Read the full stored bill text
MURIEL BOWSER
MAYOR
June 11, 2025
Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1-
204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code§
2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is
proposed Modification No. 06 to Contract No. GAGA-2023-C-0042B with Battle's
Transportation, Inc. to exercise option year three in the amount of $1,159,720.41. The period of
performance is from October 1, 2025, through September 30, 2026.
Under the proposed modification, Battle's Transportation, Inc. will provide student athletics
transportation services.
My administration is available to discuss any questions you may have regarding the proposed
contract modification. In order to facilitate a response to any questions you may have, please have
your staff contact La Veta Hilton, Deputy Chief Procurement Officer, District of Columbia Public
Schools, at (202) 442-5136.
I look forward to the Council's favorable consideration of this contract modification.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
District of Columbia Public Schools
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
(Option Year Contract)
(A) Contract Number: GAGA-2023-C-0042B
Proposed Contractor: Battle’s Transportation, Inc.
Contract Amount (Option Year Three): $1,159,720.41
Term of Contract: October 1, 2025, through September 30,
2026
Type of Contract: Fixed Unit Price IDIQ Contract
Source Selection Method: Invitation for Bid (IFB)
(B) For a contract containing option periods, the contract amount for the base period
and for each option period. If the contract amount for one or more of the option
periods differs from the amount for the base period, provide an explanation of the
reason for the difference:
Base Year Period Amount: $121,464.62
Option Year One Amount: $775,595.00
Explanation of the difference from the base period (if applicable): The base period
amount was one month and three days. Option period one is for one full year.
Option Year Two Amount: $1,159,118.81
Explanation of difference from the base period (if applicable): The contract amount
varies depending on the number of sets of athletic events.
Option Year Three Amount: $1,159,720.41
GAGA-2023-C-0042 B
Council Summary
2
Explanation of difference from the base period (if applicable): The contract amount
varies depending on the number of sets of athletic events.
Option Year Four Amount: $730.37 minimum to $3,651,850 maximum
Explanation of difference from the base period (if applicable): The amount of Option
Year Four is to be determined.
(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:
Battle’s Transportation, Inc. will provide bus transportation services for DCPS high
school students and staff participating in organized athletics programs through the
District of Columbia Interscholastic Athletic Association.
(D) The selection process, including the number of offerors, the evaluation criteria, and
the evaluation results, including price, technical or quality, and past performance
components:
The solicitation (an invitation for bids) was advertised in the Washington Post on
December 9, 2022, and posted on the DCPS website with one amendment. The
solicitation closed on December 22, 2022, and DCPS received two bids. After a review of
the solutions offered and the bidder’s past performance, the Contracting Officer deemed
Battle’s Transportation’s offer acceptable.
(E) A description of any bid protest related to the award of the contract, including
whether the protest was resolved through litigation, withdrawal of the protest by the
protestor, or voluntary corrective action by the District. Include the identity of the
protestor, the grounds alleged in the protest, and any deficiencies identified by the
District as a result of the protest:
There have been no protests to the award of this contract.
(F) The background and qualifications of the proposed contractor, including its
organization, financial stability, personnel, and performance on past or current
government or private sector contracts with requirements similar to those of the
proposed contract:
Battle’s Transportation, Inc. has previously provided student transportation services to
DCPS. Based on past performance with the agency, Battle’s Transportation, Inc. has the
necessary organization, experience, accounting and operational controls, technical skills,
ability to obtain, and a satisfactory record of integrity and business ethics.
(G) A summary of the subcontracting plan required under section 2346 of the Small,
Local, and Disadvantaged Business Enterprise Development and Assistance Act of
2005, as amended, D.C. Official Code § 2-218.01 et seq. (“Act”), including a
certification that the subcontracting plan meets the minimum requirements of the
GAGA-2023-C-0042 B
Council Summary
3
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:
Battle’s Transportation, Inc. is a certified business enterprise in the District and will
perform 100% of the work under the contract. Therefore, a subcontracting plan is not
required.
(H) Performance standards and the expected outcome of the proposed contract:
Battle’s Transportation, Inc.’s performance will be regularly and routinely monitored by
DCPS. The expected outcome of the proposed contract is for Battle’s Transportation Inc.
to provide DCPS with student bus transportation services.
(I) The amount and date of any expenditure of funds by the district pursuant to the
contract prior to its submission to the Council for approval:
None
(J) A certification that the proposed contract is within the appropriated budget
authority for the agency for the fiscal year and is consistent with the financial plan
and budget adopted in accordance with D.C. Official Code §§ 47-392.01 and 47-
392.02:
The DCPS Agency Fiscal Officer has certified that the proposed contract is within the
appropriated budget authority for the agency for the fiscal year and is consistent with the
financial plan and budget adopted in accordance with D.C. Official Code §§ 47-392.01
and 47-392.02. A certification of funding is attached dated May 19, 2025.
(K) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
The proposed contract has been determined to be legally sufficient by the Office of the
Attorney General. A legal sufficiency certification is attached. Battle’s Transportation,
Inc. has no known pending legal claims against the District.
(L) A certification that the Citywide Clean Hands database indicates that the proposed
contractor is current with its District taxes. If the Citywide Clean Hands Database
indicates that the proposed contractor is not current with its District taxes, either (1)
a certification that the contractor has worked out and is current with a payment
schedule approved by the District or (2) a certification that the contractor will be
current with its District taxes after the District recovers any outstanding debt as
provided under D.C. Official Code § 2-353.01(b):
According to the Citywide Clean Hands Database, Battle’s Transportation, Inc. is current
with its District taxes. The Certificate of Clean Hands dated June 2, 2025 is attached.
GAGA-2023-C-0042 B
Council Summary
4
(M) A certification from the proposed contractor that it is current with its federal taxes
or has worked out and is current with a payment schedule approved by the federal
government:
Based on the information provided in its Bidder Offeror Certification form, Battle’s
Transportation, Inc. has certified that the organization is current with its federal taxes.
(N) The status of the proposed contractor as a certified local, small, or disadvantaged
business enterprise as defined in the Small, Local, and Disadvantaged Business
Enterprise Development and Assistance Act of 2005, as amended, D.C. Official Code
§ 2-218.01 et seq.:
Battle’s Transportation, Inc. is a certified business enterprise in the District of Columbia.
(O) Other aspects of the proposed contract that the Chief Procurement Officer
considers significant:
None
(P) A statement indicating whether the proposed contractor is currently debarred from
providing services or goods to the District or federal government, the dates of the
debarment, and the reasons for debarment:
Battle’s Transportation, Inc. is not on the Federal Excluded Parties List or the Office of
Contracting and Procurement Excluded Parties List, accessed on April 02, 2025;
therefore, Battle’s Transportation, Inc. is not currently debarred from providing services
to the District or federal government.
(Q) Any determination and findings issues relating to the contract’s formation,
including any determination and findings made under D.C. Official Code § 2-352.05
(privatization contracts):
Determination and Findings for Contractor Responsibility
Determination and Findings for Price Reasonableness
(R) Where the contract and any amendments or modifications, if executed, will be made
available online:
https://dcps.dc.gov/page/doing-business-dcps
(S) Where the original solicitation and any amendments or modifications will be made
available online:
https://dcps.dc.gov/page/doing-business-dcps
1101 4th Street, SW
Washington, DC 20024
Date of Notice: June 2, 2025 L0014245620Notice Number:
FEIN: **-***1945
Case ID: 18633285
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
BATTLE'S TRANSPORTATION INC
925 GIRARD ST NE
WASHINGTON DC 20017-3425
Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
COPY
Funding Certification
Division of Contracts and Acquisitions
1200 First Street NE, 9th Floor, Washington, DC 20002
(202) 442‐5112/Fax (202) 442‐5634
1. Prepared by: Kourtney Igbo (Manager, Operational Finance)
2. Office/School: Office of Social Emotional Academic Development Strategy
3. FY26 Funding Certification Date(s): 10/1/2025‐9/ 30/2026
4. Summary of Proposed Procurement: Bus Transportation for HS and OL Athletic Events
5. If contract has been awarded:
• Contractor: Battle’s Transportation
• Co
ntract Number: GAGA‐2023‐0042
B
• RK N
umber: N/A
• PO Number: N/A
• FY26 Contract Dates: 10/1/2025‐9/ 30/2026
Funding Information:
AGENCY
GA0 if DCPS
GD0 if OSSE
FISCAL
YEAR FUND ACCOUNT PROGRAM COST
CENTER PROJECT AWARD AMOUNT
GA0 FY26 1010001 7132001
400001
40085 N/A N/A $1,159,720.4
Total $1,159,720.41
.
I hereby certify that the above referenced contract is within the appropriated budget authority for the agency and is consistent
with the financial plan and budget adopted in accordance with DC Official Code §§ 47 ‐392
.01 and 47‐392.02 f
or the District of
Columbia Public Schools for the applicable period of performance. The funding obligation for Fiscal Year 2026 is subject to
Congressional approval.
Name Date
DCPS AFO/Budget Officer
1200 First Street, NE | Washington, DC 20002 | T 202. 442. 5885 | F 202. 442. 5026 | dcps.dc.gov
5/19/25
GOVERNMENT OF THE DISTRICT OF COLUMBIA
CHANGE ORDER/UNILATERAL MODIFICATION
Page No. 1 of 1 Page(s)
CONTRACT NO:
GAGA-2021-C-0042B
EFFECTIVE DATE:
October 01, 2023
MODIFICATION NO:
1
MODIFICATION DATE:
ISSUING OFFICE:
OFFICE OF CONTRACTS AND ACQUISITIONS
1200 First Street, NE, 9th Floor,
Washington, DC 20002
(202) 442-5112 – Office
(202) 442-6105 – Fax
ISSUED TO: (Contractor)
Battle’s Transportation
3000 V Street NE
Washington, DC 20018
Tel: 202.462.8658.
USING AGENCY OR AGENCIES:
Office of Data Chief Operation Officer (OCOO)
TITLE:
DCIAA Athletic Students Transportation
ACTION: Change Exercise of Option Economic Price Adjustment Other
Pursuant to Section 15 of the District of Columbia Standard Contract Provisions for use with Supply and
Services Contracts, dated March 2007 and 27 DCMR Section 3601.3, the Contract is hereby modified as
follows:
1. In accordance with the provisions of the Contract in F.2 entitled “Option To Extend The Term Of
The Contract,” the District of Columbia Public Schools (DCPS) is exercising option year one in the
amount of $515,595.00.
2. The period of performance of option year one is from October 1, 2023, through September 30, 2024.
ALL OTHER CONTRACT TERMS AND CONDITIONS REMAIN UNCHANGED
Brenda Allen
DATE CONTRACTING OFFICER SIGNATURE
Case File Contractor PSD Using Agency
DC022 3/97
9/26/2023
GOVERNMENTOFTHEDISTRICTOFCOLUMBIABILATERALMODIFICATIONPage No. 1 of 2 Page(s)1. CONTRACT NO/TASK ORDERGAGA-2023-C0042B2. CONTRACT DATE:October 1, 20233. MODIFICATION NO024. MODIFICATION DATE:See Block 125. CAPTION: DCPS Security Services6. ISSUED TO: (Contractor)3000 V Street NE Washington DC 20018Tel: 202-832-6857 7. ISSUING OFFICE:District of Columbia Public Schools (DCPS)Office of Fiscal Strategy,Contracts and Acquisitions Division1200 First Street NE, Suite 9thFloorWashington, DC 200028. PROGRAM OFFICE: District of Columbia Public Schools (DCPS) Office of the Chief Operating Officer (OCOO)In accordance with Article 15, changes of the Standard Contract Provisions for use with the District of Columbia Supply and Services Contracts, dated July 2010 and the 27 DCMR section 3601.2,the subject contract is hereby modified as follows: 1.This modification increased the contract amount by $429,209.55 to cover the cost of the increasing bus transportation to support athletic events through September 30th, 2024. There has been a significant increase in athletic events, which has exhausted the funds for the purchase order.Recap:DescriptionAmountOriginal PO (PO$ 515,595.00 Paid Invoice (October 2023 to February 2024)$ 493,903.94 Remaining PO amount $ 21,691.06 Unpaid Invoices (March 2024 to April 2024)$ 214,914.00 Invoices/Projections (May, June, September 2024)$ 235,966.61Actual needs (theincreasedamount)$ 429,209.55Total PO amount $ 944,804.55a)Delete entirely B.4.2 OPTION YEAR ONE October 01, 2023, thru September 30, 2024b)Replace with B.4.2 OPTION YEAR ONE October 01, 2023, thru September 30, 2024B.4.2.1 Category A -High Schools (HS) and Opportunity League Sports ProgramsContract LineItem No. (CLIN)Item Description(Column B)Price Per Unit
(Column C)QuantityMinimum(Column D)Minimum Total(C x D) (Column E)QuantityMaximum(Column F)Max Total (C x F)(Column G)1001A High School and Opportunity League Sports Programs Section J. Attachment J.11$___619.35___________Per Trip1 Trip (26 Buses with at least one bus equipped with handicap facilities)$____619.35___Per trip1525.47 Trips (26 Buses with at least one bus equipped with handicap facilities)$944,804.551002A Support Services alternative pricing to cover extra activities, special events, and playoffs as they arise.$___619.35______Per Trip(As Needed)1 $__619.35____Grand Total for B.4.1.2 $944,804.55
2. The period of performance of option year one is from October 1, 2024, through September 30, 2025
3. The current Contract amount increased from $515,595.00 by $429,209.55 to $944,804.55.
4. Delete Section G.7, Contracting Officer (CO)
5. Replace Section G.7, Contracting Officer (CO) with
LaVeta Hilton
Deputy Chief Procurement Officer
District of Columbia Public Schools
Office of Fiscal Strategy
Contracts and Acquisitions Division
1200 First Street, NE, 9th floor.
Washington, DC 20002
Phone: (202) 442-51
All other terms and conditions of the contract remain unchanged.
