO of any potential problem areas
under the Contract;

Section 1.7.1.2 Coordinating site entry for Contractor personnel, if applicable;

Section 1.7.1.3 Reviewing invoices for completed work and recommending approval by
the CO if the Contractor’s prices and costs are consistent with the contractual amounts and progress
is satisfactory and commensurate with the rate of expenditure;

Section 1.7.1.4 Reviewing and approving invoices for deliverables to ensure receipt of
goods and services. This includes the timely proc essing of invoices and v ouchers in accordance
with the District’s payment provisions; and

Section 1.7.1.5 Maintaining a file that includes all Contract correspondence, modifications,
records of inspections (site, data, equipment) and invoice or vouchers.

Section 1.7.2 The address and telephone number of the CA is:

Ronald Price
Facilities Manager, MLK
DCPL Office of Facilities Management
901 G Street, NW
Washington, DC 20001
Phone: (202) 741-5806
Email: ronald.price@dc.gov

Section 1.7.3 The CA shall NOT have the authority to:

Section 1.7.3.1 Award, agree to, or sign any Contra ct, delivery order or task order. Only
the CO shall make contractual agreements, commitments or modifications;

Section 1.7.3.2 Grant deviations from or waive any of the terms and conditions of the
Contract;
4 | Page

Section 1.7.3.3 Increase the dollar limit of the Contract or authorize work beyond the dollar
limit of the Contract;

Section 1.7.3.4 Authorize the expenditure of funds by the Contractor;

Section 1.7.3.5 Change the period of performance; or

Section 1.7.3.6 Authorize the use of District p roperty, except as specified under the
Contract.

Section 1.7.3.7 The Contractor will be fully responsible for any changes not authorized in
advance, in writing, by the CO; may be denied compensation or other relief for any additional
work performed that is not so authorized; and may also be required, at no additional cost to the
District, to take all corrective action necessitated by reason of the unauthorized changes.

ARTICLE 2
SCOPE OF WORK

Section 2.1 Services to be Provided by the Contractor. The Contractor shall provide
janitorial and related supplemental services to the Martin Luther King, Jr. Memorial Library in
accordance with RFP No. DCPL-2025-R-0018 issued on January 9, 2025 as amended (Exhibit A)
and the Contractor’s proposal dated February 7, 2025 (Exhibit B).

ARTICLE 3
CONTRACT PRICE

Section 3.1 Compensation. The estimated price for the servi ces outlined in the contract
for the base year is $1,043,538.76 as set forth in the Contractor’s Proposal dated February 7, 2025
incorporated herein as Exhibit B.

Section 3.2 Option Year Pricing. In the event DCPL exercises its option to extend the
Contract to cover an option year, the estimated pri ces applicable to such option year are set forth
in the Contractor's proposal dated February 7, 2025, incorporated herein as Exhibit B. See the
below option year pricing.

Base Year $1,043,538.76
Option Year One $1,074,244.92
Option Year Two $1,105,872.27
Option Year Three $1,138,448.44
Option Year Four $1,172,001.89

5 | Page

ARTICLE 4
CONTRACT TYPE

Section 4.1 This is a firm fixed price contract in accordance with Section B.2 of RFP No.
DCPL-2025-R-0018.

ARTICLE 5
TERM OF CONTRACT

Section 5.1 Base Term . The term of the base year Contra ct shall be from date of award
through one (1) year thereafter.

Section 5.2 Option to Extend the Term of the Contract. The Library shall have the right
to extend the term of this Agreement for four (4) additional one (1) year periods, provided that the
Library give the Contractor preliminary written notice of its intent to exercise the option to extend
the term of the Contract thirty (30) days prior to expiration of the Contract. The preliminary notice
does not commit the Library to an extension. The Contractor may waive the thirty (30) day notice
requirement by providing a written waiver to the CO prior to expiration of the Contract.

