Proposed Contract with Capitol Underground Partners to Contract No. DCKA-2025-C-0019

MURIELBOWSERMAYOR
May28,2025
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)andsection202oftheProcurementPracticesReformActof2010(D.C.OfficialCode§
2-352.02),enclosedforconsiderationandapprovalbytheCounciloftheDistrictofColumbiaisproposedContractNo.DCKA-2025-C-0019withCapitolUndergroundPartners(CUP)inthenot-to-exceedamountof$11,352,171.60.Theperiodofperformanceistwoyearsfromdateofaward.
Undertheproposedcontract,CUPwillprovidecriticalprogrammanagementservicesfortheDC
PowerLineUndergroundingprogram.
My administrationisavailabletodiscussanyquestionsyoumayhaveregardingtheproposedcontract.Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasehaveyourstaffcontactMareScott,ChiefOperatingOfficer,OfficeofContractingandProcurement,at(202)724-
8759.
Ilook forward totheCouncil’sfavorableconsiderationof this contract.
Sincerely,
Mbriel BQwser
1

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement

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

COUNCIL CONTRACT SUMMARY
(Standard)

(A) Contract Number: DCKA-2025-C-0019

Proposed Contractor: Capitol Underground Partners (CUP)

Proposed Contractor’s Principals: Representing Rummel, Klepper & Kahl, LLP:
• Melinda B. Peters, PE, CCM, DBIA, Partner
Representing Delon Hampton & Associates, Chartered
• Mamo Assefa, PE, President
Representing McKissack & McKissack of Washington DC
• Deryl McKissack, PE, PMP, President and CEO

Contract Amount: Not-to-Exceed (NTE) $11,352,171.60

Unit and Method of Compensation: Fixed Unit Price

Term of Contract: Two years from date of award

Type of Contract: Indefinite Delivery/Indefinite Quantity (IDIQ)

Source Selection Method: Architect -Engineer Services; Request for Qualifications

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

Base Period Amount: NTE $11,352,171.60

Option Period 1 Amount: NTE $5,929,899
Explanation of difference from base period (if applicable): Base period is two years and the
option periods are one year.

2

Option Period 2 Amount: NTE $6,105,884.57
Explanation of difference from base period (if applicable): Base period is two years and the
option periods are one year.

Option Period 3 Amount: NTE $6,287,168.81
Explanation of difference from base period (if applicable): Base period is two years and the
option periods are one year.

(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 program management consultant (PMC) services for all elements of
the DC PLUG Program. The PMC services will span across the full range of program management
activities including: program controls, engineering oversight, construction oversight, procurement
goal monitoring, and environmental management.

(D) The date on which a competitive procurement for these goods or services was last conducted,
the date of the resulting award, and a detailed explanation of why a competitive procurement
is not feasible:

An RFQ was advertised on the OCP website from 1/16/2025 to 2/18/2025. Two responses were
received, one was qualified and one was disqualified. The contracting officer determined CUP to be
most qualified.

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

None.

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

The contractor currently has a task order for PMC services that expires on June 21, 2025.

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

CUP is a tri-venture made up of three experienced architect-engineer firms (“member firms”) with
subject matter expertise in program management and engineering services. The member firms have
successfully performed the same or similar services in the private and public sectors, and have a
satisfactory credit rating from Dun & Bradstreet.

3

(H) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
D.C. Official Code § 2-218.01 et seq. (“Act”), including a certification that the subcontracting
plan meets the minimum requirements of the Act and the dollar volume of the portion of the
contract to be subcontracted, expressed both in total dollars and as a percentage of the total
contract amount:

The proposed contractor is a certified business enterprise with the District Department of Small and
Local Business Development. The total value of the contract is NTE $11,352,171.60, and the total
that will be subcontracted is $7,147,954.96 which is 35%.

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

At the direction of the District Department of Transportation Contract Administrator, the proposed
contractor will perform the required program management services related to the DC PLUG
program in accordance with the terms of the contract.

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

None.

(K) A certification that the proposed contract is within the appropriated budget authority for the
agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:

The IDIQ contract proposed amount is NTE $11,352,171.60. The District will fund the contract
using local capital dollars. The Agency Fiscal Officer certified on April 4, 2025 that the contract is
consistent with the applicable financial plan.

(L) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:

The Office of Attorney General has reviewed and approved the proposed contract for legal
sufficiency. The proposed contractor has no pending legal claims against the District.

(M) A certification that the Citywide Clean Hands database indicates that the proposed contractor
is current with its District taxes. If the Citywide Clean Hands Database indicates that the
proposed contractor is not current with its District taxes, either: (1) a certification that the
contractor has worked out and is current with a payment schedule approved by the District;
or (2) a certification that the contractor will be current with its District taxes after the District
recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b):

The proposed contractor and all member firms are current with their District taxes per the Clean
Hands certificate dated March 27, 2025.

4

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

The proposed contractor has certified it is current with its federal taxes. In addition, the member
firms are current with their federal taxes per the System for Award Management validation
performed April 2, 2025.

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

The contractor has certified that it is not in violation of the Board of Ethics and Government
Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, D.C.
Official Code § 1-1163.34a; and that it currently is not and will not be in violation of section 334a
of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics
Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a.

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

Capitol Underground Partners tri-venture contains two certified business enterprise members who
hold the majority interest in the tri-venture.

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

None.

(R) A statement indicating whether the proposed contractor is currently debarred from providing
services or goods to the District or federal government, the dates of the debarment, and the
reasons for debarment:

The proposed contractor and the member firms are not debarred or an excluded party on the District
or Federal listings per the validations dated April 2, 2025.

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

D&F for Price Reasonableness
D&F for Contractor Responsibility
D&F for Multi-Year Contract
5

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

OCP.DC.GOV

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

OCP.DC.GOV

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*
*
* GovernmentoftheDistrictofColumbia

MEE (OfficeoftheChiefFinancialOfficer 11014%Street,SW— Ee Washington,DC20024
DateofNotice:April8,2025 NoticeNumber:0014016028 =
FOXXSTEM DC LLC FEIN: **-***4941
300M ST SE STE 810 Case ID: 18555560
WASHINGTON DC 20003-3466
CERTIFICATE OF CLEAN HANDS
AsreportedintheCleanHandssystem,theabovereferencedindividual/entityhasnooutstandingliabilitywiththeDistrictofColumbiaOfficeofTaxandRevenueortheDepartmentofEmploymentServices.Asofthedateabove,theindividual/entityhascompliedwithDCCode§47-2862,thereforethisCertificateofCleanHandsisissued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II.CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§47-2862PROHIBITIONAGAINST ISSUANCE OF LICENSEOR PERMIT

AuthorizedBy Melinda Jenkins
Branch Chief,Collectionand Enforcement Administration
Tovalidatethiscertificate,pleasevisitMyTax.DC.gov.OntheMyTaxDC homepage,clickthe“Validate a Certificateof Clean Hands” hyperlink under the Clean Hands section.

11014thStreetSW,SuiteW270,Washington,DC20024/Phone:(202)724-S048/MyTax.DCgov
250 M Street, S.E., Washington, DC 20003 Telephone: (202) 671-2300
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE CHIEF FINANCIAL OFFICER
Government Services Cluster
FINANCIAL PLAN AND BUDGET CERTIFICATION
Contract No.:
Contract Name:
Contractor:
Current Available Amount:
DC/DIFS Project Number:
Requisition Number:
Contract Period of Service:
Organization Code:
DCKA-2025-C-0019
DC PLUG Program Management
Capitol Underground Partners, LLP
NTE $11,352,171.60– Base Period
Year 2 100790
RK293146
Base Period – 2 Years
KA0
==============================================================================
I, Calvin Skinner, Agency Fiscal Officer, OCFO, hereby certify that the amount of $11, 352,171.60
is available for the above referenced contract and that the service is within the appropriate
budget authority for the agency for FY 2025 and is consistent with the applicable approved
financial plan and budget. Future orders above the available funding are contingent upon the
identification of additional funding.
____________________________________ _________________
Calvin Skinner Date
Agency Fiscal Officer, OCFO
04/04/25

400 6th Street, NW, Suite 79100, Washington, DC 20001 (202) 727-3400 Fax (202) 347-8922

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General

ATTORNEY GENERAL
BRIAN L. SCHWALB

Commercial Division

SECOND REVISED MEMORANDUM

TO: Tomás Talamante
Director
Office of Policy and Legislative Affairs

FROM: Robert Schildkraut
Section Chief
Government Contracts Section

DATE: May 23, 2025
SUBJECT: Approval of Contract Award over One Million Dollars
using Local Capital Funds
The District of Columbia Power Line Undergrounding (DC PLUG) Program
Management Consultant (PMC)
Contractor: Capitol Underground Partners
Contract No.: DCKA-2025-C-0019
Minimum Amount: $1,000.00
Total Not to Exceed Amount: $11,352,171.60
--------------------------------------------------------------------------------------------------------------------

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 724-4018.

______________________________
Robert Schildkraut

A. SOLICITATION, OFFER, AND AWARD
1. Caption
Program Management Services for the DC PLUG Program
Page of Pages
1 of 44
2. Contract Number
DCKA-2025-C-0019
3. Solicitation Number
DCKA-2025-Q-0019
4. Type of Solicitation
5. Date
Issued
1/6/2025
6. Type of Market
Sealed Bid (IFB) Open
xxxx Sealed Proposals (RFP) xxxx Set Aside
Sole Source Open with Sub-
Contracting Set
Aside Human Care Agreements
Emergency
7. Issued By:
District Department of Transportation Office of
Contracting and Procurement 55 M Street, SE –
Suite 700
Washington, DC 20003
8. Address Offer to:
Department of Transportation
Office of Contracting and Procurement 250 M
Street, SE Suite 700
Washington, DC 20003
NOTE: In sealed bid solicitations "offer" and offeror" means "bid" and "bidder"
SOLICITATION
9. Sealed offers in original and 1 copy for furnishing the supplies or services in the Schedule will be received at address in 8 above until
local time on for electronic submission refer to Section L of the Solicitation.
CAUTION: Late Submissions, Modifications and Withdrawals: See 27 DCMR chapters 15 & 16 as applicable. All offers are subject to all terms &
conditions contained in this solicitation.
10. For Information Contact:
A. Name
District of Columbia Power Line
Undergrounding (DC Plug) Feeder
B. Telephone C. E-mail Address
(Area Code) (Number) (Ext)
Rickie.spivey@dc.gov
11. Table of Contents
(X) Section Description Page No. (X) Section Description Page
No.
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
A Solicitation/Contract Form 2 X H Contract Clauses 28
X B Contract Type, Supplies or Services
and Price/Cost 3 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER
ATTACHMENTS
X C Specifications/Work Statement 5 X J List of Attachments 42
x D Packaging and Marking PART IV - REPRESENTATIONS AND INSTRUCTIONS
X E Inspection and Acceptance 14
X K Representations, Certifications, and Other
Statements of Offerors X F Period of Performance and
Deliverables 15
X G Special Contract Requirements 28 X L Instructions, Conditions, and Notices to
Offerors
X M Evaluation Factors
OFFER
12. In compliance with the above, the undersigned agrees, if this offer is accepted within 330 calendar days from the date for receipt of offers specified above, to
furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified herein.
13Not Applicable
14. Acknowledgement of Amendments (The
offeror acknowledges receipt of amendments
to the SOLICITATION) [In case there is more
than three amendments attach separate sheet
with acknowledgements):
Amendment Number Date Amendmen
t Number Date
Amendment 1 1/16/2525 Amendment 4 1/31/2025
Amendment 2 1/17/2025
Amendment 3 1/28/2025
15A. Name and Address of Offeror 15B Amount $11,352,171.60 16. Name and Title of Person Authorized to Sign Offer
15B. Telephone 15 C. Check if remittance
address is different from above -
Refer to Section G
17. Signature 18. Offer Date
(Area Code) (Number) (Ext)
AWARD (TO BE COMPLETED BY GOVERNMENT)
19. Accepted as to Items Numbered 20. Amount $11,352,171.60 21. Accounting and Appropriation
22. Name of Contracting Officer (Type or Print) 23. Signature of Contracting Officer (District of
Columbia)
24. Award Date
Government of the District of Columbia Office of Contracting & Procurement
Capitol Underground Partners
100 M Street SE Suite 950 Washington,DC 20003
Melinda B. Peters, Partner
443
865-9865
5/14/2025
2

A. INTRODUCTION

The District of Columbia Office of Contracting and Procurement (“OCP”), for and on behalf of The
District of Columbia Department of Transportation (“DDOT”), pursuant to the Procurement Practices
Reform Act of 2010 (“PPRA”), and 27 D.C.M.R §§ 2600 – 2699, is issuing this Request for Qualifications
(“RFQ”) to solicit Statements of Qualifications (“SOQ”s) from engineering firms (“Offerors”) interested
in providing program management services as the Program Manager (“PMC”) for the DC Plug program
(the “Project”).

A.1. PROJECT BACKGROUND

In August 2012, an order by the Mayor of Washington, D.C. established the Mayor’s Power Line
Undergrounding Task Force (the “Task Force”), which was charged with evaluating options that would
prevent extended electric service outages caused by significant weather events. The 18-member
panel included government officials, regulators, local utility industry executives, and residents of
neighborhoods often affected by power outages.

In May 2013, the Task Force presented a recommendation for a public-private partnership between
Pepco and the District Department of Transportation (“DDOT”) to underground select primary electric
lines. Enabling legislation was introduced to the Council of the District of Columbia, and the Electric
Company Infrastructure Improvement Financing Act of 2014 (“DC Plug Act”) became law in May 2014.
The DC Plug Act was amended in May 2017.

The entire initiative is projected to cost $500 million. Expected benefits are improved reliability day-
to-day and during severe storms, reduced outages, and faster overall restoration. By undergrounding
the primary mainline, primary lateral power lines, and associated equipment, Pepco is expecting, on
average, to reduce the frequency and duration of outages caused by the overhead power lines by 95%
on improved feeders.