10. AMOUNT OF MODIFICATION: $944,804.55 CURRENT VALUE OF CONTRACT: $944,804.55
CURRENT COMPLETION DATE: September 30, 2025
11 CONTRACTORS
By: Name:
Signature of Authorized Representative Title: Date
12. ACCEPTANCE BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
Name:
Title: Contracting Officer Date
Signature
Case File Contractor PSD Using Agency
DC023 3/97
Thomas
Dominique
Digital Signer:Thomas Dominique
DN:E=tdominique@battles-transport.com,
O="Battle's Transportation, Inc. ", OU="Battle's
Transportation, Inc. ", CN=Thomas Dominique
Date:2024.05.29
13:18:57 -04:00
5/29/2024
GOVERNMENTOFTHEDISTRICTOFCOLUMBIABILATERALMODIFICATION Page No. 1 of 2 Page(s) 1. CONTRACT NO/TASK ORDER GAGA-2023-C0042B 2. CONTRACT DATE: October 1, 2023 3. MODIFICATION NO 03 4. MODIFICATION DATE: See Block 12 5. CAPTION: DCPS Security Services 6. ISSUED TO: (Contractor) 3000 V Street NE Washington DC 20018 Tel: 202-832-6857 7. ISSUING OFFICE: District of Columbia Public Schools (DCPS) Office of Fiscal Strategy, Contracts and Acquisitions Division 1200 First Street NE, Suite 9th Floor Washington, DC 20002 8. PROGRAM OFFICE: District of Columbia Public Schools (DCPS) Office of the Chief Operating Officer (OCOO) In accordance with Article 15, changes of the Standard Contract Provisions for use with the District of Columbia Supply and Services Contracts, dated July 2010 and the 27 DCMR section 3601.2, the subject contract is hereby modified as follows: 1) to extend the term of tthe District of Columbia Public Schools (DCPS) is exercising option year two in the amount of $1,159,118,81. a) Delete B.4.3 OPTION YEAR TWO October 01, 2024, thru September 30, 2025 B.4.3.1 Category A -- High Schools (HS) and Opportunity League. Contract Line Item No. (CLIN) Item Description (Column B) Price Per Unit (Column C) Quantity Minimum (Column D) Minimum Total (C x D) (Column E) Quantity Maximum (Column F) Max Total (C x F) (Column G) 2001A High School and Opportunity League Section J. Attachment J.11 $637,93___ Per Trip 1 Trip (26 Buses with at least one bus equipped with handicap facilities) $637.93_______ Per trip 5000 Trips (26 Buses with at least one bus equipped with handicap facilities) $3,189,650.00 2002A Support Services - alternative pricing to cover extra activities, special events, playoffs as they arise. $_____________ Per Trip (As Needed) 1 $__________ Grand Total for B.4.1.3 $3,189,650.00 b) Replace with B.4.3 OPTION YEAR TWO October 01, 2024, thru September 30, 2025 B.4.3.1 Category A - High Schools (HS) and Opportunity League Sports Programs
Contract
Line
Item No.
(CLIN)
Item
Description
(Column B)
Price Per Unit
(Column C)
Quantity
Minimum
(Column D)
Minimum
Total
(C x D)
(Column E)
Quantity
Maximum
(Column F)
Max Total
(C x F)
(Column G)
2001A High School
and
Opportunity
League Sports
Programs
Section J.
Attachment
J.11
$___637.93____
_______
Per Trip
1 Trip
(26 Buses
with at
least one
bus
equipped
with
handicap
facilities)
$____637.93_
__
Per trip
1525.47
Trips
(26 Buses
with at least
one bus
equipped
with
handicap
facilities)
$1,159,118.81
2002A Support
Services
alternative
pricing to cover
extra activities,
special events,
and playoffs as
they arise.
$___619.35____
__
Per Trip
(As Needed)
1 $__619.35___
_
Grand Total for B.4.1.2 $1,159,118.81
1. The period of performance of option year one is from October 1, 2024, through September 30,
2025.
All other terms and conditions of the contract remain unchanged.
10. AMOUNT OF MODIFICATION: $1,159,118.81 CURRENT VALUE OF CONTRACT: $1,159,118.81
CURRENT COMPLETION DATE: September 30, 2025
11 CONTRACTORS
By: Name:
Signature of Authorized Representative Title: Date
12. ACCEPTANCE BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
Name:
Title: Contracting Officer Date
Signature
Case File Contractor PSD Using Agency
DC023 3/97
Thomas
Dominique
Digital Signer:Thomas Dominique
DN:E=tdominique@battles-transport.com,
O="Battle's Transportation, Inc. ",
OU="Battle's Transportation, Inc. ",
CN=Thomas Dominique
Date:2024.05.29
13:19:40 -04:00
GOVERNMENT OF THE DISTRICT OF COLUMBIA
CHANGE ORDER/UNILATERAL MODIFICATION
Page No. 1 of 1 Page(s)
CONTRACT NO:
GAGA-2023-C-0042B
EFFECTIVE DATE:
10/01/2024
MODIFICATION NO:
4
MODIFICATION DATE:
ISSUING OFFICE:
District of Columbia Public Schools (DCPS)
Office of Fiscal Strategy, Contracts and Acquisitions Division
1200 First Street NE, Suite 9th Floor
Washington, DC 20002
ISSUED TO: (Contractor)
Battle’s Transportation
3000 V Street NE
Washington DC 20018
Tel: 202.462.8658
USING AGENCY OR AGENCIES:
District of Columbia Interscholastic Athletic Association
(DCIAA).
TITLE:
DCIAA Student Athletics Transportation
ACTION: Change Exercise of Option Economic Price Adjustment Other
Pursuant to Section 15 of the District of Columbia Standard Contract Provisions for use with Supply and
Services Contracts, dated July 2010 and 27 DCMR Section 3601.3, the Contract is hereby modified as
follows:
1. This modification corrects modification #3’s caption in section 5
a) Delete
5.Caption: DCPS Security Services
b) Replace with
5.Caption: DCIAA Student Athletics Transportation
2. The full term for the option is from October 1, 2024, through September 30, 2025
ALL OTHER CONTRACT TERMS AND CONDITIONS REMAIN UNCHANGED
DATE Contracting Officer SIGNATURE
Case File Contractor PSD Using Agency
DC022 3/97
12-6-2024
12-6-2024
LaVeta Hilton
1� .... .... I
GOVERNMENT OF THE DISTRICT OF COLUMBIA
BILATERAL MODIFICATION
Page No. 1 of 1 Page(s)
I. CONTRACT Norr ASK ORDER 2. CONTRACT DATE: 3. MODIFICATJON NO 4. MODIFICATION DATE:
GAGA-2023-C-00428
October I , 2024 05 See Block 12
5. CAPTION: DCPS Security Services
6. ISSUED TO: (Contractor) 7. ISSUJNG OFFICE:
Battle's Transportation Tnc (BTT) District of Columbia Public Schools (DCPS)
3000 V Street NE Washington DC 20018 Office of Fiscal Strategy,
Tel: 202-832-6857 Contracts and Acquisitions Division
1200 First Street NE, Suite 9th Floor
Washington, DC 20002
8. PROGRAM OFFICE: District of Columbia Public Schools (DCPS) Office of Operation (000)
In accordance with Article l 5, changes of the Standard Contract Provisions for use with the District of Columbia Supply
and Services Contracts, dated July 2010 and the 27 DCMR - section 3601.2, the subject contract is hereb y modified as
follows:
I) This modification updates the Living Wage Act in the Contract as follows:
a) In accordance with section 38(d) of the Standard Contract Provisions (Way to Work Amendment Act of2006),
Effective on January 1, 2025, until June 30, 2025, the Di strict's living wage rate is $17.50 per hour. Effective
July l, 2025, the District's Minimum Wage and Living Wage will increase to $18.00 per hour.
b) The Living Wage Act Notice for 2025 is attached and incorporated in the contract as Attachment A.
c) The Living Wage Act Fact Sheet for 2025 is attached and hereby incorporated in the contract as Attachment B
2) The period of performance for option year two remains from October 01, 2024, th!ough September 30,
2025
All other terms and conditions of the contract remain unchanged.
10. AMOUNT OF MODIFICATION: so.oo CURRENT VALUE OF CONTRACT:
CURRENT COMPLETION DATE: September 30, 2025
llCONTT�A F) __ � . \V\Q �� \'J(.;1M, i \;l 1. � "\_,� By: -'II Name:
�1ature of Authoriz�esentative Title: �c.id-tv.�� '
12. ACCEPTANCE BYTHE GOVERNMENT OF THE DISTRICT OF COLUMBIA
Name:
Title: Contracting Officer
Case File
DC023
Sil!nature
Contractor PSD
$1 159.118.81
9: l 18D
[?=)
Date
Using Agency
3/97
THE LIVING WAGE ACT OF 2006
D.C. Code §§ 2-220.01 – 2-220.11
Recipients of new contracts or government assistance shall pay affiliated employees and subcontractors who
perform services under the contracts no less than the current living wage.
Effective January 1, 2025 until June 30, 2025, the Living Wage rate is $17.50 per hour.
Effective July 1, 2025, the District’s Minimum Wage and Living Wage rates will increase to
$18.00 per hour.
The requirement to pay a living wage applies to:
▪ All recipients of contracts in the amount of $100,000 or more, and all subcontractors that receive
$15,000 or more from the funds received by the recipient from the District of Columbia, and
▪ All recipients of government assistance in the amount of $100,000 or more, and all subcontractors of
these recipients that receive $50,000 or more from the government assistance received by the
recipient from the District of Columbia.
“Contract” means a written agreement between a recipient and the District government.
“Government assistance” means a grant, loan, or tax increment financing that result in a financial benefit
from an agency, commission, instrumentality, or other entity of the District government.
“Affiliated employee” means any individual employed by a recipient who received compensation directly
from government assistance or a contract with the District of Columbia government, including employees of
the District of Columbia, any employee of a contractor or subcontractor of a recipient who performs
services pursuant to government assistance or contract. The term “affiliated employee” does not include
those individuals who perform only intermittent or incidental services with respect to the contract or
government assistance or who are otherwise employed by the contractor, recipient, or subcontractor.
Certain exemptions apply: 1) Contracts or agreements subject to wage determinations required by federal law
which are higher than the wage required by this Act; 2) Existing and future collecting bargaining agreements,
provided that the future agreement results in employees being paid no less than the current living wage; 3)
contracts for electricity, telephone, water , sewer performed by regulated utilities; 4) contracts for services needed
immediately to prevent or respond to a disaster or imminent threat declared by the Mayor; 5) contracts awarded to
recipients that provide trainees with services, including but not limited to case management and job readiness
services, provided the trainee does not replace employees; 6) employees under 22 years of age employed during a
school vacation period, or enrolled as a full-time student who works less than 25 hours per week; 7) tenants or
retail establishments that occupy property constructed or improved by government assistance, provided there is no
receipt of direct District government assistance; 8) employees of nonprofit organizations that employ not more
than 50 individuals and qualify for 501(c)(3) status; 9) Medicaid provider agreements for direct care services to
Medicaid recipients, provided, that the direct care service is not provided through a home care agency, a
community residence facility, or a group home for persons with intellectual disabilities as those terms are defined
in section 2 of the Health-Care and Community Residence Facility, Hospice, and Home Care Licensure Act of
1983; D.C. Code § 44-501; and 10) contracts or agreements between managed care organizations and the Health
Care Safety Net Administration or the Medicaid Assistance Administration to provide health services.
Home Care Final Rule: The Department of Labor extended overtime protections to home care workers and
workers who provide companionship services. Employers within this industry are now subject to recordkeeping
provisions.
Each recipient and subcontractor of a recipient shall provide this notice to each affiliate d employee covered by this notice, and
shall also post this notice in a conspicuous site in its place of business. All recipients and subcontractors shall retain payroll
records created and maintained in the regular course of business under District of Columbia law for a period of at least 3 ye ars.
To file a claim, visit: Department of Employment Services, Office of Wage-Hour, 4058 Minnesota Avenue, NE, Suite 3600,
Washington, D.C. 20019; call: (202) 671-1880; or file your claim on-line: does.dc.gov. Go to “File a Claim” tab.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Employment Services
MURIEL BOWSER DR. UNIQUE MORRIS-HUGHES
MAYOR DIRECTOR
4058 Minnesota Ave, N.E. • Suite 3600 • Washington, D.C. 20019 • Office: 202.671.1900
LIVING WAGE ACT FACT SHEET
The Living Wage Act of 2006 , D.C. Code §§ 2 -220.01 – 2-220.11, provides that District of Columbia government
contractors and recipients of government assistance (grants, loans, tax increment financing) , in the amount of
$100,000 or more, shall pay affiliated employees wages at no less than the current living wage rate.
Effective January 1, 2025 until June 30, 2025, the Living Wage rate is $17.50
per hour.
Effective July 1, 2025, the District’s Minimum Wage and Living Wage rates
will increase to $18.00 per hour.
Subcontractors of D.C. government contractors , who receive $15,000 or more from the contract , and subcontractors
of the recipients of government assistance, who receive $50,000 or more from the assistance, are also required to pay
their affiliated employees no less than the current living wage rate.
“Affiliated employee” means any individual employed by a recipient who receives compensation directly from
government assistance or a contract with the District of Columbia government, including any employee of a
contractor or subcontractor of a recipient who performs services pursuant to government assistance or a contract.
The term “affiliated employee” does not include those individuals who perform only intermittent or incidental
services with respect to the government assistance or contract, or who are otherwise employed by the contractor,
recipient or subcontractor.
Exemptions – The following contracts and agreements are exempt from the Living Wage Act:
1. Contracts or other agreements that are subject to higher wage level determinations required by federal
law (i.e., if a contract is subject to the Service Contract Act and certain wage rates are lower than the
District’s current living wage, the contractor must pay the higher of the two rates);
2. Existing and future collective bargaining agreements, provided that the future collective bargaining
agreement results in the employee being paid no less than the current living wage;
3. Contracts for electricity, telephone, water, sewer or other services provided by a regulated utility;
4. Contracts for services needed immediately to prevent or respond to a disaster or imminent threat to
public health or safety declared by the Mayor;
5. Contracts or other agreements that provide trainees with additional services including, but not limited
to, case management and job readiness services, provided that the trainees do not replace employees
subject to the Living Wage Act;
6. An employee, under 22 years of age, employed during a school vacation period, or enrolled as full-time
student, as defined by the respective institution, who is in high school or at an accredited institution of
higher education and who works less than 25 hours per week; provided that students not replace
employees subject to the Living Wage Act;
7. Tenants or retail establishments that occupy property constructed or improved by receipt of
government assistance from the District of Columbia; provided, that the tenant or retail establishment
did not receive direct government assistance from the District of Columbia;
8. Employees of nonprofit organizations that employ not more than 50 individuals and qualify for taxation
exemption pursuant to Section 501 (c) (3) of the Internal Revenue Code of 1954, approved August 16,
1954 (68 A Stat. 163; 26. U.S.C. §501(c)(3));
9. Medicaid provider agreements for direct care services to Medicaid recipients, provided, that the direct
care service is not provided through a home care agency, a community residence facility, or a group
home for persons with intellectual disabilities as those terms are defined in section 2 of the Health-Care
and Community Residence Facility, Hospice, and Home Care Li censure Act of 1983; D.C. Official
Code § 44-501; and
10. Contracts or other agreements between managed care organizations and the Health Care Safety Net
Administration or the Medicaid Assistance Administration to provide health services.