Section 5.3 Option Year Pricing. In the event the Library exercises its option to extend
the Contract to cover an option year, the prices applicable to such Option Year are set forth in the
Contractor's Proposal dated February 7, 2025. (Exhibit B)

ARTICLE 6
PAYMENT PROVISIONS

Section 6.1 Payments. The Contractor shall create and submit payment requests in an
electronic format through the DC Vendor Portal, https://vendorportal.dc.gov. In addition, the
Contractor shall also submit a dupl icate copy of the invoice via email to the CA listed in Article
1, Section 1.7.2.

Section 6.1.1 The Contractor shall submit invoices monthly or as otherwise specified in
the contract.

Section 6.1.2 To constitute a proper invoice, the Contractor shall enter all required
information into the Portal after selecting the applicable purchase order number listed on the
Contractor’s profile.

Section 6.1.3 Properly entered invoices into the Vendor Portal will be paid within thirty
(30) days in accordance with the Quick Payment Act, D.C. Official Code §2-221.01 et seq.

Section 6.1.4 If the Contractor has any questions related to the vendor portal registration
process, please contact (202) 741-5200.

6 | Page

ARTICLE 7
INDEMNIFICATION

Section 7.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify
and hold harmless the District of Columbia, the Library and the Library’s consultants agents and
employees from and against claims, damages, loss es and expenses, including but not limited to
attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim,
damage, loss or expense is attributable to bodily in jury, sickness, disease or death, or to injury to
or destruction of tangible property (other than the Wo rk itself), but only to the extent caused by
the negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly
employed by them or anyone for whose acts they may be liable, regardless of whether or not such
claim, damage, loss or expense is caused in part by a party indemnified hereunder.

ARTICLE 8
CHANGES CLAUSE

Section 8.1 Changes Authorized. The Library may, without invalidating the Contract, and
without notice to or approval of any surety, ord er changes in the Work, including additions,
deletions or modifications. Any such change mu st be conveyed by the Library to the Contractor
via written Change Directive or Change Order.

Section 8.2 Executed Change Direct ive/Change Order Required. Only a written
Change Directive or Change Order, executed by th e Library, may make changes to the Contract.
In particular, but without limitation, a written Change Directive or Change Order executed by the
Library is the only means by which changes may be made to the Contract.

Section 8.3 Library-Initiated Changes. If the Library wishes to make a change to the
Contract, it will execute and issue to the Contract or a written Change Directive, either directing
the Contractor to proceed at once with the change d work or directing it to not to proceed, but to
inform the Library, in writing, of the amount, if a ny, by which the Contractor believes that the
Contract should be adjusted to take the Change Order or Change Directive into account.

Section 8.4 Notice of Change Event. The Contractor must give the Library written notice
of any Change Event within ten (10) calendar days of the date on which the Contractor knew, or
reasonably should have known, of the Change Event. To the extent available, the notice must state
the nature of the Change Event a nd describe, generally, all changes in the Contract to which the
Contractor believes it is entitl ed. Such notice is an express c ondition precedent to any claim or
request for adjustment to the Contract arising from the Change Event and, if the notice is not given
within the required time, the Contractor will ha ve waived the right to any adjustment to the
Contract arising from the Change Event.

Section 8.5 Detailed Change Request. Within twenty calendar (20) days after giving
notice of a Change Event, the Contractor shall submit a written change request describing, in
reasonable detail, all adjustments it seeks to the C ontract as a result of the Change Event. The
change request shall include the same information as described in Section 8.3 with respect to any
7 | Page

Contract changes the Contractor seeks due to the Change Event, and the amount of any requested
adjustment to the Contract price shall be limited in accordance with that Subsection.

ARTICLE 9
INSURANCE

Section 9.1 The Contractor shall procure and maintain, during the entire period of
performance under this Contract, the types of insurance specified below.

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

The Government of the District of Columbia shal l 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 i nsurance) 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 with out 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 unde r 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 main tain 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.
8 | Page

(“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 c overage for liability arising out of an Insured Contract
(including the tort liability of another assumed in a contract) and acts of terrorism (whether
caused by a foreign or domestic source). Such coverage shall have limits of liability of not
less than $1,000,000 each occurrence, a $2,000,000 general aggregate.

