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MURIELBOWSERMAYOR
June 11,2025
HonorablePhilMendelson
Chairman
CounciloftheDistrictofColumbia
JohnA.WilsonBuilding
1350PennsylvaniaAvenue,NW,Suite504
Washington,DC 20004
Dear Chairman Mendelson:
Pursuantto section451 of the Districtof Columbia Home Rule Act (D.C. OfficialCode § 1-
204.51)and section202 of theProcurement PracticesReform Act of 2010 (D.C. OfficialCode §
2-352.02),enclosedforconsiderationand approvalby theCouncilof theDistrictof Columbia is
proposed ModificationNo 4 to ContractNo. GAGA-2024-C-0038A with Miles Away Charter,
LLC, to exerciseoption year two in the not-to-exceedamount of $4,377,600. The periodof
performanceisfrom October 1,2025, throughSeptember 30,2026.
Under the proposed modification,Miles Away Charter,LLC willcontinueto providestudent
schoolbus transportationservicestoDistrictof Columbia PublicSchools(“DCPS”).
My administrationisavailabletodiscussanyquestionsyoumayhaveregardingtheproposed
contractmodification.Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasehaveyourstaffcontactLaVetaHilton,DeputyChiefProcurementOfficer,DCPS,at(202)442-5136.
LookforwardtotheCouncil’sfavorableconsiderationofthiscontractmodification
Sincerely,
M@riel Bpwser
GOVERNMENT OF THE DISTRICT OF COLUMBIA
District of Columbia Public Schools
Pursuant to section 202(c-3) of the Procurement Practices Reform Act of 2010, as amended,
D.C. Official Code § 2-352.02(c-3), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Standard and Option Year)
(A) Contract Number: GAGA-2024-C-0038A
Proposed Contractor: Miles Away Charter, LLC
Contract Amount Not to Exceed (NTE) $4,377,600.00
Term of Contract: October 01, 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 Amount: NTE $626,400.00
Option Year One Amount: NTE $799,200.00
Explanation of the difference from the base period (if applicable): The contract
amount varies depending on the number of schools and the students enrolled.
Option Year Two Amount: NTE $4,377,600.00
Explanation of difference from the base period (if applicable): The contract amount
varies depending on the number of schools and the number of students enrolled.
Additional schools are undergoing modernization, and there is a need for additional buses
to accommodate the resulting increase in student transportation.
GAGA-2024-C-0038A
Council Summary
2
In the prior fiscal year, this requirement was met through the issuance of two separate
contracts: GAGA-2024-C-0038A and GAGA-2024-C-0038B. For the upcoming option
period, the program elected to consolidate all services under a single contract, GAGA-
2024-C-0038A.
This decision was made based on several performance and compliance concerns related
to the contractor awarded GAGA-2024-C-0038B. Specifically, the vendor providing
services via GAGA-2024-C-0038B proposed less competitive pricing and failed to meet
the District’s Department of Small and Local Business Development sub-contracting
requirements, as this contractor is not a Certified Business Enterprise (CBE). DCPS also
conducted several conversations and email correspondences with the vendor,
documenting prior issues with the vendor’s continued inability to maintain a valid
Certificate of Insurance (COI) and Clean Hands Certificate under GAGA-2024-C-0038B.
Additionally, there were operational deficiencies observed that included repeated
invoicing discrepancies, delays in submission of monthly ridership reports, untimely bus
arrivals, failure to adequately notify the District of bus shortages, slow response times to
communications, and overall concerns regarding vehicle reliability. These factors
collectively informed the decision to consolidate the requirement under a single, more
compliant, and reliable contractor.
Option Year Three Amount: TBD
Explanation of difference from the base period (if applicable):
Option Year Four Amount: TBD
Explanation of difference from the base period (if applicable):
(C) The goods or services to be provided, the methods of delivering goods or services,
and any significant program changes reflected in the proposed Contract:
The contractor will provide DCPS swing space bus transportation services.
(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
November 08, 2023, and posted on the DCPS website with one amendment. The
solicitation closed on November 17, 2023, and DCPS received two bids. After a review
of the bids offered and the bidder’s past performance, the contracting officer determined
Miles Away Charter, LLC's offer of $64,800.00, the minimum to $626,400.00, the
maximum, was the lowest-priced offer and deemed the offer acceptable.
GAGA-2024-C-0038A
Council Summary
3
(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:
Miles Away Charter, LLC has previously provided student transportation services to
DCPS. Based on past performance with the agency, the contractor has the necessary
organization, experience, accounting and operational controls, technical skills, ability to
obtain, and a satisfactory record of integrity and business ethics.
(G) A summary of the subcontracting plan required under section 2346 of the Small,
Local, and Disadvantaged Business Enterprise Development and Assistance Act of
2005, as amended, D.C. Official Code § 2-218.01 et seq. (“Act”), including a
certification that the subcontracting plan meets the minimum requirements of the
Act and the dollar volume of the portion of the Contract to be subcontracted,
expressed both in total dollars and as a percentage of the total contract amount:
Miles Away Charter, LLC. 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:
Miles Away Charter, LLC.’s performance will be regularly and routinely monitored by
DCPS. The expected outcome of the proposed contract is for Miles Away Charter, LLC,
to provide DCPS with swing space 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:
GAGA-2024-C-0038A
Council Summary
4
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. Miles Away Charter, LLC.
has no known pending legal claims against the District.
(L) A certification that the Citywide Clean Hands database indicates that the proposed
contractor is current with its District taxes. If the Citywide Clean Hands Database
indicates that the proposed contractor is not current with its District taxes, either (1)
a certification that the contractor has worked out and is current with a payment
schedule approved by the District or (2) a certification that the contractor will be
current with its District taxes after the District recovers any outstanding debt as
provided under D.C. Official Code § 2-353.01(b):
According to the Citywide Clean Hands Database, the contractor is current with its
District taxes. The Certificate of Clean Hands dated May 19, 2025 is attached.
(M) A certification from the proposed contractor that it is current with its federal taxes
or has worked out and is current with a payment schedule approved by the federal
government:
Based on the information provided in the Bidder Offeror Certification form, Miles Away
Charter, LLC. 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.:
Miles Away Charter, LLC. is a certified business enterprise in the District of Columbia.
(O) Other aspects of the proposed Contract that the Chief Procurement Officer
considers significant:
None
(P) A statement indicating whether the proposed contractor is currently debarred from
providing services or goods to the district or federal government, the dates of the
debarment, and the reasons for debarment:
GAGA-2024-C-0038A
Council Summary
5
Miles Away Charter, LLC. is not on the Federal Excluded Parties List or the Office of
Contracts and Procurement Excluded Parties List, accessed on March 19, 2025; therefore,
the contractor 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: May 19, 2025 L0014206438Notice Number:
FEIN: **-***2520
Case ID: 18586688
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
MILES AWAY CHARTER LLC
316 F ST NE STE 122
WASHINGTON DC 20002-4934
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: Eunice Stefan, Financial Operations, Core
2. Office/School: OOO
3. FY26 Funding Certification Date(s): 10/1/2025‐9/30 /2026
4. Summary of Proposed Procurement: Swing Space Transportation (capital funding)
5. If contract has been awarded:
• Contractor: Miles Away Charter, LLC
• Co
ntract Number: GAGA‐2024‐C‐0038‐A
• RK N
umber: N/A
• PO Number: N/A
• FY
26 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
AM0 FY26 TBD TBD TBD TBD
$4,377,600.00
GA0 FY26 1010001 7132001 400254 40078 0 0 $519,235.50
Total $4,377,600.00
.
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
5/16/25
400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General
ATTORNEY GENERAL
BRIAN L. SCHWALB
Commercial Division
MEMORANDUM
TO: Tomás Talamante
Director
Office of Policy and Legislative Affairs
FROM: Robert Schildkraut
Section Chief
Government Contracts Section
DATE: May 23, 2025
SUBJECT: Approval of Contract Action for DCPS School Bus Transportation
Contract Number: GAGA-2024-C-0038A, Option Period Two
Contractor: Miles Away Charter, LLC
Proposed Contract Amount: Estimated NTE $4,377,600.00
___________________________________________________________________________
This is to Certify that this Office has reviewed the above-referenced Contract and that we have
found it to be legally sufficient. If you have any questions in this regard, please do not hesitate to
call me at (202) 724-4018.
______________________________
Robert Schildkraut
GOVERNMENT OF THE DISTRICT OF COLUMBIA
BILATERAL MODIFICATION
Page No. 1 of 1 Page(s)
1. CONTRACT NO/TASK ORDER
GAGA-2024-C-0038A
2. CONTRACT DATE:
December 30, 2023
3. MODIFICATION NO
01
4. MODIFICATION DATE:
See Block 12
5. CAPTION: Swing Space Transportation Services
6. ISSUED TO: (Contractor)
Miles Away Charter, LLC
316 F Street, Suite 122
Washington DC 20002
Office: (202) 791-0312 Fax: (301) 843-3194
Cell: 443-220-9452
7. ISSUING OFFICE:
District of Columbia Public Schools (DCPS)
Office 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 Operations
Pursuant to Section 15 of the Government of the District of Columbia Standard Contract Provisions for
use with District of Columbia Government Supplies and Services contracts dated July 2010 and 27
DCMR, Section 3601.2, the contract is modified as follows:
A- This modification adds an additional drop-off site for the Oyster Adams Campus aftercare program to
the contract.
The additional drop-off site will cost $40.00 a day for eleven school days. The total cost is $440.00
($40.00 x 11 = $440.00), and the cost is included in the existing purchase order (PO702642).
B- The period of services for the additional drop-off site is September 16, 2024, through September 30,
2024. The full POP for the entire contract period remains December 30, 2023, through September 30,
2024.
All other terms and conditions of the contract remain unchanged.
10. AMOUNT OF MODIFICATION: $0.00 CURRENT VALUE OF CONTRACT: $626,400.00
CURRENT COMPLETION DATE: September 30, 2024
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
9/16/2024
LaVeta Hilton
9/16/2024
GOVERNMENT OFTHEDISTRICTOFCOLUMBIA
<a BLLATERAL MODIFICATION—|—| PageNo,1of2Pages)
1.CONTRACTNOMTASKORDER| 2.CONTRACTDATE| 3.MODIFICATIONNO “4:MODIFICATIONDATE:
GAGA-2024-C-0038A. December30,2023 02 SeeBlock12
5.CAPTION:SwingSpaceTransportationServices
6.ISSUEDTO:(Contractor) 7ISSUINGOFFICE:
MilesAwayCharter,LLC. DistrictofColumbiaPublicSchools(DCPS)
316FStreet,Suite122 OfficeFiscalStrategy,ContractsandAcquisitionsDivision‘WashingionDC20002 1200FirstSirectNB,Suite9*Floor(Office:(202)791-0312Fax:(301)843-3194 ‘Washington,DC20002Cell:443-220-9452
8,PROGRAMOFFICE:DistrictofColumbiaPublicSchools(DCPS),OfficeofChiefOperatingOfficer
PursuanttoSection15oftheGovernmentoftheDistrictofColumbiaStandardContractProvisionsforusewithDistrictofColumbiaGovernmentSuppliesandScrvicescontractsdatedJuly2010and27DCMR,Section3601.2,thecontractismodiliedasfollows:
‘A.InaccordancewiththeprovisionsoftheContractinF.2entitled“OptionToExtendTheTermOfTheContract,”theDistrict‘ofColumbiaPublicSchools(DCPS)isexercisingoptionyearoneintheamountof$799,200.00,
a) Delete
B.4.2OptionYearOne:October01,2024,thruSeptember30,2025
MorningPointA $370.00 90 $33,300.00 1335 $493,950.00
1001| toPointBtrip
‘AfterioonPoint&1002| sopointatrip $370.00 90 $33,300.00 1338 $493,950.00
GrandTotal $66,600.00 ‘$987,900.00
‘MaximumFotalPrice:
MorningPointA $370.00 90 $33,300.00 1080 $399,600.00
1001| toPointBtrip
Afternoon Point B1002| (oereane $370.00 90 $33,300.00 1080| $399,600.00
GrandTotal $66,600.00 ‘$799,200.00
‘steaeeeaaeteneeeeee®IntentionallyLeftBlankS OOHOhttteneeneeaaeeeiieninin
B.The periodof performanceisfromOctober1, 2024,throughSeptember30,2025
Allothertermsandconditionsofthecontractremainunchanged.