Enforcement
The Department of Employment Services (DOES) Office of Wage -Hour and the D.C. Office of Contracting and
Procurement share monitoring responsibilities.
Home Care Final Rule: The Department of Labor extended overtime protections to home care workers
and workers who provide companionship services. Employers within this industry are now subject to
recordkeeping provisions.
If you learn that a contractor subject to this law is not paying at least the current living wag e, you should report it to
the contracting officer. If you believe that your employer is subject to this law and is not paying at least the current
living wage, you may file a complaint with the DOES Office of Wage - Hour, located at 4058 Minnesota Avenue,
N.E. Suite 3600, Washington, D.C. 20019, call (202) 671-1880, or file your claim on-line: www.does.dc.gov. Go to
“File a Claim” tab.
For questions and additional information, contact the Office of Contracting and Procurement at (202) 727-0252 or the
Department of Employment Services on (202) 671-1880.
Please note: This fact sheet is for informational purposes only as required by Section 106 of the Living Wage Act. It should not
be relied on as a definitive statement of the Living Wage Act or any regulations adopted pursuant to the law.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
BILATERAL MODIFICATION
Page No. 1 of 2 Page(s)
1. CONTRACT NO/TASK ORDER
GAGA-2023-C-0042B
2. CONTRACT DATE:
October 1, 2024
3. MODIFICATION NO
06
4. MODIFICATION DATE:
See Block 12
5. CAPTION: Athletic Student Transportation
6. ISSUED TO: (Contractor)
Battle’s Transportation Inc (BTI)
3000 V Street NE, Washington, DC 20018
Tel: 202-832-6857
7. ISSUING OFFICE:
District of Columbia Public Schools (DCPS)
Office of Fiscal Strategy,
Contracts and Acquisitions Division
1200 First Street NE, Suite 9th Floor
Washington, DC 20002
8. PROGRAM OFFICE: District of Columbia Interscholastic Athletic Association (DCIAA)
9. ACTION: Change Exercise of Option Economic Price Adjustment Other
In accordance with Article 15, changes of the Standard Contract Provisions for use with the District of Columbia Supply
and Services Contracts, dated July 2010, and the 27 DCMR – section 3601.2, the subject contract is hereby modified
as follows:
1) In accordance with the provisions of the Contract in F.2 entitled “Option to extend the term of the Contract,”
the District of Columbia Public Schools (DCPS) is exercising option year three in the amount of
$1,159,720.41
a) B.4.4 Option Year Three – October 01, 2025, through September 30, 2026
B.4.3.1 Category A - High Schools (HS) and Opportunity League Sports Programs
Contract
Line
Item No.
(CLIN)
Item
Description
(Column B)
Price Per Unit
(Column C)
Quantity
Minimum
(Column D)
Minimum
Total
(C x D)
(Column E)
Quantity
Maximum
(Column F)
Max Total
(C x F)
(Column G)
3001A
High School
and
Opportunity
League Sports
Programs
$637.93
Per Trip
1 Trip
(26 Buses
with at least
one bus
equipped
with
handicap
facilities)
$637.93
Per trip
1,699 Trips
(26 Buses
with at least
one bus
equipped
with
handicap
facilities)
$1,159,720.41
3002A Support
Services
alternative
pricing to cover
extra activities,
special events,
and playoffs as
they arise.
$_________
Per Trip
(As Needed)
1
____
Grand Total for B.4.1.2
$1,159,720.41
2. The period of performance for option year three is from October 1, 2025, through September 30, 2026
All other terms and conditions of the contract remain unchanged.
10,AmountOfModification: 1,159,720.41 CurrentValueofContract: $1,159,72041
CurrentCompletionDate: ‘September30,2026
11CONTRACTORS
Name: OM, MAL AL o.68S
edRepresentativeTitle: ey oe Date
12.ACCEPTANCEBYTHEGOVERNMENTOFTHEDISTRICTOFCOLUMBIA.
Name:
Title:ContractingOfficer Date
CaseFile Contractor PSD) UsingAgeney
e023 397
r _. DISTRICT OF COLUMBIA
DISTRICT OF COLUMBIA PUBLIC SCHOOLS
NEGOTIATED CONTRACT FOR GOODS AND/OR SERVICES
ISSUED BY:
ADDRESS:
Office of Contracts and Acquisilions (OCA)
1200 First Street, N.E., 9 .. Floor
Washington, DC 20002
Page No. 1 of 47 pages
CONTRACT NO:
PROGRAM OFFICE:
GAGA-2023-C-0042B SOLICITATION 0: GAGA-2023-1-0042
Office of the Chief Operadons Officer,
CAPTION: DCIAA Student Athletics Transporudon Services
TABLE OF CONTENTS
(v) SEC. DESCRIPTION PAGE(S) (v) SEC. DESCRIPTION PAGE(S)
PART J - The Schedule PART n -Contract Cluses
✓ A Solicitation/Contract Form 1 ✓ I Contract Clauses 37-44
v B Sunnlics/Sc:rviccs and Price/Costs 2-11 PART m -List of Documents, Exhlblu and Other Attach
C Description/Specs/Work Sllllemc:nt 11-16 ✓ J List of Attachments 44-45
✓ D Packalrin12 and Markin11. 17 PART JV - Represent11dons and Irutrucdons
E Inspection and Acceptance 17 K Representations, Certifications. and Other NIA
,J F Deliveries or Performance 17-19 Statements of Offerors
" G Contract Administration 20-25 L lnstrs. Conds. & Notices to Offerors NA
" H Special Contract ReQuirements 25-36 M Evaluation Factors for Award NA
The undersigned offers and agrees lhal, with respect ID all terms and conditions, as negotiated between the olferor and DCPS and contained herein, and the provisions of
the solicitation, constitutes the Formal Contract.
CONTRACTOR: (Contractor shall not commence performance until the District ACCEPTANCE BY THE DISTRICT OF COLUMBIA PUBLIC SCHOOLS:
of Columbia Publfo Schools has signed this document)
PrintName:�OMP,.,,( Pot-Al!/'-\ �4,--C
(: lt,wkVl
Date
Mailing Address of Contractor
3000 V Street NE Washington DC 20018
_2024628658___ �� t5d- -btS:1
Telephone No. Facsimile No.
ACCOUNTING AND APPROPRIATION DATA:
Contracting Officer
_Brenda Allen _
Type or Print Name
______
Date
____8/23/2023______ _
Tht information contained in the box below b for District of Columbia Public
School, use only and, In the event of a dl1crep1ncy between this Information
and the terms of the contract, the contract terms shall take precedence.
PERIOD OF CONTRACT: August 25, 2023, to September 30, 2023
CONTRACT AMOUNT: $121,464.62 for the base year
1
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
2
SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST
B.1 The District of Columbia Public Schools (DCPS), Office of Contracts and Acquisitions (OCA), on
behalf of the Athletics Department (The District) is seeking Contractor(s) to provide transportation
services for the students and staff of DCPS that are participating in a full range of organized athletics
program through the District of Columbia Interscholastic Athletic Association (DCIAA).
B.1.1 The Program is the Department of Athletics covering sports within the DCIAA . DCPS, DCIAA is
requesting proposals separated by grade levels as follows:
B.1.1.a Category A -- High School (HS) and Opportunity League Sports Programs
B.1.1. b Category B -- Middle School (MS) Sports Programs to include Adaptive Sports/Unified Sports and
B.1.1.c Category C -- Elementary School (ES) Sports Programs.
B.1.1.d All contractors shall bid on - Support Services; this category will cover emergencies, play -offs, and
other unexpected events for all categories. (On a Need Basis)
B.1.2 The bidders can bid on any or all categories listed above. However, DCPS reserves the right to select the
responsive, responsible contractor(s) based on the lowest, most advantageous bid price.
B.1.3 DCPS plans to award multiple Requirements Contracts with Fixed Unit Prices per category, (i.e., multiple
contracts for Category A, for Category B, or C). There will be a minimum of one contract per category.
B.2 CONTRACT TYPE SELECTION:
B.2.1 The District contemplates award of multiple Requirements Contract with Fixed Unit Price in
accordance with 27 DCMR Section 2400. There will be a minimum of one contract per category.
B.2.2 The CO may elect to proceed with any method of negotiations, discussions or award of the contract
without discussion or negotiations.
B.2.3 The award will be made to the Responsive, Responsible contractor with the Reasonable pricing whose
bid will be the most advantageous to DCPS, DCIAA with respect to price , responsiveness,
responsibility determination.
B.3 REQUIREMENTS CONTRACT
The District will purchase its requirements of the articles or services included herein from the Contractor.
The estimated quantities stated herein reflect the best estimates available. The estimate shall not be
construed as a representation that the estimated quantity will be required or ordered, or that conditions
affecting requirements will be stable. The estimated quantities shall not be construed to limit the quantities
which may be ordered from the Contractor by the District or to relieve the Contractor of its obligation to
fill all such orders.
a) Delivery or performance shall be made only as authorized in accordance with the Ordering Clause,
See (Section G.4 Ordering Clause, and G.4.4.1, Page 26). The District may issue orders requiring
delivery to multiple destinations or performance at multiple locations. If the District urgently
requires delivery before the earliest date that delivery may be specified under this contract, and if
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
3
the Contractor shall not ac cept an order providing for the accelerated delivery, the District may
acquire the urgently required goods or services from another source.
b) There is no limit on the number of orders that may be issued. The District may issue orders
requiring delivery to multiple destinations or performance at multiple locations.
c) Any order issued during the effective period of this contract and not completed within that period
shall be completed by the Contractor within the time specified in the order. The contract shall
govern the Contractor's and District's rights and obligations with respect to that order to the same
extent as if the order were completed during the contract's effective period, provided that the
Contractor shall not be required to make any deliveries under this contract after September 30 of
the contract year.
B.4 PRICE SCHEDULE – REQUIREMENTS
B.4.1 BASE YEAR –Date of award thru September 30, 2023
B.4.1.1 Category A -- High Schools (HS) and Opportunity League Sports Programs.
Contract
Line
Item No.
(CLIN)
(Column A)
Item Description
(Column B)
Price Per Unit
(Column C)
Quantity
Minimum
(Column D)
Minimum
Total
(C x D)
(Column E)
Quantity
Maximum
(Column F)
Max Total
(C x F)
(Column G)
0001A
High School and
Opportunity League
Sports Programs Section
J. Attachment J.11
$601.31
Per Trip
1 Trip
(26 Buses with at
least one bus
equipped with
handicap
facilities)
$601.31
202 Trips
26 Buses with
at least one
bus equipped
with handicap
facilities)
$121,464.62
0002A Support Services -
alternative pricing to
cover extra activities,
special events, and
playoffs as they arise.
$__601.31______
_____
Per Trip
(As Needed)
1
$__________
Grand Total for B.4.2.1
$121,464.62
CLIN 002A are optional services on a need-by basis.
B.4.1.2 Category B - Middle School, EC (includes the ES and MS levels for ECs), and Adaptive Sports.
Reserved
B.4.1.3 Category C: Elementary School (ES) Sports Programs: Reserved
B.4.2 OPTION YEAR ONE – October 01, 2023, thru September 30, 2024
B.4.2.1 Category A - High Schools (HS) and Opportunity League Sports Programs
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
4
Contract
Line
Item No.
(CLIN)
(Column A)
Item Description
(Column B)
Price Per Unit
(Column C)
Quantity
Minimum
(Column D)
Minimum Total
(C x D)
(Column E)
Quantity
Maximum
(Column F)
Max Total
(C x F)
(Column G)
1001A
High School and
Opportunity
League Sports
Programs Section
J. Attachment J.11
$___619.35_______
____
Per Trip
1 Trip
(26 Buses
with at least
one bus
equipped with
handicap
facilities)
$____619.35___
Per trip
832 Trips
(26 Buses
with at least
one bus
equipped with
handicap
facilities)
$515,299.20
1002A Support Services -
alternative pricing
to cover extra
activities, special
events, playoffs as
they arise.
$___619.35_______
Per Trip
(As Needed)
1
$__619.35_____
Grand Total for B.4.1.2
$515,299.20
NOTE: CLIN 1002A are optional services on a need-by basis
B.4.2.2 Category B – Middle School (MS) Sports Program and Adaptive/Unified Sports. Reserved
B.4.2.3 Category C -- Elementary Schools (ES) (no EC’s included in the group): Reserved
B.4.3 OPTION YEAR TWO – October 01, 2024, thru September 30, 2025
B.4.3.1 Category A -- High Schools (HS) and Opportunity League.
Contract
Line
Item No.
(CLIN)
(Column A)
Item Description
(Column B)
Price Per Unit
(Column C)
Quantity
Minimum
(Column D)
Minimum Total
(C x D)
(Column E)
Quantity
Maximum
(Column F)
Max Total
(C x F)
(Column G)
2001A
High School and
Opportunity
League Section J.
Attachment J.11
$637,93___
Per Trip
1 Trip
(26 Buses with at
least one bus
equipped with
handicap
facilities)
$637.93_______
Per trip
5000 Trips
(26 Buses with at
least one bus
equipped with
handicap
facilities)
$3,189,650.00
2002A Support Services -
alternative pricing
to cover extra
activities, special
events, playoffs as
they arise.
