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MURIEL BOWSER
MAYOR
May 12, 2025
Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1-
204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code §
2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is
proposed Contract No. CWl 21 720 with Alternative Support Apparatus, LLC in the not-to-exceed
amount of$1,793,093.30. The period of performance is one year from the date of the award.
Under the proposed contract, Alternative Support Apparatus, LLC will provide a minimum of
twelve and a maximum of twenty MedStat MS500 off-road ambulance support vehicles for
emergency transport throughout the District.
My administration is available to discuss any questions you may have regarding the proposed
contract. In order to facilitate a response to any questions you may have, please have your staff
contact Marc Scott, Chief Operating Officer, Office of Contracting and Procurement, at (202) 724-
8759.
I look forward to the Council's favorable consideration of this contract.
1
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement
Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Sole Source)
(A) Contract Number: CW121720
Proposed Contractor: Alternative Support Apparatus, LLC (“ASAP”)
Proposed Contractor’s Principals: Scott Daniel Carlisle, President/General Manager
Contract Amount: Minimum $1,075,855.80
Maximum $1,793,093.30
Unit and Method of Compensation: $89,654.65 per vehicle
Term of Contract: One year from date of award
Type of Contract: Indefinite Delivery/Indefinite Quantity
Source Selection Method: Sole Source
(B) For a contract containing option periods, the contract amount for the base period and for
each option period. If the contract amount for one or more of the option periods differs from
the amount for the base period, provide an explanation of the reason for the difference:
Base Period Amount: Minimum $1,075,855.80
Maximum $1,793,093.30
Option Period 1 Amount: $717,237.28
Explanation of difference from base period (if applicable):
The difference is due to fewer vehicles being purchased during the option period.
Option Period 2 Amount: $627,582.55
Explanation of difference from base period (if applicable):
The difference is due to fewer vehicles being purchased during the option period.
Option Period 3 Amount: $537,927.96
2
Explanation of difference from base period (if applicable):
The difference is due to fewer vehicles being purchased during the option period.
Option Period 4 Amount: $448,273.30
Explanation of difference from base period (if applicable):
The difference is due to fewer vehicles being purchased during the option period.
(C) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:
MedStat MS500 off-road ambulance support vehicles.
(D) The date on which a competitive procurement for these goods or services was last conducted,
the date of the resulting award, and a detailed explanation of why a competitive procurement
is not feasible:
This is a sole source contract. ASAP is the sole manufacturer and reseller of MedStat MS500 off-
road ambulance support vehicles, as the enclosed patient compartment is patented and only available
through ASAP.
(E) A description of any bid protest related to the award of the contract, including whether the
protest was resolved through litigation, withdrawal of the protest by the protestor, or
voluntary corrective action by the District. Include the identity of the protestor, the grounds
alleged in the protest, and any deficiencies identified by the District as a result of the protest:
There is no bid protest.
(F) A description of any other contracts the proposed contractor is currently seeking or holds
with the District:
None.
(G) The background and qualifications of the proposed contractor, including its organization,
financial stability, personnel, and performance on past or current government or private
sector contracts with requirements similar to those of the proposed contract:
ASAP has provided high quality off-road emergency response vehicles including Utility Terrain
Vehicle ambulances and bolt-on firefighting units since 2006. The firm has demonstrated evidence
of their satisfactory performance under previous contract number CW105487 executed in August
2023.
ASAP has demonstrated financial stability and the ability to obtain the resources required to
provide the requested vehicles of this contract. The evidence supporting the firm’s financial
stability personnel is demonstrated in the Dun and Brad Street Business Reported dated November
19, 2024.
3
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:
DSLBD provided a subcontracting waiver for this contract.
(H) Performance standards and the expected outcome of the proposed contract:
The contractor shall provide a minimum of twelve and a maximum of twenty MedStat MS500 off-
road ambulance support vehicles for the District of Columbia Fire and Emergency Medical Services
Department in accordance with the proposed contract prices, terms, and conditions.
(I) 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:
No funds have been expended.
(J) 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 there is sufficient funding for the proposed
contract.
(K) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
The contractor has no legal claims pending against the District. The contract action has been
determined to be legally sufficient.
(L) A certification that the Citywide Clean Hands database indicates that the proposed contractor
is current with its District taxes. If the Citywide Clean Hands Database indicates that the
proposed contractor is not current with its District taxes, either: (1) a certification that the
contractor has worked out and is current with a payment schedule approved by the District;
or (2) a certification that the contractor will be current with its District taxes after the District
recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b):
A certification has been issued by the Citywide Clean Hands database indicates that the proposed
contractor is current with its District taxes.
(M) 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:
4
The contractor has self-certified its compliance with its federal taxes.
(N) A certification that the proposed contractor has been determined not to violate section 334a of
the Board of Ethics and Government Accountability Establishment and Comprehensive
Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a; and (2) A
certification from the proposed contractor that it currently is not and will not be in violation
of section 334a of the Board of Ethics and Government Accountability Establishment and
Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a:
The contractor has certified, via the Bidder/Offeror Certification form, that it is: (1) not in violation
of section 334a of the Board of Ethics and Government Accountability Establishment and
Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a; and (2)
currently is not and will not be in violation of section 334a of the Board of Ethics and Government
Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, D.C.
Official Code § 1-1163.34a.
(O) The status of the proposed contractor as a certified local, small, or disadvantaged business
enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
Development and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq.:
The proposed contractor is not a certified small, local, or disadvantaged business enterprise.
(P) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None.
(Q) 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 or excluded from providing services to the District and federal
governments.
(R) Any determination and findings issues relating to the contract’s formation, including any
determination and findings made under D.C. Official Code § 2-352.05 (privatization
contracts):
Determination & Findings for A Sole Source Procurement
Determination & Findings for Price Reasonableness
Determination & Findings for Contractor Responsibility
(S) Where the contract, and any amendments or modifications, if executed, will be made
available online:
5
The contract when executed will be posted on the Office of Contracting and Procurement website –
https://contracts.ocp.dc.gov/
(T) Where the original solicitation, and any amendments or modifications, will be made available
online:
Not applicable.
*
*
* GovernmentoftheDistrictofColumbia
ME —_'liceoftheChiefFinancialOfficer 11014"Street,SWME —OfliceofTaxandRevenue ‘Washington,DC20024
DateofNotice:March28,2025 NoticeNumber:10013956651
ALTERNATIVESUPPORTAPPARATUS,LLC
POBOX556MIDVALEOH 44653-0556
AsreportedintheCleanHandssystem,theabovereferencedindividual/entityhasnooutstandingliabilitywiththeDistrictofColumbiaOfficeofTaxandRevenueortheDepartmentofEmploymentServices.Asofthedateabove,theindividual/entityhascompliedwithDCCode§47-2862,thereforethisCertificateofCleanHandsisissued.