The Commercial General Liability shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage using ISO
form CG 2015 0413 (or its equivalent) to The Government of the District of Columbia
b) Coverage available to the additional in sureds 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 pe r 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 li ability 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, hi red, borrowed and non-owned vehicles and
equipment used by the Contractor in connecti on 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 Cont ractor shall provide auto physical damage
insurance to cover "loss" to a covered "auto" or its equipment:
a) Comprehensive - Fire, lightning or explosi on; theft; windstorm, hail or earthquake;
flood; mischief or vandalism; or the si nking, 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, provi de additional insured coverage to The
Government of the District of Columbia
b) Coverage available to the additional in sureds 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
9 | Page

e) If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened Coverage
for Covered Autos - Business Auto, Motor Carrier and Truckers (or its equivalent)

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

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

The Workers Compensation and Employers Liability shall be further endorsed to:
a) Include a Waiver of Subrogation in fa vor 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. Technology Liability, Media Liabi lity and Network Security/P rivacy (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
$1,000,000 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 pa yment 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 pri vacy, 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 c overage 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, no tification costs, credit monitoring costs,
and costs to operate a call center. The Cont ractor 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. 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 $5,000,000 per occurrence and $5,000,000 in the annual aggregate, following the
form and in excess of all liability policies. All liability coverage must be scheduled under
the umbrella and/or excess policy. The insura nce required under this paragraph shall be
written in a form that annually reinstates all required limits. Coverage shall be primary to
10 | Page

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.

6. Environmental Liability/Contractors Pollution Li ability 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 da maged 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 neit her an exclusion nor a sublimit for mold or
fungus-related claims. The minimum limits required under this paragraph shall $1,000,000
per occurrence and $2,000,000 in the annual aggr egate. If such coverage is written on a
claims-made basis, the Contractor warrants th at 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.

7. Sexual/Physical Abuse & Molestation - The Contractor shall provide evidence satisfactory
to the CO with respect to the service s performed that carries $1,000,000 per occurrence
limits; $2,000,000 aggregate of affirmative abus e and molestation liability coverage.
Coverage should include physical abuse, su ch as sexual or other bodily harm and non-
physical abuse, such as verbal, emotional or mental abuse; any actual, threatened or alleged
act; errors, omission or misconduct. This insurance requirement will be considered met if
the general liability insurance includes an affirmative sexual abuse and molestation
endorsement for the required amounts or through a separate standalone sexual abuse and
molestation policy with confirmation there are no exclusions for abuse or assault & battery
under the General Liability. So called “sil ent” coverage or “shared” limits under a
commercial general liability or professional liability policy will not be acceptable. Limits
may not be shared with other lines of cove rage. The applicable policy may need to be
submitted to the ORM for compliance review.

C. SUBCONTRACTOR INSURANCE REQUIREMENTS. Any and all subcontractors engaged
by Contractor for work under this agreement sh all be required to have the same insured
required of Contractor. Should the Contra ctor wish to propose different insurance
11 | Page

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 In surance Requirement Template provided to the
Office of Risk Management (ORM). ORM w ill determine the in surance requirements
applicable to the subcontractor and promptly de liver such requirements in writing to the
Contractor. In either instance, the Contractor must provide proof of the subcontractor's required
insurance prior to commencement of work by the subcontractor.

D. PRIMARY AND NONCONTRIBUTORY INSURANCE. The insurance required herein shall
be primary to and will not seek contribution fr om 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 requ ired insurance until all contract work is
accepted by The Government of the District of Colu mbia 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. Howe ver, 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. The 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 m achinery, 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 mate rial 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. The Contra ctor must comply, at your expense, and deliver to the CO
evidence of compliance before the change becomes effective.

J. CERTIFICATES OF INSURANCE. The Contract or must send to CO, at least 10 days after
execution of this Agreement, certificates of insurance evidencing the required insurance
12 | Page

coverage and endorsements required herein. The Contractor must also provide us with
evidence of renewal before the expiration date of each insurance policy. The 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 cove rage, or otherwise altered. Certificates of
insurance must reference the corresponding contract number. Evidence of insurance shall be
submitted to the Contracting Officer via email at Tornia.harrison1@dc.gov.

