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MURIELBOWSERMAYOR
May 16,2025
Honorable PhilMendelson
Chairman
Councilofthe Districtof Columbia.
John A. Wilson Building
1350 PennsylvaniaAvenue, NW, Suite504
Washington,DC 20004
Dear Chairman Mendelson:
Pursuanttosection451oftheDistrictofColumbiaHomeRuleAct(D.C.OfficialCode§ 1-204.51) and section202 ofthe Procurement PracticesReform Act of 2010 (D.C. OfficialCode §
2-352.02),enclosedforconsiderationandapprovalbytheCounciloftheDistrictofColumbiais,proposedContractNo.GAGA-2025-C-0142withMVS,Inc.intheamountof$13,478,554.40.
TheperiodofperformanceisfromthedateofawardthroughSeptember30,2025.
Undertheproposedcontract,MVS,Inc.willprovidehardwareandrelateddeploymentandconfigurationservicestoDistrictofColumbiaPublicSchools(“DCPS”)studentsandstaff.Thiswillmaintain a 1:1student-to-deviceratioingrades 3 through 12 and a 3:1 student-to-deviceratio
ingradespre-Kthrough2.Itwillalsoensureallteachershaveafunctionalin-lifecyclecomputer
forthecomingschoolyear.
My administrationisavailabletodiscussanyquestionsyoumayhaveregardingtheproposedcontract.Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasehaveyourstaffcontactLaVeta Hilton,Deputy Chief Procurement Officer,DCPS, at(202) 442-5136.
I look forwardtotheCouncil’sfavorableconsiderationof thiscontract.
Sincerely,
MyfrielBhwser
GOVERNMENT OF THE DISTRICT OF COLUMBIA
District of Columbia Public Schools
Pursuant to section 202(c-3) of the Procurement Practices Reform Act of 2010, as amended,
D.C. Official Code § 2-352.02(c-3), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Standard and Option Year)
(A) Contract Number: GAGA-2025-C-0142
Proposed Contractor: MVS, Inc. (“the Contractor”)
Contract Amount: $13,478,554.40
Term of Contract: June 2, 2025, through September 30,
2025
Type of Contract: Fixed Unit Price Requirements Contract
Source Selection Method: Invitation for Bid (IFB)
(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:
Not applicable
(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:
The contractor shall provide Lenovo student devices and related configuration services to
maintain a 1:1 student-to-device ratio in grades 3 through 12 and a 3:1 ratio in grades Pre-
K through 2.
(D) The selection process, including the number of offerors, the evaluation criteria, and
the evaluation results, including price, technical or quality, and past performance
components:
The solicitation (an invitation for bids) was advertised in the Washington Post on March
16, 2025, and posted on the DCPS website with one amendment. The solicitation closed
on March 24, 2025, and DCPS received one bid. After a review of the solutions offered
GAGA-2025-C-0142
Council Summary
2
and the bidder’s past performance, the contractor deemed MVS’s offer of
$14,780,219.80, which was the lowest-priced offer, acceptable.
(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 are no protests pending.
(F) 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:
MVS, Inc. previously supplied devices and related configuration services to DCPS.
Based on past performance with the agency, the contractor has the necessary
organization, experience, accounting and operational controls, technical skills, ability to
obtain, and a satisfactory record of integrity and business ethics.
(G) 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:
MVS, Inc. is a certified business enterprise in the District and will perform 100% of the
work under the contract. Therefore, a subcontracting plan is not required.
(H) Performance standards and the expected outcome of the proposed contract:
MVS, Inc.’s performance will be regularly and routinely monitored by DCPS. The
expected outcome of the proposed contract is for MVS to provide DCPS with student
devices and configuration services.
(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:
None
(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:
GAGA-2025-C-0142
Council Summary
3
The DCPS agency fiscal officer has certified 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. A certification of funding is attached.
(K) 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 determined to be legally sufficient by the Office of the
Attorney General. A legal sufficiency certification is attached. MVS, Inc. has no known
pending legal claims against the District.
(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):
According to the Citywide Clean Hands Database, the contractor is current with its
District taxes. The Certificate of Clean Hands dated March 17, 2025.
(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:
Based on the information provided in the Bidder Offeror Certification form, MVS, Inc.
has certified that the organization is current with its federal taxes.
(N) 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.:
MVS, Inc. is a certified business enterprise in the District of Columbia.
(O) Other aspects of the proposed Contract that the Chief Procurement Officer
considers significant:
None
(P) 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:
GAGA-2025-C-0142
Council Summary
4
MVS, Inc. is not on the Federal Excluded Parties List or the Office of Contracts and
Procurement Excluded Parties List, accessed on March 24, 2025; therefore, the
Contractor is not currently debarred from providing services to any governmental entities.
(Q) 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 and Findings for Contractor Responsibility
Determination and Findings for Price Reasonableness
(R) Where the Contract and any amendments or modifications, if executed, will be
made available online:
https://dcps.dc.gov/page/doing-business-dcps
(S) Where the original solicitation and any amendments or modifications will be made
available online:
https://dcps.dc.gov/page/doing-business-dcps
1101 4th Street, SW
Washington, DC 20024
Date of Notice: March 17, 2025 L0013837285Notice Number:
FEIN: **-***2200
Case ID: 18492165
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
MVS INC
PO BOX 33026
WASHINGTON DC 20033-0026
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
Certification of Funding
Office of Fiscal Strategy
1200 First Street NE, 9th Floor, Washington, DC 20002
(202) 442‐5112/Fax (202) 442‐5634
Student and Staff Device Refresh
1. Prepared by: Sonia Vizian, Office of Fiscal Strategy
2. Funding Certification Period: 4/15/2025 – 9/30/2025
3. Summary of Proposed Procurement: Student and Staff Devices
4. If contract has been awarded:
• Contractor: MVS, Inc
• Contract Dates: 6/02/2025 ‐ 9/30/2025
Contract Number: GAGA‐2025‐C-0142
Contract Amount: $13,478,554.40
RK Number: RK299723
PO Number:
Funding Information:
AGENCY FISCAL
FUND ACCOUNT PROGRAM COST
CENTER PROJECT AWARD AMOUNT GA0 if DCPS YEAR
GD0 if OSSE
GA0 FY25 1010001 7171008 400271 40079 12,292, 212.80
GA0 FY25 1010001 7171008 400211 40079 1,186, 341.60
Total $13,478, 554.40
I hereby certify that the above referenced Student & Staff Device contract is within the appropriated budget authority for the
agency and is consistent with the financial plan and budget adopted in accordance with DC Official Code §§ 47‐392.01 an
d 47‐
392.02 fo
r the District of Columbia Public Schools for the applicable period of performance.
Name Date
DCPS Agency Fiscal Officer
1200 Fi
rst Street, NE | Washington, DC 20002 | T 202. 442. 5885 | F 202. 442. 5026 | dcps.dc.gov
4/15/25
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
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: Approval of Contract Action for Lenovo Student Devices & Configuration
Contract Number: GAGA-2025-C-0142
Contractor: MVS, Inc.
Proposed Contract Amount: Estimated $13,478,554.40
___________________________________________________________________________
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
DISTRICT OF COLUMBIA PUBLIC SCHOOLS
NEGOTIATED CONTRACT FOR GOODS AND/OR SERVICES
Page No. 1 of 36 pages
ISSUED BY: Office of Fiscal Strategy, Contracts and Acquisitions Division
ADDRESS: 1200 First Street, N.E. 9th Floor
Washington, DC 20002
CONTRACT NO: GAGA-2025-C-0142 SOLICITATION NO: GAGA-2025-I-0142
PROGRAM OFFICE: Office of Data & Technology (ODT)
CAPTION: Student and Staff Devices
TABLE OF CONTENTS
(√) SEC. DESCRIPTION PAGE(S) (√) SEC. DESCRIPTION PAGE(S)
PART 1 – The Schedule PART II – Contract Clauses
√ A Solicitation/Contract Form 1 √ I Contract Clauses 22-36
√ B Supplies/Services and Price/Costs 2-4 PART III – List of Documents, Exhibits and Other Attach
√ C Description/Specs/Work Statement 4- 9 √ J List of Attachments 36
√ D Packaging and Marking 9 PART IV – Representations and Instructions
√ E Inspection and Acceptance 9 K Representations, Certifications, and other
Statements of Offerors
N/A
√ F Deliveries or Performance 9 to 11
√ G Contract Administration 11-15 L Instrs. Conds. & Notices to Offerors NA
√ H Special Contract Requirements 15-22 M Evaluation Factors for Award NA
The undersigned offers and agrees that, with respect to all terms and conditions, as negotiated between the offeror and DCPS, and contained herein, and the
provisions of the solicitation, constitutes the Formal Contract.
ACCOUNTING AND APPROPRIATION DATA:
CONTRACTOR: (Contractor shall not commence performance until the District
of Columbia Public Schools has signed this document)
Contractor’s Name MVS, Inc.
BY: ____________________________________________________
Signature of Authorized Representative
Print Name:
________________________________________________________
Title
____________________________
Date
Mailing Address of Contractor
1020 19th Street NW , Suite 505
Washington DC 20036
_______________________________________________________
___________________________ ________________________
Telephone No. Facsimile No.
ACCEPTANCE BY THE DISTRICT OF COLUMBIA PUBLIC SCHOOLS:
__________________________________________
Contracting Officer
_________________________________________________
Type or Print Name Date
The information contained in the box below is for District of Columbia Public
Schools use only, and in the event of a discrepancy between this information
and the terms of the contract, the contract terms shall take precedence.
PERIOD OF CONTRACT: Date of award to September 30, 2025
CONTRACT AMOUNT: $13,478,554.40
Sekhar Mylavarapu
04/17/2025
202-722 7981 202-722 7982
SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST
B.1 The District of Columbia Public Schools (DCPS), Office of Fiscal Strategy, Contracts, and
Acquisitions Division, on behalf of the Office of the Data and Technology (ODT) is seeking a
contractor to provide specified hardware and related deployment and configuration services to
maintain a 1:1 student-to-device ratio in grades 3 through 12, and a 3:1 ratio in grades pre-K
through 2 and to ensure all teachers have a functional in-lifecycle computer for the coming
school year.
B.2 The District contemplates a single-award of requirements firm-fixed-price contract in accordance
with 27 DCMR Chapter 24.
B.3 REQUIREMENTS CONTRACT
The District will purchase its requirements of the articles or services included herein from the
Contractor. The estimated quantities stated herein reflect the best estimates available. The
estimate shall not be construed as a representation that the estimated quantity will be required or
ordered or that conditions affecting requirements will be stable. The estimated quantities shall
not be construed to limit the quantities which the District may order from the Contractor or
relieve the Contractor of its obligation to fill all such orders.
a) Delivery or performance shall be made only as authorized in accordance with the
Ordering Clause, Section G.4.1. The District may issue orders requiring delivery to
multiple destinations or performance at multiple locations. If the District urgently
requires delivery before the earliest date that delivery may be specified under this
contract, and if the Contractor shall not accept an order providing for the accelerated
delivery, the District may acquire the urgently required goods or services from another
source.
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 if the Contractor shall not be required to make any deliveries
under this contract after the expiration of the contract.
