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MURIELBOWSERMAYOR
May6,2025
Honorable PhilMendelson
Chairman
CounciloftheDistrictofColumbia
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 section202ofthe Procurement PracticesReform Actof 2010 (D.C.OfficialCode §
2-352.02),enclosedforconsiderationand approvalby theCouncil ofthe DistrictofColumbia is
proposed definitiveContract No. DCAM-24-CS-IFB-0007 with Fort Myer Construction
Corporationinthe not-to-exceedamount of $31,222,17158.The periodof performanceisfrom.
January8,2025, throughApril3,2026.
Undertheproposedcontract,FortMyerConstructionCorporationwillprovideconstruction
servicesfortheHillEastPhaseII72 InchSewerRelocationProjectandInfrastructure
ImprovementsProject.Theproposedworkwillreroutetheexisting72-inchsewerlineandtie
backintotheexisting72-inchseweratMassachusettsAvenueSE,Washington,DC20003.
My administrationisavailabletodiscussanyquestionsyoumay haveregardingtheproposed
contract,In orderto facilitatea responseto any questionsyou may have, pleasecontactDelano
Hunter,Director,DGS, or have yourstaffcontactEricNjonjo,Acting ChiefProcurementOfficer,
DGS, at(202)727-2800.
Tlook forwardtotheCouncil’sfavorableconsiderationofthis contract.
Sincerely,
Mufiel BoXser
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-0007
Contractor: Fort Myer Construction Corporation
Proposed Contract Amount: Not-to-exceed (“NTE”) amount of $31,222,171.58
Unit and Method of Compensation: Progress payments based on Fixed Unit Prices
Term of Contract: 450 calendar days from the date of the Contracting
Officer’s execution of the Notice to Proceed and
Letter Contract (January 8, 2025, through April 3,
2026)
Type of Contract: Fixed Unit Prices 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 8, 2025.
(D) The number of times the letter contract has been extended:
The Letter Contract has been extended two times:
2
1. Modification 1 to the Letter Contract extended the duration of the Letter Contract to April
30, 2025.
2. Modification 2 to the Letter Contract extended the duration of the Letter Contract to May
31, 2025.
(E) The value of the goods and services provided to date under the letter contract, including
under each extension of the letter contract:
The total value of the goods and services provided to date under the Letter C ontract is $950,000,
which represents the not-to-exceed amount established by the Letter Contract.
(F) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:
If approved, Contract No. DCAM-24-CS-IFB-0007 (the “Contract”), between the Department of
General Services (“DGS” or the “Department”) and Fort Myer Construction Corporation (the
“Contractor”) will require the Contractor to perform, at a minimum, the removal, demolition and
restoration of existing pavement, relocation of the 72 i nch sewer line with installation of 78 inch
HOBAS SN72 pipes, f urnish and i nstallation of 18 i nch, 21 i nch, and 24 inch HDPE pipes,
installation of seven cast in place drainage structures, installation of temporary support of
excavation, trench excavation and backfill, excavation and embankment fill to existing grade,
relocation of dry utility lines, temporary and permanent stabilization and erosion & sediment
control measures. The scope also includes maintenance of traffic, vehicular and pedestrian access
to St. Coletta of Greater Washington located at 1901 Independence Ave., SE, Washington, DC
20003 and the District De partment of Corrections located at Massachusetts Ave., SW, and 1901
D St., SE, Washington, DC 20003.
On March 26, 2024, the Department issued an Invitation for Bids (“IFB”) to engage a contractor
for the Project. On the bid due date, May 31, 2024, two 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 plus Allowances to complete the Project. 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 Anchor Construction
Corporation (“Anchor”).
After the bid opening, a comprehensive review of the bid submitted by Anchor determined the bid
was non-responsive. This determination was made based on the fact that the Contractor did not
meet the Special Standards of Responsibility, the bid contained unrealistic unit prices, and the bid
did not include a compliant SBE Subcontracting Plan.
The bid submitted by the Contractor contained all required documents including responses to the
Special Standards of Responsibility. Having met both the Standards of Responsibility described in
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27 DCMR § 4706 and the Special Standards of Responsibility provided in the IFB, the Contracting
Officer, by written determination, found the Bidder responsible.
Pursuant to the IFB, having found the Contractor to be responsive and responsible bidder who has
the lowest evaluated price, the Contracting Officer, by award memorandum executed on July 30,
2024, concluded that it was advantageous to award Contract No. DCAM -21-CS-IFB-0007 to the
Contractor.
(G) 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.
(H) The background and qualifications of the proposed c ontractor, 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:
For nearly 50 years, the Contractor has served the infrastructure needs of the District of Columbia,
Maryland, and Virginia. The Contractor has received a number of awards for its infrastructure
work throughout the District, Maryland, and Virginia and has completed notable projects such as
the widening of Route 1 in Prince William County, the reconstruction of the intersection of MD
97 at Randolph Road in Montgomery County, construction of the District’s fiber optic network ,
and the 31st Street Bridge. The Contractor reports over 900 employees and a fleet of over 1,100
modern vehicles. As previously stated, having met both the Standards of Responsibility described
in 27 DCMR § 4706 and the Special Standards of Responsibility provided in the IFB, the Bidder
has been determined responsible.
(I) 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:
LZXM01976102026). The Contractor submitted a subcontracting plan that meets the minimum
requirements of the Act.
Total Contract Amount: $31,222,171.58
Fort Myer Self-Perform: $27,506,733.16
4
Amount Available to Subcontract: $3,715,438.42
Total CBE/SBE Subcontracted Amount: $3,715,000.00
Percentage of Amount Available
To Subcontract: 99.98%
(J) 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 450
days from the effective date of the Notice to Proceed or April 3, 2026. The Contractor is subject
to liquidated damages of $5,000 per workday of delay for failure to timely complete the work for
the Project. Additionally, the Department may also withhold payments to the Contractor based on
defects in any application for payment or performance on the Project.
In general, the Contractor must perform the requirements contained in the Contract and meet or
exceed the performance standards therein . The Contractor’s performance will be monitored by
DGS staff and DGS’ designated Program Manager.
(K) 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 8, 2025, provides for a not-to-exceed
amount of $950,000, representing the total expenditure of funds authorized to date.
(L) 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.
(M) 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.
(N) 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
5
the District recovers any outstanding debt as provided under D.C. Official Code § 2-
353.01(b):
The Citywide Clean Hands database indicates that the Contractor is in compliance with the
Government of the District of Columbia tax laws and regulations. The applicable Clean Hands
certification for the Contractor accompanies this Council Package.
(O) 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.
(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.:
According to the DSLBD website, the Contractor is a certified Local, and Long Time Resident
Owned Business Enterprise and a Local Manufacturing Business Enterprise located in
Development Enterprise Zone. The Contractor’s CBE Number is LZXM01976102026, with an
expiration date of October 17, 2026.
(Q) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
N/A
(R) A statement indicating whether the proposed contractor is currently debarred from
providing services or goods to the District or federal government, the dates of the debarment,
and the reasons for debarment:
The Contractor is not debarred from providing services to the Government of the District of
Columbia or the Federal Government according to the Office of Contracts & Procurement’s
Excluded Parties List and the Federal Government’s Excluded Parties List.
(S) Any determination and findings issues relating to the contract’s formation, including any
determination and findings made under D.C. Official Code § 2-352.05 (privatization
contracts):
None
(T) 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.
6
(U) 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 at
https://dgs.dc.gov/event/dcam-24-cs-ifb-0007-hill-east-phase-ii-redevelopment-%E2%80%93-
72-inch-sewer-relocation-and-0
(V) (1) A certification that the proposed contractor has been determined not to be in violation of
section 334a of the Board of Ethics and Government Accountability Establishment and
Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a;
and (2) A certification from the proposed contractor that it currently is not and will not be
in violation of section 334a of the Board of Ethics and Government Accountability
Establishment and Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official
Code § 1-1163.34a:
Based upon a certification from the Contractor, the Contractor has been determined not to be in
violation of D.C. Official Code § 1-1163.34a; and will not be in violation of D.C. Official Code §
1-1163.34a.
1101 4th Street, SW
Washington, DC 20024
Date of Notice: March 23, 2025 L0013985384Notice Number:
FEIN: **-***6585
Case ID: 18482991
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
FORT MYER CONSTRUCTION CORPORATION
2237 33RD ST NE
WASHINGTON DC 20018-1505
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
Reference: Hill East Phase II 72 Inch Sewer Relocation and Infrastructure Improvements
Project
Date: March 24, 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 infrastructure improvements for Hill East
Phase II 72 Inch Sewer Relocation and Infrastructure Improvements Project (DCAM-24-CS-IFB-
0007) with Fort Myer Construction Corporation in the amount of $31,222,171.58 is consistent
with the Department’s current budget and adequate funds are available in the budget for “capital
eligible” expenditures.
Per Contracts and Procurement (C&P), the Department of General Services (DGS-
Implementing)/Office of the Deputy Mayor for Planning and Economic Development ( DMPED-
Owner) issued a letter contract in the amount of $950,000.00. The letter contract was funded under
PO720754. The Department is now seeking approval to increase the contract amount by
$30,272,171.58 to $31,222,171.58 ($950,000.00 + $30,272,171.58).
The Department of General Services (DGS – Seller Agency) has $31,222,171.58 in capital inter
agency funds from the Deputy Mayor for Planning & Economic Development (DMPED – 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.EB422C.HILL EAST
1
300192 3030300 N/A AM0 EB0 PO720754 $950,000
EB0.EB422C.HILL EAST
1
300192 3030300 N/A AM0 EB0 RK299567
$30,272,171.58
TOTAL - $31,222,171.58
Fiscal Sufficiency Review
Hill East Phase II 72 Inch Sewer Relocation and Infrastructure Improvements Project
Contract No: DCAM-24-CS-IFB-0007
2000 14th St. NW, 8th Floor, Washington DC 20009 | Telephone (202) 727-2800 | Fax (202) 727-7283
Antoinette Hudson-Beckham
Agency Fiscal Officer
for AHB
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 Hill East Phase II 72 Inch Sewer
Relocation and Infrastructure Improvements Project
Contract Number: DCAM-24-CS-IFB-0007
Contractor: Fort Myer Construction Corporation
DATE: May 1, 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
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January 6, 2025
Sent via email to Sam Patelspatel@fortmyer.comand Sharon Alukonis salukonis@fortmyer.com
Sam Patel
Vice President - Estimating & Project Delivery
Fort Myer Construction Corporation
2237 33rd Street NE
Washington, DC | 20018
Reference: Invitation for Bid No. DCAM-24-CS-IFB-0007 (“IFB”) – Hill East Phase II 72 Inch Sewer
Relocation and Infrastructure Improvements Project
Subject: Notice to Proceed and Letter Contract
Dear Mr. Patel:
We refer to the bid submitted by Fort Myer Construction Corporation (the “Contractor” or “FMCC”)
in response to the above referenced IFB. As noted in the Department’s Notice of Award, FMCC has
been selected to perform the required services and if this Letter Contract (“Letter Contract”) is
signed by the Contractor without modification of any kind, it will serve as the notice to proceed for
the work described below. This notice to proceed is subject to the following terms:
1. Letter Contract. This is a Letter Contract between the Contractor and the District of Columbia
Government, acting by and through its Department of General Services(“DGS”or the “Department”),
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- 0007, as amended, including the Hill East Phase
II 72” Sewer Relocation and Infrastructure Improvements Project Specific Attachments
(Attachments J.1.1 – J.1.9) and the District of Columbia Standard Contract Provisions General
Provisions (Construction Contracts) (Exhibit 1) (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 authori zed Contracting Officer, this Letter Contract shall
automatically be incorporated in to 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
construction of the Hill East Phase II 72 Inch Sewer Relocation Project and Infrastructure
Improvements (Project) in accordance with IFB DCAM-24-CS-IFB-0007, Section C, the Released
for Construction Contract Plans 72” Sewer Relocation (Attachment J.1.1 ), DDOT Standard
Specifications for Highways and Structures, 2013 (Gold Book) (Attachment J.1.2), DDOT Standard
Drawings -2015 (Attachment J.1.3), DC Water Standard Specification (Attachment J.1.4), Project
Special Provisions ( Attachment J.1.5 ) and other associated attachments listed in Section J.1 Hill
East Phase II 72” Sewer Relocation and Infrastructure Improvements Project Specific Attachments.
Specifically, FMCC 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 id entified 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 e ffective on the date the Letter Contract is
executed by the Department. This Letter Contract, on the earlier to occur of the following, will
either: (i) terminate on March 8, 2025; or (ii) automatically be incorporated into and shall
merge into and be superseded by the Definitiv e 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 Standa rd Contract Provisions General Provisions
(Construction Contracts) (Exhibit 1).
7. Key Personnel. To carry out its duties, th e Contractor shall provide at least the key
personnel identified in Exhibit 3 (“Key Personnel”), who shal l 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 specifications ; (vii) punchlist; and (viii) other Project
Documents as may be designated by the Depar tment. The Contractor also shall require all
subcontractors and subconsultants to utilize ProjectTeam for the Project execution.
Electronic storage and transmission of information via ProjectTeam system shall be compliant
with the provisions of the Document Security section of these General Requirements.
9. Ownership and Use of Documents. All documents and work products prepared by the
Contractor shall become the property of the Department upon the payment of invoices submitted
under the Letter Contract.
10. Compliance. This authorization to proceed includes appropriate provisions relating to
compliance documents (First Source 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 require ments 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 July 3, 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 tha t 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 can be
accessed at DCAM-24-CS-IFB-0007 NTP Letter Contract Exhibits
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 FORT MYER CONSTRUCTION
CORPORATION
By: ____________________
Name: __________________
Title: ___________________
By: ____________________
Name: James H. Marshall
Title: Contracting
Officer
Date: 1/8/2025 Date: __________
Vice President
Sam Patel
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 8, 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 8, 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
Fort Myer Construction Corporation
2237 33rd 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) 3/7/2025
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,
Contracts and Procurement Division
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-24-CS-IFB-0007 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
Hill East Phase II 72 Inch Sewer
Relocation and Infrastructure
Improvements
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-0007 is hereby modified as described below.