The CO may request, and the Contractor shal l promptly deliver updated certificates of
insurance, endorsements indicating the required coverages, and/or cert ified copies of the
insurance policies. If the insurance initiall y 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 na med 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 s hould collect, review for accuracy, and maintain
all warranties for goods and services.

ARTICLE 10
ALTERNATIVE DISPUTE RESOLUTION

Section 10.1 Notice of Claim. If the Contractor has complied with all provisions in Article
8 regarding changes, and the Library has denied the changes requested in a written Change
Proposal, or has failed to respond to a written Ch ange Proposal within thirty (30) days, and the
Contractor wishes to pursue a claim over the disputed item, or if the Contractor wishes to assert a
claim over a Contract dispute not arising from matters related to a Change Event, Change Order
or Change Directive, then the written notice of claim must be submitted to the Library pursuant to
procedures set forth in Section 4381 of the Library's procurement rules.

Section 10.2 Contents of Notice of Contractor’s Claim. The notice of claim shall state
the nature of the claim, the events or circumstances giving rise to the claim, the type of relief
13 | Page

requested, and the amount of time or additional compensation, or other damages sought. If the
amount of time, compensation, or other damages sought is not reasonably ascertainable at the time,
the Contractor shall so state, explain why, and provide whatever estimates it can reasonably
provide. The notice shall state clearly that the C ontractor intends to assert a claim against the
Library.

Section 10.3 Appeal Procedures. All claims arising under or in connection with the
Agreement or its breach, or relating to the Project, wh ether framed in Contract, tort or otherwise,
and which are not resolved via the claims process may be resolved by filing an appeal with the
District of Columbia Board of Contract Appeal s in accordance with Titl e X of the Procurement
Practices Reform Act (PPRA) 2010. However, if a third party brings any claim against the Library,
including, without limitation, claims of infringeme nt of patents, copyrights or other intellectual
property rights, the Library may bring an action for defense or indemnification against the
Contractor in the court in which such claim is being litigated.

ARTICLE 11
MISCELLANEOUS PROVISIONS

Section 11.1 Extent of Contract. The Contract, which includes this Agreement and the
other documents incorporated herein by reference, including, but not limited to the Exhibits
attached hereto, represents the entire and integrated agreement between the Library and the
Contractor and supersedes all pri or negotiations representations or agreements, either written or
oral. The Contract may be amended only by wr itten instrument signed by both the Library and
Contractor. If anything in any document incorporated into this Agreement is inconsistent with this
Agreement, this Agreement shall govern.

Section 11.2 Governing Law. The terms and conditions of this Agreement and any other
related agreements signed by the parties shall be governed by the laws of the District of Columbia.
The District of Columbia shall be the designate d jurisdiction and venue for the resolution of any
disputes that may arise under this Agreement.

Section 11.3 Service Contract Act. The Contractor agrees that the work performed under
this contract is subject to the Service Contract Act and current District Living Wage, as amended.

Section 11.4 False Claims Act. The Contractor shall be governed by all laws and
regulations prohibiting false or fraudulent stat ements and claims made to the government,
including the prescriptions set forth in District of Columbia Code § 2-381.02.

Section 11.5 No Third-Party Beneficiary Rights. Nothing in this Agreement shall be
construed as creating third-party beneficiary righ ts in any person or entity, except as otherwise
expressly provided in this Agreement.

Section 11.6 Binding Effect; Assignment. The Contract shall inure to the benefit of, and
be binding upon and enforceable by, the Parties and their respective successors and permitted
assigns. The Contractor shall not assign its rights under the Contract, including the right to all or
14 | Page

a portion of its compensation, without the Library' s prior written consent. Any delegation or
assignment made contrary to the provisions of this Section shall be null and void.

Section 11.7 Survival. All agreements warranties, and re presentations of the Contractor
contained in the Contract or in any certificate or document furnished pursuant to the Contract shall
survive termination or expiration of the Contract.