B.4 PRICE SCHEDULE
B.4.1 Base Year: Award date thru September 30, 2025
GAGA-2025-C-0142 Student and Staff Devices
3
CL
IN Item Description Quantity Unit Price Total
1 Lenovo 13W Gen 3 Laptop Core 3/8GB/256GB)
Mfg. Part No: 83MAS00H00 14,576 $720.00
$10,494,720.00
2
4Y Depot warranty with 4Y Accidental Damage
Protection (SYT)
Mfg. Part No: 5WS1H95239+5PS1H95250
14,576 $120.00
$1,749,120.00
3 DCPS - Managed Break fix - Post Warranty
Mfg. Part No: 5MS1K09396 14,576 $24.90 $362,924.40
4 Lenovo Factory Deployment
Mfg. Part No: DEPLOY 14,576 $59.50
$867,272.00
5
Dell Latitude 7450 (u5/ 16GB/ 256GB) with Dell
ProSupport Plus: Accidental Damage Protection,
Next Business Day Onsite, Keep your hard drive,
7x24 technical support.
00 $1819.90
$0.00
6 Dell Laptop Deployment
Mfg. Part No: DEPLOY 00 $59.50
$0.00
7
10.9-inch iPad Wi-Fi 64GB – Silver with STM Dux
Plus Cover and 4-year AppleCare+ for support (no
service fee)
Mfg. Part No: BVU92LL/A
00 $494.90
$0.00
8
DCPS standard installation and configuration of
iPad
Mfg. Part no: INST
00 $14.90
$0.00
9 DC PS Asset Tag for Laptops and iPads 18000 $0.25 $4,500.00
Total
$13,478,554.40
B.5 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. CODE§ 2-222.04 et seq.
B.5.1 Nonprofit organizations, as defined in the Act, shall include in their rates the indirect costs incurred
in providing goods or performing 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 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 two years; however, a nonprofit
organization may request to renegotiate indirect cost rates in accordance with 4.5.2 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 0MB Uniform
Guidance, and certified in writing by the certified public accountant.
GAGA-2025-C-0142 Student and Staff Devices
4
B.5.2 If a federal agency funds this contract, 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
B.6 A bidder responding to this solicitation is required to submit with its bid, any subcontracting plan
required by law. CBE bidders that intend to self-perform 100% of the work are also required to
submit a subcontracting plan with their bids that attests to their intent to self-perform the work.
Bids responding to this IFB shall be deemed nonresponsive and shall be rejected if the bidder
fails to submit a subcontracting plan form either attesting to self-work as a CBE or detailing a
subcontracting plan in compliance with the law.
For contracts more than $250,000.00 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 available at http://ocp.dc.gov; under Quick Links, click on
“Required Solicitation Documents.
SECTION C: SPECIFICATIONS/WORK STATEMENT
C.1 SCOPE:
The District of Columbia Public Schools (DCPS), Office of Fiscal Strategy, Contracts, and
Acquisitions Division, on behalf of the Office of the Data and Technology (ODT) is seeking a
contractor to provide specified hardware and related deployment and configuration services to
maintain a 1:1 student-to-device ratio in grades 3 through 12, and a 3:1 ratio in grades pre-K
through 2 and to ensure all teachers have a functional in-lifecycle computer for the coming
school year.
C.2 APPLICABLE DOCUMENTS: Not Applicable
C.3 DEFINITIONS: Not Applicable
C.4 BACKGROUND
The District of Columbia Public Schools (DCPS) serves approximately 50,000 students through
the efforts of approximately 4,000 educators in 117 schools. We believe technology is an enabler
of student progress, educator effectiveness, and parent engagement. The Empowered Learners
Initiative (ELI) is aimed at bringing the District’s vision of digital equity and future-ready teaching
and learning to fruition. With equitable access to reliable technology as a foundation, the District
will enhance student learni ng experiences and accelerate progress toward our vision for creating
empowered and engaged communities of learners.
C.5 REQUIREMENTS
C.5.1 Specifications
GAGA-2025-C-0142 Student and Staff Devices
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C.5.1.1 Student Devices
C.5.1.1.1 Lenovo 13 W Yoga - Gen 3 (Core 3/8GB/256GB)
Lenovo 13W Yoga – Gen 3 (Core 3/8GB/256GB)
Processor Intel Core 3 100U Processor (E-cores up to 3.30 GHz P-cores up to 4.7 GHz)
Memory 8 GB
Hard drive 256 GB SSD
Display Screen: 13.3” WUXGA (1920 x 1200) IPS, Anti Smudge, Touch, 45%NTSC
Network Interface
Card
Intel® Wi-Fi 6E AX211
Bluetooth 5.3
Graphics Integrated Graphics
Cameras 5.0MP RGB with microphone
Second Camera 5MP RGB World Facing with microphone
Audio stereo speakers
Ports and Connections 2 x USB-C 3.2, 2x USB-A 3.2, HDMI 2.0, headphone/ Mic Combo
Video Output External display support
Battery 4 Cell Li-Polymer 54.7Wh
Security Webcam privacy shutter Enabled Discrete TPM2.0
Pen Integrated Pen with active electrostatic technology
Keyboard Backlight
Warranty 4-year factory warranty + 4 years Accidental Damage Protection (ADP)
Factory Deployment Image with DCPS approved image, join device to DCPS Azure directory services,
ensure proper imaging and Azure connection, Asset tag each device with DCPS
provided asset tag,
Laser Etching All devices must be laser etched on the top of the laptop’s lid with minimum
dimension: 1 x 2 with text “SY 2025”
C.5.1.1.2 Apple iPad 10th Generation
C.5.1.2 Teacher / Staff Devices
C.5.1.2.1 Dell Latitude 7450
Apple iPad (10th Generation, Wi-Fi 64GB)
Finish Silver
Storage 64GB
Connectivity Wi-Fi
Engraving First line: 10th Generation Second Line: DC Public School
Cover STM Dux Plus
Warranty 4 Years AppleCare+ for schools (no service fees)
Deployment Service iPads must be purchased through the DCPS Apple School Manager account and
configured using the DCPS package deployed via the DCPS-managed Intune
service
GAGA-2025-C-0142 Student and Staff Devices
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Dell Latitude 7450
Processor Core Ultra 5 135U vPRO Processor
Memory 16 GB LPDDR5X
Hard drive 256 GB SSD
Display 2-in-1 14.0" FHD+(1920x1200), IPS, AR+AS Touch, ComfView+,300 nits,
FHD IR Cam, WLAN, Aluminum, Pen support
Network Interface
Card Intel® BE200 Wi-Fi 7 2x2, Bluetooth® 5.4 Technology, Wireless Card
Bluetooth 5.4
Graphics Integrated Intel® Graphics, Core™ Ultra 5 135U vPRO Processor, 16GB
LPDDR5x Memory
Cameras 1080p at 30 fps FHD RGB HDR camera with built-in camera shutter, Temporal
Noise Reduction for high image quality
Audio Stereo speakers with Realtek ALC3281 Audio Controller
Ports and
Connections
2 Thunderbolt™ 4 with DisplayPort™ Alt Mode/USB Type-C/USB4/Power
Delivery*
1 Universal audio port
1 HDMI 2.1 port*
2 USB 3.2 Gen 1 ports
Battery 3 Cell 57Whr Express Charge
Keyboard English US backlit keyboard, 79-key
Warranty 4-year factory warranty + Accidental Damage Protection (ADP)
Deployment Service Full Deployment Services only and Deployment services should include:
Imaging, windows updates, asset tagging, disposing of boxes, and delivering
fully imaged and ready devices to the DCPS warehouse. DCPS will not be
providing facilities or resources to assist with the deployment services.
C.5.2 Requirements
The Contractor shall meet the following project requirements/specifications:
C.5.2.1 Ensure that all devices and accessories are new and fully functional upon arrival.
C.5.2.2 The Contractor shall be authorized by the manufacturer to sell/resell the devices and accessories
specified herein.
C.5.2.3 The contractor shall be an authorized deployment services provider by the District of Columbia
Office of the Chief Technology Officer (OCTO).
C.5.2.4 All Windows devices must be registered for Autopilot.
C.5.2.5 Apple devices must be registered under the DCPS Apple school manager account and ensure
automatic enrollment in the Apple Device Enrollment Program.
C.5.2.5 Imaging Process QA/QC Check process.
GAGA-2025-C-0142 Student and Staff Devices
7
The Contractor shall perform the following functions at their facility - DCPS will not be
providing facilities or resources to assist with the deployment services:
C.5.2.5.1 Unbox the device and attach a unique asset tag ID to the device.
C.5.2.5.2 iPad provisioning:
1. Devices should be set using the DCPS configuration package via the managed Intune
endpoint management service.
2. Ensure all policy, management settings, and Wi-Fi profiles are downloaded and set up.
C.5.2.5.3 Windows Device Provisioning:
1. Set up the above-specified Windows device (Lenovo 13W, Dell 7450) with a DCPS-
approved provisioning package and Windows 11.
2. Join Windows device to DCPS Azure directory service and ensure single sign-on is
properly working.
3. Deploy approved applications into devices.
4. Ensure remote software update and patch management through Microsoft Intune and
Tanium is supported
5. Bio’s configuration requirement
a. Secure Boot must be enabled
b. Ensure the Trust Platform Module is enabled
c. Enable virtualized workload support
d. Setups standardize Bios Passwords
e. Enable Wake-on-Lan
f. Ensure the latest stable version of firmware is updated
g. Enable Adaptive Battery management
C.5.2.5.4 Log and manage DOA via Supply Chain Management Portal
C.5.2.5.5 Run post-image process image QA/QC Check
a. Windows Device (Dell Latitude 7450 and Lenovo 13W)
I. Check to ensure login credentials work.
II. Check to ensure the student image is correct.
III. Check the Computer Name against the device serial number.
IV. Check that the Computer is named based on the schools.
V. Check to ensure the device is registered with DCPS Azure AD
VI. Check primary application and service functionality.
VII. Check Single Sign-On authentication
VIII. Check the network's Wi-Fi and Ethernet connectivity.
IX. Check Firewall
X. Check Internet Filter
GAGA-2025-C-0142 Student and Staff Devices
8
C.5.2.5.6 Log QA/QC report to Supply Chain Management Portal
C.5.2.5.7 Populate Lenovo 13W devices in the cart/ box group by allocated site information.
C.5.2.5.8 Asset Tag requirement:
1. Asset tag should be tamper-proof. Label
2. Material type: Polyester Label
3. Size 1.5"x.75".
4. Multi-color Text and logo.
C.5.2.6 Intake Process: Delivery, Unload, Inventory, and Staging at DCPS Warehouse
C.5.2.6.1 All carts’ doors should be locked, and keys should be securely stored within the cart is used;
all boxes should be securely taped and stored.
C.5.2.6.2 All carts/boxes should be clearly labeled with the site name, PO number, School contact
Name, and the number of devices inside the cart/box.
C.5.2.6.3 Devices not in the cart should be delivered in secure boxes with the site name, PO number,
contact name, and number of devices inside the box.
C.5.2.6.4 Delivery vehicle should be compatible with a standard loading dock.
C.5.2.6.5 The Item must be secured on a skid. If Items are not on the skid, offload shipments from
shipping trucks and store them in the designated area within the DCPS warehouse.
