Proposed Contract with Rivian, LLC to Contract No. DCKA-2025-C-0079

MURIELBOWSERMAYOR
June 4,2025
HonorablePhilMendelson
Chairman
CounciloftheDistrictofColumbia
JohnA.WilsonBuilding
1350PennsylvaniaAvenue,NW,Suite504
Washington,DC 20004

DearChairmanMendelson:
Pursuantto section451 of the Districtof Columbia Home Rule Act (D.C. OfficialCode § 1-
204.51)and section202of the ProcurementPracticesReform Act of 2010 (D.C. OfficialCode §
2-352.02),enclosedforconsiderationand approvalby the Councilofthe Districtof Columbia is
proposed ContractNo. DCKA-2025-C-0079 with Rivian,LLC, in the not-to-exceedamount of
$8,392,500.The periodof performance isone year from thedateof theaward.

Undertheproposedcontract,Rivian,LLC,willprovideelectricpickuptruckstobeusedfordailyassignmentsbytheDistrictDepartmentofTransportation.
My administrationisavailabletodiscussanyquestionsyoumayhaveregardingtheproposedcontract.Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasehaveyourstaff
contactMareScott,ChiefOperatingOfficer,OfficeofContractingandProcurement,at(202)724-8759.
I look forwardtotheCouncil’sfavorableconsiderationofthis contract.
Sincerely. Mi
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

(A) Contract Number: DCKA-2025-C-0079

Proposed Contractor: Rivian, LLC

Proposed Contractor’s Principals: RJ Scaringe, CEO & Founder

Contract Amount: Not-to-exceed $8,392,500
(Local Capital Funds)

Unit and Method of Compensation: Fixed Unit Price

Term of Contract: One Year from Date of Award

Type of Contract: Indefinite Delivery/Indefinite Quantity

Source Selection Method: Sole Source

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

Not Applicable

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

The District Department of Transportation (“DDOT”) has a need for electric pickup trucks to be
used for daily assignments. The contractor shall provide components, assembly, and accessories
that meet or exceed the District’s requirements and specifications.

(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:

2

The District requires electric vehicles in order to reduce greenhouse emissions and stabilize global
warming in accordance with the Multi-State Medium and Heavy Duty Zero Emission Vehicle
Memorandum of Understanding. Due to the size limitations and space configuration of the DDOT
garage, the vehicles must have an overall length below 220 inches and a wheelbase under 140
inches. Market research revealed that Rivian, LLC, is the only firm capable of providing electric
vehicles that meet the District’s requirements and specifications. The proposed contract will allow
the District to procure the electric vehicles needed.

(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:

CW113111 – Electric Vehicles

(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:

Rivian, LLC, develops and builds electric vehicles and accessories. The company creates innovative
and technologically advanced products with the goal of accelerating the global transition to zero-
emission transportation and energy. It was also the first automaker to release a fully electric pickup
truck in 2021, and has sold tens of thousands of electric vehicles in the commercial market since
2021. Furthermore, Rivian, LLC, is the only firm capable of fulfilling the District’s requirements
under the Contract.

(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 District Department of Small and Local Business Development granted a full waiver to the
35% subcontracting requirement under D.C. Official Code § 2-218.46 and removed the
subcontracting requirement. Accordingly, no subcontracting plan is required.

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

At the oversight of the DDOT contract administrator, the proposed contractor will provide the
required electric vehicles in accordance with the terms of the contract.
3

(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 Agency Fiscal Officer certified that the contract funding is consistent with the applicable
financial plan and budget.

(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 the 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 contractor is current with its District taxes per the Clean Hands certification.

(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 contractor is current with its federal taxes per the bidder/offeror certification form.

(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 is not in violation of section 334a of the Board of Ethics and Government
Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011,
codified as D.C. Official Code § 1-1163.34a, per the bidder/offeror certification form and the
certification statement.

4

(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.:

Rivian, LLC, is not a certified business enterprise.

(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 is not debarred or an excluded party on the District or federal listings.

(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):

Determination and Findings for Sole Source Procurement
Determination and Findings for Contractor Responsibility
Determination and Findings for Price Reasonableness

(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
*
*
* GovernmentoftheDistrictofColumbia

HE OfficeoftheChiefFinancialOfficer 11014 Street,SWHE OfficeofTaxandRevenue Washington,DC20024
DateofNotice:May6,2025 NoticeNumber:0014109775 =
RIVIAN,LLC FEIN:**-*9#230713250NHAGGERTYRD CaseID:18591425PLYMOUTHMI48170-4206
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 COLUMBIAOFFICE OF THE CHIEF FINANCIAL OFFICER Government Services Cluster FINANCIAL PLAN AND BUDGET CERTIFICATION Contract No.: DCKA-2025-C-0079 Contract Name: Rivian Electric Vehicles Contractor: Rivian, LLC Contract Ceiling Amount: $8,392,500.00 Current Available Amount: $2,243,750.00 Contract Period of Service: One Year from Date of Award Organization Code: KA0 PASS Requisition Number: RK301301 DC/DIFS Project Number: 6EQ01C (DIFS 100480) ============================================================================== I, Calvin Skinner, Agency Fiscal Officer, OCFO, hereby certify that the amount of $2,243,750.00 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

400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General

ATTORNEY GENERAL
BRIAN L. SCHWALB

Commercial Division

MEMORANDUM

TO: Tomás Talamante
Director
Office of Policy and Legislative Affairs

FROM: Robert Schildkraut
Section Chief
Government Contracts Section

DATE: May 23, 2025

SUBJECT: Approval of Sole Source Contract for Contract Over One Million Dollars
Contractor: Rivian, LLC.
Contract No. DCKA-2025-C-0079
Contract Not-to-Exceed Amount: $8,392,500

This is to Certify that this Office has reviewed the above- referenced Contract and that we have
found it to be legally sufficient.

If you have any questions in this regard, please do not hesitate to call me at (202) 724-4018.

______________________________
Robert Schildkraut

SOLICITATION, OFFER, AND AWARD1. Caption Rivian Electric VehiclesPage of Pages 1 of 35 (plus attachments) 2. Contract Number DCKA-2025-C-00793. Solicitation Number 4. Type of Solicitation 5. Date Issued 6. Type of Market Sealed Bid (IFB) Open Sealed Proposals (RFP) Set Aside X Sole Source x Other Than Full and Open Competition Human Care Agreements 7. Issued By: District Department of Transportation Office of Contracting and Procurement 250 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. 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:11. Name Franci Orellana, Contract Specialist - Contractor 12. Telephone 13. E-mail Address (Area Code) (Number) (Ext) Franci.Orellana@dc.gov 11. Table of Contents (X) Section Description Page No. (X) Section Description Page No. PART I - THE SCHEDULE PART II - CONTRACT CLAUSES X A Solicitation/Contract Form 1 X I Contract Clauses 19 X B Contract Type, Supplies or Services and Price/Cost2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS X C Specifications/Work Statement 4 X J List of Attachments 35 X D Packaging and Marking 5 PART IV - REPRESENTATIONS AND INSTRUCTIONS X E Inspection and Acceptance 6 K Representations, Certifications, and Other Statements of Offerors X F Period of Performance and Deliverables 7 X G Contract Administration 9 L Instructions, Conditions, and Notices to Offerors X H Special Contract Requirements 15 M Evaluation Factors OFFER 12. In compliance with the above, the undersigned agrees, if this offer is accepted within 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 Amendment NumberDate 15A. Name and Address of Offeror Rivian, LLC 14600 Myford Road Irvine, CA 92606 16. Name and Title of Person Authorized to Sign Offer/Contract 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 21. Accounting and Appropriation 22. Name of Contracting Officer (Type or Print) LaTonya Holland 23. Signature of Contracting Officer (District of Columbia) 24. Award Date Government of the District of Columbia Office of Contracting & Procurement

