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4200 Connecticut Avenue NW — Washington, DC 20008
Phone: 202.274.6016 ▪ www.udc.edu
December 4, 2025
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, N.W.,Suite 504
Washington, D.C. 20004
Proposed Contract No. GF-2025-C-0020 for Janitorial Services between TPM Group LLC and the University of
the District of Columbia.
Chairman Mendelson:
In accordance with the provisions of D.C. Official Code § 1 -204.51, enclosed for the Council of the District o f
Columbia’s consideration and approval is a proposed multi-year contract for janitorial services between the
University of the District of Columbia and Tyson Project Management Group, LLC (TPM). Included is the
Council Contract Summary and the “Proposed Multiyear Contract No. GF-2025-C-0020 with TPM Group LLC
Approval Resolution of 2025”.
Tyson Project Management Group, LLC, will be responsible for providing janitorial and related services across
approximately 1.2 million square feet of university p roperty beginning with a FY2026 b ase period cost of
$2,912,833.55 and four option years for a total cost no t to exceed $15,447,657.41. The University has sufficient
funding for the base year of the contract and projects similar availability regarding the four option years.
The contract is performance-based, with clear standards that allow the University to ensure the provision of
quality services.
I respectfully request the Council’s favorable consideration of the enclosed contract. Should you have
any questions, please contact Avis Marie Russell, General Counsel at 202-274-5604.
Sincerely,
Maurice Edington, Ph.D.
President
University of the District of Columbia
Enclosures
1
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement
Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Standard and multiyear)
(A) Contract Number: GF-2025-C-0020
Proposed Contractor: TPM Group, LLC
Contract Amount: $14,747,657.41
Cost Reimbursement: $700,000.00 (NTE $140,000.00 per year)
$15,447,657.41
Unit and Method of Compensation: US Dollars, Monthly Progress Payments
Term of Contract: Date of Award – Base Year, Plus Four (4) One Year
Options
Type of Contract: Firm Fixed Price Performance Based
Source Selection Method: Competitive Sealed Proposals
(B) For a contract containing option periods, the contract amount for the base period and for
each option period. If the contract amount for one or more of the option periods differs from
the amount for the base period, provide an explanation of the reason for the difference:
Base Period Amount: $2,772,833.55
$140,000.00
Option Period 1 Amount: $2,772,833.55
$140,000.00
Option Period 2 Amount: $2,918,245.84
$140,000.00
Option Period 3 Amount: $3,061,311.41
$140,000.00
Option Period 4 Amount: $3,222,433.06
$140,000.00
2
(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:
Goods and services to be provided: The contractor shall furnish all labor, materials, equipment,
and supervision to provide janitorial services to all of the University of the District of Columbia
facilities, including the New Student Center, which shall be maintained throughout the contract
period of performance at a quality level that supports the building receiving a LEED Platinum
rating.
(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 selection process was Competitive Sealed Proposals according to Title 8B DCMR §3017 and
Title 8B DCMR §3057 Contractor Responsibility.
On July 14, 2025, the UDC Office of Contracting and Procurement issued Request for Proposals
(RFP) No. GF -2025-R-0020 to purchase the services required. The RFP was designated to the
Small Business Enterprise (SBE) Market with a 35% Set Aside requirement for DC Department of
Small and Local Business Development (DSLBD) Certified Business Enterprises (CBE). It was
advertised in the Washington Examiner newspaper and posted on the UDC Website on July 10,
2025. There were two (2) amendments to the solicitation. Technical Proposal versus price is the
dominant consideration for an award.
Amendment No. 001 dated July 24, 2025, provided the University of the District of Columbia
(UDC)'s response to Offeror questions/clarifications regarding specific requirements that were
specified in the RFP. It also provided modifications to the solicitation.
Amendment No. 002, dated August 4, 2025, provided updates on requirements specified in the
RFP.
Proposals from the following were received on the due date and time of August 7, 2025, not later
than 2:00 p.m. Below is an abstract of the proposals accepted. It includes total prices for the base
year and four option periods.
Base + Four Option Years
Vendor Proposal Amount
Bailey’s Real Estate Holdings, LLC $15,782,194.16
RSC Electrical & Mechanical Contractor’s $14,570,400.00
Tyson Project Management Group, LLC $14,747,657.41
R&R Building Services $13,970,000.00
5th Element Consulting, LLC $17,595,344.50
3
Technical Evaluation
INITIAL FINAL COMBINED SCORE as of Date: 8-11-25
RANK CONTRACTOR
TECHNICAL
SCORE (MAX
= 80 PTS)
PRICE
SCORE
(MAX = 20
PTS)
LSDBE
POINTS
(MAX = 12
PTS) TOTAL
1
RSC Electrical & Mechanical
Contractors, Inc. 53.66 16.00 9 78.66
2 R & R Building Services 58.33 18.00 12 88.33
3 5th Element Consulting LLC 45.67 5.00 5 55.67
4
Bailey Real Estate Holdings,
LLC 59.66 10.00 4 73.66
5
Tyson Project Management
Group, LLC 65.33 15.00 9 89.33
BAFO CONSENSUS FINAL COMBINED SCORE as of Date: 8-26-25
RANK CONTRACTOR
TECHNICAL
SCORE (MAX
= 80 PTS)
PRICE
SCORE
(MAX = 20
PTS)
LSDBE
POINTS
(MAX = 12
PTS) TOTAL
1
RSC Electrical & Mechanical
Contractors, Inc. 56.33 16.00 9 81.33
2 R & R Building Services 60.00 18.00 12 90.00
3 5th Element Consulting LLC 51.00 5.00 5 61.00
4
Bailey Real Estate Holdings,
LLC 75.67 10.00 4 89.67
5
Tyson Project Management
Group, LLC 68.67 15.00 9 92.67
(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 is no protest related to the award of the 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:
4
• The CO reviewed the proposal submitted by Tyson Project Management Group, LLC and
determined that it has the necessary organizational experience, technical skills, accounting, and
operational controls to provide the contract's requirements.
• Tyson Project Management Group, LLC, has been providing services to the District since March
25, 2009.
• The proposed contractor EEO Employer Information Report and agreement to comply with the
requirements of Mayor's Order 85-85 was approved on October 24, 2025.
• The proposed contractor First Source Agreement was approved on November 17, 2025.
(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:
The CO determined that the company has a subcontracting plan that meets the 35% requirement.
(H) Performance standards and the expected outcome of the proposed contract:
The required performance standards under the proposed contract consist of strict adherence to the
terms and conditions of Request for Proposals No. GF-2025-R-0020, including the Standard
Contract Provisions for use with the Supplies and Services Contracts, March 2007.
(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:
There are no expenditures against this contract.
(J) A certification that the proposed contract is within the appropriated budget authority for the
agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:
The Chief Financial Officer for UDC has certified that the proposed contract is within the
appropriated budget authority for the agency for the fiscal years and is consistent with the financial
plan and budget adopted in accordance with §§47-392.01 and 47-392.02.
(K) A certification that the contract is legally enough, including whether the proposed contractor
has any pending legal claims against the District:
The UDC Office of General Counsel has deemed the proposed contract legally sufficient. UDC has
no knowledge of any claim(s) by Tyson Project Management Group, LLC against the District.
5
(L) A certification that Citywide Clean Hands database indicates that the proposed contractor is
current with its District taxes. If the Citywide Clean Hands Database indicates that the
proposed contractor is not current with its District taxes, either: (1) a certification that the
contractor has worked out and is current with a payment schedule approved by the District;
or (2) a certification that the contractor will be current with its District taxes after the District
recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b):
The Citywide Clean Hands report indicates Tyson Project Management Group, LLC is current with
its District taxes dated October 28, 2025.
(M) A certification from the proposed contractor that it is current with its federal taxes, or has
worked out and is current with a payment schedule approved by the federal government:
The Contractor has certified that Tyson Project Management Group, LLC is in compliance with
federal tax requirements.
(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.:
The contractor’s certification number is LSDZ78165092027.
(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:
Tyson Project Management Group, LLC is not listed on the Federal or District Excluded Parties
List.
(Q) Where the contract, and any amendments or modifications, if executed, will be made
available online:
https://www.udc.edu/procurement/capital-contract-awards/
(R) Where the original solicitation, and any amendments or modifications, will be made available
online:
https://www.udc.edu/solicitations/
1101 4th Street, SW
Washington, DC 20024
Date of Notice: October 28, 2025 L0015128515Notice Number:
FEIN: **-***9879
Case ID: 18764932
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
TYSON PROJECT MANAGEMENT GROUP, LLC
1301 K ST NW STE 403
WASHINGTON DC 20005-3317
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
Office of the General Counsel
4200 Connecticut Avenue NW, Bldg. 39, Room 301-R | Washington, DC 20008 | 202.274.5400 fax: 202-274-5320 | www.udc.edu
CERTIFICATE
To: The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
From: Avis Marie Russell
General Counsel
Re: Legal Sufficiency Certification – Approval of Proposed Contract No. GF -2025-C-0020
Janitorial Services between TPM Group LLC and the Board of Trustees of the University
of the District of Columbia
Date: November 21 , 2025
This is to certify that the Office of the General Counsel has reviewed the above-referenced Proposed
Contract No. GF-2025-C-0020 Janitorial Services between TPM Group LLC and the Board of Trustees
of the University of the District of Columbia and find it is legally sufficient subject to submission of any
required materials and Council approval.
If you have any questions, please do not hesitate to contact me on (202) 274-5604.
By: ___________________________
Avis Marie Russell
General Counsel
University of the District of Columbia
Offic
e of the Chief Financial Officer
4200 Conne
cticut Avenue N.W. | Building 39, 2nd Floor | Washington, DC 20008 | 202.274.5488 | udc.edu
TO: M
aurice Edington, Ph.D.
President
University of the District of Columbia
THRU
: Roy Layne
Chief Financial Officer
University of the District of Columbia
Office of the Chief Financial Officer, Education Cluster
FRO
M: Brian Connell
Budget Officer
University of the District of Columbia
Office of the Chief Financial Officer, Education Cluster
DATE: N
ovember 6, 2025
RE: F
unding Certification for FY26 Proposed Contract between the University of the
District of Columbia and Tyson Project Management Group, LLC (TPM Group
LLC).
This memorandum is to certify that the University has sufficient fund balance available in the
amount of $2,912,833.55 to satisfy the proposed cost of services with TPM Group LLC for
janitorial services in the FY26 Operating Budget and subject to the approval of related
budget authority for the University to expend its institutional funds in the FY 2027 budget
act. Funds are sufficient to satisfy proposed costs of $2,772,833.55 for the base period costs
for janitorial services and up to $140,000 in additional porter and janitorial services for
special events.
Should you require additional information, please contact me at 202-274-6057.
Fiscal Impact Statement
4200 Connecticut Avenue NW | Washington, DC 20008
TO: The Board of Trustees
FROM: Managing Director of Finance
DATE: November 13, 2025
SUBJECT: Janitorial Services Agreement – FY26-30 (Base Year Plus Four Option
Years)
Conclusion
It is concluded that the custodial contract with Tyson Project Management Group, LLC, will
incur costs to the University of the District of Columbia of an amount not to exceed
$15,447,657.41 over a period of five (5) years, commencing in FY26, with four option years.
The University has sufficient funding for the base year of the contract and projects similar
availability regarding the four option years.
Background
The process employed by the Office of Contracting and Procurement in awarding the contract
to Tyson Project Management Group, LLC, involved a competitive sealed proposal process.
Tyson Project Management Group, LLC ’s proposal was evaluated and deemed the most
responsive and responsible offer based on the evaluation criteria listed in the solicitation.
Tyson Project Management Group, LLC, will be responsible for providing janitorial services
across approximately 1.2 million square feet of university property . The contract is
performance-based, with clear standards that allow the University to ensure the provision of
quality services. For example, poor performance may result in a reduction in the contractor’s
payments. As a result, it is incumbent upon the contractor to maintain a standard of
performance that meets with the satisfaction of the University.
Fiscal Impact
The annualized costs for the janitorial contract include a cost-reimbursement component for
additional services for porter and janitorial services for special events with Tyson Project
Management Group, LLC, as outlined in Table 1. Over the base plus option period, the cost
reimbursement component for additional porter and janitorial services for special events
totals $700,000, or $140,000/year.
2
Table 1 – Contractual Terms of Janitorial Services Agreement
Contractual Terms of Janitorial Services Agreement
Base Year (FY26) $2,772,833.55
Porter Services $60,000.00
Special Events $80,000.00
Total $2,912,833.55
Option Year 1 (FY27) $2,772,833.55
Porter Services $60,000.00
Special Events $80,000.00
Total $2,912,833.55
Option Year 2 (FY28) $2,918,245.84
Porter Services $60,000.00
Special Events $80,000.00
Total $3,058,245.84
Option Year 3 (FY29) $3,061,311.41
Porter Services $60,000.00
Special Events $80,000.00
Total $3,201,311.41
Option Year 4 (FY30) $3,222,433.06
Porter Services $60,000.00
Special Events $80,000.00
Total $3,362,433.06
Grand Total $15,447,657.41
The financial impact to be borne by the University for each fiscal year ranges from
$2,912,833.55, including porter and special events janitorial services, in the Base Year (FY26)
to $3,362,433.06 in Option Year 4 (FY30). The total cost of the agreement across the five -
year period is an amount not to exceed $15,447,657.41.
Risks and Assumptions
Risk Assumptions Impacts
Monthly Late Payments
Late payments incur a penalty of 1% per month, in
accordance with the District Quick Payment Act.
Option Year Funding
Availability
The University has sufficient funding for the base year of the
contract and projects similar availability regarding the four
option years. That said, executing the remaining years of the
contract will be subject to funding availability.
3
As janitorial services are a critical need, the University will
exert all efforts to allocate future funds for those options years
as part of the budget development process.
GF-2025-C-0020, Janitorial Services
Pages Table of Contents
1 Office of Contracting and Procurement
Contract/Construction Contract 2 - 15
1a Solicitation (entire copy, with attachments) 16 -187
1b Amendments to the Solicitation 188 - 204
2 The Contractor’s Proposal/Bid/Response to Solicitation
(Original and/or Best and Final Offer)
205 -344
3 Certificate of Clean Hands 345 - 346
4 Office of Human Rights Approval
5 First Source Agreement Approval
347-348
349 Pending
6
7
Bidder Certification Form 351 - 355
8
Business License 356 - 357
9
Performance & Payment Bonds 358-363
10
SBE Subcontracting Plan 364 - 366
11
Certificate of Liability Insurance 367 -404
12
Living Wage Fact Sheet 405-407
13
Living Wage Notice 408 - 409
Government of the District of Columbia Standard Contract Provisions for
use with District of Columbia Government Supplies and Services
Contracts, dated March 2007
410 - 437
Contract
Page 1 of 13
‘/
NEGOTIATED S"E' RVICES CONTRACT NO.: GF-2025-C-0020
FOR JANITORIAL SERVICES
This Contract, Attachments incorporated by reference: (A) Government of the District of
Columbia Standard Contract Provisions for use with District of Columbia Government
Supplies and Services Contracts, dated March 2007 , (B) Request for Proposals No. GF -
2025-R-0020 and its Amendments, (C) Tyson Project Management Group , LLC, proposal
dated August 7, 2025, and BAFO response date August 13, 2025, as amended, submitted in
response to Request for Proposals No. GF -2025-R-0020, and entered this date of
______________________ by and between the University of the District of Columbia, a
public institution of higher education and independent agency of the District of Columbia
(hereinafter, called the "University") and Tyson Project Management Group, LLC
(hereinafter, the "Contractor") whose address is 1301 K Street NW, Suite 300 Washington,
DC 20005.
WITNESS ETH:
WHEREAS, the University requires performance based janitorial services for its facilities,
, to support the University of the District of Columbia's Office of the Vice President for
Office of Facilities and Real Estate Management, in the performance of its mission;
NOW, THEREFORE, the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE 1: - DESCRIPTION OF WORK:
The Contractor shall provide services as described in Request for Proposals number GF-2025-
R-0020 as amended and its proposal as amended and submitted in response and accepted by
the University.
ARTICLE 2 - GENERAL
2.1 With respect to all janitorial services and the porter services and special event services,
provided to the University upon its request (all collectively “Services”) , performed
under this Contract, the Contractor shall perform its S ervices consistent with the
professional skill and standard of care ordinarily required and provided by service
professionals practicing in the same or similar locality under the same or similar
circumstances on contracts with the same or similar scope. Th e Contractor shall be
responsible for the professional quality, technical accuracy, and the coordination of all
studies, reports, recommendations, and other deliverables furnished by the Contractor
under this Contract. The Contractor shall, without additional compensation, correct or
revise any non-conforming performance and/or deliverables that are a result of
unsatisfactory performance or errors in its studies, reports, recommendations and other
deliverables.
2.2 All performance, studies, reports, recommendations, and other deliverables are subject
to the review and approval of the Contract Administrator (CA). The Contractor shall
prepare, modify, and correct all such unsatisfactory performance or non -conforming
deliverables in enough detai l to secure such approval. All corrections shall be
documented by the Contractor to the CA and incorporated at each stage of review. One
as indicated in the Contractor's Technical proposal submitted August 7, 2025,
Page 2 of 13
"Performance Standard Chart". A copy of all documentation shall be submitted to the
Contracting Officer (CO). The University may deduct payment from the Contractor for
unsatisfactory performance according to the "Schedule of Prices for Building Cleaning
Deductions."
2.3 Neither the University's review, approval or acceptance of, nor payment for, any of the
Services required under this Contract shall be construed to operate as a waiver of any
rights under this Contract or of any cause of action arising out of the performance of
this Contract and the Contractor shall be and remain liable to the University in
accordance with applicable laws for all damages to the University caused by the
Contractor's negligent performance of any of the Services furnished under this
Contract.
2.4 During the performance of work under this Contract, the Contractor shall submit
each month to the CA two (2) copies of a progress report on the work performed
and challenges encountered, and corrective action plans, completely and clearly
stating the status of the Contractor's work under this Contract. One (1) copy of the
progress report shall be submitted to the CO. The proposed fund for this report shall
be submitted for review and approval prior to the first invoice for partial payment.
2.5 The Contractor shall take minutes of any meeting attended in connection with the
Services for the University including the recording of any decision that alters,
expands, or deletes of any provision which may affect the Contract obligation. One
(1) copy of the draft meeting minutes shall be submitted to the CA for comment
within 24 hours of the meeting. The CA shall submit comments on the draft minutes
to the Contractor within 48 hours of receipt. The Contractor shall submit the final
meeting minutes to the CA within 48 hours of receipt of CA’s comment with one
(1) copy to the CO.
ARTICLE 3 – INSURANCE
3.1 The Contractor shall procure and maintain during the entire period of performance
under this Contract, the types of insurance specified in Request for Proposals Number
GF-2025-R-0020, with the University added as an additional insured, and Waiver of
Subrogation applies in favor of the University of the District of Columbia f or all
claims made against the District . The Contractor shall have its insurance broker or
insurance company submit a Certificate of Insurance to the Contracting Officer
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 Contracting Officer. All insurance shall be written
with financially responsible companies authorized to do business in the District of
Columbia in the jurisdiction where the work is to be performe d and have an A.M.
Best Company rating of A - VIII or higher. The Contractor shall require all its
subcontractors to carry the same insurance required herein. The Contractor shall
ensure that all its policies provide that the Contracting Officer shall be given thirty
(30) days prior written notice in the event the stated limit in the declaration page of
the policy is reduced via endorsement or the policy is canceled prior to the expiration
date shown on the certificate. The Contractor/Insurance Company shall provide the
Contracting Officer with ten (10) days prior written notice in the event of non-
payment of premium.
3.2 COMMERCIAL GENERAL PUBLIC LIABILITY INSURANCE
LIABILITY).
Page 3 of 13
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
The Contractor shall provide evidence satisfactory to the Contracting Officer with
respect to the Services performed that it carries $1,000,000 per occurrence limits;
$2,000,000.00 aggregate; for Bodily Injury and Property Damage including but not
limited to: premises- operations; broad form property damage; Products and
Completed Operations; Personal and Advertising Injury; contractual liability and
independent contractors. The policy coverage shall include the University as an
additional insured, shall be primary and non-c ontributory with any other insurance
maintained by the University, and shall contain a wa iver of subrogation. The
Contractor shall maintain Completed Operations coverage for five (5) years
following final acceptance of the work performed under this Contract.
AUTOMOBILE LIABILITY INSURANCE . The Contractor shall provide
automobile liability insurance to cover all owned, hired or non- owned motor vehicles
used in conjunction with the performance of this Contract. This policy shall provide
a $1,000,000 per occurrence combined single limit for bodily injury and property
damage.
WORKERS' COMPENSATION INSURANCE . The Contractor shall provide
Workers' Compensation insurance accordance to the statues of the District of
Columbia, or the jurisdiction in which the work is performed.
EMPLOYER'S LIABILITY INSURANCE
The C ontractor s hall pr ovide employer's l iability insurance as f ollows:
$1,000,000.00 per accident for injury; $1,000,000.00 per employee for di sease; an d
$1,000,000.00 for policy disease limit.
UMBRELLA LIABILITY INSURANCE . The Contractor shall provide Umbrella
Liability Insurance according to the statues of the District of Columbia, including
$2,000,000.00 each occurrence and $2,000,000.00 aggregate.
PROFESSIONAL LIABILITY INSURANCE . The Contractor shall provide
Professional Liability insurance (Errors and Omissions) to cover liability resulting
from any error or omission in the performance of professional services under this
Contract. The policy shall provide limits of $1,000,000.00 per occurrence for each
wrongful act and $1,000,000.00 annual aggregate. The Contractor shall maintain
this insurance for five (5) years following the University's final acceptance of the
work performed under this contract.