C.5.2.6.6 Inspect each shipment for accuracy and condition of equipment upon arrival at DCPS.
C.5.2.6.7 Post daily shipping reports and tracking to the Supply Chain Management Portal
C.5.2.7 Site Condition Management
a. Stage and Unbox equipment for QA/QC technicians.
b. Remove trash from the site's designated trash area for disposal
c. Removal of pallets to the site’s designated trash area for disposal
C.5.2.8 The Contractor shall ensure that all devices are delivered to one location:
DCPS warehouse located at 2000 Adams Place NE First Street, NE, Washington, DC 20002
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)
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SECTION E: INSPECTION AND ACCEPTANCE
E.1 The inspection and acceptance requirements for this contract shall be governed by clauses
number five (5) and six (6), Inspection of Services 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 F: PERIOD OF PERFORMANCE AND DELIVERABLES
F.1 TERM OF CONTRACT
The terms of the contract shall be from the date of award through September 30, 2025.
F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT
RESERVED.
F.3 DELIVERABLES
The Contractor shall perform the activities required to successfully complete the District’s
requirements and submit each deliverable to the Contract Administrator identified in section G.9
in accordance with the following:
Contract
Line Item
(CLIN)
Deliverables Quantity Format/Method of
Delivery Due Date
0001
Lenovo 13W Gen 3 Laptop Core
3/8GB/256GB)
Mfg. Part No: 83MAS00H00
14,576
Deliver to District
of Columbia
Public Schools
(DCPS)
Warehouse
ASAP/ NLT June
30, 2025.
0002
4Y Depot warranty with 4Y Accidental
Damage Protection (SYT)
Mfg. Part No:
5WS1H95239+5PS1H95250
14,576 Included Warranty
Service
Included upon
delivery
0003 DCPS - Managed Break fix - Post Warranty
Mfg. Part No: 5MS1K09396 14,576 Included Warranty
Service
Included upon
delivery
0004
Lenovo Factory Deployment
Mfg. Part No: DEPLOY 14,576
Included
Deployment
Service
ASAP/ NLT June
30, 2025.
0005
Dell Latitude 7450 (U5/ 16GB/ 256GB) with
Dell ProSupport Plus: Accidental Damage
Protection, Next Business Day Onsite, Keep
your hard drive, 7x24 technical support.
00
Deliver to District
of Columbia
Public Schools
Included upon
delivery
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Mfg. Part No: U574504Y (DCPS)
Warehouse
006
Dell Laptop Deployment
Mfg. Part No: DEPLOY 00
Included
Deployment
Service
ASAP/ NLT June
30, 2025.
007
10.9-inch iPad Wi-Fi 64GB – Silver with
STM Dux Plus Cover and 4-year AppleCare+
for support (no service fee)
Mfg. Part No: BVU92LL/A
00
Deliver to District
of Columbia
Public Schools
(DCPS)
Warehouse
ASAP/ NLT June
30, 2025.
008
DCPS standard installation and configuration
of iPad
Mfg. Part no: INST 00
Included
Deployment
Service
ASAP/ NLT June
30, 2025
009 DC PS Asset Tag for Laptops and iPads 18,000 Affixed to devices
upon delivery
Included upon
delivery
F.3.1 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.
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.1.3 Service providers shall file FCC Form 474, Service Provider Invoice (SPI) Form, to request
reimbursement from USAC for the discount amount for eligible services and equipment provided
to the applicant and approved on FCC Form 471. The service provider must provide the service
and/or equipment and bill the applicant for its non-discount share before submitting an SPI Form
to USAC. Form 474 can be completed electronically
at https://forms.universalservice.org/portal/login
G.1.4 Contractors shall reference the attached User Guide for assistance in submitting the request for
reimbursement.
Other information on the ECF program can be found at https://www.usac.org/e-rate/service-
providers/step-5-invoicing/.
G.2 INVOICE SUBMITTAL
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G.2 INVOICE SUBMITTAL (electronic)
G.2.1 The Contractor shall create and submit applications for payment electronically through the DC
Vendor Portal, https://vendorportal.dc.gov.
G.2.2 Unless otherwise specified in the Contract, the Contractor shall submit proper invoices monthly.
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 listed on the Contractor’s profile.
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, the 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 ORDERING CLAUSE
G.4.1.1 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.4.1.2 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 or task order and this contract, the contract shall control.
G.4.1.3 If mailed, a delivery order or task order is considered "issued" when the District deposits it in
the mail. Orders may be issued by facsimile or electronic commerce methods.
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 because 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
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:
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“Pursuant to the instrument of assignment dated ___________, make payment of this invoice to
(name and address of assignee).”
G.6 THE QUICK PAYMENT ACT (Feb 2019)
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.
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 that 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 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 non-payment.
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 following:
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
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G.6.2.2.3 15th day after any other required payment date.
G.6.2.3 Any amount of an interest penalty that 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:
LaVeta Hilton
Deputy Chief Procurement Officer,
Contracts and Acquisitions
District of Columbia Public Schools
1200 First Street, NE, 9th floor.
Washington, DC 20002
Phone: 202-442-5136
E-mail: LaVeta.Hilton@k12.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.
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G.9 CONTRACT ADMINISTRATOR (CA)
G.9.1 The CA is responsible for generalizing the contract and advising the CO on the Contractor’s
compliance or noncompliance with the agreement. The CA is responsible for 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 Review invoices for completed work and recommend 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. 9.1.4 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 District’s
payment provisions and
G.9.1.5 Maintaining a file that includes all contract correspondence, modifications, records of
inspections (site, data, equipment), and invoices or vouchers.
G.9.2 The address and telephone number of the CA is:
Prashish Shrestha
Deputy Chief of Data and Technology
Office of Data and Technology (ODT)
District of Columbia Public Schools
1200 First Street NE, 12th Floor.
Washington, DC, 20002
Phone: (202) 577-5876
Email: prashish.shrestha@k12.dc.gov
G.9.3 The CA shall NOT have the authority to:
1. Award, agree to, or sign any contract, delivery, 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.9.4 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
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not so authorized; and may also be required, at no extra cost to the District, to take all corrective
action necessitated by reason of the unauthorized changes.
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.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS
The Contractor shall be bound by the Wage Determination No. 32 dated 12/23/2024, 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 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 an equivalent position with equivalent:
(1) Pay;
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(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 a 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 ten days of the notification.
H.3.4 The Contractor shall provide an accurate written translation of the notice of rights to any non-
English or non-Spanish speaking employee.
H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.
H.4 UNEMPLOYED ANTI-DISCRIMINATION
H.4.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C.
Official Code § 32-1361 et seq.
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
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(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 from 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.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) with the District of Columbia Department of
Employment Service (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 The Contractor shall not begin the performance of the contract until DOES has accepted its
Employment Agreement. 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,
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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 that 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
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 as supplemented and modified
by this Contract.
H.5.10 The provisions of the First Source Act do not apply to nonprofit organizations that employ 50
employees or less.
H.6 RESERVED
H.7 RESERVED
H.8 RESERVED
H.9 SUBCONTRACTING REQUIREMENTS
H.9.1 Mandatory Subcontracting Requirements
H.9.1.1 For all contracts in excess of $250,000, at least 35% of the dollar volume of the contract shall
be subcontracted to qualified small business enterprises (SBEs).
H.9.1.2 If there are insufficient SBEs to completely fulfill the requirement of paragraph H.9.1.1, then
the subcontracting may be satisfied by subcontracting 35% of the dollar volume to any
qualified, certified business enterprises (CBEs); provided, however, that all reasonable efforts
shall be made to ensure that SBEs are significant participants in the overall subcontracting
work.
H.9.1.3 A prime contractor that is certified by DSLBD as a small, local, or disadvantaged business
enterprise shall not be required to comply with the provisions of sections H.9.1.1 and H.9.1.2.
H.9.1.4 Except as provided in H.9.1.5 and H.9.1.7, a prime contractor that is a CBE and has been
granted a bid preference pursuant to D.C. Official Code § 2-218.43 or is selected through a set-
aside program, shall perform at least 35% of the contracting effort with its own organization and
resources and, if it subcontracts, 35% of the subcontracting effort shall be with CBEs. A CBE
prime contractor that performs less than 35% of the contracting effort shall be subject to
enforcement actions under D.C. Official Code § 2-218.63.
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H.9.1.5 If the prime contractor is a certified joint venture and has been granted a bid preference
pursuant to D.C. Official Code § 2-218.43 or is selected through a set-aside program, the CBE
member of the certified joint venture shall perform at least 50% of 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.9.1.6 Each CBE utilized to meet these subcontracting requirements shall perform at least 35% of its
contracting effort with its own organization and resources.
H.9.1.7 A prime contractor that is a CBE and has been granted a bid preference pursuant to D.C.
Official Code § 2-218.43 or is selected through a set-aside program shall perform at least 50% of
the on-site work with its own organization and resources if the contract is $1 million or less.
H.9.2 Subcontracting Plan
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 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.9.3 Copies of Subcontracts
Within 21 days of the date of award, the Contractor shall provide fully executed copies of all
subcontracts identified in the subcontracting plan to the CO, CA, District of Columbia Auditor,
and the Director of DSLBD.
H.9.4 Subcontracting Plan Compliance Reporting
H.9.4.1 The Contractor shall submit a quarterly report to the CO, 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.
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H.9.4.2 If the fully executed subcontract is not provided with the quarterly report, the prime contractor
will not receive credit toward its subcontracting requirements for that subcontract.
H.9.5 Annual Meetings
Upon at least 30 days written notice provided by DSLBD, the Contractor shall meet annually
with the CO, CA, District of Columbia Auditor, and the Director of DSLBD to provide an update
on its subcontracting plan.
H.9.6 Notices
The Contractor shall provide written notice to the DSLBD and the District of Columbia Auditor
upon commencement of the contract and when the contract is completed.
H.9.7 Enforcement and Penalties for Breach of Subcontracting Plan
H.9.7.1 A contractor shall be deemed to have breached a subcontracting plan required by law if the
contractor (i) fails to submit subcontracting plan monitoring or compliance reports or other
required subcontracting information in a reasonably timely manner; (ii) submits a monitoring or
compliance report or other required subcontracting information containing a materially false
statement, or (iii) fails to meet its subcontracting requirements.
H.9.7.2 A contractor that is found to have breached its subcontracting plan for utilization of CBEs in
the performance of a contract shall be subject to the imposition of penalties, including monetary
fines in accordance with D.C. Official Code § 2-218.63.
H.9.7.3 If the CO determines the Contractor’s failure to be a material breach of the contract, the CO
shall have cause to terminate the contract under the default provisions in clause 8 of the SCP,
Default.
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.
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H.10.5 This section and the provisions of the Act shall not apply:
(a) Where a federal or District law or regulation requires the consideration of an applicant’s
criminal history for the purposes of employment.
(b) To a position designated by the employer as part of a federal or District government program
or obligation that is designed to encourage the employment of those with criminal histories.
(c) To any facility or employer that provides programs, services, or direct care to children, youth,
or vulnerable adults or
(d) To employers that employ less than 11 employees.
H.10.6 A person claiming to be aggrieved by a violation of the Act may file an administrative complaint
with the District of Columbia Office of Human Rights, and the Commission on Human Rights
may impose monetary penalties against the Contractor.