$_____________
Per Trip
(As Needed)
1
$__________
Grand Total for B.4.1.3
$3,189,650.00
B.4.3.2 Category B – Middle School (MS) and Adaptive/Unified Sports Programs. Reserved
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
5
B.4.3.3 Category C -- Elementary Schools (ES) Sports Programs: Reserved
B.4.4 OPTION YEAR THREE– October 01, 2025, thru September 30, 2026
B.4.4.1 Category A -- High Schools (HS) and Opportunity League Sports Programs.
Contract
Line
Item No.
(CLIN)
(Column A)
Item Description
(Column B)
Price Per Unit
(Column C)
Quantity
Minimum
(Column D)
Minimum Total
(C x D)
(Column E)
Quantity
Maximum
(Column F)
Max Total
(C x F)
(Column G)
3001A
High School and
Opportunity
League Section J.
Attachment J.11
$682.59
Per Trip
1 Trip
(26 Buses
with at least
one bus
equipped with
handicap
facilities)
$682.59
5000 Trips
(26 Buses
with at least
one bus
equipped with
handicap
facilities)
$3,412,950.00
3002A Support Services -
alternative pricing
to cover extra
activities, special
events, play offs,
as they arise.
$_____________
Per Trip
(As Needed)
1
$__________
Grand Total for B.4.1.4
$3,412,950.00
NOTE: CLIN 3002A will be activated by DCPS Contract Administrator.
B.4.4.2 Category B – Middle School and Adaptive/Unified Sports Programs. Reserved
B.4.4.3 Category C -- Elementary Schools Sports Programs: Reserved
B.4.5 OPTION YEAR FOUR– October 01, 2026, thru September 30, 2027
B.4.5.1 Category A - High Schools (HS) and Opportunity League Sports Programs.
Contract
Line
Item No.
(CLIN)
(Column A)
Item Description
(Column B)
Price Per Unit
(Column C)
Quantity
Minimum
(Column D)
Minimum Total
(C x D)
(Column E)
Quantity
Maximum
(Column F)
Max Total
(C x F)
(Column G)
4001A
High School and
Opportunity
Sports Programs
League Section J.
Attachment J.11
$730.37
Per Trip
1 Trip
(26 Buses
with at least
one bus
equipped with
handicap
facilities)
$730.37
5000 Trips
26 Buses with
at least one
bus equipped
with handicap
facilities)
$3,651,850.00
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
6
4002A Support Services -
alternative pricing
to cover extra
activities, special
events, play offs,
as they arise.
$_____________
Per Trip
(As Needed)
1
$__________
Grand Total for B.4.1.5
$$3,651,850.00
NOTE: CLIN 4002A will be activated by DCPS Contract Administrator.
B.4.5.2 Category B – Middle School (MS) and Adaptive/Unified Sports Programs. Reserved
B.4.5.3 Category C -- Elementary School (ES) Sports Programs: Reserved
B.4.4 Category D- Alternative Pricing to Cover extra activities, special events, play offs, as they arise
B.4.4.1 BASE YEAR Date of award thru September 30, 2023
Contract Line
Item No. (Clin)
Item Description Total Price
0001D Ad Hoc Transportation Support
Services for all Categories
$601.31
Grand Total $601.31
B.4.4.2 OPTION YEAR ONE - October 1, 2023, thru September 30, 2024
Contract Line
Item No. (Clin)
Item Description Total Price
1001D Ad Hoc Transportation Support
Services for all Categories
$619.35
Grand Total $619.35
B.4.4.3 OPTION YEAR TWO - October 1, 2024, thru September 30, 2025
Contract Line
Item No. (Clin)
Item Description Total Price
2001D Ad Hoc Transportation Support
Services for all Categories
$637.93
Grand Total $637.93
B.4.4.4 OPTION YEAR THREE - October 1, 2025, thru September 30, 2026
Contract Line Item Description Total Price
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
7
Item No. (Clin)
3001D Ad Hoc Transportation Support
Services for all Categories
$682.59
Grand Total $682.59
B.4.4.5 OPTION YEAR FOUR - October 1, 2026, thru September 30, 2027
Contract Line
Item No. (Clin)
Item Description Total Price
4001D Ad Hoc Transportation Support
Services for all Categories
$730.37
Grand Total $730.37
NOTE: All bidders shall provide pricing for category D.
B.4.5 For contracts in excess of $250,000 annually, at least 35% of the dollar volume of the contract shall be
subcontracted in accordance with section H.9. A Subcontracting Plan form is available at
http://ocp.dc.gov, under Quick Links click on “Required Solicitation Documents”.
B.4.6 A contractor responding to this solicitation that is required to subcontract shall be required to submit with
its bid, any subcontracting plan required by law. Bids responding to this solicitation shall be deemed
nonresponsive and will be rejected if the bidder fails to submit a subcontracting plan with its bid that is
required by law.
SECTION C: SPECIFICATIONS/WORK STATEMENT
C.1 SCOPE
C.1.1 The District of Columbia Public Schools (DCPS), Office of Resource Strategy (ORS), Office of Contracts
and Acquisitions (OCA), on behalf of the Athletics Department (The District) is seeking Contractor(s) to
provide transportation services for the students and staff of DCPS that are participating in a full range of
organized athletics program through the District of Columbia Interscholastic Athletic Association
(DCIAA).
C.1.2 To facilitate students’ participation, DCPS, D CIAA is engaging qualified contractor(s) to ensure that
students have a safe and secure mode of transportation to the various athletic events . It is also provided
to ensure the least disruption to the participation in scheduled sport events as possible. The transportation
services provided are for students exclusively, however, DCPS staff are eligible to ride when necessary.
C.1.3 The contractor(s) shall transport DCPS students for the schools listed below as categorized:
A. Category A -- High School (HS) and Opportunity League Sports Programs,
B. Category B -- Middle School (MS) and Adaptive/Unified Sports Programs,
C. Category C – Elementary School (ES) Sports Programs
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
8
D. Support Services ( All contractors sh ould bid on this category ). This category will cover
emergencies, play-offs, and other unexpected events for all categories.
C.1.4 The contractor shall transport student-athletes based on the requirements set forth in the DC Municipal
Regulations (DCMR), National Highway Traffic Safety Administration (NHTSA), and DCPS’
Transportation Guidance. (Student Transportation Policy, November 2017) (Chancellor’s Directive #301,
Page 1of 6)
C.1.5 The contractor shall provide on time transportation services for all athletics trips requested.
C.1.6 The contractor shall provide scheduled transportation services which is defined as transporting one or
more schools to a destination and returning those same schools to their points of origin.
C.1.7 The contractor shall ensure all drivers and attendants visibly display DCPS identification, will be provided
by DCPS.
C.1.8 Bus d rivers shall not leave the designated area for pick -up location until authorized by a DCPS
representative.
C.1.9 No contractor shall transport student-athletes without the presence of a Coach.
C.1.10 The contractor shall ensure all students are seated prior to driving.
C.1.11 The contractor shall adjust the schedule in the event of inclement weather (lightening, emergencies other
than weather, etc.), BUSES SHALL BE PREPARED TO RETURN FOR IMMEDIATE PICK-UP FROM
EVENT SITE.
C.1.12 The Contractor shall provide an experienced school bus driver on all buses for every trip.
C.1.13 The Contractor shall provide all man agement, supervision, personnel, equipment, vehicles, fuel, vehicle
maintenance, material and supplies required to perform the services required under this contract.
C.1.14 The Contractor shall ensure that every driver has successfully cleared the DC MPD designee (DCPS,
Office of Compliance) and F.B.I. background investigations prior to providing ervice under this contract.
C.1.15 The Contractor shall provide the requi red/scheduled number of buses for up to 45 student athletes and
their sports equipment per bus; the Contractor shall also provide ONE bus with seatbelts for a minimum
of 45 passengers and their sports equipment.
C.1.16 The Contractor shall display its name on the exterior of each vehicle. Additionally, each vehicle shall:
C.1.16.1 Have fire extinguishers approved by the Washington Metropolitan Area Transit Commission.
C.1.16.2 Have a first aid kit of appropriate size and capacity.
C.1.16.3 Have a two-way radio or other acceptable communication device that facilitates communication between
the drivers and a supervisor/dispatcher.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
9
C.1.16.4. If the bus is going to be late for pick up at any time, the Contractor sh all promptly contact the DCPS
Program Manager. The Program Manager will notify the schools of the delay.
C.1.16.5 Perform preventive and corrective maintenance on all vehicles used in the performance of this contract;
and,
C.1.16.6 The Contractor shall ensure that vehicles used in the performance of this contract are inspected annually.
The inspection sticker shall be always visible on the vehicle.
C.1.17 The Contractor shall have the sole responsibility to compensate its employees, including all applicable
taxes, insurance, and workmen’s compensation and shall be solely responsible for any losses incurred by
DCPS, resulting from dishonesty, fraudulent, or negligent acts on the part of its employees or agents.
C.1.18 The Contractor and its employees shall comply with all wages and hours of employment requirements of
Federal and State Law and the Service Contract Act. The Contractor shall provide wage/salary and benefits
per the most applicable recent Wage Determination Rates set by the U.S. Department of Labor under the
Service Contract Act. All employees of the contractor shall be paid in accordance of the Fair Labor
Standards Act, as amended and any other applicable statues (details in Section H.2).
C.1.19 The Contractor shall maintain the capacity to provide backup vehicle (s) to provide the transportation
services required under this contract in the event of any breakdowns of its regular scheduled buses that
are put out of service, to avoid any disruption in the required service. Any occurrence of such a breakdown
shall be reported immediately to the Contract Administrator.
C.1.20 For safety reasons, whenever possible, bus driver shall allow student-athletes and coaches to remain on
the bus in the event of a breakdown.
C.1.21 The table below depicts the minimum and maximum buses for categories A, B, and C . The ordering
schedule for Category D – Support Services will be maintained and determined by the C ontract
Administrator (CA) in accordance with the Ordering Clause in Section G.4.4. The Contractor should
ensure that they have addressed each category below in their bid.
HS, Opportunity League
& Adaptive Sports
Sports Programs
Category A
Middle School (MS) Sports
Programs and
Adaptive/Unified
This grouping also includes
group formerly called
“Expansion”
Category B
Elementary School (ES)
Sports Programs
Category C
Special Events,
Unexpected Events,
Emergencies, Play
Offs, and Finals.
Category D
Average Minimum
Buses: 1
Highest Maximum
Buses 26
Average Minimum
Buses: 1
Highest Maximum
Buses 26
Average Minimum
Buses: 1
Highest Maximum
Buses 26
TBD as needed
C.2 APPLICABLE DOCUMENTS
The following documents are applicable to this procurement and are hereby incorporated by
this reference:
Item No. Document Type Title
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
10
0001 Regulation DC Municipal Regulations (DCMR)
Title 18
0002 Regulation National Highway Traffic Safety
Administration (NHTSA)
0003 Guidance DCPS’ Transportation Guidance
C.3 DEFINITIONS
These terms when used in this RFP have the following meanings:
C.3.1 A trip is defined as -- transporting one or more schools from their origin to a destination and returning
those same schools to their point of origin.
C.3.2 Destination - the location to which the student-athletes are going.
C.3.3 Origin - the place where student-athletes are picked up from (their home school).
C.3.4 Contractor – company awarded a contract to provide materials and or goods and services.
C.3.5 District of Columbia Public Schools (DCPS) – also referred to as the agency
C.3.6 Contracting Officer (CO) – The ONLY agent of the District government with legal authority to bind the
District (signature authority), states the limitations of authority (agency and dollar amount), may delegate
limited authority to a Contract Administrator (CA).
C.3.7 Contract Specialist (CS) – Agent of the government that manages the day-to-day process of purchasing
for the contracting officer. Also serves as business advisor to the agency customer. The CS does not sign
contracts.
C.3.8 Contract Administrator (CA) – The CA is selected by his/her agency. This person is designated by the
Contracting Officer (CO), officially, by an appointment letter. A CA is required for all contracts over
$100,000 Appointment letter specifies authority & responsibilities, separate letters required for each
contract CA (and supervisor) must sign and return.
C.3.9 Program –department of athletics providing a variety of sports to the student -athletes of the District of
Columbia Public Schools.
C.3.10 DCIAA – the District of Columbia Interscholastic Athletic Association providing a variety of sports to
the student-athletes of the District of Columbia Public Schools.
C.3.11 Student-Athlete – student enrolled in organized competitive sports sponsored by the DCIAA.
C.3.12 Coach – individual that supports a student-athlete in achieving their athletic goals through training and
guidance.
C.4 BACKGROUND
C.4.1 The District of Columbia Public Schools (DCPS) provides students with the opportunity to participate in
a full range of organized interscholastic athletics program through the District of Columbia Interscholastic
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
11
Athletic Association (DCIAA). The DCIAA is a historic organization that serves students grades 4 through
12 in all 115 DCPS schools. The vision of the DCIAA is to ensure all students have access to
interscholastic sports regardless of background. This task is challenged by funding and resource shortfalls.
This obstacle is not unique to DCPS/ DCIAA, as large, urban school systems across the country are forced
to make tough choices about how to best serve their students with limited resources.
C.4.2 Despite budget challenges, DCPS/DCIAA athletics pprogram is regarded as one of the best Interscholastic
Associations across the nation, producing many talented student athletes who go on to compete at the
collegiate and professional levels, including stars: Vernon Davis, Vontae Davis, Josh Cribbs, Emmanuel
Burriss, Byron Leftwich, and Jamelle Elliott. Overall, DCPS/DCIAA has one of the most comprehensive
sport programs in the country providing opportunities to organized sports for over 10,000 student athletes.
DCIAA offers 22 different sports and fields over 700 teams every school year. Athletics brings our
children and communities together through mental, physical, and social development of our athletes. In
athletics, student athletes learn life lessons about teamwork, perseverance, and discipline.
C.4.3 The DCIAA was recently awarded by our Chancellor and Mayor money to expand. This expansion will
cover new sports within the DCIAA for middle school students (archery, wrestling, and lacrosse), a
division for students with disabilities, and a division for students enrolled in the Opportunity Academies.