CRIME INSURANCE (3RD PARTY INDEMNITY) - The Contractor shall provide
a 3rd Party Crime policy to cover the dishonest acts of Contractor's employees which
result in a loss to the University. The policy shall provide a limit of $50,000.00 per
occurrence. This coverage shall be endorsed to name the University as joint -loss
payee, as their interests may appear.
SEXUAL/PHYSICAL ABUSE AND MOLESTATION . The Contractor shall
provide evidence satisfactory to the Contracting Officer with respect to the S ervices
performed that it carries $1,000,000.00 per occurrence limits; $2,000,000.00
aggregate. The policy coverage shall include the University of the District of
Columbia as an additional insured. This insurance requirement will be considered
met if the general liability insurance includes sexual abuse and molestation coverage
for the required amounts.
ENVIRONMENTAL LIABILITY INSURANCE. The Contractor shall provide a
Page 4 of 13
policy to cover costs associated with bodily injury, property damage and remediation
expenses associated with pollution incidents including, but not limited to, mold, asbestos,
or lead removal. The policy shall provide a minimum of $1,000,000.00 in coverage
per incident and $1,000,000.00 aggregate.
3.11 EMPLOYMENT PRACTICES LIABILITY . The Contractor shall provide
evidence satisfactory to the Contracting Officer with respect to the operations
performed to cover the defense of employment related claims which the District of
Columbia would be named as a co- defendant in claims arising from: Discrimination,
Sexual Harassment, Wrongful Termination, or Workplace Torts. Policy shall include
the Client Company Endorsement for Temporary Help Firms and Independent
Contractors endorsement. The policy shall provide limits of $1,000,000.00 for
each wrongful act and $1,000,000.00 annual aggregate for each wrongful act. The
Contractor shall maintain this insurance for five (5) years following the University's
final acceptance of the work performed under this Contract.
3.12 DURATION. The Contractor shall carry all required insurance until all Contract
work is accepted by the University and shall carry the required General Liability; and
any required Professional Liability for five (5) years following final acceptance of the
work performed under this Contract.
3.13 LIABILITY. These are the required minimum insurance requirements established by
the University. However, the required minimum insurance requirements provided above
will not in any way limit the Contractor's liability under this contract.
3.14 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
University.
3.15 MEASURE OF PAYMENT. The University shall not make any separate measures
or payment for the cost of insurance and bonds. The Contractor shall include all the
costs of insurance and bonds in the contract price.
3.16 NOTIFICATION, The Contractor shall immediately provide the Contracting Officer
(CO) with written notice if its insurance coverage has or will be substantially
changed, canceled or not renewed, and provide an updated certificate of insurance to
the CO.
3.17 CERTIFICATES OF INSURANCE. The Contractor shall submit certificates of
insurance giving evidence of the required coverage as specified in the Insurance
Section prior to commencing work. Evidence of insurance shall be submitted to:
Mary Ann Harris, Chief Contracting Officer
Office of Contracts and Procurement University of the District of Columbia
4200 Connecticut Avenue, NW
Bldg. 39 Suite 200C
Washington, DC 20008
Email: mharris@udc.edu
Page 5 of 13
3.18 DISCLOSURE OF INFORMATION. The Contractor agrees that the University may
disclose the name and contact information of its insurers to any third party which
presents a claim against the University 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.
ARTICLE 4 - SUBCONTRACTING PLAN:
4.1 If the Contractor intends to subcontract under this agreement, it must subcontract at
least thirty-five percent ( 35%) of the dollar value of this Contract. Prior to
subcontracting any of the work, the Contractor shall submit a Subcontracting Plan
detailing that thirty-five percent ( 35%) of the work will be performed by certified
Small Business Enterprise (SBE) subcontractors only under the provisions of the
"Small, Local and Disadvantaged Business Enterprise Development and Assistance
Act of 2005" (the Act), Title II, Subtitle N, of the "Fiscal Year 2006 Budget Support
Act of 2005". The Contracting Officer's approval of the Contractor's Subcontracting
Plan is a condition for execution of the Contract.
4.2 The Contractor shall not make any changes to the Subcontracting Plan without prior
written approval of the CO. The approved plan will be incorporated into and become
a part of the Contract.
ARTICLE 5- SUBCONTRACTING REQUIREMENTS:
5.1 Mandatory Subcontracting Requirements
5.1.1 Unless the Director of the Department of Small and Local Business Development
(DSLBD) has approved a waiver in writing, all contracts in excess of Two Hundred
Fifty Thousand Dollars ( $250,000), at least thirty -five percent ( 35%) of the dollar
volume shall be subcontracted to certified small business enterprises (SBE's).
5.1.2 If there are insufficient qualified small business enterprises to completely fulfill the
requirement of paragraph 5.1.1, then the subcontracting may be satisfied by
subcontracting thirty-five percent (35%) of the dollar volume to any certified business
enterprises; provided, however, that all reasonable efforts shall be made to ensure that
qualified small business enterprises are significant participants in the overall
subcontracting work.
5.1.3 A prime contractor which is certified as a small local or disadvantaged business
enterprise shall not be required to comply with the provisions of sections 5.1.1 and
5.1.2.
5.1.4 Except as provided herein, 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 thirty-five percent (35%) of the contracting effort with
its own organization and resources and, if it subcontracts, thirty-five percent (35%) of
the subcontracting effort shall be with CBE's. A CBE prime contractor that performs
less than thirty -five percent ( 35%) of the contracting effort shall be subject to
enforcement actions under D.C. Official Code Section 2-218.63.
5.1.5 A prime contractor that is a certified joint venture and has been granted a bid preference
Page 6 of 13
pursuant to D.C. Official Code Section 2 -218.43, or is selected through a set -aside
program, shall perform at least fifty percent (50%) of the contracting effort with its own
organization and resources and, if it subcontracts, 35% of the subcontracting effort shall
be with CBE's. A certified joint venture prime contractor that performs less than fifty
percent (50%) of the contracting effort shall be subject to enforcement actions under
D.C. Official Code Section 2-218.63.
5.1.6 Each CBE utilized to meet these subcontracting requirements shall perform at least
thirty-five percent (35%) of its contracting effort with its own organization and resources.
5.1.7 A prime contractor that is a CBE and has been granted a bid preference pursuant to
D.C. Official Code Section 2-218.43, or is selected through a set-aside program, shall
perform at least fifty percent (50%) of the on-site work with its own organization and
resources if the Contract is one million dollars ($1,000,000) or less.
5.2 SUBCONTRACTING PLAN
If the prime contractor is required by law to subcontract under this Contract, it shall
subcontract at least thirty-five percent (35%) of the dollar volume of this Contract in
accordance with the provisions of section 5.1.1 The plan shall be submitted as part of
the bid and may only be amended with the prior written approval of the CO and
Director of DSLBD. Any reduction in the dollar volume of the subcontracted portion
resulting from an amendment of the plan shall ensure the benefit of the University.
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.
COPIES OF SUBCONTRACTS
Within twenty-one (21) days of the date of award, the Contractor shall provide fully
executed copies of all subcontracts identified in the subcontracting plan to the CO, CA,
District of Columbia Auditor and the Director of DSLBD.
Subcontracting Plan Compliance Reporting
(1) If the Contractor has a subcontracting plan required by law for this Contract,
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 Contract;
(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, it was not provided with an
earlier quarterly report.
(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.
I
Page 7 of 13
5.2.1 ANNUAL MEETINGS
Upon at least thirty (30) days written notice provided by DSLBD, the Contractor shall meet
annually with the CO, CA, District of Columbia Auditor and the Director of DSLBD to
provide an update on its subcontracting plan.
5.2.2 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.
5.2.3 ENFORCEMENT AND PENALTIES FOR BREACH OF SUBCONTRACTING PLAN
(1) A Contractor shall be deemed to have breached a Subcontracting Plan required by law, if the
Contractor (i) fails to submit subcontracting monitoring or compliance reports or other
required subcontracting information in a reasonably timely manner; (ii) submits a monitoring
or compliance report or other required information containing a materially f alse statement;
or (iii) fails to meet its subcontracting requirements,
(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 fine in accordance with D.C. Official Code Section 218.63.
(3) If the CO determines the Contractor's failure to be a material breach of the contract,
the CO shall have a cause to terminate the Contract under the default provisions in
Clause 8 of the SCP, Default.
ARTICLE 6- KEY PERSONNEL:
As part of this Contract, the Contractor shall retain the names of Key Personnel, as listed in
Tyson Project Management Group, LLC proposal dated August 7, 2025 as amended. No
substitution of any of the key personnel will be made by the Contractor without the prior
written consent of the CO. Before any such substitution, the Contractor shall submit to the
CO detailed justification supported by the qualifications of any proposed replacement.
ARTICLE 7 - DESIGNATED REPRESENTATIVE:
The Contractor shall place, in charge of the work to be performed under this Contract, a
designated representative, who shall be experienced in the categories of work listed in Article
1 and 2 of this Contract. This representative must be approved by the University and will be
the official representative of the Contractor for the purpose of receiving and carrying out the
instructions of the University and otherwise acting for the Contractor in any and all matters
arising under this Contract.
ARTICLE 8- PERSONNEL PERFORMANCE:
All Services under this Contract shall be performed in a competent and professional manner.
The University may, in writing, require the Contractor to remove from the work without
additional compensation any employee of the firm that the University reasonably deems
incompetent, careless, or otherwise objectionable, and to replace any such employee with
suitable personnel reasonably acceptable to the Contracting Officer (CO). The University
may also deduct from the Contractor's pay, to be passed on to the employee, for
Page 8 of 13
unsatisfactory work performance.
ARTICLE 9 - CONTRACTING OFFICER (CO):
9.1 In accordance with Title 8 B DCMR Section 3001 , contracts may be entered into
and signed on behalf of the University only by the CO. The address and telephone
number of the CO is:
Mary Ann Harris, Chief Contracting Officer
Office of Contracting and Procurement University of the District of Columbia
4200 Connecticut Avenue, NW Building 39,
Suite 200C Washington, DC 20008
(202) 274-5426
9.2 The Contract Administrator (CA) is responsible for general administration of the
Contract and advising the CO as to the Contractor's compliance or noncompliance
with the Contract. This includes the day-to -day monitoring and supervision of
performance of the Contract, of ensuring that the work conforms to the requirements
of this Contract and such other responsibilities and authorities as may be specified in
the Contract. The CA f or this Contract shall be appointed in writing by the
Contracting Officer who s hall notify the Contractor in writing regarding the
appointment and contact information.
9.3 The CA shall not have authority to make any changes in the Statement of Work,
other requirements, or terms and conditions of the Contract. The Contractor may be
held fully responsible for any changes not authorized in advance, in writing, by the
CO, and 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 University, to take all corrective action necessitated by reason of the
unauthorized changes.
ARTICLE 10- COST CONTROL:
The Contractor shall, by continued exercise of proper management techniques and by fiscal,
technical and professional surveillance of his sub-contracts, and all personnel assigned by the
Contractor and/or his subcontractors to the Contract, take all necessary or appropriate steps
to perform, or have performed, all Services described in this Contract and to complete the
work and/or Services to the satisfaction of the University.
ARTICLE 11- CONTRACT TYPE:
This is a Fixed Price Performance Based contract, with a cost reimbursement component
for the porter services and the special event services provided by the Contractor at the
University’s request.
ARTICLE 12 - INFORMATION FURNISHED AND WORK PERFORMED BY THE
UNIVERSITY:
The University will make available to the Contractor all information and records at
University's disposal which may affect the overall Contract. However, the University will
not be responsible for making available any information that is not at its disposal. It is the
responsibility of the Contractor to acquire such information within the limits of the
Contractor's scope of work.
ARTICLE 13 - TERM OF CONTRACT:
Page 9 of 13
The term of the Co ntract shall be for a base period of one (1) year from the date specified in
the Notice to Proceed, with four one-year options.
13.1 OPTION TO EXTEND THE TERM OF THE_CONTRACT
13.1.1 The University m ay extend the term of this Contract for a maximum of four (4) one-
year option periods and one four month option period, or successive fractions
thereof by written notice to the Contractor before the expiration of the Contract;
provided that the University will give the Contractor a preliminary written notice of
its intent to extend at least thirty (30) days before the Contract expires. The
preliminary notice does not commit the University to an extension. The Contractor
may waive the thirty (30) day preliminary notice requirement by accepting the extension
letter issued by the CO.
13.1.2
If the University exercises this option, the extended C ontract shall be
considered to include this option provision.
13.1.3
RESERVED
13.1.4
Exercising the option will be at the sole discretion of the University.
13.2 LENGTH OF CONTRACT
T
he total duration of this Contract, including the exercise of any options under section
F.2of the solicitation, shall not exceed five years.
AR
TICLE 14 - DELIVERABLES:
The Contractor shall submit reports in accordance with the requirements of
Request for Proposals No. GF-2025-R-0020 and perform the work as required
therein.
ART
ICLE 15- PRICE:
T
he Contract price shall not exceed fifteen million four hundred forty-seven thousand, six
hundred fifty-seven thousand dollars and forty-one cents ($15,447,657.41) for the one (1)-
year base period, and four (4) one (1)-year option periods.
Base Year
J
anitorial Services - Two Million Seven Hundred Seventy -Two Thousand Eight Hundred
and Thirty-Three Dollars and Fifty-Five Cents ($2,772,833.55)
U
niversity Requested Porter Services – an amount not to exceed ceiling of Sixty Thousand
Dollars ($60,000.00)
U
niversity Requested Special Events Services - an amount not to exceed ceiling of Eighty
Thousand Dollars ($80,000.00)
F
or a total for the Base Year: an amount not to exceed Two Million Nine Hundred Twelve
Thousand Eight Hundred and Thirty-Three Dollars and Fifty-Five Cents ($2,912,833.55)
O
ption Year-One
Janitorial Services - Two Million Seven Hundred Seventy -Two Thousand Eight Hundred
Page 10 of 13
and Thirty-Three Dollars and Fifty-Five Cents ($2,772,833.55)
University Requested Porter Services – an amount not to exceed ceiling of Sixty Thousand
Dollars ($60,000.00)
University Requested Special Events Services - an amount not to exceed ceiling of Eighty
Thousand Dollars ($80,000.00)
For a total for the Option Year-One: an amount not to exceed Two Million Nine Hundred
Twelve Thousand Eight Hundred and Thirty- Three Dollars and Fifty- Five Cents
($2,912,833.55)
Option Year-Two
Janitorial Services - Two Million Nine Hundred Eight een Thousand Two Hundred and
Forty-Five Dollars and Eighty-Four cents ($2,918,245.84).
University Requested Porter Services – an amount not to exceed ceiling of Sixty Thousand
Dollars ($60,000.00)
University Requested Special Events Services - an amount not to exceed ceiling of Eighty
Thousand Dollars ($80,000.00)
For a total for the Option Year-Two: For a total for the Base Year an amount not to exceed
Three Million Fifty-Eight Thousand Two Hundred and Forty-Five Dollars and Eighty-Four
Cents ($3,058,245.84)
Option Year-Three
Janitorial Services - Three Million Sixty-One Thousand Three Hundred Eleven Dollars and
Forty-One Cents ($3,061,311.41).
University Requested Porter Services – an amount not to exceed ceiling of Sixty Thousand
Dollars ($60,000.00)
University Requested Special Events Services - an amount not to exceed ceiling of Eighty
Thousand Dollars ($80,000.00)
For a total for the Option Year-Three: an amount not to exceed Three Million Two Hundred
and One Thousand Three Hundred Eleven Dollars and Forty-One Cents ($3,201,311.41).
Option Year-Four
Janitorial Services - Three Million Two Hundred Twenty-Two Thousand, Four Hundred
Thirty-Three Dollars and Six cents ($3,222,433.06).
University Requested Porter Services – an amount not to exceed ceiling of Sixty Thousand
Dollars ($60,000.00)
University Requested Special Events Services - an amount not to exceed ceiling of Eighty
Thousand Dollars ($80,000.00)
For a total for the Option Year-Four: Three Million Three Hundred Sixty-Two Thousand,
Four Hundred Thirty-Three Dollars and Six cents ($3,362,433.06).
ARTICLE 16 - INVOICE PAYMENT:
16.1 The University will make payments to the Contractor, upon the submission of proper
Page 11 of 13
invoices at the prices stipulated in this C ontract, for supplies delivered and accepted or
Services performed and accepted, less any discounts, allowances or adjustments
provided for in this Contract.
16. 1.1 The University will pay the Contractor on or before the 30th day after receiving a
roper invoice from the Contractor.
16. l.2 The University may deduct from payment according to the deduction table located in
Section 8 of Contractor’s proposal for unsatisfactory performance.
16.2 INVOICE SUBMITTAL
16.2.1 The Contractor shall submit proper invoices on a monthly basis or as otherwise specified
in Section G.2 of the solicitation. Invoices shal1 be prepared in duplicate and submitted
to the agency Chief Financial Officer with concurrent copies to the Contract
Administrator (CA). The address of the Chief Financial Officer (CFO) is:
University of the District of Columbia Office of the
Controller/Agency CFO Accounts Payable Division
4200 Connecticut Avenue NW
Bldg. 39 Suite 200B
Washington, D.C. 20008
16.2.1.1 To constitute a proper invoice, the Contractor shall submit the following information on
the invoice:
16.2.1.2 Contractor's name, federal tax ID and invoice date (date invoices as of the date of mailing
or transmittal).
16.2.1.3 Contract number and invoice number.
16.2.2.3 Description, price, quantity and the date(s) that the supplies or Services were delivered
or performed;
16.2.2.4 Other supporting documentation or information, as may be required by the
Contracting Officer, including but not limited to certified payroll II data.
16.2.2.5 Name, title, telephone number and complete mailing address of the
responsible official to whom payment is to be sent.
16.2.2.6 Name, title, phone number of persons preparing the invoice.
16.2.2.7 Name, title, phone number and mailing address of person to be notified in the event of
a defective invoice; and
16.2.2.8 Authorized signature.
ARTICLE 17 - QUICK PAYMENT CLAUSE:
17.1 Interest Penalties to Contractors
The University will pay interest penalties on amounts due to the Contractor under
the Quick Payment Act, D.C. Official Code §2-221.01 et seq., for the period
beginning on the day after the required payment date and ending on the date on which
payment of the amount is made. Interest shall be calculated at the rate of one percent
(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 3rd day after the required payment date for meat or a meat product;
the 5th day after the required payment date for an agricultural commodity; or the
15th day after the required payment date for any other item.
Page 12 of 13
Any amount of an interest penalty which remains unpaid at the end of any thirty (30)-
day period shall be added to the principal amount of the debt and thereafter interest
penalties shall accrue on the added amount.
17.2 Payments to Subcontractors
The Contractor must take one of the following actions within fifteen (15) days
of receipt of any amount paid to the Contractor by the University for work performed
by any subcontractor under a contract:
Pay the subcontractor for the proportionate share of the total payment received
from the University that is attributable to the subcontractor for work performed
under the Contract; or
Notify the University and the subcontractor, in writing, of the Contractor's
intention to withhold all or part of the subcontractor's payment and state the
reason for the nonpayment.
17.3 The Contractor must pay any subcontractor or supplier interest penalties on
amounts due to the subcontractor or supplier beginning on the day after the payment
is due and ending on the date on which the payment is made. Interest shall be
calculated at the rate of one (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 o r before:
the 3rd day after the required payment date for m eat or a meat product;
the 5th day a fter the required payment d ate for an agricultural commodity; or the 15 th
day after the required payment date for any other i tem.
17.4 Any amount of an interest penalty which remains unpaid by the Contractor at the
end of any thirty (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.
17.5 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 of Columbia
or University is a party. The District of Columbia or University may not be
interpleaded in any judicial or administrative proceeding involving such a dispute.
AR1
JCLE 18 - STANDARD CONTRACT PROVISIONS:
N otwithstanding anything in the RFP to the contrary, t he District of Columbia Standard
Contract Provisions for use with District of Columbia Government Supplies and
Services Contracts, dated March 2007, are incorporated into this Contract and made a
part hereof by reference.
ART
ICLE 19-INDEM1NITY:
T
he Contractor shall hold harmless and indemnify the District and the University,
and its directors, officers, employees, agents, representatives, and volunteers for
damages, expenses, and costs, including reasonable legal costs and expenses, to
Page 13 of 13
the extent caused by the Contractor's negligence in the performance of this
Contract, or any negligent act, error, or omission.
ARTICLE 20 - DOCUMENTS INCORPORATED REFERENCE AND ORDER OF
PRECEDENCE:
ORDER OF PRECEDENCE: Any inconsistency in this solicitation shall be resolved
by giving precedence in the following order.
1. Articles l through 19 of this Contract;
2. (Attachment A) District of Columbia Standard Contract Provisions for use with
District of Columbia Government Supplies and Services Contracts, dated March
2007;
3. (Attachment B) Request for Proposals No. GF-2025-R-0020 including Amendments;
4. (Attachment C) Tyson Project Management Group, LLC, technical and price proposal and
BAFO;
5. The Living Wage Act of 2006, a nd the Living Wage Act Fact Sheet , are set forth as
attachments, respectively and incorporated herein by reference.
6. Wage Determination dated April 25, 2025.
THIS CONTRACT shall ensure and be binding upon the parties hereto, heirs:
executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, that the authorized parties signed below hereby
execute this Contract as of the day and year first above written.