Page 2 of 35
SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST B.1 The contract, entitled DCKA-2025-C-0079 (the “Contract”), is entered into between the District of Columbia Office of Contracting and Procurement (“OCP”), on behalf of the District Department of Transportation (“DDOT” or “Department”) and Rivian, LLC (“Contractor”) as the Contractor to provide electric pickup trucks to be used for daily assignments. B.2 This is an indefinite-delivery-indefinite-quantity (“IDIQ”) contract with fixed unit pricing in accordance with 27 DCMR § 2416. B.3 PRICE SCHEDULE – IDIQ B.3.1 Base Period Contract Line Item No. (CLIN) Item Description Price Per Unit Quantity Minimum Minimum Total Price (Unit price x minimum quantity) Quantity Maximum Maximum Total Price (Unit price x Maximum quantity) 0001 2026 Rivian R1T Adventure Dual Large Truck $83,925.00 1 $83,925.00 100 $8,392,500.00 Base Period Total Not-to-Exceed 100 $8,392,500.00 B.4 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01 et seq. (If applicable) B.4.1 If applicable, Nonprofit organizations, as defined in the Act, shall include in their rates the indirect costs incurred in provision of goods or performance of services under this contract pursuant to the nonprofit organization's unexpired Negotiated Indirect Cost Rate Agreement (NICRA). If a nonprofit organization does not have an unexpired NICRA, the nonprofit organization may elect to instead include in its rates its indirect costs: (1) As calculated using a de minimis rate of 10% of all direct costs under this contract; (2) By negotiating a new percentage indirect cost rate with the awarding agency; (3) As calculated with the same percentage indirect cost rate as the nonprofit organization negotiated with any District agency within the past 2 years; however, a nonprofit organization may request to renegotiate indirect costs rates in accordance with B.4.2; or (4) As calculated with a percentage rate and base amount, determined by a certified public accountant, as defined in the Act, using the nonprofit
Page 3 of 35
organization's audited financial statements from the immediately preceding fiscal year, pursuant to the OMB Uniform Guidance, and certified in writing by the certified public accountant. B.4.2 If applicable, if this contract is funded by a federal agency, indirect costs shall be consistent with the requirements for pass-through entities in 2 C.F.R. § 200.331, or any successor regulations. B.4.3 The Contractor shall pay its subcontractors which are nonprofit organizations the same indirect cost rates as the nonprofit organization subcontractors would have received as a prime contractor.B.5 INDEFINITE DELIVERY- INDEFINITE QUANTITY (IDIQ) CONTRACT This is an IDIQ contract for the supplies or services specified, and effective for the period stated. a) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering Clause in Section G.10. The Contractor shall furnish to the District, when and if ordered, the supplies or services specified in the Schedule up to and including the designated maximum quantity for each CLIN. The District will order at least the designated minimum quantity for each CLIN. 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.
Page 4 of 35
SECTION C: SPECIFICATIONS/WORK STATEMENT C.1 SCOPE: The District of Columbia Office of Contracting and Procurement, on behalf of the District Department of Transportation (DDOT) requires the contractor to provide electric pickups trucks to be used for daily assignments. C.2 BACKGROUND The Executive Office of the Mayor signed onto the Multi-State Medium and Heavy-duty Zero Emission Vehicle Memorandum of Understanding (MOU) to ensure national progress in the effort to reduce greenhouse gas (GHG) emissions and stabilize global warming. Transportation is now the nation’s largest source of GHG emissions, and after light-duty vehicles, medium and heavy-duty trucks are the next largest source of transportation section GHG emissions. Fossil fuel related emissions from medium and heavy-duty vehicles (MHDVs) are a major source of nitrogen oxides (NOx), particulate matter, and toxic air emissions, which are preventing many densely populated areas from achieving compliance with federal ambient air quality standards. In order to comply with the Mayor’s MOU’s goal, DDOT must start to purchase electric vehicles to change the fleet to green by 2025. C.3 REQUIREMENTS The Contractor shall: C . 3 . 1 Supply R1T Adventure Dual Large trucks that meet the specifications stated in Attachment J.1 at the unit prices specified in Section B.3. C . 3 . 2 The vehicle shall have a wheelbase that is no longer than 136 inches. C . 3 . 3 Include the manufacturer's commercial warranty specified in Attachment J.8 for all vehicles.
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SECTION D: PACKAGING AND MARKING Not applicable
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SECTION E: INSPECTION AND ACCEPTANCE E.1 The inspection and acceptance requirements for this contract shall be governed by clause number five (5) 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.2) E.2 ACCEPTANCE PROCEDURES E.2.1 The Contractor shall provide a representative on-site during DDOT’s acceptance procedures. E.2.2 Notwithstanding section E.1 above, upon delivery of the vehicles, the District will conduct tests to ensure all vehicles are performing satisfactorily according to the manufacturer’s specifications including vehicle condition, operation, charging, etc.
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SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES F.1 TERM OF CONTRACT F1.1 The term of the contract shall be for a period of 12 months from the date of award specified on the cover page of this contract. F.2 DELIVERABLES F.2.1 The Contractor shall deliver the following items in accordance with the Contract: CLIN Reference Deliverable Description Due Date 0001 2026 Rivian R1T Adventure Dual Large Truck 5 Months from the date the order is issued in accordance with the Ordering Clause in Section G.10 F.2.2 The Contractor shall deliver the vehicles to the following address: District Department of Transportation Fleet Management Office 1735 15th Street NE Washington, DC 20002 F.4 TRANSPORTATION - F.O.B. ORIGIN F.4.1 The term "f.o.b. origin," as used in this clause, means free of expense to the District delivered to any location identified in § F.3 of this Contract. F.4.2 The Contractor shall: F.4.2.1 Prepare the shipment in conformance with carrier requirements to protect the goods and to ensure assessment of the lowest applicable transportation charge; F.4.2.2 Order appropriate carrier equipment not in excess of capacity to accommodate shipment; F.4.2.3 Deliver the shipment in good order and condition to the carrier, and load, stow, trim, block, and/or brace carload or truckload shipment (when loaded by the Contractor) on or in the carrier’s conveyance as required by carrier rules and regulations; F.4.2.4 Be responsible for any loss of and/or damage to the goods: F.4.2.4.1 Occurring before delivery to the carrier; F.4.2.4.2 Resulting from improper packing and marking; or
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F.4.2.4.3 Resulting from improper loading, stowing, trimming, blocking, and/or bracing of the shipment, if loaded by the Contractor on or in the carrier’s conveyance; F.4.2.5 Prepare a commercial bill of lading or other transportation receipt. The bill of lading shall show: F.4.2.5.1 A description of the shipment in terms of the governing freight classification or tariff (or Government rate tender) under which lowest freight rates are applicable; F.4.2.5.2 The seals affixed to the conveyance with their serial numbers or other identification; F.4.2.5.3 Lengths and capacities of cars or trucks ordered and furnished; and F.4.2.5.4 Other pertinent information required to effect prompt delivery to the consignee, including name, delivery address, postal address and ZIP code of consignee, routing, etc. F.4.2.5.5 The signature of the carrier’s agent and the date the shipment is received by the carrier; and F.4.2.6 Distribute the copies of the bill of lading, or other transportation receipts, as directed by the Contract Administrator.
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SECTION G: CONTRACT ADMINISTRATION G.1 INVOICE PAYMENT G.1.1 The District will make payments to the Contractor, upon the submission of proper invoices, at the prices stipulated in this contract, for supplies delivered and accepted or services performed and accepted, less any discounts, allowances or adjustments provided for in this contract. G.1.2 The District will pay the Contractor on or before the 30th day after receiving a proper invoice from the Contractor. G.2 INVOICE SUBMITTAL G.2.1 The Contractor shall create and submit payment requests in an electronic format through the DC Vendor Portal, https://vendorportal.dc.gov. G.2.2 The Contractor shall submit proper invoices on a monthly basis or as otherwise specified in Section G.4. G.2.3 To constitute a proper invoice, the Contractor shall enter all required information into the Portal after selecting the applicable purchase order number which is listed on the Contractor’s profile G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT (As Applicable) G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and First Source Employment Agreement requirements, final request for payment must be accompanied by the report or a waiver of compliance discussed in section H.5.5. G.3.2 The District shall not make final payment to the Contractor until the agency CFO has received the CO’s final determination or approval of waiver of the Contractor’s compliance with 51% District Residents New Hires Requirements and First Source Employment Agreement requirements. G.4 PAYMENT G.4.1 PARTIAL PAYMENTS Unless otherwise specified in this contract, payment will be made on partial deliveries of goods and services accepted by the District if: a) The amount due on the deliveries warrants it; or b) The Contractor requests it and the amount due on the deliveries is in accordance with the following:
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"Payment will be made on completion and acceptance of each item for which the price is stated in the Schedule in Section B". c) Presentation of a properly executed invoice. G.5 ASSIGNMENT OF CONTRACT PAYMENTS G.5.1 In accordance with 27 DCMR 3250, the Contractor may assign to a bank, trust company, or other financing institution funds due or to become due as a result of the performance of this contract. G.5.2 Any assignment shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party. G.5.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is to prepare invoices. Where such an assignment has been made, the original copy of the invoice must refer to the assignment and must show that payment of the invoice is to be made directly to the assignee as follows: “Pursuant to the instrument of assignment dated ___________, make payment of this invoice to (name and address of assignee).” G.6 THE QUICK PAYMENT ACTG.6.1 Interest Penalties to Contractors G.6.1.1 The District will pay interest penalties on amounts due to the Contractor under the Quick Payment Act, D.C. Official Code § 2-221.01 et seq., as amended, for the period beginning on the day after the required payment date and ending on the date on which payment of the amount is made. Interest shall be calculated at the rate of at least 1% per month. No interest penalty shall be paid if payment for the completed delivery of the item of property or service is made on or before the required payment date. The required payment date shall be: G.6.1.1.1 The date on which payment is due under the terms of this contract; G.6.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of delivery of meat or meat food products; G.6.1.1.3 Not later than 10 calendar days, excluding legal holidays, after the date of delivery of a perishable agricultural commodity; or G.6.1.1.4 30 calendar days, excluding legal holidays, after receipt of a proper invoice for the amount of the payment due. G.6.1.2 No interest penalty shall be due to the Contractor if payment for the completed delivery of goods or services is made on or before:
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G.6.1.2.1 3rd day after the required payment date for meat or a meat product; G.6.1.2.2 5th day after the required payment date for an agricultural commodity; or G.6.1.2.3 15th day after any other required payment date. G.6.1.3 Any amount of an interest penalty which remains unpaid at the end of any 30-day period shall be added to the principal amount of the debt and thereafter interest penalties shall accrue on the added amount. G.6.2 Payments to Subcontractors (As Applicable)G.6.2.1 The Contractor shall take one of the following actions within seven (7) days of receipt of any amount paid to the Contractor by the District for work performed by any subcontractor under the contract: G.6.2.1.1 Pay the subcontractor(s) for the proportionate share of the total payment received from the District that is attributable to the subcontractor(s) for work performed under the contract; or G.6.2.1.2 Notify the CO and the subcontractor(s), in writing, of the Contractor’s intention to withhold all or part of the subcontractor’s payment and state the reason for the nonpayment. G.6.2.2 The Contractor shall pay subcontractors or suppliers interest penalties on amounts due to the subcontractor or supplier beginning on the day after the payment is due and ending on the date on which the payment is made. Interest shall be calculated at the rate of at least 1% per month. No interest penalty shall be paid on the following if payment for the completed delivery of the item of property or service is made on or before the: G.6.2.2.1 3rd day after the required payment date for meat or a meat product; G.6.2.2.2 5th day after the required payment date for an agricultural commodity; or G.6.2.2.3 15th day after any other required payment date. G.6.2.3 Any amount of an interest penalty which remains unpaid by the Contractor at the end of any 30-day period shall be added to the principal amount of the debt to the subcontractor and thereafter interest penalties shall accrue on the added amount. G.6.2.4 A dispute between the Contractor and subcontractor relating to the amounts or entitlement of a subcontractor to a payment or a late payment interest penalty under the Quick Payment Act does not constitute a dispute to which the District is a party. The District may not be interpleaded in any judicial or administrative proceeding involving such a dispute.
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G.6.3 Subcontract requirements – As Applicable Rivian does not anticipate hiring any subcontractors. However, in the event Rivian hires subcontractors, Rivian must comply with the requirements in this section. G.6.3.1 The Contractor shall include in each subcontract under this contract a provision requiring the subcontractor to include in its contract with any lower-tier subcontractor or supplier the payment and interest clauses required under paragraphs (1) and (2) of D.C. Official Code § 2-221.02(d). G.6.3.2 The Contractor shall include in each subcontract under this contract a provision that obligates the Contractor, at the election of the subcontractor, to participate in negotiation or mediation as an alternative to administrative or judicial resolution of a dispute between them. G.7 CONTRACTING OFFICER (CO) Contracts will be entered into and signed on behalf of the District only by contracting officers. The contact information for the Contracting Officer is: LaTonya Holland Office of Contracting and Procurement at DDOT 250 M Street S.E., 7th Floor Washington D.C. 20003 (202) 480-6693 LaTonya.Holland@dc.gov G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER G.8.1 The CO is the only person authorized to approve changes in any of the requirements of this contract. G.8.2 The Contractor shall not comply with any order, directive or request that changes or modifies the requirements of this contract, unless issued in writing and signed by the CO. G.8.3 In the event the Contractor effects any change at the instruction or request of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any cost increase incurred as a result thereof. G.9 CONTRACTING ADMINISTRATOR (CA) G.9.1 The CA is responsible for general administration of the contract and advising the CO as to the Contractor’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:
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G.9.1.1 Keeping the CO fully informed of any technical or contractual difficulties encountered during the performance period and advising the CO of any potential problem areas under the contract; G.9.1.2 Coordinating site entry for Contractor personnel, if applicable; G.9.1.3 Reviewing invoices for completed work and recommending approval by the CO if the Contractor’s prices and costs are consistent with the contractual amounts and progress is satisfactory and commensurate with the rate of expenditure; G.9.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and services. This includes the timely processing of invoices and vouchers in accordance with the District’s payment provisions; and G.9.1.5 Maintaining a file that includes all contract correspondence, modifications, records of inspections (site, data, equipment) and invoice or vouchers. G.9.2 The address and telephone number of the CA is: Clement Smith Performance Management Division District Department of Transportation 1735 15th Street NE Washington DC 20002 G.9.3 The CA shall NOT have the authority to: 1) Award, agree to, or sign any contract, delivery order or task order. Only the CO shall make contractual agreements, commitments or modifications; 2) Grant deviations from or waive any of the terms and conditions of the contract; 3) Increase the dollar limit of the contract or authorize work beyond the dollar limit of the contract, 4) Authorize the expenditure of funds by the Contractor; 5) Change the period of performance; or 6) Authorize the use of District property, except as specified under the contract. G.9.4 The Contractor will be fully responsible for any changes not authorized in advance, in writing, by the CO; may be denied compensation or other relief for any additional work performed that is not so authorized; and may also be, at no additional cost to the District, to take all corrective action necessitated by reason of the unauthorized changes.
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G.10 ORDERING CLAUSE: G.10.1 Any supplies and services to be furnished under this contract must be ordered by issuance of purchase orders or task orders by the CO. Such orders may be issued during the term of this contract. G.10.2 All purchase orders or task orders are subject to the terms and conditions of this contract. In the event of a conflict between a delivery order or task order and this contract, the contract shall control. G.11 CHANGES IN THE ESTABLISHED PRICE G.11.1 The Price Per Unit stated in Section B.3 includes the vehicle’s specification (i.e., Key Equipment) outlined in Attachment J.1. At the end of the first 90 days of performance, if the Established Price increases by less than 10%, the Price Per Unit will remain as stated in B.3. If the Established Price is 10% or higher, the CO and the Contractor will negotiate an equitable adjustment in the contract price in accordance with 27 DCMR section 3604 and section G.8. Any decrease in the Established Price shall be passed on to the District. The term "Established Price" means the difference between the baseline (Item A below) and the MSRP as detailed in section G.11.2 below. A) The baseline is $85,925.00 and includes the following features: I. Adventure Trim; II.Exterior Color – Glacier White; III. Large Battery Pack; IV. Power Tonneau Cover; V. PPF Front Paint Protection; and VI. Destination Fees and Last Mile Delivery Fee G.11.2 Is an established catalog or market price for a commercial product sold in substantial quantities to the general public, such as a Manufacturer’s Suggested Retail Price (MSRP) or equivalent, and includes the features outlined in Item A) above.