The Opportunity Academies (4 total schools) are alternative settings for students who are under credited
and overaged. With this solicitation, the DCIAA is looking for bus vendors who can cover the sports and
its expansions according to Categories A, B, C and D
C.4.4 Additionally, the DCIAA was also awarded money to cover transportation for our Elementary School
students. For the DCIAA Elementary Division, the DCIAA needs contractors to provide transportation
services to and from sporting events in the sports of basketball, flag football, and kickball. The second
part of this solicitation is looking for a vendor to transport our elementary students to these events.
C.5 CONTRACTOR REQUIREMENTS
C.5.1 District of Columbia Public Schools (DCPS), Interscholastic Athletic Association (IAA) is intended to
improve the students’ achievement by providing variety of sports and needed transportation to and from
different sports venues.
C.5.2. The contractor shall possess prior to contract execution, a Certificate of Necessity from the Washington
Metropolitan Transit Commission that attests to its authority to engage n the business of t ransporting
persons through the Washington Metropolitan Area.
C.5.2.1 The contractor shall ensure that every driver meets the following requirements prior to providing services
under the contract:
C.5.2.2 Have passed the physical examination and drug and alcohol testing requirements in accordance with DOT
requirements and Title 49 CFR Part 40 and Part 382 and provide the DCPS DOT documentation(s) of
random drug and alcohol testing. The DCPS reserves the right, under reasonable suspicion, to have the
contractors’ drives and aides tested for drugs and/or Alcohol.
C.5.2.3 Obtain and maintain a valid School Bus Operator’s License (SBOL) issued by the District of Columbia,
Department of Motor Vehicles.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
12
C.5.2.4 Must have successfully passed a police and F.B.I. background investigation check (The Contractors’
direct and indirect staff delivering service under this contract shall not have any prior criminal record of
felony convictions, including, but not limited to, any prior criminal record of convictions for child and/or
sexual abuse or molestation, rape, or illegal substance possession or distribution).
C.5.2.5 The Police and FBI Background Investigation Checks as specified above in Section shall be processed
through the DCPS Office of School Security located at 1200 First Street, NE, 10th Floor only. The contact
for appointment for fingerprinting and processing is Ms. Sandra Gliss: Telephone No. (202) 698-1019; E-
Mail address: Sandra.gliss@dc.gov. The process takes between three (3) and ten (10) business calendar
days. The Contractor must contact the Office of Security as soon as the selection has been made by
DCPS/OCA and the Contractor has been official informed of its selection/award.
C.5.2.6 Bus drivers must be at least 21 years of age. In addition to meeting this age requirement, bus drivers must
show evidence of having:
• A current and valid DC CDL driver’s license, with P and S endorsements, OR
• A current and valid MD, VA or WV CDL, Class B, driver’s license, with P and S endorsement s,
OR
• A current and valid CDL in other state, with P and S endorsements
C.5.2.7 Have successfully completed a defensive drive training course; and provide a copy of the certification of
successful completion to the DCPS DOT.
C.5.2.8 Obtain and maintain Cardiopulmonary Resuscitation (CPR)/First Aid Certification.
C.5.2.9 Be free from communicable diseases and physically able to perform the duties prescribed in the contract.
C.5.2.10 Have their operating credentials and license with them while performing under this Contract.
C.5.2.11 Follow the traffic laws of any jurisdiction in which they drive while in the performance of the contract.
C.5.2.12 Assume full responsibility for the safe and proper and on -time operation the vehicle that is assigned to
him/her.
C.5.2.13 In the event of an accident, if physically able, immediately call for medical assistance, notify the police
department and call the DCPS Office of Transportation dispatcher.
C.5.2.14 Walk the full interior length of the bus to ensure that each child has departed the bus at the end of each
bus trip.
C.5.2.15 The Contractor shall maintain the capacity to provide backup vehicle(s) to provide the transportation
services required under this contract in the event of any breakdowns of its regular scheduled buses that
are put out of service, in the manner to avoid a ny disruption in the required service. Any occurrence of
such a breakdown shall be reported immediately to the Contract Administrator.
C.5.2.16The Contractor shall submit in writing a Back-Up Plan that will prevent any disruption in services if any
of th e buses to be used in the performance of this contract is/becomes inoperable upon award of the
contract.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
13
C.5.2.17 If the Contractor is more than forty-five minutes late as specified in the contract, the Contractor shall, in
place of actual damages, pay to the DCPS liquidated damages of $__75.00 for the scheduled trip.
C.5.2.18The trip rate shall remain the same rate per category even if the trip runs over (per category and primary,
secondary, or tertiary contractor). The Contractor shall not charge DCPS extra for any reason. The events
duration cannot be determined definitively, and it cannot be determined if any delay may occur.
C.5.2.19 The Contractor shall ONLY dispatch buses to pick up DCPS student-athletes. No other type of vehicle
will be accepted, unless otherwise indicated by the Program or by Procurement.
C.5.2.20 Student-athletes and coaches must be allowed to shelter on the buses in the event of inclement weather.
No student-athlete or coach shall be left outside in the elements.
C.5.2.21 Buses shall always be equipped with operable air conditioning and heat. In the event that heat, or air
conditioning become inoperable during the course of the trip, the Contractor may not be held responsible.
However, the Contractor shall be held responsible for providing operable heat and air at the start of pickup
from the assigned school.
C.5.2.22 The District seeks the contractors to provide round trip transportation for sporting events for DCIAA for
grade levels listed in Section B.1.1.
C.5.2.23 Bus route times will vary by sport. While most sporting events take place after school, the transportation
pick up times for student -athletes may occur during the school hours. See grade l evel sporting events
schedule (Section J, J.11 thru J.14).
C.5.2.24 The District reserves the right to change or adjust the bus schedules/route times during the period of
performance.
C.5.2.25 The number of buses required per day shall not exceed:
a. The High School & Opportunity League transportation shall not require more than 26 buses per
day. If more buses are needed, the Contractor will be notified, in advance, by the Athletics
Department.
b. The Middle School, Education Campus (EC) (to include the ES level as well) & Adaptive Sports
transportation shall not require more than 26 buses per day. If more buses are needed, the
Contractors will be notified in advance by the Athletics Department.
c. The Elementary Schools (ES) (EC’s are NOT included) transportation shall not require more than
26 buses per day. If more buses are needed, the Contractor will be notified, in advance, by the
Athletics Department.
C.5.2.26 In the case of an outdoor events and inclement weather (lightening, emer gencies may be other than
weather), etc.), buses shall be prepared to return for immediate pick-up from event site(s).
C.5.2.27 The Contractor shall pick up students from different school locations, safely transport them to the
DCPS/DCIAA sporting events, drop them off at the various destinations, and provide return services from
the drop off locations back to the original pickup sites. Attachments J.11 thru J.14.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
14
C.5.2.28 DESIGNATED AREAS FOR PICK-UP: The District will provide the designated areas for each school.
C.5.2.29 Buses shall return to the destination location sites no less than 30 minutes before the scheduled pick-up
time.
C.5.2.30 ONLY the District has the right to add or remove trips, schools, sports, etc. The Contractor shall be able
to respond to these fluctuations. The Contractor shall submit a plan describing how they will respond to
these fluctuations. This plan shall be submitted as an attachment with the bid.
C.5.2.31 DCPS, OCA reserves the right to conduct inquiries and verify the contractors’ responsibility and
viability using Federal, State, Local, and private databases and resources.
C.5.2.32 The Contractor shall ensure that language about the expectation that copies of CDLs and driving records
are provided for all staff added to the roster throughout the term of the contract, that driver's will provide
their CDL for review upon request by the designated DCPS representative prior to trip departure, and that
the vendor will ensure compliance with all routine documentation requests within 24 hours (or next
business day).
SECTION D: PACKAGING AND MARKING [Not Applicable]
SECTION E: INSPECTION AND ACCEPTANCE
E.1 The inspection and acceptance requirements for this contract shall be governed by clause number six (6)
Inspection of Serviced of the Government of the District of Columbia's Standard Contract Provisions for
use with Supplies and Services Contracts, dated July 2010. (Attachment J.1)
SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES
F.1 TERM OF CONTRACT
The term of the contract will be from date of award thru September 30, 2023.
F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT
F.2.1 The District may extend the term of this contract for a period of four one-year option periods,
or successive fractions thereof, by written notice to the Contractor before the expiration of the
contract: provided that the District will give the Contractor preliminary written notice of its intent to
extend at least thirty (30) days before the contra ct expires. The preliminary notice does not commit the
District to an extension. The exercise of this option is subject to the availability of funds at the time of the
exercise of this option. The Contractor may waive the thirty (30) day preliminary notice requirement by
providing a written waiver to the Contracting Officer prior to expiration of the contract.
F.2.2 If the District exercises this option, the extended contract shall be considered to include this option
provision.
F.2.3 The price for the option period shall be as specified in the Section B of the contract.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
15
F.2.4 The total duration of this contract, including the exercise of any option under this clause, shall not exceed
5 years.
F.3 DELIVERABLES
The Contractor shall perform the activities required to successfully complete the District’s requirements
and submit each deliverable to the Contract Administrator identified in section G.9 in accordance with the
following:
Contract
Section
Deliverable
Quantity Format/Method of
Delivery
Due Date
C.1.15 Inoperable Vehicle 1 per occurrence Email As Occurs
C.4.2.13 Incident Report 12 Email As Needed
C.5.2.16 Back-Up Plan 1 Written plan attached
to the bid
attached with the Bid.
L.14 Certificate of Insurance 1 Form Attached with the Bid.
H.9.4.1 Sub-contracting Plan 1 Form Attached with the Bid.
B.1.12 Plan to address
fluctuations
1 Plan Attached with the Bid.
H.9.4.1 Compliance Quarterly
Report
1 Report One per quarter
F.3.1 The Contractor shall submit to the District, as a deliverable, the report described in section H.5.5 which is
required by the 51% District Residents New Hires Requirements and First Source Employment
Agreement. If the Contractor does not submit the report as part of the deliverables, the District will not
make final payment to the Contractor pursuant to section G.3.2.
SECTION G: CONTRACT ADMINISTRATION
G.1 INVOICE PAYMENT
G.1.1 The DCPS 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 DCPS will pay the Contractor on or before the 30 th 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 monthly or as otherwise specified in Section G.4.
G.2.3 To constitute a proper invoice, the Contrac tor shall enter all required information into the Portal after
selecting the applicable purchase order number which is listed on the Contractor’s profile.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
16
G.2.3.1 Contractor’s name, federal tax ID and invoice date (Contractors shall date invoices as of the date of
mailing or transmittal);
G.2.3.2 Contract number and invoice number;
G.2.3.3 Description, price, quantity, and the date(s) that the supplies or services were delivered or performed;
G.2.3.4 Other supporting documentation or information, as required by the Contracting Officer;
G.2.3.5 Name, title, telephone number and complete mailing address of the responsible official to whom payment
is to be sent;
G.2.3.6 Name, title, phone number of persons preparing the invoice;
G.2.3.7 Name, title, phone number and mailing address of person (if different from the person identified in G.2.2.6
above) to be notified in the event of a defective invoice; and
G.2.3.8 Authorized signature.
G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT
G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and First Source Employment
Agreement requirements, final request for payment must be accompanied by the report or a waiver of
compliance discussed in section H.5.5.
G.3.2 The District shall not make final payment to the Contractor until the agency CFO has received the CO’s
final determination or approval of waiver of the Contractor’s compliance with 51% District Residents
New Hires Requirements and First Source Employment Agreement requirements.
G.4 PAYMENT
G.4.1 RESERVED
G.4.2 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:
c) Payment will be made on completion and acceptance of each item for which the price is stated n the
Schedule in Section B.
d) Presentation of a properly executed invoice.
G.4.3 RESERVED
G.4.4 ORDERING CLAUSE
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
17
G.4.4.1 Any supplies and services to be furnished under this contract must be ordered by issuance of a Purchase(s)
Order by the CO. Such orders may be issued during the term of this contract.
G.4.4.2 All purchase orders are subject to the terms and conditions of this contract. In the event of a conflict
between a Purchase Order and this contract, the contract shall control.
G.4.4.3 If mailed, a Purchase Order is considered "issued" when the District deposits the order in the mail. Orders
may be issued by facsimile or by electronic commerce methods.
G.4.4.4 This is a Multiple IDIQ Contract with multiple contractors. There will be a minimum of one contract per
category.
G.4.4.5 Support Services provides for ad hoc, overflow, emergencies, play offs transportation services. The
Contract Administrator (CA) will have the discretion to place orders amongst contractors as needed.
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 required to prepare
invoices. Where such an assi gnment 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 CLAUSE
G.6.1 Interest Penalties to Contractors
G.6.1.1 The District will pay interest penalties on amounts due to the Contractor under the Quick Payment Act,
D.C. Official Code § 2-221.01 et seq., 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 1.5% per month. No interest penalty shall be paid if payment for the completed delivery of the item
of property or service is made on or before the required payment date. The required payment date shall
be:
G.6.1.1.1 The date on which payment is due under the terms of the contract.
G.6.1.1.2 not later than seven calendar days, excluding legal holidays, after the date of delivery of meat or meat
food products.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
18
G.6.1.1.3 not later than ten calendar days, excluding legal holidays, after the date of delivery of a perishable
agricultural commodity; or
G.6.1.1.4 Thirty calendar days, excluding legal holidays, after receipt of a proper invoice for the amount of the
payment due.
G.6.1.2 No interest penalty shall be due to the Contractor if payment for the completed delivery of goods or
services is made on or after:
G.6.1.2.1 Third day after the required payment date for meat or a meat food product.
G.6.1.2.2 Fifth day after the required payment date for an agricultural commodity; or
G.6.1.2.3 Fifteen days after any other required payment date.
G.6.1.3 Any amount of an interest penalty which remains unpaid at the end of any 30- day period shall be added
to the principal amount of the debt and thereafter interest penalties shall accrue on the added amount.
G.6.2 Payments to Subcontractors
G.6.2.1 The Contractor shall take one of the following actions within seven (7) days of receipt of any amount
paid to the Contractor by the District for work performed by any subcontractor under this contract:
a) Pay the subcontractor for the proportionate share of the total payment received from the District
that is attributable to the subcontractor for work performed under the contract; or
b) Notify the District and the subcontractor, 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 any subcontractor or supplier interest penalties on amounts due to the
subcontractor or supplier beginning on the day after the payment is due and ending on the date on which
the payment is made. Interest shall be calculated at the rate of 1.5% per month. No interest penalty shall
be paid on the following if payment for the completed delivery of the item of property or service is made
on or before:
a) the 3rd day after the required payment date for meat or a meat product;
b) the 5th day after the required payment date for an agricultural commodity; or
c) the 15th day after the required payment date for any other item.