Witness: University or the District of Columbia,
a public educational institution and
independent agency of the District of Columbia
Mary Ann Harris
Chief Contracting Officer
Date
Witness: Tyson Project Management Group, LLC
Lincon Tyson
President
Date:
Solicitation
PROPOSAL SOLICITATION DOCUMENT
REQUEST FOR PROPOSAL NO. GF-2025-R-0020
AGENCY: University of the District of Columbia
P
ROJECT: Janitorial Services
L
OCATION: 4200 Connecticut Avenue, NW
Washington, DC 20008
T
o access our website, please go to:
https://www.udc.edu/about/administration/procurement/solicitations
F
orms | University of the District of Columbia | University of the District of Columbia
Janitorial Services GF-2025-R-0020
1
1. Solicitation No.
GF-2025-R-0020
2. Type
[] Sealed Bid
[x] Sealed Proposal
3. Date
Issu
ed
7/14/2025
Page
1 of 83
(not including cover page)
4. Contract Number 5. Requisition/Purchase Request No. 6.
[] Open Market with set aside for SBE
subcontracting (see Section M.1.6)
[x] CBE Set-Aside (See B.2 & Sec. M)
Mandatory 35% SBE subcontracting with
Section M.5.2
7. Issued By:
University of the District of Columbia
Office of Contracting and Procurement
4200 Connecticut Avenue NW Bldg. 39 Suite 200C
Washington, DC 20008
8. Address Bid To:
Mary Ann Harris, Chief Contracting Officer
c/o Michiko Gadson, Senior Contract Specialist
University of the District of Columbia
Office of Contracts & Procurement
4200 Connecticut Avenue NW Bldg. 39 Suite 200C
Washington, DC 20008
9. FOR
INFORMATION
CONTACT
A. Name
Michiko Gadson
B Telephone
202-274-5191
C. E-Mail Address
mgadson@udc.edu
IMPORTANT – The “Bidder” Section of this form must be completed by the Bidder
SOLICITATION
NOTE: In sealed proposal solicitations “proposal” mean “offer to provide good and/or services”
10. Sealed proposals in “original plus 4 copies” to perform the work required shall be received at the place specified in item 8, or hand carried to the
counter located at address shown in item 8 not less than 2:00 p.m. local time on August 4, 2025.
11.The University requires performance of work described in strict accordance with the following:
DESCRIPTION SECTION PAGE
Solicitation Proposal/Award Form A 1-2
Contract Type, Supplies or Services and Price/Cost B 4-10
Scope/Statement of Work C 11-33
Packaging and Markings D 34
Inspection and Acceptance E 35
Deliveries and Performance F 36-37
Contract Administration Data G 38-43
Special Contract Requirements H 44-56
Contract Clauses I 57-66
List of Attachments J 67
Representations, Certifications and Other Statements of Bidders K 68
Instructions to Bidders L 69-75
Evaluation Preference Points M 76-83
12. The contractor shall begin performance on the date specified in the written [] Award [ X] NTP (Notice to Proceed)
and complete all work not later than the date specified in the NTP. This period of performance is [ x] Mandatory [] Negotiable.
13. The contractor SHALL furnish a bid bond with bid submission, and performance and payment bonds (Attachment J.11) within 10 calendar days after
receiving the UDC Notice of Intent to Award.
14. Additional Solicitation Considerations
A. All bids are subject to the work requirements, provisions and clauses incorporated in this solicitation in full text or by reference.
B. A BID GUARANTEE [ X] is required [] is not required
PERFORMANCE AND PAYMENT BONDS are also required pursuant to Article 12 Sections A, B, and C of the Government of the
District of Columbia Standard Contract Provisions for use with District of Columbia Government Supplies and Services Contracts (March 2007).
Janitorial Services GF-2025-R-0020
2
UNIVERSITY OF THE DISTRICT OF COLUMBIA OFFICE OF CONTRACTING AND PROCUREMENT
Proposal (MUST BE FULLY COMPLETED BY OFFEROR PRIOR TO SUBMISSION TO UDC)
15. Name, Company Name and Address of Bid or/Bidder (with
zip code)
16. Telephone No.
( )
18. Remittance Address (if different
than item 15)
17. E-mail address
19. The bid or/bidder agrees to perform the work required at the prices specified herein and according to the BID SCHEDULE (Section B) and in strict
accordance with the terms of this solicitation, if this bid/bids is accepted by the University within calendar days after the date bids/bids are due.
20. The bid or/bidder agrees to furnish any required performance and payment bonds.
21. ACKNOWLEDGEMENT OF AMENDMENTS
The bid or/bidder acknowledges receipt of amendments to the solicitation (number and date each) See Section L.12
Amendment
Number
Date
22. Name and Title of Person authorized to sign
bid/bid (Type of Print)
22A. Signature 22B. Bid/Bid Date
AWARD (To be completed by the University)
23. Amount 24. Accounting and Appropriations data
25. PAYMENT WILL BE MADE BY:
Office of the Chief Financial Officer
4200 Connecticut Avenue NW
Washington, DC 20008
26. Submit invoices as instructed in Section G of this
solicitation (Contract Administration Data)
CHIEF CONTRACTING OFFICER WILL COMPLETE ITEM 27 OR 28 AS APPLICABLE
27. [] NEGOTIATED AGREEMENT (The Contractor is required to sign this
document and return copies to the issuing office. The Contractor agrees to
furnish and deliver all items or perform all work requirements for the
consideration stated in this contract. The rights and obligations of the parties of
this contract shall be governed by (a) this contract award, (b) the solicitation, and
(c) clauses, representations, certifications, and specifications incorporated by
reference in or attached to this contract.
28. [] AWARD (The contractor is not required to sign this
document). Your bid on this solicitation is hereby accepted. This
award consummates the contract which consists of (a) the
solicitation and your bid, and (b) this contract award. No further
contractual document is necessary.
29. Name and Title of Contractor of Person Authorized to sign (Type or
Print)
30. Name of CO (Type of Print)
29A. Signature 29B. Date 30A. Signature 30B. Date
UNIVERSITY OF THE DISTRICT OF COLUMBIA OFFICE OF CONTRACTING AND PROCUREMENT
Janitorial Services
3
SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST
B.1 The University of the District of Columbia's Office of Contracting and
Procurement's Capital Procurement Division, on behalf of Operations and
Maintenance of Campus Services Division, is seeking a responsive and responsible
contractor to provide Janitorial Services for the University campuses.
B.2 DESIGNATION OF SOLICITATION FOR THE SMALL BUSINESS SET
ASIDE MARKET ONLY
This RFP is designated only for certified small business enterprises (SBE) with a
requirement that 35% be subcontracted to a small business that is certified by the D.C.
Department of Small Local Business Development (DSLBD) unless the prime contractor
is certified and will perform 100% of the work. Applicable preference points for certified
small business enterprise (SBE) pursuant to the provisions of the “Small and Certified
Business Enterprise Development and Assistance Act of 2014”, D.C. Official Code § 2-
218.01 et seq., as amended, shall be applied to price evaluation. Bidders must provide
documentation with their bid submission that the certified small business identified in
their proposed Subcontracting Plan has agreed to be a part of the contract as stated in the
Plan. Bids responding to this RFP may be rejected if the bidder fails to submit a
subcontracting plan required by law. Bidders and their subcontractors may apply for
DSLBD certification online by going to https://dslbd.dc.gov and selecting “Get
Certified.” Questions about certification email should be directed to cbe.info@dc.gov.
B.3 The University contemplates aggregate award of a single fixed priced performance-
based with a Cost Reimbursement Component for Additional Porter and Janitorial
Services for Special Events.
Porter Services
ITEM DESCRIPTION BASE PERIOD
NOT-TO-EXCEED
CEILING
OPTION YEAR ONE
NOT-TO-EXCEED
CEILING
OPTION YEAR TWO
NOT-TO-EXCEED
CEILING
OPTION YEAR THREE
NOT-TO-EXCEED
CEILING
OPTION YEAR FOUR
NOT-TO-EXCEED
CEILING
REIMBURSABLE
SERVICES
SECTION
(C.4.6)
60,000.00
$60,000.00
$60,000.00
$60,000.00
$60,000.00
Special Events
ITEM DESCRIPTION BASE PERIOD
NOT-TO-EXCEED
CEILING
OPTION YEAR ONE
NOT-TO-EXCEED
CEILING
OPTION YEAR TWO
NOT-TO-EXCEED
CEILING
OPTION YEAR THREE
NOT-TO-EXCEED
CEILING
OPTION YEAR FOUR
NOT-TO-EXCEED
CEILING
REIMBURSABLE
SERVICES
SECTION
(C.4.6)
80,000.00
$80,000.00
$80,000.00
$80,000.00
$80,000.00
B.4 SCHEDULE DESCRIPTION
The Contractor shall furnish all management, labor, equipment, materials and
supplies necessary to provide janitorial services in accordance with Section C of
Janitorial Services
4
this solicitation and the portions of the offeror' s proposal accepted by the University.
The University intends to evaluate the price based on the total amount offered for
the base period and option years. See Section M.4.
Janitorial Services
5
BASE PERIOD
CLIN DESCRIPTION QTY.
NTE
UNIT
/MONTH
TOTAL
0001 The contractor shall provide
janitorial services in
accordance with Section C.
12 $ $
TOTAL PRICE IN WORDS FOR CLIN 0001:
CLIN DESCRIPTION QTY.
NTE
UNIT/MONTH TOTAL
0002 The contractor shall provide
janitorial services in
accordance with Section C.
12 $ $
TOTAL PRICE IN WORDS FOR CLIN 0002:
TOTAL PRICE FOR CLIN 0001 AND 0002 OF BASE PERIOD:
$
TOTAL PRICE IN WORDS:
Janitorial Services
6
OPTION YEAR ONE
CLIN DESCRIPTION QTY
NTE
UNIT/MONTH TOTAL
0001 The contractor shall provide
janitorial services in
accordance with Section C.
12 $ $
TOTALPRICE IN WORDS FOR CLIN 0001 FOR OPTION YEAR ONE:
CLIN DESCRIPTION QTY
NTE
UNIT/MONTH TOTAL
0002 The contractor shall provide
janitorial services in
accordance with Section C.
12 $ $
TOTAL PRICE IN WORDS FOR CLIN 0002 FOR OPTION YEAR ONE:
TOTAL PRICE FOR CLIN 0001 AND 0002 FOR OPTION YEAR ONE:
$
TOTAL PRICE IN WORDS:
OPTION YEAR TWO
Janitorial Services
7
CLIN DESCRIPTION QTY
NTE
UNIT/MONTH TOTAL
0001 The contractor shall provide
janitorial services in
accordance with Section C.
12 $ $
TOTALPRICE IN WORDS FOR CLIN 0001 FOR OPTION YEAR TWO:
CLIN DESCRIPTION QTY
NTE
UNIT/MONTH TOTAL
0002 The contractor shall provide
janitorial services in
accordance with Section C.
12 $ $
TOTAL PRICE IN WORDS FOR CLIN 0002 FOR OPTION YEAR TWO:
TOTAL PRICE FOR CLIN 0001 AND 0002 FOR OPTION YEAR TWO:
$
TOTAL PRICE IN WORDS:
Janitorial Services
8
OPTION YEAR THREE
CLIN DESCRIPTION QTY
NTE
UNIT/MONTH TOTAL
0001 The contractor shall provide
janitorial services in
accordance with Section C.
12 $ $
TOTAL PRICE IN WORDS FOR CLIN 0001 FOR OPTION YEAR THREE:
CLIN DESCRIPTION QTY
NTE
UNIT/MONTH TOTAL
0002 The contractor shall provide
janitorial services in
accordance with Section C.
12 $ $
TOTAL PRICE IN WORDS FOR CLIN 0002 FOR OPTION YEAR THREE:
TOTAL PRICE FOR CLIN 0001 AND 0002 FOR OPTION YEAR THREE:
$ _
TOTAL PRICE IN WORDS:
Janitorial Services
9
OPTION YEAR FOUR
CLIN DESCRIPTION QTY
NTE
UNIT/MONTH TOTAL
0001 The contractor shall provide
janitorial services in
accordance with Section C.
12 $ $
TOTALPRICE IN WORDS FORCLIN 0001 FOROPTIONYEAR FOUR:
CLIN DESCRIPTION QTY
NTE
UNIT/MONTH TOTAL
0002 The contractor shall provide
janitorial services in
accordance with Section C.
12 $ $
TOTAL PRICE IN WORDS FOR CLIN 0002 FOR OPTION YEAR FOUR:
TOTAL PRICE FOR CLIN 0001 AND 0002 FOR OPTION YEAR FOUR:
$
TOTAL PRICE IN WORD:
Janitorial Services
10
BASE + FOUR OPTION YEAR FOUR
TOTAL AMOUNT $_______________________
The maximum total price of this contract is the sum total of the price herein for
the base period and four option periods, or fractions thereof, as written below.
Janitorial Services
11
PART 1 - SECTION C - STATEMENT OF WORK
C.1 SCOPE
The Offeror shall submit a comprehensive proposal that will serve as the operational
blueprint for enhancing and maintaining the current quality of janitorial services across all
University of the District of Columbia (UDC) campuses. The proposal must demonstrate
the Offeror’s ability to deliver these services at a reasonable cost while achieving and
sustaining an above-satisfactory performance rating in all service areas throughout the
contract period.
A. The proposal should include a clearly identified section of the proposal outlines a
specific plan for providing janitorial services to the UDC Student Center. This plan
must include measures to support and maintain the building’s LEED Platinum
certification throughout the entire period of performance. The offeror shall be
responsible for providing comprehensive janitorial services, including porter
services, at all university campus locations. The Contractor must supply all
management personnel, labor, materials, supplies, and equipment necessary to
perform the services described in this RFP.
B. Although the CDC has lifted the precaution measures on COVID -19, the
Contractor shall provide deep, enhanced cleaning services on all high- touch
surfaces and areas, including but not limited to desks, computer mice and
keyboards, phones, lockers, cubbies, window sills and computer tops, door,
frames, doorknobs and push bars, elevator buttons, light switches, hand rails,
faucet and toilet handles, bathroom floors, toilet stall door locks, paper towel
dispensers, shower and locker room, office common areas.
C. The Contractor shall provide janitorial services, including porter services, in office
spaces, corridors, waste receptacles, entrances/exits of buildings, common areas,
laboratories, classrooms, conference rooms, restrooms, and other used areas
between 8:00 a.m. and 10:00 p.m. Monday through Friday (excluding Federal
holidays) and Saturdays 8:00-5:00 p.m. at the following locations listed under C.2
Requirements for CLIN 0001.
C.2 REQUIREMENTS FOR CLIN 000l
The offeror shall illustrate its understanding of the industry, needs of the University,
capability, and determination to always keep the University’s campuses at green quality by
submitting a comprehensive proposal that offers to be the best solution for always creating
and maintaining green quality cleanliness in high traffic volume higher educational buildings.
The Offeror proposal shall:
C.2.1 Provide an assessment of the janitorial needs in each building to be
served which are located at:
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12
C.2.1.1 UDC Eng. Addition Building 32 (include Saturdays)
4200 Connecticut Avenue
NW Washington, DC 20008
78,983 sqft
C.2.1.2 UDC Business/Student Gov. Building 38 (including Saturdays)
4200 Connecticut Ave NW
Washington DC 20008
115,308 sqft
C.2.1.3 UDC Administration Bldg. 39
4200 Connecticut Ave NW
Washington DC 20008
85,938 sqft
C.2.1.4 UDC Eng. Addition Building 42 (include Saturdays)
4200 Connecticut Avenue
NW Washington, DC 20008
78,983 sqft
C.2.1.5 UDC Auditorium Building 46E
4200 Connecticut Avenue
NW Washington, DC
20008
40,215 sqft
C.2.1.5 UDC Auditorium Building 46W
4200 Connecticut Avenue
NW Washington, DC 20008
23,040 sqft
C.2.1.6 E.B Henderson Sports Complex 47 (including Saturdays)
4200 Connecticut Avenue
NW Washington, DC 20008
93,805 sqft
C.2.1.7 UDC Law School Building 52 (including Saturdays)
4340 Connecticut Avenue
NW Washington, DC 20008
143,560 sqft
C.2.1.8 UDC Airport Hanger No. 2
National Airport Arlington,
VA 22202
12,000 sqft
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13
C.2.1.9 UDC Community College- Lamond Riggs (including Saturdays)
5 l 71 South Dakota Avenue NE
Washington, DC 20008
45,000 sqft
C.2.1.10 Firebird Farm
12001 Old Baltimore Pike
Beltsville MD
C.2.1.11 UDC Student Success Center Bldg. 70
4225 Connecticut Ave NW
Washington DC 20008
19,988
C.2.1.12 UDC Academic Bldg. 71 (including Saturdays)
4250 Connecticut Ave NW
Washington DC 20008
200,000
C.2.1.13 UDC Workforce Dev. Bldg. 72
3100 Martin Luther King Jr SE
Washington, DC 20008
78,985
C.2.2 Provide a corrective action chart, with timetables for completion, for the
findings in Section C.2.1.
C.2.3 Provide a chart of ongoing services to be provided, including description and
frequency, at each of the buildings above. Describe the frequency, method, and
cleaning tools and equipment, as well as the quantity and job title of staff assigned.
C.2.4 Provide a chart of measurable performance standards for each service offered;
for example - Excellent, Good, Satisfactory, and Unsatisfactory. Include a
measurable description of what constitutes each.
C.2.5 Provide a Deduction of Payment Schedule for unsatisfactory performance,
including recurring occurrences.
C.2.6 Provide response time to correction of reports of unsatisfactory performance.
C.2.7 Clearly describe a planned management approach and include:
C.2.7.1 Staff reporting and interaction with UDC personnel chart
C.2.7.2 Quality Control Plan
C.2.7.3 Number of employees, job description, and hourly rates of pay for each
Janitorial Services
14
task, or combination thereof, at each location.
C.2.7.4 Resumes of key personnel
C.2.7.5 At least two past performance evaluations and references from customers
to whom you have provided similar services during the past two years.
C.2.8 Provide an annual line-item budget that includes projected monthly payments, total
annual payments, and total contract amount.
C.3 REQUIREMENTS FOR CLIN 002
The offeror shall illustrate its understanding of the industry, needs of the University,
capability, and determination to always keep the University’s campuses at green
quality by submitting a comprehensive proposal that offers to be the best solution
for creating and maintaining Platinum LEED quality cleanliness. Below is a table
showing the approximate square footage of both interior and exterior spaces
associated with the Student Center that will require cleaning according to the
specifications for green cleaning janitorial services as required by the US Green
Building Council to attain LEED credits towards platinum certification (See
Attachment J.l.l).
C.3.1 UDC Student Center Bldg. 56
4200 Connecticut Ave NW
Washington DC 20008
Type of Space Area (SF) Area Type Flooring
Interior
11,150 Circulation Polished concrete
7.700 Offices/Workrooms Carpet Tile
2,000 Meeting and Conference
Rooms
Carpet Tile
4,800 Ballroom (Divisible into two
separate areas)
Carpet Tile
375 Warming Kitchen adjacent to
Ballroom
Warming
Kitchen
13,500 Open Lounge Spaces 30% Carpet Tile
70%
3,450 (2) Unisex Toilet Rooms, (I)
Men's and (1) Women's
Locker Room w/tile showers
and toilets
Ceramic and
Porcelain
4,500 Fitness Area 75% Rubber
Flooring
47,475 Total Interior SF Pavers
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15
23,000 Exterior paved Areas, Levels
I and 2
Pavers
Exterior
1,700 Level 3 Exterior Covered
Terrace
Pavers
24,700 Total Exterior SF
In addition to the above the Offerors’ proposal shall:
C.3.1 Provide an assessment of the janitorial needs in the Student Center.
C.3.2 Provide a corrective action chart, with timetables for completion, for the
findings in Section C.3.1.
C.3.3 Provide a chart of ongoing services to be provided, including description and
frequency, at each of the buildings above. Describe the frequency, method, and
cleaning tools and equipment, as well as the quantity and job title of staff
assigned.
C.3.4 Provide a chart of measurable performance standards for each service offered;
for example - Excellent, Good, Satisfactory, and Unsatisfactory. Include a
measurable description of what constitutes each.
C.3.5 Provide a Deduction of Payment Schedule for unsatisfactory performance,
including recurring occurrences.
C.3.6 Provide response time to correction of reports of unsatisfactory performance.
C.3.7 Clearly describe a planned management approach and include:
C.3.7.l
C.3.7.2
C.3.7.3
C.3.7.4
C.3.7.5
Staff reporting and interaction with UDC personnel chart
Quality Control Plan
Number of employees, job description, and hourly rates of pay for each
task, or combination thereof, at each location.
Resumes of key personnel
At least two past performance evaluations and references from
customers to whom you have provided similar services during the past
two years.
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16
C.3.8 Provide an annual line-item budget that includes projected monthly payments,
total annual payments, and total contract amount.
C.4 GENERAL REQUIREMENTS
In addition to the above, within five (5) days following receipt of Notice of Intent to
Award, the Contractor shall submit to the Contract Administrator (CA) the following
information on each prospective employee who may provide services under the contract:
a) Complete Name
b) Address
c) Social Security
d) Copy of valid ID
e) Security Check
A) The hours of operation of the University are between the hours of 8:00 a.m. through
10:00 p.m.. The Contractor shall perform the basic daily cleaning with two
shifts. The day shift (or first shift) begins from 8:00 a.m. to 5:00 p.m. ( second
shift) starts from 2:00 p.m. to 10:00 p.m. The first shift operates from Monday
to Saturday, and the second shift operates Monday to Friday.