Section 11.8 No Waiver. If the Library waives any power, right, or remedy arising from
the Contract or any applicable law, the waiver shal l not be deemed to be a waiver of the power,
right, or remedy on the later recurrence of any similar events. No act, delay, or course of conduct
by the Library shall be deemed to constitute the Library's waiver, which may be effected only by
an express written waiver signed by the Library.

Section 11.9 Remedies Cumulative. Unless specifically provided to the contrary in the
Contract, all remedies set forth in the Contract are cumulative and not exclusive of any other
remedy the Library may have, including, without li mitation, at law or in equity. The Library's
rights and remedies will be exercised at its sole discretion, and shall not be regarded as conferring
any obligation on the Library's to exercise those rights or remedies for the benefit of the Contractor
or any other person or entity.

Section 11.10 Entire Agreement; Modification. The Contract supersedes all
contemporaneous or prior negotia tions, representations, course of dealing, or agreements, either
written or oral. No modifications to the Contract shall be effective unless made in writing signed
by both the Library and the Contractor, unless otherwise expressly provided to the contrary in the
Contract.

Section 11.11 Severability. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, il legal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision of this agreement,
and in lieu of each such invalid, illegal or unenforceable provision, th ere shall be added
automatically as a part of this Agreement a provision as similar in terms to such invalid, illegal or
unenforceable provision as may be po ssible and be valid, legal and enforceable; each part of this
Agreement is intended to be severable.

Section 11.12 Anti-Deficiency Act . The Library's obligations and responsibilities under
the terms of the Contract and the Contract Documents are and shall remain subject to the provisions
of (i) the federal Anti-Deficiency Act, 31 U.S.C. §§1341, 1342, 1349, 1350, 1351, (ii) the D.C.
Code 47-105, (iii) the District of Columbia Anti-Deficiency Act, D.C. Code §§ 47-355.01 - 355.08,
as the foregoing statutes may be amended from ti me to time, and (iv) Section 446 of the District
of Columbia Home Rule Act. Neither the Cont ract nor any of the Contract Documents shall
constitute an indebtedness of the Library, nor shall it constitute an obligation for which the Library
is obligated to levy or pledge any form of taxation, or for which the Library 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 UNDER THE CONTRACT OR CONTRACT
15 | Page

DOCUMENTS UNLESS SUCH AMOUNT HA S BEEN APPROVED, IS LAWFULLY
AVAILABLE AND APPROPRIATED BY ACT OF CONGRESS.

Section 11.13 Termination for Default. The Library may terminate the Contract for
default in accordance with Section 4372 of the Library’s procurement regulations if the Contractor
fails materially to perform any of its duties or obligations under th e Contract. The Library must
provide the Contractor with written notice of its intent to terminate th e Contract under this
provision before actually putting the termination in to effect. If the Contractor has begun its
curative action and has made progress satisfactory to the Library, the Library may so notify the
Contractor and the termination will not take effect. Otherwise, the termination shall take effect by
written notice to the Contractor.

Section 11.14 Termination for Convenience. The Library may, by written notice to the
Contractor, terminate the Contract in whole or specified part, for its convenience, whether the
Contractor is in breach of Contract or not. The notice of termination shall state the effective date
of termination, the extent of the ter mination, and any specific inst ructions. The Contractor shall
be entitled to receive only the following with respect to the terminated portion of the Contract; (1)
Cost of Work performed up to the date of termi nation; (2) reasonable costs of terminating
outstanding subcontracts and supply agreements and other similar wind-up costs in a reasonable
amount; (3) a fair and reasonable portion of the overhead and profit attributable to the Work
performed on the terminated portion of the Project, up to the time of termination. In the event of
a termination for convenience, the Contractor sh all not be entitled to profit on unperformed
elements of the Work.

Section 11.15 Anti-Competitive Practices and Anti-Kickback Provisions.