G.6.2.3 Any amount of an interest penalty which remains unpaid by the Contractor at the end of any 30day 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 di spute 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 of Columbia is a party. The District of Columbia may not be
interpleaded in any judicial or administrative proceeding involving such a dispute.
G.6.3 Subcontract requirements
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
19
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.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:
Brenda Allen
Contracting Officer
District of Columbia Public Schools 1200 First Street NE
Washington, DC 20002
Phone: 202-251-2780
E-mail: brenda.allen@k12.dc.gov
G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER
G.8.1 The CO is the only person authorized to approve changes in any of the requirements of this contract.
G.8.2 The Contractor shall not comply with any order, directive or request that changes or modifies the
requirements of this contract, unless issued in writing and signed by the CO.
G.8.3 In the event the Contractor effects any change at the instruction or request of any person other than the
CO, the change will be considered to have been made without authority and no adjustment will be made
in the contract price to cover any cost increase incurred as a result thereof.
G.9 CONTRACT ADMINSTRATOR (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 responsibi lity of ensuring the work
conforms to the requirements of the contract and such other responsibilities and authorities as may be
specified in the contract. These include:
G.9.1.1 Keeping the CO fully informed of any technical or contractual difficulties encountered during the
performance period and advising the CO of any potential problem areas under the contract;
G.9.1.2Coordinating site entry for Contractor personnel, if applicable;
G.9.1.3Reviewing invoices for completed work and recommending approval by the CO if the Contractor’s costs
are consistent with the negotiated amounts and progress is satisfactory and commensurate with the rate
of expenditure.
G.9.1.4Reviewing 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.9.1.5Maintaining a file that includes all contract correspondence, modifications, records of inspections
(site, data, equipment) and invoice or vouchers.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
20
G.9.2 The address and contact information of the CA is:
Peggy Branch-McCaskill
Program Coordinator
DCIAA Athletics Department
District of Columbia Public Schools
3535 V Street, NE
Washington DC 20018
Telephone: (202) 729-3288 / Mobile: (202) 729-4379
E-mail: Peggy.Branch-McCaskill@dc.gov.
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 shall be fully responsible for any changes not authorized in advance, in writing, by the
CO; may be denied compensation or other relief for any additional work performed that is not so
authorized; and may also be required, at no additional c ost to the District, to take all corrective action
necessitated by reason of the unauthorized changes.
SECTION H: SPECIAL CONTRACT REQUIREMENTS
H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES
H.1.1 For all new employment resulting from this contract or subcontracts hereto, as defined in Mayor’s Order
83-265 and implementing instructions, the Contractor shall use its best efforts to comply with the
following basic goal and objectives for utilization of bona fide residents of the District of Columbia in
each project’s labor force:
H.1.1.1 At least fifty-one (51) percent of apprentices and trainees employed shall be residents of the District of
Columbia registered in programs approved by the District of Columbia Apprenticeship Council.
H.1.2 The Contractor shall negotiate an Employment Agreement with the Department of Employment Services
(DOES) for jobs created as a result of this contract. The DOES shall be the Contractor’s first source of
referral for qualified apprentices and trainees in th e implementation of employment goals contained in
this clause.
H.2 SERVICE CONTRACT ACT; DEPARTMENT OF LABOR WAGE AND FRINGE DETERM
INATIONS
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
21
The Contractor(s) shall be bound by the Wage Determination No.: 2020-0083, Revision No.: 27, dated
30/30/2023 (see Attachment J.2) and 48 CFR § 52 .2 22- 41 (see Attachment J.1 5). A contract issued
under this solicitation shall be subject to the federal Service Contract Act, 41 U.S.C. § 41- 351 et seq.
Under the Service Contract Act, the Contractor must pay its service employees working under the contract
no less than the monetary wages that the Department of Labor has determined to be prevailing in the
locality for the classification in which each employee is working; in addition, the Contractor must provide
its service employees working under the contract with the minimum fringe benefits determined by the
Department of Labor (the Department of Labor's current wage rate and fringe benefit determinations are
attached to this solicitation as Attachment J.2). The Contractor shall be bound by the wage rate and fringe
benefit determinations for the term of the contract, subject to the revisions described in this section and in
accordance with section 24 of the SCP. If an option to the contract is exercised, the Contractor shall be
bound by the applicable wage rate and fringe benefit determinations at the time of the option exercise. If
the option is exercised and the CO obtains a revised wage rate and/or fringe benefit determination, the
revised wage rate and/or fringe benefit determination shall be applicable for the option periods and the
Contractor may be entitled to an equitable adjustment.
H.2.1 In addition, if the Contractor provides services at a school that was, immediately prior to the Contractor's
contract, serviced by a workforce covered by a Collective Bargaining Agreement (CBA), the Contractor
must, for the first year of its contract, pay its service employees at that school the wage rates and fringe
benefits that the employees would have been entitled to, including prospective increases, under the
predecessor's collective bargaining agreement. This requirement applies irrespective of whether the
Contractor's employees were or were not employed by the predecessor contractor.
H.3 PREGNANT WORKERS FAIRNESS
H.3.1 The Contractor shall comply with the Protecting Pregnant Workers Fairness Act of 2016, D.C. Official
Code § 32-1231.01 et seq. (PPWF Act).
H.3.2 The Contractor shall not:
(a) Refuse to make reasonable accommodations to the known limitations related to pregnancy,
childbirth, related medical conditions, or breastfeeding for an employee, unless the Contractor can
demonstrate that the accommodation would impose an undue hardship;
(b) Take an adverse action against an employee who requests or uses a reasonable accommodation in
regard to the employee's conditions or privileges of employment, including failing to reinstate the
employee when the need for reasonable 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.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
22
(c) Deny employment opportunities to an employee, or a job applicant, if the denial is based on the
need of the employer to make reasonable accommodations to the known limitations related to
pregnancy, childbirth, related medical conditions, or breastfeeding;
(d) Require an employee affected by pregnancy, childbirth, related medical conditions, or
breastfeeding to accept an accommodation that the employee chooses not to accept if the employee
does not have a known limitation related to pregnancy, childbirth, related medical conditions, or
breastfeeding or the accommodation is not necessary for the employee to perform her duties;
(e) Require an employee to take leave if a reasonable accommodation can be provided; or
(f) Take adverse action against an employee who has been absent from work as a result of a
pregnancy-related condition, including a pre-birth complication.
H.3.3 The Contractor shall post and maintain in a conspicuous place a notice of rights in both English and
Spanish and provide written notice of an employee's right to a needed reasonable accommodation related
to pregnancy, childbirth, related medical conditions, or breastfeeding pursuant to the PPWF Act to:
(a) New employees at the commencement of employment.
(b) Existing employees; and
(c) An employee who notifies the employer of her pregnancy, or other condition covered by the
PPWF Act, within 10 days of the notification.
H.3.4 The Contractor shall provide an accurate written translation of the notice of rights to any non-English or
non-Spanish speaking employee.
H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.
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.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
23
H.4.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties as described in
the Act.
H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT
H.5.1 For contracts for services in the amount of $300,000 or more, the Contractor shall comply with the First
Source Employment Agreement Act of 1984, as amended, D.C. Official Code § 2219.01 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 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 CRIMINAL BACKGROUND AND TRAFFIC RECORDS CHECKS FOR
CONTRACTORS THAT PROVIDE DIRECT SERVICES TO CHILDREN OR YOUTH
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
24
H.6.1 A contractor that provides services as a covered child or youth services provider, as defined in section
202(3) of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004, effective April 13,
2005 (D.C. Law 15-353; D.C. Official Code § 4-1501.01 et seq.), as amended (in this section, the
“Act”), shall obtain criminal history records to investigate persons applying for employment, in either a
compensated or an unsupervised volunteer position, as well as its current employees and unsupervised
volunteers. The Contractor shall request criminal background checks and drug testing for the following
positions:
Bus Drives
H.6.2 The Contractor shall also obtain traffic records to investigate persons applying for employment, as well as
current employees and volunteers, when that person will be required to drive a motor vehicle to
transport children in the course of performing his or her duties. The Contractor shall request traffic
records for the following positions:
Bus Drivers
H.6.3 The Contractor shall inform all applicants requiring a criminal background check that a criminal
background check must be conducted on the applicant before the applicant may be offered a
compensated position or an unsupervised volunteer position.
H.6.4 The Contractor shall inform all applicants requiring a traffic records check that a traffic records check
must be conducted on the applicant before the applicant may be offered a compensated position or a
volunteer position.
H.6.5 The Contractor shall obtain from each applicant, employee and unsupervised volunteer:
(A) a written authorization which authorizes the District to conduct a criminal background check;
(B) a written confirmation stating that the Contractor has informed him or her that the District is
authorized to conduct a criminal background check;
(C) a signed affirmation stating whether or not they have been convicted of a crime, pleaded nolo
contendere, are on probation before judgment or placement of a case upon a stet docket, or have
been found not guilty by reason of insanity, for any sexual offenses or intra-family offenses in
the District or their equivalent in any other state or territory, or for any of the following felony
offenses or their equivalent in any other state or territory:
(i) Murder, attempted murder, manslaughter, or arson;
(ii) Assault, assault with a dangerous weapon, mayhem, malicious disfigurement
or threats to do bodily harm;
(iii) Burglary;
(iv) Robbery;
(v) Kidnapping;
(vi) Illegal use or possession of a firearm;
(vii) Sexual offenses, including indecent exposure; promoting, procuring,
compelling, soliciting, or engaging in prostitution; corrupting minors
(sexual relations with children); molesting; voyeurism; committing sex
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
25
acts in public; incest; rape; sexual assault; sexual battery; or sexual abuse;
but excluding sodomy between consenting adults;
(viii) Child abuse or cruelty to children; or
(ix) Unlawful distribution of or possession with intent to distribute a controlled
substance;
(D) a written acknowledgement stating that the Contractor has notified them that they are entitled to
receive a copy of the criminal background check and to challenge the accuracy and completeness
of the report; and
(E) a written acknowledgement stating that the Contractor has notified them that they may be denied
employment or a volunteer position or may be terminated as an employee or volunteer based on
the results of the criminal background check.
H.6.6 The Contractor shall inform each applicant, employee and unsupervised volunteer that a False statement
may subject them to criminal penalties.
H.6.7 Prior to requesting a criminal background check, the Contractor shall provide each applicant, employee,
or unsupervised volunteer with a form or forms to be utilized for the following purposes:
(A) To authorize the Metropolitan Police Department (MPD), or designee, to conduct the criminal
background check and confirm that the applicant, employee, or unsupervised volunteer has been
informed that the Contractor is authorized and required to conduct a criminal background check;
(B) To affirm whether or not the applicant, employee, or unsupervised volunteer has been convicted
of a crime, has pleaded nolo contendere, is on probation before judgment or placement of a case
upon a stet docket, or has been found not guilty by reason of insanity for any sexual offenses or
intra-family offenses in the District or their equivalent in any other state or territory of the United
States, or for any of the felony offenses described in paragraph H.6.5(C);
(C) To acknowledge that the applicant, employee, or unsupervised volunteer has been notified of his
or her right to obtain a copy of the criminal background check report and to challenge the
accuracy and completeness of the report;
(D) To acknowledge that the applicant may be denied employment, assignment to, or an
unsupervised volunteer position for which a criminal background check is required based on the
outcome of the criminal background check; and
(E) To inform the applicant or employee that a false statement on the form or forms may subject
them to criminal penalties pursuant to D.C. Official Code § 22-2405.
H.6.8 The Contractor shall direct the applicant or employee to complete the form or forms and notify the
applicant or employee when and where to report to be fingerprinted.
H.6.9 Unless otherwise provided herein, the Contractor shall request criminal background checks from the
Chief, MPD (or designee), who shall be responsible for conducting criminal background checks,
including fingerprinting.
H.6.10The Contractor shall request traffic record checks from the Director, Department of Motor Vehicles
(DMV) (or designee), who shall be responsible for conducting traffic record checks.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
26
H.6.11The Contractor shall provide copies of all criminal background and traffic check reports to the CA within
one business day of receipt.
H.6.12The Contractor shall pay for the costs for the criminal background and traffic record checks, pursuant to
the requirements set forth by the MPD and DMV. The District shall not make any separate payment for
the cost of criminal background and traffic record checks.
H.6.13The Contractor may make an offer of appointment to, or assign a current employee or applicant to, a
compensated position contingent upon receipt from the CO of the CA’s decision after his or her
assessment of the criminal background or traffic record check.
H.6.14The Contractor may not make an offer of appointment to an unsupervised volunteer whose position
brings him or her into direct contact with children until it receives from the contracting officer the CA’s
decision after his or her assessment of the criminal background or traffic record check.
H.6.15The Contractor shall not employ or permit to serve as an unsupervised volunteer an applicant or
employee who has been convicted of, has pleaded nolo contendere to, is on probation before judgment
or placement of a case on the stet docket because of or has been found not guilty by reason of insanity
for any sexual offenses involving a minor.
H.6.16 Unless otherwise specified herein, the Contractor shall conduct periodic criminal background checks
upon the exercise of each option year of this contract for current employees and unsupervised volunteer
in the positions listed in sections H.6.1 and H.6.2.
H.6.17An employee or unsupervised volunteer may be subject to administrative action including, but not
limited to, reassignment or termination at the discretion of the CA after his or her assessment of a
criminal background or traffic record check.
H.6.18The CA shall be solely responsible for assessing the information obtained from each criminal
background and traffic records check report to determine whether a final offer may be made to each
applicant or employee. The CA shall inform the CO of its decision, and the CO shall inform the
Contractor whether an offer may be made to each applicant.
H.6.19 If any application is denied because the CA determines that the applicant presents a present danger to
children or youth, the Contractor shall notify the applicant of such determination and inform the
applicant in writing that she or he may appeal the denial to the Commission on Human Rights within
thirty (30) days of the determination.