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)
§47-2862PROHIBITIONAGAINST ISSUANCE OF LICENSEOR PERMIT
AuthorizedBy Melinda Jenkins
Branch Chief,Collectionand Enforcement Administration
Tovalidatethiscertificate,pleasevisitMyTax.DC.gov.OntheMyTaxDC homepage,clickthe“Validate a Certificateof Clean Hands” hyperlink under the Clean Hands section.
11014thStreetSW,SuiteW270,Washington,DC20024/Phone:(202)724-S048/MyTax.DCgov
1100 4th Street, S.W. • SUITE 730E • WASHINGTON, D.C. 20024
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ASSOCIATE CHIEF FINANCIAL OFFICER
PUBLIC SAFETY & JUSTICE CLUSTER
MEMORANDUM
TO:
FROM:
DATE:
Nancy Hapeman, Chief Procurement Officer
Office of Contracting and Procurement
David Garner, Associate Chief Financial Officer
Public Safety and Justice Cluster
May 6, 2025
SUBJECT: Funding Availability Certification - Alternative Support Apparatus, LLC - (CW121720)
The Office of the Chief Financial Officer (OCFO) certifies available funding in the Fire and
Emergency Medical Services Department (FEMS) FY25 to FY30 Capital Improvement Plan in
the total amount of $1,076,028 for the purchase of 12 off road ambulance vehicles. Funds have
been committed in PASS under RK265231 in the amount of $538,014 and RK266291 in the
amount of $538,014.
Future orders above the funds available are contingent upon the identification of additional
funding.
If you have any questions concerning this certification, please contact Dan Proudfoot, Agency
Fiscal Officer, at (202) 815-4458.
5/7/2025
400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General
ATTORNEY GENERAL
BRIAN L. SCHWALB
Commercial Division
REVISED MEMORANDUM
TO: Sarina Loy
Deputy Director
Office of Policy and Legislative Affairs
FROM: Robert Schildkraut
Section Chief
Government Contracts Section
DATE: May 12, 2025
SUBJECT: Contractor: Alternative Support Apparatus, LLC
Contract Number: CW12170
Contract Amount: Min. $1,075,855.80; Max: $1,793,093.30
This is to Certify that this Office has reviewed the above- referenced Contract and that we have
found it to be legally sufficient.
If you have any questions in this regard, please do not hesitate to call me at (202) 724-4018.
______________________________
Robert Schildkraut
SOLICITATION, OFFER, AND 41.Caption Page“rT.
34
AWARD Off-roadAmbulancesSupportVehicles 4
2.ContractNumberCW121720| 3.SolicitationNumber 4.TypeofSolicitation 5.DateIssued—_| 6.TypeofMarket
‘SealedBid(IFB) Openess set‘SealedProposals(RFP) AsideOpenwithX_| SoleSource ‘Sub-ContractingHumanCareAgreements SetAside
cwi21720 NA Emergen NA.7:1ssuedBy: '8.AddressOfferto
OfficeofContractingandProcurement OfficeofContractingandProcurementTransportationandSpecialtyEquipmentCommodityGroup TransportationandSpecialtyEquipmentCommodityGroup200014”Street,NW,6”Floor ‘Attn:ToniaC.Nixon;Tonianixon@de.gov‘Washington,DC20009 200014”Street,NW,6”Floor‘Washington,DC 20009
NOTE:Inseatedbidsolistatons“offerandofferormeans"ud"andbidder
SOLICITATION
9.OffersmustbereceivedintheE-Sourcingsystempriortotheeventclosingdateandtime.CAUTION:LateSubmissions,ModificationsandWithdrawals:See27DCMRchapters15&16asappicable.Alloffersaresubjecttoalterms&Conditionscontainedinthissolicitation
10.Foinformation ~Name B.Telephone C.E-malAdsressContactge (AreaCode) (NambenToniaC.Nixon 202 202.724.4946| Toniankon@dcaov_|
OFFER
Ti.AcknowedgementofAmendments| AmendmentNumber Date ‘AmendmentNumber| Date
(Theofferoracknowledgesreceiptof‘amendmentstotheSOLICITATION):
TA 3ANameandTieofPersonAuthorizedt SonName and AlternativeSupportApparatus,LLC OfferiContractor
‘AddressofOfferor| 5609GundyDrive Scott Carhil
Midvale,Ohio44653 Sc le
738.Email
ScarlisleQ asap D//con
a soecn = 2 LTS :Bremen [As aeasAWARD (TO BE COMPLETED BY GOVERNMENT)
16,AcceptedastoItemsNumbered 417.Amount 18.AccountingandAppropriation
CLINs0001-4001 MIN:$1,075,85580;MAX:$1,793,093.3018.NameofGoniractingOffcer(TypeorPrint) 21,SignatureofContractingOfficer(DistictofColumbia)| 22.AwardDate
ToniaC.Nixon
= covemmentoftheDistrictofColumbia PSP onceofcontacting& Procurement
Page 2 of 35
CW121720 – Off The Road Support Vehicles
SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST
B . 1 The District of Columbia Office of Contracting and Procurement, on behalf of Fire and
Emergency Medical Services (FEMS)
requires the authorized contractor
to provide a minimum of Twelve (12) and a maximum of Twenty (20) MedStat MS500
Off-road Ambulance Support Vehicles.
B . 2 Type of award is Indefinite Delivery-Indefinite Quantity (IDIQ) contract.
B . 3 INDEFINITE DELIVERY
INDEFINITE QUANTITY (IDIQ) CONTRACT
This is an IDIQ contract for the supplies or services specified, and effective for the period
stated.
a) Delivery or performance shall be made only as authorized by orders issued in
accordance with the Ordering Clause, Section G.10. The Contractor shall furnish to
the District, when and if ordered, the supplies or services specified in the Schedule
up to and including the maximum quantity of Twenty (20). The District will order
at least the minimum quantity of twelve (12) MedStat MS500 – Off-road
Ambulance Support Vehicles.
b) There is no limit on the number of orders that may be issued. The District may
issue orders requiring delivery to multiple destinations or performance at multiple
locations.
c) Any order issued during the effective period of this contract and not completed
within that period shall be completed by the Contractor within the time specified in
the order. The contract shall govern the Contractor's and District's rights and
obligations with respect to that order to the same extent as if the order were
completed during the contract's effective period; provided that the contractor shall
not be required to make any deliveries under this contract after one year of issuance
of a Purchase Order.
B.4.1 PRICE SCHEDULE – IDIQ
B.4.2 BASE YEAR
Contract
Line Item
No.