H.11 DISTRICT RESPONSIBILITIES
H.11.1 Every three months (quarterly), DCPS will evaluate the Contractor’s performance and compliance
with the contract in accordance with the established performance evaluation form
H.11.2 Assuring the Contractor has access to the facilities, as needed
H.12 CONTRACTOR RESPONSIBILITIES
H.12.1 The Contractor shall make available to DCPS all resumes, cover letters, copies of degrees, licenses,
certifications, and other employee information of the proposed staff. This information is required
when submitting the proposal, at contract award, and before the staff provides services to DCPS.
H.12.2 The Contractor shall provide services consistent with the procedures and standards established by
the District of Columbia state regulations and all other statutory requirements.
H.12.3 The Contractor shall provide documentation with invoices that:
• Corroborate the date(s) and time(s) of service provided; and
• Verify arrival and departure times on new installations.
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, and click “Required Solicitation
Documents.”
I.2 CONTRACTS THAT CROSS FISCAL YEARS
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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 the Contractor, including existing and custom Products, such
as but not limited to, a) recorded information, regardless of form or the media on which it may be
recorded; b) document research; c) experimental, developmental, or engineering work; d)
licensed software; e) components of the hardware environment; f) printed materials (including
but not limited to training manuals, system and user documentation, reports, drawings); g) third
party software; h) modifications, customizations, custom programs, program listings,
programming tools, data, modules, components; and i) any intellectual property embodied
therein, whether in tangible or intangible form, including but not limited to utilities, interfaces,
templates, subroutines, algorithms, formulas, source code, and object code.
2. “Existing Products” - Tangible Products and intangible licensed Products that exist prior to the
commencement of work under the contract. Existing Products must be identified on the Product
prior to the commencement of work, or else they will be presumed to be Custom Products.
3. “Custom Products” - Products, preliminary, final, or otherwise, which are created or
developed by the 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
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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 the
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 patent, 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.
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 by 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
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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 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
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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.
If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits than
the minimums shown below, the District requires and shall be entitled to the broader coverage
and/or the higher limits maintained by the Contractor and subcontractors.
B. INSURANCE REQUIREMENTS
1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide evidence
satisfactory to the CO with respect to the services performed that it carries a CGL policy, written
on an occurrence (not claims-made) basis, on Insurance Services Office, Inc. (“ISO”) form CG
00 01 04 13 (or another occurrence-based form with coverage at least as broad and approved by
the CO in writing), covering liability for all ongoing and completed operations of the Contractor
and under all subcontracts, covering claims for bodily injury, including without limitation
sickness, disease or death and mental anguish of any persons, broad form property damage,
including loss of use resulting therefrom, personal and advertising injury, and including coverage
for liability arising out of an Insured Contract (including the tort liability of another assumed in a
contract) and acts of terrorism (whether caused by a foreign or domestic source). Such coverage
shall have limits of liability of not less than $1,000,000 for each occurrence, $2,000,000 general
aggregate, $2,000,000 products and completed operations aggregate, and $1,000,000 personal
and advertising injury aggregate limit.
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 2010 0413 and CG2037 04 13 (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
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. Such policy or policies of automobile liability insurance shall be written on an
"occurrence" (as opposed to a "claims made") basis.
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
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b. Coverage available to the additional insureds shall apply on a primary and non-
contributing basis as respects any other insurance, deductibles, or self-insurance
available to the additional insureds
c. A waiver of subrogation in favor of The Government of the District of Columbia
d. Defense costs shall be in addition to and not erode the limits of liability
e. If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened Coverage
for Covered Autos - Business Auto, Motor Carrier, and Truckers (or its equivalent)
f. Moving and Storage Companies shall be required to provide evidence of BMC91 or
BMC91X filing
For Contractors providing transportation:
Contractors providing transportation must additionally comply with the following:
a) Operators holding a restricted WMATC Certificate of Authority must have a single
limit of $1.5 million in combined (bodily injury and physical damage) coverage, or
b) Operators holding an unrestricted WMATC Certificate of Authority must have a
single limit of $5M in combined (bodily injury and physical damage) coverage.
In addition, both types of WMATC certificate holders must have in place the following
Licensing Requirements as applicable:
a) Commercial Driver’s License (CDL) with the following endorsements:
i) P (Passenger): All drivers MUST have a P endorsement enabling them to transport
passengers (16 or more).
ii) S (School Bus): All drivers operating school buses (flashing lights, swing arm
w/stop sign) must also have an S endorsement. Please note that driver credentials
for any vehicles that are converted school buses must have S.
b) Valid (unexpired) US Department of Transportation Medical Examiner Certification
(“Medical Card”).
For Contractors using District Government-Owned Vehicles:
Agencies that provide Contractors with District Government-owned or leased motor vehicles are
responsible for ensuring that such vehicles are used only for the performance under this
Contract. Contractor and its subcontractors are prohibited from using such vehicles for home-to-
work transportation unless specifically provided for under the terms of the contract and approved
in writing by the Contracting Officer, or otherwise provided by law. Contractor shall obtain
automobile liability insurance with a minimum combined single limit of $1,000,000 to cover
bodily injury and property damage to protect the Contractor and the District Government against
third-party claims arising from the use of District Government-owned vehicles. The Commercial
Auto Liability Policy shall be endorsed to include:
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; and
c. A waiver of subrogation in favor of The Government of the District of Columbia.
In the event of loss, destruction, or damage to any government-owned vehicles used in the
performance of contact, Contractor shall be liable for full cost of repair or replacement of lost,
destroyed, or damaged vehicle.
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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, and
violation of any consumer protection laws arising out of Contractor’s operations or services with
a limit of $5,000,000 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), negligence or breach of duty to
use reasonable care, breach of any duty of confidentiality, invasion of privacy, or violations of
any other legal protections for personal information, defamation, libel, slander, commercial
disparagement, negligent transmission of computer virus, or use of computer networks in
connection with denial of service attacks. Such coverage shall include regulatory defense and
fines/penalties in any jurisdiction anywhere in the world. Such coverage shall include contractual
privacy coverage for data breach response and crisis management costs that would be incurred
by Contractor on behalf of The Government of the District of Columbia in the event of a data
breach including legal and forensic expenses, notification costs, credit monitoring costs, and
costs to operate a call center. Contractor shall maintain coverage in force during the term of this
Agreement and for an extended reporting period of not less than two (2) years after.
5. Professional Liability Insurance (Errors & Omissions) - The Contractor shall provide
Professional Liability Insurance (Errors and Omissions) to cover liability resulting from any
error or omission in the performance of professional services under this Contract. The policy
shall provide limits of $1,000,000 per claim or per occurrence for each wrongful act and
$2,000,000 annual aggregate. The Contractor warrants that any applicable retroactive date
precedes the date the Contractor first performed any professional services for the Government of
the District of Columbia and that continuous coverage will be maintained or an extended
reporting period will be exercised for a period of at least ten years after the completion of the
professional services. Limits may not be shared with other lines of coverage.
6. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence satisfactory to
the CO of commercial umbrella with minimum limits of $5,000,000 per occurrence and
$5,000,000 in the annual aggregate. Coverage must excess of required commercial general
liability, commercial auto liabili ty, and employers’ liability. The insurance required under this
paragraph shall be written in a form that annually reinstates all required limits. Coverage shall be
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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 $400,000 per occurrence.
8. Sexual/Physical Abuse & Molestation - The Contractor shall provide evidence satisfactory to the
CO with respect to the services performed that it carries $1,000,000 per occurrence limits;
$2,000,000 aggregate of affirmative abuse and molestation liability coverage. Coverage should
include physical abuse, such as sexual or other bodily harm and non-physical abuse, such as
verbal, emotional, or mental abuse; any actual, threatened or alleged act; errors, omission or
misconduct. This insurance requirement will be considered met if the general liability insurance
includes an affirmative sexual abuse and molestation endorsement for the required amounts or
through a separate stand-alone sexual abuse and molestation policy with confirmation there are
no exclusions for abuse or assault & battery under the General Liability. So called “silent”
coverage or “shared” limits under a commercial general liability or professional liability policy
will not be acceptable. Limits may not be shared with other lines of coverage. The applicable
policy may need to be submitted to the Office of Risk Management for compliance review.
(REQUIRED FOR CONTRACTORS THAT WILL BE ON-SITE AT DCPS LOCATIONS
WHILE STUDENT ARE PRESENT)
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 for the subcontractor than the ones outlined in the Contract,
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 to the CO.
The CO will promptly provide in writing to the Contractor with a decision regarding the
insurance requirements applicable to the subcontractor. When requested by the CO, 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
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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 the costs of insurance and bonds in the contract price.
I. NOTIFICATION. The Contractor shall ensure that all policies provide that the CO shall be
given thirty (30) days prior written notice in the event of cancellation, non-renewal, or material
changes to the extent such cancellation or material changes results in Contractor no long
complying with the above requirements. The Contractor shall provide the CO with ten (10) days’
prior written notice in the event of non-payment of premium. The Contractor will also provide
the CO with an updated Certificate of Insurance should its insurance coverages renew during the
contract. The Government of the District of Columbia may reasonably change the above
insurance coverage requirements during the Term by giving Contractor at least 30 days’ notice of
the change. Contractor must comply, at your expense, and deliver to the CO evidence of
compliance before the change becomes effective.
J. CERTIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days after
execution of this Agreement, certificates of insurance evidencing the required insurance
coverage and endorsements required herein. Contractor must also provide us with evidence of
renewal before the expiration date of each insurance policy. Contractor is responsible for
providing us with 30 days advanced written notice if the certificate of insurance by the insurer
has been canceled, reduced in coverage, or otherwise altered. Certificates of insurance must
reference the corresponding contract number. Evidence of insurance shall be submitted to:
The Government of the District of Columbia
And mailed to the attention of:
LaVeta Hilton
Deputy Chief Procurement Officer,
Contracts and Acquisitions
District of Columbia Public Schools
1200 First Street, NE, 9th floor.
Washington, DC 20002
Phone: 202-442-5136
E-mail: LaVeta.Hilton@k12.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
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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 that presents a claim against The Government of the District of Columbia for any damages
or claims resulting from or arising out of work performed by the Contractor, its agents,
employees, servants or subcontractors in the performance of this contract.
L. CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in connection
with this contract shall be written by insurance companies with an A.M. Best Insurance Guide
rating of at least A- VII or better (or the equivalent by any other rating agency) and licensed in
the District of Columbia.
M. WARRANTIES. When applicable, the Contractor should be named as an additional insured on
the applicable manufacturer’s/distributer’s Commercial General Liability policy using Insurance
Services Office, Inc. (“ISO”) form CG 20 15 04 13 (or another occurrence-based form with
coverage at least as broad). CO should collect, review for accuracy, and maintain all warranties
for goods and services.
I.9 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 ORDER OF PRECEDENCE
The contract awarded as a result of this IFB will contain the following clause:
ORDER OF PRECEDENCE
A conflict in language shall be resolved by giving precedence to the document in the highest order of
priority, which 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) Standard Contract Provisions
(4) Contract attachments other than the Standard Contract Provisions
(5) IFB, as amended
(6) Bid
I.11 DISPUTES
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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
(b) 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.
(c) The CO may meet with the Contractor in a further attempt to resolve the claim by
agreement.