H.6.20 Criminal background and traffic record check reports obtained under this section shall be confidential
and are for the exclusive use of making employment-related determinations. The Contractor shall not
release or otherwise disclose the reports to any person, except as directed by the CO.
H.7 RESERVED
H.8 RESERVED
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
27
H.9 SUBCONTRACTING REQUIREMENTS
H.9.1 Mandatory Subcontracting Requirements
H.9.1.1 For all contracts in excess of $250,000, at least 35% of the dollar volume of the contract shall be
subcontracted to qualified small business enterprises (SBEs).
H.9.1.2 If there are insufficient SBEs to completely fulfill the requirement of paragraph H.9.1.1, then the
subcontracting may be satisfied by subcontracting 35% of the dollar volume to any qualified certified
business enterprises (CBEs); provided, however, that all reasonable efforts shall be made to ensure that
SBEs are significant participants in the overall subcontracting work.
H.9.1.3 A prime contractor that is certified by DSLBD as a small, local, or disadvantaged business enterprise
shall not be required to comply with the provisions of sections H.9.1.1 and H.9.1.2
H.9.1.4 Except as provided in H.9.1.5 and H.9.1.7, a prime contractor that is a CBE and has been granted a bid
preference pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside program, shall
perform at least 35% of the contracting effort with its own organization and resources and, if it
subcontracts, 35% of the subcontracting effort shall be with CBEs. A CBE prime contractor that
performs less than 35% of the contracting effort shall be subject to enforcement actions under D.C.
Official Code § 2-218.63.
H.9.1.5 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.9.1.6 Each CBE utilized to meet these subcontracting requirements shall perform at least 35% of its
contracting effort with its own organization and resources.
H.9.1.7 A prime contractor that is a CBE and has been granted a bid preference pursuant to D.C. Official Code
§ 2-218.43, or is selected through a set-aside program, shall perform at least 50% of the on-site work
with its own organization and resources if the contract is $1 million or less.
H.9.2 Subcontracting Plan
If the prime contractor is required to subcontract under this contract, it shall submit a subcontracting
plan as part of the bid, and it may only be amended after award with the prior written approval of the CO
and Director of DSLBD. Any reduction in the dollar volume of the subcontracted portion resulting from
an amendment of the plan after award shall insure to the benefit of the District.
Each subcontracting plan shall include the following:
(1) The name and address of each subcontractor.
(2) A current certification number of the small or certified business enterprise;
(3) The scope of work to be performed by each subcontractor; and
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
28
(4) The price that the prime contractor will pay each subcontractor.
H.9.3 Copies of Subcontracts
Within twenty-one (21) days of the date of award, the Contractor shall provide fully executed copies of
all subcontracts identified in the subcontracting plan to the CO, CA, District of Columbia Auditor and
the Director of DSLBD.
H.9.4 Subcontracting Plan Compliance Reporting
H.9.4.1 The Contractor shall submit a quarterly report to the CO, CA, District of Columbia Auditor and the
Director of DSLBD. The quarterly report shall include the following information for each subcontract
identified in the subcontracting plan:
(A) The price that the prime contractor will pay each subcontractor under the subcontract;
(B) A description of the goods procured, or the services subcontracted for;
(C) The amount paid by the prime contractor under the subcontract; and
(D) A copy of the fully executed subcontract, if it was not provided with an earlier quarterly report.
H.9.4.2 If the fully executed subcontract is not provided with the quarterly report, the prime contractor
will not receive credit toward its subcontracting requirements for that subcontract.
H.9.5 Annual Meetings
Upon at least 30-days written notice provided by DSLBD, the Contractor shall meet annually with the CO, CA,
District of Columbia Auditor and the Director of DSLBD to provide an update on its subcontracting
plan.
H.9.6 Notices
The Contractor shall provide written notice to the DSLBD and the District of Columbia Auditor upon
commencement of the contract and when the contract is completed.
H.9.7 Enforcement and Penalties for Breach of Subcontracting Plan
H.9.7.1 A contractor shall be deemed to have breached a subcontracting plan required by law, if the
contractor (i) fails to submit subcontracting plan monitoring or compliance reports or other required
subcontracting information in a reasonably timely manner; (ii) submits a monitoring or compliance
report or other required subcontracting information containing a materially false statement; or (iii) fails
to meet its subcontracting requirements.
H.9.7.2 A contractor that is found to have breached its subcontracting plan for utilization of CBEs in the
performance of a contract shall be subject to the imposition of penalties, including monetary fines in
accordance with D.C. Official Code § 2-218.63.
H.9.7.3 If the CO determines the Contractor’s failure to be a material breach of the contract, the CO shall have
cause to terminate the contract under the default provisions in clause 8 of the SCP, Default.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
29
H.10 FAIR CRIMINAL RECORD SCREENING
H.10.1 The Contractor shall comply with the provisions of the Fair Criminal Record Screening Amendment Act
of 2014, effective December 17, 2014 (D.C. Law 20-152) (“Act” as used in this section). This section
applies to any employment, including employment on a temporary or contractual basis, where the
physical location of the employment is in whole or substantial part within the District of Columbia.
H.10.2 Prior to making a conditional offer of employment, the Contractor shall not require an applicant for
employment, or a person who has requested consideration for employment by the Contractor, to reveal
or disclose an arrest or criminal accusation that is not then pending or did not result in a criminal
conviction.
H.10.3 After making a conditional offer of employment, the Contractor may require an applicant to disclose or
reveal a criminal conviction.
H.10.4 The Contractor may only withdraw a conditional offer of employment, or take adverse action against an
applicant, for a legitimate business reason as described in the Act.
H.10.5 This section and the provisions of the Act shall not apply:
(a) Where a federal or District law or regulation requires the consideration of an applicant’s
criminal history for the purposes of employment.
(b) To a position designated by the employer as part of a federal or District government
program or obligation that is designed to encourage the employment of those with criminal
histories;
(c) To any facility or employer that provides programs, services, or direct care to, children,
youth, or vulnerable adults; or
(d) To employers that employ less than 11 employees.
H.10.6 A person claiming to be aggrieved by a violation of the Act may file an administrative complaint with
the District of Columbia Office of Human Rights, and the Commission on Human Rights may impose
monetary penalties against the Contractor.
H.11 DISTRICT RESPONSIBILITIES
H.11.1 DCPS will provide background and fingerprinting services for all awarded Contractors.
H.11.2 DCPS will provide DCPS identification for each driver and aide.
H.11.3 DCPS will provide Supervisory staff for each trip.
H.11.4 DCPS will provide Sports Event Master Schedule to the Contractor to be updated weekly
against which work orders will be issued.
H.12 ADDITIONAL CONTRACTOR RESPONSIBILITIES - [RESERVED]
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
30
SECTION I: CONTRACT CLAUSES
I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS
The Standard Contract Provisions for use with District of Columbia Government Supplies and Services
Contracts dated July 2010 (SCP) are incorporated as part of the contract. To obtain a copy of the SCP
go to http://ocp.dc.gov, under Quick Links click on “Required Solicitation Documents”.
I.2 CONTRACTS THAT CROSS FISCAL YEARS
Continuation of this contract beyond the current fiscal year is contingent upon future fiscal
appropriations.
I.3 CONFIDENTIALITY OF INFORMATION
The Contractor shall keep all information relating to any employee or customer of the District in
absolute confidence and shall not use the information in connection with any other matters; nor shall it
disclose any such information to any other person, firm or corporation, in accordance with the District
and federal laws governing the confidentiality of records.
I.4 TIME
Time, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless otherwise
stated herein.
I.5 RIGHTS IN DATA
Delete clause 42, Rights in Data, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts and substitute the following clause
42, Rights in Data) in its place:
A. Definitions
1. “Products” - A deliverable under any contract that may include commodities, services and/or
technology furnished by or through Contractor, including existing and custom Products, such as,
but not limited to: a) recorded information, regardless of form or the media on which it may be
recorded; b) document research; c) experimental, developmental, or engineering work; d)
licensed software; e) components of the hardware environment; f) printed materials (including
but not limited to training manuals, system and user documentation, reports, drawings); g) third
party software; h) modifications, customizations, custom programs, program listings,
programming tools, data, modules, components; and i) any intellectual property embodied
therein, whether in tangible or intangible form, including but not limited to utilities, interfaces,
templates, subroutines, algorithms, formulas, source code, and object code.
2. “Existing Products” - Tangible Products and intangible licensed Products that exist prior to the
commencement of work under the contract. Existing Products must be identified on the Product
prior to commencement of work or else will be presumed to be Custom Products.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
31
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.
5. “Trip” - TRIP is defined as: a bus trip shall be defined as transporting one or more schools to a
destination and returning those same schools to their points of origin.
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.
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
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
32
1. For all computer software furnished to the District with the rights specified in section B.2, the
Contractor shall furnish to the District, a copy of the source code with such rights of the scope as
specified in section B.2 of this clause. For all computer software furnished to the District with
the restricted rights specified in section B.1 of this clause, the District, if the Contractor either
directly or through a successor or affiliate shall cease to provide the maintenance or warranty
services provided the District under the contract or any paid-up maintenance agreement, or if the
Contractor should be declared insolvent by a court of competent jurisdiction, shall have the right
to obtain, for its own and sole use only, a single copy of the current version of the source code
supplied under the contract, and a single copy of the documentation associated therewith, upon
payment to the person in control of the source code the reasonable cost of making each copy.
2. If the Contractor or Product manufacturer/developer of software furnished to the District with the
rights specified in section B.1 of this clause offers the source code or source code escrow to any
other commercial customers, the Contractor shall either: (1) provide the District with the source
code for the Product; (2) place the source code in a third party escrow arrangement with a
designated escrow agent who shall be named and identified to the District, and who shall be
directed to release the deposited source code in accordance with a standard escrow arrangement
acceptable to the District; or (3) will certify to the District that the Product manufacturer/
developer has named the District as a named beneficiary of an established escrow arrangement
with its designated escrow agent who shall be named and identified to the District, and who shall
be directed to release the deposited source code in accordance with the terms of escrow.
3. The Contractor shall update the source code, as well as any corrections or enhancements to the
source code, for each new release of the Product in the same manner as provided above and
certify such updating of escrow to the District in writing.
F. Indemnification and Limitation of Liability
The Contractor shall indemnify and save and hold harmless the District, its officers, agents and
employees acting within the scope of their official duties against any liability, including costs
and expenses, (i) for violation of proprietary rights, copyrights, or rights of privacy, arising out
of the publication, translation, reproduction, delivery, performance, use or disposition of any data
furnished under this contract, or (ii) based upon any data furnished under this contract, or based
upon libelous or other unlawful matter contained in such data.
I.6 OTHER CONTRACTORS
The Contractor shall not commit or permit any act that will interfere with the performance of work by
another District contractor or by any District employee.
I.7 SUBCONTRACTS
The Contractor hereunder shall not subcontract any of the Contractor’s work or services to any
subcontractor without the prior written consent of the CO. Any work or service so subcontracted shall
be performed pursuant to a subcontract agreement, which the District will have the right to review and
approve prior to its execution by the Contractor. Any such subcontract shall specify that the Contractor
and the subcontractor shall be subject to every provision of this contract. Notwithstanding any such
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
33
subcontract approved by the District, the Contractor shall remain liable to the District for all Contractor's
work and services required hereunder.
I.8 INSURANCE
A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and maintain, during
the entire period of performance under this contract, the types of insurance specified below. The
Contractor shall have its insurance broker or insurance company submit a Certificate of Insurance to the
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. All insurance
shall be written with financially responsible companies authorized to do business in the District of
Columbia or in the jurisdiction where the work is to be performed and have an A.M. Best Company
rating of A- / VII or higher. Should the Contractor decide to engage a subcontractor for segments of the
work under this contract and wish to propose different insurance requirements than outlined below, then,
prior to commencement of work by the subcontractor, the Contractor shall submit in writing the name
and brief description of work to be performed by the subcontractor on the Subcontractors Insurance
Requirement Template provided by the CA, to the Office of Risk Management (ORM). ORM will
determine the insurance requirements applicable to the subcontractor and promptly deliver such
requirements in writing to the Contractor and the CA. The Contractor must provide proof of the
subcontractor's required insurance prior to commencement of work by the subcontractor. If the
Contractor decides to engage a subcontractor without requesting from ORM specific insurance
requirements for the subcontractor, such subcontractor shall have the same insurance requirements as the
Contractor.
General liability, commercial auto, workers' compensation, and property insurance policies (if applicable
to this agreement) shall contain a waiver of subrogation provision in favor of the Government of the
District of Columbia.
The Government of the District of Columbia shall be included in all policies required hereunder to be
maintained by the Contractor and its subcontractors (except for workers’ compensation and professional
liability insurance) as an additional insureds for claims against The Government of the District of
Columbia relating to this contract, with the understanding that any affirmative obligation imposed upon
the insured Contractor or its subcontractors (including without limitation the liability to pay premiums)
shall be the sole obligation of the Contractor or its subcontractors, and not the additional insured. The
additional insured status under the Contractor’s and its subcontractors’ Commercial General Liability
insurance policies shall be affected using the ISO Additional Insured Endorsement form CG 20 10 11 85
(or CG 20 10 07 04 and CG 20 37 07 04) or such other endorsement or combination of endorsements
providing coverage at least as broad and approved by the CO in writing. All of the Contractor’s and its
subcontractors’ liability policies (except for workers’ compensation and professional liability insurance)
shall be endorsed using ISO form CG 20 01 04 13 or its equivalent so as to indicate that such policies
provide primary coverage (without any right of contribution by any other insurance, reinsurance or self-
insurance, including any deductible or retention, maintained by an Additional Insured) for all claims
against the additional insured arising out of the performance of this Statement of Work by the Contractor
or its subcontractors, or anyone for whom the Contractor or its subcontractors may be liable. These
policies shall include a separation of insureds clause applicable to the additional insured.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
34
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,
including ongoing and completed operations under all subcontracts, and covering claims for
bodily injury, including without limitation sickness, disease or death of any persons, injury to or
destruction of property, including loss of use resulting therefrom, personal and advertising
injury, and including coverage for liability arising out of an Insured Contract (including the tort
liability of another assumed in a contract) and acts of terrorism (whether caused by a foreign or
domestic source). Such coverage shall have limits of liability of not less than $1,000,000 each
occurrence, a $2,000,000 general aggregate (including a per location or per project aggregate
limit endorsement, if applicable) limit, a $1,000,000 personal and advertising injury limit, and a
$2,000,000 products-completed operations aggregate limit.