C.4.1 Facilities and Locations
The Contractor shall provide janitorial services in office spaces, corridors, waste
receptacles, entrances/exits of buildings, common areas, laboratories, conference
rooms, classrooms, restrooms, and other used areas between 8:00 a.m. and 10:00
p.m. Monday through Friday (excluding Federal holidays) at the following
locations:
C.4.1.A UDC Van Ness campus (also referred to as the Main Campus in this solicitation)
located at 4200 4225, 4250, and 4340 Connecticut Avenue, NW Washington, DC,
consisting of the following thirteen (13) buildings:
1) Building #32 - Engineering Department
2) Building #38 - Business/Student Government/Services
3) Building #39- Administration
4) Building #42 - Math Department/Engineering Addition
5) Building #43 - Power Plant
6) Building #44 - Health Sciences
7) Building #46E - Auditorium
8) Building #46W - Music Department
9) Building #47 – E.B Henderson Sports Complex
10) Building #52 - Law School (located at 4340 Connecticut Avenue)
11) Building #56 – Student Center
12) Building #70 – UDC Student Success Center (located at 4225 Connecticut Avenue)
13) Building #71 – UDC Academic Hub (located at 4250 Connecticut Avenue)
The Main Campus also encompasses classrooms, laboratories, libraries, theatres, an
auditorium, a bookstore, a gymnasium, a cafeteria, administrative offices, a
Janitorial Services
17
maintenance shop, a health center, an amphitheater, a soccer field , a plaza deck, a
swimming pool, a 3 deck parking garages, walkways, warehouse as well as service
centers such as mail room and reproduction. The university has parking lots located
at 4225, 4250, 4340 Connecticut Ave NW, 5171 South Dakota Ave NE, and 3100
Martin Luther King Ave SE.
B) The University of the District of Columbia – Workforce Development at Old
Congress Heights - a single facility located at 3100 Martin Luther King Ave SE,
Washington, DC. The facility has three floors, each assigned for office use,
classrooms, and laboratories. The Old Congress Heights site also has large
hallways and spaces used for community meetings and related educational
functions.
C) The University of the District of Columbia - Community College (Lamond Riggs)
at Bertie Backus Middle School is an educational facility located at 5171 South
Dakota Avenue, NE, Washington, DC, equipped with classrooms, faculty and staff
offices, computer and nursing labs as well conference and/or meeting rooms.
Office floors are covered with carpet tiles, and the hallway is covered with
vinyl tiles.
D) One (1) building located at the Reagan National Airport, Hangar #2 - The
aeronautical engineering program at the airport has a finished concrete floor in the
workshop and at the hangar. The office floors are carpeted and the hallway
including the classrooms are covered with vinyl tiles. The rest room has capacity
to accommodate four people at a time.
E) UDC Firebird Research Farm -Two (2) trailers located at 12001 Old Baltimore
Pike Beltsville, MD, have restrooms and a training room.
C.4.2 Standard Services
The Contractor shall furnish all management, personnel, labor, materials, supplies,
and equipment to perform the services described in this section. The standard
services are included in the basic monthly price for each building.
C.4.2.1 General Requirement
The Contractor shall perform the following general services applicable to all
common areas in all locations:
C.4.2.1.1 Daily Services to Be Performed in All Buildings Restrooms:
Perform effective restroom cleaning procedures; remove harmful germs and bacteria
that may be present on door handles, fixtures, walls, floor and floor drains, and other
surfaces. All of these must be cleaned and disinfected with regularity daily to prevent
the spread of contagious illnesses. Since restrooms are heavily used, there must be a
schedule to ensure that they are refreshed frequently. Refresher schedules shall include
restocking of hand soap and hand sanitizer, toilet paper, and paper towels, as well as
spot cleaning where required. All bathrooms must be sanitized once a week using the
University sanitizing equipment. If the university-owned sanitizing equipment
Janitorial Services
18
becomes deficient, the Contractor must provide alternate sanitizing equipment. All
bathrooms at every campus location WILL be readily available for use at 8:30 a.m.
a. Clean daily: floors, countertops, basins, toilet partitions, toilets, urinals, light
switches, mirrors, doorknobs, and showers.
b. Disinfect floors, countertops, basins, toilets, urinals, and showers (if applicable)
daily (after cleaning)
c. Ensure floor drains are operating correctly.
d. Ensure mirrors, stainless steel casings, and polish surfaces are free from
smudges, water spots, and debris.
e. Maintain adequate supplies for soap dispensers, toilet paper dispensers, air fresheners,
paper towel dispensers, urinal screens, and toilet seat cover dispensers at all times.
(Minimum of 7-day inventory required for back stock).
f. Descaling shall be performed on toilet bowls and urinals as often as needed to keep
areas free of scale and other deposits. After decaling, surfaces shall be free from
streaks, stains, scale, scum, and rust stains.
g. Ensure the waste cans and other waste receptacles are emptied, cleaned,
lined, and sanitized as needed.
h. Enhanced cleaning of all bathrooms shall be performed three (3) times daily
and service dates and times must be documented.
Interior Space, Offices:
All interior spaces are to present a uniformly clean appearance. All vertical and
horizontal (fewer than 8ft in height) surfaces shall be dusted with a treated dust cloth.
All surfaces’ desks, counters, shall be free of dirt, dust and debris.
a. Glass surfaces (excluding exterior windows) shall be clean and free of smudges.
b. Furniture shall be free of obvious dust, dirt, and debris; Furniture should be realigned to the
original setting.
c. Carpets will be free of obvious spots and stains and shall be clean and free of dirt and debris.
d. Floors requiring a finish shall be maintained at a high luster and shall be free of all marks,
dirt and debris.
e. Wood paneling shall be free of soil substances, dust, streaks and spots.
Janitorial Services
19
f. Offices documents, furniture, and work environment shall not be disturbed by personnel
while performing services.
Classrooms, Lecture Halls, and Meeting Spaces
Whiteboards/Chalkboards shall be washed, and chalk trays cleaned. Furniture in
classrooms must be realigned in the original order. All chairs should face the
Whiteboard/Chalkboard except for one (l) table and one (I) chair placed in the front of
the blackboard facing all other chairs. Each computer desk shall be free of dust. All
floor surfaces shall be swept and mopped daily. The floor should be clear of obvious
dirt and debris. All Spots shall be removed.
Classrooms, lecture halls, and meeting spaces shall receive enhanced cleaning
after each use.
Note: Classroom schedules shall be provided.
Entrance, Corridors, and Lobby Areas shall receive enhanced cleaning twice daily
a. Lobby areas. The surface shall be free from litter, gum, dirt, dust, and debris during
school hours (8:00 a.m. – 10:00 p.m.) on weekdays (8:00 a.m. - 5:00 p.m.) on
Saturdays. Immediate areas outside the building entrances must be kept clear of
debris and noticeable dirt. Mats must be vacuumed and spot -cleaned (as needed).
Soil and moisture underneath the mats shall be removed, and the mats shall be
returned to their normal location.
b. Doors and Windows. Clean the interior of doors and windows at entrances and
spot-clean the exterior surfaces and glass as needed. After cleaning, there shall be
no traces of film, dirt, smudges, water, or other foreign matter during school hours.
Door handles should be cleaned frequently.
c. Corridors. The corridor shall present a clean appearance free from litter, dirt,
debris, empty boxes, and discarded items. Chairs and other furniture shall not be
stored in hallways. Cleaned corridors shall show no signs of liquid spillage, stains,
or foreign matter.
Drinking Fountain/ Hydration Stations
Drinking fountains shall be cleaned to be free of watermarks, debris, or encrustation
and shall be sanitized. Polished surfaces shall be wiped free from streaks, stains,
scale, scum, and rust stains. Drinking Fountains and Hydration stations
should receive enhanced cleaning twice daily.
Facility trash and recyclables
Facility trash shall be collected regularly (as necessary) from corridor waste centers
to ensure that trash and paper are not allowed to accumulate in overflow receptacles.
The university participates in a sustainability program that promotes recycling and
conservation. There are exceptions that require office suites to have larger trash cans
Janitorial Services
20
that the Contractor shall service. Dumpster sites shall be kept clean and orderly, and
trash shall not be allowed to blow around on the ground. Trash receptacles and waste
baskets shall be emptied daily to remove dirt, food, beverage spoilage, and odors.
Broken furniture, wooden pallets, and similar large objects must be discarded in the
roll off dumpsters provided by the university. Recycling materials (white paper
mixed paper, newspaper, and corrugated boxes and commingle (mixed) beverage and
food containers (i.e., glass and plastic bottles and aluminum and tin cans) from the
regular trash. Separation is intended for recyclable commodities to be kept in
containers that are different than the trash containers. Commingled bottles and cans
should NOT be mixed with recycled paper but placed in a separate container for
collection by the recyclable’s hauler. Recycling materials must be discarded in
dumpsters provided by the university. with signage ••recycling use only".
Note: Recyclables can be housed in centralized containers that are large white
corrugated boxes approximately 42" high holding white ledger paper and/or mixed
paper and smaller corrugated boxes approximately 18" high holding newspapers
within the interior spaces/ offices. The mentioned containers may also be composed
of plastic material. Descriptive labels in Spanish and English is required on all
containers used to transport trash and recyclables to the loading dock, designated
pick-up, or housing areas within each building.
Exterior Grounds, Sidewalks, Steps, and Parking Areas
Sidewalks, steps, parking areas, parking ramps, and parking garages shall be
cleaned daily and kept free from all debris from the grounds of each facility.
Elevators
All campus elevators are to be kept clean and free from loose debris. All graffiti,
smudges, soil substances, gum, and other foreign matters shall be removed
immediately upon discovery. Elevator door sills and cabin panels shall be wiped
and free from obvious issues.
Floors
All floor surfaces shall be swept and mopped daily. The floor should be clear of
obvious dirt and debris. All Spots shall be removed.
Wood - Including gym floors, the wood floors in common use may be either softwood
or hardwood, in a variety of widths, thicknesses, and designs, and they may be either
open-grain or closed-grain. Strip flooring is generally nailed to a wooded sub- floor;
parquet flooring is generally laid in mastic on top of the sub-floor. Unless the floor is
properly sealed, water will raise the grain and roughen the surface. Use of water for
cleaning is generally recommended unless used sparingly. Avoid strong cleaners.
Windows, Glass Doors, and Door Transoms (exterior and interior 8'ft and below)
Janitorial Services
21
Windows, Door Transoms, and Glass Doors shall be wiped and free from
smudges, streaks, fingerprints, taped signage, and other debris. Handicap
push buttons and push bars shall be cleaned three times daily.
Parking Garage/ Area
Parking Garage trash receptacles shall be emptied daily. Parking areas shall be
monitored for overflowing receptacles and loose trash and serviced accordingly.
Drains shall be kept clear of obstructions.
Plaza deck, Amphitheater, and Outdoor Fountains
The plaza deck is to be spot-swept and monitored for loose debris daily. The fountains
shall be screened, and loose trash removed. Trash receptacles are to be emptied, and
loose debris removed from all areas of the plaza deck. Amphitheaters shall be
monitored and serviced for trash and loose debris. All receptacles for trash shall be
emptied. Special emphasis shall be given to these areas during warm
weather due to increased usage.
Corridor Sanitizer Dispensers
All corridor sanitizer dispensers shall be serviced and refilled (if needed) with Purell
sanitizer. (provided by Janitorial contractor)
Lounges/Food Eating Areas
a. Clean daily: all floors, counter-tops, basins, equipment, light switches, and
doorknobs/ panic bars.
b. Disinfect floors, counter-tops, and basins daily (after cleaning)
c. Clean all surfaces that meet food consumption after each meal period or use; keep
free of food scraps and debris.
d. Clean tables and chairs (top and underside) after each meal or use; disinfect
after cleaning.
e. Keep floors clean, free of food scraps, debris, and any signs of bio-
contamination; clean at least once daily.
f. Ensure floor drains are operating properly and odor-free; flush clogged drains
with hot water to remove clog.
g. Trash receptacles are to be tightly covered and emptied at least once daily (or
when full); do not allow trash to overflow.
h. Microwaves are to be cleaned, wiped, and free from food scraps and debris.
C.4.2.1.2 Weekly Services to Be Performed in All
Janitorial Services
22
Buildings
I. Dusting
All horizontal and vertical light fixtures, as well as furniture surfaces under 7 feet
in height, shall be cleaned of obvious dust. This includes all tables in operational
areas and those located behind monitors. Generally, dusting with treated dust
cloth is required. Additionally, removing cobwebs along the ceiling, baseboards,
corners, floor corners, and windows is needed. All other windowsills shall be
periodically cleaned to maintain a dust-free appearance. Sofas, chairs, and tables
in the reception are as of office suites shall be cleaned and dusted as needed to
ensure a dust-free appearance. Fabric-covered sofas and chairs in the reception
areas should be vacuumed monthly. Main lobbies and high-traffic public use
areas shall be free of all paper, trash, empty bottles, and other discarded materials.
Wall-hung and floor-type trash receptacles shall be neat and presentable. There
shall be no evidence of wads of gum, spots of tar, or wet areas of any foreign
substances. Items such as credenzas, file cabinets, computer terminals, light
fixtures, tables, shelves, bookcases, storage lockers, handrails, pictures, clocks,
window blinds, ceiling fans, upper and lower vents, fire extinguishers boxes, etc.
II. Carpet Spot Cleaning and Office Vacuuming
All carpets shall be clean and free of dirt, debris, and obvious spots and stains.
Carpet spotting should be accomplished as needed. Vacuum all carpets and
floors, extending the vacuuming to remove obvious dirt from, around, and under
furniture. Moving som e furniture to a vacuum or an appropriate attachment to
the cleaner may serve this purpose. For this contract, whenever the term ‘carpet’
or ‘carpeting’ is used, it is intended to include wall-to-wall carpeting, as well as
room-size rugs and area rugs loca ted in walkways and foyers. Carpet surfaces,
including comers, shall be clean and free from dust balls, dirt, and other debris;
napping on carpets shall lie in one direction upon completion of the vacuuming
task. Main lobbies and high-traffic public areas shall be free from all loose soil,
sand, mud, and footprints and always present a neat appearance. Because these
are high-usage areas, the Contractor should be aware that it will be necessary to
vacuum these areas up to once a day.
These areas should be inspected each day to ensure they are presentable and
neat in appearance.
1. All areas accessible to the vacuum cleaner shall be vacuumed. Chairs, trash
receptacles, and easily removable items shall be moved to maintain floors
underneath.
2. Spot Carpet Cleaning - Excessive buildup or crusted material shall be
removed, along with spots, smears, and stains. There shall be no evidence
of fuzzing caused by harsh rubbing or brushing. Cleaned areas shall blend
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with adjacent areas of carpeting. Spots and stains that cannot be removed
and appear to be permanent must be brought to CA’s attention immediately.
3. All tears, burns, and unraveling shall be brought to the immediate attention
of the CA. Every effort shall be made to ensure that furniture and baseboards
are not struck by equipment. Any marks on such items shall be immediately
removed by the Contractor. The Contractor shall provide adequate clean
vacuum bags to minimize dust.
III. Elevator Cleaning
Each elevator should be cleaned weekly and should be taken out of the automatic
service mode prior to cleaning and then returned to the automatic service mode when
cleaning is completed. At no time should elevator doors be wedged open. All
horizontal and vertical surfaces and louvers shall be dusted with a treated dust cloth.
Any carpet within the elevators shall be vacuumed and spot-cleaned. Non-carpeted
floors shall be damp-mopped, spray-buffed, and door tracks cleaned. Walls shall be
spot-cleaned, and metal (stainless steel and brass) shall be polished. All light fixtures
shall be damp wiped. Elevator tracks and groves shall be cleaned with a machine
specially designed for removing all grit, sand, and other debris.
IV. Spray Buff Floors and Floor Care
Spray buffing shall be performed on floors in areas such as entrances, lobbies, main
corridors, hallways, and vending machine areas. Floors will be damp mopped and
serviced with a scrubber/polishing machine to preserve consistent high luster and
shine. Floors shall be free of streaks, mop strand marks, and skipped areas. There
shall be no build-up in corners or crevices. Walls, baseboards, and other surfaces
shall be free of finished residue and marks from the equipment. All floor areas must
be evenly coated. Spots and strains shall be eliminated. All areas accessible to floor
cleaning equipment shall be swept, mopped, and buffed. Chairs, trash receptacles,
and easily movable items shall be moved to maintain floors underneath.
V. Clean Stairways and Landings
All Stairway floor surfaces shall be swept, mopped, and cleaned in accordance with
the floor care schedule, as appropriate for floor covering. Grease, grime, gum, scuffs,
and other marks shall be removed from stair guards, handrails, and baseboards. The
Contractor shall remove all marks, dirt, smudges, scuffs, and other foreign matter
from adjoining stairwell walls to provide or maintain a clean, uniform appearance.
C.4.2.1.3 Monthly Task Performed
Auditorium Stage/ Gymnasium Floor
Floors shall be scrubbed with non-ammoniated, low suds cleaning solution.
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Classrooms/Meeting spaces/ Labs
Floors shall be damp mopped and serviced with a scrubber/polishing machine to
preserve the consistent high luster and shine. Floors shall be free of streaks, mop
strand marks, and skipped areas. There shall be no build up in corners or crevices.
Walls, baseboards, and other surfaces shall be free of finished residue and marks
from the equipment. All floor areas must be evenly coated. Spots and strains shall
be eliminated. All areas that are accessible to floor cleaning equipment shall be
swept, mopped, and buffed. All areas accessible to floor cleaning equipment shall
be swept, mopped, and buffed. Chairs, trash receptacles, and easily movable items
shall be moved to maintain floors underneath.
High Dusting/Cleaning
High cleaning shall include cleaning horizontal and vertical surfaces above 7' from
floor level, including all overhead piping and ceiling areas. All dust, lint, litter, and
soil shall be removed from all surfaces. Walls shall be free of dirt, smudges, and
markings. Ceilings are to be free of cobwebs and loose dirt.
Furniture/Desk Polishing
All wood surfaces, such as desks, credenza, bookshelves , etc., shall be
polished with a wood protector and/or finisher to enhance the luster and shine.
Baseboards/ Wall base/ Heaters
Baseboards/ Wall bases/ Heaters shall be dusted, wiped, and free of dirt, smudges,
and markings.
C.4.2.1.4 Semi-Annually Task Performed
Floor Care
Carpet cleaning shall be performed semi-annually as part of periodic deep-cleaning
services
or as requested for special needs. Services include thorough cleaning of carpeted areas
using industry-approved methods and equipment to remove embedded dirt, stains,
allergens, and odors, and to preserve the appearance and lifespan of the carpet.
Tile floor cleaning services shall be performed semi-annually to maintain the cleanliness,
safety, and appearance of all hard-surface flooring. Services include deep cleaning of
ceramic, porcelain, vinyl or other tile surfaces, including grout lines, using appropriate
cleaning methods, solutions, and equipment.
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C4.3 PORTER SERVICE:
The Contractor will provide five (5) porters during business hours (Monday through
Friday, 8:00 a.m. – 5:00 p.m.), excluding recognized holidays. A replacement is required
for assigned staff with absences or scheduled time off. Porters will perform specifi c
required services. Porters will provide services for all University facilities and campuses
as required by the CA. As Specified, porters may perform the following tasks but not be
limited to:
1. Remove and arrange office and classroom furniture, equipment, and
appliances, and move heavy equipment and machinery when assigned.
2. Assist in assembly and disassembly of furniture, furnishings, etc.
3. Clean graffiti from the interior and exterior surfaces of buildings. Provide special
cleaning before, during, and after special events. Perform other related duties as
assigned by the University’s Contract Administrator.
4. The Contractor shall provide the University’s Contract Administrator with a
daily roster of all porters available.
5. Perform warehouse duties, including palletizing materials, loading and unloading
trucks, and labeling items and property.
6. Assist maintenance personnel with special projects.
7. Porters shall not perform basic cleaning services daily to compensate for the
absence of cleaning personnel.
8. Perform conference-style set-ups for university functions. Arrangement of tables,
chairs, podiums, and other items used in group gatherings.
9. Porters shall power wash the plaza area, garage, walkways, and loading- -dock
area on a needed basis and assigned by the CA.
C.4.3.1 PORTER PERSONNEL REQUIREMENTS:
1. All porters must obtain UDC campus ID.
2. Successfully passed background screen and drug test.
3. Able to lift 50lbs (with proper lifting techniques).
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4. Always demonstrate UDC acceptable customer service skills at UDC
Facilities.
5. Provide and use safety equipment (eyewear, gloves, back-brace, earplugs,
kneepads, etc.).
6. Porters shall not perform porter services without receiving the proper work
order request form or authorization from the CA.
C.4.4 GREEN CLEAN PROGRAM (GCP)
C.4.4.1 Green Cleaning Initiative
There are two primary benefits to "green" cleaning methods. First, selecting products that do
not contain environmental contaminants reduces the ecological impact of cleaning products
that end up down the drain, and therefore, merging with the local water systems. Second,
cleaning practices that take environmental principles into account improve indoor air quality
for building occupants, faculty, and staff. The result is a decrease in building-related illness,
greater productivity, and reduced liability for the University. Green cleaning (housekeeping)
is shown to reduce suspended particles, volatile organic compounds, as well as bacteria and
fungi. The GCP also includes operational standards to ensure effective equipment
performance and some energy conservation. Training, involvement, and close collaboration
with student constituent groups, faculty, staff, and the community are also key components
of the program's promoting environmental principles beyond the college borders.
This plan serves two primary functions. This plan requires the vendor to inform and educate
the custodial operations staff on how to achieve "green cleaning/housekeeping"
requirements. The implemented plans serve as the US Green Building Council (USGBC)
LEED submittal to demonstrate that the intent for “green cleaning & housekeeping" IEQ
requirements of LEED have been met.