(CLIN)
Item Description Price Per
Unit
Quantity
Minimum
Minimum
Total Price
(Unit price X
Minimum qty)
Quantity
Maximum
Maximum
Total Price
(Unit price X
Maximum qty)
0001 MedStat MS500 Off-road
Ambulances Support
Vehicles
89,654.65 12 $1,075,855.80 20 $1,793,093.30
TOTAL AMOUNT $1,075,855.80 $1,793,093.30
Page 3 of 35
CW121720 – Off The Road Support Vehicles
B.4.3 OPTION YEAR 1
Contract
Line Item
No.
(CLIN)
Item Description Price Per
Unit
Quantity
Minimum
Minimum
Total Price
(Unit price X
Minimum qty)
Quantit
y
Maxim
um
Maximum
Total
Price (Unit
price X
Maximum
qty)
1001 MedStat MS500 Off-road
Ambulances Support Vehicles
$89,654.65 1 $89,654.65 8 $717,237.20
TOTAL AMOUNT $89,654.65 $717,237.20
B.4.5 OPTION YEAR 2
Contract
Line Item
No.
(CLIN)
Item Description Price Per
Unit
Quantity
Minimum
Minimum
Total Price
(Unit price X
Minimum qty)
Quantit
y
Maxim
um
Maximum
Total
Price (Unit
price X
Maximum
qty)
2001 MedStat MS500 Off-road
Ambulances Support Vehicles
$89,654.65 1 $89,654.65 7 $627,582.55
TOTAL AMOUNT $89,656.65 $627,582.55
B.4.6 OPTION YEAR 3
Contract
Line Item
No.
(CLIN)
Item Description Price Per
Unit
Quantity
Minimum
Minimum
Total Price
(Unit price X
Minimum qty)
Quantit
y
Maxim
um
Maximum
Total
Price (Unit
price X
Maximum
qty)
3001 MedStat MS500 Off-road
Ambulances Support Vehicles
$89,654.65 1 $89,654.65 6 $537,927.90
TOTAL AMOUNT $89,654.65 $537,927.90
Page 4 of 35
CW121720 – Off The Road Support Vehicles
B.4.7 OPTION YEAR 4
Contract
Line Item
No.
(CLIN)
Item Description Price Per
Unit
Quantity
Minimum
Minimum
Total Price
(Unit price X
Minimum qty)
Quantit
y
Maxim
um
Maximum
Total Price
(Unit price
X
Maximum
qty)
4001 MedStat MS500 Off-road
Ambulances Support
Vehicles
$89,654.65 1 $89,654.65 5 $448,273.25
TOTAL AMOUNT $89,654.65 $448,273.25
B.5.1 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01 et seq.
Nonprofit organizations, as defined in the Act, shall include in their rates the indirect costs
incurred in 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.5.2; 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.5.2 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.5.3 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.
Page 5 of 35
CW121720 – Off The Road Support Vehicles
SECTION C: SPECIFICATIONS/WORK STATEMENT
C.1 SCOPE:
The District of Columbia Office of Contracting and Procurement (OCP), on behalf of the
Fire and Emergency Medical Services (FEMS)
requires the authorized
contractor to provide a minimum of Twelve and up to a maximum of Twenty MedStat
MS500 Off-Road Ambulance Support Vehicles.
C.2 REQUIREMENTS
C . 2 . 1 The Contractor shall supply vehicles that meet the specifications stated in their quote.
The Contractor shall provide components, assembly and accessories under this contract
that shall meet or exceed the requirements of these specifications. All chassis items shall
be as represented in t
Special bodies or
mounted equipment shall be as represented in the body and equipment manufact
s
technical data. The chassis model furnished shall not be older than the chassis
manufacturer’s current model on the date of issuance of this solicitation.
C . 2 . 2 Estimated delivery timeframe for any MedState MS 500 order is up to 24 months after receipt of
purchase order.
.
SECTION D: PACKAGING AND MARKING
D.1 The packaging and marking requirements for this contract shall be governed by clause
number (2), Shipping Instructions -Consignment, of the Government of the District of
Columbia's Standard Contract Provisions for use with Supplies and Services Contracts,
dated July 2010. (Attachment J.1)
SECTION E: INSPECTION AND ACCEPTANCE
E.1 The inspection and acceptance requirements for this contract shall be governed by clause
number five Inspection of Supplies of the Government of the District of Columbia's
Standard Contract Provisions for use with Supplies and Services Contracts, dated July
2010. (Attachment J.1)
E.2 Representatives of the Government of the District of Columbia shall perform inspection
of the vehicle to be furnished under this order at the
s destination to ensure that
the vehicle meets the required specifications prior to acceptance.
Page 6 of 35
CW121720 – Off The Road Support Vehicles
SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES
F.1 TERM OF CONTRACT
The term of the contract shall be for a period of one year from date of award through one year
thereafter.
F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT
F.2.1 The District may extend the term of this contract for a period of four (4) one option periods, or
successive fractions thereof, by written notice to the Contractor before the expiration of the contract;
provided that the District will give the Contractor preliminary written notice of its intent to extend at
least thirty (30) days before the contract expires. The preliminary notice does not commit the District to
an extension. The exercise of this option is subject to the availability of funds at the time of the exercise
of this option. The Contractor may waive the thirty (30) day preliminary notice requirement by
providing a written waiver to the Contracting Officer prior to expiration of the contract.
F.2.2 If the District exercises this option, the extended contract shall be considered to include this option
provision.
F.2.3 The price for the option period shall be as specified in Section B of the contract.
F.2.4 The total duration of this contract, including the exercise of any options under this clause, shall not
exceed five years.
F.3. DELIVERY LOCATION
F.3.1 The Contractor shall deliver the vehicles to the following
address:
Fire and Emergency Medical Services
1103 Half Street SW
Washington, DC 20024
F.3.2 The Contractor shall provide a 48-hour pre-delivery notice to Jim Hanson, Contract
Administrator, at (202) 673-3240 / Cell No. (202) 345-7117.
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.
Page 7 of 35
CW121720 – Off The Road Support Vehicles
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 create and submit payment requests in an electronic format through
the DC Vendor Portal, https://vendorportal.dc.gov.
G.2.2 The Contractor shall submit proper invoices on a monthly basis or as otherwise specified
in Section G.4.
G.2.3 To constitute a proper invoice, the Contractor shall enter all required information into the
Portal after selecting the applicable purchase order number which is listed on the
Contractor’s profile.
Page 8 of 35
CW121720 – Off The Road Support Vehicles
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
compliance with 51% District Residents New Hires Requirements and First Source
Employment Agreement requirements.
G.4 PAYMENT
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:
c) "Payment will be made on completion and acceptance of each item for which the
price is stated in the Schedule in Section B".
d) 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.
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
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).”
Page 9 of 35
CW121720 – Off The Road Support Vehicles
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% 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 this 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 before:
G.6.1.2.1 3rd day after the required payment date for meat or a meat product;
G.6.1.2.2 5th day after the required payment date for an agricultural commodity; or
G.6.1.2.3 15th day after any other required payment date.