10,AMOUNTOFMODIFICATION: $799,200.00 (CURRENTVALULOFCONTRACT: ‘$799,200.00
fi Repesematvety
12,ACCEPTANCEBYTHEGOVERNMENTOFTHEDISTRICTOFCOLUMBIA
, Nene:_LaVetaHilton 9/24/2024Laveta Nebton ars ‘Officer oo
Sioa ~Sesmesotfist £2Castile Coan 7D agAary‘peas aur
GOVERNMENT OF THE DISTRICT OF COLUMBIA
BILATERAL MODIFICATION
Page No. 1 of 1 Page(s)
1. CONTRACT NO/TASK ORDER
GAGA-2024-C-0038A
2. CONTRACT DATE:
October 01, 2024
3. MODIFICATION NO
03
4. MODIFICATION DATE:
See Block 12
5. CAPTION: Swing Space Transportation Services
6. ISSUED TO: (Contractor)
Miles Away Charter, LLC
316 F Street, Suite 122
Washington DC 20002
Office: (202) 791-0312 Fax: (301) 843-3194
Cell: 443-220-9452
7. ISSUING OFFICE:
District of Columbia Public Schools (DCPS)
Office 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 Chief Operati ng Officer
Pursuant to Section 15 of the Government of the District of Columbia Standard Contract Provisions for use with District
of Columbia Government Supplies and Services contracts dated July 2010 and 27 DCMR, Section 3601.2, the contract
is modified as follows:
A. This modification reduces the number of buses and updates the living wage language in the contract
a) According to the ridership data from October 01, 2024, to December 31, 2024, DCPS only needs five buses in the
morning and five in the afternoon for the total number of buses allocated to Truesdell Elementary School.
b) The total number of buses allocated to Truesdell Elementary School is reduced from 2 to 0 buses in the morning
and afternoon
c) In accordance with section 38(d) of the Standard Contract Provisions (Way to Work Amendment Act of 2006),
Effective on January 1, 2025, until June 30, 2025, the District’s living wage rate is $17.5 per hour. Effective July
1, 2025, the District’s Minimum Wage and Living Wage will increase to $18.00 per hour.
i) The Living Wage Act Notice for 2025 is attached and hereby incorporated in the contract as Attachment A.
ii) The Living Wage Act Fact Sheet for 2025 is attached and hereby incorporated in the contract as Attachment
B
B. The period of performance for the option year one remains from October 1, 2024, through September 30, 2025
All other terms and conditions of the contract remain unchanged.
10. AMOUNT OF MODIFICATION: $00,00 CURRENT VALUE OF CONTRACT: $799,200.00
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
DC0233/97
1/30/2025
Tabitha Woods Jackson
02.21.25
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-2024-C-0038A
2. CONTRACT DATE:
October 01, 2024
3. MODIFICATION NO
04
4. MODIFICATION DATE:
See Block 12
5. CAPTION: Swing Space Transportation Services
6. ISSUED TO: (Contractor)
Miles Away Charter, LLC
316 F Street, Suite 122
Washington DC 20002
Office: (202) 791-0312 Fax: (301) 843-3194
Cell: 443-220-9452
7. ISSUING OFFICE:
District of Columbia Public Schools (DCPS)
Office 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 Operations
9. ACTION: Change Exercise of Option Economic Price Adjustment Other
Pursuant to Section 15 of the Government of the District of Columbia Standard Contract Provisions for use
with District of Columbia Government Supplies and Services contracts dated July 2010 and 27 DCMR,
Section 3601.2, the contract is modified as follows:
A. This modification adds funds to the contract to cover the increase in student enrollment numbers. It also
exercises the option year two.
a) Delete
B.4.3 Option Year Two: October 01, 2025, through September 30, 2026
Item No.
(CLIN) Item Description
Price per unit Minimu
m
Quantity
Minimum
Total Price
Maximum
Quantity
Maximum Total
Price
(Per trip cost)
2001 Morning Point A
to Point B trip $380.00 90 $34,200.00 1335 $507,300.00
2002 Afternoon Point
B to Point A trip $380.00 90 $34,200.00 1335 $507,300.00
Grand Total $ 68,400.00 NTE $1,014,600.00
b) Replace with
B.4.3 Option Year Two: October 01, 2025, through September 30, 2026
Item No.
(CLIN) Item Description
Price per unit Minimu
m
Quantity
Minimum
Total Price
Maximum
Quantity
Maximum Total
Price
(Per trip cost)
2001 Morning Point A
to Point B trip $380.00 90 $34,200.00 5760 $2,188,800.00
2002 Afternoon Point
B to Point A trip $380.00 90 $34,200.00 5760 $2,188,800.00
Grand Total $ 68,400.00 NTE $4,377,600.00
c) The total amount of this option year two increased from Not to Exceed (NTE)$1,014,600.00 by
$3,363,000.00 to NTE $4,377,600.00.
d) 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 two in the amount
of NTE $4,377,600.00
B. The period of performance is from October 1, 2025, through September 30, 2026
All other terms and conditions of the contract remain unchanged.
10. AMOUNT OF MODIFICATION: $3,363,000.00 CURRENT VALUE OF CONTRACT: NTE $4,377,600.00
CURRENT COMPLETION DATE: September 30, 2026
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
DC0233/97
5/22/2025
=
Proposals (RFP)
SOLICITATION, OFFER, AND AWARD 1. Caption Page 1 of 40 Pages
* * * Government of the District of Columbia Swing Space Transportations 1 I 40
2. Contract Number
GAGA-2024-C-0038-A
3. Solicitation Number
GAGA-2024-I-0038
4. Type of Solicitation
X I Sealed Bid (IFB)
I
Sealed
I Other
5. Date Issued
November 09,
2023
6. Type of Market
X I
Open
I
Set Aside
Open with Sub-
Contracting Set Aside
7. Issued By:
District of Columbia Public Schools (DCPS)
Office of Contracts and Acquisitions
1200 First Street N.E., 9th floor
Washington, D.C. 20002
NOTE: In sealed bid solicitations, "offer" and offeror" means "bid" and "bidder."
I 8. Address Offer to:
dcpsoca.inquiries@k12.dc.gov.
SOLICITATION
9. Sealed offers must be submitted electronically via email at: dcpsoca.inquiries@k12.dc.gov No later than 1:00 pm EST Wednesday, November 15, 2023.
CAUTION: Late Submissions, Modifications, and Withdrawals: See 27 DCMR chapters 15 & 16 as applicable. All offers are subject to all terms & conditions contained in this
solicitation.
10. For
Information
Contact
A. Name
Yawovi Klouvi Phone
B. Telephone Number
202.
770.6117
11. Table of Contents
C. E-mail Address
yawovi.klouvi@dc.gov
(X) Section Description Page (X) Section Description Page
PART I- THE SCHEDULE PART II- CONTRACT CLAUSES
X A
Solicitation/Contract
Form 01 X Contract Clauses 25-39
Supplies or Services and
X B Price/Cost
Specifications/Work
02-8 PART Ill- LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
X C Statement 8-14 X List of Attachments 40
X D Packaging and Marking 14
Inspection and
X Acceptance 14
Deliveries or
PART IV- REPRESENTATIONS AND INSTRUCTIONS
Representations, Certifications, and Other
X Performance
Contract Administration
X G Data
Special Contract
X H Requirements
14-15
15-19
19-25
X
X
X M
OFFER
Statements of Offerors
Instr
uctions, Conditions & Notices to Offerors
Evaluation Factors for Award
12. The undersigned agrees, if this offer is accepted within 30 calendar days from the date for receipt of offers specified above, to furnish any and all items upon which prices are
1offered at the price set opposite each item, delivered at the designated point(s), within the time specified herein.
�3. Discount for Prompt Payment I Calendar days% I 20 Calendar days% 30 Calendar days% I Calendar days%
4. Acknowledgement of Amendments (The Amendment Number(s) Date Amendment Number Date
offeror acknowledges receipt of
r
amendments to the SOLICITATION):
15A. Name and Address of Offeror
15B. Telephone
Miles Away Charter, LLC
316 F Street NE #122
Washington DC, 20002
15 C. Check if remittance
16. Name and Title of Person Authorized to Sign Offer/Contract
Vanessa Fulcher Owner
17. Signature
(Area Code)
202
(Number)
991-0312
(Ext) □ address is different from above
- Refer to Section G
AWARD (TO BE COMPLETED BY GOVERNMENT)
19. Accepted as to Items numbered
CLINS 001 and 002
22. Name of Contracting Officer (Type or Print)
Laveta Hilton
20. Amount
$626,400.00
Laveta Hilton
21 Accounting and Appropriation Data
23. Sign Columbia) 24. Award Date
12/30/2023
*Includes NTP signed 12-1-23
I
SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST
B.1 The District of Columbia Public School (DCPS), Office of Fiscal Strategy, Contracts &
Acquisitions Division, on behalf of the Office of Chief Operating Officer (District) is seeking
Contractor(s) to provide transportation services for select DCPS sites that are undergoing
renovations or facility modernizations that result in a temporary displacement of students and
staff from the home school. The students will be transported between the home school
(traditional site) and the temporary school (swing site) at the beginning and end of each
instructional day.
B.1.1 Individual school schedules and calendars may differ, meaning that all school drop-off/pick-up
times should be verified with the Contract Administrator before services are rendered under this
contract.
B.1.2 The bus schedules may be subject to change or adjustment during the period of performance.
B.1.3 The bus schedules for each option period will be published annually prior to the task order
award.
B.1.4 Each bus route consists of morning and afternoon trips, which are based on the individual school
schedules.
B.2 The District contemplates a multiple award of Indefinite Delivery Indefinite Quantity (IDIQ)
Contract(s) in accordance with 27 DCMR Chapter 24
B.3 INDEFINITE DELIVERY-INDEFINITE QUANTITY (IDIQ) CONTRACT
This is an IDIQ contract for the supplies or services specified and effective for the period stated.
a) Delivery or performance shall be made only as authorized by orders issued in accordance
with the Ordering Clause, Section G.4.4. The Contractor shall furnish to the District, when
and if ordered, the services specified in the Schedule up to and including the maximum
quantity of 2670 trips from Point A to Point B (CLIN 1 &2) for the base period and for
each option year. The District will order at least the minimum quantity of 180 trips from
Point A to Point B for the base period and for each option year.
b) There is no limit on the number of orders that may be issued within the minimum and
maximum quantity. The district may issue orders requiring delivery to multiple destinations
or perform 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, 2028
3
B.4 PRICE SCHEDULE
B.4.1 Base Year: December 01, 2023, thru September 30, 2024
Item
No.