10A. Modification of Contract/Order No.Washington, DC 20018
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-0007X
1
(Continuation)
Contract Number Page of Pages
DCAM-24-CS-IFB-0007 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 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 8, 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
Fort Myer Construction Corporation
2237 33rd 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) 4/14/2025
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,
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-24-CS-IFB-0007 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
Hill East Phase II 72 Inch Sewer
Relocation and Infrastructure
Improvements
2. Modification Number
3924 Minnesota Avenue NE 5th Floor
4. Terms & Conditions. All other terms and conditions remain unchanged.
Letter Contract DCAM-24-CS-IFB-0007 is hereby modified as described below.
10A. Modification of Contract/Order No.Washington, DC 20018
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-0007X
1
Contracts and Procurement Division Capital Construction Division
(Continuation)
Contract Number Page of Pages
DCAM-24-CS-IFB-0007 2 of 2
5. Letter Contract Recap:
Letter Contract Executed $950,000
Modification No. 1 $0
Modification No. 2 $0
$950,000
Extend Duration to 4/30/2025
Total Not to Exceed Amount
Extend Duration to 5/31/2025
Modification No.
Letter Contract Modification 2
DCAM-24-CS-IFB-0007
Hill East Phase II - 72 Inch Sewer Relocation and Infrastructure Improvements
Page 1 of 82
SOLICIATATION/AWARD/CONTRACT
1a. Caption Page of Pages
Hill East Phase II 72 Inch Sewer Relocation and
Infrastructure Improvements Project
1b. Market Type
Open with SBE Subcontracting (See Section H.7)
1
82
2. Solicitation/Contract Number 3. Effective Date 4. Requisition/Purchase Request/Project No.
DCAM-24-CS-IFB-0007 See Block 18C RK272634
5. Issued By: 6. Administered by (If other than line 5)
Department of General Services
Contracts and Procurement Division
3924 Minnesota Avenue, NE, 5th Floor
Washington, DC 20019
Department of General Services
Capital Construction Division
3924 Minnesota Avenue, NE, 5th Floor
Washington, DC 20019
7. Name and Address of Contractor
Fort Myer Construction Corporation
2237 33rd Street NE
Washington, DC 20018
8. Delivery
FOB Origin Other
9. RESERVED
10. Submit invoices as described in Section G.
11. RESERVED 12. Payment will be made by
Government of the District of Columbia
Department of General Services
Office of the Chief Financial Officer
3924 Minnesota Avenue, NE, 5th Floor
Washington, DC 20019
13. Acknowledgement of Amendments
The Bidder acknowledges receipt of amendments to the solicitation
Amendment No. Date
01 & 02 4/2/24 & 4/3/24
03 & 04 4/12/24 & 5/16/24
05 5/24/24
14. Supplies/Services/Price - See Section B.3 (Attachment J.2)
15. Table of Contents
Section Description Pages
A COVER PAGE 1
B INTRODUCTION, CONTRACT TYPE AND PRICE SHCHEDULE 2
C SCOPE OF WORK/SPECIFICATIONS 7
D PACKAGING AND MARKING 24
E INSPECTION AND ACCEPTANCE 25
F PERIOD OF PERFORMANCE AND DELIVERABLES 26
G CONTRACT ADMINISTRATION 30
H SPECIAL CONTRACT REQUIREMENTS 36
I CONTRACT CLAUSES 53
J LIST OF ATTACHMENTS 68
K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF BIDDERS 70
L INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS 71
M EVALUATION FACTORS 81
Contracting Officer will complete Item 16
16. AWARD
Your bid for the above referenced Solicitation including your Bid and Offer Letter and Bid Form is hereby accepted. .Contractor agrees to furnish and
deliver all items, perform all the services set forth or otherwise identified above and on any continuation sheets, for the consideration stated herein.
17A. Name and Title of Signer (Type or print) 18A. Name of Contracting Officer
James H. Marshall
Signature Signature
DCAM-24-CS-IFB-0007
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SECTION B
CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST
B.1 INTRODUCTION
The District of Columbia Government Department of General Services (DGS), on behalf
of the Office of the Deputy Mayor for Planning and Economic Development (DMPED) is
seeking a contractor to provide all labor, materials and equipment for the construction of
the Hill East Phase II 72 Inch Sewer Relocation Project and Infrastructure Improvements
(Project) in accordance with Section C, the Released for Construction Contract Plans 72”
Sewer Relocation (Attachment J.1.1), DDOT Standard Specifications for Highways and
Structures, 2013 (Gold Book) (Attachment J.1.2 ), DDOT Standard Drawings -2015
(Attachment J.1.3), DC Water Standard Specification ( Attachment J.1.4 ), Project
Special Provisions (Attachment J.1.5) and other associated attachments listed in Section
J.1 Hill East Phase II 72” Sewer Relocation and Infrastructure Improvements Project
Specific Attachments.
B.2 TYPE OF CONTRACT
The District contemplates award of a fixed unit price with a ceiling equal to the total
Contract amount for the infrastructure and roadway improvements project.
B.3 PRICE SCHEDULE/BID FORM –
B.3.1 Lump Sum Price
The awarded Contractor shall be paid per provided Contract schedule of values, as
detailed in Attachment J.2, to complete the Project.
B.3.2 Work Included in the Contract Price
The Bidder acknowledges and understands that the unit cost in the schedule of
values is based on the Scope of Work (Section C), including the Hill East Phase II
72” Sewer Relocation and Infrastructure Improvements Project Specific
Attachments listed in ( Attachment J.1 ) and which are incorporated into the
Contract awarded pursuant to this IFB. It is understood and agreed that the unit
Price in the schedule of values represents the Bidder’s offer to complete the
specified Project scope. The Department and the awarded Contractor (the
“Parties”) acknowledge and agree that it is their intent to have the awarded
Contractor provide all labor, materials, and equipment to complete the project as
contemplated in the Contract Documents, for the unit Price and consistent with the
Project Schedule. In furtherance of such intent, the awarded 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 between
the drawings; (iii) elements of work not shown on the Contract Documents, but
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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 are the result of anything other than an Excusable Delay;
and (v) the risk of subcontractor default or non -performance. It is understood and
agreed by the Parties that items (i) through (v) listed in the preceding sentence are
not intended to be an exclusive list of the risks assumed by the awarded Contractor
and that such items represent a partial list of the risks assumed by the awarded
Contractor.
B.3.3 Project Allowances
.
B.3.4 Basis of Contract Bid Item Unit Price
The unit Price is based on the following documents that are incorporated into the
IFB and resulting Contract:
B.3.3.1 Attachment J.1.1 – J.1.9
Hill East Phase II 72” Sewer Relocation and Infrastructure
Improvements Project Specific Attachments
B.3.3.2 Attachment J.2
Form of Offer Letter and Schedule of Pay Items
B.3.3.3 Attachment J.3
Department of General Services Standard Contract Provisions
General Provisions Construction Contracts
B.3.3.2 The Contractors shall submit a written request for the utilization of the allowance,
detailing the specific nature, scope of the additional work proposed, and the total
amount to the COTR identified in G.9. The COTR will review and assess the
request and provide a determination ensuring compliance with requirements of the
project and DGS Budget limits for this project.
B.3.3.3. If approved, the Contractor shall submit a request in the DGS project team
system, addressed to the COTR for review and processing. If approved, the
Contractor shall include the approved draw request in the approved allowance
expenses in their invoice for payment processing.
B.3.3.1 As included in Attachment J.2, the Project includes two (2) allowances: a
Coordination with Engineer of Record Allowance for a total of $150,000 and an
Owner Directed Allowance in the amount of $2,000,000. The Coordination with
Engineer of Record is discussed in the Project Special Provisions (Attachment
J.1.5) Number 24. The owner directed allowance is intended to cover both known
and unforeseen aspects of the project that may arise during the construction and
include costs associated with necessary adjustments, or additions to the project
scope, which cannot be determined reasonably at the time of the bidding.
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B.3.3.4 Attachment J.4
Davis Bacon Wage Rates Determination and 29 CFR 5.5 Davis Bacon
Provision
B.3.3.5 Attachment J.5
Subcontracting Plan and Subcontracting Agreements
B.3.3.6 Attachment J.6
First Source Employment Agreement and First Source Employment
Plan
B.3.3.7 Attachment J.7
Equal Employment Opportunity Employer Information Report and
Mayor’s Order 85-85Living Wage Act Notice and Fact Sheet
B.3.3.8 Attachment J.8
Way to Work Amendment Act of 2006 – FY 24 Living Wage Notice
and Fact Sheet
B.4 ACKNOWLEDGEMENT OF REVIEW OF CONTRACT DOCUMENTS
Before submitting its bid in response to this IFB, the Bidder acknowledges that it reviewed
the Drawings and Specifications for accuracy, constructability, and completeness and was
required to bring such deficiencies to the attention of the Department so that the
Department’s Architect/Engineer can address any such deficiencies. The awarded
Contractor acknowledges that any deficiencies it identifies after submitting its bid shall not
be the basis for a change in the Contract Price or delaying the Project Schedule to the extent
that any such deficiencies in the Drawings and Specifications could have been identified
by prior review of a competent prospective Contractor.
B.4.1 During the term of the awarded Contract, should any errors,
omissions, ambiguities or discrepancies be found on the Contract
Documents, or should there be found any discrepancies between the
Contract Documents to which the awarded Contractor has failed to call
attention before submitting its bid, the awarded Contractor shall bring
any such errors, omissions, ambiguities or discrepancies to the
attention of Department, and the Department will interpret the intent
of the Contract Documents. The awarded Contractor agrees to abide
by and to carry out the Work in accordance with the decision of the
Department. 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 bid price the more expensive material or method of construction
and the quantity of material.
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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 awarded Contractor is deemed to have made an allowance in the bid
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 awarded Contractor’s other duties, in
the case of a difference among the Contract Documents as to the
Contractor’s obligations, or an inconsistency in the Contract
Documents, the Department will decide which requirement governs;
however, the awarded 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 bid price.
B.4.3 Execution of the Contract by the awarded 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
he may require; (6) uncertainties of weather and physical conditions at
the site; and in general to have himself obtained all necessary
information as to risk contingencies, climatic, hydrological and natural
conditions and other circumstances which may influence or affect his
performance of the Work. The awarded 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.
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B.6 For contracts in excess of $250,000, at least 35% of the dollar volume of the contract
shall be subcontracted in accordance with section H.9.1. A Subcontracting Plan form is
provided in Attachment J.5.
B.7 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01 et seq.
B.7.1 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.7.3; 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.
B.7.2 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.
B.7.3 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.
B.8 CAMPAIGN FINANCE REFORM ACT
B.8.1 The Contractor agrees to comply with the Campaign Finance Reform Act certification
requirement (Attachment J.16) 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.
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C.1 SCOPE
SECTION C
SCOPE OF WORK/SPECIFICATIONS
The awarded Contractor shall provide all labor, materials, equipment, h supervision and
other services for the construction of the Hill East Phase II 72 Inch Sewer Relocation
Project (Project) in accordance with Section C, the Construction Plans (Attachment J.1.1),
DDOT Standard Specifications for Highways and Structures, 2013 (Gold Book)
(Attachment J.1.2 ), DDOT Standard Drawings -2015 (Attachment J.1.3), DC Water
Standard Specifications ( Attachment J.1.4 ), Project Special Provisions (Attachment
J.1.5) and other associated attachments in Section J. The Contractor’s scope shall include
but is not limited to removal, demolition and restoration of existing pavement, relocation
of the 72 Inch Sewer line with installation of 78 inch HOBAS SN72 pipes, Furnish and
Installation of 18 Inch, 21 Inch and 24 Inch HDPE pipes, installation of seven cast in place
drainage structures, installation of temporary support of excavation, trench excavation and
backfill, excavation and embankment fill to existing grade, relocation of dry utility lines,
temporary and permanent stabilization and erosion & sediment control measures. The
scope also includes maintenance of traffic, vehicular and pedestrian access to St. Coletta
and correction facility. The full scope of the work is detailed in Section C.5 below.
C.2 APPLICABLE DOCUMENTS
The following documents are applicable to this procurement and are hereby incorporated
by reference:
No. Title Link/Address
1 DDOT Design and Engineering Manual,
2019
https://ddot.dc.gov/sites/default/files/dc/sites/
ddot/page_content/attachments/DEM-2019-
01-01_DDOT_DEM_Updates_FINAL.PDF
2 DDOT Standard Drawings, 2015 https://ddot.dc.gov/page/standard-drawings-
2015
3 DDOT Work Zone Safety and Mobility
Policy
https://ddot.dc.gov/page/work-zone-safety-
and-mobility-policy
4 DDOT Environmental Policy and
Process Manual
https://ddot.dc.gov/page/ddot-
environmentalpolicy-and-process-manual-0
5 DDOT Right-of-Way Policies and
Procedures Manual, 2019
https://ddot.dc.gov/sites/default/files/dc/sites/
ddot/page_content/attachments/DDOT%20R
OW%20Manual%202019-07-31.pdf
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No. Title Link/Address
6 DDOT Temporary Traffic Control
Manual Guidelines and Standards, 2006
https://ddot.dc.gov/page/temporary-traffic-
control-manual
7 DDOT Streetlight Policy and Design
Guidelines, 2013
https://wiki.ddot.dc.gov/download/attachment
s/9683
0607/Streetlight%20Policy%20and%20Desig
n%20Guidelines.pdf?api=v2
8 DDOT Construction Management
Manual - May 2010 (Revised July 2010)
https://ddot.dc.gov/sites/default/files/dc/sites/
ddot/publication/attachments/ddot_constructi
on_management_manual_rev07-01-2010.pdf
9 DC Water Standard Specifications, 2020 https://dcwater.com/sites/default/files/enginee
ring/Standard%20Specifications.pdf
10 DC Water Project Design Manual, 2018
Volume 1 – Project Management
Volume 2 – Facilities Design Manual
Volume 3 – Linear Infrastructure Design
Manual
https://dcwater.com/sites/default/files/enginee
ring/PDM%20Vol%201%20-
%20Project%20Management.pdf
https://dcwater.com/sites/default/files/enginee
ring/PDM%20Vol%202%20-
%20Facilities%20Design.pdf
https://dcwater.com/sites/default/files/enginee
ring/PDM%20Vol%203%20-
%20Linear%20Infrastructure%20Design_0.p
df
11 PEPCO Standard Drawings – Power
Distribution Standards
https://www.pepco.com/MyAccount/MyServi
ce/Pages/EngineeringDesignResources.aspx
12 DOEE Storm Water Management
Guidebook, 2020
https://doee.dc.gov/swguidebook
13 DOEE Erosion and Sediment Control
Manual, 2017
https://doee.dc.gov/publication/soil-erosion-
and-sediment-control-resources
14 FHWA Manual on Uniform Traffic
Control Devices (MUTCD), 2009
https://mutcd.fhwa.dot.gov/kno_2009r1r2.htm
15 WMATA - Joint Development and
Adjacent Construction Manual (JDAC),
Sept 2015 (rev 5a)
https://wmata.com/business/adjacent-
construction/upload/ACPM-Rev-5a-09-21-
15.pdf
C.3 DEFINITIONS
The definitions at Section 101.03 of the Gold Book, as defined below, apply to this
Contract except to the extent specifically stated herein. For the convenience of the
bidders, the following definitions from Section 101.03 are specified below. To the extent
that the definitions below modify and supplement Section 101.03, such modified and
supplemented definitions supersede the corresponding definitions at Section 101.03.