G.6.1.3 Any amount of an interest penalty which remains unpaid at the end of any 30 -day
period shall be added to the principal amount of the debt and thereafter interest
penalties shall accrue on the added amount.
G.6.2 Payments to Subcontractors
G.6.2.1 The Contractor shall 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
Page 10 of 35
CW121720 – Off The Road Support Vehicles
G.6.2.1.2 Notify the CO and the subcontractor(s), in writing, of the Contractor
intention to
withhold all or part of the subcontractor
t and state the reason for the
nonpayment.
G.6.2.2 The Contractor shall pay subcontractors or suppliers 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% per month. No interest penalty shall be paid on the following if
payment for the completed delivery of the item of property or service is made on or
before the:
G.6.2.2.1 3rd day after the required payment date for meat or a meat product;
G.6.2.2.2 5th day after the required payment date for an agricultural commodity; or
G.6.2.2.3 15th day after any other required payment date.
G.6.2.3 Any amount of an interest penalty which remains unpaid by the Contractor at the end
of any 30 -day period shall be added to the principal amount of the debt to the
subcontractor and thereafter interest penalties shall accrue on the added amount.
G.6.2.4 A dispute between the Contractor and subcontractor relating to the amounts or
entitlement of a subcontractor to a payment or a late payment interest penalty under
the Quick Payment Act does not constitute a dispute to which the District is a party.
The District may not be interpleaded in any judicial or administrative proceeding
involving such a dispute.
G.6.3 Subcontract requirements
G.6.3.1 The Contractor shall include in each subcontract under this contract a provision
requiring the subcontractor to include in its contract with any lower-tier subcontractor
or supplier the payment and interest clauses required under paragraphs (1) and (2) of
D.C. Official Code § 2-221.02(d).
G.6.3.2 The Contractor shall include in each subcontract under this contract a provision that
obligates the Contractor, at the election of the subcontractor, to participate in
negotiation or mediation as an alternative to administrative or judicial resolution of a
dispute between them.
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:
Tonia C. Nixon
Office of Contracting and Procurement
Transportation and Specialty Equipment Commodity Group
2000 14th Street, NW, 6th Floor.
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Washington, DC 20009
Email: tonia.nixon@dc.gov
G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER
G.8.1 The CO is the only person authorized to approve changes in any of the requirements of
this contract.
G.8.2 The Contractor shall not comply with any order, directive or request that changes or
modifies the requirements of 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 ADMINISTRATOR (CA)
G.9.1 The CA is responsible for general administration of the contract and advising the CO as
to the Co
compliance or noncompliance with the contract . The CA has the
responsibility of ensuring the work conforms to the requirements of the contract and such
other responsibilities and authorities as may be specified in the contract. These include:
G.9.1.1 Keeping the CO fully informed of any technical or contractual difficulties
encountered during the performance period and advising the CO of any potential
problem areas under the contract;
G.9.1.2 Coordinating site entry for Contractor personnel, if applicable;
G.9.1.3 Reviewing invoices for completed work and recommending approval by the CO if the
prices and costs are consistent with the contractual amounts and progress
is satisfactory and commensurate with the rate of expenditure;
G.9.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and
services. This includes the timely processing of invoices and vouchers in accordance
with the Diment provisions; and
G.9.1.5 Maintaining a file that includes all contract correspondence, modifications, records of
inspections (site, data, equipment) and invoice or vouchers.
G.9.1.6 The address and telephone number of the CA is:
Jim Hanson
Fire & Emergency Medical Services (FEMS)
1103 Half Street SW
Washington DC 20024
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G.9.2 The CA shall NOT have the authority to:
1) Award, agree to, or sign any contract, delivery order or task order. Only the CO shall
make contractual agreements, commitments or modifications;
2) Grant deviations from or waive any of the terms and conditions of the contract;
3) Increase the dollar limit of the contract or authorize work beyond the dollar limit of
the contract,
4) Authorize the expenditure of funds by the Contractor;
5) Change the period of performance; or
6) Authorize the use of District property, except as specified under the contract.
G.9.3 The Contractor will be fully responsible for any changes not authorized in advance, in
writing, by the CO; may be denied compensation or other relief for any additional work
performed that is not so authorized; and may also be, at no additional cost to the District,
to take all corrective action necessitated by reason of the unauthorized changes.
G.10 ORDERING CLAUSE
G.10.1 Any supplies and services to be furnished under this contract must be ordered by issuance
of delivery orders or task orders by the CO. Such orders may be issued during the term of
this contract.
G.10.2 All delivery orders or task orders are subject to the terms and conditions of this contract.
In the event of a conflict between a delivery order or task order and this contract, the
contract shall control.
G.10.3 If mailed, a delivery order or task order is considered "issued" when the District deposits
the order in the mail. Orders may be issued by facsimile or by electronic commerce
methods.
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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 Depa rtment of
Employment Services (DOES ) for jobs created as a result of this contract. The DOES
shall be the Contractor’s first source of referral for qualified apprentices and trainees in
the implementation of employment goals contained in this clause.
H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS
The Contractor shall be bound by the Wage Determination No. 2015-4281, Revision 25
dated December 27, 2022, issued by the U.S. Department of Labor in accordance with the
Service Contract Act, 41 U.S.C. § 351 et seq ., and incorporated herein as Section J.2 .
The Contractor shall be bound by the wage rates for the term of the contract subject to
revision as stated herein and in accordance with clause 24 of the SCP . If an option is
exercised, the Contractor shall be bound by the applicable wage rates at the time of the
exercise of the option. If the option is exercised and the CO obtains a revised wage
determination, the revised wage determination is applicable for the option periods and the
Contractor may be entitled to an equitable adjustment.
H.3 PREGNANT WORKERS FAIRNESS
H.3.1 The Contractor shall comply with the Protecting Pregnant Workers Fairness Act of 2016,
D.C. Official Code § 32-1231.01 et seq. (PPWF Act).
H.3.2 The Contractor shall not:
(a) Refuse to make reasonable accommodations to the known limitations related to
pregnancy, childbirth, related medical conditions, or breastfeeding for an employee,
unless the Contractor can demonstrate that the accommodation would impose an
undue hardship;
(b) Take an adverse action against an employee who requests or uses a reasonable
accommodation in regard to the employee's conditions or privileges of employment,
including failing to reinstate the employee when the need for reasonable
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accommodations ceases to the employee's original job or to an equivalent position
with equivalent:
(1) Pay;
(2) Accumulated seniority and retirement;
(3) Benefits; and
(4) Other applicable service credits;
(c) Deny employment opportunities to an employee, or a job applicant, if the denial is
based on the need of the employer to make reasonable accommodations to the known
limitations related to pregnancy, childbirth, related medical conditions, or
breastfeeding;
(d) Require an employee affected by pregnancy, childbirth, related medical conditions, or
breastfeeding to accept an accommodation that the employee chooses not to accept if
the employee does not have a known limitation related to pregnancy, childbirth,
related medical conditions, or breastfeeding or the accommodation is not necessary
for the employee to perform her duties;
(e) Require an employee to take leave if a reasonable accommodation can be provided; or
(f) Take adverse action against an employee who has been absent from work as a result
of a pregnancy-related condition, including a pre-birth complication.