(CLIN)
Item Description
Price per
unit
(Per trip
cost)
Minimum
Quantity
Minimum
Total Price
Maximum
Quantity
Maximum
Total Price
001 Morning Point A
to Point B trip
$ 360.00
90
$32,400.00
870
$313,200.00
002 Afternoon Point B
to Point A trip $360.00 90 $32,400.00 870
$313,200.00
Grand Total $64,800.00 I $626,400.00
B.4.2 Option Year One: October 01, 2024, thru September 30, 2025
Item
No.
(CLIN)
Item Description
Price per
unit
(Per trip
cost)
Minimum
Quantity
Minimum
Total Price
Maximum
Quantity
Maximum
Total Price
1001 Morning Point A
to Point B trip $370.00 90 $33,300.00 1335 $493,950.00
1002 Afternoon Point
B to Point A trip $370.00 90 $33,300.00 1335 $493,950.00
Grand Total $66,600.00 $987,900.00
B.4.3 Option Year Two: October 01, 2025, through September 30, 2026
Item
No.
(CLIN)
Item Description
Price per
unit
(Per trip
cost)
Minimum
Quantity
Minimum
Total Price
Maximum
Quantity
Maximum
Total Price
2001 Morning Point A
to Point B trip $380.00 90 $34,200.00 1335 $507,300.00
2002 Afternoon Point
B to Point A trip $380.00 90 $34,200.00 1335 $507,300.00
Grand Total $68,400.00 I $1,014,600.00
B.4.4 Option Year Three: October 01, 2026, through September 30, 2027
4
Item
No.
(CLIN)
Item Description
Price per
unit
(Per trip
cost)
Minimum
Quantity
Minimum
Total Price
Maximum
Quantity
Maximum
Total Price
3001 Morning Point A
to Point B trip $390.00 90 $35,100.00 1335 $520,650.00
3002 Afternoon Point
B to Point A trip $390.00 90 $35,100.00 1335 $520,650.00
Grand Total $70,200.00 I $1,041,300.00
B.4.5 Option Year Four: October 01, 2027, through September 30, 2028
Item
No.
(CLIN)
Item Description
Price per unit
(Per trip
cost)
Minimum
Quantity
Minimum
Total Price
Maximum
Quantity
Maximum
Total Price
4001 Morning Point A
to Point B trip $395.00 90 $35,550.00 1335 $527,325.00
4002 Afternoon Point
B to Point A trip $ 395.00 90 $35,550.00 1335 $527,325.00
Grand Total $71,100.00 I $1,054,650.00
B.5 ANTICIPATED SCHEDULE
B.5.1 The District contemplates the award of an Indefinite Delivery, Indefinite Quantity type (ID/IQ)
contract to be awarded by Contract Line- Item Number/Component with switches in schools
annually.
B.5.2 The District will update and publish the anticipated schedule every Summer prior to the exercise
of every Option year of the contract.
B.5.3 The number of buses is subject to change based on the student's roster.
THIS SPACE IS INTENTIONALLY LEFT BLANK
B.5.4 Oyster-Adams Bilingual School to Meyer School
Component Item Description Projected Number
of Buses
1 Morning and afternoon schedule is subject to change Trip 1
Arrive: 8:00 am
Depart: 8:10am
Pick Up: Oyster-Adams Bilingual School
Address: 2801 Calvert St. NW
Drop off: Meyer School
Address: 2501 11th Street, NW
1
Trip 1
Arrive: 8:00 am
Depart: 8:10am
Pick Up: Adams Campus
Address: 2020 19th Street, NW
Drop off: Meyer School
Address: 2501 11th Street, NW
Morning Trip 2 Arrive: 8:10am
Depart: 8:20am
Pick Up: Oyster-Adams Bilingual School
Address: 2801 Calvert St. NW 1
Drop off: Meyer School
Address: 2501 11th Street, NW
Morning Trip 2 Arrive: 8:10am
Depart: 8:20am
Pick Up: Adams Campus
Address: 2020 19th Street, NW
Drop off: Meyer School
Address: 2501 11th Street, NW Street, NW
Morning Trip 3 Arrive: 8:20am
Depart: 8:30am
Pick Up: Oyster-Adams Bilingual School
Address: 2801 Calvert St. NW
Drop off: Meyer School
Address: 250 l 11th Street, NW
Morning Trip 3 Arrive: 8:20am
Depart: 8:30am
Pick Up: Adams Campus
Address: 2020 19th Street, NW
Drop off: Meyer School
Address: 250 l 11th Street, NW Street, NW
6
1
2
2
2
Morning Trip 3 Arrive: 8:30am
Depart: 8:40am
Pick Up: Oyster-Adams Bilingual School
Address: 2801 Calvert St. NW
Drop off: Meyer School
Address: 2501 11th Street, NW
1
Morning Trip 3 Arrive: 8:30am
Depart: 8:40am
Pick Up: Adams Campus
Address: 2020 19th Street, NW
Drop off: Meyer School
Address: 2501 11th Street, NW Street, NW
1
Afternoon Trip l Arrive: 3:15pm
Depart: 3:25pm
Pick Up: Meyer School
Address: 2501 11th Street, NW
Drop off: Oyster-Adams Bilingual School
Address: 2801 Calvert St. NW
1
Afternoon Trip l Arrive: 3:15pm
Depart: 3:25pm
Pick Up: Meyer School
Address: 2501 11th Street, NW
Drop off: Adams Bilingual School
Address: 2020 19th Street, NW
1
Afternoon Trip 2 Arrive: 3:30pm
Depart: 3:40 pm
Pick Up: Meyer School
Address: 2501 11th Street, NW
Drop off: Oyster-Adams Bilingual School
Address: 2801 Calvert St. NW
1
2
Afternoon Trip 2 Arrive: 3:30pm
Depart: 3:40pm
Pick Up: Meyer School
Address: 2501 11th Street, NW
Drop off: Adams Campus
Address: 2020 19th Street, NW
1
7
B.5.5 Truesdell Elementary School to Sharpe Health
Component Item Description Projected Number
of Buses
Morning Trip 1
Arrive: 8:00 am 2
Depart: 8:10 am
Pick Up: Truesdell ES
Address: 800 Ingraham St. NW
Drop off: Sharpe Health
Address: 4300 13th St NW
Morning Trip 2 2
Arrive: 8:15 am
Depart: 8:25 am
2 Pick Up: Truesdell ES
Address: 800 Ingraham St. NW
Drop off: Sharpe Health
Address: 4300 13th St NW
3
Morning Trip 3
Arrive: 8:25 am
Depart: 8:30 am
Pick Up: Truesdell ES
Address: 800 Ingraham St. NW
Drop off: Sharpe Health
Address: 4300 13th St NW
1
Afternoon Trip 1 2
Arrive: 3:15 pm
Depart: 3:25 pm
Pick Up: Sharpe Health
Address: 800 Ingraham St. NW
Drop off: Truesdell ES
Address: 800 Ingraham St. NW
Afternoon Trip 2 2
Arrive: 3:30 pm
Depart: 3:40pm
Pick Up: Sharpe Health
Drop off: Truesdell ES
Afternoon Trip 3
Arrive: 5:30 pm
Depart: 5:40pm
Pick Up: Sharpe Health
Drop off: Truesdell ES
B.6 A bidder responding to this solicitation is required to subcontract. The subcontracting plan shall
be submitted with its bid, any subcontracting plan required by law. Bids responding to this IFB
shall be deemed nonresponsive and shall be rejected if the bidder fails to submit a subcontracting
plan that is required by law.
8
For contracts more than $250,000, at least 35% of the dollar volume of the contract shall be
subcontracted in accordance with section H.9.1.
A Subcontracting Plan form is available at http://ocp.dc.gov; under Quick Links, click on
"Required Solicitation Documents.
SECTION C: SPECIFICATIONS/WORK STATEMENT
C.1 SCOPE:
C.1.1 Swing transportation is provided to ensure that students have a safe and secure mode of
transportation daily for the duration of the facility renovation or modernization. It is also
provided to ensure the least disruption to the school day as possible. The transportation services
provided are for students exclusively; however, DCPS staff are eligible to ride when necessary.
Early Childhood Education level students must be transported under the requirements set forth in
the DC Municipal Regulations (DCMR), National Highway Traffic Safety Administration
(NHTSA), and DCPS' Transportation Guidance. Therefore, child safety restraints must be
provided for students PS-4 years old.
C.1.2 The contractor shall transport ECE-level students based on the requirements set forth in the DC
Municipal Regulations (DCMR), National Highway Traffic Safety Administration (NHTSA),
and DCPS' Transportation Guidance.
C.1.3 The contractor shall provide prompt transportation services for all trips.
C.1.4 The contractor shall provide daily transportation services to the participating schools and
transport them safely from the home/traditional site to the temporary/swing site and return
services from the temporary/swing site back to the home/traditional site.
C.1.5 The contractor shall ensure all drivers and attendants visibly display DCPS identification to be
provided by DCPS.
C.1.6 The contractor shall ensure all students are seated prior to driving.
C.1.7 The contractor shall adjust the schedule for inclement weather that results in a two-hour delay or
early dismissal/closing.
C.1.8 The contractor shall provide a driver and bus attendant on all buses and for every trip.
C.1.9 The contractor shall provide all management, supervision, personnel (including bus attendants),
equipment, vehicles, fuel, vehicle maintenance, material, and supplies required to perform the
services required under this contract.
C.1.10 The Contractor shall ensure that every bus driver and attendant (Aide) has successfully cleared the
DC MPD designee (DCPS, Office of Compliance) and F.B.I. background investigation prior to
providing service under this contract.
C.1.11 The Contractor shall provide buses with seatbelts for up to 60 passengers (public transit type).
9
C.1.12 The Contractor shall display its name on the exterior of each vehicle. Additionally, each vehicle
shall:
C.1.12.1 Have fire extinguishers approved by the Washington Metropolitan Area Transit Commission.
C.1.12.2 Have a first aid kit of appropriate size and capacity.
C.1.12.3 Have a seating capacity for a minimum of 45 passengers, up to 60 passengers.
C.1.12.4 Have a two-way radio or another communication device that facilitates communication
between the drivers and a supervisor/dispatcher.
C.1.12.5 Perform preventive and corrective maintenance on all vehicles used in the performance of this
contract and
C.1.12.6 The Contractor shall ensure that vehicles used in the performance of this contract are inspected
annually.
C.1.13 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. All the contractors' employees shall comply with all rules ofDCPS for
neatness and courtesy.
C.1.14 The Contractor and its employees shall comply with all waged and hours of employment
requirements of Federal and State Law and the Service Contract Act. The Contract 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 with the Fair Labor Standards Act, as amended, and any other applicable
statutes (details in Section H.2).
C.1.15 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 any disruption in the required
service. Any occurrence of such a breakdown shall be reported immediately to the Contract
Administrator.
C.1.16 The Contractor shall submit in writing a backup plan that would prevent a disruption in services
if any of the buses to be used in the performance of this contract is /becomes inoperable upon
award of the contract.
C.1.17 The Contractor shall demonstrate the capability and capacity to meet every requirement outlined
in Section B and Section C of this contract.
10
C.2 APPLICABLE DOCUMENTS
The following documents are applicable to this procurement:
Item No. Document Type Title
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 IFB, have the following meanings:
C.3.1 Alcohol - the intoxicating agent in a liquid form that may be in a constituent of wine, beer,
spirits, other drinks, and/or beverages
C.3.2 Emergency - an act or circumstance that is usually serious, unexpected, and or a dangerous
situation that requires immediate action and is usually beyond the direct control of the
stakeholders involved.