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C.3.1 Chief Engineer – See Contracting Officer’s Technical Representative (COTR).
C.3.2 Contract – The entire, integrated agreement between the District and the Contractor for
the Project. The Contract is made of the Contract Documents, and supersedes prior
negotiations, representations or agreements.
C.3.3 Contracting Officer’s Technical Representative (COTR) – See Section G.9 for
definition, roles and responsibilities. The term COTR is synonymous with the term
“Engineer” and “Chief Engineer” for this Contract.
C.3.4 Contract Documents – The Contract Documents consist of the Solicitation sections A-K
(the “Contract Form”), addenda issued prior to execution of the Contract, the price
schedule, performance and payment bonds, specifications, special provisions, Contract
Plans, and other documents listed in the Contract Form, and modifications issued after
execution of the Contract.
C.3.5 The District of Columbia Department of General Services – Is synonymous with the
“District”, “DGS”, or “Department.”
C.3.6 Engineer – see Contracting Officer’s Technical Representative (COTR)
C.3.7 Final Acceptance – The occurrence of all the events and satisfaction of all the conditions
with respect to the Work for completion of all aspects of the Contract as set forth in
the Gold Book Section 108.09.
C.3.8 Plant – All physical resources, facilities, machinery, equipment, staging, forms, tools,
work and storage space other than provided by the Contract, together with subsidiary
essentials and necessary maintenance for proper construction and acceptable completion
of the Project.
C.3.9 Project – The title of the Contract, and the entire Work to be completed under the
Contract.
C.3.10 Standard Specifications – The term “Standard Specifications” refers to the DDOT
Standard Specifications for Highways and Structures, 2013 (Gold Book).
C.3.11 Substantial Completion – the satisfaction of the criteria for completion of construction
of the Project set forth in Section 108.09 of the Gold Book, and as defined by the
Department,
C.3.12 Work – The furnishing of all labor, materials, equipment, and incidentals necessary or
convenient to the successful completion of the Project and the carrying out of the duties
and obligations imposed by the Contract
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C.4 BACKGROUND
The scope of the Hill East Phase II project includes a 72-inch sewer relocation work
which includes the installation of 78 Inch SN72 HOBAS pipe. The new 78-inch HOBAS
pipe will be tunneled from structure CS16 to CS20. The project also includes installation
of a 78-inch HOBAS pipe from CS-20 to CS-16. The proposed work will reroute the
existing 72-inch sewer line and tie back in to the existing 72-inch sewer at Massachusetts
Ave SE. The scope of work also includes abandoning the existing sewer line under
parcels B1, B2, F2 and H. The Contractor’s scope shall also include but is not limited to
demolition and restoration of existing pavement, relocation of the 72 Inch Sewer line
with installation of 78 inch HOBAS SN72 pipes, Furnish and Installation of 18 Inch, 21
Inch and 24 Inch HDPE pipes, installation of seven cast in place drainage structures,
installation of temporary support of excavation, trench excavation and backfill,
excavation and embankment fill to existing grade, erosion, relocation of dry utility lines,
temporary and permanent stabilization and erosion & sediment control measures. The
scope also includes maintenance of traffic, vehicular and pedestrian access to St. Coletta
and correction facility.
When necessary, the Contractor is also required to produce design calculations and shop
drawings in connection with its chosen systems for temporary support structures or
devices, protection/demolition shields, and other significant temporary work affecting the
safety of the traveling public or workers on the Project.
The Contractor shall be fully responsible for protection against damage for the duration
of the Contract of all the utility structures within the Contract limits and any utilities or
structures adjacent thereto. The utilities include, but are not limited to, public and/or
private water, sanitary and storm sewer, electric, telephone, and communication lines. No
separate measurement or payment will be made. Cost of this protective work will be
covered and distributed among the contract pay items. Gas lines will be designed and
constructed by Washington Gas and Light (WGL) independently. It will be the
responsibility of the 72 Inch Sewer relocation Contractor to work closely with WGL
contractor to coordinate the required relocation of the gas main that is in conflict with the
72 Inch Sewer relocation work.
C.5 REQUIREMENTS
The Contractor shall provide all labor, personnel, materials, management, equipment,
supervision, and other services necessary for the construction of the Project in accordance
with the Contract Documents (“the Work”), which includes relocation of the existing 72
Inch Sewer line with 78 Inch HOBAS SN72 storm sewer.
The Project shall be complete, operating, and ready for use on or before the Substantial
Completion Date and within the Fixed Unit Price with a ceiling equal to the total
Contract amount.
C.5.1 Contract Plans, Standard Specifications and Project Special Provisions
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C.5.1.1 The Contractor shall provide the required services in accordance with the Contract Plans
(Attachment J.1.1), DDOT Standard Specifications for Highways and Structures, 2013
(Gold Book) (Attachment J.1.2), Project Special Provisions (Attachment
J.1.5), DC Water Standard Specification (Attachment J.1.4). The Contractor shall
construct the work described in the Contract Plans and Project Special Provisions
including any work that is not specifically shown in the Contract Plans and Project
Special Provisions therein but is reasonably inferable therefrom or necessary for a fully
successfully completing the required services. The Contract Plans and Project Special
Provisions are considered complimentary Contract Documents. What is required and
shown in one document is to be considered required and shown by all documents.
Greater quantity and greater quality are required if there is a conflict in information
provided.
C.5.1.2 The Contractor is responsible for the means and methods of construction to complete the
intent of the work as depicted in the Contract Plans and referenced documents.
C.5.2 Deliverables and Submittals
The Contractor shall perform the activities required to successfully complete the
District’s requirements and submit each deliverable described in Section F.2.
C.5.3 Statement of Work
1. Providing a construction schedule for the project and make necessary monthly adjustments
to keep the schedule updated.
2. Implement Traffic Controls. Monitor and maintain traffic controls inside the Campus and
within Public Space outside the Campus for the entire duration of the Project as shown in
the Contract Plans. Maintain vehicular and pedestrian traffic per DDOT Gold Book or as
directed by the DGS COTR. Maintain access to residential, institutional, and commercial
establishments using appropriate means as outlined in the Maintenance of Traffic in the
Contract Plans and per the DGS COTR.
3. Mobilization and demobilization, provision, security, and maintenance of work and storage
areas, Engineer’s Field Facilities, and performance of Employee Training.
4. Implementation of sediment and erosion control measures as shown on the Contract Plans.
Maintenance of sediment and erosion control measures for entire duration of the Project.
5. Removal and disposal of existing pavement and median surfaces, concrete base, curb,
gutter, sidewalk, and any other hard surface for removal, repair, or replacement.
6. Utility trenching and the installation of new, drainage structures and sewer pipes,.
7. Coordination with Washington Gas & Light on the installation of their privately
constructed natural gas service mains within the project limits.
8. Utility test pit work for verification of utilities to complete the 72 Inch Sewer relocation
work.
9. Installation of DDOT DEM and MUTCD compliant signage and pavement markings.
10. Upgrade wheelchair ramps to meet current ADA requirements and pedestrian crosswalk
safety improvements, if necessary.
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11. Construction of curb, gutter and adjacent walkways.
12. Maintain service of all existing utilities during construction.
13. Disposal of all unsalvageable material, and all labor materials, tools, equipment, and
incidentals required to obtain a complete and finished product of work.
14. Develop and provide a groundwater management plan for dewatering in areas of
contamination for excavations, including pumping of stormwater ponding in excavations
where contaminated soils exist.
15. Installation of all temporary and permanent fencing and DDOT standard guard rail as
shown on the Contract Plans.
16. Removal and disposal of private street lighting poles, cables, luminaries, and respective
concrete foundations. The removal or reuse of these private street lighting items shall be
coordinated with the staged construction of new foundations for placement of new or re -
used poles. Materials not re-used on site shall be salvaged and delivered to the DGS storage
area on campus as directed by DGS CM.
17. Provide record drawings of improvements including underground infrastructure in CAD
format for DGS, DDOT, DC Water, DOEE, Pepco and Verizon records upon completion
of infrastructure improvements. Record Drawings are to be prepared to agency or utility
company standards and are to be signed and sealed by the preparing entity. Agency Record
Drawing requirements can be located at the web links in section C.2 above. DDOT Urban
Forestry Division (UFD) requires as built plans of the tree locations in DDOT GIS format.
18. Coordinate work and cooperate fully with other projects in the vicinity of the Project area
as detailed in the special provisions.
C.5.4 Contractor’s Responsibility for Work
This Section C.5.4 supersedes Gold Book Section 107.15, “Contractor’s Responsibility
for Work.”
C.5.4.1 Until Final Acceptance of the Project by the District, the Contractor shall be responsible
for the Project and shall take every precaution against injury, or damage to any part
thereof, whether arising from the execution or from the non-execution of the Project. The
Contractor shall rebuild, repair, restore, and bear the expense of such injury or damage
before Final Acceptance except to the extent that such injury or damage is due to
unforeseeable cause beyond the control, and without the fault or negligence, of the
Contractor or subcontractor.
C.5.4.2 In case of suspension of all or any portion of the Work from any cause whatever, the
Contractor shall be responsible for the Project and shall 1) take such precautions as may
be necessary to prevent damage to the Project, 2) provide for normal drainage and 3)
erect any necessary temporary structures, signs, or other facilities. In addition, during
such period of suspension, the Contractor shall properly and continuously maintain, in an
acceptable growing condition, all living material in newly established plantings, seeding,
and sodding furnished under the Contract, and shall take necessary precautions to protect
new tree growth and other important vegetative growth against injury.
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C.5.5 Partnering Session
C.5.5.1 Success depends on how the key managers work with each other. To that end, the
Contractor shall host one 8-hour Partnering Session for not more than 20 people shortly
after the award of the contract. The purpose of this session will be for key individuals to
meet and greet each other, to discuss and clarify project objectives and to set mutual
expectations on processes and project outcomes.
C.5.5.2 The Contractor shall choose a facilitator who is outside of the DGS organization,
unassociated with the Contractor, has the special knowledge, skills, and abilities to bring
client and contractor together to resolve issues that may affect the timely completion of
this project.
C.5.5.3 The Contractor shall ensure the Partnering Session is well organized. The facilitator shall
meet with the DGS Director of Operations, DGS Executive Program Manager, the DGS
COTR, the DDOT Project Manager, Contractor’s Executive and Project Manager
beforehand to identify others who will be invited to attend and to organize an agenda.
C.5.5.4 DGS prefers that this Partnering Session be held at the DGS headquarters located at 3924
Minnesota Avenue NE, Washington, DC 20019. The partnering session may be held via
teleconference.
C.5.6 Baseline Schedule
C.5.6.1 The timely completion of this project is critical to the delivery of the 72 Inch Sewer
Relocation Project. Therefore, within fourteen (14) days after the Notice To Proceed
(NTP) is issued, the Contractor shall prepare and submit a cost-loaded, resource-loaded,
Baseline Schedule for the Project (the “Baseline Schedule”). This Baseline Schedule shall
be subject to review and approval by the Department. The Contractor shall incorporate
such adjustments to the Baseline Schedule as may be reasonably requested by the
Department. The Baseline Schedule shall be prepared in a critical path method (“CPM”)
in Primavera 6 native format in sufficient detail to permit the Department and the
Contractor and any other interested parties to properly manage the Project.
C.5.6.2 Developing the schedule should not be approached casually. The overall success of any
project depends largely on how well the project sequences have been thought through,
how well construction bugs have been anticipated and resolved and how well issues have
been communicated in a forthright and timely manner with the entire team and especially
with DGS.
C.5.6.3 Because of the importance of the schedule, updates to the schedule will be submitted
every two weeks so that the effects of any delays can be detected early and solutions to
correct these delays can be devised sooner.
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C.5.6.4 In view of the unpredictability of durations for approval of permits and the potential
adverse effects on the overall delivery of the project, the schedule will include activities
for submission and review of all permits other than the BCIV permit that DGS will obtain
and transfer to the contractor at NTP. Contractor to reflect in schedule time frames for
ordering and receiving critical, long-lead procurement items.
C.5.7 Construction Management Plan
The Contractor shall submit a draft of its construction management plan (“Construction
Management Plan”) within fourteen (14) days after the NTP is issued to include, but not
limited to, noise control, hours for construction and deliveries, truck routes, trash and
debris removal plan, traffic and parking control, communications procedures, emergency
procedures, quality control procedures, dust control, public street cleaning and repair,
planned occupancy of public ways, erosion control, tree protection plan, vibration
monitoring, temporary fire protection measures, project signage, pest control,
construction staging plan, and construction logistics plan.
C.5.8 Compliance with Other Requirements
In performing the Work, the Contractor and its subcontractors shall comply with all of
the applicable provisions of the Standard Contract Provisions, (Construction Contracts)
included as Attachment J.3 and the requirements set forth in Section C.5.17 (Site Safety),
Section C.5.18 (Workhours; Coordination with DMPED and the Community), and
Section C.5.19 (Quality Control Plan) of this solicitation.