H.3.3 The Contractor shall post and maintain in a conspicuous place a notice of rights in both
English and Spanish and provide written notice of an employee's right to a needed
reasonable accommodation related to pregnancy, childbirth, related medical conditions,
or breastfeeding pursuant to the PPWF Act to:
(a) New employees at the commencement of employment;
(b) Existing employees; and
(c) An employee who notifies the employer of her pregnancy, or other condition covered
by the PPWF Act, within 10 days of the notification.
H.3.4 The Contractor shall provide an accurate written translation of the notice of rights to any
non-English or non-Spanish speaking employee.
H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.
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H.4 UNEMPLOYED ANTI-DISCRIMINATION
H.4.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012,
D.C. Official Code § 32-1361 et seq.
H.4.2 The Contractor shall not:
(a) Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an
employee because of the individual's status as unemployed; or
(b) Publish, in print, on the Internet, or in any other medium, an advertisement or
announcement for any vacancy in a job for employment that includes:
(1) Any provision stating or indicating that an individual's status as unemployed
disqualifies the individual for the job; or
(2) Any provision stating or indicating that an employment agency will not consider
or hire an individual for employment based on that individual's status as unemployed.
H.4.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties
as described in the Act.
H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST
SOURCE EMPLOYMENT AGREEMENT
Delete Article 35, 51% District Residents New Hires Requirements and First Source
Employment Agreement , of the Standard Contract Provisions dated July 2010 for use
with District of Columbia Government Supplies and Services Contracts and substitute the
following Section H.5 51% DISTRICT RESIDENTS NEW HIRES
REQUIREMENTS AND FIRST SOURCE EMPLOYMENT AGREEMENT in its
place:
H.5a 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 and maintain during the term of the contract, a First Source
Employment Agreement (Employment Agreement) with the District of Columbia
Department of Employment Service’s (DOES), in which the Contractor shall agree that:
(a) The first source for finding employees to fill all jobs created in order to perform the
contract shall be the First Source Register; and
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(b) The first source for finding employees to fill any vacancy occurring in all jobs
covered by the Employment Agreement shall be the First Source Register.
H.5.3 The Contractor shall not begin performance of the contract until its Employment
Agreement has been accepted by DOES. Once approved, the Employment Agreement
shall not be amended except with the approval of DOES.
H.5.4 The Contractor agrees that at least 51% of the new employees hired to perform the
contract shall be District residents.
H.5.5 The Contractor’s hiring and reporting requirements under the First Source Act and any
rules promulgated thereunder shall continue for the term of the contract.
H.5.6 The CO may impose penalties, including monetary fines of 5% of the total amount of the
direct and indirect labor costs of the contract, for a willful breach of the Employment
Agreement, failure to submit the required hiring compliance reports, or deliberate
submission of falsified data.
H.5.7 If the Contractor does not receive a good faith waiver, the CO may also impose an
additional penalty equal to 1/8 of 1% of the total amount of the direct and indirect labor
costs of the contract for each percentage by which the Contractor fails to meet its hiring
requirements.
H.5.8 Any contractor which violates, more than once within a 10 -year timeframe, the hiring or
reporting requirements of the First Source Act shall be referred for debarment for not
more than five (5) years.
H.5.9 The contractor may appeal any decision of the CO pursuant to this clause to the D.C.
Contract Appeals Board as provided in clause 14 of the SCP, Disputes.
H.5.10 The provisions of the First Source Act do not apply to nonprofit organizations which
employ 50 employees or less.
H.6 RESERVED
H.7 RESERVED
H.8 RESERVED
H.9 SUBCONTRACTING REQUIREMENTS
H.9.1 Subcontracting Requirements
H.9.1.1 The Director of the Department of Small and Local Business Development (DSLBD)
has approved a waiver of the mandatory subcontracting requirements for this contract.
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H.9.1.2 A prime contractor that is a CBE and has been granted a bid preference pursuant to
D.C. Official Code § 2 -218.43, or is selected through a set -aside program, shall
perform at least 35% of the contracting effort with its own organization and resources
and, if it subcontracts, 35% of the subcontracting effort shall be with CBEs. A CBE
prime contractor that performs less than 35% of the contracting effort shall be subject
to enforcement actions under D.C. Official Code § 2-218.63.
H.9.1.3 A prime contractor that is a certified joint venture and has been granted a bid
preference pursuant to D.C. Official Code § 2 -218.43, or is selected through a set -
aside program, shall perform at least 50% of the contracting effort with its own
organization and resources and, if it subcontracts, 35% of the subcontracting effort
shall be with CBEs. A certified joint venture prime contractor that performs less than
50% of the contracting effort shall be subject to enforcement actions under D.C.
Official Code § 2-218.63.
H.9.1.4 Each CBE utilized to meet these subcontracting requirements shall perform at least
35% of its contracting effort with its own organization and resources.
H.9.1.5 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.10 FAIR CRIMINAL RECORD SCREENING
H.10.1 The Contractor shall comply with the provisions of the Fair Criminal Record Screening
Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20 -152) (“Act” as
used in this section). This section applies to any employment, including employment on
a temporary or contractual basis, where the physical location of the employment is in
whole or substantial part within the District of Columbia.
H.10.2 Prior to making a conditional offer of employment, the Contractor shall not require an
applicant for employment , or a person who has requested consideration for employment
by the Contractor, to reveal or disclose an arrest or criminal accusation that is not then
pending or did not result in a criminal conviction.
H.10.3 After making a conditional offer of employment, the Contractor may require an applicant
to disclose or reveal a criminal conviction.
H.10.4 The Contractor may only withdraw a conditional offer of employment, or take adverse
action against an applicant, for a legitimate business reason as described in the Act.
H.10.5 This section and the provisions of the Act shall not apply:
(a) Where a federal or District law or regulation requires the consideration of an
applicant’s criminal history for the purposes of employment;
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(b) To a position designated by the employer as part of a federal or District government
program or obligation that is designed to encourage the employment of those with
criminal histories;
(c) To any facility or employer that provides programs, services, or direct care to,
children, youth, or vulnerable adults; or
(d) To employers that employ less than 11 employees.