C.3.3 Motor Vehicle Operator - trained personnel that have passed a background check and has
primary responsibility for the operation of the student transport by way of the allowable vehicle
and other pieces of work-related equipment used for the transport of the student to and from their
designated education program and their home. This is also known as the "driver" of the vehicle.
C.3.4 Vehicle Attendant (Aide)- personnel that has passed a suitability investigation to provide
personalized services to work with children and assist students. Attendants shall provide aide and
support services to all students who may require direct supervision.
C.3.5 Background Check (suitability investigation) - An investigation or reference check that
serves as verification of a person's criminal record, motor vehicle violations, education,
employment history, and all other activities that have occurred in the past in an effort to
confirm their validity determination conducted by personnel staff to determine that
personnel comply with local laws (District of Columbia) and, if applicable Federal laws and
guidelines to provide services to students.
C.3.6 Contract Administrator (CA) - The designated DCPS representative responsible for
ensuring that the work of the contractor conforms to the requirements of the contract and for
advising the Contracting Officer (CO) accordingly.
C.4 BACKGROUND
The District of Columbia Public Schools (DCPS) Office of the Chief Operating Officer (OCOO)
has been providing transportation services for select DC Public Schools (DCPS) that are
undergoing renovations or facility modernizations on an ongoing basis. The facility renovations
and modernizations are temporary projects; when one facility is complete, DCPS will likely
begin a new project, which results in an extended need for swing transportation services.
11
C.4.1 Swing transportation is provided to ensure that students have a safe and secure mode of
transportation daily for the duration of the facility renovation or modernization. It is also provided
to ensure the least disruption to the school day as possible.
C.5 REQUIREMENTS
C.5.1 DRIVER/ATTENDANT REQUIREMENTS:
C.5.1.1 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 in the
business of transporting persons through the Washington Metropolitan Area.
C.5.1.2 The contractor shall ensure that every driver meets the following requirements prior to
providing services under the contract:
C.5.1.2.1 Possess a current and valid Commercial Driver's License (CDL) with the appropriate
endorsements.
C.5.1.2.2 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.5.1.2.3 Obtain and maintain a valid School Bus Operator's License (SBOL) issued by the District of
Columbia, Department of Motor Vehicles.
C.5.1.2.4 Must have successfully passed a police officer 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 ordistribution).
C.5.1.2.5 The Police and FBI Background Investigation Checks, as specified above in the section, shall
be processed. The Contractor is responsible for ensuring all Contractors and Sub- contractors
undergo the DCPS background check procedures and drug testing. As mandated by the Child
and Youth, Safety and Health Omnibus Amendment Act of2004 (CYSHA), DCPS has
implemented a Mandatory Drug and Alcohol Testing (MDAT) Program. Under CYSHA, all
individuals in "safety-sensitive" positions - those with a significant degree of contact with
students - must be subject to drug and alcohol testing.
C.5.1.2.6 All drivers/attendants must be at least 18 years of age.
C.5.1.2.7 Have successfully completed a defensive drive training course and provide a copy of the
certification of successful completion to the DCPS DOT.
C.5.1.2.8 Obtain and maintain Cardiopulmonary Resuscitation (CPR)/First Aid Certification.
12
C.5.1.2.9 Be free from communicable diseases and physically able to perform the duties prescribed in
the contract.
C.5.1.2.10 The Contractor shall ensure that its staff has passed a Tuberculosis (TB) test administered by
a licensed physician.
C.5.1.2.11 The Contractor shall ensure that its staff has taken the COVID-19 vaccinations and
recommended booster in an effort to be in compliance with the mandate set forth by the District
government.
C.5.1.2.12 The Contractor shall provide documentation on request to demonstrate compliance with
vaccination requirements.
C.5.1.2.13 The Contractor shall ensure that it follows all CDC guidance, DOH guidance, and other
health regulations as may be required by DCPS.
C.5.1.2.14 Have their operating credentials and license with them while performing under this contract.
C.5.1.2.15 Follow the traffic laws of any jurisdiction in which they drive while in the performance of the
contract
C.5.1.2.16 Assume full responsibility for the safe, proper, and on-time operation of the vehicle that is
assigned to him/her.
C.5.2.17 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.5.1.2.18 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.5.1.2.19 Contractor shall provide all necessary training to ensure that all vehicle drivers and attendants
have a full understanding of and are in compliance with vehicle safety and disciplinary rules
C.5.2 OPERATIONS/VEHICLE REQUIREMENTS
C.5.2.1 The contractor shall transport ECE-level students based on the requirements set forth in the DC
Municipal Regulations (DCMR), National Highway Traffic Safety Administration (NHTSA),
and DCPS' Transportation Guidance.
C.5.2.2 The contractor shall provide prompt transportation services for all trips.
C.5.2.3 The contractor shall provide daily transportation services to the participating schools and
transport them safely from the home/traditional site to the temporary/swing site and return
services from the temporary/swing site back to the home/traditional site.
C.5.2.4 The contractor shall ensure all drivers and attendants visibly display DCPS identification to be
provided by DCPS.
C.5.2.5 The contractor shall ensure all students are seated prior to driving.
13
C.5.2.6 The contractor shall adjust the schedule for inclement weather that results in a two-hour delay or
early dismissal/closing.
C.5.2.7 The contractor shall provide a driver and bus attendant on all buses and for every trip.
C.5.2.8 The contractor shall provide all management, supervision, personnel (including bus attendants),
equipment, vehicles, fuel, vehicle maintenance, material, and supplies required to perform the
services required under this contract.
C.5.2.9 The Contractor shall ensure that every bus driver and attendant (Aide) has successfully cleared
the DC MPD designee (DCPS, Office of Compliance) and F.B.I. background investigation prior
to providing service under this contract
C.5.2.10 The Contractor shall provide buses with seatbelts for up to 60 passengers (public transit type).
C.5.2.11 The Contractor shall display its name on the exterior of each vehicle. Additionally, each
vehicle shall:
C.5.2.11.1 Have fire extinguishers approved by the Washington Metropolitan Area Transit Commission.
C.5.2.11.2 Have a first aid kit of appropriate size and capacity.
C.5.2.11.3 Have a seating capacity for a minimum of 45 passengers, up to 60 passengers.
C.5.2.11.4 Have a two-way radio or other communication device that facilitates communication between
the drivers and a supervisor/dispatcher.
C.5.2.11.5 Perform preventive and corrective maintenance on all vehicles used in the performance of
this contract and
C.5.2.11.6 The Contractor shall ensure that vehicles used in the performance of this contract are
inspected annually.
C.5.2.12 The Contractor shall designate an employee to serve as a Dispatcher who shall work with the
CA on a day-to-day basis. The Contractor shall ensure that each driver has a valid driver's
license in his or her possession while operating a vehicle. The driver's license shall be
appropriate for the type of vehicle being driven.
C.5.2.13 The Contractor shall ensure that this information is immediately reported to DCPS CA and
shall submit, in writing, an Incident Report to the CA within twenty-four (24) hours of the
accident.
C.5.2.14 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 any disruption in the
required service. Any occurrence of such a breakdown shall be reported immediately to the
Contract Administrator.
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C.5.2.15 The Contractor shall submit in writing a backup plan that would prevent a disruption in
services if any of the buses to be used in the performance of this contract is/becomes
inoperable upon award of the contract.
C.5.2.16 The Contractor shall demonstrate the capability and capacity to meet every requirement
outlined in Section B and Section C of this contract.
C.5.2.17 The Contractor shall ensure that if a Driver experiences an emergency, such as a vehicle
breakdown or accident, he/she shall notify their Dispatcher immediately, who will immediately
notify the CA.
C.5.2.18 The Contractor shall ensure that all daily pick-up and drop-off points are in proximity to
where the child resides and where he/she must be transported.
SECTION D: PACKAGING AND MARKING
RESERVE
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 Services of the Government of the District of Columbia's Standard Contract
Provisions for use with Supplies and Services Contracts, dated July 2010. (Attachment J.1)
SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES
F.1 TERM OF CONTRACT
The terms of the contract shall be from December 1, 2023, to September 30, 2024.
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 30 days before the contract expires. The preliminary notice does not
commit the district to an extension. The exercise of this option is subject to the availability of
funds at the time of the exercise of this option. The Contractor may waive the 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
prov1s1on.
F.2.3 The price for the option period(s) shall be as specified in Section B of the contract.
F.2.4 The total duration of this contract, including the exercise of any options under this clause, shall
not exceed five years.
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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.5.2.14 Inoperable/Breakdown
Vehicle Incidents
1 per occurrence Email As Needed
Ridership Report Monthly Email
With
Invoice
F.3.1 The Contractor shall submit to the District, as a deliverable, the report described in section H.5.5,
which is required by the 51% District Residents New Hires Requirements and First Source
Employment Agreement. If the Contractor does not submit the report as part of the deliverables,
the District shall not make final payment to the Contractor pursuant to section G.3.2.
G.1 INVOICE PAYMENT
G.1.1 The District will make payments to the Contractor, upon the submission of proper invoices, at
the prices stipulated in this contract, for supplies delivered and accepted or services performed
and accepted, less any discounts, allowances, or adjustments provided for in this contract.
G.1.2 The District will pay the Contractor on or before the 30th day after receiving a proper invoice
from the Contractor.
G.2 INVOICE SUBMITTAL
G.2 INVOICE SUBMITTAL (electronic)
G.2.1 The Contractor shall create and submit applications for payment electronically through the DC
Vendor Portal, https://vendorportal.dc.g
G.2.2 Unless otherwise specified in the Contract, the Contractor shall submit proper invoices monthly.
G.2.3 To constitute a proper invoice, the Contractor shall enter all required information into the Portal
after selecting the applicable purchase order number listed on the Contractor's profile.
G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT
G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and First Source
Employment Agreement requirements, the final request for payment must be accompanied by the
report or a waiver of compliance discussed in section H.5.5.
G.3.2 The District shall not make final payment to the Contractor until the agency CFO has received
the CO's final determination or approval of waiver of the Contractor's compliance with 51%
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District Residents New Hires Requirements and First Source Employment Agreement
requirements.
G.4 PAYMENT
G.4.1 ORDERING CLAUSE
G.4.1.1 Any supplies and services to be furnished under this contract must be ordered by issuance
of delivery orders or task orders by the CO. Such orders may be issued during the term of this
contract.
G.4.1.2 All delivery orders or task orders are subject to the terms and conditions of this contract. In the
event of a conflict between a delivery or task order and this contract, the contract shall control.
G.4.1.3 If mailed, a delivery order or task order is considered "issued" when the District deposits the
order in the mail. Orders may be issued by facsimile or by electronic commerce methods.
G.5 ASSIGNMENT OF CONTRACT PAYMENTS
G.5.1 In accordance with 27 DCMR 3250, the Contractor may assign to a bank, trust company, or
other financing institution funds due or to become due because of the performance of this
contract.
G.5.2 Any assignment shall cover all unpaid amounts payable under this contract and shall not be made
to more than one party.
G.5.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is
required to prepare invoices. Where such an assignment has been made, the original copy of the
invoice must refer to the assignment and must show that payment of the invoice is to be made
directly to the assignee as follows:
"Pursuant to the instrument of assignment dated , make payment of this invoice to
(name and address of assignee)."