C.5.9 Project Sign
The contractor shall supply a project sign in accordance with Attachment J.1.8 and No.
31 of the Special Provisions (Attachment J.1.5).
C.5.10 Supervision
Throughout the Work, the construction office shall be managed by the Field
Superintendent, as defined in Section C.5.28 Key Personnel, to oversee the Work at all
times while construction is underway. Such personnel shall 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.5.11 Progress Meetings
C.5.11.1 Weekly Progress Meetings
Throughout the Work, the Contractor shall prepare for and attend weekly progress meetings
called by DGS or its COTR.
C.5.11.2 Monthly Executive Progress Meetings
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In addition to the weekly progress meetings, there will be a monthly executive meeting
organized and led by the Contractor with content involvement from DGS and its COTR.
These meetings shall bring to the attention of DGS and DDOT leadership high-risk issues
that will affect the cost, quality, and schedule of the project.
This executive meeting is not intended as a replay or amalgamation of the weekly
progress meeting. Its purpose is to raise awareness of important issues to Contractor’s
executives, and DGS and DDOT executives that, if not resolved in a timely way, will
have an adverse effect on the project. The meeting agenda should include: safety,
especially data relating to frequency and severity; schedule, especially Schedule
Performance Index (actual versus planned), why the schedule is ahead or behind and, if
behind, how the builder intends to get back on schedule; quality issues; resource issues
especially issues relating to the number and availability of workforce or equipment;
subcontract issues especially availability of long-lead, critical path material issues;
permits and how the issuing of permits may affect schedule or costs; status of critical
RFIs especially ones that may affect schedule and costs, review of the Project Risk
Register and what the builder is doing to mitigate or resolve these issues; and other
agenda items that the builder or the DGS or DDOT feel need to be included.
Ideally, these meetings would be held on site, but these meetings may be held via
teleconference.
C.5.12 Delay Liquidated Damages
If the Scope of Work is not substantially complete by the Substantial Completion Date,
the Contractor shall be subject to liquidated damages in an amount of Three Thousand
and Five Hundred Dollars ($3,500) per day. These damages shall not apply if the delay is
the result of Force Majeure and the Contractor otherwise complies with the provisions set
forth in the Standard Contract Provisions (Construction Contracts), Attachment J.3.
C.5.13 RESERVED
C5.14 Salvage Value and Stored Items
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.5.15 Protection of Existing Elements
The Contractor shall protect all existing features, public utilities, and other structures during
construction. There is an existing 14-inch private water main crossing the site that must be
temporarily relocated and kept in service during the entire project construction period.
Also, private utility services to the 801 Men’s Shelter shall not be impacted by
construction. The Contractor shall protect existing, site improvements, trees, and shrubs
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from damage during construction. Protection extends to the root systems of existing
vegetation. The Contractor shall not store materials or equipment, or drive machinery,
within the drip line of existing trees and shrubs.
The Contractor shall be fully responsible for protection against damage for the duration of
the contract of all the utility structures within the contract limits and adjacent thereto. The
utilities include but are not limited to public and/or private water, sewer, electric, gas,
telephone and communication lines. No separate measurement or payment will be made.
Cost of this protective work will be covered and distributed among the contract pay items.
C.5.16 Site Cleanliness
During the period of performance and/or as directed by the Department’s COTR, the
Contractor shall ensure that the site is clear of all extraneous materials, rubbish, or debris.
C.5.17 Site Safety
All costs associated with the Site Safety will not be measured for payment and are
incidental to the Project.
C.5.17.1 General Responsibility
The Contractor shall provide a safe and efficient site with controlled access. As part of this
obligation, the Contractor shall be responsible for initiating, maintaining and supervising
all safety precautions and programs in connection with the Project, and shall comply with
the requirements set forth in Article 16, Section F of the Standard Contract Provisions
(Construction Contracts) Attachment J.3.
C.5.17.2 Safety Plan
C.5.17.2.1 Prior to the start of construction activities, the Contractor shall prepare a
safety plan conforming to OSHA 29 CFR 1926 (such plan, the “Safety Plan”), the District
of Columbia Department of Transportation (DDOT) Construction Management Manual
(May 2010) and Article 27, Section A of the Standard Contract Provisions (Construction
Contracts) Attachment J.3.
C.5.17.2.2 The Safety Plan shall describe the proposed safety measures to be taken
including fences and barriers that will be used at the site. This Safety Plan will be submitted
to the Department and to DMPED for their review and approval prior to the
commencement of construction. Once the Safety Plan has been approved, the Contractor
shall always comply with the plan during construction. The Contractor shall be required to
revise the Safety Plan as may be requested by the Department or DMPED.
C.5.17.2.3 The Contractor shall not be permitted to commence construction until the
Safety Plan is submitted and approved and in no event shall any resulting delay constitute
an excusable delay. Additionally, the Contractor shall comply with the requirements of
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Article 27, Section A of the Standard Contract Provisions (Construction Contracts)
Attachment J.3.
C.5.17.3 Site Security
Portions of the Project site will be open to the public during construction. The Contractor
shall take the necessary measures to prevent vandalism and theft of materials, equipment
and tools as well as damage to the completed work on the project site and to ensure the
protection of personnel and property. The Department shall not be held liable for any loss
or damage resulting there from. Areas around the 801 Men’s Shelter and the “RED”
surface parking lot, are available for public travel. These areas cannot be used for staging
or material storage or employee parking. All areas shall be protected from materials and
construction activities.
When, in the opinion of the Construction Manager or the Department, construction
operations constitute a hazard, the Contractor may be required to suspend operations and
rectify the situation. The Contractor will be permitted to recommence work once a plan
has been submitted and accepted by the Engineer that resolves the safety issue.
C.5.17.4 Exculpation
The right of the Department and DMPED 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.5.18 Workhours; Coordination with the Department, DMPED, and the Community
C.5.18.1 Workhours
The Contractor shall comply with the Night Work requirements of the Special Provisions.
C.5.18.2 Parking
The Contractor shall organize its work in such a manner to minimize the impact of its
operations on the surrounding community. To the extent that the number of workers on the
site is likely to have an adverse impact on neighborhood parking, the Contractor shall
develop a parking plan for those individuals working on the site that is reasonably
acceptable to the Department.
C.5.18.3 Wheel Washing Stations
The Contractor shall provide wheel washingstations on site to prevent the accumulation of
dirt and other refuse on the streets surrounding the Project site.
C.5.18.4 Outreach Plan
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The Contractor shall keep the Department informed of the construction activities and their
potential impact on the community.
C.5.19 Quality Control Plan
General Obligation. The Contractor shall be responsible for all activities necessary to
manage, control, and document work to ensure compliance with the Contract Documents.
The Contractor’s responsibility includes ensuring adequate quality control services are
provided by the Contractor’s employees and its subcontractors at all levels. The Work
activities shall include safety, submittal management, document reviews, reporting, and
all other functions related to quality construction.
C.5.19.1 Quality Control Plan
Within ten (10) days after NTP, the Contractor shall update the Quality Control Plan for
the Project (the, “Quality Control Plan”). A draft of the Quality Control Plan shall be
submitted to the Department and shall be subject to the Department’s review and approval.
The Quality Control Plan shall be tailored to the specific products/type of construction
activities contemplated in the Intermediate and in general, shall include a table of contents,
quality control team organization, duties, responsibilities and authority of quality control
staff, submittal procedures, inspection procedures, deficiency correction procedures,
documentation process, and a list of any other specific actions or procedures that will be
required for key elements of the Work.
C.5.19.2 Implementation
The Contractor shall perform regular quality control inspections and create reports based
on such inspections pursuant to the Quality Control Plan. These quality control reports
shall be provided to the Department electronically daily. The Contractor shall discuss
outstanding deficiencies, testing/inspections, and upcoming work at the regularly
scheduled progress meetings with the Department.
The monthly report shall include a detailed summary of the steps that are being employed
to provide quality construction and workmanship. The monthly report should specifically
address issues or deficienciesraised during the month and outline the steps that are being
used to address such issues. Deficiencies should be corrected in accordance with
Department Standard Contract Provisions (Construction Contracts) Attachment J.3.
C.5.19.3 Corrective Action Plan
The Department shall have the right to direct the Contractor to revise the Quality Control
Plan.
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C.5.20 Reporting Requirements
The Contractor shall be required to submit the following reports:
C.5.20.1 Monthly Report
The Contractor shall provide written reports to the Department, on the progress of the entire
Work at least monthly from NTP until Final Completion of the Project. The monthly report
shall include: (i) a progressed schedule and analysis, including any plans to correct
defective or deficient work or recover delays; (ii) a quality control report; and (iii) progress
photos, (iv) significant events during the month including visitors to the site and (v)
significant events or milestones planned for the following month.
C.5.20.2 Bi-Weekly Schedule Updates
In view of the urgency to complete this project, the Contractor shall provide a Baseline
Schedule update to the Department, on the progress of the entire Work at least bi-weekly,
in the same format set forth in Section C.5.6 of this IFB. The update shall reflect the actual
progress of the Project, identify developing or potential delays, regardless of their cause,
and reflect the Contractor's best projection of the actual date by which Substantial
Completion and Final Completion of the Project will be achieved. The Contractor shall
also state what must be done to avoid or reduce that delay, 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.
C.5.21 Project Close-out
C.5.21.1 Punch list
Prior to Substantial Completion, the Contractor shall develop a punch list in accordance
with the Gold Book.
Once the punch list is prepared, the Contractor shall inspect the Work along with
representatives from the Department and DDOT. The punch list shall be revised to reflect
additional work items that are discovered during such inspections. The Contractor shall
correct all punch list items no later than thirty (30) days after Substantial Completion is
achieved.
C.5.21.2 Training
The Contractor shall provide training to Department staff on all the installed systems on
the project. The Contractor shall be required to schedule such training sessions and shall
make reasonable efforts to ensure all such training occurs prior to the Substantial
Completion date.
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C.5.21.3 Warranties & Manuals
No later than fifteen (15) days following the Substantial Completion date, the Contractor
shall have a Maintenance Bond for two (2) years after the Final Acceptance. The amount
of the Maintenance Bond is $2.7 million.
C.5.21.4 Eleven Month Walk
The Contractor shall schedule a joint insp ection of the Project during the eleventh month
after Substantial Completion is achieved. During such inspection, the Contractor and a
representative of the Department shall walk the Project to identify any necessary warranty
work.
C.5.22 Compensation
The Contractor will be compensated in accordance with Section 109 of the Gold Book.
C5.23 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.
Without limiting the generality of the foregoing, all drawings shall be signed and sealed by
a professional Architect, surveyor, or engineer licensed in the District of Columbia.
C.5.24 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 governmental
bodies, including, without limitation, the U.S. Government and the District of Columbia
government; and it is the sole responsibility of the Contractor to determine the
Department’s procurement regulations, statutes, laws, codes, ordinances, regulations,
rules, requirements and orders that apply and their effect on the Contractor’s obligations
thereunder.
C.5.25 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 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.
C.5.26 Brand Name or Equal
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A. If items called for by the Solicitation have been identified by a brand name
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. The District
will consider alternate products to be equal if the COTR determines them to be equal in
all material respects to the brand name products referenced in the Solicitation.
B. The Contractor must provide all descriptive material (such as cuts, illustrations,
drawings, or other information) necessary for the District to determine whether the
product offered meets the requirements of the Contract. In making the determination as to
equality of a product the District will consider information furnished by the Contractor.
The District may, but is not obligated to, also consider information reasonably available
to the District. Also, see Section L.23.
C.5.27 Administrative Matters
Use of Project Team system The Contractor shall utilize the Department's Project Team
system to submit any and all 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; (iv) proposed Changes; (v) certified payrolls (and at DGS' option to
upload via DOES LCP Tracker software which the District will make available to the
Contractor); (vi) Contract Plans and Technical Specifications; (vii) punch list; (viii)
invoices/applications for payment (full package including all forms required by DGS);
and (ix) other documents as may be designated by the Department or its COTR.
C.5.28 Key Personnel
C.5.28.1 The Contractor's personnel should have the necessary experience and
licenses to perform the required work. Toward that end, Offerors shall include within the
bid a description of the staff available to perform this work and their qualifications. Key
personnel 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. The Contractor will not be permitted to reassign any of the
key personnel unless the Department 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.5.28.2 Supervision & Coordination The Contractor shall properly supervise and
coordinate its work. The Contractor shall at a minimum:
a. The Contractor and DGS COTR shall meet as necessary.
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 work with any on-site personnel so as to ensure that their activities are
not adversely affected;
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d. Conduct periodic progress meetings following a Contractor generated agenda
with the COTR.
e. Meet the COTR on-site once per week for project update walk-throughs;
f. Provide general safety signage and posting for the project and see that each
subcontractor prepares and submits adequate safety program and monitoring
throughout the project;
g. Obtain all job permits and approvals from the Department of Consumer and
Regulatory Affairs that are required to perform and complete the Work, unless
otherwise noted herein;
h. Prepare payment requests, verify accuracy and forward to Department for
approval and payment;
i. Assemble close-out documents required;
j. Provide assistance to the Department through all applicable warranty periods;
k. Coordinate its work with all third parties so as not to delay the critical path of the
project; and
l. 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
C.6 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 Department, 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 Project
Manager determine that either of the events specified in the preceding sentence have
occurred, the Department shall provide the Contractor with written notice of such event
and the Contractor shall be required to provide the Department with a corrective action
plan that is reasonably designed to address the concerns raised in such notice within three
(3) days after receipt of such notice. If the Department and the Contractor are unable to
agree on the terms of such corrective action plan within five (5) days after the issuance of
the notice (i.e. with forty eight (48) hours after the receipt of the proposed corrective
action plan), the Department shall have the right to direct such acceleration as the
Department, in its reasonable judgment, deems necessary. Provided the notice
provisions of this Section are complied with, the cost of any acceleration directed under
this Section shall not justify an adjustment to the Lump Sum Price or the Substantial
Completion Date. The Contractor hereby acknowledges that this provision is a material
inducement upon which the Department has relied in entering into 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.