H.10.6 A person claiming to be aggrieved by a violation of the Act may file an administrative
complaint with the District of Columbia Office of Human Rights, and the Commission on
Human Rights may impose monetary penalties against the Contractor.
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SECTION I: CONTRACT CLAUSES
I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS
The Standard Contract Provisions for use with District of Columbia Government
Supplies and Services Contracts dated July 2010 (SCP) are incorporated as part of the
contract. To obtain a copy of the SCP go to http://ocp.dc.gov, under Quick Links click
on “Required Solicitation Documents”.
I.2 CONTRACTS THAT CROSS FISCAL YEARS
Continuation of this contract beyond the current fiscal year is contingent upon future
fiscal appropriations.
I.3 CONFIDENTIALITY OF INFORMATION
The Contractor shall keep all information relating to any employee or customer of the
District in absolute confidence and shall not use the information in connection with any
other matters; nor shall it disclose any such information to any other person, firm or
corporation, in accordance with the District and federal laws governing the
confidentiality of records.
I.4 TIME
Time, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless
otherwise stated herein.
I.5 RIGHTS IN DATA
Delete clause 42, Rights in Data, of the Standard Contract Provisions dated July 2010 for
use with District of Columbia Government Supplies and Services Contracts and
substitute the following clause 42, Rights in Data) in its place:
A. Definitions
1. “Products” - A deliverable under any contract that may include commodities, services
and/or technology furnished by or through 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.
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2. “ Existing Products ” - Tangible Products and intangible licensed Products that exist
prior to the commencement of work under the contract. Existing Products must be
identified on the Product prior to commencement of work or else will be presumed to be
Custom Products.
3. “ Custom Products ” - Products, preliminary, final or otherwise, which are created or
developed by Contractor, its subcontractors, partners, employees, resellers or agents for
the District under the contract.
4. “District” – The District of Columbia and its agencies.
B. Title to Project Deliverables
The Contractor acknowledges that it is commissioned by the District to perform services
detailed in the contract. The District shall have ownership and rights for the duration set
forth in the contract to use, copy, modify, distribute, or adapt Products as follows:
1. Existing Products: Title to all Existing Licensed Product(s), whether or not embedded
in, delivered or operating in conjunction with hardware or Custom Products, shall remain
with Contractor or third party proprietary owner, who retains all rights, title and interest
(including patent, trademark or copyrights). Effective upon payment, the District shall be
granted an irrevocable, non -exclusive, worldwide, paid -up license to use, execute,
reproduce, display, perform, adapt (unless 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, Contractor shall convey, assign,
and transfer to the District the sole and exclusive rights, title a nd interest in Custom
Products, whether preliminary, final or otherwise, including all patent, trademark , and
copyrights. 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 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
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
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upon any data furnished under this contract, or based upon libelous or other unlawful
matter contained in such data.
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 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,
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including any deductible or retention, maintained by an Additional Insured) for all claims
against the additional insured arising out of the performance of this Statement of Work by
the Contractor or its subcontractors, or anyone for whom the Contractor or its
subcontractors may be liable. These policies shall include a separation of insureds clause
applicable to the additional insured.
If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits
than the minimums shown below, the District requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor and subcontractors.
B. INSURANCE REQUIREMENTS
1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide
evidence satisfactory to the CO with respect to the services performed that it carries a
CGL policy, written on an occurrence (not claims-made) basis, on Insurance Services
Office, Inc. (“ISO”) form CG 00 01 04 13 (or another occurrence-based form with
coverage at least as broad and approved by the CO in writing), covering liability for all
ongoing and completed operations of the Contractor and under all subcontracts, covering
claims for bodily injury, including without limitation sickness, disease or death and
mental anguish of any persons, broad form property damage, including loss of use
resulting therefrom, personal and advertising injury, and including coverage for liability
arising out of an Insured Contract (including the tort liability of another assumed in a
contract) and acts of terrorism (whether caused by a foreign or domestic source). Such
coverage shall have limits of liability of not less than $1,000,000 each occurrence, a
$2,000,000 general aggregate.
The Commercial General Liability shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage
using ISO form CG 2015 0413 (or it’s 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
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writing) including coverage for all owned, hired, borrowed and non-owned vehicles and
equipment used by the Contractor in connection with work under this agreement, with a
minimum combined single limit of $1,000,000 for bodily injury or death and property
damage, including loss of use thereof. Such policy or policies of automobile liability
insurance shall be written on an "occurrence" (as opposed to a "claims made") basis.
Auto Physical Damage Coverage - The Contractor shall provide auto physical damage
insurance to cover "loss" to a covered "auto" or its equipment:
a) Comprehensive - Fire, lightning or explosion; theft; windstorm, hail or
earthquake; flood; mischief or vandalism; or the sinking, burning, collision or
derailment of any conveyance transporting the covered "auto".
b) Collision Coverage - Caused by: The covered "auto's" collision with another
object or the covered "auto's" overturn.
The Commercial Auto Liability policy shall be further endorsed to:
a. To the fullest extent permitted by law, provide additional insured coverage to
The Government of the District of Columbia
b. Coverage available to the additional insureds shall apply on a primary and
non-contributing basis as respects any other insurance, deductibles, or self-
insurance available to the additional insureds
c. A waiver of subrogation in favor of The Government of the District of
Columbia
d. Defense costs shall be in addition to and not erode the limits of liability
e. If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened
Coverage for Covered Autos - Business Auto, Motor Carrier and Truckers (or
it’s 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)
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c) Where applicable, include Jones Act Coverage for seamen or crew members on
an “if any” basis.
4. Technology Liability, Media Liability and 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 $1,000,000 per claim and in the aggregate. Such coverage shall include but not be
limited to, third party and first party coverage for loss or disclosure of any data, including
personally identifiable information and 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. 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 $2,000,000 per occurrence and $2,000,000 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.
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
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Management (ORM). ORM will determine the insurance requirements applicable to the
subcontractor and promptly deliver such requirements in writing to the Contractor. In
either instance, the Contractor must provide proof of the subcontractor's required
insurance prior to commencement of work by the subcontractor.
D. PRIMARY AND NONCONTRIBUTORY INSURANCE
The insurance required herein shall be primary to and will not seek contribution from any
other insurance, reinsurance or self -insurance including any deductible or retention,
maintained by the Government of the District of Columbia.
E. DURATION. The Contractor shall carry all required insurance until all contract work is
accepted by The Government of the District of Columbia and shall carry listed coverages
for ten years for construction projects following final acceptance of the work performed
under this contract and two years for non-construction related contracts.
F. LIABILITY. These are the required minimum insurance requirements established by
The Government of the District of Columbia. However, it is understood that The
Government of the District of Columbia does not in any way represent that the insurance
or the limits of insurance specified herein are sufficient or adequate to protect your
interests or liabilities and will not in any way limit the contractor’s liability under this
contract.