The DC Power Line Undergrounding (“DC PLUG”) initiative is a $500 million program, jointly funded by
Pepco and the District. The Pepco-funded portion is $250 million, and the District will fund $187.5
million. Up to an additional $62.5 million will come from DDOT’s capital improvement budget.
Recovery of the costs for the Pepco debt and equity and District financing will come through two
surcharges on Pepco customers’ bills.

The PMC will be excluded from competing as a bidder or offeror either as a prime construction
contractor, construction manager or design consultant, or as a member of any team for such
purposes, for any DC Plug civil engineering, construction, and construction management projects
during the life of this Contract, unless released by DDOT at DDOT’s sole option and discretion. If a
subconsultant is not otherwise conflicted out, DDOT intends, upon request, to allow participation by
such subconsultants on future DC Plug projects during the life of this Contract.

a. Program Goals and Objectives:

(1) Program Scope: The DC PLUG program is replacing up to 30 existing overhead power lines
with new underground feeders and associated equipment. The selected feeders are in
District Wards 3, 4, 5, 7, and 8. The electric distribution system in Wards 1, 2 and 6 is
already largely underground. The program is segregated into three Biennial Plans, with
each plan requiring formal application and approval by the DC Public Service Commission
3
(“PSC”). The First Biennial Plan will provide six new underground electric feeders for
selected primary mainline and lateral portions.
(2) Program Budget: The DC PLUG program budget is approximately $500 million. An amount
of $929,278 is included in the program budget for the DC PLUG Education program. Pepco
would be responsible for $657,028 and DDOT would be responsible for $272,250.
(3) Education Plan: In an effort to keep District residents and interested parties involved in the
consumer education aspect of the Undergrounding Project, the DC PSC directed the joint
applicants to create a Underground Project Consumer Education (“UPCE”) Task Force
comprised of affected stakeholders including Pepco, DDOT, OPC, AOBA, D.C. Climate
Action, ANC Commissioners, DC Public Service Commission (“PSC”) staff, and residents
from the affected Wards in the District as well as any other governmental or non-
governmental entity representing specific consumer interests. The PSC further directed
that the UPCE be chaired by the Office of the City Administrator.
(4) Governance Structure: DC PLUG is a primary District of Columbia Program with high
visibility and oversight by the Mayor and the DC PSC. Frequent reporting, project updates,
and accurate forecasting are required to keep the residents and public informed
throughout the life of the program. Although DDOT and Pepco will report to DC PSC, the
District will rely substantially on a PMC that is contracted to the District to manage and
report on planning, design, schedule, budget, construction, and coordination.
Comprehensive reporting tools, including updates to the DC PLUG information website,
Frequently Asked Questions, and town hall briefings for affected Wards and residents are
expected.
(5) Program Execution and Coordination: Project delivery is currently based on traditional
Design-Bid-Build methods. For each stand-alone project, DDOT has procured dedicated
design, construction, and construction management contracts. Pepco is separately
responsible for the design, procurement, and installation and testing of the new electrical
feeders and equipment. DDOT is responsible for design, construction, and inspection of
the site preparation, including relocation of existing underground utilities, and new
underground conduit and facilities to support Pepco’s new electrical feeders and
equipment. For each project, project phasing and coordination between DDOT and Pepco
contracts is required.
B. CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE
B.1 The Contract, entitled DCKA-2025-C-0019, is entered into between the District of Columbia Office
of Contracting and Procurement (the “District” or “OCP”), on behalf of the District Department of
Transportation (DDOT) and Capitol Underground Partners (“Contractor” or the “PMC”) as the
Contractor to perform program management services for the DC Plug program (the “Project” or
“PMC Services”).
B.2 TYPE OF CONTRACT
This is an indefinite-delivery, indefinite-quantity, CONTRACT pursuant to 27 DCMR § 2416.
B.2.1 INDEFINITE DELIVERY- INDEFINITE QUANTITY (IDIQ) CONTRACT
4

a. Delivery or performance shall be made only as authorized by orders issued in accordance with the
Ordering Clause at Section B.3 Ordering, below. The Contractor shall furnish to the District, when
and if ordered the supplies and services specified in the schedule up to and including the maximum
not-to-exceed (NTE) amount of $11,352,171.60 for the base period and $5,593,127.92 with a 3%
escalation for each option period, if exercised. The District will order at least the minimum amount
of $1,000.00 in each Contract period, if exercised.

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.

B.3 ORDERING

B.3.1 Any supplies and servi ces to be furnished under this C ontract must be ordered by issuance of
delivery orders or task orders by the Contracting Officer. Such orders may be issued during the term
of this contract.

B.3.2 All delivery orders or task orders are subject to th e terms and conditions of this C ontract. In the
event of a conflict between a deliver y order or task order and this Contract, the C ontract shall
control. If mailed, a delivery order or task order is considered ''issued" when the District deposits
the order in the mail. Orders may be issued by facsimile or by electronic commerce methods.

B.4 PRICE SCHEDULE

B.4.1 Base Period – 2 Years

Contract Line Item
Number (CLIN) Item Description Unit Maximum Total
Price
0001 DC PLUG PMC - DIRECT LABOR Lot $10,354,889.04
0002 OTHER DIRECT COSTS Lot $997,282.56
Total Base Year Ceiling Amount: $11,352,171.60

B.4.2 Option Year 1 – 1 Year

CLIN Item Description Unit Maximum Total
Price
1001 DC PLUG PMC - DIRECT LABOR Lot $5,433,257.72
1002 OTHER DIRECT COSTS Lot $496,641.28
Total Option Year 1 Ceiling Amount: $5,929,899.00

5

B.4.3 Option Year 2 – 1 Year

CLIN Item Description Unit Maximum Total
Price
2001 DC PLUG PMC - DIRECT LABOR Lot $5,609,243.29
2002 OTHER DIRECT COSTS Lot $496,641.28
Total Option Year 2 Ceiling Amount: $6,105,884.57

B.4.4 Option Year 3 – 1 Year
CLIN Item Description Unit Maximum Total
Price
3001 DC PLUG PMC - DIRECT LABOR Lot $5,790527.53
3002 OTHER DIRECT COSTS Lot $496,641.28
Total Option Year 3 Ceiling Amount: $6,287,168.81

B.5 Basis of Compensation

Section B.4 PRICE SCHEDULE reflects the ceiling amount for each contract period. Absent a modification
to the Contract, the overall ceiling amount and each separate individual task order ceiling amount stated
for compensation shall not be exceeded. If any of them are exceeded, then the District shall have no
liability or responsibility for paying any amount of such excess, which will be at Consultant’s own cost and
expense. Any savings shall accrue 100% to the District.

B.5.1 Compensation, except for other direct cost expenses, shall be based on the actual hourly rate and
actual hours worked by the employee excluding travel time. Hourly rates shall not exceed those
set forth in each task order’s Schedule of Personnel subject to the permissible adjustments set
forth in Section G.

B.5.2 Task orders for the Contractor to execute specific services will be issued in accordance with
Section B.3 ORDERING at an agreed upon budget amount. Each task order will have its own ceiling
amount. Pricing will be solicited from the Contractor for task orders based on anticipated work for
the Project. The Contractor’s task order price proposal, if accepted by the District, at the District’s
sole option and discretion, will be incorporated into the task order. The pricing will be based on
the approved fully loaded rates as reflected in each task order’s Schedule of Personnel and on the
expected level of effort for the task order. The Contract period minimum and the maximum
celling amounts will remain as defined in Section B.4

C. SPECIFICATION/WORK STATEMENT

C.1 GENERAL REQUIREMENTS

The PMC shall provide Program Management Consultant services and related services to carry out
Program management for the DC Plug Project.

General services will be assigned on an as -needed basis, which shall define the scope of work and
expected outcomes. The PMC will be required to visit assigned locations accompanied by the DDOT’s

6

CA, or his/her designee, to verify the scope of work prior to the issuance of The Contract. The PMC
shall provide a fixed price for the assigned work using negotiated labor rates, equipment usage and
other needed services, as well as a schedule for completing the services.
C.2 RESPONSIBILITIES OF PMC

C.2.1 Program management services shall be provided in consistence with the District of Columbia
Department of Transportation (DDOT) Standard Specifications for Highways and Structures
(2013),Standard Drawings (April 2015), and Construction Management Manual (2021), collectively, the
“Standards”, all of which are hereby incorporated herein by reference.

C.2.2 PMC shall perform its services consistent with the skill and care ordinarily provided by program
managers and consulting engineers practicing in the Washington, D.C. metropolitan area on projects of a
similar type, cost, and size. The PMC shall perform its services as expeditiously as is consistent with such
skill and care and the orderly progress of the Project.

C.2.3 PMC shall identify a representative authorized to act on behalf of the PMC with respect to the DC
Plug project.

C.2.4 PMC shall not engage in any activity, or accept any employment, interest or compensation that
would reasonably appear to compromise the PMC’s judgment with respect to this Project, except with
DDOT’s prior knowledge and prior written consent.

C.2.5 PMC shall not have responsibility for the construction means, methods, techniques, sequences, or
procedures for the work of construction contractors for all or any portion of the Project.

C.2.6 PMC shall provide all necessary expertise and services and to have and maintain appropriate
licenses that meet District of Columbia requirements to professionally and diligently prosecute the work
authorized.

C.2.7 PMC shall contract for or employ at PMC's expense, subcontractors to the extent deemed
necessary for the work, with the prior written consent of DDOT.

C.2.8 PMC shall consult with normal and customary employees, agencies, and representatives of the
District of Columbia regarding its work.

C.2.9 PMC shall work effectively with Pepco and other District of Columbia agencies.

C.2.10 PMC shall abide by all regulations imposed by funding sources, such as auditing requirements and
payroll affidavits.

C.2.11 PMC shall perform its services in accordance with all applicable District and federal, laws, codes,
regulations, standards, guidelines, and orders.

C.2.12 If there is a conflict between this Contract and the Standards, then the provision which provides
the District with the greater quantity, higher quality, or greater benefit, shall govern.

C.2.13 The PMC will monitor Standard Operating Procedures for all aspects of the DC Plug Program.

7

C.3 SCOPE OF WORK

Provide Program Management Consultant services, pursuant to task orders, including, without limitation,
the following:

C.3.1 Program Management: Provide program management services for all elements of the DC PLUG
Program to include, without limitation, the following:

(1) Program Management Plan: The PMC shall provide a program management plan
including, without limitation, the following elements:

(a) Introduction
(b) Program goals and Program Objectives
(c) Program organization and staffing plan.
(d) Execution approach
(e) SBE/CBE Compliance Monitoring Plan
(f) Workforce Compliance Monitoring Plan
(g) Coordination with the UPCE Task Force
(h) Program Budget and Cost Management Plan
(i) Program Schedule Management Plan
(j) Program Risk Management Plan
(k) Quality Assurance Plan
(l) Communications Plan

(2) Program Meetings: The PMC is responsible for planning and managing DC PLUG program
management meetings. The PMC shall be responsible for establishing time and locations
for meetings, sending invitations to attendees, along with providing agendas, meeting
presentations and meeting minutes.
(3) Strategic Planning and Public Policy Support: The PMC shall prepare quarterly reports
with respect to compliance with SBE/CBE and workforce participation required by law or
contract, and with the aspirational goals for procurement and workforce participation of
the DC PLUG Act. The report shall be issued to or be available to: Department of Small
and Local Business Development (“DSLBD”); Department of Employment Services
(“DOES”); Council of the District of Columbia; and PSC. PMC shall meet as needed or
directed by DDOT with the UPCE Task Force to report on actions taken, compliance
reports, and to receive information with respect to new issues raised by the UPCE Task
Force.
(4) Program Reporting: The PMC shall at a minimum provide the following progress reports
on the DC Plug program:

(a) Weekly Activity Report identifying major milestones that have been achieved,
issues that have been identified and resolved, and a detailed description of work
performed during the week.
(b) Monthly Progress Report: The monthly progress report will provide a detailed
description of work performed, budget and schedule update, earned value
management, acquisition activities and progress, and the identification, status
and resolution of issues.
(c) SBE/CBE Compliance Reporting: Monitor compliance with program goals for
Small and Certified Business Enterprises and provide a monthly report on status.
8

(d) Workforce Compliance Reporting: Monitor compliance with program goals for the
hiring of District residents and provide a monthly report on status.
(e) Miscellaneous Reports: The PMC shall assist DDOT and Pepco with other program
required reporting, to include semi-annual updates for the DC Public Service
Commission.

(5) Program Outreach: The PMC shall be responsible for managing relationships internally
with program team members and externally with various stakeholders from the
government, industry, and the community. The PMC’s efforts shall be coordinated with
Pepco’s Community Relations Coordinator. In performing this function, the PMC will
provide the following services:

(a) Program Communications Plan: Develop and regularly update a communications
plan that identifies all project stakeholders, identifies communications strategies
and tactics to ensure stakeholders are informed on issues and progress of the DC
PLUG program.
(b) Program Outreach Meetings: The PMC is responsible for planning and managing
PLUG program outreach meetings. The PMC shall be responsible for establishing
time and locations for meetings, sending invitations to attendees, providing
agendas, meeting presentations, and meeting minutes.
(c) Program Outreach Initiatives: The PMC shall prepare various products to assist
with program outreach including flyers, handouts, fact sheets, posters, and
maintaining and updating the DC PLUG website.

(6) Document Control: The PMC shall assist DDOT with general administrative support
throughout the program duration.

(a) Electronic Project Management System: The PMC shall maintain the Electronic
Project Management (ePM) database. The PMC shall be responsible for
performing various ePM functions, including, without limitation, assembling
design review comments and uploading to the ePM; establishing standard project
logs, reports, and real-time project status; CAD/BIM drawing and submittal
upload and review.
(b) Maintain Document Clearinghouse: The PMC shall perform the role of custodian
of project records, as well as the prime contact for receipt, handling, and filing of
project documents, including, without limitation, formal design submissions,
studies and survey submittals, project reports and presentations, and contract
modification packages and payment records.
(c) Update redlined drawings into the Pepco GIS system.

C.3.2 Program Controls: All Program Controls processes shall be consistent with Project Management
Institute (“PMI”) PMBOK Guide and standards.