G.6 THE QUICK PAYMENT ACT (Feb 2019)
G.6.1 Interest Penalties to Contractors
G.6.1.1 The District will pay interest penalties on amounts due to the Contractor under the Quick
Payment Act, D.C. Official Code§ 2-221.01 et seq., as amended, for the period beginning on
the day after the required payment date and ending on the date on which payment of the
amount is made. Interest shall be calculated at the rate of at least 1% per month. No interest
penalty shall be paid if payment for the completed delivery of the item of property or service
is made on or before the required payment date.
G.6.1.2 No interest penalty shall be due to the Contractor if payment for the completed delivery of
goods or services is made on or before:
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G.6.1.2.1 3rd day after the required payment date for meat or a meat product.
G.6.1.2.2 5th day after the required payment date for an agricultural commodity or
G.6.1.2.3 15th day after any other required payment date.
G.6.1.3 Any amount of an interest penalty that remains unpaid at the end of any 30-day period shall
be added to the principal amount of the debt, and thereafter, interest penalties shall accrue on
the added amount.
G.6.2 Payments to Subcontractors
G.6.2.1 The Contractor shall take one of the following actions within seven days of receipt of any
amount paid to the Contractor by the District for work performed by any subcontractor under
the contract:
G.6.2.1.1 Pay the subcontractor(s) for the proportionate share of the total payment received from the
District that is attributable to the subcontractor(s) for work performed under the contract; or
G.6.2.1.2 Notify the CO and the subcontractor(s), in writing, of the Contractor's intention to withhold
all or part of the subcontractor's payment and state the reason for the non- payment.
G.6.2.2 The Contractor shall pay subcontractors or suppliers interest penalties on amounts due to the
subcontractor or supplier beginning on the day after the payment is due and ending on the
date on which the payment is made. Interest shall be calculated at the rate of at least 1% per
month. No interest penalty shall be paid on the following if payment for the completed
delivery of the item of property or service is made on or before the following:
G.6.2.2.1 3rd day after the required payment date for meat or a meat product.
G.6.2.2.2 5th day after the required payment date for an agricultural commodity; or
G.6.2.2.3 15th day after any other required payment date.
G.6.2.3 Any amount of an interest penalty that remains unpaid by the Contractor at the end of any 30-
day period shall be added to the principal amount of the debt to the subcontractor, and
thereafter, interest penalties shall accrue on the added amount.
G.6.2.4 A dispute between the Contractor and subcontractor relating to the amounts or entitlement of
a subcontractor to a payment or a late payment interest penalty under the Quick Payment Act
does not constitute a dispute to which the District is a party. The District may not be
interpleaded in any judicial or administrative proceeding involving such a dispute.
G.6.3 Subcontract requirements
G.6.3.1 The Contractor shall include in each subcontract under this contract a provision requiring the
subcontractor to include in its contract with any lower-tier subcontractor or supplier the
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payment and interest clauses required under paragraphs (1) and (2) ofD.C. Official Code§ 2-
221.02(d).
G.6.3.2 The Contractor shall include in each subcontract under this contract a provision that obligates
the Contractor, at the election of the subcontractor, to participate in negotiation or mediation
as an alternative to administrative or judicial resolution of a dispute between them.
G.7 CONTRACTING OFFICER (CO)
Contracts will be entered into and signed on behalf of the District only by contracting officers.
The contact information for the Contracting Officer is:
LaVeta Hilton
Deputy Chief Procurement Officer,
Contracts and Acquisitions
District of Columbia Public Schools
1200 First Street, NE, 9th floor.
Washington, DC 20002
Phone: 202-442-5136
E-mail: LaVeta.Hilton@kl2.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 ADMINISTRATOR (CA)
G.9.1 The CA is responsible for the general administration of the contract and advising the CO on the
Contractor's compliance or noncompliance with the contract. The CA is responsible for ensuring
the work conforms to the requirements of the contract and such other responsibilities and
authorities as may be specified in the contract. These include:
G.9.1.1 Keeping the CO fully informed of any technical or contractual difficulties encountered during the
performance period and advising the CO of any potential problem areas under the contract.
G.9.1.2 Coordinating site entry for Contractor personnel, if applicable.
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G.9.1.3 Reviewing 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.9.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and services.
This includes the timely processing of invoices and vouchers in accordance with the District's
payment provisions and
G.9.1.5 Maintaining a file that includes all contract correspondence, modifications, records of
inspections (site, data, equipment), and invoices or vouchers.
G.9.2 The address and telephone number of the CA is:
Lisa Putman
Deputy Chief, Strategic School Operations
Office of the Chief Operating Officer
District of Columbia Public Schools
1200 First Street, NE
Washington, DC 20002
C: 202.369-3222
E lisa.putman@k12.dc.gov
G.9.3 The CA shall NOT have the authority to:
1. Award, agree to, or sign any contract, delivery, or task order. Only the CO shall make
contractual agreements, commitments, or modifications.
2. Grant deviations from or waive any of the terms and conditions of the contract.
3. Increase the dollar limit of the contract or authorize work beyond the dollar limit of the
contract,
4. Authorize the expenditure of funds by the Contractor.
5. Change the period of performance; or
6. Authorize the use of District property, except as specified under the contract.
G.9.4 The Contractor will be fully responsible for any changes not authorized in advance, in writing,
by the CO; may be denied compensation or other relief for any additional work performed that is
not so authorized; and may also be required, at no additional cost to the District, to take all
corrective action necessitated by reason of the unauthorized changes.
SECTION H: SPECIAL CONTRACT REQUIREMENTS
H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES
H.1.1 For all new employment resulting from this contract or subcontracts hereto, as defined in
Mayor's Order 83-265 and implementing instructions, the Contractor shall use its best efforts to
comply with the following basic goal and objectives for utilization of bona fide residents of the
District of Columbia in each project's labor force:
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H.1.1.1 At least 51 percent of apprentices and trainees employed shall be residents of the District of
Columbia registered in programs approved by the District of Columbia Apprenticeship
Council.
H.1.2 The Contractor shall negotiate an Employment Agreement with the Department of Employment
Services (DOES) for jobs created as a result of this contract. The DOES shall be the Contractor's
first source of referral for qualified apprentices and trainees in the implementation of
employment goals contained in this clause.
H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS
The Contractor shall be bound by the Wage Determination No. 27 dated 6/30/2023, issued by the
U.S. Department of Labor in accordance with the Service Contract Act, 41 U.S.C. § 351 et seq.,
and incorporated herein as Section J.2. The Contractor shall be bound by the wage rates for the
term of the contract subject to revision as stated herein and in accordance with clause 24 of the
SCP. If an option is exercised, the Contractor shall be bound by the applicable wage rates at the
time of the exercise of the option. If the option is exercised and the CO obtains a revised wage
determination, the revised wage determination is applicable for the option periods, and the
Contractor may be entitled to an equitable adjustment.
H.3 PREGNANT WORKERS' FAIRNESS
H.3.1 The Contractor shall comply with the Protecting Pregnant Workers Fairness Act of 2016, D.C.
Official Code§ 32-1231.01 et seq. (PPWF Act).
H.3.2 The Contractor shall not:
(a) Refuse to make reasonable accommodations to the known limitations related to
pregnancy, childbirth, related medical conditions, or breastfeeding for an employee unless the
Contractor can demonstrate that the accommodation would impose an undue hardship;
(b) Take adverse action against an employee who requests or uses a reasonable accommodation
in regard to the employee's conditions or privileges of employment, including failing to
reinstate the employee when the need for reasonable accommodations ceases to the employee's
original job or an equivalent position with equivalent:
(1) Pay;
(2) Accumulated seniority and retirement;
(3) Benefits; and
(4) Other applicable service credits;
(c) Deny employment opportunities to an employee or a job applicant if the denial is based on
the need of the employer to make reasonable accommodations to the known limitations related
to pregnancy, childbirth, related medical conditions, or breastfeeding;
(d) Require an employee affected by a pregnancy, childbirth, related medical conditions,
or breastfeeding to accept an accommodation that the employee chooses not to accept if
the
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employee does not have a known limitation related to pregnancy, childbirth, related medical
conditions, or breastfeeding or the accommodation is not necessary for the employee to perform
her duties;
(e) Require an employee to take leave if a reasonable accommodation can be provided; or
(f) Take adverse action against an employee who has been absent from work as a result of
a pregnancy-related condition, including a pre-birth complication.
H.3.3 The Contractor shall post and maintain in a conspicuous place a notice of rights in both English
and Spanish and provide written notice of an employee's right to a needed reasonable
accommodation related to pregnancy, childbirth, related medical conditions, or breastfeeding
pursuant to the PPWF Act to:
(a) New employees at the commencement of employment;
(b) Existing employees; and
(c) An employee who notifies the employer of her pregnancy or other condition covered by the
PPWF Act within ten days of the notification.
H.3.4 The Contractor shall provide an accurate written translation of the notice of rights to any non-
English or non-Spanish speaking employee.
H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.
H.4 UNEMPLOYED ANTI-DISCRIMINATION
H.4.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C.
Official Code§ 32-1361 et seq.
H.4.2 The Contractor shall not:
(a) Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an
employee because of the individual's status as unemployed; or
(b) Publish, in print, on the Internet, or in any other medium, an advertisement or announcement
for any vacancy in a job for employment that includes:
(1) Any provision stating or indicating that an individual's status as unemployed disqualifies
the individual from the job; or
(2) Any provision stating or indicating that an employment agency will not consider or hire
an individual for employment based on that individual's status as unemployed.
H.4.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties as
described in the Act.
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H.5 51% DISTRICT RESIDENTS' NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT
Delete Article 35, 51% District Residents New Hires Requirements and First Source
Employment Agreement, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts and substitute the following
Section H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST
SOURCE EMPLOYMENT AGREEMENT in its place:
H.5 51% DISTRICT RESIDENTS' NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT
H.5.1 For contracts for services in the amount of $300,000 or more, the Contractor shall comply with
the First Source Employment Agreement Act of 1984, as amended, D.C. Official Code§ 2-
219.01 et seq. (First Source Act).
H.5.2 The Contractor shall enter into and maintain, during the term of the contract, a First Source
Employment Agreement (Employment Agreement) with the District of Columbia Department of
Employment Service (DOES), in which the Contractor shall agree that
(a) The first source for finding employees to fill all jobs created in order to perform the
contract shall be the First Source Register, and
(b) The first source for finding employees to fill any vacancy occurring in all jobs covered by
the Employment Agreement shall be the First Source Register.
H.5.3 The Contractor shall not begin the performance of the contract until DOES has accepted its
Employment Agreement. Once approved, the Employment Agreement shall not be amended
except with the approval of DOES.
H.5.4 The Contractor agrees that at least 51% of the new employees hired to perform the contract shall
be District residents.
H.5.5 The Contractor's hiring and reporting requirements under the First Source Act and any rules
promulgated thereunder shall continue for the term of the contract.
H.5.6 The CO may impose penalties, including monetary fines of 5% of the total amount of the direct
and indirect labor costs of the contract, for a willful breach of the Employment Agreement,
failure to submit the required hiring compliance reports, or deliberate submission of falsified
data.
H.5.7 If the Contractor does not receive a good faith waiver, the CO may also impose an additional
penalty equal to 1/8 of 1% of the total amount of the direct and indirect labor costs of the
contract for each percentage by which the Contractor fails to meet its hiring requirements.
H.5.8 Any contractor that violates, more than once, within a 10-year timeframe, the hiring or reporting
requirements of the First Source Act shall be referred for debarment for not more than five
years.