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).
DCPS should collect, review for accuracy, and maintain all warranties for goods and services.
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, with minimum per accident limits equal to the greater of (i) the limits set forth in the
Contractor’s commercial automobile liability policy or (ii) $1,000,000 per occurrence combined
single limit for bodily injury and property damage.
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.
All insurance required by this paragraph 3 shall include a waiver of subrogation endorsement for
the benefit of Government of the District of Columbia.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
35
4. Cyber Liability Insurance - The Contractor shall provide evidence satisfactory to the Contracting
Officer of Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or
claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and
obligations as is undertaken by Contractor in this agreement and shall include, but not limited to,
claims involving infringement of intellectual property, including but not limited to infringement
of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to
or destruction of electronic information, release of private information, alteration of electronic
information, extortion and network security. The policy shall provide coverage for breach
response costs as well as regulatory fines and penalties as well as credit monitoring expenses
with limits sufficient to respond to these obligations. Limits may not be shared with other lines
of coverage. A copy of the cyber liability policy must be submitted to the Office of Risk
Management (ORM) for compliance review.
5. Sexual/Physical Abuse & Molestation -The Contractor shall provide evidence satisfactory to the
Contracting Officer with respect to the services performed that it carries $1,000,000 per
occurrence limits; $2,000,000 aggregate of affirmative abuse and molestation liability coverage.
Coverage should include physical abuse, such as sexual or other bodily harm and non-physical
abuse, such as verbal, emotional or mental abuse; any actual, threatened or alleged act; errors,
omission or misconduct. This insurance requirement will be considered met if the general
liability insurance includes an affirmative sexual abuse and molestation endorsement for the
required amounts. So called “silent” coverage or “shared” limits under a commercial general
liability or professional liability policy will not be acceptable. Limits may not be shared with
other lines of coverage. The applicable policy may need to be submitted to the Office of Risk
Management (ORM) for compliance review
Commercial Umbrella or Excess Liability - The Contractor shall provide evidence satisfactory to
the CO of commercial umbrella or excess liability insurance with minimum limits equal to the
greater of (i) the limits set forth in the Contractor’s umbrella or excess liability policy or (ii)
$10,000,000 per occurrence and $10,000,000 in the annual aggregate, following the form and in
excess of all liability policies. All liability coverages must be scheduled under the umbrella
and/or excess policy. The insurance required under this paragraph shall be written in a form that
annually reinstates all required limits. Coverage shall be primary to any insurance, self-insurance
or reinsurance maintained by the District and the “other insurance” provision must be amended
in accordance with this requirement and principles of vertical exhaustion.
C. 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.
D. DURATION. The Contractor shall carry all required insurance until all contract work is accepted by 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.
E. LIABILITY. These are the required minimum insurance requirements established by the District of
Columbia. However, the required minimum insurance requirements provided above will not in any way
limit the contractor’s liability under this contract.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
36
F. 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 District of Columbia.
G. MEASURE OF PAYMENT. The District shall not make any separate measure or payment for the cost
of insurance and bonds. The Contractor shall include all of the costs of insurance and bonds in the
contract price.
H. 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 coverage and / or limit changes or if the policy is
canceled prior to the expiration date shown on the certificate. 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.
I. CERTIFICATES OF INSURANCE. The Contractor shall submit certificates of insurance giving
evidence of the required coverage as specified in this section prior to commencing work. Certificates of
insurance must reference the corresponding contract number. Evidence of insurance shall be submitted
to:
The Government of the District of Columbia
And mailed to the attention of:
LaVeta Hilton
Deputy Chief Procurement Officer
District of Columbia Public Schools 1200 First Street NE
Washington, DC 20002
Phone: 202-631-3605
E-mail: LaVeta.Hilton@k12.dc.gov
The CO may request, and the Contractor shall promptly deliver updated certificates of insurance,
endorsements indicating the required coverages, and/or certified copies of the insurance policies. If the
insurance initially obtained by the Contractor expires prior to completion of the contract, renewal
certificates of insurance and additional insured and other endorsements shall be furnished to the CO
prior to the date of expiration of all such initial 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).
J. DISCLOSURE OF INFORMATION. The Contractor agrees that the District may disclose the name
and contact information of its insurers to any third party which presents a claim against the District 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.
K. 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 the equivalent by any other rating agency) and licensed in the District.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
37
I.9 EQUAL EMPLOYMENT OPPORTUNITY
In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order 8585 dated
June 10, 1985, the forms for completion of the Equal Employment Opportunity Information Report are
incorporated herein as Section J.3. An award cannot be made to any bidder who has not satisfied the
equal employment requirements.
I.10 ORDER OF PRECEDENCE
The contract awarded as a result of this IFB will contain the following clause:
A conflict in language shall be resolved by giving precedence to the document in the highest order of
priority that contains language addressing the issue in question. The following documents are
incorporated into the contract by reference and made a part of the contract in the following order of
precedence:
(1) An applicable Court Order, if any
(2) Contract document
(3) Standard Contract Provisions
(4) Contract attachments other than the Standard Contract Provisions
(5) IFB, as amended
(6) Bid
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
(iii)The Contractor’s request for relief or other action by the CO.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
38
(2) The CO may meet with the Contractor in a further attempt to resolve the claim by agreement.
(3) The CO shall issue a decision on any claim within 120 calendar days after receipt of the
claim. Whenever possible, the CO shall take into account factors such as the size and
complexity of the claim and the adequacy of the information in support of the claim provided
by the Contractor.
(4) The CO’s written decision shall do the following:
(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(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:
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
39
(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings of fact, although
specific findings of fact are not required and, if made, shall not be binding in any
subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine the amount of monetary
settlement, the contract adjustment to be made, or other relief to be granted;
(vi) Indicate that the written document is the CO’s final decision; and
(vii) Inform the Contractor of the right to seek further redress by appealing the decision to the
Contract Appeals Board.
(3) The CO shall support the decision by reasons and shall inform the Contractor of its rights as
provided herein.
(4) Before or after issuing the decision, the CO may meet with the Contractor to attempt to
resolve the claim by agreement.
(5) The authority contained in this paragraph (b) shall not apply to a claim or dispute for penalties
or forfeitures prescribed by statute or regulation which another District agency is specifically
authorized to administer, settle or determine.
(6) This paragraph shall not authorize the CO to settle, compromise, pay, or otherwise adjust any
claim involving fraud.
(c) Decisions of the CO shall be final and not subject to review unless the Contractor
timely commences an administrative appeal for review of the decision, by filing a
complaint with the Contract Appeals Board, as authorized by D.C. Official Code §
2-360.04.
(d) Pending final decision of an appeal, action, or final settlement, the Contractor shall
proceed diligently with performance of the contract in accordance with the decision
of the CO.
I.12 COST AND PRICING DATA -- NOT APPLICABLE
Cost and Pricing Data, of the Standard Contract Provisions dated July 2010 for use with District of
Columbia Government Supplies and Services Contracts.
I.13 CONTINUITY OF SERVICES
I.13.1 The Contractor recognizes that the services provided under this contract are vital to the District and must
be continued without interruption and that, upon contract expiration or termination, a successor, either
the District or another contractor, at the District’s option, may continue to provide these services. To
that end, the Contractor agrees to:
I.13.1.1 Furnish phase-out, phase-in (transition) training; and
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
40
I.13.1.2 Exercise its best efforts and cooperation to affect an orderly and efficient transition to a successor.
I.13.2The Contractor shall, upon the CO’s written notice:
I.13.2.1 Furnish phase-in, phase-out services for up to 90 days after this contract expires and
I.13.2.2 Negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-
out services required. The plan shall specify a training program and a date for transferring
responsibilities for each division of work described in the plan and shall be subject to the CO’s approval.
I.13.3 The Contractor shall provide enough experienced personnel during the phase-in, phase-out period to
ensure that the services called for by this contract are maintained at the required level of proficiency.
I.13.4 The Contractor shall allow as many personnel as practicable to remain on the job to help the successor
maintain the continuity and consistency of the services required by this contract. The Contractor also
shall disclose necessary personnel records and allow the successor to conduct onsite interviews with
these employees. If selected employees are agreeable to the change, the Contractor shall release them at
a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.
I.13.5 Only in accordance with a modification issued by the Contracting Officer, the Contractor shall be
reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after
contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro
rata portion of the fee (profit) under this contract.
I.14 CHANGES:
(a) The CO may, at any time, by written order, and without notice to the surety, if any, make
changes in the contract within the general scope hereof. If such change causes an increase or
decrease in the cost of performance of the contract, or in the time required for performance, an
equitable adjustment shall be made. Any claim for adjustment for a change within the general
scope must be asserted within ten (10) days from the date the change is ordered; provided,
however, that the CO, if he or she determines that the facts justify such action, may receive,
consider and adjust any such claim asserted at any time prior to the date of final settlement of the
contract. If the parties fail to agree upon the adjustment to be made, the dispute shall be
determined as provided in clause 14 Disputes.
(b) The District shall not require the Contractor, and the Contractor shall not require a subcontractor,
to undertake any work that is beyond the original scope of the contract or subcontract, including
work under a District-issued change order, when the additional work increases the contract price
beyond the not-to-exceed price or negotiated maximum price of this contract, unless the CO:
(1) Agrees with Contractor, and if applicable, the subcontractor on a price for the
additional work;
(2) Obtains a certification of funding to pay for the additional work;
(3) Makes a written, binding commitment with the Contractor to pay for the additional
work within 30-days after the Contractor submits a proper invoice; and
(4) Provides the Contractor with written notice of the funding certification.
(c) The Contractor shall include in its subcontracts a clause that requires the Contractor to:
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
41
(1) Within 5 business days of its receipt of notice the approved additional funding,
provide the subcontractor with notice of the amount to be paid to the subcontractor for
the additional work to be performed by the subcontractor.
(2) Pay the subcontractor any undisputed amount to which the subcontractor is entitled
for the additional work within 10 days of receipt of payment from the District: and
(3) Notify the subcontractor and CO in writing of the reason the Contractor withholds any
payment from a subcontractor for the additional work.
(d) Neither the District, Contractor, nor any subcontractor may declare another party to be in default,
or assess, claim, or pursue damages for delays, until the parties to agree on a price for the
additional work.
I.13 NON-DISCRIMINATION CLAUSE
Delete clause 19, Non-Discrimination Clause, of the Standard Contract Provisions dated July 2010 for
use with District of Columbia Government Supplies and Services Contracts and substitute the following
clause 19, Non-Discrimination Clause, in its place:
19. Non-Discrimination Clause:
(a) The Contractor shall not discriminate in any manner against any employee or applicant for
employment that would constitute a violation of the District of Columbia Human Rights Act,
effective December 13, 1977, as amended (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et
seq.) (“Act”, as used in this clause). The Contractor shall include a similar clause in all
subcontracts, except subcontracts for standard commercial supplies or raw materials. In addition,
the Contractor agrees, and any subcontractor shall agree, to post in conspicuous places, available
to employees and applicants for employment, a notice setting forth the provisions of this non-
discrimination clause as provided in section 251 of the Act.
(a) Pursuant to Mayor’s Order 85-85, (6/10/85), Mayor’s Order 2002-175 (10/23/02), Mayor’s
Order 2011-155 (9/9/11) and the rules of the Office of Human Rights, Chapter 11 of Title 4 of
the D.C. Municipal Regulations, the following clauses apply to the contract:
(1) The Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived: race, color, religion, national
origin, sex, age, marital status, personal appearance, sexual orientation,
gender identity or expression, family responsibilities, genetic information,
disability, matriculation, political affiliation, or credit information. Sexual
harassment is a form of sex discrimination which is prohibited by the Act.
In addition, harassment based on any of the above protected categories is
prohibited by the Act.
(2) The Contractor agrees to take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without
regard to their actual or perceived: race, color, religion, national origin, sex,
age, marital status, personal appearance, sexual orientation, gender identity
or expression, family responsibilities, genetic information, disability,
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
42
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 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
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
43
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.
SECTION J: ATTACHMENTS
The following list of attachments is incorporated into the solicitation by reference.
GAGA-2023-C-0042B DCIAA Student Athletics Transportation
44
Attachmen
t Number
Document
To Be
Submitted
with Bid
J.1
Government of the District of Columbia Standard Contract Provisions for
Use with the Supplies and Services Contracts (July 2010),
available at www.ocp.dc.gov click on “Solicitation Attachments”
No
J.2
U.S. Department of Labor Wage Determination No.: 2020-0083
Revision No.: 25, Date of Revision: 12/27/2022
No
J.3
Office of Local Business Development Equal Employment Opportunity
Information Report and Mayor’s Order 85-85
available at www.ocp.dc.gov click on “Solicitation Attachments”
Yes
J.4 Department of Employment Services First Source Employment Agreement,
available at http://ocp.dc.gov, under Quick Links, click on “Required
Solicitation Documents.”
Yes
J.5
Way to Work Amendment Act of 2006 - Living Wage Notice available at
http://ocp.dc.gov, under Quick Links click on “Required Solicitation
Documents”
No
J.6
Way to Work Amendment Act of 2006 - Living Wage Fact Sheet available
at http://ocp.dc.gov, under Quick Links click on “Required Solicitation
Documents”
No
J.7
Tax Certification Affidavit available at http://ocp.dc.gov, under Quick Links
click on “Required Solicitation Documents”
Yes
J.8 Bidder/Offeror Certification Form available at http://ocp.dc.gov, under
Quick Links click on “Required Solicitation Documents”
Yes
J.9 Subcontracting Plan (if required by law) available at http://ocp.dc.gov, under
Quick Links click on “Required Solicitation Documents”
Yes
J.10 2121-2122 School Year Calendar No
J.11 Category A – High Schools Sports and Opportunity League No
J.12 Category B – Middle Schools, Education Campuses, and Adaptive Sports No
J.13 Category C – Elementary Schools Sports (No EC) No
J.14 Attachment J.14 -- Combined List of All Grades Schools No
J.15 48 CFR § 52 .2 22-41-Service Contract Act Labor Standards No