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SECTION H: SPECIAL CONTRACT REQUIREMENTS – As Applicable H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES (As Applicable)H.1.1 For all new employment resulting from this contract or subcontracts hereto, as defined in Mayor’s Order 83-265 and implementing instructions, the Contractor shall use its best efforts to comply with the following basic goal and objectives for utilization of bona fide residents of the District of Columbia in each project’s labor force: H.1.1.1 At least fifty-one (51) percent of apprentices and trainees employed shall be residents of the District of Columbia registered in programs approved by the District of Columbia Apprenticeship Council. H.1.2 The Contractor shall negotiate an Employment Agreement with the Department of Employment Services (“DOES”) for jobs created as a result of this contract. The DOES shall be the Contractor’s first source of referral for qualified apprentices and trainees in the implementation of employment goals contained in this clause. H.2 RESERVED H.3 PREGNANT WORKERS FAIRNESS (If Applicable) H.3.1 The Contractor shall comply with the Protecting Pregnant Workers Fairness Act of 2016, D.C. Official Code § 32-1231.01 et seq. (PPWF Act). H.3.2 The Contractor shall not: (a) Refuse to make reasonable accommodations to the known limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding for an employee, unless the Contractor can demonstrate that the accommodation would impose an undue hardship; (b) Take an adverse action against an employee who requests or uses a reasonable accommodation in regard to the employee's conditions or privileges of employment, including failing to reinstate the employee when the need for reasonable accommodations ceases to the employee's original job or to an equivalent position with equivalent: (1) Pay; (2) Accumulated seniority and retirement; (3) Benefits; and (4) Other applicable service credits; (c) Deny employment opportunities to an employee, or a job applicant, if the denial is
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based on the need of the employer to make reasonable accommodations to the known limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding; (d) Require an employee affected by pregnancy, childbirth, related medical conditions, or breastfeeding to accept an accommodation that the employee chooses not to accept if the employee does not have a known limitation related to pregnancy, childbirth, related medical conditions, or breastfeeding or the accommodation is not necessary for the employee to perform her duties; (e) Require an employee to take leave if a reasonable accommodation can be provided; or (f) Take adverse action against an employee who has been absent from work as a result of a pregnancy-related condition, including a pre-birth complication. H.3.3 The Contractor shall post and maintain in a conspicuous place a notice of rights in both English and Spanish and provide written notice of an employee's right to a needed reasonable accommodation related to pregnancy, childbirth, related medical conditions, or breastfeeding pursuant to the PPWF Act to: (a) New employees at the commencement of employment; (b) Existing employees; and (c) An employee who notifies the employer of her pregnancy, or other condition covered by the PPWF Act, within 10 days of the notification. H.3.4 The Contractor shall provide an accurate written translation of the notice of rights to any non-English or non-Spanish speaking employee. H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act. H.4 UNEMPLOYED ANTI-DISCRIMINATION H.4.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C. Official Code § 32-1361 et seq. H.4.2 The Contractor shall not: (a) Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an employee because of the individual's status as unemployed; or (b) Publish, in print, on the Internet, or in any other medium, an advertisement or announcement for any vacancy in a job for employment that includes: (1) Any provision stating or indicating that an individual's status as unemployed disqualifies the individual for the job; or (2) Any provision stating or indicating that an employment agency will not consider or hire an individual for employment based on that individual's status as unemployed.
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H.4.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties as described in the Act. H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE EMPLOYMENT AGREEMENT Delete Article 35, 51% District Residents New Hires Requirements and First Source Employment Agreement, of the Standard Contract Provisions dated July 2010 for use with District of Columbia Government Supplies and Services Contracts and substitute the following Section H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE EMPLOYMENT AGREEMENT in its place: H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE EMPLOYMENT AGREEMENT H.5.1 For contracts for services in the amount of $300,000 or more, the Contractor shall comply with the First Source Employment Agreement Act of 1984, as amended, D.C. Official Code § 2-219.01 et seq. (First Source Act). H.5.2 The Contractor shall enter into and maintain during the term of the contract, a First Source Employment Agreement (Employment Agreement) with the District of Columbia Department of Employment Service’s (DOES), in which the Contractor shall agree that: (a) The first source for finding employees to fill all jobs created in order to perform the contract shall be the First Source Register; and (b) The first source for finding employees to fill any vacancy occurring in all jobs covered by the Employment Agreement shall be the First Source Register. H.5.3 The Contractor shall not begin performance of the contract until its Employment Agreement has been accepted by DOES. Once approved, the Employment Agreement shall not be amended except with the approval of DOES. H.5.4 The Contractor agrees that at least 51% of the new employees hired to perform the contract shall be District residents. H.5.5 The Contractor’s hiring and reporting requirements under the First Source Act and any rules promulgated thereunder shall continue for the term of the contract. H.5.6 The CO may impose penalties, including monetary fines of 5% of the total amount of the direct and indirect labor costs of the contract, for a willful breach of the Employment Agreement, failure to submit the required hiring compliance reports, or deliberate submission of falsified data. H.5.7 If the Contractor does not receive a good faith waiver, the CO may also impose an additional penalty equal to 1/8 of 1% of the total amount of the direct and indirect labor
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costs of the contract for each percentage by which the Contractor fails to meet its hiring requirements. H.5.8 Any contractor which violates, more than once within a 10-year timeframe, the hiring or reporting requirements of the First Source Act shall be referred for debarment for not more than five (5) years. H.5.9 The contractor may appeal any decision of the CO pursuant to this clause to the D.C. Contract Appeals Board as provided in clause 14 of the SCP, Disputes. H.5.10 The provisions of the First Source Act do not apply to nonprofit organizations which employ 50 employees or less. H.6 RESERVED H.7 RESERVED H.8 RESERVED H.9 SUBCONTRACTING REQUIREMENTS (If applicable) H.9.1 Subcontracting Requirements H.9.1.1 The Director of the Department of Small and Local Business Development (DSLBD) has approved a waiver of the mandatory subcontracting requirements for this contract. H.9.1.2 A prime contractor that is a CBE and has been granted a bid preference pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside program, shall perform at least 35% of the contracting effort with its own organization and resources and, if it subcontracts, 35% of the subcontracting effort shall be with CBEs. A CBE prime contractor that performs less than 35% of the contracting effort shall be subject to enforcement actions under D.C. Official Code § 2-218.63. H.9.1.3 A prime contractor that is a certified joint venture and has been granted a bid preference pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside program, shall perform at least 50% of the contracting effort with its own organization and resources and, if it subcontracts, 35% of the subcontracting effort shall be with CBEs. A certified joint venture prime contractor that performs less than 50% of the contracting effort shall be subject to enforcement actions under D.C. Official Code § 2-218.63. H.9.1.4 Each CBE utilized to meet these subcontracting requirements shall perform at least 35% of its contracting effort with its own organization and resources. H.9.1.5 A prime contractor that is a CBE and has been granted a bid preference pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside program, shall perform at least 50% of the on-site work with its own organization and resources if the contract is $1 million or less.