(d) 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.
(e) 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.
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(f) 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.
(g) 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 years of the commission of the
misrepresentation of fact or fraud.
(h) Pending the final decision of an appeal, action, or final settlement, the Contractor shall
proceed diligently with the performance of the contract in accordance with the decision of
the CO.
(i) 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.
(i) The CO shall decide all claims by the District against a contractor arising under or
relating to a contract.
(ii) The CO shall send written notice of the claim to the contractor. The CO’s
written decision shall do the following:
(iii) Provide a description of the claim or dispute;
(iv) Refer to the pertinent contract terms;
(v) State the factual areas of agreement and disagreement;
(vi) 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;
(vii) 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;
(viii) Indicate that the written document is the CO’s final decision; and
(ix) Inform the Contractor of the right to seek further redress by appealing the
decision to the Contract Appeals Board.
(x) The CO shall support the decision by reasons and shall inform the Contractor
of its rights as provided herein.
(xi) Before or after issuing the decision, the CO may meet with the Contractor to attempt
to resolve the claim by agreement.
(xii) 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.
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(xiii) This paragraph shall not authorize the CO to settle, compromise, pay, or otherwise
adjust any claim involving fraud.
(g) 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.
(h) Pending the final decision of an appeal, action, or final settlement, the Contractor
shall proceed diligently with the performance of the contract in accordance with
the decision of the CO.
I.12 CHANGES (Feb 2019)
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 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
the contract unless the CO:
(1) Agrees with the 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) Provide 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 five business days of its receipt of notice of 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 to the
additional work within ten days of receipt of payment from the District; and
GAGA-2025-C-0142 Student and Staff Devices
34
(3) Notify the subcontractor and CO in writing of the reason(s) the Contractor withholds any
payment from a subcontractor for the additional work.
(d) Neither the District, Contractor, nor any subcontractor may declare another party to be in
default or assess, claim, or pursue damages for delays until the parties agree on a price for the
additional work.
I.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.
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:
(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.
GAGA-2025-C-0142 Student and Staff Devices
35
(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 nondiscrimination
and affirmative action.
(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 nondiscrimination 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 clause, 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.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.
SECTION J: ATTACHMENTS
The following list of attachments is incorporated into the solicitation by reference.
GAGA-2025-C-0142 Student and Staff Devices
36
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 http://ocp.dc.gov; under Quick Links, click on “Required
Solicitation Documents”
J.2 U.S. Department of Labor Wage Determination No. 32 dated 12/23/2024
J.3
Equal Employment Opportunity Employer Information Report and Mayor’s
Order 85-85
available at http://ocp.dc.gov; under Quick Links, click on “Required
Solicitation Documents”
J.4
Department of Employment Services First Source Employment Agreement
available at http://ocp.dc.gov; under Quick Links, click on “Required
Solicitation Documents.”
J.5
Way to Work Amendment Act of 2006 - Living Wage Notice available at
http://ocp.dc.gov; under Quick Links, click “Required Solicitation
Documents.”
J.6
Way to Work Amendment Act of 2006 - Living Wage Fact Sheet available at
http://ocp.dc.gov; under Quick Links, click “Required Solicitation
Documents.”
J.7 Tax Certification Affidavit available at http://ocp.dc.gov; under Quick Links,
click on “Required Solicitation Documents.”
J.8 Subcontracting Plan (if required by law) available at http://ocp.dc.gov; under
Quick Links, click on “Required Solicitation Documents.”
J.9
First Source Initial Employment Plan (if the contract is $300,000 or more)
available at http://ocp.dc.gov; under Quick Links, click on “Required
Solicitation Documents.”
DISTRICT OF COLUMBIA PUBLIC SCHOOLS
NEGOTIATED CONTRACT FOR GOODS AND/OR SERVICES
Page No. 1 of 36 pages
ISSUED BY: Office of Fiscal Strategy, Contracts and Acquisitions Division
ADDRESS: 1200 First Street, N.E. 9th Floor
Washington, DC 20002
CONTRACT NO: GAGA-2025-C-0142 SOLICITATION NO: GAGA-2025-I-0142
PROGRAM OFFICE: Office of Data & Technology (ODT)
CAPTION: Student and Staff Devices
TABLE OF CONTENTS
(√) SEC. DESCRIPTION PAGE(S) (√) SEC. DESCRIPTION PAGE(S)
PART 1 – The Schedule PART II – Contract Clauses
√ A Solicitation/Contract Form 1 √ I Contract Clauses 22-36
√ B Supplies/Services and Price/Costs 2-4 PART III – List of Documents, Exhibits and Other Attach
√ C Description/Specs/Work Statement 4- 9 √ J List of Attachments 36
√ D Packaging and Marking 9 PART IV – Representations and Instructions
√ E Inspection and Acceptance 9 K Representations, Certifications, and other
Statements of Offerors
N/A
√ F Deliveries or Performance 9 to 11
√ G Contract Administration 11-15 L Instrs. Conds. & Notices to Offerors NA
√ H Special Contract Requirements 15-22 M Evaluation Factors for Award NA
The undersigned offers and agrees that, with respect to all terms and conditions, as negotiated between the offeror and DCPS, and contained herein, and the
provisions of the solicitation, constitutes the Formal Contract.
ACCOUNTING AND APPROPRIATION DATA:
CONTRACTOR: (Contractor shall not commence performance until the District
of Columbia Public Schools has signed this document)
Contractor’s Name MVS, Inc.
BY: ____________________________________________________
Signature of Authorized Representative
Print Name:
________________________________________________________
Title
____________________________
Date
Mailing Address of Contractor
1020 19th Street NW , Suite 505
Washington DC 20036
_______________________________________________________
___________________________ ________________________
Telephone No. Facsimile No.
ACCEPTANCE BY THE DISTRICT OF COLUMBIA PUBLIC SCHOOLS:
__________________________________________
Contracting Officer
_________________________________________________
Type or Print Name Date
The information contained in the box below is for District of Columbia Public
Schools use only, and in the event of a discrepancy between this information
and the terms of the contract, the contract terms shall take precedence.
PERIOD OF CONTRACT: Date of award to September 30, 2025
CONTRACT AMOUNT: $13,478,554.40
Sekhar Mylavarapu
04/17/2025
202-722 7981 202-722 7982
SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST
B.1 The District of Columbia Public Schools (DCPS), Office of Fiscal Strategy, Contracts, and
Acquisitions Division, on behalf of the Office of the Data and Technology (ODT) is seeking a
contractor to provide specified hardware and related deployment and configuration services to
maintain a 1:1 student-to-device ratio in grades 3 through 12, and a 3:1 ratio in grades pre-K
through 2 and to ensure all teachers have a functional in-lifecycle computer for the coming
school year.
B.2 The District contemplates a single-award of requirements firm-fixed-price contract in accordance
with 27 DCMR Chapter 24.
B.3 REQUIREMENTS CONTRACT
The District will purchase its requirements of the articles or services included herein from the
Contractor. The estimated quantities stated herein reflect the best estimates available. The
estimate shall not be construed as a representation that the estimated quantity will be required or
ordered or that conditions affecting requirements will be stable. The estimated quantities shall
not be construed to limit the quantities which the District may order from the Contractor or
relieve the Contractor of its obligation to fill all such orders.
a) Delivery or performance shall be made only as authorized in accordance with the
Ordering Clause, Section G.4.1. The District may issue orders requiring delivery to
multiple destinations or performance at multiple locations. If the District urgently
requires delivery before the earliest date that delivery may be specified under this
contract, and if the Contractor shall not accept an order providing for the accelerated
delivery, the District may acquire the urgently required goods or services from another
source.
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 if the Contractor shall not be required to make any deliveries
under this contract after the expiration of the contract.
B.4 PRICE SCHEDULE
B.4.1 Base Year: Award date thru September 30, 2025
GAGA-2025-C-0142 Student and Staff Devices
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CL
IN Item Description Quantity Unit Price Total
1 Lenovo 13W Gen 3 Laptop Core 3/8GB/256GB)
Mfg. Part No: 83MAS00H00 14,576 $720.00
$10,494,720.00
2
4Y Depot warranty with 4Y Accidental Damage
Protection (SYT)
Mfg. Part No: 5WS1H95239+5PS1H95250
14,576 $120.00
$1,749,120.00
3 DCPS - Managed Break fix - Post Warranty
Mfg. Part No: 5MS1K09396 14,576 $24.90 $362,924.40
4 Lenovo Factory Deployment
Mfg. Part No: DEPLOY 14,576 $59.50
$867,272.00
5
Dell Latitude 7450 (u5/ 16GB/ 256GB) with Dell
ProSupport Plus: Accidental Damage Protection,
Next Business Day Onsite, Keep your hard drive,
7x24 technical support.
00 $1819.90
$0.00
6 Dell Laptop Deployment
Mfg. Part No: DEPLOY 00 $59.50
$0.00
7
10.9-inch iPad Wi-Fi 64GB – Silver with STM Dux
Plus Cover and 4-year AppleCare+ for support (no
service fee)
Mfg. Part No: BVU92LL/A
00 $494.90
$0.00
8
DCPS standard installation and configuration of
iPad
Mfg. Part no: INST
00 $14.90
$0.00
9 DC PS Asset Tag for Laptops and iPads 18000 $0.25 $4,500.00
Total
$13,478,554.40
B.5 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. CODE§ 2-222.04 et seq.
B.5.1 Nonprofit organizations, as defined in the Act, shall include in their rates the indirect costs incurred
in providing goods or performing 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 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 two years; however, a nonprofit
organization may request to renegotiate indirect cost rates in accordance with 4.5.2 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 0MB Uniform
Guidance, and certified in writing by the certified public accountant.
GAGA-2025-C-0142 Student and Staff Devices
4
B.5.2 If a federal agency funds this contract, 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
B.6 A bidder responding to this solicitation is required to submit with its bid, any subcontracting plan
required by law. CBE bidders that intend to self-perform 100% of the work are also required to
submit a subcontracting plan with their bids that attests to their intent to self-perform the work.
Bids responding to this IFB shall be deemed nonresponsive and shall be rejected if the bidder
fails to submit a subcontracting plan form either attesting to self-work as a CBE or detailing a
subcontracting plan in compliance with the law.
For contracts more than $250,000.00 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 available at http://ocp.dc.gov; under Quick Links, click on
“Required Solicitation Documents.
SECTION C: SPECIFICATIONS/WORK STATEMENT
C.1 SCOPE:
The District of Columbia Public Schools (DCPS), Office of Fiscal Strategy, Contracts, and
Acquisitions Division, on behalf of the Office of the Data and Technology (ODT) is seeking a
contractor to provide specified hardware and related deployment and configuration services to
maintain a 1:1 student-to-device ratio in grades 3 through 12, and a 3:1 ratio in grades pre-K
through 2 and to ensure all teachers have a functional in-lifecycle computer for the coming
school year.
C.2 APPLICABLE DOCUMENTS: Not Applicable
C.3 DEFINITIONS: Not Applicable
C.4 BACKGROUND
The District of Columbia Public Schools (DCPS) serves approximately 50,000 students through
the efforts of approximately 4,000 educators in 117 schools. We believe technology is an enabler
of student progress, educator effectiveness, and parent engagement. The Empowered Learners
Initiative (ELI) is aimed at bringing the District’s vision of digital equity and future-ready teaching
and learning to fruition. With equitable access to reliable technology as a foundation, the District
will enhance student learni ng experiences and accelerate progress toward our vision for creating
empowered and engaged communities of learners.