(1) Program Schedule: The PMC shall develop and update the DC PLUG Program master
program schedule including, without limitation, both DDOT and Pepco activities, and shall
track the timing of the program according to the schedule’s critical path requirements.
The PMC shall review construction contractors’ and construction manager’s construction
schedules for DC PLUG Program projects and make recommendations as to their accuracy
and completeness. The PMC schedule functions include, without limitation:

9

(a) An initial workshop meeting shall be planned within 90 days after the PMC
contract award. The PMC shall schedule and conduct a master schedule
workshop, where DDOT, Pepco and relevant project stakeholders are requested
to attend and help develop relevant schedule activities. Follow-up workshops are
expected on a quarterly basis.
(b) As part of the scheduling workshop, the PMC shall recommend sensible time
contingencies that would account for weather, differing site conditions, change
orders, and other delays.
(c) The PMC must stay apprised of the procurement process and shall timely and
accurately reflect it in the Program Master Schedule. The PMC scheduling
approach shall include study and analyses of the sequence and phasing for timing
A/E services, construction management, and the construction services contracts.
(d) The PMC’s Master schedule updates shall be planned (at a minimum) to
correspond with the design phase submissions; however, more frequent updates
shall take place to accommodate Pepco and DDOT’s requirements.
(e) The PMC shall also produce Executive level schedules. These are summary level,
intended to assist DDOT, Pepco and their Executive stakeholders.
(f) The PMC shall investigate and report on all variances between the master
schedule and awarded contract schedules.

(2) Program Cost Management: The PMC shall support financial planning, analysis, and
budgeting of projects within DC PLUG Program for the District, and shall provide
deliverables for budgeting, assist with forecasting, and provide variance analysis updates.
The PMC’s efforts shall include analysis of alternative delivery methods such as Design-
Build and Construction Management-at-Risk; working in collaboration with DDOT,
monitor program cash flow to ensure that required funds are available when needed.
Specific reporting required for cost management shall include:

(a) Earned Value Report: The PMC shall develop a baseline Earned Value Curve (EVC)
using the current program schedule and estimated costs for contracts. Monthly
updates to the EVC are required and shall require the PMC to gather reporting
data from the various AE, CM, and GC contracts.
(b) Spend Plans: The PMC shall report on the average cash outlays and embed this
reporting in the PMC’s monthly report.
(c) The PMC shall assist Pepco, and DDOT with developing and ensuring an effective
change order process for AE, CM, and GC contracts. The PMC role includes
ensuring that contractor’s processes are standardized throughout the DC PLUG
program. The PMC shall (i) develop a flow chart that can be used in all contracts,
(ii) assist in setting expectations and protocols for meeting Pepco, DDOT and OCP
change order requirements, and (iii) evaluate processing of change orders relative
to established and recommended procedures.

(3) Program Risk Assessment and Management: The PMC is responsible for the maintenance
of the DC PLUG Program Risk Management Plan. The PMC Risk Management Plans shall
start with review of the program’s risk register. Following review, the PMC shall conduct
risk workshops as needed, and confirm risk timelines, probability and impact metrics, and
detailed mitigation plans. The results of the workshops shall be documented in an
updated Risk Register, which shall be updated at least monthly, as issues are resolved,
and new issues are identified.
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(4) Reporting: As part of a monthly report, the PMC shall keep up-to-date records as to the
current contract values as well as contingency amounts remaining.
(5) Cost Estimating Program: Review and provide comment on the cost estimates developed
during design and participate in cost control management of the project to ensure that
the project can be constructed for the authorized budget amount.

C.3.3 Engineering Oversight

(1) Feasibility Studies: The PMC shall manage the development of comprehensive feasibility
studies for prospective projects under the DC PLUG Program.
(2) Design Document Review: The PMC shall provide professional level review of all
deliverables to assure quality, technical accuracy, and the coordination of all work and
documents furnished by design consultants The PMC shall review, in detail, contract
documents (construction drawings and specifications) prepared by the commissioned A/E
firm for each assigned project within the DC PLUG Program and make recommendations
to ensure that the finished project will conform to all applicable Pepco, DDOT and federal
design standards, and shall be acceptable to DDOT and Pepco. The PMC shall familiarize
itself with Pepco construction standards and standard drawing details. Design reviews are
expected at the 35% design, 65% design, and 95% design submission. The design reviews
are a 14-day review period. The PMC role during the design review includes, without
limitation:

(a) Consolidated Comments: The PMC shall serve as the custodian for collecting,
categorizing, and integrating all review comments into an accessible database
tool. Peer reviewer comments shall be documented through formatted spread
sheet, database, and electronic project management (ePM) forum. The PMC shall
prepare an executive summary narrative, indicating recommendations for DDOT
to accept or reject the submission.
(b) “On-board reviews”: The PMC shall also conduct “on board” reviews in between
formal submissions as a forum for the A/E to demonstrate that previous review
comments are being corrected.
(c) Review of Design Work Plans: The PMC shall confirm adequate content and
design progress of the upcoming design submission. As part of this quick review,
the PMC team shall consider what is customarily expected at each of the various
design submissions. The PMC reviews shall be at the executive review level for
the purpose of confirming that (i) planned durations are logical; (ii) enough time is
allotted for design team to review, respond, and incorporate comments; (iii)
critical meetings planned with DDOT and Pepco representatives, including follow
up actions, are incorporated; (iv) A/E quality control approach is incorporated;
and (v) planned deliverable contents are included.
(d) Reconciliation: The PMC shall be responsible for resolving all review comments,
timely and accurately. Back-check reviews shall be conducted against previous
submission comments. The back-check review shall be documented through
spreadsheet, database or ePM for items that were satisfactorily corrected, and
items not corrected. Any unresolved comments shall be part of the meeting
agenda at proposed resolution meetings or workshop sessions.
(e) Quality Control: Design quality control is the responsibility of the
architect/engineer (A/E) design team. To achieve this outcome, the PMC reviews
shall be organized along general categories of overall design quality to include,
without limitation, (i) completeness of documents, (ii) coordination (between and
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within disciplines), (iii) design quality, including readability of the documents, (iv)
scope gaps, and (v) constructability and phasing.

(3) Utility Coordination: As required, the PMC will assist DDOT and Pepco with coordinating
the identification of all utilities within the construction limits of DC PLUG Program
projects.

C.3.4 Construction Oversight

(1) Facilitate Constructability Reviews: The PMC shall oversee the DC PLUG Program’s
constructability reviews. The PMC shall organize and facilitate Constructability Reviews
for the DC PLUG program, including, without limitation, inviting attendees, developing the
agenda, presentation material, and recording the minutes and findings of the workshop.
Constructability is defined as the effective and timely integration of construction
knowledge into the conceptual planning, design, construction, and field operations of a
project to achieve the overall project objectives in the best possible time and accuracy at
the most cost-effective levels.
(2) Oversee Site Logistics and Coordination: The PMC shall oversee the mobilization of
construction contractors to the site, including, without limitation, the review of site
utilization plans to ensure that the construction site (i) complies with local and federal
regulations, and (ii) does not cause significant negative issues for local businesses and
residents. The PMC shall diligently pursue resolution of any traffic issues that affected
residents might have that are caused by the construction activities.
(3) Construction Site Visits: In an oversight role, and secondary to a construction manager
for a project, the PMC shall observe construction and make recommendations to Pepco
and DDOT concerning construction progress, quality of construction, and conformance
with the contract documents for each assigned project within the DC PLUG Program.
These site visits shall be documented in an observation report detailing construction
activities observed and findings requiring further action.
(4) Oversee Program Construction Safety: The PMC shall monitor overall compliance with
local and federal health and safety requirements in addition to Pepco Safety Policies for
the DC PLUG Program. The PMC shall review Health and Safety Plans (“HSPs”) for
individual projects to ensure they are sufficient and observe on-site compliance with the
HSPs.
(5) Oversee RFIs Responses and Submittal Reviews: In an oversight role, and secondary to a
construction manager for a project, provide review, evaluation, recommendation, and
reports to Pepco and DDOT for Requests for Information (“RFI”s) and submittals prepared
by a construction contractor that may substantially impact the operational character of
the DC PLUG Program, program schedule or program budget, or that are not in
conformance with Pepco or DDOT design and construction standards.
(6) Oversee Value Engineering Program: In an oversight role, and secondary to a
construction manager for a project, provide review, evaluation, recommendation, and
reports, to Pepco and DDOT for Value Engineering Change Proposals (“VECP”) prepared
by a construction contractor that may substantially impact the operational character of
the DC PLUG Program, program schedule or program budget, or that are not in
conformance with DDOT design and construction standards. A VECP is a proposal
developed and documented by a construction contractor requesting a change in the
requirements of the Contract documents that must decrease the Contract Price and
maintain or improve the finished product’s required function, such as service life,
reliability, economy of operation, ease of maintenance, necessary standardized features,
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or appearance, and must not require an extension of the Contract dates for substantial or
final completion.
(7) Change Order Review and Oversight: In an oversight role, and secondary to a
construction manager for a project, provide review, evaluation, recommendation, and
reports, to Pepco and DDOT for Change Order Requests prepared by a construction
contractor that may substantially impact the operational character of the DC PLUG
Program, program schedule or program budget, or that are not in conformance with
Pepco or DDOT design and construction standards.
(8) Claims Avoidance: Participate and advise in analysis and negotiation of claims against the
District as requested by DDOT.
(9) Contract Closeout: Track and monitor the preparation of documentation for close-out to
the extent not the responsibility of a construction manager or in the absence of a
construction manager under contract at the time. Closeout includes the set-up of
preventive maintenance programs, management of warranties and asset preservation for
each project executed and importing redlined drawings into the Pepco GIS system. The
PMC shall be responsible for all necessary program close-out financial reports.

C.3.5 Procurement Goals Monitoring:

Prior to the start of any construction, as requested, the PMC shall assist DDOT with presentations
to the District of Columbia Council and the PSC as to how DDOT intends to meet the aspirational
goals established by DC PLUG legislation for procurement and workforce participation.

Once construction begins, the PMC shall draft monthly progress reports to measure compliance
with any SBE/CBE and workforce participation required by law or contract, and any aspirational
goals for procurement and workforce participation required by the DC Plug Act.

C.3.6 Environmental Management:

PMC shall provide environmental oversight and guidance to DDOT for the DC PLUG Program,
including, without limitation, the following:

(1) Environmental Impact Analysis Process (“EIAP”): Oversee EIAP activities for all actions
associated with the DC PLUG Program and ensure that the required approval
documentation is prepared and approved, if necessary.
(2) Cultural Resources: If historic or archeological issues arise during program execution,
provide oversight to ensure compliance with DC SHPO and Federal regulations.
(3) Hazardous Materials: Manage compliance with state and federal hazardous materials
requirements and ensure compliance and reporting.
(4) Oversee Permitting Requirements: Monitor the acquisition of all permits required for the
execution of DC PLUG Program projects and identify and track any issues affecting permit
acquisition. Provide this information to DDOT in a monthly permitting report. Such
monitoring and reporting shall include permits that are the responsibility of Pepco, but
PMC shall not have the authority to manage or otherwise act with respect to such Pepco
permits.
(5) Ensure the resolution of any environmental or ambient issues that residents might have,
including, without limitation, for example, rodents or noise.

C.3.7 Other.

13

Other duties and responsibilities that are usual and customary for the PMC profession and that
are related to the DC Plug program.

C.4 KEY PERSONNEL

The PMC shall report directly to the District’s Contract Administrator. The PMC staff will augment the
DDOT program support functions and monitoring for such items as budget, scheduling, and reporting, as
well as oversight of the planning, design, construction, and close-out phases.

The PMC shall develop an updated organizational chart and “Roles and Responsibilities” matrix to show
program functions, and who and what organization has primary and secondary responsibility for each
such function. These include, without limitation, funding approvals, design reviews, schedule reviews,
status reports, and financial reporting.

In response to the anticipated scope for the DC Plug Program, DDOT has identified the following Key
Personnel positions. Each person will be required to be available to meet with DDOT personnel at DDOT’s
headquarters located in Southeast Washington, DC, or as otherwise specified by DDOT.

The PMC Staff shall include the following Key Personnel:

a. PMC Executive – The PMC Executive shall be responsible for the overall management and delivery
of services. The PMC Executive will be responsible for ensuring that personnel and other
resources are made available when needed. This person must be a licensed Professional Engineer
and have at least 15 years’ experience in a comparable function. The PMC Executive must possess
the following qualifications and abilities:

(1) Strong and effective management skills capable of providing overall direction,
coordination and accomplishment of contractual functions and requirements on the
procurement of design and construction services.
(2) Ability to establish and maintain effective working relationships with, and evaluate the
work of, consultants, contractors, construction managers, and others.
(3) Ability to communicate effectively, orally and in writing especially on technical subjects;
expertise in preparing written reports, correspondence, and in briefing clients and
management personnel.
(4) Ability to analyze contract documents and construction projects for code deficiencies with
respect to District and federal requirements.
(5) General knowledge of construction methods and techniques.
(6) Ability to interpret architectural and engineering drawings and specifications, and to
coordinate them.
(7) Knowledge of and familiarity with related engineering fields sufficient to ensure that
areas of overlapping responsibilities between technical disciplines receive proper
consideration.
(8) Ability to lead construction contractors and construction managers relative to activities
on project construction sites and to analyze construction requests for information,
change order requests, change orders, and payment applications.
(9) Knowledge of construction site reporting systems for monitoring and control of projects,
including, without limitation, CPM scheduling and project cost status reporting.