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SECTION I: CONTRACT CLAUSES I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS The Standard Contract Provisions for use with District of Columbia Government Supplies and Services Contracts dated July 2010 (SCP) are incorporated as part of the contract. To obtain a copy of the SCP go to https://ocp.dc.gov, under Center of Excellence click on “Required Solicitation Documents”. I.2 RESERVED I.3 CONFIDENTIALITY OF INFORMATION The Contractor shall keep all information relating to any employee or customer of the District in absolute confidence and shall not use the information in connection with any other matters; nor shall it disclose any such information to any other person, firm or corporation, in accordance with the District and federal laws governing the confidentiality of records. I.4 TIME Time, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless otherwise stated herein. I.5 RIGHTS IN DATA (As Applicable) Delete clause 42, Rights in Data, of the Standard Contract Provisions dated July 2010 for use with District of Columbia Government Supplies and Services Contracts and substitute the following clause 42, Rights in Data) in its place: A. Definitions 1. “Products” - A deliverable under any contract that may include commodities, services and/or technology furnished by or through Contractor, including existing and custom Products, such as, but not limited to: a) recorded information, regardless of form or the media on which it may be recorded; b) document research; c) experimental, developmental, or engineering work; d) licensed software; e) components of the hardware environment; f) printed materials (including but not limited to training manuals, system and user documentation, reports, drawings); g) third party software; h) modifications, customizations, custom programs, program listings, programming tools, data, modules, components; and i) any intellectual property embodied therein, whether in tangible or intangible form, including but not limited to utilities, interfaces, templates, subroutines, algorithms, formulas, source code, and object code. 2. “Existing Products” - Tangible Products and intangible licensed Products that exist prior to the commencement of work under the contract. Existing Products must be
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identified on the Product prior to commencement of work or else will be presumed to be Custom Products. 3. “Custom Products” - Products, preliminary, final or otherwise, which are created or developed by Contractor, its subcontractors, partners, employees, resellers or agents for the District under the contract. 4. “District” – The District of Columbia and its agencies. B. Title to Project Deliverables The Contractor acknowledges that it is commissioned by the District to perform services detailed in the contract. The District shall have ownership and rights for the duration set forth in the contract to use, copy, modify, distribute, or adapt Products as follows: 1. Existing Products: Title to all Existing Licensed Product(s), whether or not embedded in, delivered or operating in conjunction with hardware or Custom Products, shall remain with Contractor or third party proprietary owner, who retains all rights, title and interest (including patent, trademark or copyrights). Effective upon payment, the District shall be granted an irrevocable, non-exclusive, worldwide, paid-up license to use, execute, reproduce, display, perform, adapt (unless Contractor advises the District as part of Contractor’s bid that adaptation will violate existing agreements or statutes and Contractor demonstrates such to the District’s satisfaction), and distribute Existing Product to District users up to the license capacity stated in the contract with all license rights necessary to fully effect the general business purpose of the project or work plan or contract. Licenses shall be granted in the name of the District. The District agrees to reproduce the copyright notice and any other legend of ownership on any copies authorized under this paragraph. 2. Custom Products: Effective upon Product creation, Contractor shall convey, assign, and transfer to the District the sole and exclusive rights, title and interest in Custom Products, whether preliminary, final or otherwise, including all patent, trademark, and copyrights. Contractor hereby agrees to take all necessary and appropriate steps to ensure that the Custom Products are protected against unauthorized copying, reproduction and marketing by or through Contractor. C. Transfers or Assignments of Existing or Custom Products by the District The District may transfer or assign Existing or Custom Products and the licenses thereunder to another District agency. Nothing herein shall preclude the Contractor from otherwise using the related or underlying general knowledge, skills, ideas, concepts, techniques and experience developed under a project or work plan in the course of Contractor’s business.
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D. Subcontractor Rights Whenever any data, including computer software, are to be obtained from a subcontractor under the contract, the Contractor shall use this clause, Rights in Data, in the subcontract, without alteration, and no other clause shall be used to enlarge or diminish the District’s or the Contractor’s rights in that subcontractor data or computer software which is required for the District. E. Source Code Escrow 1. For all computer software furnished to the District with the rights specified in section B.2, the Contractor shall furnish to the District, a copy of the source code with such rights of the scope as specified in section B.2 of this clause. For all computer software furnished to the District with the restricted rights specified in section B.1 of this clause, the District, if the Contractor either directly or through a successor or affiliate shall cease to provide the maintenance or warranty services provided the District under the contract or any paid-up maintenance agreement, or if the Contractor should be declared insolvent by a court of competent jurisdiction, shall have the right to obtain, for its own and sole use only, a single copy of the current version of the source code supplied under the contract, and a single copy of the documentation associated therewith, upon payment to the person in control of the source code the reasonable cost of making each copy. 2. If the Contractor or Product manufacturer/developer of software furnished to the District with the rights specified in section B.1 of this clause offers the source code or source code escrow to any other commercial customers, the Contractor shall either: (1) provide the District with the source code for the Product; (2) place the source code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the District, and who shall be directed to release the deposited source code in accordance with a standard escrow arrangement acceptable to the District; or (3) will certify to the District that the Product manufacturer/ developer has named the District as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the District, and who shall be directed to release the deposited source code in accordance with the terms of escrow. 3. The Contractor shall update the source code, as well as any corrections or enhancements to the source code, for each new release of the Product in the same manner as provided above and certify such updating of escrow to the District in writing. F. Indemnification and Limitation of Liability The Contractor shall indemnify and save and hold harmless the District, its officers, agents and employees acting within the scope of their official duties against any liability, including costs and expenses, (i) for violation of proprietary rights, copyrights, or rights of privacy, arising out of the publication, translation, reproduction, delivery, performance, use or disposition of any data furnished under
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this contract, or (ii) based upon any data furnished under this contract, or based upon libelous or other unlawful matter contained in such data. I.6 OTHER CONTRACTORS The Contractor shall not commit or permit any act that will interfere with the performance of work by another District contractor or by any District employee. I.7 SUBCONTRACTS (If Applicable) The Contractor hereunder shall not subcontract any of the Contractor’s work or services to any subcontractor without the prior written consent of the CO. Any work or service so subcontracted shall be performed pursuant to a subcontract agreement, which the District will have the right to review and approve prior to its execution by the Contractor. Any such subcontract shall specify that the Contractor and the subcontractor shall be subject to every provision of this contract. Notwithstanding any such subcontract approved by the District, the Contractor shall remain liable to the District for all Contractor's work and services hereunder. I.8 INSURANCE (As Applicable) 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. 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, covering claims for bodily injury, including without limitation sickness, disease or death and mental anguish of any persons, broad form property damage, including loss of use resulting therefrom, personal and advertising injury, and including coverage for liability arising out of an Insured Contract (including the tort liability of another assumed in a contract) and acts of terrorism (whether caused by a foreign or domestic source). Such coverage shall have limits of liability of not less than $1,000,000 for each occurrence, $2,000,000 general