G. CONTRACTOR’S PROPERTY. Contractor and subcontractors are solely responsible
for any loss or damage to their personal property, including but not limited to tools and
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
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Term by giving Contractor at least 30 days’ notice of the change. Contractor must
comply, at your expense, and deliver to the CO evidence of compliance before the change
becomes effective.
J. CERTIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days
after execution of this Agreement, certificates of insurance evidencing the required
insurance coverage and endorsements required herein. Contractor must also provide us
with evidence of renewal before the expiration date of each insurance policy. Contractor
is responsible for providing us with 30 days advanced written notice if the certificate of
insurance by the insurer has been canceled, reduced in coverage, or otherwise altered. .
Certificates of insurance must reference the corresponding contract number. Evidence of
insurance shall be submitted to:
The Government of the District of Columbia
Tonia C. Nixon, Chief Contracting Officer
Office of Contracting and Procurement (OCP)
2000 14th Street NW 6th Floor
Washington, DC 2000
(202) 671-0470
Tonia.Nixon@dc.gov
The CO may request and the Contractor shall promptly deliver updated certificates of
insurance, endorsements indicating the required coverages, and/or certified copies of the
insurance policies. If the insurance initially obtained by the Contractor expires prior to
completion of the contract, renewal certificates of insurance and additional insured and
other endorsements shall be furnished to the CO prior to the date of expiration of all such
initial insurance. For all coverage required to be maintained after completion, an
additional certificate of insurance evidencing such coverage shall be submitted to the CO
on an annual basis as the coverage is renewed (or replaced).
K. DISCLOSURE OF INFORMATION. The Contractor agrees that The Government of
the District of Columbia may disclose the name and contact information of its insurers to
any third party which presents a claim against The Government of the District of
Columbia for any damages or claims resulting from or arising out of work performed by
the Contractor, its agents, employees, servants or subcontractors in the performance of
this contract.
L. CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in
connection with this contract shall be written by insurance companies with an A.M. Best
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.
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M. WARRANTIES. When applicable, the Contractor should be named as an additional
insured on the applicable manufacturer’s/distributer’s Commercial General Liability
policy using Insurance Services Office, Inc. (“ISO”) form CG 20 15 04 13 (or another
occurrence-based form with coverage at least as broad). CO should collect, review for
accuracy, and maintain all warranties for goods and services.
I.9 EQUAL EMPLOYMENT OPPORTUNITY
In accordance with the District of Columbia Administrative Issuance System, Mayor’s
Order 85 -85 dated June 10, 1985, the forms for completion of the Equal Employment
Opportunity Information Report are incorporated herein as Section J.3. An award cannot
be made to any bidder who has not satisfied the equal employment requirements.
I.10 RESERVED
I.11 DISPUTES
Delete clause 14, Disputes, of the Standard Contract Provisions dated July 2010 for use
with District of Columbia Government Supplies and Services Contracts and substitute the
following clause 14, Disputes, in its place:
14. Disputes
All disputes arising under or relating to the contract shall be resolved as provided herein.
(a) Claims by the Contractor against the District : Claim, as used in paragraph (a) of
this clause, means a written assertion by the Contractor seeking, as a matter of right,
the payment of money in a sum certain, the adjustment or interpretation of contract
terms, or other relief arising under or relating to the contract. A claim arising under a
contract, unlike a claim relating to that contract, is a claim that can be resolved under
a contract clause that provides for the relief sought by the claimant
(1) All claims by a Contractor against the District arising under or relating to a
contract shall be in writing and shall be submitted to the CO for a decision. The
Contractor’s claim shall contain at least the following:
(i) A description of the claim and the amount in dispute;
(ii) Data or other information in support of the claim;
(iii) A brief description of the Contractor’s efforts to resolve the dispute prior to
filing the claim; and
(iv) The Contractor’s request for relief or other action by the CO.
(2) The CO may meet with the Contractor in a further attempt to resolve the claim by
agreement.
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(3) The CO shall issue a decision on any claim within 120 calendar days after receipt
of the claim. Whenever possible, the CO shall take into account factors such as
the size and complexity of the claim and the adequacy of the information in
support of the claim provided by the Contractor.
(4) The CO’s written decision shall do the following:
(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings of fact,
although specific findings of fact are not required and, if made, shall not be
binding in any subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine the
amount of monetary settlement, the contract adjustment to be made, or other
relief to be granted;
(vi) Indicate that the written document is the CO’s final decision; and
(vii) Inform the Contractor of the right to seek further redress by appealing the
decision to the Contract Appeals Board.
(5) Failure by the CO to issue a decision on a contract claim within 120 days of
receipt of the claim will be deemed to be a denial of the claim, and will authorize
the commencement of an appeal to the Contract Appeals Board as provided by
D.C. Official Code § 2-360.04.
(6) If a contractor is unable to support any part of its claim and it is determined that
the inability is attributable to a material misrepresentation of fact or fraud on the
part of the Contractor, the Contractor shall be liable to the District for an amount
equal to the unsupported part of the claim in addition to all costs to the District
attributable to the cost of reviewing that part of the Contractor’s claim. Liability
under this paragraph (a)(6) shall be determined within six (6) years of the
commission of the misrepresentation of fact or fraud.
(7) Pending final decision of an appeal, action, or final settlement, the Contractor
shall proceed diligently with performance of the contract in accordance with the
decision of the CO.
(b) Claims by the District against the Contractor: Claim as used in paragraph (b) of
this clause, means a written demand or written assertion by the District seeking, as a
matter of right, the payment of money in a sum certain, the adjustment of contract
terms, or other relief arising under or relating to the contract. A claim arising under a
contract, unlike a claim relating to that contract, is a claim that can be resolved under
a contract clause that provides for the relief sought by the claimant.
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(1) The CO shall decide all claims by the District against a contractor arising under or
relating to a contract.
(2) The CO shall send written notice of the claim to the contractor. The CO’s written
decision shall do the following:
(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings of fact,
although specific findings of fact are not required and, if made, shall not be
binding in any subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine the
amount of monetary settlement, the contract adjustment to be made, or other
relief to be granted;
(vi) Indicate that the written document is the CO’s final decision; and
(vii) Inform the Contractor of the right to seek further redress by appealing the
decision to the Contract Appeals Board.
(3) The CO shall support the decision by reasons and shall inform the Contractor of
its rights as provided herein.
(4) Before or after issuing the decision, the CO may meet with the Contractor to
attempt to resolve the claim by agreement.
(5) The authority contained in this paragraph (b) shall not apply to a claim or dispute
for penalties or forfeitures prescribed by statute or regulation which another
District agency is specifically authorized to administer, settle or determine.
(6) This paragraph shall not authorize the CO to settle, compromise, pay, or
otherwise adjust any claim involving fraud.