14

b. Construction Quality Manager – This individual will be responsible for overseeing all construction
management contracts for DC PLUG to deliver construction activities with quality work, on time,
and on budget within the protocols and procedures of DDOT and contractual requirements. This
person must have demonstrated experience in complex urban highway, and utility project, and
have at least 20 years’ experience in the construction industry and performed a comparable
function within the last 10 years.

c. Design Quality Manager – The Design Quality Manager will be responsible for overseeing design
contracts for the DC PLUG Program to ensure that all design activities are delivered with quality
work, on time, and budget within DDOT and Pepco required standards. The Design Quality
Manager shall have proven skills in planning, design, scheduling, cost estimating, and a thorough
knowledge of all local and federal requirements of not only roadway design, but also bridge
design. The Design Quality Manager must be a licensed Professional Engineer, and have at least
15 years’ experience of relevant experience, and performed a comparable function within the last
10 years.

d. Project Controls Manager – The Project Controls Manager will be responsible for overseeing all
the project controls management for the DC PLUG Program. The Project Controls Manager shall
have proven skills in developing, implementing, and tracking project schedules, documentation,
budget, and change order and claims management. This person shall have a thorough
understanding of Primavera program management software, E-Builder Capital
Management/Construction Management program, and Microsoft SharePoint. Project Controls
Manager shall review baseline schedules and update schedules and help the Program Manager to
prepare recommendations in a report to DDOT and Pepco for rejection or approval of the
schedules. Project Controls Manager is preferred to have a minimum of 10 years of construction
experience.

e. Other Suggested Staff:

Outside of the Key Personnel, specific staff positions and responsibilities will be developed jointly
between DDOT and the successful Offeror to meet the required scope of services for each
assigned project within the DC PLUG program.

(1) Budget/Finance Analyst - Budget/Finance Analyst will liaise with the DDOT Budget and
Finance Manager and serve as an extension of those functions. Budget/Finance Analyst
shall be active in monitoring the budget status as the procurement contracts are awarded
and should keep track of, and report monthly on, contract adjustments to the award
amounts.
(2) Master Program Scheduler - Master Program Scheduler shall prepare and maintain the
Program Master Schedule. The schedule should be prepared in such fashion that should
allow the activity summary hammocks to demonstrate a schedule summary. The Master
Program Scheduler is responsible to prepare monthly status updates of the Master
Program Schedule for DDOT and Pepco.
(3) Design Review/Permit Coordinator - Design Review/Permit Coordinator shall coordinate
the periodic design reviews at the 30% and 65% design completion milestones for each
project. These design reviews should result in design comments aggregated and shared
with DDOT, Pepco, and individual design consultants. The Design Review/Permit
Coordinator shall keep track of permit requirements and the status on each individual
project.
15

(4) Contract Administrator (Design/CM Compliance) - Contract Administrator shall track the
status of procurements under the DC PLUG program. These should include the design
and CM functions on each project, including procurement, design and CM scope
monitoring, and design and CM status reporting.
(5) Program Outreach Support Coordinator - Assist DDOT and Pepco with communicating
project information, traffic advisories, provide DDOT and Pepco with assistance in
briefings for elected officials, and assist with the development of a public information
plan.
(6) Document Control Administrator - Document Control Administrator shall process and
catalogue documentations, correspondences, and other project documents relative to the
Program Management functions. This Document Control Administrator will support the
document control needs of the DDOT Program Management, Pepco and the PMC.
(7) SBE/CBE and Workforce Compliance Administrator or Consultant – Compliance
Administrator or Consultant shall be responsible for working with DDOT and Pepco to
encourage SBE/CBE participation on all DC PLUG projects within the parameters of
existing law. The SBE/CBE and Workforce Compliance Administrator or Consultant shall
be responsible for ensuring that maximum SBE/CBE and workforce participation
requirements, pursuant to the current law, are met, and for ensuring that all reasonable
efforts, within the parameters of then current law, for meeting the aspirational goals of
the DC Plug Act, are used.

Outside of the Key Personnel, specific staff positions and responsibilities will be developed jointly
between DDOT and the successful Offeror to meet the required scope of services for each
assigned project within DC Plug Program.

D. RESERVED

E. INSPECTION AND ACCEPTANCE
The inspection and acceptance requirements for this contract shall be governed by clause number
six (6), Inspection of Supplies of the Government of the District of Columbia's Standard Contract
Provisions for use with Supplies and Services Contracts, dated July 2010. (Attachment J.1)

Performance monitoring by DDOT will take place daily, monthly, and annually as required in The
Contract. Performance monitoring will be conducted by the DDOT Contract Administrator (CA).
The CA will manage each Project in accordance with the terms of the order and as delegated by
the Contracting Officer in the CA Delegation Letter.

F. DELIVERABLES AND PERFORMANCE
F.1 Period of Performance
F.1.1 The term of the contract shall be a period of two year from the date of award.
F.2 Option to extend the term of the contract:
F.2.1 The District may extend the base term of this Contract for a period of two year and 3 one-year option
periods, or successive fractions thereof, by written notice to the PMC before the expiration of the
Contract; provided that the District will give the PMC a preliminary written notice of its intent to
extend at least thirty (30) days before the contract expires. The preliminary notice does not commit
16

the District to an extension. The exercise of this option is subject to the availability of funds at the time
of the exercise of this option. The PMC may waive the thirty (30) day preliminary notice requirement
by providing a written waiver to the Contracting Officer prior to expiration of the Contract.
F.2.2 If the District exercises an option, the extended Contract shall be considered to include this option
provision.
F.2.3 The total duration of this contract, including the exercise of any options under this clause, shall
not exceed five years.
F.3 DELIVERABLES
F.3.1 The PMC shall be responsible for the professional quality, technical accuracy, and the coordination of
all studies, reports, recommendations, and other deliverables it furnishes under this Contract. The
PMC shall, without additional compensation, correct or revise any non-conforming deliverables if the
non-conformance is a result of errors in the PMC’s studies, reports, recommendations, and other
deliverables.
F.3.2 All studies, reports, recommendations, and other deliverables are subject to the review and approval
of DDOT. DDOT shall coordinate reviews with any other involved agencies and serve as the one point
of contact for all review and approval. The PMC shall prepare, modify, and correct all such non-
conforming deliverables in sufficient detail to secure such approval.
F.3.3 The PMC shall be responsible for the professional quality, technical accuracy, and the coordination
of all reports, recommendations, and other deliverables it furnishes under the Contract. The PMC
shall, without additional compensation, correct or revise any non-conforming deliverables, if the
non-conformance is a result of errors in the PMC’s reports, recommendations, and/or other
deliverables.
Deliverables include, but are not limited to, the following:
Deliverable Method of
Delivery Due Date To
Whom
Correspondence documents Electronic Daily DDOT
Invoice submittal Vendor
Portal Monthly
DDOT
Program Management Plan Electronic Once DDOT
Strategic Report for SBE/CBE Electronic Quarterly DDOT
Outreach Reports Electronic Weekly DDOT
Program Communications Plan Electronic Once DDOT
Project Forecasting Report Electronic Weekly DDOT
Program Schedule Report Electronic Weekly DDOT
Risk Management Plan Electronic Once DDOT
Design Reviews for various design submission stages (35%,
65%, 95%). Electronic Various per Plan
Submission DDOT
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G.1 INVOICE PAYMENT
G.1.1 The District will make payments to the PMC, 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 PMC on or before the 30th day after receiving a proper invoice from the PMC.
G.2 INVOICE SUBMITTAL
G.2.1 The PMC shall create and submit applications for payment in an electronic format through the DC Vendor
Portal, https://vendorportal.dc.gov.
G.2.2 Unless otherwise specified in the Contract, the PMC shall submit proper invoices on a monthly basis.
G.2.3 To constitute a proper invoice, the PMC shall enter all required information into the Portal after selecting
the applicable purchase order number, which is listed on the PMC’s profile.
G.3 PAYMENT
G.3.1 Reserved
G.3.2 Reserved
G.3.3 DSE: When compensation is based on labor hours, the PMC’s compensation shall be based upon a loaded
hourly rate which includes the total of DSE, the approved final indirect cost rate, and, under certain
circumstances as defined below, profit. When the compensation method is specific rates of compensation
or co st per unit of work, profit shall also be included in the negotiated fully loaded rates. When the
compensation method is cost plus fixed fee profit shall be excluded from the negotiated fully loaded rates.
Loaded hourly rates must be included for each of the key personnel positions identified in Attachment J.7
as well as for all personnel in other work classifications which may be necessary to perform the Contract.
G.3.3.1 DSE is defined as the actual salaries, expressed on an hourly wage basis, prior to deductions for employment
taxes (such as FICA, Medicare, income tax withholding) and employee -paid benefits, of all personnel,
including PMC's employees directly engaged on the Project (and performing consultations or research or
preparing documents for the Project). DSE shall exclude mandatory and customary fringe benefits and
employee benefits (such as employer -paid insurance, sick leave, ho lidays, vacation, pensions and si milar
contributions, or additions such as bonuses or other surplus payments), overhead expense (which includes
salaries of bookkeepers, secretaries, clerks, and the like), and profit relating to the Project. Any multiplier
applied to such DSE shall be for the purpose of covering such fringe benefits, expense, and profit. All
personnel shall mean anyone employed by the PMC and its subconsultants including, but not limited to,
Monthly Report for SBE/CBE Electronic Monthly DDOT
Meeting minutes Electronic Within 3 working days
after each meeting DDOT
Construction Review Reports Electronic Within the first 5 days of
each month DDOT
Miscellaneous Report and duties customary to PMC
operations Electronic Per Request DDOT
Progress report of the current Project status, any
outstanding issues, and any other additional data as
requested by the DDOT Project Manager
Electronic Bimonthly DDOT
Project Weekly Progress Report Electronic Weekly DDOT
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Key Personnel as defined in this contract, engineers, architects, officers, principals, associates, CADD
technicians, designers, job captains, draftspersons, and writers, who are performing consultation, research
or design, or who are producing documents p ertaining to the Project, or who are performing program
management services during planning, design, or construction of the Project or any component thereof
that are directly attributable to, and necessary for, program management related to such planning, design,
or construction.
G.3.3.1.1 The PMC and its subconsultants may provide for an annual adjustment of DSE rates in accordance with
their usual and customary annual salary adjustment process, including the timing of PMC’s annual firm-
wide DSE adjustments. Each DSE shall be entitled to a single raise in a 12-month period. Such rates shall
not increase by more than a percentage equal to the increase in the Consumer Price Index for all Urban
Consumers (CPI-U for Washington-Arlington-Alexandria) for the relevant period up to and including a
maximum increase of 3.0%. Prior to including any such DSE adjustments in an invoice, the PMC shall
submit a revised Attachment J.7 including the annual DSE adjustment and receive the CO’s prior written
approval.
G.3.3.2 Subject to § G.3.3, a proposal for a Contract compensated based on a cost per unit of work basis may utilize
average or categorical rates solely for the purpose of proposing the project budget for non-key personnel.
G.3.3.3 In the event a DSE is misrepresented by the PMC, the District reserves the right to adjust the compensation
paid to the PMC to reflect the difference between the reimbursed and actual allowable DSE.
G.3.3.4 The use of overtime may be authorized under this contract if the overtime premium does not exceed an
amount approved by the Contracting Officer for work:
G.3.3.4.1 Necessary to cope with emergencies such as those resulting from accidents, natural disasters,
breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;
G.3.3.4.2 By indirect -labor employees such as those performing duties in connection with administration,
protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;
G.3.3.4.3 To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation
conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be