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aggregate, $2,000,000 products and completed operations aggregate, and $1,000,000 personal and advertising injury aggregate limit. The Commercial General Liability shall be further endorsed to: a) To the fullest extent permitted by law, provide additional insured coverage using ISO form CG 2010 0413 and CG2037 04 13 (or its equivalent) to The Government of the District of Columbia b) Coverage available to the additional insureds shall apply on a primary and non-contributing basis as respects any other insurance, deductibles, or self-insurance available to the additional insureds c) A waiver of subrogation in favor of The Government of the District of Columbia d) Any Annual Aggregate shall apply on a per location or per project basis e) Defense costs shall be in addition to and not erode the limits of liability 2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory to the CO of commercial (business) automobile liability insurance written on ISO form CA 00 01 10 13 (or another form with coverage at least as broad and approved by the CO in writing) including coverage for all owned, hired, borrowed and non-owned vehicles and equipment used by the Contractor in connection with work under this agreement, with a minimum combined single limit of $1,000,000. Such policy or policies of automobile liability insurance shall be written on an "occurrence" (as opposed to a "claims made") basis. The Commercial Auto Liability policy shall be further endorsed to: a) To the fullest extent permitted by law, provide additional insured coverage to The Government of the District of Columbia b) Coverage available to the additional insureds shall apply on a primary and non-contributing basis as respects any other insurance, deductibles, or self-insurance available to the additional insureds c) A waiver of subrogation in favor of The Government of the District of Columbia d) Defense costs shall be in addition to and not erode the limits of liability e) If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened Coverage for Covered Autos - Business Auto, Motor Carrier, and Truckers (or its equivalent) f) Moving and Storage Companies shall be required to provide evidence of BMC91 or BMC91X filing For Contractors providing transportation: Contractors providing transportation must additionally comply with the following: a) Operators holding a restricted WMATC Certificate of Authority must have a single limit of $1.5 million in combined (bodily injury and physical damage) coverage, or b) Operators holding an unrestricted WMATC Certificate of Authority must have a single limit of $5M in combined (bodily injury and physical damage) coverage. In addition, both types of WMATC certificate holders must have in place the following Licensing Requirements as applicable: a)Commercial Driver’s License (CDL) with the following endorsements:
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i) P (Passenger): All drivers MUST have a P endorsement enabling them to transport passengers (16 or more). ii) S (School Bus): All drivers operating school buses (flashing lights, swing arm w/stop sign) must also have an S endorsement. Please note that driver credentials for any vehicles that are converted school buses must have S. b) Valid (unexpired) US Department of Transportation Medical Examiner Certification (“Medical Card”). For Contractors using District Government-Owned Vehicles: Agencies that provide Contractors with District Government-owned or leased motor vehicles are responsible for ensuring that such vehicles are used only for the performance under this Contract. Contractor and its subcontractors are prohibited from using such vehicles for home-to-work transportation unless specifically provided for under the terms of the contract and approved in writing by the Contracting Officer, or otherwise provided by law. Contractor shall obtain automobile liability insurance with a minimum combined single limit of $1,000,000 to cover bodily injury and property damage to protect the Contractor and the District Government against third-party claims arising from the use of District Government-owned vehicles. The Commercial Auto Liability Policy shall be endorsed to include: a) To the fullest extent permitted by law, provide additional insured coverage to The Government of the District of Columbia; b) Coverage available to the additional insureds shall apply on a primary and non-contributing basis as respects any other insurance, deductibles, or self-insurance available to the additional insureds; and c) A waiver of subrogation in favor of The Government of the District of Columbia. In the event of loss, destruction, or damage to any government-owned vehicles used in the performance of contact, Contractor shall be liable for full cost of repair or replacement of lost, destroyed, or damaged vehicle. 3. Workers’ Compensation Insurance - The Contractor shall provide evidence satisfactory to the CO of Workers’ Compensation insurance in accordance with the statutory mandates of the District of Columbia or the jurisdiction in which the contract is performed. Employer’s Liability Insurance - The Contractor shall provide evidence satisfactory to the CO of employer’s liability insurance as follows: $500,000 per accident for injury; $500,000 per employee for disease; and $500,000 for policy disease limit. The Workers Compensation and Employers Liability shall be further endorsed to: a) Include a Waiver of Subrogation in favor of The Government of the District of Columbia. b) Where applicable, include United States Longshore and Harbor Workers Compensation Act (USL&H) c) Where applicable, include Jones Act Coverage for seamen or crew members on an “if any” basis. 4. Media Liability and Network Security/Privacy (Cyber) Liability Insurance covering acts, errors, omissions, and violation of any consumer protection laws arising out of
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Contractor’s operations or services with a limit of $1,000,000 per claim and in the aggregate. Such coverage shall include but not be limited to, third party and first party coverage for loss or disclosure of any data, including personally identifiable information and payment card information, network security failure, violation of any consumer protection laws, unauthorized access and/or use or other intrusions, infringement of any intellectual property rights (except patent), negligence or breach of duty to use reasonable care, breach of any duty of confidentiality, invasion of privacy, or violations of any other legal protections for personal information, defamation, libel, slander, commercial disparagement, negligent transmission of computer virus, or use of computer networks in connection with denial of service attacks. Such coverage shall include regulatory defense and fines/penalties in any jurisdiction anywhere in the world. Such coverage shall include contractual privacy coverage for data breach response and crisis management costs that would be incurred by Contractor on behalf of The Government of the District of Columbia in the event of a data breach including legal and forensic expenses, notification costs, credit monitoring costs, and costs to operate a call center. Contractor shall maintain coverage in force during the term of this Agreement and for an extended reporting period of not less than two (2) years after. 5. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence satisfactory to the CO of commercial umbrella with minimum limits of $5,000,000 per occurrence and $5,000,000 in the annual aggregate. Coverage must excess of required commercial general liability, commercial auto liability, and employers’ liability. 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. 6. Crime Insurance (3rd Party Indemnity) - The Contractor shall provide a Crime policy including 3rd party fidelity to cover the dishonest acts of Contractors, its employees and/or volunteers which result in a loss to the District. The Government of the District of Columbia shall be included as loss payee. The policy shall provide a limit of $100,000 per occurrence. C. SUBCONTRACTOR INSURANCE REQUIREMENTS The Contractor shall require all of its subcontractors to carry at a minimum the insurance coverage and limits proportionate to the Sub-Trade Contractor contract value, scope and risk. The Contractor shall ensure all tiers of his Sub-Trade Contractors maintain insurance in like form and amounts, including the Additional Insured requirements. Each Sub-Trade Contractor shall provide Certificates of Insurance and applicable endorsements to the Contractor prior to the start of the Sub-Trade Contractor’s work on this project. The required insurance shall be subject to the approval of the Contractor, but any acceptance of insurance certificates by Contractor shall in no way limit or relieve the Contractor of the duties and responsibilities stipulated in the Trade (Sub) Contract Agreement.