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H.5.9 The contractor may appeal any decision of the CO pursuant to this clause to the D.C. Contract
Appeals Board as provided in clause 14 of the SCP, Disputes as supplemented and modified
by this Contract.
H.5.10 The provisions of the First Source Act do not apply to nonprofit organizations that employ 50
employees or less.
H.6 RESERVED
H.7 RESERVED
H.8 RESERVED
H.9 SUBCONTRACTING REQUIREMENTS
H.9.1 Mandatory Subcontracting Requirements
H.9.1.1 For all contracts in excess of $250,000, at least 35% of the dollar volume of the contract shall
be subcontracted to qualified small business enterprises (SBEs).
H.9.1.2 If there are insufficient SBEs to completely fulfill the requirement of paragraph H.9.1.1, then
the subcontracting may be satisfied by subcontracting 35% of the dollar volume to any
qualified, certified business enterprises (CBEs); provided, however, that all reasonable efforts
shall be made to ensure that SBEs are significant participants in the overall subcontracting
work.
H.9.1.3 A prime contractor that is certified by DSLBD as a small, local, or disadvantaged business
enterprise shall not be required to comply with the provisions of sections H.9.1.1 and H.9.1.2.
H.9.1.4 Except as provided in H.9.1.5 and H.9.1.7, a prime contractor that is a CBE and has been
granted a bid preference pursuant to D.C. Official Code§ 2-218.43 or is selected through a
set-aside program, shall perform at least 35% of the contracting effort with its own
organization and resources and, if it subcontracts, 35% of the subcontracting effort shall be
with CBEs. A CBE prime contractor that performs less than 35% of the contracting effort
shall be subject to enforcement actions under D.C. Official Code§ 2 -218.63.
H.9.1.5 If the prime contractor is a certified joint venture and has been granted a bid preference
pursuant to D.C. Official Code§ 2-218.43 or is selected through a set-aside program, the CBE
member of the certified joint venture shall perform at least 50% of the contracting effort with
its own organization and resources and, if it subcontracts, 35% of the subcontracting effort
shall be with CBEs. If the CBE member of the certified joint venture prime contractor
performs less than 50% of the contracting effort, the certified joint venture shall be subject to
enforcement actions under D.C. Official Code§ 2 -218.63.
H.9.1.6 Each CBE utilized to meet these subcontracting requirements shall perform at least 35% of its
contracting effort with its own organization and resources.
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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 ofDSLBD. Any reduction in the dollar volume of the
subcontracted portion resulting from an amendment of the plan after award shall inure to the
benefit of the District.
Each subcontracting plan shall include the following:
(1) The name and address of each subcontractor.
(2) A current certification number of the small or certified business enterprise.
(3) The scope of work to be performed by each subcontractor; and
(4) The price that the prime contractor will pay each subcontractor.
H.9.3 Copies of Subcontracts
Within 21 days of the date of award, the Contractor shall provide fully executed copies of all
subcontracts identified in the subcontracting plan to the CO, CA, District of Columbia Auditor,
and the Director ofDSLBD.
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 ofDSLBD to provide an update
on its subcontracting plan.
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H.9.6 Notices
The Contractor shall provide written notice to the DSLBD and the District of Columbia Auditor
upon commencement of the contract and when the contract is completed.
H.9.7 Enforcement and Penalties for Breach of Subcontracting Plan
H.9.7.1 A contractor shall be deemed to have breached a subcontracting plan required by law if the
contractor (i) fails to submit subcontracting plan monitoring or compliance reports or other
required subcontracting information in a reasonably timely manner; (ii) submits a monitoring
or compliance report or other required subcontracting information containing a materially
false statement, or (iii) fails to meet its subcontracting requirements.
H.9.7.2 A contractor that is found to have breached its subcontracting plan for utilization of CBEs in
the performance of a contract shall be subject to the imposition of penalties, including
monetary fines in accordance with D.C. Official Code§ 2 -218.63.
H.9.7.3 If the CO determines the Contractor's failure to be a material breach of the contract, the CO
shall have cause to terminate the contract under the default provisions in clause 8 of the
SCP, Default.
H.10 FAIR CRIMINAL RECORD SCREENING
H.10.1 The Contractor shall comply with the provisions of the Fair Criminal Record Screening
Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-152) ("Act" as used in
this section). This section applies to any employment, including employment on a temporary
or contractual basis, where the physical location of the employment is in whole or substantial
part within the District of Columbia.
H.10.2 Prior to making a conditional offer of employment, the Contractor shall not require an
applicant for employment, or a person who has requested consideration for employment by
the Contractor, to reveal or disclose an arrest or criminal accusation that is not then pending
or did not result in a criminal conviction.
H.10.3 After making a conditional offer of employment, the Contractor may require an applicant to
disclose or reveal a criminal conviction.
H.10.4 The Contractor may only withdraw a conditional offer of employment or take adverse action
against an applicant for a legitimate business reason as described in the Act.
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.
26
(c) To any facility or employer that provides programs, services, or direct care to
children, youth, or vulnerable adults or
(d) To employers that employ less than 11 employees.
H.10.6 A person claiming to be aggrieved by a violation of the Act may file an administrative
complaint with the District of Columbia Office of Human Rights, and the Commission on
Human Rights may impose monetary penalties against the Contractor.
H.11 DISTRICT RESPONSIBILITIES
H.11.1 Every three months (quarterly), DCPS will evaluate the Contractor's performance and compliance
with the contract in accordance with the established performance evaluation form
H.11.2 Assuring the Contractor has access to the facilities, as needed
H.12 CONTRACTOR RESPONSIBILITIES
H.12.1 The Contractor shall make available to DCPS all resumes, cover letters, copies of degrees, licenses,
certifications, and other employee information of the proposed staff. This information is required
when submitting the proposal, at contract award, and before the staff provides services to DCPS.
H.12.2 The Contractor shall provide services consistent with the procedures and standards established by
the District of Columbia state regulations and all other statutory requirements.
H.12.3 The Contractor shall provide documentation with invoices that:
• Corroborate the date(s) and time(s) of service provided; an
• Verify arrival and departure times on new installations.
SECTION I: CONTRACT CLAUSES
1.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS
The Standard Contract Provisions for use with District of Columbia Government Supplies and
Services Contracts dated July 2010 (SCP) are incorporated as part of the contract. To obtain a
copy of the SCP, go to http://ocp.dc.gov, under Quick Links, and click "Required Solicitation
Documents."
1.2 CONTRACTS THAT CROSS FISCAL YEARS
Continuation of this contract beyond the current fiscal year is contingent upon future fiscal
appropriations.
1.3 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
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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.
1.4 TIME
Time, if stated in a number of days, will include Saturdays, Sundays, and holidays unless
otherwise stated herein.
1.5 RIGHTS IN DATA
Delete clause 42, Rights in Data, of the Standard Contract Provisions dated July 2010 for use
with District of Columbia Government Supplies and Services Contracts and substitute the
following clause 42, Rights in Data) in its place:
A. Definitions
1. "Products" - A deliverable under any contract that may include commodities, services, and/or
technology furnished by or through the Contractor, including existing and custom Products, such
as but not limited to, a) recorded information, regardless of form or the media on which it may be
recorded; b) document research; c) experimental, developmental, or engineering work; d)
licensed software; e) components of the hardware environment; t) printed materials (including
but not limited to training manuals, system and user documentation, reports, drawings); g) third
party software; h) modifications, customizations, custom programs, program listings,
programming tools, data, modules, components; and i) any intellectual property embodied
therein, whether in tangible or intangible form, including but not limited to utilities, interfaces,
templates, subroutines, algorithms, formulas, source code, and object code.
2. "Existing Products" - Tangible Products and intangible licensed Products that exist prior to the
commencement of work under the contract. Existing Products must be identified on the Product
prior to the commencement of work, or else they will be presumed to be Custom Products.
3. "Custom Products" - Products, preliminary, final, or otherwise, which are created or
developed by the Contractor, its subcontractors, partners, employees, resellers, or agents for the
District under the contract.
4. "District" - The District of Columbia and its agencies.
B. Title to Project Deliverables
The Contractor acknowledges that it is commissioned by the District to perform services detailed
in the contract. The District shall have ownership and rights for the duration set forth in the
contract to use, copy, modify, distribute, or adapt Products as follows:
1. Existing Products: Title to all Existing Licensed Product(s), whether or not embedded in,
delivered, or operating in conjunction with hardware or Custom Products, shall remain with the
Contractor or third-party proprietary owner, who retains all rights, title, and interest (including
patent, trademark or copyrights). Effective upon payment, the District shall be granted an
irrevocable, non-exclusive, worldwide, paid-up license to use, execute, reproduce, display,
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perform, adapt (unless Contractor advises the District as part of Contractor's bid that adaptation
will violate existing agreements or statutes and Contractor demonstrates such to the District's
satisfaction), and distribute Existing Product to District users up to the license capacity stated in
the contract with all license rights necessary to fully effect the general business purpose of the
project or work plan or contract. Licenses shall be granted in the name of the District. The
District agrees to reproduce the copyright notice and any other legend of ownership on any
copies authorized under this paragraph.
2. Custom Products: Effective upon Product creation, the Contractor shall convey, assign, and
transfer to the District the sole and exclusive rights, title, and interest in Custom Products,
whether preliminary, final, or otherwise, including all patent, trademark, and copyrights. The
contractor hereby agrees to take all necessary and appropriate steps to ensure that the Custom
Products are protected against unauthorized copying, reproduction, and marketing by or through
the Contractor.
C. Transfers or Assignments of Existing or Custom Products by the District
The District may transfer or assign Existing or Custom Products and the licenses thereunder to
another District agency. Nothing herein shall preclude the Contractor from otherwise using the
related or underlying general knowledge, skills, ideas, concepts, techniques, and experience
developed under a project or work plan in the course of the Contractor's business.
D. Subcontractor Rights
Whenever any data, including computer software, are to be obtained from a subcontractor under
the contract, the Contractor shall use this clause, Rights in Data, in the subcontract, without
alteration, and no other clause shall be used to enlarge or diminish the District's or the
Contractor's rights in that subcontractor data or computer software which is required for the
District.
E. Source Code Escrow
1. For all computer software furnished to the District with the rights specified in section B.2, the
Contractor shall furnish to the District a copy of the source code with such rights of the scope as
specified in section B.2 of this clause. For all computer software furnished to the District with
the restricted rights specified in section B.l of this clause, the District, if the Contractor either
directly or through a successor or affiliate shall cease to provide the maintenance or warranty
services provided by the District under the contract or any paid-up maintenance agreement, or if
the Contractor should be declared insolvent by a court of competent jurisdiction, shall have the
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
29
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.
1.6 OTHER CONTRACTORS
The Contractor shall not commit or permit any act that will interfere with the performance of
work by another District contractor or by any District employee.
I.7 SUBCONTRACTS
The Contractor hereunder shall not subcontract any of the Contractor's work or services to any
subcontractor without the prior written consent of the CO. Any work or service so subcontracted
shall be performed pursuant to a subcontract agreement, which the District will have the right to
review and approve prior to its execution by the Contractor. Any such subcontract shall specify
that the Contractor and the subcontractor shall be subject to every provision of this contract.
Notwithstanding any such subcontract approved by the District, the Contractor shall remain
liable to the District for all Contractor's work and services required hereunder.
1.8 INSURANCE
A. GENERAL REQUIREMENTS. The Contractor, at its sole expense, shall procure and maintain,
during the entire period of performance under this contract, the types of insurance specified
below. The Contractor shall submit a Certificate oflnsurance to the Contracting Officer (CO),
giving evidence of the required coverage prior to commencing performance under this contract.