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C.7 WALK-THROUGH INSPECTION
At the achievement of Substantial Completion, the DGS COTR 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 DGS COTR the deficiencies have been corrected to the DGS
COTR satisfaction.
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SECTION D
PACKAGING AND MARKING
D.1 The packaging and marking requirements for this contract shall be governed by clause
number 2 of the Government of the District of Columbia Department of General Services
Standard Contract Provisions (General Provisions) Construction Contracts. (Attachment
J.3)
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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 Government of the District of Columbia Department of General Services
Standard Contract Provisions (General Provisions) Construction Contracts (Attachment
J.3).
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SECTION F
PERIOD OF PERFORMANCE AND DELIVERABLES
F.1 TERM OF CONTRACT
The term of the contract shall be for a period of 270 calendar days from the date of the
Contracting Officer’s (CO) execution of the Contract (as specified on page 1 of this
Contract) or the date of the CO’s execution of the Letter Contract /Notice to Proceed, if
applicable.
F.1.1 Substantial Completion Date. Unless the Contract specifies a different time, Substantial
Completion is 30 Calendar Days before Final Acceptance.
F.1.2 Final Acceptance Date. The Final Acceptance Date is 270 consecutive calendar days
from the date of Notice to Proceed to the contractor.
F.1.3 Administrative Term. The Contract shall have an administrative term (the
“Administrative Term”) that runs from the effective date of the Notice to Proceed to the
later of the Administrative Term Expiration Date set as 90 days from Final Completion
Date. The Administrative Term is established for the sole purpose of permitting the
Department’s Office of the Chief Financial Officer to process payments in the event any
payments become due. The Administrative Term is NOT an extension of the Substantial
or Final Completion Dates, and nothing herein shall be construed to extend the
Substantial and Final Completion Dates or, limit the Department’s ability to assess
liquidated damages thereon.
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.
In addition to any deliverables required elsewhere in the Contract Documents, as defined
herein, the Contractor shall submit the following deliverables in accordance with the
Contract:
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Contract
Reference
Deliverable Quantity Format/Method of
Delivery
Due Date
J.1.3 – SP No. 2 Design
calculations and
shop drawings
As needed Submittal to DGS Minimum of 21
days before
ordering materials
C.5.3 #1 and C.5.6 Construction
Schedule
Monthly
updated
P-6 file uploaded to
DGS
within 14 days of
NTP and Monthly
with each pay
request
C.5.3 #24 Groundwater
Management Plan
If needed Submittal to DGS and
DOEE
When groundwater
is encountered in
excavations
C.5.3 #29 Survey Plan Ongoing No submittal required Prior to
construction of
improvements to
locate key
elements in the
field
C.5.3 #30 Record Drawings Complete
set to each
utility and
complete
set to
DDOT and
DGS
Upload to respective
agency and DGS. PDF
and MicroStation
formats.
As part of final
completion of
punch list and
project closeout
documents at the
end of construction
C.5.5 Partnering Session one In person or virtual
meeting
Within 14 days of
NTP
C.5.6 Baseline Schedule one Upload to DGS/P-6
file
Within 14 days of
NTP
C.5.6 Schedule Updates As needed P-6 files uploaded to
DGS
Every 2 weeks
C.5.7 Construction
Management Plan
one PDF or word file
uploaded to DGS
Within 14 days of
NTP
C.5.9 and J.1.3 –
SP No. 31
Project Sign one On site installation Within 21 days of
NTP
C.5.11.1 Weekly Progress
Meetings
As
necessary
In person or virtual
meeting
Weekly at day and
time agreeable to
DGS and
contractor
C.5.11.2 Monthly Executive
Progress Meetings
As
necessary
In person or virtual
meeting
Monthly at day
and time agreeable
to DGS and
contractor
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C.5.13 Hazardous or
Contaminated
Materials Notices
When
encountered
Notification uploaded
to DGS and DOEE
inspector notified by
call
When encountered
C.5.13 Hazardous or
Contaminated
Materials
Manifests
As
necessary
Written and signed
manifest uploaded to
DGS
When encountered
C.5.17.2 Safety Plan one PDF or word file
uploaded to DGS
Prior to
mobilization
C.5.17.3 Site Security
Remediation Plan
one PDF or word file
uploaded to DGS
Within 1 week of
NTP
C.5.18.2 Parking Plan one PDF or word file
uploaded to DGS
Within 1 week of
NTP
C.5.18 Outreach Plan one PDF or word file
uploaded to DGS
Within 1 week of
NTP
C.5.19 Quality Control
Plan
one PDF or word file
uploaded to DGS
Within 1 week of
NTP
C.5.19.3 Corrective Action
Plan
14 days from
DGS’s request
C.5.20.1 Monthly Report As needed Word file uploaded to
DGS
Monthly
C.5.20.2 Bi-Weekly
Schedule Updates
As needed P-6 file Bi-weekly
C.5.21.1 Punch list One Hard copy and
upload of file to DGS
and DDOT
At substantial
completion walk
thru. Correct all
punch list items no
later than 30 days
after Substantial
Completion.
C.5.21.1 Training materials one TBD As needed
C.5.21.2 Warranties &
Manuals
As required
by DDOT
Uploaded to DGS and
DDOT
15 days following
substantial
completion
C.5.21.3 Eleventh Month
Walk
one On site walk 11 months after
Substantial
Completion
Compliance Subcontractor
Payment Form
One Electronic/Responsible
Agency
Monthly
Compliance Subcontractor
Approval Request
Form
One Electronic/Responsible
Agency
Monthly
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Compliance EEO Monthly
Employment
Utilization Report
One Electronic/Responsible
Agency
Monthly
Compliance DSLBD CBE
Utilization Form
One Electronic/Responsible
Agency
Quarterly
Compliance Certified Payrolls
and Statement of
Compliance
One Electronic/Responsible
Agency
Weekly
The contractor shall produce design calculations and shop drawings in connection with
necessary systems for temporary support structures or devices, protection/demolition
shields, and other significant temporary work affecting the safety of the traveling public or
workers on the project.
F.2.1 The Contractor shall submit to the District, as a deliverable, the report described in section
H.5.5 which is required by the 51% District Residents New Hires Requirements and First
Source Employment Agreement. If the Contractor does not submit the report as part of the
deliverables, the District shall not make final payment to the Contractor pursuant to section
G.3.2
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SECTION G
CONTRACT ADMINISTRATION
G.1 INVOICE PAYMENT
G.1.1 The District will make payments to the Contractor, upon the submission of proper
invoices, at the prices stipulated in this contract, for supplies delivered and accepted or
services performed and accepted, less any discounts, allowances or adjustments provided
for in this contract.
G.1.2 The District will pay the Contractor on or before the 30th day after receiving a proper
invoice from the Contractor.
G.2 INVOICE SUBMITTAL
G.2.1 The Contractor shall initiate their payments requests in the DGS ProjectTeam System and
upon approval of the DGS PM submit 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 al required information into the
ProjectTeam and DC Vendor 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 Prolog, please contact the Portal Help Desk at (202) 671-0571
G.2.2 To constitute a proper invoice, the Contractor shall submit the following information on
the invoice:
G.2.2.1 Contractor’s name, federal tax ID and invoice date (date invoices as of the date of
mailing or transmittal);
G.2.2.2 Contract number and invoice number;
G.2.2.3 Description, price, quantity and the date(s) that the supplies or services were
delivered or performed;
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G.2.2.4 Other supporting documentation or information, as required by the Contracting
Officer;
G.2.2.5 Name, title, telephone number and complete mailing address of the responsible
official to whom payment is to be sent;
G.2.2.6 Name, title, phone number of person preparing the invoice;
G.2.2.7 Name, title, phone number and mailing address of person (if different from the person
identified in G.2.2.6 above) to be notified in the event of a defective invoice; and
G.2.2.8 Authorized signature.
G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT
G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and First
Source Employment Agreement requirements, final request for payment must be
accompanied by the report or a waiver of compliance discussed in section H.5.5.
G.3.2 The District shall not make final payment to the Contractor until the agency CFO has
received the CO’s final determination or approval of waiver of the Contractor’s
compliance with 51% District Residents New Hires Requirements and First Source
Employment Agreement requirements.
G.4 PAYMENT
G.4.1 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 Section B.3"; 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 to a bank, trust company,
or other financing institution funds due or to become due as a result of the performance of
this contract.
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G.5.2 Any assignment shall cover all unpaid amounts payable under this contract and shall not
be made to more than one party.
G.5.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is
required to prepare invoices. Where such an assignment has been made, the original
copy of the invoice must refer to the assignment and must show that payment of the
invoice is to be made directly to the assignee as follows:
“Pursuant to the instrument of assignment dated , make payment of this
invoice to (name and address of assignee).”
G.6 THE QUICK PAYMENT 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 made on or before the required payment
date. The required payment date shall be:
G.6.1.1.1 The date on which payment is due under the terms of the
contract;
G.6.1.1.2 Not later than 7 calendar days, excluding legal holidays, after
the date of delivery of meat or meat food products;
G.6.1.1.3 Not later than 10 calendar days, excluding legal holidays, after
the date of delivery of a perishable agricultural commodity; or
G.6.1.1.4 30 calendar days, excluding legal holidays, after receipt of a
proper invoice for the amount of the payment due.
G.6.1.2 No interest penalty shall be due to the Contractor if payment for the
completed delivery of goods or services is made on or after:
G.6.1.2.1 3rd day after the required payment date for meat or a meat food
product;
G.6.1.2.2 5th day after the required payment date for an agricultural
commodity; or
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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.
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.
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G.6.3 Subcontractor Quick Payment Clause Flow-Down Requirements
The Contractor shall include in each subcontract under this contract a provision
requiring the subcontractor to include in its contract with any lower-tier subcontractor
or supplier the payment and interest clauses required under paragraphs (1) and (2) of
D.C. Official Code § 2-221.02(d).
G.7 CONTRACTING OFFICER (CO)
Contracts will be entered into and signed on behalf of the District only by contracting
officers. The contact information for the Contracting Officer is:
James H. Marshal
Contracting Officer
Department of General Services
3924 Minnesota Avenue, NE, 5th Floor
Washington, DC 20019
james.marshall@dc.gov
Phone: 202 727-2163
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 this contract, unless issued in writing and signed by the CO.
G.8.3 In the event the Contractor effects any change at the instruction or request of any person
other than the CO, the change will be considered to have been made without authority
and no adjustment will be made in the contract price to cover any cost increase incurred
as a result thereof.
G.9 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)
The COTR is responsible for 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;
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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 Holmes
Executive Program Manger
DC Department of General Services
3924 Minnesota Avenue, NE 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
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, 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.
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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.1.2 Apprenticeship Act
The District of Columbia Apprenticeship Act of 1946, D.C. Official Code §§ 32 -1401 et
seq. (“Act”), as amended, may apply to this Project. If applicable, all subcontractors
selected to perform work on the Project on a craft-by-craft basis shall be required to comply
with this Act. All terms and conditions of the Act, D.C. Apprenticeship Council Rules and
Regulations, as well as any federal requirements, shall be implemented. The Prime
Contractor shall be liable for any subcontractor non-compliance. Thirty-five percent (35%)
of all apprentice hours worked on the Project shall be worked by District residents.
H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS
The Contractor shall be bound by the Wage Determination provided and issued by the
U.S. Department of Labor in accordance with the Davis Bacon Act, 41 U.S.C. § 351 et
seq., and 29 CFR 5.5 Davis Bacon Provision, both incorporated herein as Attachment
J.4. As such, the Contractor and its trade subcontractors shall comply with the wage and
reporting requirements imposed by that Act for the term of the contract.
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
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pregnancy, childbirth, related medical conditions, or breastfeeding for an
employee, unless the Contractor can demonstrate that the accommodation would
impose an undue hardship;
a. Take an adverse action against an employee who requests or uses a reasonable
accommodation in regard to the employee's conditions or privileges of
employment, including failing to reinstate the employee when the need for
reasonable accommodations ceases to the employee's original job or to an
equivalent position with equivalent:
1. Pay;
2. Accumulated seniority and retirement;
3. Benefits; and4. Other applicable service credits;
b. 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;
c. 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;
d. Require an employee to take leave if a reasonable accommodation can be
provided; or
e. Take adverse action against an employee who has been absent from work as a
result of a pregnancy-related condition, including a pre-birth complication.
H.3.3 The Contractor shall post and maintain in a conspicuous place a notice of rights in both
English and Spanish and provide written notice of an employee's right to a needed
reasonable accommodation related to pregnancy, childbirth, related medical conditions,
or breastfeeding pursuant to the PPWF Act to:
a. New employees at the commencement of employment;
b. Existing employees; and
c. An employee who notifies the employer of her pregnancy, or other condition
covered by the PPWF Act, within 10 days of the notification.
H.3.4 The Contractor shall provide an accurate written translation of the notice of rights to any
non-English or non-Spanish speaking employee.
H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.
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H.4 UNEMPLOYED ANTI-DISCRIMINATION
H.4.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012,
D.C. Official Code § 32-1361 et seq.
H.4.2 The Contractor shall not:
(a) Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an
employee because of the individual's status as unemployed; or
(b) Publish, in print, on the Internet, or in any other medium, an advertisement or
announcement for any vacancy in a job for employment that includes:
(1) Any provision stating or indicating that an individual's status as unemployed
disqualifies the individual for the job; or
(2) Any provision stating or indicating that an employment agency will not consider
or hire an individual for employment based on that individual's status as unemployed.
H.4.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties
as described in the Act.
H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST
SOURCE EMPLOYMENT AGREEMENT
H.5.1 For contracts for services in the amount of $300,000 or more, the Contractor shall comply
with the First Source Employment Agreement Act of 1984, as amended, D.C. Official Code § 2-
219.01 et seq. (First Source Act).
H.5.2 The Contractor shall enter into and maintain during the term of the contract, a First Source
Employment Agreement (Employment Agreement) (Attachment J.6.1) 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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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 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 the Disputes clauses of the SCP of construction contracts.
H.5.11 The provisions of the First Source Act do not apply to nonprofit organizations which
employ 50 employees or less.