interrupted or completed otherwise; or
G.3.3.4.4 That will result in lower overall costs to the District.
G.3.3.4.5 All requests for estimated overtime premiums shall include all estimated overtime for contract
completion and shall:
a. Identify the work unit; e.g., department or section in which the requested overtime will be used,
together with present workload, staffing, and other data of the affected unit sufficient to permit
the Contracting Officer to evaluate the necessity for the overtime;
b. Demonstrate the effect that denial of the request will have on the contract delivery or performance
schedule;
c. Identify the extent to which approval of overtime would affect the performance or payments in
connection with other District contracts, together with identification of each affected contract; and
d. Provide reasons why the required work cannot be performed by using multishift operations or by
employing additional personnel.
G.3.4 Other Direct Costs ("ODC"): PMC is authorized reimbursement of ODCs subject to the following provisions.
G.3.4.1 Types, rates, and amounts of allowable ODCs, if any, shall be negotiated for The Contract. ODCs, if allowed,
shall be subject to a maximum amount.
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G.3.4.2 Non-salary direct costs shall include purchase and rental of all materials, supplies, and equipment necessary
for the performance of the services on each assignment and cost of outside professional consulting or
contracting services, all at invoiced cost t o the PMC, plus the cost of communications and reproductions
directly chargeable to the project, plus necessary travel and per diem expenses. The purchase cost of all
materials, supplies and equipment, which are not for the exclusive use in providing the services included in
this Agreement, are not allowed as non -salary direct costs and shall be included in the PMC's overhead.
These items include, but are not limited to, copiers, computers, software, refrigerators, coffee makers,
microwave ovens, cellular phones, pagers, helmets, tape measures, fire extinguishers, and professional
books and references.
G.3.5 Equipment rental shall be billed at cost.
G.3.5.1 The cost of motor vehicle rentals and the cost of common carriers shall be the actual cost incurred. The cost
of motor vehicle leases and rentals shall be the actual cost incurred, subject to audit. Leases must be
supported by bona fide documentation from the leasing company and will only be allowed from established
companies in the business of leasing vehicles.
G.3.5.2 For use of personal or company owned vehicles, the reimbursement rate per mile stipulated in the cost
proposal, shall be the General Services Administration ("GSA") Privately Owned Vehicle mileage
reimbursement rate published at the time the cost is incurred.
G.3.5.2.1 The PMC shall maintain a mileage log for each project. The PMC shall submit the Project mileage log to
the District with each invoice and upon request from the Contracting Officer.
G.3.5.3 For personnel in travel status, reimbursement of actual expenses up to the maximum amount per day will
be allowed for meals and hotel. The allowable amount shall be GSAs per diem rates published for the
performance location at the time the cost is incurred. Travel must be approved in advance and in writing
by the District.
G.3.5.4 Costs of time applied and charged directly to each assignment of the services of special outside consultants,
contractors, or drafting services shall be included in nonsalary direct costs at rates stipulated in the
proposal.
G.3.5.5 Invoiced cost to the PMC of all technical computations for each assignment performed by outside
commercial electronic computation services shall be included in non-salary direct costs.
G.3.5 Facilities Capital Cost of Money (FCCM): FCCM is an allowable expense subject to the following provisions.
G.3.5.1 If reimbursement of FCCM is proposed, it shall be separately stated in the cost proposal.
G.4 INDIRECT COST RATES (ICR)
To the maximum extent practicable, the District intends to negotiate contract costs based on the PMC’s
approved final indirect cost rate(s) from the PMC’s most recently completed fiscal year. Consultants
providing services under the Contract shall develop indirect cost rates on an annual basis in accordance
with the Federal Cost Principles at 48 CFR 31 (Federal Acquisition Regulation). Notwithstanding the
foregoing definition of DSE, PMC's indirect cost rate shall comply with 48 CFR Part 31; 2 C.F.R. Part 200; and
23 C.F.R. § 172. Subconsultant's indirect cost rates are subject to the same requirements. PMC shall provide
separate indirect cost rates for home office and co -location when required. A Consultant's indirect cost
rate(s) and business systems (e.g., Accounting System) are subject to audit throughout the life of the
Contract and as permitted by Atta chments J.1 and J. 4. An indirect cost rate or business system that is
cognizant-approved, or otherwise acceptable under then current laws and regulations, shall be used.
G.4.1 For consultants with a field and home office indirect cost rate, the PMC shall state in each proposal which
rate applies based on the preponderance of the work location.
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G.4.2 For consultants with a unitary rate, the District reserves the right to require Project specific rates that
reflects the causal -beneficial relationship between the consultant's activities in the field and the pool of
costs being reimbursed, and in accordance with 27 DCMR § 3313. Such rates will take precedence over the
same audit rate for the period. Such rates may be documented using an advance agreement.
G.4.3 A consultant may voluntarily propose the use of an indirect cost rate that is lower than its current approved
rate, and the Contracting Officer may accept such a rate via the execution of an advance agreement.
G.4.4 The PMC and subcontractor's indirect cost rates will be subject to review and audit by DDOT for the life of
the Contract. A subcontractor is an independent contractor providing services to and under direct contract
to the PMC for a portion of the PMC's negotiated services for individual orders placed under the Contract.
If such an audit finds that the accepted indirect cost rate (the rate applied to DSE in calculating the loaded
fixed hourly rates for this contract) is unjustified, the loaded fixed ho urly rates for the Contract will be
recalculated using the indirect cost rate supported by the audit and the amounts payable under this
Contract will be changed accordingly. Hourly billing rates consist of the sum of approved DSE, approved
indirect cost, and allowable profit or fixed fee for each employee.
G.4.4.1 The District shall reimburse the PMC for such indirect costs that are allowable, allocable, and reasonable
under generally accepted accounting principles and as allowed in the Federal Acquisition Regulation
Subpart 31.2 and Section 31.105, and not prohibited by the laws of the District of Columbia.
G.4.4.2 Such indirect costs designated as Overhead in the PMC's Cost Summary (Attachment J.6), shall be applied
to an allocation base such as DSE. The allocation base shall represent a logical grouping based on a causal-
beneficial relationship of the allocation base to the final cost objectives.
G.4.4.3 Final incurred cost submissions shall be proposed utilizing one of the following types (in order of
preference):
a. An Indirect Cost Rate Schedule approved by a cognizant state or federal entity.
b. An arms -length auditing firm possessing the necessary credentials to perform such an audit in
accordance with FAR Part 31 and a DDOT- approved Certification of Final Indirect Costs; or
c. A DDOT-approved Self-Certification of Accounting System and Reimbursement Rates forms including
supporting documentation.
G.4.4.3.1 If a consultant receives an annual approval of its Indirect Cost Rates from a cognizant state of federal
entity, it shall utilize G.4.4.3(a) as its final incurred cost submission type.
G.4.4.3.2 A fiscal year's rate determination, using one of the above, shall be used in establishing the current
approved indirect cost rate.
G.4.4.3.3 An incurred cost submission provided under G.4.4.3 must be performed in accordance with Generally
Accepted Government Auditing Standards (GAGAS), 48 Code of Federal Regulations (CFR) Part 31, and
the AASHTO Uniform Audit & Accounting Guide for Ar chitectural & Engineering Consulting Firms
(Attachment J.14).
G.4.4.4 Annual Incurred Cost Package shall be submitted to the Contracting Officer and DDOT/OCFO Assurance
and Compliance Division (See § G.7) within six months of the PMC's annual fiscal year end. Regardless
of the Incurred Cost Submission type (See § G.4.5.3), the PMC’s annual incurred cost package shall
include a:
G.4.4.4.1 Incurred Cost Submission (G.4.4.3)
G.4.4.4.2 Cost Summary (Attachment J.5)
G.4.4.4.3 Internal Control Questionnaire for Consulting Engineers (Attachment J.8)
G.4.4.4.4 Certification of Final Indirect Costs (Attachment J.9)
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G.4.4.4.5 Executive Compensation Analysis Matrix (Attachment J.10)
G.4.4.4.6 If requested, additional supporting documentation
G.4.4.5 Prior to award, the Consultant will be required to submit certified payrolls for all anticipated staff working
on the project including certified payrolls for all subconsultants (or when subconsultants are determined).
Certified payroll will be required to be submitted annually throughout the life of the Contract.
G.4.5 Provisional Indirect Cost Rates : Consultants that do not have an approved final indirect cost rate may
submit for use provisional rates to the extent permitted by, and in accordance with the applicable Federal
regulations. If a subsequent audit determines that the provisional indirect cost rate (the rate applied to DSE
in calculating the loaded hourly rates for this contract) is unjustified, the loaded hourly rates for the Contract
will be recalculated using the indirect cost rate supported by the audit and the amounts payable under this
Contract will be changed accordingly. Hourly billing rates will utilize the provisional indirect cost rate until
an approved final indirect cost rate is available. This section applies to all contract types and compensation
methods when a provisional indirect cost rate was used in the negotiation and billing of contract costs.
G.4.5.1 Upon completion of the Contract, the District will determine the final payment for indirect costs by audit of
the Consultant's accounts to establish the actual allowable overhead rate experienced during the period of
performance of the Contract.
G.4.5.2 If the Consultant's actual allowable overhead rate during this period is less than the provisional overhead
rate established, the Consultant shall reimburse the District for the difference between the indirect cost
computed on the basis of the provisional indirect cost rate and the actual allowable indirect cost rate
computed on the basis of the actual allowable final indirect cost rate established in accordance with the
provisions of this subsection (“true-up”).
G.4.5.3 The Consultant shall invoice the District at the provisional overhead rate allowed with the understanding
that this rate may be adjusted upon audit by the District pursuant to the provisions of this clause. The
Consultant agrees and acknowledges that the d ecision of the District in the establishment of the actual
allowable final indirect cost rate for final payment of indirect costs shall be final.
G.4.5.4 The validity of these indirect costs may be verified from the indirect cost records of the Consultant by
authorized representatives of the District and Federal Government as the work progresses, and in any event
before final settlement of the Consultant's costs under the terms of this contract, or modifications hereto.
G.4.6 Use of District Safe Harbor Indirect Cost Rates: The safe harbor indirect cost rates reimburse a significant
portion of the basic overhead costs while still incentivizing the Consultant to develop an actual indirect cost
rate when able to do so.
G.4.6.1 Safe Harbor Eligibility New or start-up firms may request the use of the District’s Safe Harbor rates. Eligible
firms include new firms that do not have the contract related cost history to use as a base for developing
an overhead rate, and experienced consulting firms that may n ot have previous experience with federally
or locally funded contracts for which an indirect cost rate would have been developed.
G.4.6.1.1 New or Start-up firms - Consultants that have less than one full fiscal year of business history, or
G.4.6.1.2 Established Consultants that lack previous experience with federally or locally funded contracts
requiring the development of an overhead rate in compliance with applicable cost principles and does
not have an accounting system that properly segregates direct and indirect costs.
G.4.6.1.3 Consultants shall have an adequate accounting system to be eligible to use the Safe Harbor rate. The
District will verify the status of a Consultant’s accounting system in the District, state of incorporation,
or other states where the Consultant conducts business. For additional information on accounting
systems, please see § G.5.
G.4.6.2 Safe Harbor Terms and Conditions
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G.4.6.2.1 Eligible consulting firms that use the Safe Harbor indirect cost rate, and do not have established salaries
or wage rates for employees or classes of employees, use negotiated, fixed hourly labor rates for the
direct labor portion of the contract ed services. The negotiated direct labor rate should meet the
reasonableness provisions as set forth in 2 CFR 200.404, considering the nature of the services to be
provided. Where appropriate for the scope of services under contract, a ‘‘fully loaded’’ hourly rate may
be established utilizing a reasonable hourly direct labor rate, a safe harbor indirect cost rate as the
overhead rate component, and an appropriate amount of fixed fee that considers the complexity and
risk involved in performing the required services.