In no event shall any work be performed until the required Certificates of Insurance signed by an
authorized representative of the insurer(s) have been provided to and accepted by the CO.
The Government of the District of Columbia shall be included in all policies, where applicable
and allowable by law, required hereunder to be maintained by the Contractor and its
subcontractors (except for workers' compensation and professional liability insurance) as an
additional insureds for claims against The Government of the District of Columbia relating to
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this contract, with the understanding that any affirmative obligation imposed upon the insured
Contractor or its subcontractors (including without limitation the liability to pay premiums) shall
be the sole obligation of the Contractor or its subcontractors, and not the additional insured. The
additional insured status under the Contractor's and its subcontractors' Commercial General
Liability insurance policies shall be effected using the ISO Additional Insured Endorsement form
CG 20 10 11 85 (or CG 20 10 07 04 and CG 20 37 07 04) or such other endorsement or
combination of endorsements providing coverage at least as broad and approved by the CO in
writing. All of the Contractor's and its subcontractors' liability policies (except for workers'
compensation and professional liability insurance) shall be endorsed using ISO form CG 20 01
04 13 or its equivalent so as to indicate that such policies provide primary coverage (without any
right of contribution by any other insurance, reinsurance or self -insurance, including any
deductible or retention, maintained by an Additional Insured) for all claims against the additional
insured arising out of the performance of this Statement of Work by the Contractor or its
subcontractors, or anyone for whom the Contractor or its subcontractors may be liable. These
policies shall include a separation of insureds clause applicable to the additional insured.
If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits than
the minimums shown below, the District requires and shall be entitled to the broader coverage
and/or the higher limits maintained by the Contractor and subcontractors.
B. INSURANCE REQUIREMENTS
1. Commercial General Liability Insurance ("CGL") - The Contractor shall provide evidence
satisfactory to the CO with respect to the services performed that it carries a CGL policy, written
on an occurrence (not claims-made) basis, on Insurance Services Office, Inc. ("ISO") form CG
00 01 04 13 (or another occurrence-based form with coverage at least as broad and approved by
the CO in writing), covering liability for all ongoing and completed operations of the Contractor
and under all subcontracts, covering claims for bodily injury, including without limitation
sickness, disease or death and mental anguish of any persons, broad form property damage,
including loss of use resulting therefrom, personal and advertising injury, and including coverage
for liability arising out of an Insured Contract (including the tort liability of another assumed in a
contract) and acts of terrorism (whether caused by a foreign or domestic source). Such coverage
shall have limits ofliability of not less than $1,000,000 for each occurrence, a $2,000,000 general
aggregate.
The Commercial General Liability shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage using ISO
form CG 2015 0413 (or its equivalent) to The Government of the District of
Columbia
b) Coverage available to the additional insureds shall apply on a primary and non-
contributing basis with respect to any other insurance, deductibles, or self-insurance
available to the additional insureds.
c) A waiver of subrogation in favor of The Government of the District of Columbia
d) Any Annual Aggregate shall apply on a per location or per project basis (where
applicable)
e) Defense costs shall be in addition to and not erode the limits ofliability
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2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory to the CO of
commercial (business) automobile liability insurance written on ISO form CA 00 01 10 13 (or
another form with coverage at least as broad and approved by the CO in writing) including
coverage for all owned, hired, borrowed and non-owned vehicles and equipment used by the
Contractor in connection with work under this agreement, with a minimum combined single limit
of $1,000,000 for bodily injury or death and property damage, including loss of use thereof.
Such policy or policies of automobile liability insurance shall be written on an "occurrence" (as
opposed to a "claims made") basis.
Auto Physical Damage Coverage - The Contractor shall provide auto physical damage insurance
to cover "loss" to a covered "auto" or its equipment:
a) Comprehensive - Fire, lightning or explosion; theft; windstorm, hail or earthquake;
flood; mischief or vandalism; or the sinking, burning, collision or derailment of any
conveyance transporting the covered "auto".
b) Collision Coverage - Caused by: The covered "auto's" collision with another object or
the covered "auto's" overturn.
The Commercial Auto Liability policy shall be further endorsed to:
a. To the fullest extent permitted by law, provide additional insured coverage to The
Government of the District of Columbia
b. Coverage available to the additional insureds shall apply on a primary and non-
contributing basis as respect any other insurance, deductibles, or self-insurance
available to the additional insureds
c. A waiver of subrogation in favor of The Government of the District of Columbia
d. Defense costs shall be in addition to and not erode the limits of liability
e. If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened Coverage
for Covered Autos - Business Auto, Motor Carrier and Truckers (or its equivalent)
3. Workers' Compensation Insurance - The Contractor shall provide evidence satisfactory to the
CO of Workers' Compensation insurance in accordance with the statutory mandates of the
District of Columbia or the jurisdiction in which the contract is performed.
Employer's Liability Insurance - The Contractor shall provide evidence satisfactory to the CO of
employer's liability insurance as follows: $500,000 per accident for injury, $500,000 per
employee for disease, and $500,000 for policy disease limit.
The Workers Compensation and Employers Liability shall be further endorsed to:
a) Include a Waiver of Subrogation in favor of The Government of the District of Columbia.
b) Where applicable, include the United States Longshore and Harbor Workers
Compensation Act (USL&H)
c) Where applicable, include Jones Act Coverage for seamen or crew members on an "if
any" basis.
4. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence satisfactory to
the CO of commercial umbrella or excess liability insurance with minimum limits of
$10,000,000 per occurrence and $10,000,000 in the annual aggregate, following the form and in
excess of all liability policies. All liability coverage must be scheduled under the umbrella and/or
32
excess policy. The insurance required under this paragraph shall be written in a form that
annually reinstates all required limits. Coverage shall be primary to any insurance, self-insurance
or reinsurance maintained by The Government of the District of Columbia and the "other
insurance" provision must be amended in accordance with this requirement and principles of
vertical exhaustion.
5. Sexual/Physical Abuse & Molestation - The Contractor shall provide evidence satisfactory to the
CO with respect to the services performed that it carries $1,000,000 per occurrence limits; and
$2,000,000 aggregate of affirmative abuse and molestation liability coverage. Coverage should
include physical abuse, such as sexual or other bodily harm, and non-physical abuse, such as
verbal, emotional, or mental abuse; any actual, threatened, or alleged act; errors, omission, or
misconduct. This insurance requirement will be considered met if the general liability insurance
includes an affirmative sexual abuse and molestation endorsement for the required amounts or
through a separate stand-alone sexual abuse and molestation policy with confirmation there are
no exclusions for abuse or assault & battery under the General Liability. So -called "silent"
coverage or "shared" limits under a commercial general liability or professional liability policy
will not be acceptable. Limits may not be shared with other lines of coverage. The applicable
policy may need to be submitted to the ORM for compliance review.
C. SUBCONTRACTOR INSURANCE REQUIREMENTS
Any and all subcontractors engaged by the Contractor for work under this agreement shall be
required to have the same insured required of the Contractor. Should the Contractor wish to
propose different insurance requirements than outlined below, then, prior to the 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 subcontractor Insurance
Requirement Template provided to the Office of Risk Management (ORM). ORM will determine
the insurance requirements applicable to the subcontractor and promptly deliver such
requirements in writing to the Contractor. In either instance, the Contractor must provide proof
of the subcontractor's required insurance prior to the commencement of work by the
subcontractor.
D. PRIMARY AND NONCONTRIBUTORY INSURANCE
The insurance required herein shall be primary to and will not seek contribution from any other
insurance, reinsurance, or self-insurance, including any deductible or retention, maintained by the
Government of the District of Columbia.
E. DURATION. The Contractor shall carry all required insurance until all contract work is
accepted by The Government of the District of Columbia and shall carry listed coverages for ten
years for construction projects following final acceptance of the work performed under this
contract and two years for non-construction-related contracts.
F. LIABILITY. These are the required minimum insurance requirements established by the
government of the District of Columbia. However, it is understood that The Government of the
District of Columbia does not in any way represent that the insurance or the limits of insurance
specified herein are sufficient or adequate to protect your interests or liabilities and will not in
any way limit the contractor's liability under this contract.
33
G. CONTRACTOR'S PROPERTY. Contractors and subcontractors are solely responsible for any
loss or damage to their personal property, including but not limited to tools and equipment,
scaffolding and temporary structures, rented machinery, or owned and leased equipment. A
waiver of subrogation shall apply in favor of The Government of the District of Columbia.
H. MEASURE OF PAYMENT. The Government of the District of Columbia shall not make any
separate measure or payment for the cost of insurance and bonds. The Contractor shall include
all of the costs of insurance and bonds in the contract price.
I. NOTIFICATION. The Contractor shall ensure that all policies provide that the CO shall be
given thirty (30) days prior written notice in the event of cancellation, non-renewal, or material
changes to the extent such cancellation or material changes results in the Contractor no longer
complying with the above requirements. The Contractor shall provide the CO with ten days prior
written notice in the event of non-payment of premium. The Contractor will also provide the CO
with an updated Certificate of Insurance should its insurance coverages renew during the
contract. The Government of the District of Columbia may reasonably change the above
insurance coverage requirements during the Term by giving the Contractor at least 30 days
notice of the change. The Contractor must comply, at your expense, and deliver to the CO
evidence of compliance before the change becomes effective.
J. CERTIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days after
execution of this Agreement, certificates of insurance evidencing the required insurance
coverage and endorsements required herein. Contractors must also provide us with evidence of
renewal before the expiration date of each insurance policy. The contractor is responsible for
providing us with 30 days advanced written notice if the certificate of insurance by the insurer
has been canceled, reduced in coverage, or otherwise altered. Certificates of insurance must
reference the corresponding contract number. Evidence of insurance shall be submitted to:
The Government of the District of Columbia
And mailed to the attention of:
Yawovi Klouvi
Senior Contract Specialist
District of Columbia Public Schools
Office of Chief Resource Strategy
Contracts and Acquisitions Division
1200 First Street, NE - 9th Floor
Washington, DC 20002
Phone:202-770-6117
E-mail: yawovi.klouvi@kl2.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
34
of insurance evidencing such coverage shall be submitted to the CO on an annual basis as the
coverage is renewed (or replaced).
K. DISCLOSURE OF INFORMATION. The Contractor agrees that The Government of the
District of Columbia may disclose the name and contact information of its insurers to any third
party that presents a claim against The Government of the District of Columbia for any damages
or claims resulting from or arising out of work performed by the Contractor, its agents,
employees, servants or subcontractors in the performance of this contract.
L. CARRIER RATINGS. All Contractor's and its subcontractors' insurance required in connection
with this contract shall be written by insurance companies with an A.M. Best Insurance Guide
rating of at least A- VII or better (or the equivalent by any other rating agency) and licensed in
the District of Columbia.
M. WARRANTIES. When applicable, the Contractor should be named as an additional insured on
the applicable manufacturer's/distributer's Commercial General Liability policy using Insurance
Services Office, Inc. ("ISO") form CG 20 15 04 13 (or another occurrence -based form with
coverage at least as broad). CO should collect, review for accuracy, and maintain all warranties
for goods and services.
1.9 EQUAL EMPLOYMENT OPPORTUNITY
In accordance with the District of Columbia Administrative Issuance System, Mayor's Order 85-
85 dated June 10, 1985, the forms for completion of the Equal Employment Opportunity
Information Report are incorporated herein as Section J.3. An award cannot be made to any
bidder who has not satisfied the equal employment requirements.