C.5 REQUIREMENTS
C.5.1 Specifications
GAGA-2025-C-0142 Student and Staff Devices
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C.5.1.1 Student Devices
C.5.1.1.1 Lenovo 13 W Yoga - Gen 3 (Core 3/8GB/256GB)
Lenovo 13W Yoga – Gen 3 (Core 3/8GB/256GB)
Processor Intel Core 3 100U Processor (E-cores up to 3.30 GHz P-cores up to 4.7 GHz)
Memory 8 GB
Hard drive 256 GB SSD
Display Screen: 13.3” WUXGA (1920 x 1200) IPS, Anti Smudge, Touch, 45%NTSC
Network Interface
Card
Intel® Wi-Fi 6E AX211
Bluetooth 5.3
Graphics Integrated Graphics
Cameras 5.0MP RGB with microphone
Second Camera 5MP RGB World Facing with microphone
Audio stereo speakers
Ports and Connections 2 x USB-C 3.2, 2x USB-A 3.2, HDMI 2.0, headphone/ Mic Combo
Video Output External display support
Battery 4 Cell Li-Polymer 54.7Wh
Security Webcam privacy shutter Enabled Discrete TPM2.0
Pen Integrated Pen with active electrostatic technology
Keyboard Backlight
Warranty 4-year factory warranty + 4 years Accidental Damage Protection (ADP)
Factory Deployment Image with DCPS approved image, join device to DCPS Azure directory services,
ensure proper imaging and Azure connection, Asset tag each device with DCPS
provided asset tag,
Laser Etching All devices must be laser etched on the top of the laptop’s lid with minimum
dimension: 1 x 2 with text “SY 2025”
C.5.1.1.2 Apple iPad 10th Generation
C.5.1.2 Teacher / Staff Devices
C.5.1.2.1 Dell Latitude 7450
Apple iPad (10th Generation, Wi-Fi 64GB)
Finish Silver
Storage 64GB
Connectivity Wi-Fi
Engraving First line: 10th Generation Second Line: DC Public School
Cover STM Dux Plus
Warranty 4 Years AppleCare+ for schools (no service fees)
Deployment Service iPads must be purchased through the DCPS Apple School Manager account and
configured using the DCPS package deployed via the DCPS-managed Intune
service
GAGA-2025-C-0142 Student and Staff Devices
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Dell Latitude 7450
Processor Core Ultra 5 135U vPRO Processor
Memory 16 GB LPDDR5X
Hard drive 256 GB SSD
Display 2-in-1 14.0" FHD+(1920x1200), IPS, AR+AS Touch, ComfView+,300 nits,
FHD IR Cam, WLAN, Aluminum, Pen support
Network Interface
Card Intel® BE200 Wi-Fi 7 2x2, Bluetooth® 5.4 Technology, Wireless Card
Bluetooth 5.4
Graphics Integrated Intel® Graphics, Core™ Ultra 5 135U vPRO Processor, 16GB
LPDDR5x Memory
Cameras 1080p at 30 fps FHD RGB HDR camera with built-in camera shutter, Temporal
Noise Reduction for high image quality
Audio Stereo speakers with Realtek ALC3281 Audio Controller
Ports and
Connections
2 Thunderbolt™ 4 with DisplayPort™ Alt Mode/USB Type-C/USB4/Power
Delivery*
1 Universal audio port
1 HDMI 2.1 port*
2 USB 3.2 Gen 1 ports
Battery 3 Cell 57Whr Express Charge
Keyboard English US backlit keyboard, 79-key
Warranty 4-year factory warranty + Accidental Damage Protection (ADP)
Deployment Service Full Deployment Services only and Deployment services should include:
Imaging, windows updates, asset tagging, disposing of boxes, and delivering
fully imaged and ready devices to the DCPS warehouse. DCPS will not be
providing facilities or resources to assist with the deployment services.
C.5.2 Requirements
The Contractor shall meet the following project requirements/specifications:
C.5.2.1 Ensure that all devices and accessories are new and fully functional upon arrival.
C.5.2.2 The Contractor shall be authorized by the manufacturer to sell/resell the devices and accessories
specified herein.
C.5.2.3 The contractor shall be an authorized deployment services provider by the District of Columbia
Office of the Chief Technology Officer (OCTO).
C.5.2.4 All Windows devices must be registered for Autopilot.
C.5.2.5 Apple devices must be registered under the DCPS Apple school manager account and ensure
automatic enrollment in the Apple Device Enrollment Program.
C.5.2.5 Imaging Process QA/QC Check process.
GAGA-2025-C-0142 Student and Staff Devices
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The Contractor shall perform the following functions at their facility - DCPS will not be
providing facilities or resources to assist with the deployment services:
C.5.2.5.1 Unbox the device and attach a unique asset tag ID to the device.
C.5.2.5.2 iPad provisioning:
1. Devices should be set using the DCPS configuration package via the managed Intune
endpoint management service.
2. Ensure all policy, management settings, and Wi-Fi profiles are downloaded and set up.
C.5.2.5.3 Windows Device Provisioning:
1. Set up the above-specified Windows device (Lenovo 13W, Dell 7450) with a DCPS-
approved provisioning package and Windows 11.
2. Join Windows device to DCPS Azure directory service and ensure single sign-on is
properly working.
3. Deploy approved applications into devices.
4. Ensure remote software update and patch management through Microsoft Intune and
Tanium is supported
5. Bio’s configuration requirement
a. Secure Boot must be enabled
b. Ensure the Trust Platform Module is enabled
c. Enable virtualized workload support
d. Setups standardize Bios Passwords
e. Enable Wake-on-Lan
f. Ensure the latest stable version of firmware is updated
g. Enable Adaptive Battery management
C.5.2.5.4 Log and manage DOA via Supply Chain Management Portal
C.5.2.5.5 Run post-image process image QA/QC Check
a. Windows Device (Dell Latitude 7450 and Lenovo 13W)
I. Check to ensure login credentials work.
II. Check to ensure the student image is correct.
III. Check the Computer Name against the device serial number.
IV. Check that the Computer is named based on the schools.
V. Check to ensure the device is registered with DCPS Azure AD
VI. Check primary application and service functionality.
VII. Check Single Sign-On authentication
VIII. Check the network's Wi-Fi and Ethernet connectivity.
IX. Check Firewall
X. Check Internet Filter
GAGA-2025-C-0142 Student and Staff Devices
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C.5.2.5.6 Log QA/QC report to Supply Chain Management Portal
C.5.2.5.7 Populate Lenovo 13W devices in the cart/ box group by allocated site information.
C.5.2.5.8 Asset Tag requirement:
1. Asset tag should be tamper-proof. Label
2. Material type: Polyester Label
3. Size 1.5"x.75".
4. Multi-color Text and logo.
C.5.2.6 Intake Process: Delivery, Unload, Inventory, and Staging at DCPS Warehouse
C.5.2.6.1 All carts’ doors should be locked, and keys should be securely stored within the cart is used;
all boxes should be securely taped and stored.
C.5.2.6.2 All carts/boxes should be clearly labeled with the site name, PO number, School contact
Name, and the number of devices inside the cart/box.
C.5.2.6.3 Devices not in the cart should be delivered in secure boxes with the site name, PO number,
contact name, and number of devices inside the box.
C.5.2.6.4 Delivery vehicle should be compatible with a standard loading dock.
C.5.2.6.5 The Item must be secured on a skid. If Items are not on the skid, offload shipments from
shipping trucks and store them in the designated area within the DCPS warehouse.
C.5.2.6.6 Inspect each shipment for accuracy and condition of equipment upon arrival at DCPS.
C.5.2.6.7 Post daily shipping reports and tracking to the Supply Chain Management Portal
C.5.2.7 Site Condition Management
a. Stage and Unbox equipment for QA/QC technicians.
b. Remove trash from the site's designated trash area for disposal
c. Removal of pallets to the site’s designated trash area for disposal
C.5.2.8 The Contractor shall ensure that all devices are delivered to one location:
DCPS warehouse located at 2000 Adams Place NE First Street, NE, Washington, DC 20002
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)
GAGA-2025-C-0142 Student and Staff Devices
9
SECTION E: INSPECTION AND ACCEPTANCE
E.1 The inspection and acceptance requirements for this contract shall be governed by clauses
number five (5) and six (6), Inspection of Services 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 F: PERIOD OF PERFORMANCE AND DELIVERABLES
F.1 TERM OF CONTRACT
The terms of the contract shall be from the date of award through September 30, 2025.
F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT
RESERVED.
F.3 DELIVERABLES
The Contractor shall perform the activities required to successfully complete the District’s
requirements and submit each deliverable to the Contract Administrator identified in section G.9
in accordance with the following:
Contract
Line Item
(CLIN)
Deliverables Quantity Format/Method of
Delivery Due Date
0001
Lenovo 13W Gen 3 Laptop Core
3/8GB/256GB)
Mfg. Part No: 83MAS00H00
14,576
Deliver to District
of Columbia
Public Schools
(DCPS)
Warehouse
ASAP/ NLT June
30, 2025.
0002
4Y Depot warranty with 4Y Accidental
Damage Protection (SYT)
Mfg. Part No:
5WS1H95239+5PS1H95250
14,576 Included Warranty
Service
Included upon
delivery
0003 DCPS - Managed Break fix - Post Warranty
Mfg. Part No: 5MS1K09396 14,576 Included Warranty
Service
Included upon
delivery
0004
Lenovo Factory Deployment
Mfg. Part No: DEPLOY 14,576
Included
Deployment
Service
ASAP/ NLT June
30, 2025.
0005
Dell Latitude 7450 (U5/ 16GB/ 256GB) with
Dell ProSupport Plus: Accidental Damage
Protection, Next Business Day Onsite, Keep
your hard drive, 7x24 technical support.
00
Deliver to District
of Columbia
Public Schools
Included upon
delivery
GAGA-2025-C-0142 Student and Staff Devices
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Mfg. Part No: U574504Y (DCPS)
Warehouse
006
Dell Laptop Deployment
Mfg. Part No: DEPLOY 00
Included
Deployment
Service
ASAP/ NLT June
30, 2025.
007
10.9-inch iPad Wi-Fi 64GB – Silver with
STM Dux Plus Cover and 4-year AppleCare+
for support (no service fee)
Mfg. Part No: BVU92LL/A
00
Deliver to District
of Columbia
Public Schools
(DCPS)
Warehouse
ASAP/ NLT June
30, 2025.
008
DCPS standard installation and configuration
of iPad
Mfg. Part no: INST 00
Included
Deployment
Service
ASAP/ NLT June
30, 2025
009 DC PS Asset Tag for Laptops and iPads 18,000 Affixed to devices
upon delivery
Included upon
delivery
F.3.1 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.
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.1.3 Service providers shall file FCC Form 474, Service Provider Invoice (SPI) Form, to request
reimbursement from USAC for the discount amount for eligible services and equipment provided
to the applicant and approved on FCC Form 471. The service provider must provide the service
and/or equipment and bill the applicant for its non-discount share before submitting an SPI Form
to USAC. Form 474 can be completed electronically
at https://forms.universalservice.org/portal/login
G.1.4 Contractors shall reference the attached User Guide for assistance in submitting the request for
reimbursement.