The University has stated the intent for a "green cleaning/housekeeping" innovation credit as
"Reduce exposure of building occupants and maintenance personnel to potentially hazardous
chemical, biological, and particulate contaminants that adversely impact air quality, occupant
well-being, and the environment. " The Custodial Operations department must demonstrate
that a "comprehensive green cleaning/housekeeping program is in place with clear
performance goals" to receive this innovation credit. To show that these requirements are
met, the USGBC requests and this plan provides the following:
1. Reducing chemical use
The goal is to minimize occupant and worker exposure to aggravating or harmful chemicals
released into the indoor environment during cleaning processes. Particular attention is given
to floor maintenance procedures that minimize or eliminate chemical use.
a. Apply durable floor finishes; deep scrub with floor cleaner and re -coat finish as necessary
(avoid the use of floor strippers);
b. Scrub floors regularly to remove dirt and embedded marks in floor finishes (to reduce the
need for stripping); perform floor scrubbing when students and other occupants are not
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present in the immediate area; and
c. Ensure cleaning schedule meets actual needs to avoid redundant cleaning.
d. Use microfiber mops and cloths that do not require application of chemicals
2. Staff Training
Training will be provided to all cleaning staff for all methods and products described within
this plan. A Safety Manual will be available on-site and accessible to all staff members. The
Safety Manual shall include contact information to direct product questions, emergency
contact for hazardous events (such as a spill), MSDS for all products, and step-by-step
instructions for proper use of each product (including use, dilution, and disposal). If the
cleaning staff is non-English speaking, then the Training and Safety Manual will have a
multi-lingual format. Training for proper use of specific products will be provided through
the product manufacturer or distributor if offered. Training will include, at a minimum:
a. General orientation
b. Review of this plan, including intent, procedures, and products; incorporated.
into semi-annual staff training
c. On-site supervised training
d. General cleaning practices and techniques
e. Use and care of housekeeping equipment and supplies
f. Housekeeping chemicals
g. Review of Safety Manual and where it is located for reference.
h. Review of universal warning symbols pertaining to hazardous substances and waste.
i. Instruction on how to read a material safety data sheet (MSDS)
Checklists will be provided and posted on- site for cleaning staff that describe procedural
requirements in accordance with this plan.
3. Requirements & Product Recommendations
Cleaning Practice Requirements
The university objectives for maintaining the interior space of facilities are to maximize the
amount of pollutants extracted, minimize worker/occupant exposure to harmful
contaminants and cleaning residues, minimize the amount of chemicals, particles, and
moisture accumulated and/or released into the air by the cleaning process, and dispose of
cleaning waste in an environmentally responsible manner.
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To ensure that these objectives are accomplished, the Contractor assigns:
a. Most cleaning duties and responsibilities in evening when there is a decrease in population,
except in daytime emergency situations. The primary cleaning is assigned to 2:00 p.m. to
10:00pm (2nd shift).
b. All cleaning procedures meet "green" or. eco-friendly" standards.
c. All chemicals are green seal certified (recommended).
d. The custodians have individual cleaning assignments, which allow them to be familiar with
the physical and environmental needs of the facility. This maximizes the quality, quantity,
and consistency of green building practices.
4.Product Dilution
a. Dilute all concentrated cleaning chemicals per manufacturer recommendations.
b. Use the lowest concentration possible for each application.
5. Reducing Dust and Dirt
The Contractor shall effectively dust, dust mop, and vacuum thoroughly to capture dust
particles and prevent them from circulating into the air, moving t0 other surfaces, or being
drawn into ventilation equipment.
a. Provide "walk off' mats at each outside door; vacuum and spot clean "walk off' entryway
mats daily and use carpet extractor with wand attachment weekly - proper and frequent
entryway cleaning reduces outdoor contaminants from being spread throughout the building,
which extends the longevity of the flooring systems and reduces the need for floor
maintenance tasks (such as stripping and applying additional coats of floor finish).
b. Replace mats when there is visible surface wear.
c. Vacuum or damp-mop instead of sweeping.
d. Use vacuum cleaners that meet the standards for CRI Green Label.
e. Change vacuum bags when they are 3/4 full check bags prior to each use.
f. Use a damp cloth or microfiber cloth to remove dust.
g. Use burnish or high-speed buffing machines that are equipped with vacuum attachments
and dust prevention skirts.
6. Reducing microbial growth
a. Wet-cleaning equipment for carpets should have high-quality extractors that leave
carpeting dry to prevent microbial growth.
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b. Apply disinfectants where/when required; allow 3-5 minutes for disinfectant to take
effect prior to cleaning.
c. Use all-purpose cleansers instead of bleach to remove microbes.
d. Change microfiber mops and cloths on a regular basis; at a minimum, replace mop
heads and clothes daily, wash and rinse thoroughly after each use, or when they
smell or show visible dirt, even when rinsed thoroughly.
e. Ensure that mops can dry completely between uses; mops should be hung in the
janitorial closet on hooks provided, not stored in buckets or slop sink.
f. Clean areas where water collects or condenses.
C.4.5 ADMINISTRATION
C.4.5.1 CONTRACTOR QUALITY CONTROL PLAN (OCP)
The Contractor shall develop and maintain a quality control plan to ensure janitorial services
are performed in accordance with university requirements and commonly accepted
commercial practices. The Contractor shall develop, implement, and submit procedures to
identify, prevent, and ensure non-occurrences of defective services. The Contractor shall build
quality assurance control procedures addressing all areas.
An inspection plan tailored to the specific cleaning tasks required shall be developed. The
inspection plan will detail how services at the work site will be inspected to ensure that the
outcome of the work meets all the quality standards of the Performance Task Schedule.
The Contractor shall develop a monitoring plan to identify any deficiencies in work output
related to the performance standards outlined in this contract, as well as methods for informing
employees of any shortcomings in their respective areas of responsibility. The plan will also
include a process to ensure that deficiencies are corrected and do not recur.
The Contractor shall maintain a file of all inspections conducted and any corrective actions
taken.
The QCP must always be kept up to date. The system must reflect all contract modifications,
changes to building(s), and physical updates to reflect those changes. A copy of the revised
QCP shall be provided to CA within 10 business days of changes.
The Contractor shall review the QCP with CA and the Contractor's employees once annually
so that said parties have an agreement and understanding of what performance is expected
under the conditions of this contract.
The Contractor shall provide the CA and Contracting Officer (CO) with a copy of the most
current QCP and updates.
Writing and monitoring the QCP is the responsibility of the Contractor. The university will
review and approve the plan and related documents. The university's interest in the plan is to
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ensure that the outcome and results of work performed meet all requirements of performance
within contract terms. Plans that are not approved will be returned to the Contractor for re -
submission. Revised QCP plans shall be re -submitted within 10 business d ays for approval.
If the Contractor cannot submit an acceptable QCP, they will be in default and will be
submitted to the Contracting Officer for compliance review.
C.4.5.2 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)
This Quality Assurance Surveillance Plan (QASP) was developed to evaluate Contractor
actions while implementing the Performance Work Statement (PWS). It is designed to provide
an effective surveillance method to monitor Contractor performance and services.
The Contractor, not University, is responsible for the management and quality control actions
to meet the requirements and terms of the contract. The role of the University is quality
assurance to ensure contract requirements and guidelines are achieved. T he Contractor's
Quality Control Plan is the driver for product quality and performance. The Contractor is
required to develop a comprehensive program of inspections and monitoring actions. The
Contractor must gain initial approval of the QCP within the 1st 30 days of the contract start
date. The University will identify standards and performance measures during that time. The
Contractor's QCP must include all elements of the Performance Work Statement. The CA will
inspect services using a checklist containing all elements of performance that are met in
accordance with the QCP.
Acceptance:
The University will periodically evaluate the Contractor's performance by appointing a
Contracting Administrator (CA) to monitor performance to ensure services are received. The
University representative will evaluate the Contractor's performance through inspections of
the Contractor's work and receipt of complaints. Suppose the University's inspections indicate
that work is not performed in accordance with contract specifications. In that case, the CA will
immediately notify the Contractor in writing and order rework and improvement in the quality
of work. All workmanship must meet university standards to be accepted. Work not accepted
by the University is not eligible for payment.
Inspections:
The University will conduct random and scheduled inspections for the quality of
workmanship and cleanliness of facilities. Inspections are not required to be
predetermined and/or attended by the Contractor. The requirement is to maintain
"Cleaning Level 2 or higher" in rated categories using a rating system.
The Contractor shall sign off and include a daily checklist verifying all services that
have been completed for that day and recorded in QCP plan files. The Contractor
shall not submit invoices until the University has accepted the work. The Contractor
shall submit the invoices/reports itemizing services performed to the CA monthly in
ARREARS. The University will inspect all areas to ensure the quality of services
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provided prior to certification of payment.
C.4.5.3 Facilities Operations Contractor Performance Rating System
Appearance Levels for UDC Educational Facilities By
LEVEL I-Orderly Spotlessness
• Floors and base moldings shine and/or are bright and clean; colors are fresh. There is no
buildup in corners or along walls.
• All vertical and horizontal surfaces have a freshly cleaned or polished appearance and have no
accumulation of dust, dirt, marks, streaks, m \smudges, or fingerprints. Light fixtures are clean.
• Washroom and shower fixtures and tile gleam and are odor-free. Supplies are adequate.
• Trash containers hold only daily waste, are clean and odor-free.
LEVEL 2- Ordinary Tidiness
• Floors and base moldings shine and/or are bright and clean; colors are fresh. There is no
buildup in comers or along walls, but there can be up to two days' worth of dust, dirt, stains,
or streaks.
• All vertical and horizontal surfaces are clean, but marks, dust, smudges, and fingerprints
are noticeable upon close observation. Light fixtures are clean.
• Washroom and shower fixtures and tile gleam and are odor-free. Supplies are adequate.
• Trash containers hold only daily waste are clean and odor-free.
LEVEL 3- Casual Inattention
• Floors are swept or vacuumed clean, but upon close observation, there can be stains. A
buildup of dirt and/or floor finish in corners and along walls can be seen.
• There are dull spots and/or matted carpets in walking lanes. There are streaks or splashes on
base molding.
• All vertical and horizontal surfaces have obvious dust, dirt, marks, smudges, and fingerprints.
Lamp fixtures are clean.
• Trash containers hold only daily waste, are clean and odor-free.
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LEVEL 4- Moderate Dinginess
• Floors are swept or vacuumed clean s, but are dull, dingy, and stained. There is a noticeable
buildup of dirt and /or floor finish in corners and along walls.
• There is a dull path and/or obviously matted carpet in the walking lanes. Base molding is dull and
dingy with streaks or splashes.
• All vertical and horizontal surfaces have conspicuous dust, dirt, smudges, fingerprints, and marks.
The lamp fixtures are dirty.
• Trash containers have old trash present. They are stained and marked. Trash containers smell sour.
LEVEL 5- Unkempt Neglect
• Floors and carpets are dull, dirty, dingy, scuffed, and/or matted. There is a conspicuous
buildup of old dirt and/or floor finish in corners and along walls. Base molding is dirty, stained ,
and streaked.
Gum, stains, dirt, dust balls, and trash are broadcast.
• All vertical and horizontal surfaces have major accumulations of dust, dirt, smudges, and
fingerprints, all of which will be difficult to remove. Lack of attention is obvious.
• Light fixtures are dirty with dust balls and flies.
• Trash containers overflow. They are stained and marked. Trash containers smell sour.
NOTE: Cleaning Level 2 is a reasonable standard.
Customer Complaints
The CA will document and validate all submitted complaints, referencing the PWS. The
Contractor will be allowed to respond to a complaint to CO/CA. All validated complaints must
be re-performed (if necessary) immediately. The Contractor will have three bus iness days to
correct validated complaints with CA approval before becoming default" and subject to
compliance review by the Contracting Officer. All validated complaints will be added to the
Contractor’s QCP files.
Key, Personnel
The following personnel are considered key personnel by the University:
Supervisor /Onsite Lead
The contractor shall provide a Supervisor /onsite lead who shall be responsible for the performance
of the work. The name of this person and an alternate who shall act for the contractor when the
manager is absent shall be designated in writing to the Cont racting Officer and CA. The
supervisor/onsite lead or alternate shall have full authority to act on behalf of the contractor in all
contract matters related to the daily operation of this contract. The Supervisor/Onsite Lead or
alternate shall be available on site (1 st and 2nd shifts) between 8:00 a.m. and 10:00 p.m., Monday
through Friday, except on Federal holidays or when university facilities are closed for administrative
reasons. The Supervisor/Onsite Lead must be available via phone after regular business hours, on
weekends, and on holidays for emergencies. Supervisor/Onsite Lead must have a LEED
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certification.
Supervisor/Onsite Lead Description:
Responsible for the overall management of the projects, tasks, QCP reporting, and employees.
Responsible to customers for the coordination and execution of assigned performance tasks. Jointly
assesses project/task status with University CA. Advises the Uni versity on matters of project
performance and administration. Provides full -service management duties and oversees assigned
employees. Performs and coordinates daily and long- range task requirements with University.
Ensures that contract requirements and deliverables in the quality assurance plan are addressed and
reported.
Objectives for the Supervisor/Onsite Lead:
Include, but are not limited to serve as the project manager/onsite lead for personnel, serve as
liaison between Contractor personnel and the Contract Administrator (CA), holds overall
responsibility of administrative matters including direct Contractor personnel, assign work to
specific personnel, deliverable schedule, complaint responses, and review work products to
ensure contract requirements are met.
Note: Key personnel will be screened and approved by the University before the start date. Any
changes in Key Personnel after the contract is awarded will be reviewed and approved by
University. The contractor must replace all key personnel within 15 calendar days of the position
vacancy. Alternates must meet qualifications.
C.4.6 Reimbursables
Additional Porter and Janitorial Services – Special Events
Additional porter and janitorial services required beyond standard business hours, including
evenings and weekends, shall be provided upon request. These services may include, but are not
limited to, support for special events, extended facility use, or increased occupancy demands.
Porter services requested in excess of the five (5) porters outlined in the base contract shall be
considered supplemental and billed as reimbursables. Janitorial support for special events,
including pre-event preparation, on-site service during the event, and post-event cleaning, will
also be provided on a cost-reimbursable basis, subject to prior authorization from the CA.
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SECTION D: PACKAGING AND MARKING
D.1 The packaging and marking requirements for this contract shall be governed by
clause number (2), Shipping Instructions -Consignment, of the Government of the
District of Columbia's Standard Contract Provisions for use with Supplies and
Services Contracts, dated July 2010. (Attachment J. l)
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SECTION E: INSPECTION AND ACCEPTANCE
E.1 The inspection and acceptance requirements for this contract shall be governed by
[clause number 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 20 l 0. (Attachment J.1)
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SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES
F.1 TERM OF CONTRACT
The term of the contract shall be for one year from the date specified in the Notice to
Proceed with the University’s option to extend for four (4) one-year period or a
fraction thereof.
F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT
F.2.1 The University may extend the term of this contract to a maximum of four (4),
one- year option periods, or successive fractions thereof, by written notice to the
Contractor before the expiration of the contract; provided that the University will
give the Contractor a preliminary written notice of its intent to extend at least
thirty (30) days before the contract expires. The preliminary notice does not
commit the University to an extension. The Contractor may waive the thirty (30)
day preliminary notice requirement by accepting the extension letter issued by
the CO.
F.2.2 If the University exercises this option, the extended contract shall be considered to
include this option provision.
F.2.3 The price for the option period shall be as specified in B.4 of the contract.
F.2.4 Exercising the option will be at the sole discretion of the University.
F.3 LENGTH OF CONTRACT
The total duration of this contract, including the exercise of any options under
F.2 shall not exceed five (5) years.
F.4 PROGRESS Reports
The Contractor is obligated to develop and submit to the CA all required reports
including progress reports, special reports, weekly and monthly reports as required by
the contract. The Contractor shall keep accurate and detailed written/computerized
records of the work performance during all stages. The Contractor shall maintain
frequent contacts by telephone, site visits, meetings with all parties involved in the
contract and submit a weekly written progress reports to the CA including but not
limited to:
1) information concerning the work of the contractor and sub-contractors;
2) percentage of completion;
3) number and amounts of modifications and claims;
4) analyses of the schedules, and other analyses necessary to compare actual
performance with planned performance.
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F.5 TYPE OF CONTRACT
F.5.1 This is a fixed price performance-based contract.
F.6 DELIVERABLES
The Contractor shall perform the activities required to successfully complete the
University's requirements and submit each deliverable to the Contract Administrator
(CA) identified in section G.9 in accordance with the following:
F.6.1 The Contractor shall submit to the University, as a deliverable, the report
described in section H. 5 of this contract that is required by the 51% District Residents
New Hires Requirement and First Source Employment Agreement for each TO that
is $ 100,000.00 and over. If the Contractor does not submit the report as part of the
deliverables, final payment to the Contractor may not be paid. (Refer to H.5).
F.6.2 The Contractor shall submit all reports in writings according to the
University required and approved schedules:
F.6.3 The Contractor shall submit a subcontracting plan (See §H.9.2 and Attachment
J.9) with its proposal for the CO's approval.
F.7 The Contractor shall submit to the University, 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 University shall not make final payment to the Contractor pursuant
to section G.3.2.
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SECTION G: CONTRACT ADMINISTRATION
G. l INVOICE PAYMENT
G.1.1 The University 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 pr ovided
for in this contract.
G.1.2 The University will pay the Contractor on or before the 30th day after receiving a
proper invoice from the Contractor.
G.2 INVOICE SUBMITTAL
G.2. l The Contractor shall submit proper invoices on a monthly basis or as otherwise
specified in Section G.4. Invoices shall be prepared in duplicate and submitted to the agency
Chief Financial Officer with concurrent copies to the Contract Administrator (CA)
specified in Section G.9. The address of the Chief Financial Officer (CFO) is:
University of the District of Columbia Office of the Controller/
Agency CFO Accounts Payable Division
4200 Connecticut Avenue NW
Bldg. 39, Suite 200B
Washington, D.C. 20008
G.2.2 To constitute a proper invoice, the Contractor shall submit the following
information on the invoice:
G.2.2.1 Contractor's name, federal tax ID and invoice date (date invoices as of the date of
mailing or transmittal);
G.2.2.2 Contract number and invoice number;
G.2.2.3 Description, price, quantity and the date(s) that the supplies or services were
delivered or performed;
G.2.2.4 Other supporting documentation or information, as may be required by the
Chief Contracting Officer, includes but is not limited to certified payroll data.
G.2.2.5 Name, title, telephone number and complete mailing address of the official
responsible to whom payment is to be sent;
G.2.2.6 Name, title, phone number of people preparing the invoice.
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G.2.2.7 Name, title, phone number and mailing address of person (if different from the
person identified in G.2.2.6 above) to be notified in the event of a defective invoice;
G.2.2.8 Authorized signature.
G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT
G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and First
Source Employment Agreement requirements, final request for payment shall be
accompanied by the report or a waiver of compliance discussed in section H.5.5.
G.3.2 The University shall not make final payment to the Contractor until the agency CFO
has received the Chief Contracting Officer's final determination or approval of waiver of the
Contractor's compliance with 51% District Residents New Hires Requirements and First
Source Employment Agreement requirements.
G.4 PAYMENT
Unless otherwise specified in this contract, payment will be made on partial deliveries
of good and services accepted by the University if:
G.4.1 The amount due on the deliveries warrants it; or
G.4.2 The contractor requests it and the amount due on the deliveries is in accordance with
the following:
G.4.2.1 Payment will be made on completion work and University acceptance
of each invoice for which the price is consistent with the price
Schedules approved by the University with the contractor's proposal
and consistent with that included in the Notice to Proceed and any
amendment thereto.
G.4.2.2 Payment will be made upon presentation of a properly executed invoice.
G.4.2.3 The University may request, and the Contractor shall provide
documentation to support all cost associated with its invoice, without
which the invoice is not proper.
G.5 ASSIGNMENT OF CONTRACT PAYMENTS
G.5.1 In accordance with 8 B DCMR 3059, the Contractor may assign to a bank, trust
company, or other financing institution funds due or to become due as a result of the
performance of this contract.
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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 shall refer to the assignment and shall show that payment
of the invoice is to be made directly to the assignee as follows:
"Pursuant to the instrument of assignment dated , make payment of this
invoice to (name and address of assignee)."
G.6 THE QUICK PAYMENT CLAUSE
G.6.1 Interest Penalties to Contractors
G.6.1. l The University will pay interest penalties on amounts due to the Contractor under
the Quick Payment Act, D.C. Official Code §2- 221.0 l et seq., for the period beginning on
the day after the required payment date and ending on the date on which payment of
the amount is made. Interest shall be calculated at the rate of l% 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:
a) the 3rd day after the required payment date for meat or a meat product;
b) the 5th day after the required payment date for an agricultural commodity; or
c) the 15th day after the required payment date for any other item.
G.6.1.2 any amount of an interest penalty which remains unpaid at the end of any 30 -day
period shall be added to the principal amount of the debt and thereafter interest penalties
shall accrue on the added amount.
G.6.2 Payments to Subcontractors
G.6.2. l The Contractor shall take one of the following actions within seven (7) days of
receipt of any amount paid to the Contractor by the University for work performed by
any subcontractor under this contract:
a) Pay the subcontractor for the proportionate share of the total payment received from the
University that is attributable to the subcontractor for work performed under the contract;
or
b) Notify the University and the subcontractor, in writing, of the Contractor's intention to
withhold all or part of the subcontractor's payment and state the reason for the
nonpayment.
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G.6.2.2 The Contractor shall pay any subcontractor or supplier interest penalties on
amounts due to the subcontractor or supplier beginning on the day after the payment is
due and ending on the date on which the payment is made. Interest shall be calculated
at the rate of I% per month. No interest penalty shall be paid on the following if payment
for the completed delivery of the item of property or service is made on or before:
a) the 3rd day after the required payment date for meat or a meat product
b) the 5th day after the required payment date for an agricultural commodity or
c) the 15th day after the required payment date for any other item.