H.6 LIVING WAGE ACT
The Living Wage Act is applicable to this Contract. As such, the Contractor and its
subcontractors shall comply with the wage and reporting requirements imposed by that
Act (Attachment J.8).
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H.7 SUBCONTRACTING REQUIREMENTS
H.7.1 Mandatory Subcontracting Requirements
H.7.1.1 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.7.1.2 If there are insufficient SBEs to completely fulfill the requirement of paragraph
H.7.1.1, then the subcontracting may be satisfied by subcontracting 35% of the dollar
volume to any qualified certified business enterprises (CBEs); provided, however, that
all reasonable efforts shall be made to ensure that SBEs are significant participants in
the overall subcontracting work.
H.7.1.3 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.7.1.1 and H.7.1.2.
H.7.1.4 Except as provided in H.7.1.5 and H.7.1.7, 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.7.1.5 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 the 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 effort, the certified joint venture shall be subject to enforcement actions
under D.C. Official Code § 2-218.63.
H.7.1.6 Each CBE utilized to meet these subcontracting requirements shall perform at least
35% of its contracting effort with its own organization and resources.
H.7.1.7 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.7.2 Subcontracting Plan
If the prime contractor is required to subcontract under this contract, it shall submit a
subcontracting plan as part of the bid and it may only be amended after award with the
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prior written approval of the CO and Director of DSLBD. Any reduction in the dollar
volume of the subcontracted portion resulting from an amendment of the plan after award
shall inure to the benefit of the District.
Each subcontracting plan shall include the following:
(1) The name and address of each subcontractor;
(2) A current certification number of the small or certified business enterprise;
(3) The scope of work to be performed by each subcontractor; and
(4) The price that the prime contractor will pay each subcontractor.
H.7.3 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.7.4 Subcontracting Plan Compliance Reporting
H.7.4.1 The Contractor shall submit a quarterly report to the CO, CA, District of Columbia
Auditor and the Director of DSLBD. The quarterly report shall include the following
information for each subcontract identified in the subcontracting plan:
(A) The price that the prime contractor will pay each subcontractor under the
subcontract;
(B) A description of the goods procured or the services subcontracted for;
(C) The amount paid by the prime contractor under the subcontract; and
(D) A copy of the fully executed subcontract, if it was not provided with an earlier
quarterly report.
H.7.4.2 If the fully executed subcontract is not provided with the quarterly report, the prime
contractor will not receive credit toward its subcontracting requirements for that
subcontract.
H.7.5 Annual Meetings
Upon at least 30-days written notice provided by DSLBD, the Contractor shall meet
annually with the CO, CA, District of Columbia Auditor and the Director of DSLBD to
provide an update on its subcontracting plan.
H.8 FAIR CRIMINAL RECORD SCREENING
H.8.1 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
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a temporary or contractual basis, where the physical location of the employment is in
whole or substantial part within the District of Columbia.
H.8.2 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.8.3 After making a conditional offer of employment, the Contractor may require an
applicant to disclose or reveal a criminal conviction.
H.8.4 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.8.5 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.8.6 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.9 LIVING WAGE ACT
The Living Wage Act is applicable to this Contract. As such, the Contractor and its
subcontractors shall comply with the wage and reporting requirements imposed by that
Act (Attachment J.8).
H.10 BUY AMERICAN ACT PROVISION.
The Contractor shall comply with the provisions of the Buy American Act ( 41 U.S.C. §§
8301–8305), including, but not limited to, the purchase of steel. To the extent that the
language in this section contradicts the language under Article 24 of The Department
Standard Contract Provisions for Construction Contracts (Attachment J.3.a) regarding
compliance with the Buy American Act, the language in this section should supersede.
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H.10.1 In accordance with the Buy American Act (41 U.S.C. §§ 8301–8305), 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, 1059—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 Contract, 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 65 percent of the cost of all its components. For an end product
that consists wholly or predominantly of iron or steel or a combination of both, the cost
of foreign iron and steel must constitute less than 5 percent of the cost of all the
components used in the end product.
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 Unite d
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.10.1.2 Domestic Construction Material. “Construction material” means any article, material or
supply brought to the construction site for incorporation in the building or work. An
unmanufactured construction material is a “domestic construction material” if it has been
mined or produced in 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 the United
States exceeds 65 percent of the cost of all its components. “Component” means any
article, material, or supply directly incorporated in a construction material. If the
construction material consists wholly or predominantly of iron or steel, the iron or steel was
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produced in the United States ; or, f or construction material that consists wholly or
predominantly of iron or steel or a combination of both, a construction material
manufactured in the United States if the cost of foreign iron and steel constitutes less than 5
percent of the cost of all the components used in such construction material.
H.10.1.3 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.10.1.4 Foreign Construction Material. “Foreign construction material” means a construction
material other than a domestic construction material.
H.11 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, 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 time to time, and (iv) Section 446 of the District of Columbia Home Rule
Act. The Contract shall not constitute an indebtedness of the Department, nor shall it
constitute an obligation for which the Department is obligated to levy or 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 UNDER THE AGREEMENT OR CONTRACT
DOCUMENTS UNLESS SUCH AMOUNT HAS BEEN APPROVED, IS
LAWFULLY AVAILABLE AND APPROPRIATED BY ACT OF CONGRESS.
H.12 FREEDOM OF INFORMATION ACT
The District of Columbia Freedom of Information Act, at D.C. Official Code § 2 -532 (a-
3), requires the District to make available for inspection and copying any record produced
or collected pursuant to a District contract with a private contractor to perform a public
function, to the same extent as if the record were maintained by the agency on whose behalf
the contract is made. If the Contractor receives a request for such information, the
Contractor shall immediately send the request to the COTR designated in subsection 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.
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Official Code §2-532 and Chapter 4 of Title 1 of the D.C. Municipal Regulations.
H.13 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.14 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.15 WAY TO WORK AMENDMENT ACT OF 2006
H.15.1 Except as described in Section H.1 5.8 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.15.2 The Contractor shall pay its employees and subcontractors who perform
services under the contract no less than the current living wage.
H.15.3 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.15.4 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.15.5 The Contractor shall provide a copy of the Fact Sheet attached as J.6 to each
employee and subcontractor who performs services under the contract. The
Contractor shall also post the Notice attached as J.6 in a conspicuous place in its
place of business. The Contractor shall include in any subcontract for $15,000 or
more a provision requiring the subcontractor to post the Notice in a conspicuous
place in its place of business.
H.15.6 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.15.7 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
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seq.
H.15.8 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 hours 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 are defined
in section 2 of the Health-Care and Community Residence Facility,
Hospice, and Home Care Licensure Act of 1983, effective February
24, 1984 (D.C. Law 5-48; D.C. Official Code § 44-501); and
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(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.15.9 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.16 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 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.
H.17 AUDITS AND RECORDS
H.17.1 As used in this clause, “records” includes books, documents, accounting
procedures and practices, and other data, regardless of type and regardless of whether
such items are in written form, in the form of computer data, or in any other form.
H.17.2 Examination of Costs. If this is a cos t-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.17.3 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 proposal for the contract, subcontract, or modification;
b. The discussions conducted on the proposal(s), including those related to
negotiating;
c. Pricing of the contract, subcontract, or modification; or
d. Performance of the contract, subcontract or modification.
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H.17.4 Comptroller General
H.17.4.1 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.17.4.2 This paragraph may not be construed to require the Contractor or
subcontractor to create or maintain any record that the Contractor or
subcontractor does not maintain in the ordinary course of business or
pursuant to a provision of law.
H.17.5 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:
a. The effectiveness of the Contractor’s policies and procedures to
produce data compatible with the objectives of these reports; and
b. the data reported.
H.17.6 Availability. The Contractor shall make available at its office at all reasonable
times the records, materials, and other evidence described in section H .11, for
examination, audit, or reproduction, until three (3) years after final payment under this
contract or for any shorter period specified in the solicitation, or for any longer period
required by statute or by other clauses of this contract. In addition:
a. If this contract is completely or partially terminated, the Contractor
shall make available the records relating to the work terminated until
thee (3) years after any resulting final termination settlement; and
b. The Contractor shall make available records relating to appeals
under the Disputes clause or to litigation or the settlement of claims
arising under or relating to this contract until such appeals, litigation,
or claims are finally resolved.
H.17 .7 The Contractor shall insert a clause containing all the terms of this clause,
including this section H.17.7 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 H.17.5 of this
clause.
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H.18 ADVISORY AND ASSISTANCE SERVICES
This 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 the duly authorized
representative of the CO as is necessary to ensure accomplishment of the contract
objectives.
H.19 DISTRICT RESPONSIBILITIES
H.19.1 District Furnished Property
District property shall remain the property of the District in all respects. The COTR may
require Contractor personnel to sign for receipt and custody of District furnished
property, at the discretion of the COTR. 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.20 CONTRACTOR RESPONSIBILITIES
H.20.1 The Contractor shall be responsible for providing services in accordance with the
requirements of this contract.
H.20.2 The Contractor shall be responsible for obtaining all licenses and permits
necessary for the performance of this contract.
H.20.3 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.20.4 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.
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H.20.5 Meet all federal, state vehicles compliance standards, local laws, inspections, and
regulations, including, but not limited to, the permitting requirements under Chapter 25
of Title 18, DCMR by the DC Department of Transportation (DDOT), the DC
Department of Consumer and Regulatory Affairs (DCRA) and the DC Department of
Public Works (DPW). The Contractor shall ensure that each vehicle is licensed and
registered in accordance with District regulations.
H.21 STAFF ATTIRE AND IDENTIFICATION
H.21.1The Contractor’s staff shall wear identification badges at all times. The
identification badges shall provide company logo, employee’s name, and employee
photograph.
H.22 SAFETY REQUIREMENTS
H.22.1 The Contractor shall be responsible for complying with all applicable District and
Federal rules, regulations and practices relating to safety on the job site; for all injury to
persons or damage to property that occurs as a result of the Contractor's negligence and
shall take proper safety and health precautions to protect the work, the workers, the
tenants and District property; and for all materials delivered and work performed until
completion and acceptance of the entire work in writing by the COTR.
H.22.2 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
Occupational Safety and Health Administration (OSHA) including, but not limited to:
H.22.2.1 Back support devices
H.22.2.2 Eye protection
H.22.2.3 Hearing protection
H.22.2.4 Hand protection
H.22.2.5 Head protection
H.22.2.6 Foot protection
H.22.3 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.
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H.22.3.1 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 Contracting
Officer 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.22.3.2 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.23 FIRE PREVENTION
H.23.1 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.23.2 The Contractor shall be knowledgeable and train all its employees on the job site
to fulfill the requirements of this Statement of Work on the procedures, means of egress
and methods of reporting fires on the job sites.
H.24 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.25 ACCIDENT REPORTS
The Contractor shall immediately notify the COTR of any accidents on the job site arising
from the performance of this SOW that involve bodily injury to Contractor’s employees or
District workers or both, building occupants, visitors, or other persons.
H.26 PROPERTY DAMAGE NOTIFICATION
Any damage caused by the Contractor or its e mployees to District property shall be
promptly repaired or replaced by the Contractor at the Contractor’s expense.
H.27 SUSPENSION OF WORK
H.27.1 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.
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H.27.2 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.27.3 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.27.4 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.27.5 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.28 CONTRACTOR RESPONSIBILITY UPON CONTRACT COMPLETION
OR TERMINATION
H.28.1 The Contractor shall turn over all plans codes, manuals, records, files,
reports, databases spare inventory and materials developed or purchased in the course of
the Contract to the COTR within thirty (30) calendar days after contract completion or
termination. The Contractor shall develop transition plans, which shall describe staffing
and organizational structure during the phase -in and phase - out transition periods, and
how the Contractor will interact with the existing work force during the thirty (30) days
of transition at the beginning and end of this contract.
H.29 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.30 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
discovered that the Contractor has made a false, fraudulent or unsupported statement or
claim to the Department, the Department may terminate this Agreement without liability.
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SECTION I
CONTRACT CLAUSES
I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS
The Department of General Services Standard Contract Provisions General Provisions
Construction Contracts (SCP) (Attachment J.3). The (SCP) 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, developmental,
or engineering work; d) licensed software; e) components of the hardware environment; f)
printed materials (including but not limited to training manuals, system and user
documentation, reports, drawings); g) third party software; h) modifications,
customizations, custom programs, program listings, programming tools, data, modules,
components; and i) any intellectual property embodied therein, whether in tangible or
intangible form, including but not limited to utilities, interfaces, templates, subroutines,
algorithms, formulas, source code, and object code.
2. “Existing Products” - Tangible Products and intangible licensed Products that exist prior
to the commencement of work under the contract. Existing Products must be identified on
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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 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 unauthorized copying, reproduction
and marketing by or through the Contractor.
C. Transfers or Assignments of Existing or Custom Products by the District
The District may transfer or assign Existing or Custom Products and the licenses thereunder
to another District agency. Nothing herein shall preclude the Contractor from otherwise
using the related or underlying general knowledge, skills, ideas, concepts, techniques and
experience developed under a project or work plan in the course of the Contractor’s
business.
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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
B.2, the Contractor shall furnish to the District, a copy of the source code with such rights
of the scope as specified in section B.2 of this clause. For all computer software furnished
to the District with the restricted rights specified in section B.1 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 provided 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 B.1 of this clause offers the source code or source code
escrow to any other commercial customers, the Contractor shall either: (1) provide the
District with the source code for the Product; (2) place the source code in a third party
escrow arrangement with a designated escrow agent who shall be named and identified to
the District, and who shall be directed to release the deposited source code in accordance
with a standard escrow arrangement acceptable to the District; or (3) will certify to the
District that the Product manufacturer/ developer has named the District as a named
beneficiary of an established escrow arrangement with its designated escrow agent who
shall be named and identified to the District, and who shall be directed to release the
deposited source code in accordance with the terms of escrow.
3. The Contractor shall update the source code, as well as any corrections or
enhancements to the source code, for each new release of the Product in the same manner
as provided above, and certify such updating of escrow to the District in writing.