Section 11.15.1 The Contractor recognizes the need for markets to operate competitively
and shall observe and shall comply with all applicable law, rules, and regulations prohibiting anti-
competitive practices. The Contractor shall not engage, directly or indirectly, in collusion or other
anti-competitive practices that reduces or elimina tes competition or restrains trade. The Library
shall report to the appropriate authority any activity that evidences a violation of the antitrust laws,
and take such other further action to which it is entitled or obligated under the law.

Section 11.15.2 The Contractor shall observe and comply with all applicable law, rules,
and regulations prohibiting kickbacks and, without limiting the foregoing, the Contractor shall not
(i) provide or attempt to provide or offer to provide any kickback; (ii) solicit, accept, or attempt to
accept any kickback; or (iii) include, directly or indirectly, the amount of any kickback in the
Contract price charged by the Contractor or a Subcontractor of the Contractor to the Library. The
Contractor shall have in place and follow reasona ble procedures designed to prevent and detect
possible violations described in this subsec tion in its own operations and direct business
relationships. The Library may take any recourse available to it under the law for violations of this
anti-kickback provision.

Section 11.15.3 The Contractor represents and warrants that it did not, directly or
indirectly, engage in any collusive or other anti -competitive behavior in connection with the bid,
negotiation or award of the Contract.
16 | Page

Section 11.16 Ethical Standards for the Library’s Employees and Former Employees

Section 11.16.1 The Library expects the Contractor to observe the highest ethical standards
and to comply with all applicable law, rules, and regulations governing ethical conduct or conflicts
of interest. Neither the Contractor, nor any person associated with the Contractor, shall provide (or
seek reimbursement for) any gift, gratuity, favor, entertainment, loan or other thing of value to any
employee of the District or the Library not in conformity with applicable law, rules or regulations.
The Contractor shall not engage the services of any person or persons in the employment of the
Library or the District for any Work required, contemplated or performed under the Contract. The
Contractor may not assign to any former Library or District employee or agent who has joined the
Contractor’s firm any matter on which the former employee, while in the employ of the Library,
had material or substantial involvement in the matt er. The Contractor may request a waiver to
permit the assignment of such matters to former Li brary personnel on a case-by-case basis. The
Contractor shall include in every subcontract a pr ovision substantially similar to this section so
that such provisions shall be binding upon each Subcontractor or vendor.

Section 11.17 Gratuities and Officers not to Benefit Provisions

Section 11.17.1 If it is found, after notice and hearing, by the Library that gratuities (in the
form of entertainment, gifts, payment, offers of employment or otherwise) were offered or given
by the Contractor, or any agent or representative of the Contractor, to any official, employee or
agent of the Library or the District with a view toward securing the Contract or any other Contract
or securing favorable treatment with respect to the awarding or amending, or the making of any
determinations with respect to the performance of the Contract, the Library may, by written notice
to the Contractor, terminate the right of the C ontractor to proceed under the Contract and may
pursue such other rights and remedies provided by law and under the Contract.

Section 11.17.2 In the event the Contract is terminated as provided in Section 11.17.1, the
Library shall be entitled:

Section 11.17.2.1 to pursue the same remedies against the Contractor as it could pursue in
the event of a breach of the Contract by the Contractor; and

Section 11.17.2.2 as a penalty in addition to any other damages to which it may be entitled
by law, to exemplary damages in an amount (as determined by the Library) which shall be not less
than ten times the costs incurred by the Contract or in providing any such gratuities to any such
officer or employee.

Section 11.17.3 No member of, nor delegate to Congress, Mayor or City Council Member,
nor officer nor employee of the District, nor officer nor employee of the Library shall be admitted
to any share or part of the Contract or to any benefit that may arise therefrom, and all agreements
entered into by the authorized representative of the Library in which he or any officer or employee
of the Library shall be personally interested as well as all agreements made by the Library in which
the Mayor or City Council Member or officer or employee of the District shall be personally
interested shall be void and no payments shall be made on any such contracts by the Library or by
17 | Page

any officer thereof; but this provision shall not be construed or extend to the agreement if the share
of or benefit to the member of, or delegate to Congress, Mayor or City Council Member, or officer
or employee of the District is de minimus.