1.10 ORDER OF PRECEDENCE
The contract awarded as a result of this IFB will contain the following clause:
ORDER OF PRECEDENCE
A conflict in language shall be resolved by giving precedence to the document in the highest order of
priority 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
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1.11 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
(b) All claims by a Contractor against the District arising under or relating to a contract shall be
in writing and shall be submitted to the CO for a decision. The Contractor's claim shall
contain at least the following:
(i) A description of the claim and the amount in dispute;
(ii) Data or other information in support of the claim;
(iii) A brief description of the Contractor's efforts to resolve the dispute prior to
filing the claim; and
(iv) The Contractor's request for relief or other action by the CO.
(c) The CO may meet with the Contractor in a further attempt to resolve the claim by
agreement.
(d) The CO shall issue a decision on any claim within 120 calendar days after receipt of the
claim. Whenever possible, the CO shall take into account factors such as the size and
complexity of the claim and the adequacy of the information in support of the claim
provided by the Contractor.
(e) The CO's written decision shall do the following:
(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings of
fact, although specific findings of fact are not required and, if made,
shall not be binding in any subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine the
amount of monetary settlement, the contract adjustment to be made, or
other relief to be granted;
(vi) Indicate that the written document is the CO's final decision; and
(vii) Inform the Contractor of the right to seek further redress by appealing
the decision to the Contract Appeals Board.
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(f) Failure by the CO to issue a decision on a contract claim within 120 days ofreceipt of the
claim will be deemed to be a denial of the claim and will authorize the commencement of an
appeal to the Contract Appeals Board as provided by D.C. Official Code§ 2-360.04.
(g) If a contractor is unable to support any part of its claim and it is determined that the
inability is attributable to a material misrepresentation of fact or fraud on the part of
the Contractor, the Contractor shall be liable to the District for an amount equal to
the unsupported part of the claim in addition to all costs to the District attributable to
the cost ofreviewing that part of the Contractor's claim. Liability under this
paragraph (a)(6) shall be determined within six years of the commission of the
misrepresentation of fact or fraud.
(h) Pending the final decision of an appeal, action, or final settlement, the Contractor shall
proceed diligently with the performance of the contract in accordance with the decision of
the CO.
(i) Claims by the District against the Contractor: Claim, as used in paragraph (b) of this
clause, means a written demand or written assertion by the District seeking, as a
matter of right, the payment of money in a sum certain, the adjustment of contract
terms, or other relief arising under or relating to the contract. A claim arising under a
contract, unlike a claim relating to that contract, is a claim that can be resolved under
a contract clause that provides for the relief sought by the claimant.
(i) The CO shall decide all claims by the District against a contractor arising under or
relating to a contract.
(ii) The CO shall send written notice of the claim to the contractor. The CO's
written decision shall do the following:
(iii) Provide a description of the claim or dispute;
(iv) Refer to the pertinent contract terms;
(v) State the factual areas of agreement and disagreement;
(vi) State the reasons for the decision, including any specific findings of fact,
although specific findings of fact are not required and, if made, shall not be
binding in any subsequent proceeding;
(vii) If all or any part of the claim is determined to be valid, determine the amount
of monetary settlement, the contract adjustment to be made, or other relief to
be granted;
(viii) Indicate that the written document is the CO's final decision; and
(ix) Inform the Contractor of the right to seek further redress by appealing the
decision to the Contract Appeals Board.
(x) The CO shall support the decision by reasons and shall inform the Contractor
of its rights as provided herein.
(xi) Before or after issuing the decision, the CO may meet with the Contractor to attempt
to resolve the claim by agreement.
(xii) The authority contained in this paragraph (b) shall not apply to a claim or dispute for
penalties or forfeitures prescribed by statute or regulation which another District
agency is specifically authorized to administer, settle, or determine.
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(xiii) This paragraph shall not authorize the CO to settle, compromise, pay, or otherwise
adjust any claim involving fraud.
(g) Decisions of the CO shall be final and not subject to review unless the Contractor timely
commences an administrative appeal for review of the decision by filing a complaint
with the Contract Appeals Board, as authorized by D.C. Official Code§ 2 -360.04.
(h) Pending the final decision of an appeal, action, or final settlement, the Contractor
shall proceed diligently with the performance of the contract in accordance with
the decision of the CO.
1.12 CHANGES (Feb 2019)
Delete clause 15, Changes, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts and substitute the following
clause 15, Changes, in its place:
15. Changes
(a) The CO may, at any time, by written order and without notice to the surety, if any, make changes in
the contract within the general scope hereof. If such change causes an increase or decrease in the
cost of performance of the contract or in the time required for performance, an equitable adjustment
shall be made. Any claim for adjustment for a change within the general scope must be asserted
within ten days from the date the change is ordered; provided, however, that the CO, if he or she
determines that the facts justify such action, may receive, consider, and adjust any such claim
asserted at any time prior to the date of final settlement of the contract. If the parties fail to agree
upon the adjustment to be made, the dispute shall be determined as provided in clause 14, Disputes.
(b) The District shall not require the Contractor, and the Contractor shall not require a
subcontractor, to undertake any work that is beyond the original scope of the contract or
subcontract, including work under a District-issued change order, when the additional work
increases the contract price beyond the not-to-exceed price or negotiated maximum price of
the contract unless the CO:
(1) Agrees with the Contractor, and if applicable, the subcontractor, on a price for the
additional work;
(2) Obtains a certification of funding to pay for the additional work;
(3) Makes a written, binding commitment with the Contractor to pay for the additional work
within 30 days after the Contractor submits a proper invoice; and
(4) Provide the Contractor with written notice of the funding certification.
(c) The Contractor shall include in its subcontracts a clause that requires the Contractor to:
(1) Within five business days of its receipt of notice of the approved additional funding,
provide the subcontractor with notice of the amount to be paid to the subcontractor for
the additional work to be performed by the subcontractor;
(2) Pay the subcontractor any undisputed amount to which the subcontractor is entitled to the
additional work within ten days of receipt of payment from the District; and
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(3) Notify the subcontractor and CO in writing of the reason(s) the Contractor withholds any
payment from a subcontractor for the additional work.
(d) Neither the District, Contractor, nor any subcontractor may declare another party to be in
default or assess, claim, or pursue damages for delays until the parties agree on a price for the
additional work.
I.13 NON-DISCRIMINATION CLAUSE
Delete clause 19, Non-Discrimination Clause, of the Standard Contract Provisions dated July 2010 for
use with District of Columbia Government Supplies and Services Contracts and substitute the following
clause 19, Non-Discrimination Clause, in its place:
19. Non-Discrimination Clause:
(a) The Contractor shall not discriminate in any manner against any employee or applicant for
employment that would constitute a violation of the District of Columbia Human Rights Act,
effective December 13, 1977, as amended (D.C. Law 2-38; D.C. Official Code§ 2-1401.01
et seq.) ("Act", as used in this clause). The Contractor shall include a similar clause in all
subcontracts, except subcontracts for standard commercial supplies or raw materials. In
addition, the Contractor agrees, and any subcontractor shall agree, to post in conspicuous
places, available to employees and applicants for employment, a notice setting forth the
provisions of this non-discrimination clause as provided in section 251 of the Act.
2. Pursuant to Mayor's Order 85- 85 (6/10/85), Mayor's Order 2002- 175 (10/23/02), Mayor's Order
2011-155 (9/9/11), and the rules of the Office of Human Rights, Chapter 11 of Title 4 of the D.C.
Municipal Regulations, the following clauses apply to the contract:
(a) The Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived race, color, religion, national origin, sex,
age, marital status, personal appearance, sexual orientation, gender identity or
expression, family responsibilities, genetic information, disability, matriculation,
political affiliation, or credit information. Sexual harassment is a form of sex
discrimination which is prohibited by the Act. In addition, harassment based on any of
the above-protected categories is prohibited by the Act.
(b) The Contractor agrees to take affirmative action to ensure that applicants are employed
and that employees are treated during employment, without regard to their actual or
perceived race, color, religion, national origin, sex, age, marital status, personal
appearance, sexual orientation, gender identity or expression, family responsibilities,
genetic information, disability, matriculation, political affiliation, or credit information.
The affirmative action shall include, but not be limited to, the following:
(a) employment, upgrading, or transfer;
(b) recruitment, or recruitment advertising;
(c) demotion, layoff, or termination;
(d) rates of pay or other forms of compensation; and
(e) selection for training and apprenticeship.
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(c) The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting agency, setting
forth the provisions in paragraphs 19(b)(1) and (b)(2) concerning nondiscrimination
and affirmative action.
(d) The Contractor shall, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment pursuant to the nondiscrimination requirements set forth in paragraph
19(b)(2).
(e) The Contractor agrees to send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding a
notice to be provided by the contracting agency, advising the said labor union or
workers' representative of that contractor's commitments under this nondiscrimination
clause and the Act and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(f) The Contractor agrees to permit access to its books, records, and accounts pertaining to
its employment practices by the Chief Procurement Officer or designee, or the Director
of the Office of Human Rights or designee, for purposes of investigation to ascertain
compliance with the Act and to require under terms of any subcontractor agreement
each subcontractor to permit access of such subcontractors' books, records, and
accounts for such purposes.
(g) The Contractor agrees to comply with the provisions of the Act and with all guidelines
for equal employment opportunity applicable in the District adopted by the Director of
the Office of Human Rights or any authorized official.
(h) The Contractor shall include in every subcontract the equal opportunity clause, i.e.,
paragraphs 19(b)(1) through (b)(9) of this clause, so that such provisions shall be
binding upon each subcontractor.
(i) The Contractor shall take such action with respect to any subcontract as the CO may direct as
a means of enforcing these provisions, including sanctions for noncompliance; provided,
however, that in the event the Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the contracting
agency, the Contractor may request the District to enter into such litigation to protect the
interest of the District.
I.14 COST AND PRICING DATA
Delete clause 25, Cost and Pricing Data, of the Standard Contract Provisions dated July 2010 for
use with District of Columbia Government Supplies and Services Contracts.
SECTION J: ATTACHMENTS
The following list of attachments is incorporated into the solicitation by reference.
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Attachment
Number Document
J.1
Government of the District of Columbia Standard Contract Provisions for
Use with the Supplies and Services Contracts (July 2010)
available at http://ocp.dc.g under Quick Links, click on "Required
Solicitation Documents"
J.2 U.S. Department of Labor Wage Determination No. 27 dated 6/30/2023
J.3
Equal Employment Opportunity Employer Information Report and Mayor's
Order 85-85
available at http://ocp.dc.g under Quick Links, click on "Required
Solicitation Documents"
J.4
Department of Employment Services First Source Employment Agreement
available at http://ocp.dc.g under Quick Links, click on "Required
Solicitation Documents."
J.5
Way to Work Amendment Act of 2006 - Living Wage Notice available at
http://ocp.dc.g under Quick Links, click "Required Solicitation
Documents."
J.6
Way to Work Amendment Act of 2006 - Living Wage Fact Sheet available at
http://ocp.dc.g under Quick Links, click "Required Solicitation
Documents."
J.7 Tax Certification Affidavit available at http://ocp.dc.gov; under Quick Links,
click on "Required Solicitation Documents."
J.8 Subcontracting Plan (ifrequired by law) available at http://ocp.dc.gov; under
Quick Links, click on "Required Solicitation Documents."
J.9
First Source Initial Employment Plan (if the contract is $300,000 or more)
available at http://ocp.dc.g under Quick Links, click on "Required
Solicitation Documents."