F. Indemnification and Limitation of Liability
The Contractor shall indemnify and save and hold harmless the District, its officers, agents
and employees acting within the scope of their official duties against any liability,
including costs and expenses, (i) for violation of proprietary rights, copyrights, or rights of
privacy, arising out of the publication, translation, reproduction, delivery, performance, use
or disposition of any data furnished under this Contract, or (ii) based upon any data
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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
Contractor. Contractors 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 or task order.
I.6 OTHER CONTRACTORS
The Contractor shall not commit or permit any act that will interfere with the
performance of work by another District contractor or by any District employee.
I.7 SUBCONTRACTS
The Contractor hereunder shall not subcontract any of the Contractor’s work or services
to any subcontractor without the prior written consent of the CO. Any work or service so
subcontracted shall be performed pursuant to a subcontract agreement, which the District
will have the right to review and approve prior to its execution by the Contractor. Any
such subcontract shall specify that the Contractor and the subcontractor shall be subject
to every provision of this contract. Notwithstanding any such subcontract approved by
the District, the Contractor shall remain liable to the District for all Contractor's work and
services required hereunder.
I.8 DEPARTMENT APPROVAL 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 the District
will have the right to review and approve prior to its execution by the Contractor. Any such
subcontract shall specify that the Contractor and its Subcontractor shall be subject to every
provision of this Contract. Notwithstanding any such subcontract approved by the District,
the Contractor shall remain liable to the District for all Contractor's work and services
required hereunder.
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I.9 INSURANCE
A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and
maintain, during the entire period of performance under this contract, the types of
insurance specified below. The Contractor shall submit a Certificate of Insurance to the
Contracting Officer (CO) giving evidence of the required coverage prior to commencing
performance under this contract. In no event shall any work be performed until the
required Certificates of Insurance signed by an authorized representative of the insurer(s)
have been provided to, and accepted by, the CO.
The Government of the District of Columbia shall be included in all policies, where
applicable and allowable by law, required hereunder to be maintained by the Contractor
and its subcontractors (except for workers’ compensation and professional liability
insurance) as an additional insureds for claims against The Government of the District of
Columbia relating to this contract, with the understanding that any affirmative obligation
imposed upon the insured Contractor or its subcontractors (including without limitation
the liability to pay premiums) shall be the sole obligation of the Contractor or its
subcontractors, and not the additional insured. The additional insured status under the
Contractor’s and its subcontractors’ Commercial General Liability insurance policies
shall be effected using the ISO Additional Insured Endorsement form CG 20 10 11 85 (or
CG 20 10 07 04 and CG 20 37 07 04) or such other endorsement or combination of
endorsements providing coverage at least as broad and approved by the CO in writing.
All of the Contractor’s and its subcontractors’ liability policies (except for workers’
compensation and professional liability insurance) shall be endorsed using ISO form CG
20 01 04 13 or its equivalent so as to indicate that such policies provide primary coverage
(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
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resulting therefrom, personal and advertising injury, and including coverage for liability
arising out of an Insured Contract (including the tort liability of another assumed in a
contract) and acts of terrorism (whether caused by a foreign or domestic source). Such
coverage shall have limits of liability of not less than $1,000,000 for each occurrence, and a
$2,000,000 general aggregate.
The Commercial General Liability shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage
using ISO form CG 2015 0413 (or its equivalent) to The Government of the
District of Columbia
b) Coverage available to the additional insureds shall apply on a primary and
non-contributing basis as respects any other insurance, deductibles, or self-
insurance available to the additional insureds.
c) A waiver of subrogation in favor of The Government of the District of
Columbia
d) Any Annual Aggregate shall apply on a per location or per project basis
(where applicable)
e) Defense costs shall be in addition to and not erode the limits of liability.
2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory to
the CO of commercial (business) automobile liability insurance written on ISO form CA
00 01 10 13 (or another form with coverage at least as broad and approved by the CO in
writing) including coverage for all owned, hired, borrowed and non-owned vehicles and
equipment used by the Contractor in connection with work under this agreement, with a
minimum combined single limit of $1,000,000 for bodily injury or death and property
damage, including loss of use thereof. Such policy or policies of automobile liability
insurance shall be written on an "occurrence" (as opposed to a "claims made") basis.
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.
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e. If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened
Coverage for Covered Autos - Business Auto, Motor Carrier, and Truckers (or
its equivalent)
3. Workers’ Compensation Insurance - The Contractor shall provide evidence satisfactory to
the CO of Workers’ Compensation insurance in accordance with the statutory mandates
of the District of Columbia or the jurisdiction in which the contract is performed.
Employer’s Liability Insurance - The Contractor shall provide evidence satisfactory to
the CO of employer’s liability insurance as follows: $500,000 per accident for injury;
$500,000 per employee for disease; and $500,000 for policy disease limit.
The Workers Compensation and Employers Liability shall be further endorsed to:
a) Include a Waiver of Subrogation in favor of The Government of the District of
Columbia.
b) Where applicable, include United States Longshore and Harbor Workers
Compensation Act (USL&H)
c) Where applicable, include Jones Act Coverage for seamen or crew members on
an “if any” basis.
4. Network Security/Privacy (Cyber) Liability Insurance covering acts, errors, omissions,
breach of contract, and violation of any consumer protection laws arising out of
Contractor’s operations or services with a limit of $2,000,000 per claim and in the
aggregate. Such coverage shall include but not be limited to, third party and first party
coverage for loss or disclosure of any data, including personally identifiable information
and payment card information, network security failure, violation of any consumer
protection laws, unauthorized access and/or use or other intrusions, infringement of any
intellectual property rights (except patent), unintentional breach of contract, negligence or
breach of duty to use reasonable care, breach of any duty of confidentiality, invasion of
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
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professional services for the Government of the District of Columbia and that continuous
coverage will be maintained or an extended reporting period will be exercised for a
period of at least ten years after the completion of the professional services. Limits may
not be shared with other lines of coverage.
6. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence
satisfactory to the CO of commercial umbrella or excess liability insurance with
minimum limits of $10,000,000 per occurrence and $10,000,000 in the annual aggregate,
following the form and in excess of all liability policies. All liability coverages must be
scheduled under the umbrella and/or excess policy. The insurance required under this
paragraph shall be written in a form that annually reinstates all required limits. Coverage
shall be primary to any insurance, self-insurance or reinsurance maintained by The
Government of the District of Columbia and the “other insurance” provision must be
amended in accordance with this requirement and principles of vertical exhaustion.
7. Crime Insurance (3rd Party Indemnity) - The Contractor shall provide a Crime policy
including 3rd party fidelity to cover the dishonest acts of Contractors, its employees
and/or volunteers which result in a loss to the District. The Government of the District of
Columbia shall be included as loss payee. The policy shall provide a limit of $15,000 per
occurrence.
8. 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
$2,000,000 per occurrence and $2,000,000 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.
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9. Employment Practices Liability - The Contractor shall provide evidence satisfactory to
the CO with respect to the operations performed to cover the defense of claims arising
from employment related wrongful acts including but not limited to: Discrimination,
Sexual Harassment, Wrongful Termination, Workplace Torts, "Bullying" in "any
location" and "by any means," including the Internet, whether between employees of
contractor or against third parties. Employment Practices Liability coverage must
specifically state Third Party Liability coverage is included. Contractor will indemnify
and defend The Government of the District of Columbia should it be named co-defendant
or be subject to or party of any claim. Coverage shall also extend to Temporary Help
Firms and Independent Contractors hired by Contractor. The policy shall provide limits
of not less than $1,000,000 for each wrongful act and $2,000,000 annual aggregate for
each wrongful act.
10. Installation-Floater Insurance - For projects not involving structural alterations, the
contractor shall provide an installation floater policy with a limit equal to the Property
values being installed as part of the project. The policy shall cover property while located
at the project site, at temporary locations, or in transit; deductibles will be the sole
responsibility of the contractor.
C. SUBCONTRACTOR INSURANCE REQUIREMENTS
Any and all subcontractors engaged by Contractor for work under this agreement shall be
required to have the same insured required of Contractor. Should the Contractor wish to
propose different insurance requirements than outlined below, then, prior to
commencement of work by the subcontractor, the Contractor shall submit in writing the
name and brief description of work to be performed by the subcontractor on the
Subcontractors Insurance Requirement Template provided to the Office of Risk
Management (ORM). ORM will determine the insurance requirements applicable to the
subcontractor and promptly deliver such requirements in writing to the Contractor. In
either instance, the Contractor must provide proof of the subcontractor's required
insurance prior to commencement of work by the subcontractor.
D. PRIMARY AND NONCONTRIBUTORY INSURANCE
The insurance required herein shall be primary to and will not seek contribution from any
other insurance, reinsurance or self -insurance including any deductible or retention,
maintained by the Government of the District of Columbia.
E. DURATION. The Contractor shall carry all required insurance until all contract work is
accepted by The Government of the District of Columbia and shall carry listed coverages
for ten years for construction projects following final acceptance of the work performed
under this contract and two years for non-construction related contracts.
F. LIABILITY. These are the required minimum insurance requirements established by
The Government of the District of Columbia. However, it is understood that The
Government of the District of Columbia does not in any way represent that the insurance
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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. Contractors 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 the Contractor at least 30 days’ notice of the change. Contractor must
comply, at your expense, and deliver to the CO evidence of compliance before the change
becomes effective.
J. CERTIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days
after execution of this Agreement, certificates of insurance evidencing the required
insurance coverage and endorsements required herein. Contractor must also provide us
with evidence of renewal before the expiration date of each insurance policy. Contractor
is responsible for providing us with 30 days advanced written notice if the certificate of
insurance by the insurer has been canceled, reduced in coverage, or otherwise altered.
Certificates of insurance must reference the corresponding contract number. Evidence of
insurance shall be submitted electronically to james.marshall@dc.gov :
The CO may request and the Contractor shall promptly deliver updated certificates of
insurance, endorsements indicating the required coverages, and/or certified copies of the
insurance policies. If the insurance initially obtained by the Contractor expires prior to
completion of the contract, renewal certificates of insurance and additional insured and
other endorsements shall be furnished to the CO prior to the date of expiration of all such
initial insurance. For all coverage required to be maintained after completion, an
additional certificate of insurance evidencing such coverage shall be submitted to the CO
on an annual basis as the coverage is renewed (or replaced).
K. DISCLOSURE OF INFORMATION. The Contractor agrees that The Government of the
District of Columbia may disclose the name and contact information of its insurers to any
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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.10 EQUAL EMPLOYMENT OPPORTUNITY
In accordance with the District of Columbia Administrative Issuance System, Mayor’s
Order 85-85 dated June 10, 1985, the forms for completion of the Equal Employment
Opportunity Information Report are incorporated herein as Attachment J.7. An award
cannot be made to any bidder who has not satisfied the equal employment requirements.
I.11 ORDER OF PRECEDENCE
The contract awarded as a result of this IFB will contain the following clause:
A conflict in language shall be resolved by giving precedence to the document in the
highest order of priority that contains language addressing the issue in question. The
following documents are incorporated into the contract by reference and made a part of
the contract in the following order of precedence:
1. An applicable Court Order, if any
2. Contract Document
3. DGS Standard Contract Provisions
4. Contract attachments other than the Standard Contract Provisions
5. IFB, as amended
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 the
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.
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I.12 CLAIMS & DISPUTES
All Claims and Disputes arising under or relating to this Contract shall be resolved as
provided in the attached SCP (Attachment J.3).
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 the CO, if he or she
determines that the facts justify such action, may receive, consider and adjust any
such claim asserted at any time prior to the date of final settlement of the
contract. If the parties fail to agree upon the adjustment to be made, the dispute
shall be determined as provided in the SCP.
b. The District shall not require the Contractor, and the Contractor shall not require a
subcontractor, to undertake any work that is beyond the original scope of the
contract or subcontract, including work under a District-issued change order,
when the additional work increases the contract price beyond the not-to-exceed
price or negotiated maximum price of this contract, unless the CO:
1. Agrees with Contractor, and if applicable, the subcontractor on a price
for the additional work;
2. Obtains a certification of funding to pay for the additional work;
3. Makes a written, binding commitment with the Contractor to pay for
the additional work within 30-days after the Contractor submits a
proper invoice; and
4. Provides the Contractor with written notice of the funding
certification.
c. The Contractor shall include in its subcontracts a clause that requires the
Contractor to:
1. Within 5 business days of its receipt of notice the approved additional
funding, provide the subcontractor with notice of the amount to be
paid to 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.
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d. Neither the District, Contractor, nor any subcontractor may declare another party
to be in default, or assess, claim, or pursue damages for delays, until the parties to
agree on a price for the additional work.
I.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:
a. The Contractor shall not discriminate against any employee or applicant
for employment because of actual or perceived: race, color, religion,
national origin, sex, age, marital status, personal appearance, sexual
orientation, gender identity or expression, family responsibilities, genetic
information, disability, matriculation, political affiliation, or credit
information. Sexual harassment is a form of sex discrimination which is
prohibited by the Act. In addition, harassment based on any of the above
protected categories is prohibited by the Act.
b. 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, personal 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.
c. 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 paragraphs 19(b)(1) and
(b)(2) concerning non-discrimination and affirmative action.
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d. 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 paragraph 19(b)(2).
e. The Contractor agrees to send to each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the contracting
agency, advising the said labor union or workers’ representative of that
contractor’s commitments under this nondiscrimination clause and the
Act, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
f. 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.
g. 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.
h. The Contractor shall include in every subcontract the equal opportunity
clauses, i.e., paragraphs 19(b)(1) through (b)(9) of this clause, so that such
provisions shall be binding upon each subcontractor.
i. The Contractor shall take such action with respect to any subcontract as the CO
may direct as a means of enforcing these provisions, including sanctions for
noncompliance; provided, however, that in the event the Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the contracting agency, the Contractor may request
the District to enter into such litigation to protect the interest of the District.
I.15 BONDS
I.15.1 Bid Bond
Bidders are required to submit with their bid a bid bond in the amount of five percent (5%)
of total bidding budget, in the form included as Attachment J.13. 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 an Bidder who is awarded the Agreement fails to post a payment and performance
bond for the full value of the Agreement, 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.14 and return, notarized, with the Bidder’s
Proposal.