Section 11.18 Force Majeure

Section 11.18.1 If the Contractor, because of Force Majeure, is rendered wholly or partly
unable to perform its obligations under this contract by reason of Acts of God, strikes (other than
strikes involving the affected Party’s labor force), equipment or transmission fa ilure or damage
reasonably beyond its control, and/or a pandemic (“ Force Majeure ”), when due under this
Contract, the Contractor may be excused from whatever performance is affected by the Force
Majeure to the extent so affected. In order to be excused from its performance obligations under
this Contract by reason of Force Majeure, within seventy-two (72) hours of the occurrence or
event, the Contractor must provide the Contracting Officer written notice of its inability to perform
as well as a description of the force majeure a nd its effect on Contract performance. The
Contracting Officer will have the right to cause the inspection of the work site to determine the
validity of the Contractor’s assertion of its inability to perform. If the Contracting Officer agrees
that the Contractor is wholly or partly unable to perform its obligations under the Contract a
decision will be issued indicat ing the extent to which the Contractor is excused from its
performance obligations. In no event will the C ontractor be entitled to money damages from the
Government due to force majeure.

Section 11.19 Covenant Against Contingent Fees Provisions

Section 11.19.1 The Contractor warrants that no pe rson or selling agency has been
employed or retained to solicit or secure the Contract upon an agreement or understanding for a
Commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bonafide
established commercial or selling agencies main tained by the Contractor for the purpose of
securing business. For breach or violation of this warranty, the Library shall have the right to
terminate the Contract without liab ility or in its discretion to dedu ct from the Contract price or
consideration, or otherwise recover, the full amount of the Library, percentage, brokerage of
contingent fee.

Section 11.20 Independent Contractor. In carrying out all its obligations under the
Agreement, the Contractor shall be acting as an independent c ontractor, and not as an employee
or agent of the Library, or joint venture or partner with the Library. The Contractor shall have
exclusive authority to manage, direct, and cont rol the Work, and shall be responsible for all
methods, techniques, sequences, and procedures.

Section 11.21 Notices. All notices, requests, demands, offers and other written
communications given or delivered under or by re ason of the provisions of this Agreement shall
be in writing, shall be signed by the party giving such notice, shall be addressed as provided herein
and shall be given by registered mail, postage prepaid and return receipt requested, by delivery by
hand or by nationally recognized air courier service, to:

18 | Page
If to the Contractor: If to the Library:
Brahim Zahar Tornia Harrison-Samuels
VP of Operations Interim Contracting Officer
TRI Consulting, Inc. DC Public Library
1531 D Street, SE 901 G Street, NW - Room 403-H
Washington, DC 20003 Washington, DC 20001
Phone : (202) 527-5715 Phone: (202) 727-1548
Email: bzahar@triconsulting-us.com Email: tornia.harrison1@dc.gov
ARTICLE 12
ORDER OF PRECEDENCE
Section 12.1 A conflict in language shall be resolved by giving precedence to the document
in the highest order of priority that contains la nguage addressing the issue in question. The
following documents are incorporated into the c ontract by reference and made a part of the
Contract in the following order of precedence:
1. An applicable Court Order, if any
2. This contract document
3. Government of the District of Columbia Public Library Standard Contract Provisions
for Supply, Service, Architect/Engineer and Construction Solicitations and Contracts
dated October 2009 (Attachment J.1 of RFP No. DCPL-2025-R-0018 as amended).
4. Contract attachments other than the DCPL Standard Contract Provisions
5. RFP No. DCPL-2025-R-0018 as amended – Exhibit A
6. Contractor's Proposal dated February 7, 2025 – Exhibit B
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written
below.
DC PUBLIC LIBRARY, an
Agency within the Executive Branch of the
Government of the District of Columbia
By:________________________
Name: Tornia Harrison-Samuels
Title: Contracting Officer
Date:_______________________
TRI CONSULTING, INC.
By:________________________
Name: __%UDKLP=DKDU______
Its:__93RI2SHUDWLRQV________
Date:_0DUFKWK________
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