(c) Decisions of the CO shall be final and not subject to review unless the Contractor
timely commences an administrative appeal for review of the decision, by filing a
complaint with the Contract Appeals Board, as authorized by D.C. Official Code § 2 -
360.04.
(d) Pending final decision of an appeal, action, or final settlement, the Contractor shall
proceed diligently with performance of the contract in accordance with the decision
of the CO.
I.12 CHANGES
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Delete clause 15, Changes, of the Standard Contract Provisions dated July 2010 for use
with District of Columbia Government Supplies and Services Contracts and substitute the
following clause 15, Changes, in its place:
15. Changes:
(a) The CO may, at any time, by written order, and without notice to the surety, if any,
make changes in the contract within the general scope hereof. If such change causes
an increase or decrease in the cost of performance of the contract, or in the time
required for performance, an equitable adjustment shall be made. Any claim for
adjustment for a change within the general scope must be asserted within ten (10)
days from the date the change is ordered; provided, however, that the CO, if he or
she determines that the facts justify such action, may receive, consider and adjust any
such claim asserted at any time prior to the date of final settlement of the contract. If
the parties fail to agree upon the adjustment to be made, the dispute shall be
determined as provided in clause 14 Disputes.
(b) The District shall not require the Contractor, and the Contractor shall not require a
subcontractor, to undertake any work that is beyond the original scope of the contract
or subcontract, including work under a District -issued change order, when the
additional work increases the contract price beyond the not -to-exceed price or
negotiated maximum price of this contract, unless the CO:
(1) Agrees with Contractor, and if applicable, the subcontractor on a price for the
additional work;
(2) Obtains a certification of funding to pay for the additional work;
(3) Makes a written, binding commitment with the Contractor to pay for the
additional work within 30-days after the Contractor submits a proper invoice; and
(4) Provides the Contractor with written notice of the funding certification.
(c) The Contractor shall include in its subcontracts a clause that requires the Contractor
to:
(1) Within 5 business days of its receipt of notice the approved additional funding,
provide the subcontractor with notice of the amount to be paid to the
subcontractor for the additional work to be performed by the subcontractor;
(2) Pay the subcontractor any undisputed amount to which the subcontractor is
entitled for the additional work within 10 days of receipt of payment from the
District; and
(3) Notify the subcontractor and CO in writing of the reason the Contractor withholds
any payment from a subcontractor for the additional work.
(d) Neither the District, Contractor, nor any subcontractor may declare another party to
be in default, or assess, claim, or pursue damages for delays, until the parties to agree
on a price for the additional work.
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I.13 NON-DISCRIMINATION CLAUSE
Delete clause 19, Non -Discrimination Clause, of the Standard Contract Provisions dated
July 2010 for use with District of Columbia Government Supplies and Services Contracts
and substitute the following clause 19, Non-Discrimination Clause, in its place:
19. Non-Discrimination Clause:
(a) 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.
(a) Pursuant to Mayor’s Order 85 -85, (6/10/85), Mayor’s Order 2002 -175 (10/23/02),
Mayor’s Order 2011 -155 (9/9/11) and the rules of the Office of Human Rights,
Chapter 11 of Title 4 of the D.C. Municipal Regulations, the following clauses apply
to the contract:
(1) The Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived: race, color, religion, national origin,
sex, age, marital status, personal appearance, sexual orientation, gender identity or
expression, family responsibilities, genetic information, disability, matriculation,
political affiliation, or credit information. Sexual harassment is a form of sex
discrimination which is prohibited by the Act. In addition, harassment based on
any of the above protected categories is prohibited by the Act.
(2) The Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their actual or perceived: race, color, religion, national origin, sex, age, marital
status, 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:
(a) employment, upgrading or transfer;
(b) recruitment, or recruitment advertising;
(c) demotion, layoff or termination;
(d) rates of pay, or other forms of compensation; and
(e) selection for training and apprenticeship.
(3) The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting agency,
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setting forth the provisions in paragraphs 19(b)(1) and (b)(2) concerning non -
discrimination and affirmative action.
(4) The Contractor shall, in all solicitations or advertisements for employees placed
by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment pursuant to the non-discrimination requirements set
forth in paragraph 19(b)(2).
(5) The Contractor agrees to send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the contracting agency, advising the
said labor union or workers’ representative of that contractor’s commitments
under this nondiscrimination clause and the Act, and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
(6) The Contractor agrees to permit access to its books, records, and accounts
pertaining to its employment practices, by the Chief Procurement Officer or
designee, or the Director of the Office of Human Rights or designee, for purposes
of investigation to ascertain compliance with the Act, and to require under terms
of any subcontractor agreement each subcontractor to permit access of such
subcontractors’ books, records, and accounts for such purposes.
(7) The Contractor agrees to comply with the provisions of the Act and with all
guidelines for equal employment opportunity applicable in the District adopted by
the Director of the Office of Human Rights, or any authorized official.
(8) 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.
(9) 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.14 COST AND PRICING DATA
Delete clause 25, Cost and Pricing Data, of the Standard Contract Provisions dated July
2010 for use with District of Columbia Government Supplies and Services Contracts.
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SECTION J: ATTACHMENTS
The following list of attachments is incorporated into the contract by reference.
Attachment
Number Document
J.1
Government of the District of Columbia Standard Contract Provisions for
Use with the Supplies and Services Contracts (July 2010)
available at https://ocp.dc.gov, under Center of Excellence click on “Required Solicitation Documents”
J.2
Equal Employment Opportunity Employer Information Report and Mayor’s
Order 85-85
available at https://ocp.dc.gov, under Center of Excellence click on “Required Solicitation Documents”
J.3 Department of Employment Services First Source Employment Agreement
available at https://ocp.dc.gov, under Center of Excellence click on “Required Solicitation Documents”
J.4 Way to Work Amendment Act of 2006 - Living Wage Notice
available at https://ocp.dc.gov, under Center of Excellence click on “Required Solicitation Documents”
J.5 Way to Work Amendment Act of 2006 - Living Wage Fact Sheet
available at https://ocp.dc.gov, under Center of Excellence click on “Required Solicitation Documents”
J.6 Tax Certification Affidavit
available at https://ocp.dc.gov, under Center of Excellence click on “Required Solicitation Documents”
J.7 Subcontracting Plan (if required by law) WAIVED
available at https://ocp.dc.gov, under Center of Excellence click on “Required Solicitation Documents”
J.8 First Source Initial Employment Plan (if contract is $300,000 or more)
available at https://ocp.dc.gov, under Center of Excellence click on “Required Solicitation Documents”
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SECTION K: REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF BIDDERS
Bidder/Offeror Certification Form
available at https://ocp.dc.gov, under Center of Excellence click on “Required Solicitation Documents”