G.6.2.3 Any amount of an interest penalty which remains unpaid by the Contractor at
the end of any 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 University is a party. The
District of Columbia may not be interpleaded in any judicial or administrative proceeding
involving such a dispute.
G.6.3 Subcontract requirements
G.6.3.1 The Contractor shall include in each subcontract under this contract a provision
requiring the subcontractor to include in its contract with any lower-tier subcontractor
or supplier the payment and interest clauses required under paragraphs (]) and (2) of D.C.
Official Code §2-221.02(d).
G.7 CHIEF CONTRACTING OFFICER (CO)
Contracts will be entered into and signed on behalf of the University only by Chief
Contracting Officers. The contact information for the Chief Contracting Officer is:
Mary Ann Harris, Chief Contracting Officer
Office of Contracting and Procurement
Address: 4200 Connecticut Avenue NW
Building 39, Suite 200C
Washington DC 20008
mharris@udc.edu
G.8 AUTHORIZED CHANGES BY THE CHIEF 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
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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 general administration of the contract and advising
the CO as to the Contractor's compliance or noncompliance with the contract. The
CA has the responsibility of ensuring the work conforms to the requirements of
the contract and such other responsibilities and authorities as may be specified in
the contract. These include:
G.9.1.1 Keeping the CO fully informed of any technical or contractual difficulties
encountered during the performance period and advising the CO of any potential
problem areas under the contract;
G.9.1.2 Coordinating site entry for Contractor personnel, if applicable;
G.9.1.3 Reviewing invoices for completed work and recommending approval by
the CO if the Contractor's prices and costs are consistent with the contractual
amounts and progress is satisfactory and commensurate with the rate of
expenditure;
G.9.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods
and services. This includes the timely processing of invoices and vouchers in
accordance with the University's payment provisions; and
G.9.1.5 Maintaining a file that includes all contract correspondence, modifications,
records of inspections (site, data, equipment) and invoice or vouchers. The contact
information for the CA is:
Andy Belachew, Project Manager
Operations and Facilities Maintenance
4200 Connecticut Avenue NW Washington, DC 20008
Email: abelachew@udc.edu
G.9.2 The CA shall NOT have the authority to:
1. Award, agree to, or sign any contract, delivery order or change to the contract terms and
conditions. 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
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contract,
4. Authorize the expenditure of funds by the Contractor;
5. Change the period of performance; or
6. Authorize the use of University property, except as specified under the contract.
G.9.3 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 University, to take all corrective action
necessitated by reason of the unauthorized changes.
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SECTION H: SPECIAL CONTRACT REQUIREMENTS
H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES
H.1.1 For all new employment resulting from this contract or subcontracts hereto, as
defined in Mayor's Order 83-265 and implementing instructions, the Contractor shall use
its best efforts to comply with the following basic goal and objectives for utilization of
bona fide residents of the District of Columbia in each project's labor force:
H.1.1.1 At least fifty -one (51) percent of apprentices and trainees employed shall be
residents of the District of Columbia registered in programs approved by the District of
Columbia Apprenticeship Council.
H.1.2 The Contractor shall negotiate an Employment Agreement with the Department of
Employment Services ("DOES") for jobs created as a result of this contract. The DOES
shall be the Contractor's first source of referral for qualified apprentices and trainees in the
implementation of employment goals contained in this clause.
H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS
The Contractor shall be bound by the Wage Determination No. 2015-4281 Revision
No. 33, dated 04/23/20205, 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 Section 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 PUBLICITY
The Contractor shall at all times obtain the prior written approval from the CO before the
Contractor, any of its officers, agents, employees or subcontractors, either during or after
expiration or termination of the contract, make any statement, or issue any material, for
publication through any medium of communication, bearing on the work performed or data
collected under this contract.
H.4 FREEDOM OF INFORMATION ACT
The District of Columbia Freedom of Information Act, at D.C. Official Code §2- 532 (a-3),
requires the District to make available for inspection and copying any record produced or
collected pursuant to a District contract with a private contractor to perform a public
function, to the same extent as if the record were maintained by the agency on whose
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behalf the contract is made. If the Contractor receives a request for such information, the
Contractor shall immediately send the request to the CA who will provide the request
to the FOIA Officer for the agency with programmatic responsibility in accordance with
the D.C. Freedom of Information Act. If the agency with programmatic responsibility
receives a request for a record maintained by the Contractor pursuant to the contract,
the CA will forward a copy to
the Contractor. In either event, the Contractor is required by Jaw to provide all responsive
records to the CA within the timeframe designated by the CA. The FOIA Officer for the
agency with programmatic responsibility will determine the releasability of the records. The
University will reimburse the Contractor for the costs of searching and copying the records
in accordance with D.C. Official Code §2-532 and Chapter 4 of Title 1 of the D.C. Municipal
Regulations.
H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST
SOURCEEMPLOYMENTAGREEMENT
H.5.1 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, (Section J.4) in which the Contractor shall agree
that:
(I) The first source for finding employees to fill all jobs created in order to perform this
contract shall be the DOES; and
(2) The first source for finding employees to fill any vacancy occurring in all jobs
covered by the First Source Employment Agreement shall be the First Source Register.
H.5.3 The Contractor shall submit to DOES, no later than the 10th of each month following
execution of the contract, a First Source Agreement Contract Compliance Report ("contract
compliance report") to verify its compliance with the First Source Agreement for the
preceding month. The contract compliance report for the contract shall include the:
(l) Number of employees needed.
(2) Number of current employees transferred;
(3) Number of new job openings created;
(4) Number of job openings listed with DOES;
(5) Total number of all District residents hired for the reporting period and the
cumulative total number of District residents hired; and
(6) Total number of all employees hired for the reporting period and the
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cumulative total number of employees hired, including:
(a) Name;
(b) Social security number;
(c) Job title;
(d) Hire date;
(e) Residence; and
(f) Referral source for all new hires.
H.5.4 If the contract amount is equal to or greater than $100,000, the Contractor agrees
that 51% of the new employees hired for the contract shall be District residents.
H.5.5 With the submission of the Contractor's final request for payment from the University,
the Contractor shall:
(1) Document in a report to the CO the Contractor's compliance with section H.5.4 of
this clause; or
(2) Submit a request to the CO for a waiver of compliance with section H.5.4 and include
the following documentation:
(a) Material supporting a good faith effort to comply;
(b) Referrals provided by DOES and other referral sources;
(c) Advertisement of job openings listed with DOES and other referral sources; and
(d) Any documentation supporting the waiver request pursuant to section H.5.6.
H.5.6 The CO may waive the provisions of section H.5.4 if the CO finds that:
(I) A good faith effort to comply is demonstrated by the Contractor;
(2) The Contractor is located outside the Washington Standard Metropolitan Statistical
Area and none of the contract work is performed inside the Washington Standard
Metropolitan Statistical Area which includes the District of Columbia; the Virginia Cities
of Alexandria, Falls Church, Manassas, Manassas Park, Fairfax, and Fredericksburg, the
Virginia Counties of Fairfax, Arlington, Prince William, Loudoun, Stafford, Clarke, Warren,
Fauquier, Culpeper, Spotsylvania, and King George; the Maryland Counties of
Montgomery, Prince Georges, Charles, Frederick, and Calvert; and the West Virginia
Counties of Berkeley and Jefferson.
(3) The Contractor enters into a special workforce development training or placement
arrangement with DOES; or
(4) DOES certifies that there are insufficient numbers of District residents in the labor
market possessing the skills required by the positions created as a result of the contract.
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H.5.7 Upon receipt of the Contractor's final payment request and related documentation
pursuant to sections H.5.5 and H.5.6, the CO shall determine whether the Contractor is in
compliance with section H.5.4 or whether a waiver of compliance pursuant to section H.5.6
is justified. If the CO determines that the Contractor is in compliance, or that a waiver of
compliance is justified, the CO shall, within two business days of making the determination
forward a copy of the determination to the agency Chief Financial Officer and the CA.
H.5.8 Willful breach of the First Source Employment Agreement, or failure to submit the
report pursuant to section H.5.5, or deliberate submission of falsified data, may be
enforced by the CO through imposition of penalties, including monetary fines of 5% of the
total amount of the direct and indirect labor costs of the contract. The Contractor shall
make payment to DOES. The Contractor may appeal to the D.C. Contract Appeals Board
as provided in this contract any decision of the CO pursuant to this section H.5.8.
H.5.9 The provisions of sections H.5.4 through H.5.8 do not apply to nonprofit organizations.
H.6 SECTION 504 OF THE REHABILITATION ACT OF 1973, as amended.
During the performance of the contract, the Contractor and any of its subcontractors
shall comply with Section 504 of the Rehabilitation Act of 1973, as amended. This Act
prohibits discrimination against disabled people in federally funded programs and
activities. See 29
U.S.C. § 794 et seq.
H.7 AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)
During the performance of this contract, the Contractor and any of its subcontractors
shall comply with the ADA. The ADA makes it unlawful to discriminate in employment
against a qualified individual with a disability. See 42 U.S.C. § 1210 l et seq.
H.8 WAY TO WORK AMENDMENT ACT OF 2006
H.8.1 Except as described in H.8.8 below, the Contractor shall comply with Title I of
the Way to Work Amendment Act of 2006, effective June 8, 2006 (D.C. Law 16-118,
D.C. Official Code §2-220.01 et seq.) ("Living Wage Act of 2006"), for contracts for
services in the amount of $100,000 or more in a 12-month period.
H.8.2 The Contractor shall pay its employees and subcontractors who perform services
under the contract no less than the current living wage published on the OCP website at
www.ocp.dc.gov.
H.8.3 The Contractor shall include in any subcontract for $15,000 or more a provision
requiring the subcontractor to pay its employees who perform services under the contract
no less than the current living wage rate.
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H.8.4 The DOES may adjust the living wage annually and the OCP will publish the
current living wage rate on its website at www.ocp.dc.gov.
H.8.5 The Contractor shall provide a copy of the Fact Sheet attached as J.6 to each employee
and subcontractor who performs services under the contract. The Contractor shall also
post the Notice attached as J.5 in a conspicuous place in its place of business. The
Contractor shall include in any subcontract for $15,000 or more a provision requiring
the subcontractor to post the Notice in a conspicuous place in its place of business.
H.8.6 The Contractor shall maintain its payroll records under the contract in the regular
course of business for a period of at least three (3) years from the payroll date and shall
include this requirement in its subcontracts for $15,000 or more under the contract.
H.8.7 The payment of wages required under the Living Wage Act of 2006 shall be
consistent with and subject to the provisions of D.C. Official Code §32-1301 et seq.
H.8.8 The requirements of the Living Wage Act of2006 do not apply to:
(l) Contracts or other agreements that are subject to higher wage level determinations
required by federal law.
(2) Existing and future collective bargaining agreements, provided, that the future collective
bargaining agreement results in the employee being paid no less than the established 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 of 2006.
(6) An employee under 22 years of age employed during a school vacation period, or
enrolled as a 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 he or she does not replace employees subject to the Living Wage
Act of 2006;
(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
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establishment did not receive direct government assistance from the District.
(8) Employees of nonprofit organizations that employ not more than 50 individuals and
qualify for taxation exemption pursuant to section 50l(c)(3) of the Internal Revenue
Code of 1954, approved August 16, 1954 (68A 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 mentally retarded persons as those terms
are defined in section 2 of the Health-Care and Community Residence Facility, Hospice, and
Home Care Licensure Act of l 983, effective February 24, 1984 (D.C. Law 5-48; D.C.
Official Code § 44- 501); and
(I 0) Contracts or other agreements between managed care organizations and the Health
Care Safety Net Administration or the Medicaid Assistance Administration to provide
health services.
H.8.9 The Mayor may exempt a contractor from the requirements of the Living Wage Act of
2006, subject to the approval of Council, in accordance with the provisions of Section 109
of the Living Wage Act of 2006.
H.9 SUBCONTRACTING REQUIREMENTS
H.9.1 Mandatory Subcontracting Requirements
H.9.1. l Unless the Director of the Department of Small and Local Business Development
(DSLBD) has approved a waiver in writing, all contracts in excess of $250,000, at least
35% of the dollar volume shall be subcontracted to certified small business enterprises
(SBE's).
H.9.1.2 If there are insufficient qualified small business enterprises 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 certified business enterprises; provided,
however, that all reasonable efforts shall be made to ensure that qualified small business
enterprises are significant participants in the overall subcontracting work.
H.9.1.3 A prime contractor which is certified as a small, local or disadvantaged business
enterprise shall not be required to comply with the provisions of sections H.9.1. l and
H.9.1.2.
H.9.1.4 Except as provided herein, 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 CBE's.
A CBE prime contractor that performs less than 35% of the contracting effort shall be subject
to enforcement actions under D.C. Official Code Section 2-218.63.
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H.9.1.5 A prime contractor that is a certified joint venture and has been granted a bid
preference pursuant to D.C. Official Code Section 2- 218.43, or is selected through a set -
aside program, shall perform at least 50% of the contracting effort with its own organization
and resources and, if it subcontracts, 35% of the subcontracting effort shall be with
CBE's. A certified joint venture prime contractor that performs less than 50% of the
contracting effort shall be subject to enforcement actions under D.C. Official Code
Section 2-218.63.
H.9.1.6 Each CBE utilized to meet these subcontracting requirements shall perform at
least 35% of its contracting effort with its own organization and resources.
H.9.1.7 A prime contractor that is a CBE and has been granted a bid preference pursuant to
D.C. Official Code Section 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 by law to subcontract under this contract, it shall
subcontract at least 35% of the dollar volume of this contract in accordance with the
provisions of section
H.9.1. The plan shall be submitted as part of the bid and may only be amended with the prior
written approval of the CO and Director of DSLBD. Any reduction in the dollar volume of
the subcontracted portion resulting from an amendment of the plan shall inure to the benefit
of the University.
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 twenty -one (21) days of the date of award, the Contractor shall provide fully
executed copies of all subcontracts identified in the subcontracting plan to the CO, CA,
District of Columbia Auditor and the Director of DSLBD.
H.9.4 Subcontracting Plan Compliance Reporting
(I) If the Contractor has a subcontracting plan required by law for this contract, the
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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 contract;
(B) A description of the goods procured, or the services subcontracted f or .
(C) The amount paid by the prime contractor under the subcontract; and
(D) A copy of the fully executed subcontract, it was not provided with an
earlier quarterly report.
(2) If the fully executed subcontract is not provided with the quarterly report, the prime
contractor will not receive credit toward its subcontracting requirements for that
subcontract.
H.9.5 Annual Meetings
Upon at least 30-days written notice provided by DSLBD, the Contractor shall meet
annually with the CO, CA, District of Columbia Auditor and the Director of DSLBD
to provide an update on its subcontracting plan.
H.9.6 Notices
The Contractor shall provide written notice to the DSLBD and the District of
Columbia Auditor upon commencement of the contract and when the contract
is completed.
H.9.7 Enforcement and Penalties for Breach of Subcontracting Plan
( l) A Contractor shall be deemed to have breached a subcontracting plan required
by law, if the contractor (i) fails to submit subcontracting monitoring or
compliance reports or other required subcontracting information in a
reasonably timely manner; (ii) submits a monitoring or compliance report or
other required information containing a materially false statement; or (iii)
fails to meet its subcontracting requirements,
(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 fine in accordance with D.C.
Official Code Section 218.63.
(3) If the CO determines the Contractor's failure to be a material breach of the
contract, the CO shall have a cause to terminate the contract under the default
provisions in clause 8 of the SCP, Default.
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H.9.8 Proposal responding to this RFP shall be deemed nonresponsive and shall be rejected
if the bidder is required to subcontract but fails to submit a subcontracting plan with
its bid. Once the plan is approved by the CO, changes to the plan will only occur
with the prior written approval of the CO and the Director of DSLBD. Each
subcontracting plan shall include the following:
H.9.8.1 A description of the goods and services to be provided by SBEs or, if
insufficient qualified SBEs are available, by any certified business
enterprises.
H.9.8.2 A statement of the dollar value of the proposal that pertains to the
subcontracts to be performed by the SBEs or, if insufficient qualified
SBEs is available, by any certified business enterprises;
H.9.8.3 The names and addresses of all proposed subcontractors who are SBEs
or, if insufficient SBEs are available, who are certified business enterprises;
H.9.8.4 The name of the individual employed by the prime contractor who will
administer the subcontracting plan, and a description of the duties of the
individual;
H.9.8.5 A description of the efforts the prime contractor will make to ensure that
SBEs, or, if insufficient SBEs are available, that certified business enterprises
will have an equitable opportunity to compete for subcontracts;
H.9.8.6 In all subcontracts that offer further subcontracting opportunities,
assurances that the prime contractor will include a statement, approved by
the Chief Contracting Officer , that the subcontractor will adopt a
subcontracting plan like the subcontracting plan required by the contract.
H.9.8.7 Assurances that the prime contractor will cooperate in any studies or
surveys that may be required by the Chief Contracting Officer , and submit
periodic reports, as requested by the Chief Contracting Officer , to allow the
University to determine the extent of compliance by the prime contractor
with the subcontracting plan;
H.9.8.8 A list of the type of records the prime contractor will maintain to
demonstrate procedures adopted to comply with the requirements set forth in
the subcontracting plan, and assurances that the prime contractor will make
such records available for review upon the University's request; and
H.9.8.9 A description of the prime contractor's recent effort to locate SBEs or, if
insufficient SBEs are available, certified business enterprises, and to award
subcontracts to them.
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H.9.10 Subcontractor Standards
H.9. l0. l A prime contractor shall ensure that subcontractors meet the criteria
for responsibility described in D.C. Official Code § 2-353.01.
H.10 UNIVERSITY RESPONSIBILITIES
The University shall conduct a pre -award survey to facilitate evaluation of the offeror’s
determination pursuant to the requirements of the Responsibility Standards and Special
Responsibility Standards herein. Non-responsible bidders shall be rejected.
H.11 CONTRACTOR RESPONSIBILITIES
H.11.1 The contractor shall provide support data "evidencing" that meets the General
Standards of Responsibility and the Special Standards of Responsibility listed in Sections
L.15 and L.16 of this solicitation. Bidder's failure to comply with this requirement shall
result in rejection of their bid.
H.11.2 The contractor shall give their subcontractors at every tier a copy of their payment
bond upon request.
H.12 CRIMINAL BACKGROUND CHECKS
The Contractor shall obtain criminal history records to investigate persons applying for
employment, in a compensated or an unsupervised volunteer position, as well as its current
employees and unsupervised volunteers. The Contractor shall request criminal background
checks for all employees and volunteers. The contractor shall inform all applicants requiring a
criminal background check that a criminal background check must be conducted on the
applicant before the applicant may be offered a compensated position or an unsupervised
volunteer position. The contractor shall obtain from each applicant, employee and unsupervised
volunteer:
A. A written authorization which authorizes the University to conduct a criminal background
check;
B. A written confirmation stating that the Contractor has informed him or her that the
University is authorized to conduct a criminal background check.
C. A signed affirmation stating whether or not they have been convicted of a crime, pleaded
nolo contend ere, or on probation before judgment or placement of a case upon a stet
docket, or have been found not guilty by reason of insanity, for any sexual offenses or
intra-family offenses in the District or their equivalent in any state or territory, or for any
of the following felony offenses or their equivalent in any state or territory:
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i. Murder, attempted murder, manslaughter, or arson;
ii. Assault, assault with a dangerous weapon, mayhem, malicious
disfigurement, or threats to do bodily harm;
m. Burglary;
iv. Robbery;
v. Illegal use or possession of a firearm;
vi. Sexual offenses, including indecent exposure; promoting, procuring, compelling, soliciting, or
engaging in prostitution; corrupting minors (sexual relations with children); molesting;
voyeurism; committing sex acts in public; incest; rape; sexual assault; sexual battery; or sexual
abuse; but excluding sodomy between consenting adults;
vii. Child abuse or cruelty to children; or
viii. Unlawful distribution of or possession with intent to distribute a controlled substance.
D. A written acknowledgement stating that the Contractor has notified them that they are entitled
to receive a copy of the criminal background check and to challenge the accuracy and
completeness of the report; and
E. A written acknowledgement stating that the Contractor has notified them that they may be
denied employment or a volunteer position or may be terminated as an employee or volunteer
based on the results of the criminal background check.
The Contractor shall inform each applicant, employee and unsupervised volunteer
that a false statement may subject them to criminal penalties.
Prior to requesting a criminal background check, the Contractor shall provide each
applicant, employee, or unsupervised volunteer with a form or forms to be utilized for
the following purposes:
A. To authorize the Metropolitan Police Department (MPD), or
designee, to conduct the criminal background check and confirm that
the applicant, employee, or unsupervised volunteer has been
information that the Contractor is authorized and required to conduct
a criminal background check.
B. To affirm whether or not the applicant, employee, or unsupervised
volunteer has been convicted of a crime, has pleased nolo contendere,
is on probation before judgment or placement of a case upon a stet
docket, or has been found not guilty by reason of insanity for any
sexual offenses or int ra- family offenses in the District or their
equivalent in any other state or territory of the United States, or for
any of the felony offenses described in paragraph 9C.
C. To acknowledge that the applicant, employee, or unsupervised
volunteer has been notified of his or her right to obtain a copy of the
criminal background check report and to challenge the accuracy and
completeness of the report.
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D. To acknowledge that the applicant may be denied employment,
assignment to, or an unsupervised volunteer position for which a
criminal background check is required based on the outcome of the
criminal background check; and
E. To inform the applicant or employee that a false statement on the form
or forms may subject them to criminal penalties pursuant to D.C.