Other information on the ECF program can be found at https://www.usac.org/e-rate/service-
providers/step-5-invoicing/.
G.2 INVOICE SUBMITTAL
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G.2 INVOICE SUBMITTAL (electronic)
G.2.1 The Contractor shall create and submit applications for payment electronically through the DC
Vendor Portal, https://vendorportal.dc.gov.
G.2.2 Unless otherwise specified in the Contract, the Contractor shall submit proper invoices monthly.
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 listed on the Contractor’s profile.
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, the 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 ORDERING CLAUSE
G.4.1.1 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.4.1.2 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 or task order and this contract, the contract shall control.
G.4.1.3 If mailed, a delivery order or task order is considered "issued" when the District deposits it in
the mail. Orders may be issued by facsimile or electronic commerce methods.
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 because 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
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:
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“Pursuant to the instrument of assignment dated ___________, make payment of this invoice to
(name and address of assignee).”
G.6 THE QUICK PAYMENT ACT (Feb 2019)
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.
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 that 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 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 non-payment.
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 following:
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
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G.6.2.2.3 15th day after any other required payment date.
G.6.2.3 Any amount of an interest penalty that 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:
LaVeta Hilton
Deputy Chief Procurement Officer,
Contracts and Acquisitions
District of Columbia Public Schools
1200 First Street, NE, 9th floor.
Washington, DC 20002
Phone: 202-442-5136
E-mail: LaVeta.Hilton@k12.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.
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G.9 CONTRACT ADMINISTRATOR (CA)
G.9.1 The CA is responsible for generalizing the contract and advising the CO on the Contractor’s
compliance or noncompliance with the agreement. The CA is responsible for 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 Review invoices for completed work and recommend 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. 9.1.4 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 District’s
payment provisions and
G.9.1.5 Maintaining a file that includes all contract correspondence, modifications, records of
inspections (site, data, equipment), and invoices or vouchers.
G.9.2 The address and telephone number of the CA is:
Prashish Shrestha
Deputy Chief of Data and Technology
Office of Data and Technology (ODT)
District of Columbia Public Schools
1200 First Street NE, 12th Floor.
Washington, DC, 20002
Phone: (202) 577-5876
Email: prashish.shrestha@k12.dc.gov
G.9.3 The CA shall NOT have the authority to:
1. Award, agree to, or sign any contract, delivery, 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.9.4 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
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not so authorized; and may also be required, at no extra cost to the District, to take all corrective
action necessitated by reason of the unauthorized changes.
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.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS
The Contractor shall be bound by the Wage Determination No. 32 dated 12/23/2024, 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 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 an equivalent position with equivalent:
(1) Pay;
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(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 a 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 ten days of the notification.
H.3.4 The Contractor shall provide an accurate written translation of the notice of rights to any non-
English or non-Spanish speaking employee.
H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.
H.4 UNEMPLOYED ANTI-DISCRIMINATION
H.4.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C.
Official Code § 32-1361 et seq.
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
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(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 from 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.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) with the District of Columbia Department of
Employment Service (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 The Contractor shall not begin the performance of the contract until DOES has accepted its
Employment Agreement. 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,
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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 that 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
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 as supplemented and modified
by this Contract.
H.5.10 The provisions of the First Source Act do not apply to nonprofit organizations that employ 50
employees or less.
H.6 RESERVED
H.7 RESERVED
H.8 RESERVED
H.9 SUBCONTRACTING REQUIREMENTS
H.9.1 Mandatory Subcontracting Requirements
H.9.1.1 For all contracts in excess of $250,000, at least 35% of the dollar volume of the contract shall
be subcontracted to qualified small business enterprises (SBEs).
H.9.1.2 If there are insufficient SBEs to completely fulfill the requirement of paragraph H.9.1.1, then
the subcontracting may be satisfied by subcontracting 35% of the dollar volume to any
qualified, certified business enterprises (CBEs); provided, however, that all reasonable efforts
shall be made to ensure that SBEs are significant participants in the overall subcontracting
work.
H.9.1.3 A prime contractor that is certified by DSLBD as a small, local, or disadvantaged business
enterprise shall not be required to comply with the provisions of sections H.9.1.1 and H.9.1.2.
H.9.1.4 Except as provided in H.9.1.5 and H.9.1.7, a prime contractor that is a CBE and has been
granted a bid preference pursuant to D.C. Official Code § 2-218.43 or is selected through a set-
aside program, shall perform at least 35% of the contracting effort with its own organization and
resources and, if it subcontracts, 35% of the subcontracting effort shall be with CBEs. A CBE
prime contractor that performs less than 35% of the contracting effort shall be subject to
enforcement actions under D.C. Official Code § 2-218.63.
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H.9.1.5 If the prime contractor is a certified joint venture and has been granted a bid preference
pursuant to D.C. Official Code § 2-218.43 or is selected through a set-aside program, the CBE
member of the certified joint venture shall perform at least 50% of 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.9.1.6 Each CBE utilized to meet these subcontracting requirements shall perform at least 35% of its
contracting effort with its own organization and resources.
H.9.1.7 A prime contractor that is a CBE and has been granted a bid preference pursuant to D.C.
Official Code § 2-218.43 or is selected through a set-aside program shall perform at least 50% of
the on-site work with its own organization and resources if the contract is $1 million or less.
H.9.2 Subcontracting Plan
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 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.9.3 Copies of Subcontracts
Within 21 days of the date of award, the Contractor shall provide fully executed copies of all
subcontracts identified in the subcontracting plan to the CO, CA, District of Columbia Auditor,
and the Director of DSLBD.
H.9.4 Subcontracting Plan Compliance Reporting
H.9.4.1 The Contractor shall submit a quarterly report to the CO, 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.
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H.9.4.2 If the fully executed subcontract is not provided with the quarterly report, the prime contractor
will not receive credit toward its subcontracting requirements for that subcontract.
H.9.5 Annual Meetings
Upon at least 30 days written notice provided by DSLBD, the Contractor shall meet annually
with the CO, CA, District of Columbia Auditor, and the Director of DSLBD to provide an update
on its subcontracting plan.
H.9.6 Notices
The Contractor shall provide written notice to the DSLBD and the District of Columbia Auditor
upon commencement of the contract and when the contract is completed.
H.9.7 Enforcement and Penalties for Breach of Subcontracting Plan
H.9.7.1 A contractor shall be deemed to have breached a subcontracting plan required by law if the
contractor (i) fails to submit subcontracting plan monitoring or compliance reports or other
required subcontracting information in a reasonably timely manner; (ii) submits a monitoring or
compliance report or other required subcontracting information containing a materially false
statement, or (iii) fails to meet its subcontracting requirements.
H.9.7.2 A contractor that is found to have breached its subcontracting plan for utilization of CBEs in
the performance of a contract shall be subject to the imposition of penalties, including monetary
fines in accordance with D.C. Official Code § 2-218.63.
H.9.7.3 If the CO determines the Contractor’s failure to be a material breach of the contract, the CO
shall have cause to terminate the contract under the default provisions in clause 8 of the SCP,
Default.
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.
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H.10.5 This section and the provisions of the Act shall not apply:
(a) Where a federal or District law or regulation requires the consideration of an applicant’s
criminal history for the purposes of employment.
(b) To a position designated by the employer as part of a federal or District government program
or obligation that is designed to encourage the employment of those with criminal histories.
(c) To any facility or employer that provides programs, services, or direct care to children, youth,
or vulnerable adults or
(d) To employers that employ less than 11 employees.
H.10.6 A person claiming to be aggrieved by a violation of the Act may file an administrative complaint
with the District of Columbia Office of Human Rights, and the Commission on Human Rights
may impose monetary penalties against the Contractor.
H.11 DISTRICT RESPONSIBILITIES
H.11.1 Every three months (quarterly), DCPS will evaluate the Contractor’s performance and compliance
with the contract in accordance with the established performance evaluation form
H.11.2 Assuring the Contractor has access to the facilities, as needed
H.12 CONTRACTOR RESPONSIBILITIES
H.12.1 The Contractor shall make available to DCPS all resumes, cover letters, copies of degrees, licenses,
certifications, and other employee information of the proposed staff. This information is required
when submitting the proposal, at contract award, and before the staff provides services to DCPS.
H.12.2 The Contractor shall provide services consistent with the procedures and standards established by
the District of Columbia state regulations and all other statutory requirements.
H.12.3 The Contractor shall provide documentation with invoices that:
• Corroborate the date(s) and time(s) of service provided; and
• Verify arrival and departure times on new installations.
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, and click “Required Solicitation
Documents.”
I.2 CONTRACTS THAT CROSS FISCAL YEARS
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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 the Contractor, including existing and custom Products, such
as but not limited to, a) recorded information, regardless of form or the media on which it may be
recorded; b) document research; c) experimental, developmental, or engineering work; d)
licensed software; e) components of the hardware environment; f) printed materials (including
but not limited to training manuals, system and user documentation, reports, drawings); g) third
party software; h) modifications, customizations, custom programs, program listings,
programming tools, data, modules, components; and i) any intellectual property embodied
therein, whether in tangible or intangible form, including but not limited to utilities, interfaces,
templates, subroutines, algorithms, formulas, source code, and object code.
2. “Existing Products” - Tangible Products and intangible licensed Products that exist prior to the
commencement of work under the contract. Existing Products must be identified on the Product
prior to the commencement of work, or else they will be presumed to be Custom Products.
3. “Custom Products” - Products, preliminary, final, or otherwise, which are created or
developed by the 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
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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 the
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 patent, 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.
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 by 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
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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 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
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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.
If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits than
the minimums shown below, the District requires and shall be entitled to the broader coverage
and/or the higher limits maintained by the Contractor and subcontractors.
B. INSURANCE REQUIREMENTS
1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide evidence
satisfactory to the CO with respect to the services performed that it carries a CGL policy, written
on an occurrence (not claims-made) basis, on Insurance Services Office, Inc. (“ISO”) form CG
00 01 04 13 (or another occurrence-based form with coverage at least as broad and approved by
the CO in writing), covering liability for all ongoing and completed operations of the Contractor
and under all subcontracts, covering claims for bodily injury, including without limitation
sickness, disease or death and mental anguish of any persons, broad form property damage,
including loss of use resulting therefrom, personal and advertising injury, and including coverage
for liability arising out of an Insured Contract (including the tort liability of another assumed in a
contract) and acts of terrorism (whether caused by a foreign or domestic source). Such coverage
shall have limits of liability of not less than $1,000,000 for each occurrence, $2,000,000 general
aggregate, $2,000,000 products and completed operations aggregate, and $1,000,000 personal
and advertising injury aggregate limit.
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 2010 0413 and CG2037 04 13 (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
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. Such policy or policies of automobile liability insurance shall be written on an
"occurrence" (as opposed to a "claims made") basis.