G.4.6.2.2 Use of the safe harbor rate is voluntary for the Consultant and the District.

G.4.6.2.3 Once requested by the consultant and agreed to by the CO, the safe harbor indirect cost rate must be
utilized for the duration of the contract and may not be adjusted. An advance agreement shall be
executed to establish the safe harbor rate for any prime or subconsultant.

G.4.6.3 Safe Harbor Indirect Cost Rates
G.4.6.3.1 Home Office: 110%
G.4.6.3.2 Field: 85%

G.5 CONSULTANT ACCOUNTING SYSTEMS AND RELATED CONTROLS
PMC shall establish and maintain an acceptable accounting system or systems that provide for
accounting methods, procedures, and controls established to gather, record, classify, analyze,
summarize, interpret, and present accurate and timely financial data fo r reporting in compliance with
applicable laws, regulations, and management decisions, and may include subsystems for specific areas
such as indirect and other direct costs, compensation, billing, labor, and general information
technology.
G.5.1 Acceptable Accounting System Criteria – An acceptable accounting system provides reasonable
assurances that the cost data is reliable, risk of misallocations and mischarges are minimized, cost
allocations and charges are consistent with billing procedures, and applicable laws and regulations are
obeyed. Accordingly, the District may consider the following criteria in determining the acceptability of
consultant accounting systems: A sound internal control environment, accounting framework, and
organizational structure.
G.5.1.2 Proper segregation of direct costs from indirect costs.
G.5.1.3 Identification and accumulation of direct costs by contract.
G.5.1.4 A logical and consistent method for the accumulation and allocation of indirect costs to intermediate and
final cost objectives.
G.5.1.5 Accumulation of costs under general ledger control.
G.5.1.6 Reconciliation of subsidiary cost ledgers and cost objectives to general ledger.
G.5.1.7 Approval and documentation of adjusting entries.
G.5.1.8 Management reviews or internal audits of the system to ensure compliance with the PMC’s established
policies, procedures, and accounting practices.
G.5.1.9 A timekeeping system that identifies employees’ labor by intermediate or final cost objectives.
G.5.1.10 A labor distribution system that charges direct and indirect labor to the appropriate cost objectives.
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G.5.1.11 Interim (at least monthly) determination of costs charged to a contract through routine posting of books
of account.
G.5.1.12 Exclusion from costs charged to Government contracts of amounts which are not allowable in terms of
Federal Acquisition Regulation (FAR) part 31, Contract Cost Principles and Procedures, and other contract
provisions.
G.5.1.13 Billings that can be reconciled to the cost accounts for both current and cumulative amounts claimed and
comply with contract terms.
G.5.1.14 Adequate, reliable data for use in pricing follow-on acquisitions; and
G.5.1.15 Accounting practices in accordance with Generally Accepted Accounting Principles.
G.5.2 Accounting System Determination
The Contracting Officer, in consultation with the auditor or functional specialist, will review the findings and
recommendations and, if there are no significant deficiencies, will promptly notify the PMC that the
accounting system is acceptable and approved.
G.5.3 Accounting System Deficiencies
The Contracting Officer will provide an initial determination to the PMC, in writing, of any significant
deficiencies. The initial determination will describe the deficiency in sufficient detail to allow the PMC to
understand the deficiency.
G.5.3.1 A significant deficiency for the accounting system means a shortcoming in the system that materially
affects the ability of the District to rely upon information produced by the system that is needed for
management purposes.
G.5.3.2 The PMC shall respond, in writing, within 30 days to an initial determination that there are one or more
significant deficiencies in the accounting system.
G.5.3.3 The Contracting Officer will evaluate the PMC’s response and notify the PMC, in writing, of the final
determination as to whether the PMC’s accounting system contains significant deficiencies. If the
Contracting Officer determines that the PMC’s accounting system contains significant deficiencies, the
final determination may include a notice to withhold payments.
G.5.3.4 If the Contracting Officer issues the final determination with a notice to withhold payments for significant
deficiencies in a PMC’s accounting system, the Contracting Officer may withhold or direct the PMC, in
writing, to withhold not more than five percent of amounts due from its billings under the contract and
any resulting orders until the Contracting Officer has determined that the PMC has corrected all
significant deficiencies as directed by the Contracting Officer’s final determination. The PMC shall, within
45 days of receipt of the notice, either correct the deficiencies or submit an acceptable corrective action
plan showing milestones and actions to eliminate the deficiencies.
G.5.3.5 Upon resolution of all significant deficiencies, the Contracting Officer will promptly notify the PMC of the
approval of the previously disapproved accounting system and release the withheld payments.
G.6 APPLICABILITY OF INDIRECT COST RATE TRUE-UPS
G.6.1 An order or specific Contract Line-Item Number (“CLIN”) in a Contract that is negotiated on the basis of a
provisional indirect cost rate is subject to the indirect cost rate true -up procedures § G.4.5.2 regardless of
the compensation method negotiated. Conversely, a Contract negotiated on the basis of a final accepted
indirect cost rate is not subject to § G.4.5.2.
G.6.2 Indirect cost rates established via advance agreement, including Safe Harbor rates in accordance with §
G.4.6, are not subject to the indirect cost rate procedures in § G.4.5.2
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G.7 REVIEW OF RECORDS – COGNIZANT ENTITY
G.7.1 OCP at DDOT accounting staff provides evaluation, review, and audit of A/E contracts to determine whether
contract costs are allowable, allocable, and reasonable (See § G.4) as well as perform accounting system
reviews (See § G.5).
G.8 LIMITATION OF COST
G.8.1 The lump sum method shall be used only for contracts with an extent, complexity, character, and duration
of the work that are sufficiently well -defined. When compensation for PMC’s services for a Contract is a
fixed price with an overall total guaranteed maximum ceiling price, each CLIN may be a separate individual
guaranteed maximum ceiling price. Absent an amendment to the Contract overall, each separate individual
guaranteed maximum ceiling price amount stated for compensation shall not be exceeded. If a ny of them
are exceeded, then the District shall have no liability or responsibility for paying any amount of such excess,
which will be at PMC’s own cost and expense. Any savings shall accrue 100% to the District.
G.8.2 Compensation, except for reimbursable expenses, shall be based on the actual individual hourly rate and
actual hours worked by the employee excluding travel time. Individual hourly rates shall not exceed those
set forth in an attachment to the Contract or to this Contract, subject to the limitations and qualifications
set forth in Section G, and potentially subject to an annual escalation factor as defined in Section G.
G.8.3 The overall guaranteed maximum ceiling price amount includes amounts for subcontracts, each of which
may be a separate individual guaranteed maximum ceiling amount and includes subconsultant expenses.
G.8.4 If any of the above subcontract total or reimbursable expenses total amounts in a Contract are exceeded,
then the District shall have no liability or responsibility for paying any amount of such excess, which will be
at PMC’s own cost and expense. Reimbursable expenses must be supported by invoices, receipts, and other
documentary evidence in accordance with District rules and procedures. Any savings shall accrue 100% to
the District.
G.8.5 PMC shall be entitled to request an equitable adjustment to a Contract guaranteed maximum ceiling price
for the following reasons:
G.8.5.1 Acceleration of the schedule if such acceleration results in a material net increase in the quantity of
services to be provided by the PMC within the Contract period. The request for adjustment shall consider
whether such increase caused by schedule acceleration will also result in any corresponding decreases in
services to be provided during the same or other contract periods.
G.8.5.2 A material increase in the scope of any services resulting in a net increase in the quantity of services to
be provided by the PMC.
G.8.5.3 A material net addition to the scope of the services to be provided by the PMC as defined in a Contract
or herein.
G.8.5.4 An extension of the date established herein for the completion of any of the services required by the
Contract or herein by more than thirty (30) days through no fault of the PMC, if such extension causes a
material increase in the quantity of services to be provided by the PMC.
G.8.6 In the absence of a defined scope of services, and if a Contract is based on an estimated price, then the
parties estimate that performance of the Contract will not cost the District more than the estimated price
specified in the Contract. The PMC agrees to use its best efforts to perform the work specified in the
Contract and all obligations under this Contract within the estimated price.
G.8.7 The PMC shall notify the Contracting Officer in writing whenever it has reason to believe that:
G.8.7.1 The incremental price the PMC expects for the Contract in the next 60 days, when added to the price
for all performance previously incurred, will exceed 75 percent of the estimated price specified in the
Contract; or
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G.8.7.2 The total price for the performance of the Contract will be either greater or substantially less than had
been previously estimated.
G.8.8 As part of the notification, the PMC shall provide the Contracting Officer a revised estimate of the total
price of performing the Contract.
G.8.9 Except as required by other provisions of this contract, specifically citing, and stated to be an exception to
this clause.
G.8.10 The District is not obligated to reimburse the PMC more than the estimated price specified in the Contract;
and
G.8.11 The PMC is not obligated to continue performance under the Contract (including actions under the
Termination clause of this contract) or otherwise perform services more than the estimated cost specified
in the Contract, until the Contracting Officer (i) notifies the PMC in writing that the estimated price has been
increased and (ii) provides a revised estimated total price of performing the Contract.
G.8.12 No notice, communication, or representation in any form other than that specified in this Section G.8, or
from any person other than the Contracting Officer, shall affect the Contract's estimated price to the
District. In the absence of the specified notic e, the District is not obligated to compensate the PMC more
than the estimated price, regardless of whether such excess was incurred during the contract, or as a result
of termination.
G.8.13 If the estimated price specified in the Contract is increased, then any performance by the PMC before the
increase that are more than the previously estimated price shall be allowable to the same extent as if
incurred afterward, unless the Contracting Officer issues a termination or other notice directing that the
increase is solely to cover termination or other specified expenses.
G.8.14 Change orders shall not be considered an authorization to exceed the estimated price to the District
specified in the Contract, unless they contain a statement increasing the estimated price.
G.9 FINAL PAYMENT
G.9.1 Upon satisfactory completion by the PMC of the services described in Contract, including the receipt of all
plans, specifications, and estimates (PS&E) packages, reports, maps, notes, electronic data, and other
related deliverables which are required to be furnished by the PMC, the PMC shall submit to the District a
final payment request in accordance with the PMC’s Cost Summary less any payments in process or already
paid. Upon approval of the PMC's Cost Summary and acceptance by the Contracting Officer of all
deliverables required by the Contract prepared in accordance with the requirements of the Contract, the
District shall approve the final payment to the PMC.
G.9.2 The PMC agrees that acceptance of this final payment shall be in full and final settlement of all claims arising
against the District for work done, materials furnished, costs incurred, or otherwise arising out of this
Contract and PMC thereby releases the District from any and all further claims of whatever nature, whether
known or unknown at the time for and on account of said Contract, and for any and all work done, and
labor and materials furnished, in connection with same.
G.9.3 Acceptance of such final payment by the PMC shall constitute a release of all claims for payment, which the
PMC may have against the District, unless such claims are specifically referred in writing and transmitted to
the District by the PMC prior to its acceptance of such final payment. Such final payment shall not, however,
be a bar to any claims that the District may have against the PMC or to any remedies at law or in equity that
the District may pursue with respect to such claims.
G.9.4 The payment of any billing will not constitute agreement as to the appropriateness of any item and at the
time of final audit, all required adjustments will be made and reflected in a final payment. If such final audit
reveals an overpayment to the PMC, then the PMC shall refund such overpayment to the District within
26

thirty (30) business days of notice of the overpayment. Such refund shall not constitute a waiver by the
PMC for any claims relating to the validity of a finding by the District of overpayment. The PMC has twenty
(20) business days after receipt of the Final Post Audit to appeal to the District for audit findings.
G.9.5 The aggregate ceiling under this Contract shall be [TBD at Award] per year. The District shall not reimburse
the PMC for unauthorized expenses in excess of the maximum amount.
G.9.6 The minimum guarantee is one (1) billable hour at the principle-in-charge rate per contract period.
G.10 ASSIGNMENT OF CONTRACT PAYMENTS
G.10.1 In accordance with 27 DCMR 3250, the PMC may assign to a bank, trust company, or other financing
institution funds due or to become due as a result of the performance of this contract.
G.10.2 Any assignment shall cover all unpaid amounts payable under this contract and shall not be made to more
than one party.
G.10.3 Notwithstanding an assignment of contract payments, the PMC, not the assignee, is required to prepare
invoices. Where such an assignment has been made, the original copy of the invoice must refer to the
assignment and must show that payment of the invoice is to be made directly to the assignee as follows:
“Pursuant to the instrument of assignment dated __________________, make payment of this invoice to
(name and address of assignee).”
G.11 THE QUICK PAYMENT ACT (FEB 2019)
G.11.1 Interest Penalties to Contractors
The District will pay interest penalties on amounts due to the PMC under the Quick Payment Act, D.C.
Official Code § 2 -221.01 et seq., as amended, for the period beginning on the day after the required
payment date and ending on the date on which payment of the amount is made. Interest shall be calculated
at the rate of at least 1% per month. No interest penalty shall be paid if payment for the completed delivery
of the item of property or service is made on or before the required payment date. The required payment
date shall be:
G.11.1.1 The date on which payment is due under the terms of this contract.
G.11.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of delivery of meat or meat food
products.
G.11.1.3 Not later than 10 calendar days, excluding legal holidays, after the date of delivery of a perishable
agricultural commodity; or
G.11.1.4 30 calendar days, excluding legal holidays, after receipt of a proper invoice for the amount of the
payment due.
G.11.2 No interest penalty shall be due to the PMC if payment for the completed delivery of goods or services is
made on or before:
G.11.2.1 3rd day after the required payment date for meat or a meat product.
G.11.2.2 5th day after the required payment date for an agricultural commodity; or
G.11.2.3 15th day after any other required payment date.
G.11.3 Any amount of an interest penalty which remains unpaid at the end of any 30-day period shall be added to
the principal amount of the debt and thereafter interest penalties shall accrue on the added amount.
G.12 PAYMENTS TO SUBCONTRACTORS
G.12.1 The PMC shall take one of the following actions within seven (7) days of receipt of any amount paid to the
PMC by the District for work performed by any subcontractor under the contract:

27

G.12.1.1 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.12.1.2 Notify the CO and the subcontractor(s), in writing, of the PMC’s intention to withhold all or part of the
subcontractor’s payment and state the reason for the nonpayment.
G.12.2 The PMC shall pay subcontractors or suppliers interest penalties on amounts due to the subcontractor or
supplier beginning on the day after the payment is due and ending on the date on which the payment is
made. Interest shall be calculated at the rate of at least 1% per month. No interest penalty shall be paid on
the following if payment for the completed delivery of the item of property or service is made on or before
the:
G.12.2.1 3rd day after the required payment date for meat or a meat product;
G.12.2.2 5th day after the required payment date for an agricultural commodity; or
G.12.2.3 15th day after any other required payment date.
G.12.3 Any amount of an interest penalty which remains unpaid by the PMC 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.12.4 A dispute between the PMC 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.12.5 Subcontract requirements.
G.12.5.1 The PMC 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.12.5.2 The PMC shall include in each subcontract under this contract a provision that obligates the PMC, 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.12.5.3 If subconsultants are agreed upon by DDOT and the successful Offeror during negotiations between the
Offeror and DDOT, then the PMC will be permitted to subcontract only with such firms, pursuant to
Title 48, Chapter 1, Section 44.204(b) of the Code of Federal Regulations.
G.13 CONTRACTING OFFICER (“CO”)
G.13.1 Contracts will be entered into and signed on behalf of the District only by contracting officers. The name,
address and telephone number of the Contracting Officer is:
Carol Hessler
Office of Contracting and Procurement
Address: 250 M Street, SE, 7th Floor
Washington, DC 20003
Telephone: 202-812`9245
E-mail address: Carol.Hessler@dc.gov

G.13.2 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER
G.13.2.1 The Contracting Officer is the only person authorized to approve changes in any of the requirements of
this contract.
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G.13.2.2 The PMC 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 Contracting Officer.
G.13.2.3 In the event the PMC effects any change at the instruction or request of any person other than the
Contracting Officer, the change will be considered to have been made without authority and no
adjustment will be made in the contract price to cover any cost increase incurred as a result thereof.
G.14 CONTRACT ADMINISTRATOR (“CA”)
G.14.1 The CA is responsible for general administration of the contract and advising the CO as to the PMC’s
compliance or noncompliance with the contract. The CA has the responsibility of ensuring the work
conforms to the requirements of the contract and such other responsibilities and authorities as may be
specified in the contract. These include:
G.14.1.1 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.14.1.2 Coordinating site entry for PMC personnel, if applicable;
G.14.1.3 Reviewing invoices for completed work and recommending approval by the CO if the PMC’s costs
are consistent with the negotiated amounts and progress is satisfactory and commensurate with
the rate of expenditure;
G.14.1.4 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.14.1.5 Maintaining a file that includes all contract correspondence, modifications, records of inspections
(site, data, equipment) and invoice or vouchers.
G.14.2 The address and telephone number of the CA is:
Cesar Barreto, PMP
Civil Engineer – Utlities
Infrastructure Project Management Administration
Cesar.barreto@dc.gov
G.14.3 The CA shall NOT have the authority to:
1. Award, agree to, or sign any contract, delivery order or Contract. 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 PMC;
5. Change the period of performance; or
6. Authorize the use of District property, except as specified under the contract.
G.14.4 The PMC will be fully responsible for any changes not authorized in advance, in writing, by the CO;
may be denied compensation or other relief for any additional work performed that is not so
authorized; and may also be required, at no additional cost to the Dist rict, to take all corrective
action necessitated by reason of the unauthorized changes.
G.15 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT
This Section applies only to locally funded contracts and task orders unless explicitly noted otherwise.

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G.15.1 For contracts subject to the 51% District Residents New Hires Requirements and First Source Employment
Agreement requirements, final request for payment must be accompanied by the report or a waiver of
compliance.
G.15.2 The District may impose monetary fines for willful breach of the employment agreement or failure to
submit the compliance report.
G.15.3 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 Resident New
Hires Requirements and First Source Employment Agreement requirements.