Official Code §§22- 2405.
The Contractor shall direct the applicant or employee to complete the form or forms
and notify the applicant or employee when and where to report to be fingerprinted.
Unless otherwise provided herein, the Contractor shall request criminal background
checks from the Chief, (MPD (or designee), who shall be responsible for
conducting criminal background checks, including fingerprinting.
The Contractor shall request traffic record checks from the Director, Department of
Motor Vehicles (DMV) (or designee), who shall be responsible for conducting
traffic record checks.
The Contractor shall provide copies of all criminal background and traffic check
reports to the CA within one business day of receipt.
The Contractor shall pay for the costs for the criminal background and traffic record checks,
pursuant to the requirements set forth by the MPD and OMV. The University shall not make
any separate payment for the cost of criminal background and traffic record checks.
The Contractor may make an offer of appointment to, or assign a current employee or
applicant to, a compensated position contingent upon receipt from the CO of the CA's
decision after his or her assessment of the criminal background or traffic record check.
The Contractor may not make an offer of appointment to an unsupervised volunteer whose
position brings him or her into direct contact with children until it receives from the Chief
Contracting Officer the CA's decision after his case or her assessment of the criminal
background or traffic record check.
The Contractor shall not employ or permit to serve an unsupervised volunteer an applicant
or employee who has been convicted of, has pleased nolo contendere to, or is on probation
before judgment or placement of a case on the stet docket because of, or has been found not
guilty by reason of insanity for any sexual offenses involving a minor.
Unless otherwise specified herein, the Contractor shall conduct periodic criminal
background checks upon the exercise of each option year of this contract for current
employees and unsupervised volunteers.
An employee or unsupervised volunteer may be subject to administrative action including,
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but not limited to, reassignment or termination at the discretion of the CA after his or her
assessment of a criminal background check.
The CA shall be solely responsible for assessing the information obtained from each
criminal background and traffic records check report to determine whether a final offer may
be made to each applicant or employee. The CA shall inform the CO of its decision,
and the CO shall inform the Contractor whether an offer may be made to each applicant.
If any application is denied because the CA determines that the applicant presents a present
danger to children or youth, the Contractor shall notify the applicant of such determination
and inform the application in writing that she or he may appeal the denial to the Commission
on Human Rights within thirty (30) days of the determination.
Criminal background and traffic record check reports obtained under this section shall be
confidential and are for the exclusive use of making employment -related determinations.
The Contractor shall not release or otherwise disclose the reports to any person, except
as directed by the CO.
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SECTION I: CONTRACT CLAUSES
I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS
The Standard Contract Provisions for use with District of Columbia Government Supplies
and Services Contracts dated July 2010 ("SCP") are incorporated as part of the contract and
are attached as Attachment J.1.
I.2 CONTRACTS THAT CROSS FISCAL YEARS
Continuation of this contract beyond the current fiscal year is contingent upon future
fiscal appropriations.
I.3 CONFIDENTIALITY OF INFORMATION
The Contractor shall keep all information relating to any employee or customer of the
University in absolute confidence and shall not use the information in connection with any
other matters; nor shall it disclose any such information to any other person, firm or
corporation, in accordance with the District and federal laws governing the confidentiality
of records.
I.4 TIME
Time, if stated in several days, will include Saturdays, Sundays, and holidays, unless
otherwise stated herein.
I.5 RIGHTS IN DATA
I.5.1 "Data," as used herein, means recorded information, regardless of form or the media
on which it may be recorded. The term includes technical data and computer software. The
term does not include information incidental to contract administration, such as financial,
administrative, cost or pricing, or management information.
I.5.2 The term "Technical Data", as used herein, means recorded information, regardless of
form or characteristic, of a scientific or technical nature. It may, for example, document
research, experimental, developmental or engineering work, or be usable or used to define a
design or process or to procure, produce, support, maintain, or operate material. The data
may be graphic or pictorial delineations in media such as drawings or photographs, text in
specifications or related performance or design type documents or computer printouts.
Examples of technical data include research and engineering data, engineering drawings and
associated lists, specifications, standards, process sheets, manuals, technical reports, catalog
item identifications, and related information, and computer software documentation.
Technical data does not include computer software or financial, administrative, cost
and pricing, and management data or other information incidental to contract
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administration.
I.5.3 The term "Computer Software", as used herein means computer programs and
computer databases. "Computer Programs", as used herein means a series of instructions
or statements in a form acceptable to a computer, designed to cause the computer to execute
an operation or operations. "Computer Programs" include operating systems, assemblers,
compilers, interpreters, data management systems, utility programs, sort merge programs,
and automated data processing equipment maintenance diagnostic programs, as well as
applications programs such as payroll, inventory control and engineering analysis
programs. Computer programs may be either machine-dependent or machine-independent
and may be general purpose in nature or designed to satisfy the requirements of a user.
I.5.4The term "computer databases", as used herein, means a collection of data in
a form capable of being processed and operated on by a computer.
I.5.5 All data first produced in the performance of this Contract shall be the sole property of
the University. The Contractor hereby acknowledges that all data, including, without
limitation, computer program codes, produced by Contractor for the University under this
Contract, are works made for hire and are the sole property of the University; but, to the
extent any such data may not, by operation of law, be works made for hire, Contractor hereby
transfers and assigns to the University the ownership of copyright in such works, whether
published or unpublished. The Contractor agrees to give the University all assistance
reasonably necessary to perfect such rights including, but not limited to, the works and
supporting documentation and the execution of any instrument required to register
copyrights. The Contractor agrees not to assert any rights in common law or in equity in such
data. The Contractor shall not publish or reproduce such data in whole or in part or in any
manner or form, or authorize others to do so, without written consent of the University until
such time as the University may have released such data to the public.
I.5.6 The University will have restricted rights in data, including computer software and all
accompanying documentation, manuals and instructional materials, listed or described in
a license or agreement made a part of this contract, which the parties have agreed will
be furnished with restricted rights, provided however, notwithstanding any contrary
provision in any such license or agreement, such restricted rights shall include, as a
minimum the right to:
I.5.6.1 Use the computer software and all accompanying documentation and manuals or
instructional materials with the computer for which or with which it was acquired,
including use at any University installation to which the computer may be transferred by the
University;
I.5.6.2 Use the computer software and all accompanying documentation and manuals or
instructional materials with a backup computer if the computer for which or with which it
was acquired is inoperative;
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I.5.6.3 Copy computer programs for safekeeping (archives) or backup purposes; and
modify the computer software and all accompanying documentation and manuals or
instructional materials, or combine it with other software, subject to the provision that the
modified portions shall remain subject to these restrictions.
I.5.7 The restricted rights set forth in section I.5.6 are of no effect unless
(i) the data is marked by the Contractor with the following legend:
(ii) RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure is subject to restrictions No.
with (Contractor's Name); and stated in Contract
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(iii) If the data is computer software, the related computer software documentation includes
a prominent statement of the restrictions applicable to the computer software. The
Contractor may not place any legend on the computer software indicating restrictions on the
University's rights in such software unless the restrictions are set forth in a license or
agreement made a part of the contract prior to the delivery date of the software. Failure of
the Contractor to apply a restricted rights legend to such computer software shall relieve the
University of liability with respect to such unmarked software.
1.5.8 In addition to the rights granted in Section 1.5.6 above, the Contractor hereby grants
to the University a nonexclusive, paid- up license throughout the world, of the same scope
as restricted rights set forth in Section 1.5.6 above, under any copyright owned by the
Contractor, in any work of authorship prepared by the University under this contract.
Unless written approval of the Chief Contracting Officer is obtained, the Contractor sha11
not inc1ude in technical data or computer software prepared for or acquired by the
University under this contract any works of authorship in which copyright is not owned by
the Contractor without acquiring for the University any rights necessary to perfect a
copyright license of the scope specified in the first sentence of this paragraph.
1.5.9 Whenever any data, including computer software, are to be obtained from a
subcontractor under this contract, the Contractor shall use this clause, 1.5, Rights in
Data, in the subcontract, without alteration, and no other clause shall be used to enlarge
or diminish the University's or the Contractor's rights in that subcontractor data or computer
software which is required for the University.
1.5.10 For all computer software furnished to the University with the rights specified in
Section 1.5.5, the Contractor shall furnish to the University, a copy of the source code with
such rights of the scope specified in Section 1.5.5. For a11 computer software furnished to
the University with the restricted rights specified in Section 1.5.6, the University, if the
Contractor, either directly or through a successor or affiliate shall cease to provide the
maintenance or warranty services provided the University under this contract or any paid-up
maintenance agreement, or if Contractor should be declared bankrupt or insolvent by a
court of competent jurisdiction, shall have the right to obtain, for its own and sole use only,
a single copy of the then current version of the source code supplied under this contract, and
a single copy of the documentation associated therewith, upon payment to the person in
control of the source code the reasonable cost of making each copy.
1.5.11 The Contractor shall indemnify and save and hold harmless the University, 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.
1.5.12 Nothing contained in this clause shall imply a license to the University under any
patent or be construed as affecting the scope of any license or other right otherwise
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granted to the University under any patent.
1.5.13 Paragraphs 1.5.6, 1.5.7, 1.5.8, 1.5.11 and I.5.12 above are not applicable to
material furnished to the Contractor by the University and incorporated in the work
furnished under contract, provided that such incorporated material is identified by the
Contractor at the time of delivery of such work.
1.5 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 University employee.
1.6 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 University 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 University, the Contractor shall remain liable
to the University for all Contractor's work and services required hereunder.
1.7 INSURANCE
A. GENERAL REQUIREMENTS. The Contractor shall procure and maintain, during
the entire period of performance under this contract, the types of insurance specified
below. The Contractor shall have its insurance broker or insurance company submit a
Certificate of Insurance to the CO giving evidence of the required coverage prior to
commencing performance under this contract. In no event shall any work be performed
until the required Certificates of Insurance signed by an authorized representative of the
insurer(s) have been provided to, and accepted by, the CO. All insurance shall be written
with financially responsible compan ies authorized to do business in the District of
Columbia or in the jurisdiction where the work is to be performed and have an A.M. Best
Company rating of A VIII or higher. The Contractor shall require all its subcontractors
to carry the same insurance required herein. The Contractor shall ensure that all policies
provide that the CO shall be given thirty (30) days prior written notice in the event the
stated limit in the declarations page of the policy is reduced via endorsement or the
policy is canceled prior to the expiration date shown on the certificate. The Contractor
shall provide the CO with ten (10) days prior written notice in the event of non-payment
of premium.
I. Commercial General Liability Insurance. The Contractor shall provide evidence
satisfactory to the CO with respect to the services performed that it carries
$1,000,000 per occurrence limits; $2,000,000 aggregate; Bodily Injury and Property
Damage including, but not limited to: premises -operations; broad form property
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damage; Products and Completed Operations; Personal and Advertising Injury;
contractual liability and independent contractors. The policy coverage shall include
the District of Columbia as an additional insured, shall be primary and non-
contributory with any other insurance maintained by the District of Columbia, and
shall contain a waiver of subrogation. The Contractor shall maintain Completed
Operations coverage for five (5) years following final acceptance of the work
performed under this contract.
2. Automobile Liability Insurance. The Contractor shall provide automobile liability
insurance to cover all owned, hired or non- owned motor vehicles used in conjunction
with the performance of this contract. The policy shall provide a $1,000,000 per occurrence
combined single limit for bodily injury and property damage.
3. Workers' Compensation Insurance. The Contractor shall provide Workers'
Compensation insurance in accordance with the statutory mandates of the District of
Columbia or the jurisdiction in which the contract is performed.
4. Employer's Liability Insurance. The Contractor shall provide employer's liability
insurance as follows: $1,000,000 per accident for injury; $1,000,000 per employee
for disease; and
$1,000,000 for policy disease limit.
5. Umbrella or Excess Liability Insurance. The Contractor shall provide umbrella
or excess liability (which is excess over employer's liability, general liability, and
automobile liability) insurance as follows: $2,000,000.00 per occurrence, including
the District of Columbia as additional insured.
5. Professional Liability Insurance (Errors & Omissions). The Contractor shall
provide Professional Liability Insurance (Errors and Omissions) to cover liability
resulting from any error or omission in the performance of professional services
under this Contract. The policy shall provide limits of $1,000,000.00 per occurrence
for each wrongful act and $1,000,000.00 annual aggregate. The Contractor shall
maintain this insurance for five (5) years following the University's final acceptance
of the work performed under this contract.
6. Crime Insurance (3rd Party Indemnity). The Contractor shall provide a 3rd Party
Crime policy to cover the dishonest acts of Contractor's employees which result in a
loss to the University. The policy shall provide a limit of $50,000.00 per occurrence.
This coverage shall be endorsed to name the District of Columbia as joint-loss payee, as
their interests may appear.
7. Sexual/Physical Abuse & Molestation. The Contractor shall provide evidence
satisfactory to the Chief Contracting Officer with respect to the services performed that
it carries $1,000,000 per occurrence Limits; $2,000,000 aggregate. The policy coverage
shall include the University of Columbia as an additional insured. This insurance
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requirement will be considered met if the general liability insurance includes sexual
abuse and molestation coverage for the required amounts.
8. Environmental Liability Insurance. The Contractor shall provide a policy to cover
costs associated with bodily injury, property damage and remediation expenses
associated with pollution incidents including, but not limited to, mold, asbestos or lead
removal. The policy shall provide a minimum of $1,000,000.00 in coverage per incident
and $1,000,000.00 aggregate.
9. Employment Practices Liability. The Contractor shall provide evidence
satisfactory to the Chief Contracting Officer with respect to the operations
performed to cover the defense of employment related claims which the District of
Columbia would be named as a co-defendant in claims arising from: Discrimination,
Sexual Harassment, Wrongful Termination, or Workplace Torts. Policy shall
include the Client Company Endorsement for Temporary Help Firms and the
Independent Contractors Endorsement. The policy shall provide limits of
$1,000,000.00 for each wrongful act and $1,000,000.00 annual aggregate for each
wrongful act. The Contractor shall maintain this insurance for five (5) years
following the University's final acceptance of the work performed under this
contract.
B. DURATION. The Contractor shall carry all required insurance until all contract
work is accepted by the University and shall carry the required General Liability; any
required Professional Liability; and any required Employment Practices Liability
insurance for five (5) years following final acceptance of the work performed under this
contract.
C. LIABILITY. These are the required minimum insurance requirements established
by the District of Columbia. HOWEVER, THE REQUIRED MINIMUM
INSURANCE REQUIREMENTS PROVIDED ABOVE WILL NOT IN ANY WAY
LIMIT THE CONTRACTOR'S LIABILITY UNDER THIS CONTRACT.
D. 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 District of Columbia.
E. MEASURE OF PAYMENT. The University shall not make any separate measures
or payment for the cost of insurance and bonds. The Contractor shall include all the
costs of insurance and bonds in the contract price.
F. NOTIFICATION. The Contractor shall immediately provide the CO with written
notice if its insurance coverage has or will be substantially changed, canceled or not
renewed, and provide an updated certificate of insurance to the CO.
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G. CERTIFICATES OF INSURANCE. The Contractor shall submit certificates of
insurance giving evidence of the required coverage as specified in this section prior to
commencing work. Evidence of insurance shall be submitted to:
Mary Ann Harris, Chief Contracting Officer
Office of Contracts and Procurement
4200 Connecticut Avenue NW Building 39 Suite 200C
Washington, DC 20008
Email:mharris@udc.edu
H. DISCLOSURE OF INFORMATION. The Contractor agrees that the University may
disclose the name and contact information of its insurers to any third party which
presents a claim against the University 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.
1.8 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 given to any
offeror who has not satisfied the equal employment requirements.
I.10 ORDER OF PRECEDENCE
The contract awarded as a result of this RFP 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 for the use of Supplies and Services Contract
(4) Contract attachments other than the Standard Contract Provisions for the use with Supplies
and Services Contract
(5) RFP, as amended
(6) Proposal
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I.11 CONTRACTS IN EXCESS OF ONE MILLION DOLLARS
Any contract in excess of $1,000,000 shall not be binding or give rise to any claim or demand
against the University until approved by the Council of the District of Columbia and signed
by the CO.
I.12 GOVERNING LAW
This contract, and any disputes arising out of or related to this contract, shall be governed
by, and construed in accordance with, the laws of the District of Columbia.
I.13 CONTINUITY OF SERVICES
The Contractor recognizes that the services provided under this contract are vital to the
University and must be continued without interruption and that, upon contract expiration or
termination, a successor, the University of another Contractor, at the University's option,
may continue to provide these services. To that end, the Contractor agrees to:
I.13. l Furnish phase-out, phase in (transition) training; and
I.13.2 Exercise its best efforts and cooperation to affect an orderly and
efficient transition to a successor.
I.13.3 The Contractor shall, upon the CO's written notice:
I.13.3. l
I.13.3.2
I.13.3.3
I.l3.3.4
Furnish phase-in, phase-out services for up to 90 days after this contract expires
and
Negotiate in good faith a plan with a successor to determine the nature and extent
of phase-in, phase out services required. The plan shall specify a training
program and a date for transferring responsibilities for each division of work
described in the plan and shall be subject to the CO's approval.
The Contractor shall provide enough experienced personnel during the phase-in,
phase-out period to ensure that the services called for by this contract are
maintained at the required level of proficiency.
The Contractor shall allow as many personnel as practicable to remain on
the job lo help the successor maintain the continuity and consistency of the
services required by this contract. The Contractor also shall disclose necessary
personnel records and allow the successor to conduct on- site interviews with
these employees. If selected employees are agreeable to the change, the
Contractor them at a mutually agreeable date and negotiate transfer of their
earned fringe benefits to the successor.
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I.14 CANCELLATION CEILING
In the event of cancellation of the contract because of non- appropriation for any
subsequent fiscal years or any option years, there shall be a cancellation ceiling of
zero dollars and zero cents.
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SECTION J: ATTACHMENTS
The following list of attachments is incorporated into the solicitation by reference.
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
www.ocp.dc.gov click on "Solicitation Attachments"
J.2 U.S. Department of Labor Wage Determination No. 2015-4281
Revision No. 33 dated 04/25/2025
Contact Michiko Gadson mgadson@udc.edu
J.3 Office of Local Business Development Equal Employment Opportunity
Information Report and Mayor's Order 85-85 available at
www.ocp.dc.govclick on "Solicitation Attachments"
J.4
Department of Employment Services First Source Employment
Agreement available at www.ocp.dc.gov click on "Solicitation
Attachments"
J.5 Way to Work Amendment Act of 2006 - Living Wage Notice
J.6 Way to Work Amendment Act of2006 - Living Wage Fact Sheet
J.7 Tax Certification Affidavit
available at www.ocp.dc .gov click on "Solicitation Attachments"
J.8 Bidder/Offeror Certifications
available at www.ocp.dc .gov click on "Solicitation Attachments"
J.9 Subcontracting Plan
available at www.ocp.dc .gov click on "Solicitation Attachments"
J.10
Past Performance Evaluation Form
available at www.ocp.dc .gov click on "Solicitation Attachments"
J.11 Bond Forms
Contact Michiko
Gadson
mgadson@udc.edu
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SECTION K: REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OFBIDDERS
Offeror Certifications available at www.ocp.dc.gov click on "Solicitation Attachments"
and Attachment J.8.
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SECTION L: INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS
L.1 CONTRACT AWARD
L.1.1 Most Advantageous to the University
The University intends to make a single aggregate award from this solicitation to the
responsible offeror whose offer conforming to this solicitation will be most advantageous to
the University, cost or price, technical and other factors, specified elsewhere in this
solicitation considered.
L.1.2 Initial Offers
The District may award a contract based on initial offers received, without discussion.
Therefore, each initial offer should contain the offeror's best terms from the standpoint
of cost or price, technical and other factors.
L.2 PROPOSAL ORGANIZATION AND CONTENT
L.2.1 This solicitation will be conducted electronically. To be considered, the offeror shall
submit one technical proposal and one price copy of its proposal before the closing date and
time. Telephonic, telegraphic, and facsimile proposals shall not be accepted.
L.2.2 All attachments shall be submitted with the proposal. The University will not be
responsible for corruption of any documents submitted. If the submitted document cannot
be viewed as submitted, it will not be considered.
L.2.2 The Offeror shall label and submit its proposal in two parts: (l) technical proposal and
(2) price proposal.
L.2.3 Offerors are directed to the specific proposal evaluation criteria in Section M of this
solicitation, Evaluation factors. The Offeror shall respond to each factor in a way that will
allow the University to evaluate the Offerors response. The offeror shall submit information
in a clear, concise, factual and logical manner providing a comprehensive description of
services delivery thereof. The information requested for the technical proposal shall
facilitate evaluation of all proposals. The technical proposal must contain enough detail to
provide a clear and concise response fully reflecting the way the offeror proposes to fully
meet the requirements of Section C.
L.2.4 The bidder shall bid on all CLINs to be considered for this award. Failure to bid
on all CLINs will render the bid non-responsive and disqualify a bid.
L.2.5 The offeror shall complete, sign and submit all Representations,
Certifications and Acknowledgments as appropriate. Failure to do so may result in a
bid rejection.
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L.2.6 The District will reject as non-responsive any proposal that fails to include a
subcontracting plan that is required by law.
L.3 FAMILIARIZATION WITH CONDITIONS
Offerors shall thoroughly familiarize themselves with the terms and conditions of this
solicitation, acquainting themselves with all available information regarding difficulties
which may be encountered and the conditions under which the work is accomplished.