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
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b. Coverage available to the additional insureds shall apply on a primary and non-
contributing basis as respects any other insurance, deductibles, or self-insurance
available to the additional insureds
c. A waiver of subrogation in favor of The Government of the District of Columbia
d. Defense costs shall be in addition to and not erode the limits of liability
e. If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened Coverage
for Covered Autos - Business Auto, Motor Carrier, and Truckers (or its equivalent)
f. Moving and Storage Companies shall be required to provide evidence of BMC91 or
BMC91X filing
For Contractors providing transportation:
Contractors providing transportation must additionally comply with the following:
a) Operators holding a restricted WMATC Certificate of Authority must have a single
limit of $1.5 million in combined (bodily injury and physical damage) coverage, or
b) Operators holding an unrestricted WMATC Certificate of Authority must have a
single limit of $5M in combined (bodily injury and physical damage) coverage.
In addition, both types of WMATC certificate holders must have in place the following
Licensing Requirements as applicable:
a) Commercial Driver’s License (CDL) with the following endorsements:
i) P (Passenger): All drivers MUST have a P endorsement enabling them to transport
passengers (16 or more).
ii) S (School Bus): All drivers operating school buses (flashing lights, swing arm
w/stop sign) must also have an S endorsement. Please note that driver credentials
for any vehicles that are converted school buses must have S.
b) Valid (unexpired) US Department of Transportation Medical Examiner Certification
(“Medical Card”).
For Contractors using District Government-Owned Vehicles:
Agencies that provide Contractors with District Government-owned or leased motor vehicles are
responsible for ensuring that such vehicles are used only for the performance under this
Contract. Contractor and its subcontractors are prohibited from using such vehicles for home-to-
work transportation unless specifically provided for under the terms of the contract and approved
in writing by the Contracting Officer, or otherwise provided by law. Contractor shall obtain
automobile liability insurance with a minimum combined single limit of $1,000,000 to cover
bodily injury and property damage to protect the Contractor and the District Government against
third-party claims arising from the use of District Government-owned vehicles. The Commercial
Auto Liability Policy shall be endorsed to include:
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; and
c. A waiver of subrogation in favor of The Government of the District of Columbia.
In the event of loss, destruction, or damage to any government-owned vehicles used in the
performance of contact, Contractor shall be liable for full cost of repair or replacement of lost,
destroyed, or damaged vehicle.
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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, and
violation of any consumer protection laws arising out of Contractor’s operations or services with
a limit of $5,000,000 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), negligence or breach of duty to
use reasonable care, breach of any duty of confidentiality, invasion of privacy, or violations of
any other legal protections for personal information, defamation, libel, slander, commercial
disparagement, negligent transmission of computer virus, or use of computer networks in
connection with denial of service attacks. Such coverage shall include regulatory defense and
fines/penalties in any jurisdiction anywhere in the world. Such coverage shall include contractual
privacy coverage for data breach response and crisis management costs that would be incurred
by Contractor on behalf of The Government of the District of Columbia in the event of a data
breach including legal and forensic expenses, notification costs, credit monitoring costs, and
costs to operate a call center. Contractor shall maintain coverage in force during the term of this
Agreement and for an extended reporting period of not less than two (2) years after.
5. Professional Liability Insurance (Errors & Omissions) - The Contractor shall provide
Professional Liability Insurance (Errors and Omissions) to cover liability resulting from any
error or omission in the performance of professional services under this Contract. The policy
shall provide limits of $1,000,000 per claim or per occurrence for each wrongful act and
$2,000,000 annual aggregate. The Contractor warrants that any applicable retroactive date
precedes the date the Contractor first performed any professional services for the Government of
the District of Columbia and that continuous coverage will be maintained or an extended
reporting period will be exercised for a period of at least ten years after the completion of the
professional services. Limits may not be shared with other lines of coverage.
6. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence satisfactory to
the CO of commercial umbrella with minimum limits of $5,000,000 per occurrence and
$5,000,000 in the annual aggregate. Coverage must excess of required commercial general
liability, commercial auto liabili ty, and employers’ liability. The insurance required under this
paragraph shall be written in a form that annually reinstates all required limits. Coverage shall be
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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 $400,000 per occurrence.
8. Sexual/Physical Abuse & Molestation - The Contractor shall provide evidence satisfactory to the
CO with respect to the services performed that it carries $1,000,000 per occurrence limits;
$2,000,000 aggregate of affirmative abuse and molestation liability coverage. Coverage should
include physical abuse, such as sexual or other bodily harm and non-physical abuse, such as
verbal, emotional, or mental abuse; any actual, threatened or alleged act; errors, omission or
misconduct. This insurance requirement will be considered met if the general liability insurance
includes an affirmative sexual abuse and molestation endorsement for the required amounts or
through a separate stand-alone sexual abuse and molestation policy with confirmation there are
no exclusions for abuse or assault & battery under the General Liability. So called “silent”
coverage or “shared” limits under a commercial general liability or professional liability policy
will not be acceptable. Limits may not be shared with other lines of coverage. The applicable
policy may need to be submitted to the Office of Risk Management for compliance review.
(REQUIRED FOR CONTRACTORS THAT WILL BE ON-SITE AT DCPS LOCATIONS
WHILE STUDENT ARE PRESENT)
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 for the subcontractor than the ones outlined in the Contract,
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 to the CO.
The CO will promptly provide in writing to the Contractor with a decision regarding the
insurance requirements applicable to the subcontractor. When requested by the CO, 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
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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 the costs of insurance and bonds in the contract price.
I. NOTIFICATION. The Contractor shall ensure that all policies provide that the CO shall be
given thirty (30) days prior written notice in the event of cancellation, non-renewal, or material
changes to the extent such cancellation or material changes results in Contractor no long
complying with the above requirements. The Contractor shall provide the CO with ten (10) days’
prior written notice in the event of non-payment of premium. The Contractor will also provide
the CO with an updated Certificate of Insurance should its insurance coverages renew during the
contract. The Government of the District of Columbia may reasonably change the above
insurance coverage requirements during the Term by giving Contractor at least 30 days’ notice of
the change. Contractor must comply, at your expense, and deliver to the CO evidence of
compliance before the change becomes effective.
J. CERTIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days after
execution of this Agreement, certificates of insurance evidencing the required insurance
coverage and endorsements required herein. Contractor must also provide us with evidence of
renewal before the expiration date of each insurance policy. Contractor is responsible for
providing us with 30 days advanced written notice if the certificate of insurance by the insurer
has been canceled, reduced in coverage, or otherwise altered. Certificates of insurance must
reference the corresponding contract number. Evidence of insurance shall be submitted to:
The Government of the District of Columbia
And mailed to the attention of:
LaVeta Hilton
Deputy Chief Procurement Officer,
Contracts and Acquisitions
District of Columbia Public Schools
1200 First Street, NE, 9th floor.
Washington, DC 20002
Phone: 202-442-5136
E-mail: LaVeta.Hilton@k12.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
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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 that presents a claim against The Government of the District of Columbia for any damages
or claims resulting from or arising out of work performed by the Contractor, its agents,
employees, servants or subcontractors in the performance of this contract.
L. CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in connection
with this contract shall be written by insurance companies with an A.M. Best Insurance Guide
rating of at least A- VII or better (or the equivalent by any other rating agency) and licensed in
the District of Columbia.
M. WARRANTIES. When applicable, the Contractor should be named as an additional insured on
the applicable manufacturer’s/distributer’s Commercial General Liability policy using Insurance
Services Office, Inc. (“ISO”) form CG 20 15 04 13 (or another occurrence-based form with
coverage at least as broad). CO should collect, review for accuracy, and maintain all warranties
for goods and services.
I.9 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 ORDER OF PRECEDENCE
The contract awarded as a result of this IFB will contain the following clause:
ORDER OF PRECEDENCE
A conflict in language shall be resolved by giving precedence to the document in the highest order of
priority, which 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) Standard Contract Provisions
(4) Contract attachments other than the Standard Contract Provisions
(5) IFB, as amended
(6) Bid
I.11 DISPUTES
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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
(b) 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.
(c) The CO may meet with the Contractor in a further attempt to resolve the claim by
agreement.
(d) 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.
(e) 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.
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(f) 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.
(g) 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 years of the commission of the
misrepresentation of fact or fraud.
(h) Pending the final decision of an appeal, action, or final settlement, the Contractor shall
proceed diligently with the performance of the contract in accordance with the decision of
the CO.
(i) 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.
(i) The CO shall decide all claims by the District against a contractor arising under or
relating to a contract.
(ii) The CO shall send written notice of the claim to the contractor. The CO’s
written decision shall do the following:
(iii) Provide a description of the claim or dispute;
(iv) Refer to the pertinent contract terms;
(v) State the factual areas of agreement and disagreement;
(vi) 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;
(vii) 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;
(viii) Indicate that the written document is the CO’s final decision; and
(ix) Inform the Contractor of the right to seek further redress by appealing the
decision to the Contract Appeals Board.
(x) The CO shall support the decision by reasons and shall inform the Contractor
of its rights as provided herein.
(xi) Before or after issuing the decision, the CO may meet with the Contractor to attempt
to resolve the claim by agreement.
(xii) 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.
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(xiii) This paragraph shall not authorize the CO to settle, compromise, pay, or otherwise
adjust any claim involving fraud.
(g) 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.
(h) Pending the final decision of an appeal, action, or final settlement, the Contractor
shall proceed diligently with the performance of the contract in accordance with
the decision of the CO.
I.12 CHANGES (Feb 2019)
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 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
the contract unless the CO:
(1) Agrees with the 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) Provide 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 five business days of its receipt of notice of 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 to the
additional work within ten days of receipt of payment from the District; and
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(3) Notify the subcontractor and CO in writing of the reason(s) the Contractor withholds any
payment from a subcontractor for the additional work.
(d) Neither the District, Contractor, nor any subcontractor may declare another party to be in
default or assess, claim, or pursue damages for delays until the parties agree on a price for the
additional work.
I.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.
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:
(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.
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(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 nondiscrimination
and affirmative action.
(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 nondiscrimination 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 clause, 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.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.
SECTION J: ATTACHMENTS
The following list of attachments is incorporated into the solicitation by reference.
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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 http://ocp.dc.gov; under Quick Links, click on “Required
Solicitation Documents”
J.2 U.S. Department of Labor Wage Determination No. 32 dated 12/23/2024
J.3
Equal Employment Opportunity Employer Information Report and Mayor’s
Order 85-85
available at http://ocp.dc.gov; under Quick Links, click on “Required
Solicitation Documents”
J.4
Department of Employment Services First Source Employment Agreement
available at http://ocp.dc.gov; under Quick Links, click on “Required
Solicitation Documents.”
J.5
Way to Work Amendment Act of 2006 - Living Wage Notice available at
http://ocp.dc.gov; under Quick Links, click “Required Solicitation
Documents.”
J.6
Way to Work Amendment Act of 2006 - Living Wage Fact Sheet available at
http://ocp.dc.gov; under Quick Links, click “Required Solicitation
Documents.”
J.7 Tax Certification Affidavit available at http://ocp.dc.gov; under Quick Links,
click on “Required Solicitation Documents.”
J.8 Subcontracting Plan (if required by law) available at http://ocp.dc.gov; under
Quick Links, click on “Required Solicitation Documents.”
J.9
First Source Initial Employment Plan (if the contract is $300,000 or more)
available at http://ocp.dc.gov; under Quick Links, click on “Required
Solicitation Documents.”