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H. SPECIAL CONTRACT CLAUSES

N/A

I. CONTRACT PROVISIONS
I.1 Applicability of Standard Contract Provisions
If this contract is funded by the US Department of Transportation -Federal Highway Administration, then the
Contract shall incorporate the General Provisions (Federally Funded Agreements) dated February 19, 1981, revised
March 2, 2001.
I.2 Contracts That Cross Fiscal Years
Continuation of the Contract beyond the current fiscal year is contingent upon availability of funding.
I.3 Confidentiality of Information
All information obtained by the PMC relating to any employee or customer of the District shall be kept in absolute
confidence and shall not be used by the PMC in connection with any other matters, nor shall any such information
be disclosed 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
I.5.1 “Data,” as used herein, means recorded information, regardless of form or the media on which it may be
recorded. Data includes technical data and computer software. Data does not include information
incidental to contract administration, such as fina ncial, administrative, cost or pricing, or management
information.
I.5.2 The term “Technical Data”, as used herein, means recorded information, regardless of form or
characteristic, of a scientific or technical nature. Technical data may, for example, document research,
experimental, developmental or engineering work, or be usable or used to define a design or process or to
procure, produce, support, maintain, or operate material. The technical data may be graphic or pictorial
delineations in media such as drawings or photographs, text in specifications or related performa nce or
design type documents or computer printouts. Examples of technical data include research and engineering
data, engineering drawings and associated lists, specifications, standards, process sheets, manuals,
technical reports, catalog item identificat ions, and related information, and computer software
documentation. Technical data does not include computer software or financial, administrative, cost and
pricing, and management data or other information incidental to contract administration.
I.5.3 “Computer Software”, as used herein means computer programs and computer databases.
I.5.4 “Computer Programs”, as used herein means a series of instructions or statements in a form acceptable to
a computer, designed to cause the computer to execute an operation or operations. "Computer Programs"
include operating systems, assemblers, comp ilers, interpreters, data management systems, utility
programs, sort merge programs, and automated data processing equipment maintenance diagnostic
programs, as well as applications programs such as payroll, inventory control and engineering analysis
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programs. Computer programs may be either machine -dependent or machine- independent and may be
general purpose in nature or designed to satisfy the requirements of a particular user.
I.5.6 "Computer databases", as used herein, means a collection of data in a form capable of being processed and
operated on by a computer.
I.5.7 All data first produced in the performance of this Contract shall be the sole property of the District. The
PMC hereby acknowledges that all data, including, without limitation, computer program codes, produced
by PMC for the District under this Contract, are works made for hire and are the sole property of the District;
but, to the extent any such data may not, by operation of law, be works made for hire, PMC hereby transfers
and assigns to the District the ownership of copyright in such works, wheth er published or unpublished.
The PMC agrees to give the District all assistance reasonably necessary to perfect such rights including, but
not limited to, the works and supporting documentation and the execution of any instrument required to
register copyrights. The PMC agrees not to assert any rights in common law or in equity in such data. The
PMC shall not publish or reproduce such data in whole or in part or in any manner or form, or authorize
others to do so, without written consent of the District unt il such time as the District may have released
such data to the public.
I.5.8 The District will have restricted rights in data, including computer software and all accompanying
documentation, manuals and instructional materials, listed or described in a license or agreement made a
part of this contract, which the parties have agreed will be furnished with restricted rights, provided
however, notwithstanding any contrary provision in any such license or agreement, such restricted rights
shall include, as a minimum the right to:
I.5.8.1 Use the computer software and all accompanying documentation and manuals or instructional materials
with the computer for which or with which it was acquired, including use at any District installation to which
the computer may be transferred by the District;
I.5.8.2 Use the computer software and all accompanying documentation and manuals or instructional materials
with a backup computer if the computer for which or with which it was acquired is inoperative;
I.5.8.3 Copy computer programs for safekeeping (archives) or backup purposes; and modify the computer
software and all accompanying documentation and manuals or instructional materials, or combine it with
other software, subject to the provision that the m odified portions shall remain subject to these
restrictions.
I.5.8.4 The restricted rights set forth in section I.5.7 are of no effect unless the data is marked by the PMC with the
following legend:
RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure is subject to restrictions stated in
Contract No. __________
With__________________; and

I.5.8.5 If the data is computer software, the related computer software documentation includes a prominent
statement of the restrictions applicable to the computer software. The PMC may not place any legend on
the computer software indicating restrictions on the District’s rights in such software unless the restrictions
are set forth in a license or agreement made a part of the contract prior to the delivery date of the software.
Failure of the PMC to apply a restricted rights legend to such computer software shall relieve the District of
liability with respect to such unmarked software.
I.5.8.6 In addition to the rights granted in Section I.5.6 above, the PMC hereby grants to the District a nonexclusive,
paid-up license throughout the world, of the same scope as restricted rights set forth in Section I.5.7 above,
under any copyright owned by the PMC, in any work of authorship prepared for or acquired by the District

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under this contract. Unless written approval of the Contracting Officer is obtained, the PMC shall not include
in technical data or computer software prepared for or acquired by the District under this contract any
works of authorship in which copyright is not owned by the PMC without acquiring for the District any rights
necessary to perfect a copyright license of the scope specified in the first sentence of this paragraph.
I.5.9 Whenever any data, including computer software, are to be obtained from a subcontractor under this
contract, the PMC shall use this Section I.5, 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.
I.5.10 For all computer software furnished to the District with the rights specified in Section I.5.6, the PMC shall
furnish to the District, a copy of the source code with such rights of the scope specified in Section I.5.6. For
all computer software furnished to the District with the restricted rights specified in Section I.5.7, the
District, if the Contractor, either directly or through a successor or affiliate shall cease to provide the
maintenance or warranty services provided the District under this c ontract or any paid -up maintenance
agreement, or if Contractor should be declared bankrupt or insolvent by a court of competent jurisdiction,
shall have the right to obtain, for its own and sole use only, a single copy of the then current version of the
source code supplied under this 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.
I.5.11 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.5.12 Nothing contained in this clause shall imply a license to the District under any patent or be construed as
affecting the scope of any license or other right otherwise granted to the District under any patent.
I.5.13 Paragraphs I.5.6, I.5.7, I.5.8, I.5.11, and H.5.12 above are not applicable to material furnished to the
Contractor by the District and incorporated in the work furnished under contract, provided that such
incorporated material is identified by the Contractor at the time of delivery of such work.
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 Subcontractors and Outside Associates and Consultants (Architect-Engineer Services)
Any subcontractors and outside associates or consultants required by the PMC in connection with the services
covered by the Contract will be limited to individuals or firms that were specifically identified and agreed to during
negotiations. The PMC shall obtain the Contracting Officer's written consent before making any substitution for
these subcontractors, associates, or consultants.
I.8 The resultant Contract will also contain, without limitation, the following provisions:
(1) The Standard Contract Provisions for use with District of Columbia Government Supplies and
Services Contracts (2010).
(2) U.S. Department of Labor SCA Wage Determination WD 15-4281 (Rev. 27), dated June 30, 2023
(or more recent version). Available at: https://sam.gov/content/wage-determinations
(3) Fair Criminal Record Screening: The PMC will be required to comply with the provisions of the Fair
Criminal Record Screening Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20 -
152).
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Other provisions as applicable or as determined by the District of Columbia. Offerors are advised to consult
“Required Solicitation Documents” found at http://ocp.dc.gov/node/599822

I.9 Insurance

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

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

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

B. INSURANCE REQUIREMENTS

1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide evidence satisfactory to the
CO with respect to the services performed that it carries a CGL policy, written on an occurrence (not
claims-made) basis, on Insurance Services Office, Inc. (“ISO”) form CG 00 01 04 13 (or another occurrence-
based form with coverage at least as broad and approved by the CO in writing), covering liability for all
ongoing and completed operations of the Contractor and under all subcontracts, covering claims for
bodily injury, including without limitation sickness, disease or death and mental anguish of any persons,
broad form property damage, including loss of use resulting therefrom, personal and advertising injury,
and including coverage for liability arising out of an Insured Contract (including the tort liability of another
assumed in a contract) and acts of terrorism (whether caused by a foreign or domestic source). Such coverage
shall have limits of liability of not less than $1,000,000 for each occurrence, and a $2,000,000 general
aggregate.

The Commercial General Liability shall be further endorsed to:
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a) To the fullest extent permitted by law, provide additional insured coverage using ISO form CG
2015 0413 (or its equivalent) to The Government of the District of Columbia
b) Coverage available to the additional insureds shall apply on a primary and non-contributing
basis as respects any other insurance, deductibles, or self-insurance available to the
additional insureds
c) A waiver of subrogation in favor of The Government of the District of Columbia
d) Any Annual Aggregate shall apply on a per location or per project basis (where applicable)
e) Defense costs shall be in addition to and not erode the limits of liability

2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory to the CO of
commercial (business) automobile liability insurance written on ISO form CA 00 01 10 13 (or another form
with coverage at least as broad and approved by the CO in writing) including coverage for all owned,
hired, borrowed and non-owned vehicles and equipment used by the Contractor in connection with work
under this agreement, with a minimum combined single limit of $1,000,000 for bodily injury or death and
property damage, including loss of use thereof. Such policy or policies of automobile liability insurance
shall be written on an "occurrence" (as opposed to a "claims made") basis.

Auto Physical Damage Coverage - The Contractor shall provide auto physical damage insurance to cover
"loss" to a covered "auto" or its equipment:

a) Comprehensive - Fire, lightning or explosion; theft; windstorm, hail or earthquake; flood;
mischief or vandalism; or the sinking, burning, collision or derailment of any conveyance
transporting the covered "auto".
b) Collision Coverage - Caused by: The covered "auto's" collision with another object or the
covered "auto's" overturn.

The Commercial Auto Liability policy shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage to The
Government of the District of Columbia
b) Coverage available to the additional insureds shall apply on a primary and non-contributing
basis as respects any other insurance, deductibles, or self-insurance available to the
additional insureds
c) A waiver of subrogation in favor of The Government of the District of Columbia
d) Defense costs shall be in addition to and not erode the limits of liability
e) If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened Coverage for
Covered Autos - Business Auto, Motor Carrier, and Truckers (or its equivalent)

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

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

The Workers Compensation and Employers Liability shall be further endorsed to:
a) Include a Waiver of Subrogation in favor of The Government of the District of Columbia.
b) Where applicable, include United States Longshore and Harbor Workers Compensation Act
(USL&H)
c) Where applicable, include Jones Act Coverage for seamen or crew members on an “if any” basis.
35

4. Network Security/Privacy (Cyber) Liability Insurance covering acts, errors, omissions, breach of contract,
and violation of any consumer protection laws arising out of Contractor’s operations or services with a
limit of $2,000,000 per claim and in the aggregate. Such coverage shall include but not be limited to, third
party and first party coverage for loss or disclosure of any data, including personally identifiable
information and payment card information, network security failure, violation of any consumer protection
laws, unauthorized access and/or use or other intrusions, infringement of any intellectual property rights
(except patent), unintentional breach of contract, negligence or breach of duty to use reasonable care,
breach of any duty of confidentiality, invasion of privacy, or violations of any other legal protections for
personal information, defamation, libel, slander, commercial disparagement, negligent transmission of
computer virus, or use of computer networks in connection with denial of service attacks. Such coverage
shall include regulatory defense and fines/penalties in any jurisdiction anywhere in the world. Such
coverage shall include contractual privacy coverage for data breach response and crisis management costs
that would be incurred by Contractor on behalf of The Government of the District of Columbia in the
event of a data breach including legal and forensic expenses, notification costs, credit monitoring costs,
and costs to operate a call center. Contractor shall maintain coverage in force during the term of this
Agreement and for an extended reporting period of not less than two (2) years after.

5. Professional Liability Insurance (Errors & Omissions) - The Contractor shall provide Professional Liability
Insurance (Errors and Omissions) to cover liability resulting from any error or omission in the performance
of professional services under this Contract. The policy shall provide limits of $1,000,000 per claim or per
occurrence for each wrongful act and $2,000,000 annual aggregate. The Contractor warrants that any
applicable retroactive date precedes the date the Contractor first performed any professional services for
the Government of the District of Columbia and that continuous coverage will be maintained or an
extended reporting period will be exercised for a period of at least ten years after the completion of the
professional services. Limits may not be shared with other lines of coverage.

6. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence satisfactory to the CO of
commercial umbrella or excess liability insurance with minimum limits of $10,000,000 per occurrence and
$10,000,000 in the annual aggregate, following the form and in excess of all liability policies. All liability
coverages must be scheduled under the umbrella and/or excess policy. The insurance required under this
paragraph shall be written in a form that annually reinstates all required limits. Coverage shall be primary
to any insurance, self-insurance or reinsurance maintained by The Government of the District of Columbia
and the “other insurance” provision must be amended in accordance with this requirement and principles
of vertical exhaustion.

C. SUBCONTRACTOR INSURANCE REQUIREMENTS
Any and all subcontractors engaged by Contractor for work under this agreement shall be required to
have the same insured required of Contractor. Should the Contractor wish to propose different insurance
requirements than outlined below, then, prior to commencement of work by the subcontractor, the
Contractor shall submit in writing the name and brief description of work to be performed by the
subcontractor on the Subcontractors Insurance Requirement Template provided to the Office of Risk
Management (ORM). ORM will determine the insurance requirements applicable to the subcontractor
and promptly deliver such requirements in writing to the Contractor. In either instance, the Contractor
must provide proof of the subcontractor's required insurance prior to commencement of work by the
subcontractor.

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

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

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

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

H. MEASURE OF PAYMENT. The Government of the District of Columbia shall not make any separate
measure or payment for the cost of insurance and bonds. The Contractor shall include all 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 emailed to:

The Government of the District of Columbia
And mailed to the attention of:
Carol Hessler, Contracting Officer
250 M Street S.E., 7th Floor, Washington D.C. 20003
Carol.hessler@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
37

insurance initially obtained by the Contractor expires prior to completion of the contract, renewal
certificates of insurance and additional insured and other endorsements shall be furnished to the CO prior
to the date of expiration of all such initial insurance. For all coverage required to be maintained after
completion, an additional certificate of insurance evidencing such coverage shall be submitted to the CO
on an annual basis as the coverage is renewed (or replaced).

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

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

M. WARRANTIES. When applicable, the Contractor should be named as an additional insured on the
applicable manufacturer’s/distributer’s Commercial General Liability policy using Insurance Services
Office, Inc. (“ISO”) form CG 20 15 04 13 (or another occurrence-based form with coverage at least as
broad). CO should collect, review for accuracy, and maintain all warranties for goods and services.