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D. PRIMARY AND NONCONTRIBUTORY INSURANCE The insurance required herein shall be primary to and will not seek contribution from any other insurance, reinsurance or self-insurance including any deductible or retention, maintained by the Government of the District of Columbia. E. DURATION. The Contractor shall carry all required insurance until all contract work is accepted by The Government of the District of Columbia and shall carry listed coverages for ten years for construction projects following final acceptance of the work performed under this contract and two years for non-construction related contracts. F. LIABILITY. These are the required minimum insurance requirements established by The Government of the District of Columbia. However, it is understood that The Government of the District of Columbia does not in any way represent that the insurance or the limits of insurance specified herein are sufficient or adequate to protect your interests or liabilities and will not in any way limit the contractor’s liability under this contract. G. CONTRACTOR’S PROPERTY. Contractor and subcontractors are solely responsible for any loss or damage to their personal property, including but not limited to tools and equipment, scaffolding, and temporary structures, rented machinery, or owned and leased equipment. A waiver of subrogation shall apply in favor of The Government of the District of Columbia. H. MEASURE OF PAYMENT. The Government of the District of Columbia shall not make any separate measure or payment for the cost of insurance and bonds. The Contractor shall include all the costs of insurance and bonds in the contract price. I. NOTIFICATION. The Contractor shall ensure that all policies provide that the CO shall be given thirty (30) days prior written notice in the event of cancellation, non-renewal, or material changes to the extent such cancellation or material changes results in Contractor no long complying with the above requirements. The Contractor shall provide the CO with ten (10) days’ prior written notice in the event of non-payment of premium. The Contractor will also provide the CO with an updated Certificate of Insurance should its insurance coverages renew during the contract. The Government of the District of Columbia may reasonably change the above insurance coverage requirements during the Term by giving Contractor at least 30 days’ notice of the change. Contractor must comply, at your expense, and deliver to the CO evidence of compliance before the change becomes effective. J. CERTIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days after execution of this Agreement, certificates of insurance evidencing the required insurance coverage and endorsements required herein. Contractor must also provide us with evidence of renewal before the expiration date of each insurance policy. Contractor is responsible for providing us with 30 days advanced written notice if the certificate of insurance by the insurer has been canceled, reduced in coverage, or otherwise altered. Certificates of insurance must reference the corresponding contract number. Evidence of insurance shall be submitted to:
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The Government of the District of Columbia And emailed to the attention of: LaTonya Holland 250 M Street S.E., 7th Floor Washington D.C. 20003 (202) 480-6693 LaTonya.Holland@dc.gov The CO may request, and the Contractor shall promptly deliver updated certificates of insurance, endorsements indicating the required coverages, and/or certified copies of the insurance policies. If the insurance initially obtained by the Contractor expires prior to completion of the contract, renewal certificates of insurance and additional insured and other endorsements shall be furnished to the CO prior to the date of expiration of all such initial insurance. For all coverage required to be maintained after completion, an additional certificate of insurance evidencing such coverage shall be submitted to the CO on an annual basis as the coverage is renewed (or replaced). K. DISCLOSURE OF INFORMATION. The Contractor agrees that The Government of the District of Columbia may disclose the name and contact information of its insurers to any third party which presents a claim against The Government of the District of Columbia for any damages or claims resulting from or arising out of work performed by the Contractor, its agents, employees, servants or subcontractors in the performance of this contract. L. CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in connection with this contract shall be written by insurance companies with an A.M. Best Insurance Guide rating of at least A- VII or better (or the equivalent by any other rating agency) and licensed in the District of Columbia. M. WARRANTIES. When applicable, the Contractor should be named as an additional insured on the applicable manufacturer’s/distributer’s Commercial General Liability policy using Insurance Services Office, Inc. (“ISO”) form CG 20 15 04 13 (or another occurrence-based form with coverage at least as broad). CO should collect, review for accuracy, and maintain all warranties for goods and services. I.9 EQUAL EMPLOYMENT OPPORTUNITY In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order 85-85 dated June 10, 1985, the forms for completion of the Equal Employment Opportunity Information Report are incorporated herein as Section J.3. An award cannot be made to any bidder who has not satisfied the equal employment requirements. I.10 ORDER OF PRECEDENCE A conflict in language shall be resolved by giving precedence to the document in the highest order of priority that contains language addressing the issue in question. The following documents are incorporated into the contract by reference and made a part of the contract in the following order of precedence:
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(1) An applicable Court Order, if any (2) Contract document (3) Standard Contract Provisions (4) Contract attachments other than the Standard Contract Provisions (5) Quote I.11 DISPUTES Delete clause 14, Disputes, of the Standard Contract Provisions dated July 2010 for use with District of Columbia Government Supplies and Services Contracts and substitute the following clause 14, Disputes, in its place: 14. Disputes All disputes arising under or relating to the contract shall be resolved as provided herein. (a) Claims by the Contractor against the District: Claim, as used in paragraph (a) of this clause, means a written assertion by the Contractor seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant (1) All claims by a Contractor against the District arising under or relating to a contract shall be in writing and shall be submitted to the CO for a decision. The Contractor’s claim shall contain at least the following: (i) A description of the claim and the amount in dispute; (ii) Data or other information in support of the claim; (iii) A brief description of the Contractor’s efforts to resolve the dispute prior to filing the claim; and (iv) The Contractor’s request for relief or other action by the CO. (2) The CO may meet with the Contractor in a further attempt to resolve the claim by agreement. (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;
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(iii) State the factual areas of agreement and disagreement; (iv) State the reasons for the decision, including any specific findings of fact, although specific findings of fact are not required and, if made, shall not be binding in any subsequent proceeding; (v) If all or any part of the claim is determined to be valid, determine the amount of monetary settlement, the contract adjustment to be made, or other relief to be granted; (vi) Indicate that the written document is the CO’s final decision; and (vii) Inform the Contractor of the right to seek further redress by appealing the decision to the Contract Appeals Board. (5) Failure by the CO to issue a decision on a contract claim within 120 days of receipt of the claim will be deemed to be a denial of the claim and will authorize the commencement of an appeal to the Contract Appeals Board as provided by D.C. Official Code § 2-360.04. (6) If a contractor is unable to support any part of its claim and it is determined that the inability is attributable to a material misrepresentation of fact or fraud on the part of the Contractor, the Contractor shall be liable to the District for an amount equal to the unsupported part of the claim in addition to all costs to the District attributable to the cost of reviewing that part of the Contractor’s claim. Liability under this paragraph (a)(6) shall be determined within six (6) years of the commission of the misrepresentation of fact or fraud. (7) Pending final decision of an appeal, action, or final settlement, the Contractor shall proceed diligently with performance of the contract in accordance with the decision of the CO. (b) Claims by the District against the Contractor: Claim as used in paragraph (b) of this clause, means a written demand or written assertion by the District seeking, as a matter of right, the payment of money in a sum certain, the adjustment of contract terms, or other relief arising under or relating to the contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. (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;
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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. (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 required for performance, an equitable adjustment shall be made. Any claim for adjustment for a change within the general scope must be asserted within ten (10) days from the date the change is ordered; provided, however, that the CO, if he or she determines that the facts justify such action, may receive, consider and
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adjust any such claim asserted at any time prior to the date of final settlement of the contract. If the parties fail to agree upon the adjustment to be made, the dispute shall be determined as provided in clause 14 Disputes. (b) The District shall not require the Contractor, and the Contractor shall not require a subcontractor, to undertake any work that is beyond the original scope of the contract or subcontract, including work under a District-issued change order, when the additional work increases the contract price beyond the not-to-exceed price or negotiated maximum price of this contract, unless the CO: (1) Agrees with Contractor, and if applicable, the subcontractor on a price for the additional work; (2) Obtains a certification of funding to pay for the additional work; (3) Makes a written, binding commitment with the Contractor to pay for the additional work within 30-days after the Contractor submits a proper invoice; and (4) Provides the Contractor with written notice of the funding certification. (c) The Contractor shall include in its subcontracts a clause that requires the Contractor to: (1) Within 5 business days of its receipt of notice the approved additional funding, provide the subcontractor with notice of the amount to be paid to the subcontractor for the additional work to be performed by the subcontractor; (2) Pay the subcontractor any undisputed amount to which the subcontractor is entitled for the additional work within 10 days of receipt of payment from the District; and (3) Notify the subcontractor and CO in writing of the reason the Contractor withholds any payment from a subcontractor for the additional work. (d) Neither the District, Contractor, nor any subcontractor may declare another party to be in default, or assess, claim, or pursue damages for delays, until the parties to agree on a price for the additional work. 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