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I.15.2 Trade Subcontractor Bonds
The Contractor shall require that all trade subcontractors provide a payment and
performance bond 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 Columbia 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 a Payment and
Performance Bond (Attachment J.12)
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.
I.17 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.
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SECTION J
LIST OF ATTACHMENTS
The following list of attachments incorporated into the solicitation and resulting contract by
reference.
Attachment
Number Document
J.1 Hill East Phase II 72” Sewer Relocation and Infrastructure Improvements
Project Specific Attachments
J.1.1 Released for Construction Contract Plans 72” Sewer Relocation
J.1.2 DDOT Standard Specifications for Highways and Structures, 2013 (Gold
Book)
J.1.3 DDOT Standard Drawings -2015
J.1.4 DC Water Standard Specifications -2020
J.1.5 Project Special Provisions
J.1.6 Final Geotechnical Report
J.1.7 A&T Lots and Future ROW Limits
J.1.8 Project Sign
J.1.9 Hill East 2 Exhibit (Bundle 1&2)
J.2 Form of Offer Letter and Schedule of Pay Items
J.3 Department of General Services Standard Contract Provisions General
Provisions Construction Contracts
J.4
U.S. Department of Labor Davis Bacon Wage Determination
DC20240001 01/12/2024 and 29 CFR 5.5 Davis Bacon Provision
J.5 SBE Subcontracting Plan (if required by law)
J.6 Department of Employment Services First Source
J.6.1 First Source Employment Agreement
J.6.2 First Source Employment Plan
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Attachment
Number Document
J.7 Equal Employment Opportunity
Employer Information Report and Mayor’s Order 85-85
J.8 Way to Work Amendment Act of 2006 –
FY 24 Living Wage Notice and Fact Sheet
J.9 Bidder/Offeror Certification
J.10 Conflict of Interest Disclosure Statement
J.11 Release of Lien Form
J.12 Certification to Furnish Performance & Payment Bond
J.13 Bid Bond Form
J.14 Bid Bond Guarantee
J.15 Tax Affidavit
J.16 Campaign Finance Reform Self-Certification
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SECTION K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF BIDDERS
Bidder/Offeror Certification Form (Attachment J.9)
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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.2 BID SUBMISSION DATE AND TIME
Bids must be submitted on or before 2:00pm May 7, 2024
L.3 WITHDRAWAL OR MODIFICATION OF BIDS
A bidder may modify or withdraw its bid upon written or facsimile transmission if
received at the location 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 at the location
designated in the solicitation after the time and date specified above, are “late” and shall
be considered only if they are received before the award is made and any of the following
circumstances apply:
a. The bid or modification was sent by registered or certified mail no later than
five (5) calendar days before the date specified for receipt of bids;
b. It was sent by mail and the contracting officer determines that the late receipt
was due solely to mishandling by the District after receipt at the location
specified in the IFB; or
c. It was sent electronically by the bidder prior to the time and date specified and
there is objective evidence in electronic form confirming that the bid was
received prior to the bid receipt time and date specified.
L.4.2 Postmarks
The only acceptable evidence to establish the date of a late bid, late modification or late
withdrawal sent either by registered or certified mail shall be a U.S. or Canadian Postal
Service postmark on the wrapper or on the original receipt from the U.S. or Canadian
Postal Service. If neither postmark shows a legible date, the bid, modification or
withdrawal shall be deemed to have been mailed late. When the postmark shows the date
but not the hour, the time is presumed to be the last minute of the date shown. If no date
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is shown on the postmark, the bid shall be considered late unless the bidder can furnish
evidence from the postal authorities of timely mailing.
L.4.3 Late Submissions
A late bid, late request for modification or late request for withdrawal shall not be
considered, except as provided in this section.
L.4.4 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.4.5 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
Bids must be submitted to the DGS Portal at
https://octo.quickbase.com/db/bq7rujdk2?a=dbpage&pageID=2%E2%80%9D
no later than 2:00PM May 7, 2024.
L.6 ERRORS IN BIDS
Bidders are expected to read and understand fully all information and requirements
contained in the solicitation; failure to do so will be at the bidder’s risk. In event of a
discrepancy between the unit price and the total price, the unit price shall govern.
L.7 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 4:00pm April 11, 2024 to the attention of James H.
Marshall via the DGS portal at
https://octo.quickbase.com/db/bq7rujdk2?a=dbpage&pageID=2%E2%80%9D
The District may not consider any questions received April 11, 2024. The District will
furnish responses promptly to all other prospective bidders. An amendment to the
solicitation 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.
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L.8 BID PROTESTS
Any actual or prospective bidder or contractor who is aggrieved in connection with the
solicitation or award of a contract, must file with the D.C. Contract Appeals Board
(Board) a protest no later than ten (10) business days after the basis of protest is known or
should have been known, whichever is earlier. A protest based on alleged improprieties
in a solicitation which are apparent prior to bid opening or the time set for receipt of
initial bids shall be filed with the Board prior to bid opening or the time set for receipt of
initial bids. In procurements in which bids are requested, alleged improprieties which do
not exist in the initial solicitation, but which are subsequently incorporated into this
solicitation, must be protested no later than the next closing time for receipt of bids
following the incorporation. The protest shall be filed in writing, with the Contract
Appeals Board, 441 4th Street, N.W., Suite 350N, Washington, D.C. 20001. The
aggrieved person shall also mail a copy of the protest to the Department’s CO, as
designated in this IFB.
L.9 ACKNOWLEDGMENT OF AMENDMENTS
The bidder shall acknowledge receipt of any amendment to this solicitation (a) by signing
and returning the amendment; (b) by identifying the amendment number and date in the
space provided for this purpose in Section A.13 of the solicitation; or (c) by letter or
telegram, including mailgrams. The District must receive the acknowledgment by the
date and time specified for receipt of bids. Bidder’s failure to acknowledge an
amendment may result in rejection of the bid.
L.10 SIGNING OF BIDS
L.10.1 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.10.2 All correspondence concerning the bid or 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 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.11 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 accomplished.
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Bidders will not be relieved from assuming all responsibility for properly estimating the
difficulties and the cost of performing the services required herein due to their failure to
investigate the conditions or to become acquainted with all information, schedules and
liability concerning the services to be performed.
L.12 LEGAL STATUS OF BIDDER
Each bid must provide the following information:
L.12.1 Name, address, telephone number and federal tax identification number of bidder;
L.12.2 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 bid shall certify its intent to obtain the necessary license,
registration or certification prior to contract award or its exemption from such
requirements; and
L.12.3 If the bidder is a partnership or joint venture, the names and addresses of the general
partners or individual members of the joint venture, and copies of any joint venture or
teaming agreements.
L.13 PRE-BID CONFERRENCE
L.13.1 Pre-bid Conference. A Pre-bid conference will be held in person on April 3, 2024,
at 11:00am the Department of General Services Headquarters located at 3924 Minnesota
Avenue NE, Washington, DC 20019. The conference will be held on the first floor in the
Chuck Brown Conference Room. Prospective bidders will be given an opportunity to ask
questions regarding this solicitation at the conference. The purpose of the conference is
to provide a structured and formal opportunity for the District to accept questions from
offerors on the solicitation document as well as to clarify the contents of the solicitation.
Impromptu questions will be permitted, and spontaneous answers will be provided at the
District’s discretion. Verbal answers given at the pre-bid conference are only intended for
general discussion and do not represent the District’s final position. All oral questions
must be submitted in writing following the close of the pre-bid conference but no later than
five working days after the pre-proposal conference in order to generate an official answer.
The District will furnish responses via the Department’s web site. An amendment to the
solicitation will be issued if the CO decides that information is necessary in submitting
proposals, or if the lack of it would be prejudicial to any prospective offeror. Oral
explanations or instructions given by District officials before the award of the contract will
not be binding.
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L.13.2 Site Visit. A Site Visit will be held immediately after the Pre-Bid Conference.
The address is 1900 Massachusetts Avenue SE. Bidders are advised to wait at the parking
lot adjacent to Independence Ave as highlighted below.
L.14 BID OPENING
A public bid opening will be held in person on May 7, 2024, at 3:00pm at the
Department of General Services Headquarters located at 3924 Minnesota Avenue NE,
Washington, DC 20019. The conference will be held on the first floor in the Chuck
Brown Conference Room.
L.15 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. Each certificate of insurance must identify the contract or solicitation number.
L.16 GENERAL STANDARDS OF RESPONSIBILITY
L.16.1 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;
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e. Has a satisfactory record of compliance with the applicable District licensing
and tax laws and regulations;
f. Has a satisfactory record of compliance with the law, including labor and civil
rights laws and rules, and the First Source Employment Agreement Act of
1984, , D.C. Official Code § 2-219.01 et seq., as amended;
g. Has, or has the ability to obtain, the necessary organization, experience,
accounting, and operational control, and technical skills;
h. Has, or has the ability to obtain, the necessary production, construction,
technical equipment, and facilities;
i. Has not exhibited a pattern of overcharging the District;
j. Does not have an outstanding debt with the District or the federal government
in a delinquent status; and
k. Is otherwise qualified and is eligible to receive an award under applicable laws
and regulations.
L.16.2 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.16.3 SPECIAL STANDARDS OF RESPONSIBILITY
The Contractor shall provide documentary evidence of the following:
L.16.3.1 Three (3) projects that it has completed within the past seven (7) years of similar
size, scope and complexity as described in Section C, Scope of Work. Completed shall
mean the final payment has been made by the owner.
L.16.3.1.1 The contractor shall provide a two-page summary of each project to
provide evidence that it meets the requirements described below. The summary
shall also include the general scope, the award date, the completion date, the
award amount plus change orders, the client’s name, and contact information.
L.16.3.1.2 Similar in size shall mean projects completed with a total contract
value (award amount + change orders) between $15,000,000 and $20,000,000.
Each proposed project must meet this size requirement.
L.16.3.1.3 Similar scope shall mean projects that include:
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(a) Coordination with utility companies and construction of utilities
requiring deep trenching and installation of large capacity duct banks for
communications, and power systems.
(i) Provide DC Water approved vendor number.
(b) Constructing tree pits and planting trees and other landscaping features
especially protection of existing trees and new trees.
(c) Disposal of contaminated soil including any pre-construction or
construction related planning or testing in accordance with applicable laws
and regulations.
L.16.3.1.4 Similar complexity shall mean a project undertaken in an urban
environment among other on-going construction projects where close
coordination of adjacent work for safety and maintenance of traffic is necessary.
L.16.3.1.5 Each project must meet the size requirement described in L.16.3.1.2.
However, the projects taken together, must meet all of the requirements of
L.16.3.1.3, and L.16.3.1.4. For example, one project may meet certain
requirements and another project may meet certain other requirements.
L.16.3.2 Provide a one-page background summary of proposed superintendent’s experience. The
proposed superintendent for the project shall have 10 years in increasingly responsible positions
on similar construction projects, as described in L.16.3.1.4, at least three (3) of which are as a
designated superintendent.
L.17 INSTRUCTIONS TO BIDDERS
The Bidder shall complete and include the following with their Bid:
a. Signed page 1 of the IFB
b. The IFB pages 1 – 82 in its entirety
c. Acknowledgement of Amendments (page 1 Section 13)
d. SBE Subcontracting Pan (Attachment J.5)
e. Department of Employment Services Employment First Source Employment
Agreement (Attachment J.6.1) and Employment Plan (Attachment J.6.2)
f. EEO Policy Statement (Attachment J.7);
g. Bidder/Offeror Certification Form (Attachment J.9);
h. Conflict of Interest Disclosure Statement (Attachment J.10)
i. Certification to provide Payment and Performance Bond (Attachment J.12)
j. Bid Bond (Attachment J.13) or Bid Guarantee Attachment J.14)
k. Tax Affidavit - Each Contractor shall submit a tax affidavit provided as
Attachment J.15. In order to be eligible for this procurement, Contractors
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must be in full compliance with their tax obligations to the District of Columbia
government.
l. Campaign Reform Self-Certification (Attachment J.16)
m. Clean Hands Certificate available at https://mytax.dc.gov/_/
n. Response to Special Standards of Responsibility (L.16.3)
L.18 RESTRICTION ON DISCLOSURE AND USE OF DATA
L.18.1 Bidders who include in their bid data that they do not want disclosed to the public
or used by the District except for use in the procurement process shall mark the title
page with the following legend:
"This bid includes data that shall not be disclosed outside the District and shall
not be duplicated, used or disclosed in whole or in part for any purpose except
for use in the procurement process.
If, however, a contract is awarded to this bidder as a result of or in connection
with the submission of this data, the District will have the right to duplicate,
use, or disclose the data to the extent consistent with the District’s needs in the
procurement process. This restriction does not limit the District’s rights to
use, without restriction, information contained in this proposal 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 distribute or
use such information as it determines.
L.21 NO COMPENSATION FOR PREPARATION OF BIDS
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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 electronically 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.
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 insure 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
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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.
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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 the Department of Small and Local Business
Development (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 in response to this IFB as follows:
M.1.1.1 A small business enterprise certified by the DSLBD will receive a three percent (3%)
reduction in the bid price.
M.1.1.2 A resident-owned business certified by DSLBD will receive a five percent (5%)
reduction in the bid price.
M.1.1.3 A longtime resident business certified by DSLBD will receive a ten percent (10%)
reduction in the bid price.
M.1.1.4 A local business enterprise certified by DSLBD will receive a two percent (2%)
reduction in the bid price.
L.1.1.5 A local business enterprise with its principal offices located in an enterprise zone
certified by DSLBD will receive a two percent (2%) reduction in the bid price.
M.1.1.6 A disadvantaged business enterprise certified by DSLBD will receive a two percent
(2%) reduction in the bid price.
M.1.1.7 A veteran-owned business certified by DSLBD will receive a two percent (2%)
reduction in the bid price.
M.1.1.8 A local manufacturing business enterprise certified by DSLBD will receive a two
percent (2%) reduction in the bid price.
M.1.1.9 An equity impact enterprise (“EIE”) certified by DSLBD will receive a ten percent
(10%) reduction in the bid price.
M.1.2 Maximum Preference Awarded
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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.