I.10 Order Of Precedence
I.10.1 If there are conflicting provisions between or among Contract Documents, then the governing order of
precedence shall be as follows:
1 The Contract, as modified, including the Federal Standard Contract Provisions (if applicable) and the OCP
Standard Contract Provisions; if there is a conflict between the Federal Standard Contract Provisions and
the OCP Standard Provisions, then the Federal Standard Contract Provisions shall prevail;
2 Contract attachments other than the Federal and OCP Standard Contract Provisions, unless in conflict
with applicable law or regulation;
3 In the following order: Contract statement of work, Contract attachments associated with the particular
Contract, and PMC’s Contract quote or proposal;
4 PMC’s response to this solicitation and any resultant proposals to the extent that they meet or exceed
the requirements of the Contract (it being acknowledged by the Parties that provisions in PMC’s response
to this solicitation and resultant proposals that do not meet or exceed the requirements of this Contract
are rejected by the District and deemed unenforceable unless expressly accepted by the District in
writing); if the response or proposal i nclude statements that can reasonably be interpreted as offe rs to
provide higher quality or greater quantity than otherwise required by the Contract Documents, or to
perform services in addition to those otherwise required or otherwise contain terms which are more
advantageous to the District than the requirements of the other Contract Documents, then the PMC’s
obligations hereunder shall include compliance with all such statements, offers, and terms.
I.10.2 Notwithstanding the foregoing, in the event of conflicting requirements involving any requirement within
the Contract Documents, the District shall have the right to determine, in its sole option and discretion,
which requirement(s) apply. The PMC shall request the District’s determination respecting the order of
precedence among conflicting provisions promptly upon becoming aware of any such conflict. The District
reserves the right to determine that the requirement that requires the better qualit y, greater quantity, or
greater benefit to the District shall apply.
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I.10.3 “Contract Documents” shall mean:
I.10.3.1 A Contract executed by the District and the PMC, including all exhibits and attachments thereto;
I.10.3.2 A modification of the Contract which means (i) a written amendment to the Contract signed by both
parties, (2) a Change Order, or (3) a Force Account Change Order, or (4) a Directive Letter; and
I.10.3.3 PMC’s response to the solicitation for this Contract, including the price proposal attached hereto as
Attachments J.7, subject to Section I.10(4).
I.10.4 PMC’s offeror proposal (the “Proposal”) is attached hereto for reference to the scope of work to be
provided, and personnel labor rates, only. Precatory terms in the Proposal such as “will” or “propose” shall
be construed to mean “shall.” If there is a confli ct between other terms of this Contract and the Proposal,
then the Contract shall prevail, however, if there is a conflict between the scopes of work, then PMC shall
provide the greater quantity and the greater quality.
I.11 Disputes
Delete Article 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 Article 14, Disputes, in
its place:
14. Disputes
All disputes arising under or relating to the contract shall be resolved as provided herein.
(a) Claims by the Contractor against the District: Claim, as used in paragraph (a) of this clause, means a
written assertion by the Contractor seeking, as a matter of right, the payment of money in a sum
certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to
the contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that
can be resolved under a contract clause that provides for the relief sought by the claimant.
(1) All claims by a Contractor against the District arising under or relating to a contract shall be in
writing and shall be submitted to the CO for a decision. The Contractor’s claim shall contain at
least the following:
(i) A description of the claim and the amount in dispute;
(ii) Data or other information in support of the claim;
(iii) A brief description of the Contractor’s efforts to resolve the dispute prior to filing the
claim; and
(iv) The Contractor’s request for relief or other action by the CO.
(2) The CO may meet with the Contractor in a further attempt to resolve the claim by agreement.
(3) The CO shall issue a decision on any claim within 120 calendar days after receipt of the claim.
Whenever possible, the CO shall take into account factors such as the size and complexity of the
claim and the adequacy of the information in support of the claim provided by the Contractor.
(4) The CO’s written decision shall do the following:
(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
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(iv) State the reasons for the decision, including any specific findings of fact, although
specific findings of fact are not required and, if made, shall not be binding in any
subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine the amount of
monetary settlement, the contract adjustment to be made, or other relief to be
granted;
(vi) Indicate that the written document is the CO’s final decision; and
(vii) Inform the Contractor of the right to seek further redress by appealing the decision to
the Contract Appeals Board.
(5) Failure by the CO to issue a decision on a contract claim within 120 days of receipt of the claim will
be deemed to be a denial of the claim, and will authorize the commencement of an appeal to the
Contract Appeals Board as provided by
D.C. Official Code § 2-360.04.
(6) If a contractor is unable to support any part of its claim and it is determined that the inability is
attributable to a material misrepresentation of fact or fraud on the part of the Contractor, the
Contractor shall be liable to the District for an amount equal to the unsupported part of the claim
in addition to all costs to the District attributable to the cost of reviewing that part of the
Contractor’s claim. Liability under this paragraph (a)(6) shall be determined within six (6) years of
the commission of the misrepresentation of fact or fraud.
(7) Pending final decision of an appeal, action, or final settlement, the Contractor shall proceed
diligently with performance of the contract in accordance with the decision of the CO.
(b) Claims by the District against the Contractor: Claim as used in paragraph (b) of this clause, means a
written demand or written assertion by the District seeking, as a matter of right, the payment of
money in a sum certain, the adjustment of contract terms, or other relief arising under or relating to
the contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that
can be resolved under a contract clause that provides for the relief sought by the claimant.
(1) The CO shall decide all claims by the District against a contractor arising under or relating to a
contract.
(2) The CO shall send written notice of the claim to the contractor. The CO’s written decision shall do
the following:
(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings of fact, although
specific findings of fact are not required and, if made, shall not be binding in any
subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine the amount of
monetary settlement, the contract adjustment to be made, or other relief to be
granted;
(vi) Indicate that the written document is the CO’s final decision; and
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(vii) Inform the Contractor of the right to seek further redress by appealing the decision to
the Contract Appeals Board.
(3) The CO shall support the decision by reasons and shall inform the Contractor of its rights as
provided herein.
(4) Before or after issuing the decision, the CO may meet with the Contractor to attempt to resolve
the claim by agreement.
(5) The authority contained in this paragraph (b) shall not apply to a claim or dispute for penalties or
forfeitures prescribed by statute or regulation which another District agency is specifically
authorized to administer, settle or determine.
(6) This paragraph shall not authorize the CO to settle, compromise, pay, or otherwise adjust any
claim involving fraud.
(c) Decisions of the CO shall be final and not subject to review unless the Contractor timely commences an
administrative appeal for review of the decision, by filing a complaint with the Contract Appeals Board,
as authorized by D.C. Official Code § 2-360.04.
(d) Pending final decision of an appeal, action, or final settlement, the Contractor shall proceed diligently
with performance of the contract in accordance with the decision of the CO.
I.12 Changes
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 requ ired for performance, an equitable
adjustment shall be made. Any claim for adjustment for a change within the general scope must be
asserted within ten (10) days from the date the change is ordered; provided, however, that the CO,
if he or she determines that the facts justify such action, may receive, consider and adjust any such
claim asserted at any time prior to the date of final settlement of the contract. If the parties fail to
agree upon the adjustment to be made, the dispute shall be determined as p rovided 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 addit ional work increases the contract price
beyond the not-to-exceed price or negotiated maximum price of this contract, unless the CO:
(1) Agrees with Contractor, and if applicable, the subcontractor on a price for the additional
work;
(2) Obtains a certification of funding to pay for the additional work;
(3) Makes a written, binding commitment with the Contractor to pay for the additional work
within 30-days after the Contractor submits a proper invoice; and
(4) Provides the Contractor with written notice of the funding certification.
(c) The Contractor shall include in its subcontracts a clause that requires the Contractor to:
41

(1) Within 5 business days of its receipt of notice the approved additional funding, provide
the subcontractor with notice of the amount to be paid to the subcontractor for the
additional work to be performed by the subcontractor;
(2) Pay the subcontractor any undisputed amount to which the subcontractor is entitled for
the additional work within 10 days of receipt of payment from the District; and
(3) Notify the subcontractor and CO in writing of the reason the Contractor withholds any
payment from a subcontractor for the additional work.
(d) Neither the District, Contractor, nor any subcontractor may declare another party to be in default, or
assess, claim, or pursue damages for delays, until the parties to agree on a price for the additional work.
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.
(b) Pursuant to Mayor’s Order 85-85, (6/10/85), Mayor’s Order 2002-175 (10/23/02), Mayor’s Order 2011-
155 (9/9/11) and the rules of the Office of Human Rights, Chapter 11 of Title 4 of the D.C. Municipal
Regulations, the following clauses apply to the contract:
(1) The Contractor shall not discriminate against any employee or applicant for employment
because of actual or perceived: race, color, religion, national origin, sex, age, marital
status, personal appearance, sexual orientation, gender identity or expression, family
responsibilities, genetic information, disability, matriculation, political affiliation, or credit
information. Sexual harassment is a form of sex discrimination which is prohibited by the
Act. In addition, harassment based on any of the above protected categories is prohibited
by the Act.
(2) The Contractor agrees to take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their actual or
perceived: race, color, religion, national origin, sex, age, marital status, person al
appearance, sexual orientation, gender identity or expression, family responsibilities,
genetic information, disability, matriculation, political affiliation, or credit information.
The affirmative action shall include, but not be limited to the following:
(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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(3) The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting agency, setting forth
the provisions in paragraphs 19(b)(1) and (b)(2) concerning non -discrimination and
affirmative action.
(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment pursuant to the non -discrimination requirements set forth in paragraph
19(b)(2).
(5) The Contractor agrees to send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice to be
provided by the contracting agency, advising the said labor union or worke rs’
representative of that contractor’s commitments under this nondiscrimination clause and
the Act, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
(6) The Contractor agrees to permit access to its books, records, and accounts pertaining to
its employment practices, by the Chief Procurement Officer or designee, or the Director
of the Office of Human Rights or designee, for purposes of investigation to asc ertain
compliance with the Act, and to require under terms of any subcontractor agreement each
subcontractor to permit access of such subcontractors’ books, records, and accounts for
such purposes.
(7) The Contractor agrees to comply with the provisions of the Act and with all guidelines for
equal employment opportunity applicable in the District adopted by the Director of the
Office of Human Rights, or any authorized official.
(8) The Contractor shall include in every subcontract the equal opportunity clause, i.e.,
paragraphs 19(b)(1) through (b)(9) of this clause, so that such provisions shall be binding
upon each subcontractor.
(9) The Contractor shall take such action with respect to any subcontract as the CO may direct
as a means of enforcing these provisions, including sanctions for noncompliance;
provided, however, that in the event the Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
contracting agency, the Contractor may request the District to enter into such litigation to
protect the interest of the District.
I.14 Cost And Pricing Data
Delete Article 25, Cost and Pricing Data, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts.
I.15 Reserved
I.16 Government Property
Federal Acquisition Regulation, 48 C.F.R. § 52.245 -1 Government Property applies and is hereby fully
incorporated by reference. In this instance, Government means the Government of the District of Columbia.
I.17 Conflicts Of Interest
I.17.1 The PMC will be excluded from competing as a bidder or offeror either as a prime construction contractor,
construction manager or design consultant, or as a member of any team for such purposes, for any DC Plug
civil engineering, construction, and construction management projects during the life of this Contract,
unless released by DDOT at DDOT’s sole option and discretion. If a subconsultant is not otherwise conflicted
43

out, DDOT intends, upon request, to allow participation by such subconsultants on future DC Plug projects
during the life of this Contract.
I.17.2 Offerors must provide information regarding all potential organizational conflicts of interest in their
Statements of Qualifications, including for all requests for qualifications, including all relevant facts
concerning any past, present, or currently planned interests that may present an organizational conflict of
interest. The Contracting Officer will determine whether an organizational conflict of interest exists and
what actions are necessary to avoid, neutralize, or mitigate such conflict.
I.18 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 subcon tract approved by the District, the Contractor shall
remain liable to the District for all Contractor’s work and services required hereunder.

A. ATTACHMENTS

The following list of attachments is incorporated into the solicitation by reference.

Attach Document Incorporated
By
J.1 The Standard Contract Provisions for use with District of Columbia Government
Supplies and Services Contracts (July 2010) available at http://ocp.dc.gov, under
Quick Links click on “Required Solicitation Documents”
Reference
J.2 Way to Work Amendment Act of 2006 - Living Wage Notice Available at
www.ocp.dc.gov click on “Required Solicitation Documents”
Reference
J.3 Way to Work Amendment Act of 2006 - Living Wage Fact Sheet Available at
www.ocp.dc.gov click on “Required Solicitation Documents”
Reference
J.4 D.C. Official Code Sec. 32-1341 et seq. (provisions related to Fair Criminal Record
Screening Act, as amended)
Reference
J.5 Cost Summary (Ref G.3.11.2) https://wiki.ddot.dc.gov/display/AETO/ in the Tool
Box
Reference
J.6 Contractor’s qualifications and proposal and Schedule of Personnel (Applicable to
Base Period)
Reference
J.7 AASHTO Uniform Audit & Accounting Guide for Architectural & Engineering
Consulting Firms
Reference
J.8 Internal Control Questionnaire for Consulting Engineers Reference
J.9 Certification of Final Indirect Costs https://wiki.ddot.dc.gov/display/AETO/ in the
Tool Box
Reference
J.10 Executive Compensation Analysis Matrix Reference
J.11 Form 330 https://www.gsa.gov/forms-library/architect-engineer-qualifications Reference
J.12 Office of Local Business Development Equal Employment Opportunity
Information Report and Mayor’s Order 85-85 available at www.ocp.dc.gov click
on “Solicitation Attachments”
Reference
J.13 American Association of State Highway Transportation Officials (AASHTO) -
Internal Control Questionnaire (ICQ) for Consulting Engineers
Reference

44

https://transportation.org/audit/resources/eap-subcommittee-resources/
J.14 AASHTO National Compensation Matrix
https://transportation.org/audit/resources/eap-subcommittee-resources/
Reference
J.15 AASHTO Uniform Audit & Accounting Guide for Architectural &
Engineering Consulting Firms
https://transportation.org/audit/wp-content/uploads/sites/9/2024/05/UAAG-3-FINAL.pdf
Reference
J.16 DDOT Design and Engineering Manual, 2019, available at:
https://ddotwiki.atlassian.net/wiki/spaces/COM/pages/2069271070/Stand
ards+and+Manuals#StandardsandManuals-DesignandEngineeringManual
Reference

B. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

Attach. Document Incorporated By
K.1 Bidder/Offeror Certification Form available at www.ocp.dc.gov click on
“Required Solicitation Documents” Reference
K.2 Tax Certification Affidavit available at http://ocp.dc.gov. Under Quick Links
click on “Required Solicitation Documents” Reference
K.3 First Source Employment Agreement available at http://ocp.dc.gov. Under
Quick Links click on “Required Solicitation Documents” Reference