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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, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, political affiliation, or credit information. The affirmative action shall include, but not be limited to the following: (a) employment, upgrading or transfer; (b) recruitment, or recruitment advertising; (c) demotion, layoff or termination; (d) rates of pay, or other forms of compensation; and (e) selection for training and apprenticeship. (3) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting agency, setting forth the provisions in paragraphs 19(b)(1) and (b)(2) concerning non-discrimination and affirmative action. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment pursuant to the non-discrimination requirements set forth in paragraph 19(b)(2). (5) The Contractor agrees to send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the contracting agency, advising the said labor union or workers’ representative of that contractor’s commitments under this nondiscrimination clause and the Act, and shall post copies of the
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notice in conspicuous places available to employees and applicants for employment. (6) The Contractor agrees to permit access to its books, records, and accounts pertaining to its employment practices, by the Chief Procurement Officer or designee, or the Director of the Office of Human Rights or designee, for purposes of investigation to ascertain compliance with the Act, and to require under terms of any subcontractor agreement each subcontractor to permit access of such subcontractors’ books, records, and accounts for such purposes. (7) The Contractor agrees to comply with the provisions of the Act and with all guidelines for equal employment opportunity applicable in the District adopted by the Director of the Office of Human Rights, or any authorized official. (8) The Contractor shall include in every subcontract the equal opportunity clauses, i.e., paragraphs 19(b)(1) through (b)(9) of this clause, so that such provisions shall be binding upon each subcontractor. (9) The Contractor shall take such action with respect to any subcontract as the CO may direct as a means of enforcing these provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the District to enter into such litigation to protect the interest of the District. I.14 COST AND PRICING DATA Delete clause 25, Cost and Pricing Data, of the Standard Contract Provisions dated July 2010 for use with District of Columbia Government Supplies and Services Contracts. I.15 CONTRACTOR DATA PROTECTION ADDENDUM The District agrees to Contractor’s Commercial Data Protection Addendum attached and incorporated herein in section J.11 at rivn.co/cdpa. I.16 STATE AND MUNICIPAL AGENCY RIDER CLAUSE A. If authorized by the Contractor, the contract may be extended to any public corporation or public agency of any state, county, city, town, or municipality within the United States or its territories (“Participating Agency”) to purchase at contract prices in accordance with contract terms and will agree to the extension by completing the Council of Governments Rider Clause in section J.12. B. Any Participating Agency utilizing this contract will place its own order(s) with the
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Contractor. There shall be no obligation on the part of any Participating Agency to utilize the contract. C. It is the Contractor’s responsibility to notify any Participating Agency of the availability of the contract. D. Each Participating Agency has the option of executing a separate contract with the Contractor. Contracts entered into with a state or municipal agency may contain general terms and conditions unique to that jurisdiction including, by way of illustration and not limitation, clauses covering minority participation, non-discrimination, indemnification, naming the jurisdiction as an additional insured under any required Comprehensive General Liability policies, and venue. If, when preparing such a contract, the general terms and conditions of a Participating Agency are unacceptable to the Contractor, the Contractor may withdraw its extension of the award to that Participating Agency. E. The District shall not be held liable for any costs or damages incurred by a Participating Agency as a result of any award extended to that Participating Agency by the Contractor.
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SECTION J: ATTACHMENTS The following list of attachments is incorporated into the Contract by reference: Attachment Number Document Incorporated by: J.1 Rivian’s Vehicle Specifications Full-Text J.2 Government of the District of Columbia Standard Contract Provisions for Use with the Supplies and Services Contracts (July 2010) available at https://ocp.dc.gov, under Center of Excellence click on “Required Solicitation Documents” Full-Text J.3 Equal Employment Opportunity Employer Information Report and Mayor’s Order 85-85 available at https://ocp.dc.gov, under Center of Excellence click on “Required Solicitation Documents” Reference J.4 Department of Employment Services First Source Employment Agreement available at https://ocp.dc.gov, under Center of Excellence click on “Required Solicitation Documents” Reference J.5 Way to Work Amendment Act of 2006 - Living Wage Notice available at https://ocp.dc.gov, under Center of Excellence click on “Required Solicitation Documents” Reference J.6 Way to Work Amendment Act of 2006 - Living Wage Fact Sheet available at https://ocp.dc.gov, under Center of Excellence click on “Required Solicitation Documents” Reference J.7 Tax Certification Affidavit available at https://ocp.dc.gov, under Center of Excellence click on “Required Solicitation Documents” Reference J.8 Rivian Commercial New Vehicle Limited Warranty Full-Text J.9 First Source Initial Employment Plan (if contract is $300,000 or more) available at https://ocp.dc.gov, under Center of Excellence click on “Required Solicitation Documents” Reference J.10 RESERVED J.11 Rivian’s Data Protection Addendum Full Text J.12 Metropolitan Washington Council of Governments Rider Clause Full Text
RivianElectricVehicles
Solicitation@NA/Contract#DCKA-2025-C-0079
MetropolitanWashingtonCouncilofGovernmentsRiderClause
USEOFCONTRACT(S)BYMEMBERSCOMPRISINGTHEMETROPOLITANWASHINGTONCOUNCILOF
GOVERNMENTSPURCHASINGOFFICERS’COMMITTEE.
‘A.Ifauthorizedbythebidder(s),resultantcontract(s)willbeextendedtoanyorallofthelistedmembersasdesignatedby
thebiddertopurchaseatcontractpricesinaccordancewithcontractterms.
B. Anymemberutilizingsuchcontract(s)willplaceitsownorder(s)directlywiththesuccessfulcontractor.Thereshallbe
noobligationonthepartofanyparticipatingmembertoutilizethecontract(s).
CC.Annegativereplywillnotadverselyaffectconsiderationofyourbid/proposal
D. _Itistheawardedvendor'sresponsibilitytonotifythemembersshownbelowoftheavailabilityoftheContracts).
E, Eachparticipatingjurisdictionhastheoptionofexecutingaseparatecontractwiththeawardee.Contractsenteredinto
‘withaparticipatingjurisdictionmaycontaingeneraltermsandconditionsuniquetothatjurisdictionincluding,byway
ofillustrationandnotlimitation,clausescoveringminorityparticipation,non-discrimination,indemnification,naming
thejurisdictionasanadditionalinsuredunderanyrequiredComprehensiveGeneralLiabilitypolicies,andvenue.If,
whenpreparingsuchacontract,thegeneraltermsandconditionsofajurisdictionareunacceptabletotheawardee,the
awardeemaywithdrawitsextensionoftheawardtothatjurisdiction.
‘Theissuingjurisdictionshallnotbeheldliableforanycostsordamagesincurredbyanotherjurisdictionasaresultof
anyawardextendedtothatjurisdictionbytheawardee.
BIDDERSAUTHORIZATIONTO EXTENDCONTRACT:
YESNO JURISDICTION YESNO JURISDICTION
Yes__Alexandria,VirginiaYes__AlexandriaPublicSchoolsYes_ AlexandriaSanitationAuthorityYes_ ArlingtonCounty,VirginiaYes__ArlingtonCountyPublicSchoolsYes__Bowie,MarylandYes __CharlesCountyPublicSchoolsYes CollegePark,MarylandYes __ CulpeperCounty,VirginiaYas DistrictofColumbiaYes__ DistrictofColumbiaCourtsYes DistrictofColumbiaPublicSchools
Yes__ DistrictofColumbiaWater& SewerAuthYes Fairfax,VirginiaYes__ FairfaxCounty,VirginiaYes_ FairfaxCountyWaterAuthorityYes FallsChurch,VirginiaYes FauquierCountySchools& Government,VirginiaYes_ Frederick,MarylandYes__ FrederickCounty,MarylandYes Gaithersburg,Maryland
Yes___ Greenbelt,Maryland
Yes Herndon, Virginia
Yes LoudounCountyYes__ Loudoun County PublicSchools.
‘Yes LoudounCountySanitationAuthority‘YesManassas,Virginia

Yes__CityofManassasPublicSchoolsYes__ManassasPark,VirginiaYes__Maryland-NationalCapitalPark& PlanningComm.Yes__MetropolitanWashingtonAirportsAuthority‘Yes___MetropolitanWashingtonCouncilofGovernmentsYas MontgomeryCollegeYes__MontgomeryCounty,MarylandYes __MontgomeryCountyPublicSchoolsYes PrinceGeorge'sCounty,MarylandYes__PrinceGeorge'sPublicSchoolsYes__ PrinceWilliamCounty,VirginiaYes__PrinceWilliamCountyPublicSchoolsYes__PrinceWilliamCountyServiceAuthorityYes__Rockville,MarylandYes_ SpotsylvaniaCountySchoolsYes_ StaffordCounty,VirginiaYes TakomaPark,MarylandYes__UpperOccoquanSewageAuthorityYes__ Vienna,VirginiaYes__ WashingtonMetropolitanAreaTransitAuthority,Yes ___WashingtonSuburbanSanitaryCommissionYes Winchester,VirginiaYes__ WinchesterPublicSchools

Rivian,LLC
VendorName/Revised1229710