Bidders will not be relieved from assuming all responsibility for properly estimating the
difficulties and the cost of performing the services required herein due to their failure to
investigate the conditions or to become acquainted with all information, schedules and
liability concerning the services to be performed.
L.4 PRE-PROPOSAL CONFERENCE
There will be a virtual pre-proposal conference on Wednesday, July 16, 2025, at 1:00 p.m. at
the following location:
Teams Meeting – Dial In: 1-206-413-8593
Need Login information – Conference ID: 880-718-211#
Join the meeting now
Meeting ID: 236 445 845 722
Passcode: Du7zx2U9
Dial in by phone
+1 206-413-8593,,880718211# United States, Seattle
Find a local number
Phone conference ID: 880 718 211#
L.5 PROPOSAL SUBMISSION
L.1.1 Proposals must be submitted no later than 2:00 p.m. local time on Monday, August 4,
2025, to Michiko Gadson via email at mgadson@udc.edu.
Addressed to: Mary Ann Harris, Chief Contracting Officer
University of the District of Columbia Office of Contracts & Procurement
4200 Connecticut Avenue, N.W., Bldg. 39, Suite 200C
Washington DC 20008
NOTE: "Proposal in Response to Solicitation No.; GF-2025-R-0020, “Janitorial Services”
Offerors shall submit one (1) signed original of their proposal. Submissions should be delivered
via email to Michiko Gadson at mgadson@udc.edu.
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Part I – Technical Proposal
The Technical Proposal must contain sufficient detail to provide a clear and concise
response fully reflecting the manner in which the offeror proposes to fully meet the
requirements in Section C. The offeror shall respond to each factor listed in Sections
M.3.1 in a way that will allow the University to evaluate the offeror’s response.
Part II – Financial Proposal
• Completed Financial Bid Form – (Attachment J.10)
• Descriptive Financial Proposal in accordance with Section L.2.6
• Completed Attachments J.3, J.4, J.7, J.8, J.9, J.10, and J.11
L.6 WITHDRAWAL OR MODIFICATION OF BIDS
An offeror may modify or withdraw its proposal at any time before the closing date and
time for receipt of proposal.
L.7 LATE SUBMISSIONS, LATE MODIFICATIONS, AND LATE WITHDRAWALS
L.7.1 Late Submissions
The University will not accept late proposals or modifications to proposal after the closing
date and time for receipt of proposals.
L.7.2 Late Modifications
A late modification of a successful proposal which makes its terms more favorable to the
University may be considered at any time it is received and may be accepted.
L.8 ERRORS IN PROPOSALS
Offerors are expected to read and understand fully all information and requirements contained in
the solicitation; failure to do so will be at the offeror's risk. In the event of a discrepancy between
the unit price and the total price, the unit price shall govern.
L.9 QUESTIONS ABOUT THE SOLICITATION
If a prospective offeror has any questions related to this solicitation, the prospective offeror shall
submit the question in writing to the contact person identified on the front page of the solicitation.
The prospective offeror should submit questions by 4:00 p.m. on Monday, July 21, 2025. The
University may not consider any questions received more than two days after the date set for the
pre-proposal conference. The University will furnish responses via a written amendment from the
Chief Contracting Officer. Oral explanations or instructions given by University officials or others
to offerors before proposal submission or the award of the contract will not be binding.
L.10 PROPOSAL PROTESTS
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Any actual or prospective offeror or contractor who is aggrieved in connection with the solicitation
or award of a contract shall file with the Chief Contracting Officer at the University of the District
of Columbia a protest within seven (7) working days after the protestor knew or should have
known, whichever is earlier, of the facts and circumstances upon which the protest is based. The
protest filed with the CCO shall identify the solicitation or contract number and include the
protestor's name, address, and phone number. A protest based on alleged improprieties in a
solicitation that is apparent at the time set for receipt of initial proposals shall be filed with the
Board before the time set for receipt of initial proposals. In procurements in which proposals are
requested, alleged improprieties that do not exist in the initial solicitation but are subsequently
incorporated into the solicitation must be protested no later than the next closing time for receipt
of proposals following the incorporation. The protest shall be filed in writing with the University
of the District of Columbia, 4200 Connecticut Avenue, N.W., Room 200C, Washington, D.C.
20008.
L.11 ACKNOWLEDGMENT OF AMENDMENTS
The offeror shall acknowledge receipt of any amendment to this solicitation by submitting
an original signed copy with its bid and other signed copies attached to each copy of the bid
submitted. The District shall receive the acknowledgment by the date and time specified for
receipt of bids. An offeror's failure to acknowledge an amendment may result in rejection of
its bid.
L.12 LEGAL STATUS OF OFFEROR
Each proposal shall provide the following information:
L.12.1 Name, address, telephone number and federal tax identification number of offerors.
L.12.2 A copy of each District of Columbia license, registration or certification that the
bidder is required by law to obtain. This mandate also requires the bidder to provide a copy of
the executed "Clean Hands Certification" that is referenced in D.C. Official Code §47 -2862,
if the bidder is required by law to make such certification. If the bidder is a corporation or
partnership and does not provide a copy of its license, registration or certification to transact
business in the District of Columbia, the bid shall certify its intent to obtain the necessary
license, registration or certification prior to contract award or its exemption from such
requirements; and
L.12.3 If the offeror is a partnership or joint venture, the names and addresses of the general
partners or individual members of the joint venture, and copies of any joint venture or
teaming agreements.
L.13 CERTIFICATES OF INSURANCE
Prior to commencing work, the Contractor shall have its insurance broker or insurance company
submit certificates of insurance giving evidence of the required coverages as specified in
Section 1.8 to:
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Mary Ann Harris, Chief Contracting Officer
University of the District of Columbia
Office of Contracts and Procurement
4200 Connecticut Avenue NW
Building 39, Suite 200C Washington, DC 20008
L.14 SECURITY BONDS REQUIRED
The offeror shall submit the following security bonds in response to this invitation. Failure
to comply shall result in rejection of the proposal.
L.14.1 Bid Bond
The bid bond shall be in the amount of five percent (5%) of the original contract maximum
price for one year and shall be submitted with the contractor's proposal.
L.14.2 Performance Bond
The performance security bond shall be for one hundred percent (100%) of the original contract
maximum price for one year. It shall be submitted not later than the date and time specified in the
Notice of Intent to Award.
L.14.3 Payment Bond
The payment security bond shall be for fifty percent (50%) of the original contract maximum
price for one year. It shall be submitted not later than the date and time specified in the
Notice of Intent to Award.
L.15 GENERAL STANDARDS OF RESPONSIBILITY
The prospective contractor shall demonstrate to the satisfaction of the University its
capability in all respects to perform fully the contract requirements; therefore, the
prospective contractor shall submit relevant documentation within five (5) days of the
request by the University.
L.15. l to be determined responsible, a prospective contractor shall demonstrate that it:
(a) Has adequate financial resources, or the ability to obtain such resources, required
to perform the contract.
(b) Can comply with the required or proposed delivery or performance schedule, taking into
consideration all existing commercial and governmental business commitments.
(c) Has a satisfactory performance record;
(d) Has a satisfactory record of integrity and business ethics;
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(e) Has a satisfactory record of compliance with the applicable District licensing and tax
laws and regulations;
(t) Has a satisfactory record of compliance with labor and civil rights laws and rules,
and the First Source Employment Agreement Act of 1984, as amended, D.C. Official
Code §2-219.01 et seq.;
(g) Has, or can obtain, the necessary organization, experience, accounting, and operational
control, and technical skills.
(h) Has, or could obtain, the necessary production, construction, technical equipment, and
facilities.
(i) Has not exhibited a pattern of overcharging the District;
U) Does not have an outstanding debt with the District or the federal government in a
delinquent status; and
(k) Is otherwise qualified and is eligible to receive an award under applicable laws and
regulations.
L.15.2 If the prospective contractor fails to supply the information requested, the CO
shall make the determination of responsibility or non-responsibility based upon available
information. If the available information is insufficient to decide of responsibility, the CO
shall determine the prospective contractor to be non-responsible.
L.16 SPECIAL STANDARDS OF RESPONSIBILITY
L.16.1 In addition to the general standards of responsibility set forth above, the prospective
contractor shall demonstrate to the satisfaction of the University the special
qualifications of Emergency Response Personnel and other personnel matters
listed herein. Specifically, the bidder shall submit with its bid convincing evidence
that demonstrates that the bidder meets the following Special Standard(s) of
Responsibility:
L.16. l .1 Student Center Personnel - The contractor shall provide qualified personnel to
operate and maintain MEP equipment. Personnel must have current LEED
certification and knowledge of Geo -thermal cooling systems and LEED
administration. The contractor shall develop and administer maintenance plans for
building equipment following the LEED Platinum guidelines. Personnel shall hold
LEED (Green Associate) certification, however, LEED AP+M (Operations and
Maintenance) preferred. Building hours are Monday thru Friday 8a.m. through 11
p.m. and 11 a.m. to 9 p.m. on Saturdays and Sundays.
L.16.1.2 Time and Attendance
The Contractor's employees shall utilize the University's time and attendance system.
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The system manages the person(s) assigned to project's time and attendance. Those
records will be utilized for verification of billable hours and work performed.
L.16.1.3Emergency Response Personnel
The Contractor shall demonstrate the ability to provide a variety of specialized
staff required within 4 hours of notification in the event of an emergency. The
Contractor must have access to staffing, materials, and all resources that qualify
them as a "Full Service Provider." The Contractor shall provide evidence that they
are successful in providing such services (example - Employee rosters with
credentials, paid invoices that detail a variety of service, recommendations from
current customers.
L.16.1.4 Supervisor/Onsite Lead Qualifications:
Must have a minimum of five years of work experience, focusing on management
of administrative functions for campus janitorial services.
• Experience must include at least three years of experience in managing a contract in
administrative services, including on-site decision. making authority.
• Must have at least three years of experience in supervising employees, which
includes assessing employee training needs, assisting employees in skill building,
providing performance feedback, identifying appropriate staffing mix and hiring
qualified candidates, and troubleshooting staffing concerns.
• Must have knowledge of applicable OSHA standards specified under 29 CFR 1910.
Demonstrate an understanding of safe and sanitary work conditions for
employees.
L.16.1.5 The Project manager/ on site lead must be able to communicate effectively,
both verbally and in writing. Must be alcohol and drug free and willingly submit
to periodic drug testing.
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SECTION M: EVALUATION FACTORS
M.1. EVALUATION FOR AWARD
The contract will be awarded to the responsible offeror whose offer is most
advantageous to the University, based upon the evaluation criteria specified below.
Thus, while points in the evaluation criteria indicate their relative importance, the
total scores will not necessarily be determinative of the award. Rather, the total
scores will guide the University in making an intelligent award decision based
upon the evaluation criteria.
M.2 TECHNICAL RATING
M.2.1 The Technical Rating Scale is as follows:
Numeric
Rating
Adjective Description
0 Unacceptable Fails to meet minimum requirements, e.g. no
demonstrated capacity, major deficiencies which
are not correctable; offeror did not address the
factor.
I Poor Marginally meets minimum requirements; major
deficiencies which may be correctable.
2 Minimally Acceptable Marginally meets minimum requirements; minor
deficiencies which may be correctable.
3 Acceptable Meets requirements; no deficiencies.
4 Good Meets requirements and exceeds some
requirements; no deficiencies.
5 Excellent Exceeds most, if not all requirements; no
deficiencies.
M.2.2 The technical rating is a weighting mechanism that will be applied to the point
of value for each evaluation factor to determine the offeror’s score for each factor. The
offeror's total technical score will be determined by adding the offeror’s score in each
evaluation factor. For example, if an evaluation factor has a port value range of zero (0) to
forty (40) points, using the Technical Rating Scale above, if the University evalua tes the
offeror's response as "Good," then the score for that evaluation factor is 4/5 of 40 or 32.
If sub factors are applied, the offeror’s total technical score will be determined by adding
the offer's score for each sub factor. For example, if an evaluation factor has a point value
range of zero (0) to forty (40) points, with two sub factors of twenty (20) points each, using
the Technical Rating Scale above, if the University evaluates the offer's response as "Good"
for the first sub factor and "Poor" for the second sub factor, then the total score for that
evaluation factor is 4/5 of 20 or 16 for the first sub factor plus 1/5 of 20 or 4 for the
second sub factor, for a total of 20 for the entire factor.
77
M.3 EVALUATION CRITERIA
The total sum of the maximum points for Technical Criteria and Price Criterion is
100 points. Proposals shall be evaluated based on the following evaluation factors in
the manner described below:
M.3.1 TECHNICAL CRITERIA (80 Points Maximum)
M.3.1.l Past Performance (35 Points Maximum)
M.3.1. l. l Sub factor l -The contractor provided janitorial services to a higher education campus that had
multiple buildings during the past 3 years (20 points maximum).
M.3.1.l.2 Sub factor 2 - The contractor provided with its proposal satisfactory or above performance
evaluations from 2 former customers for similar services within the past two years (maximum
15 points).
M.3.1.2 Quality Control (35 Points Maximum)
M.3.1.2. l Sub factor I - The contractor's organizational staffing plan clearly identifies staffing for the
total project (maximum 10 points).
M.3.l.2.2 Sub factor 2 - The contractor's proposal included a chart showing clear lines of communication
and reporting (maximum 5 points).
M.3.l.2.3 Sub factor 3 - The contractor's proposal included measurable performance standards (maximum
10 points)
M.3.1.2.4 Sub factor 4 - The contractor's proposal included a clear price reduction table applicable to its
proposed performance standards (maximum 10 points)
M.3.l.3 Key Personnel (10 Points Maximum)
M.3. l.3.1 Sub factor l - The proposed Project Manager has current LEED AP certification (maximum 5
points).
M.3.1.3.2 Sub factor 2 - The contractor submitted a verifiable resume of the proposed Project
Manager that demonstrates five years' experience performing the work required
(maximum 5 points).
M.3.2 Price Criterion (20 Points Maximum)
The price evaluation will be objective. The offeror with the lowest price will
received the maximum price points. All other price proposals will receive a
proportionately lower total score. The following formula will be used to determine
each offeror's evaluated price score:
Lowest price proposal
Price of proposal being
evaluated
X20 = Evaluated price score
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M.3.2 PREFERENCE POINTS AWARDED PURSUANT TO SECTION M.5.2 (12
Points Maximum)
M.3.3 TOTAL POINTS (100 Points Maximum)
Total points shall be the cumulative total of the offeror's technical criteria points,
price criterion points and preference points, if any.
M.4 EVALUATION OF OPTION YEARS
The University will evaluate bid prices for award purposes by evaluating the total
price for all options as well as the base year. Evaluation of options shall not obligate
the University to exercise them. The total University's requirements may change
during the option years. Quantities to be awarded will be determined at the time each
option is exercised.
M.5 PREFERENCES FOR CERTIFIED BUSINESS ENTERPRISES
Under the prov1s1ons of the ..Small, Local, and Disadvantaged Business Enterprise
Development and Assistance Act of 2014", D.C. Official Code§ 2-218.01 et seq. as amended
("Act", as used in this section), the District shall apply preferences in evaluating bids from
businesses that are certified by the Department of Small and Local Business Development
(DSLBD) pursuant to Part D of the Act.
M.5.1. Application of Preferences
For evaluation purposes, the allowable preferences under the Act shall be applicable to prime
contractors as follows:
M.5. l. l A prime contractor that is a small business enterprise (SBE) certified by the
Department of Small and Local Business Development (DSLBD) will receive a three percent
(3%) reduction in the bid price for a bid submitted by the SBE in response to this Request
for Proposal (RFP).
M.5.1.2 A prime contractor that is a resident -owned business (ROB) certified by DSLBD
will receive a five percent (5%) reduction in the bid price for a bid submitted by the
ROB in response to this RFP.
M.5.1.3 A prime contractor that is a longtime resident business (LRB) certified by DSLBD
will receive a ten percent (10%) reduction in the bid price for a bid submitted by the LRB in
response to this RFP.
M.5. l.4 A prime contractor that is a local business enterprise (LBE) certified by DSLBD
will receive a two percent (2%) reduction in the bid price for a bid submitted by the LBE in
response to this RFP.
L.5. l .5 A prime contractor that is a local business enterprise with its principal offices
located in an enterprise zone (DZE) certified by DSLBD will receive a two percent (2%)
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reduction in the bid price for a bid submitted by the DZE in response to this RFP.
M.5.1.6 A prime contractor that is a disadvantaged business enterprise (DBE) certified by
DSLBD will receive a two percent (2%) reduction in the bid price for a bid submitted by the
DBE in response to this RFP.
M.5.1.7 A prime contractor that is a veteran -owned business (VOB) certified by DSLBD
will receive a two percent (2%) reduction in the bid price for a bid submitted by the YOB in
response to this RFP.
M.5.1.8 A prime contractor that is a local manufacturing business enterprise (LMBE)
certified by DSLBD will receive a two percent (2%) reduction in the bid price for a
bid submitted by the LMBE in response to this RFP.
M.5.2 Maximum Preference Awarded
Notwithstanding the availability of the preceding preferences, the maximum total
preference to which a certified business enterprise (CBE) is entitled under the Act is twelve
per cent (12%) for bids submitted in response to this RFP. There will be no preference
awarded for subcontracting by the prime contractor with CBEs.
M.5.3 Preferences for Certified Joint Ventures
A certified joint venture will receive preference as determined by DSLBD in accordance with
D.C. Official Code Section 2-218.39a (h).
M.5.4 Verification of Bidder's Certification as a Certified Business Enterprise
M.5.4. l Any vendor seeking to receive preferences on this solicitation shall be certified at
the time of submission of its proposal. The CO will verify the bidder’s certification with
DSLBD, and the bidder should not submit with its bid any documentation regarding its
certification as a certified business enterprise.
M.5.1.4.2 Any vendor seeking certification in order to receive preferences under this solicitation
should contact the:
Department of Small and Local Business Development
ATTN: CBE Certification Program
441 Fourth Street, NW, Suite 850N
Washington DC 20001
M.5.1.4.3 All vendors are encouraged to contact DSLBD at (202) 727-3900 if additional
information is required on certification procedures and requirements.
M.5.2 SUBCONTRACTING REQUIREMENTS
M.5.2.1 Mandatory Subcontracting Requirements
M.5.2. l. l Unless the Director of the Department of Small and Local Business Development
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(DSLBD) has approved a waiver in writing, all contracts in excess of $250,000, at least 35% of the
dollar volume shall be subcontracted to certified small business enterprises (SBE's);
M.5.2. l.1.2 If there are insufficient qualified small business enterprises 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 certified business enterprises; provided, however, that all
reasonable efforts shall be made to ensure that qualified small business enterprises are
significant participants in the overall subcontracting work.
M.5.2.1.1.3 A prime contractor which is certified 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.
M.5.2.1.1.4 Except as provided herein, 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 CBE's. A CBE
prime contractor that performs less than 35% of the contracting effort shall be subject to
enforcement actions under D.C. Official Code Section 2-218.63.
M.5.2.1. l .5 A prime contractor that is a certified joint venture and has been granted a bid
preference pursuant to D.C. Official Code Section 2-218.43, or is selected through a set-aside
program, shall perform at least 50% of the contracting effort with its own organization and
resources and, if it subcontracts, 35% of the subcontracting effort shall be with CBE's. A
certified joint venture prime contractor that performs less than 50% of the contracting effort
shall be subject to enforcement actions under D.C. Official Code Section 2-218.63.
M.5.2.1.1.6 Each CBE utilized to meet these subcontracting requirements shall perform at least
35% of its contracting effort with its own organization and resources.
M.5.2.1. l.7 A prime contractor that is a CBE and has been granted a bid preference pursuant
to D.C. Official Code Section 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.
M.5.3 Subcontracting Plan
If the prime contractor is required by law to subcontract under this contract, it shall subcontract
at least 35% of the dollar volume of this contract in accordance with the provisions of section
H.9.1. The plan shall be submitted as part of the bid and may only be amended with the prior
written approval of the CO and Director of DSLBD. Any reduction in the dollar volume of the
subcontracted portion resulting from an amendment of the plan 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.
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M.5.4 Copies of Subcontracts
Within twenty-one (21) days of the date of the award, the Contractor shall provide fully
executed copies of all subcontracts identified in the subcontracting plan to the CO, CA,
District of Columbia Auditor and the Director of DSLBD.
M.5.5 Subcontracting Plan Compliance Reporting
(l) If the Contractor has a subcontracting plan required by law for this contract, 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 contract;
(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, it was not provided with an earlier quarterly
report.
(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.
M.5.6 Annual Meetings
Upon at least 30-days written notice provided by DSLBD, the Contractor
shall meet annually with the CO, CA, District of Columbia Auditor and the
Director of DSLBD to provide an update on its subcontracting plan.
M.5.7 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.
M.5.8 Enforcement and Penalties for Breach of Subcontracting Plan
(l) A Contractor shall be deemed to have breached a subcontracting plan
required by law, if the contractor (i) fails to submit subcontracting
monitoring or compliance reports or other required subcontracting
information in a reasonably timely manner; (ii) submits a monitoring or
compliance report or other required information containing a materially
false statement; or
(iii) fails to meet its subcontracting requirements,
(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 fine in accordance with D.C.
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Official Code Section 218.63.
(3) If the CO determines the Contractor's failure to be a material breach of the
contract, the CO shall have a cause to terminate the contract under the default
provisions in clause 8 of the SCP, Default.
M.5.9 Offerors responding to this RFP shall be deemed nonresponsive and shall be
rejected if the bidder is required to subcontract but fails to submit a
subcontracting plan with its bid. Once the plan is approved by the CO, changes
to the plan will only occur with the prior written approval of the CO and the
Director of DSLBD. Each subcontracting plan shall include the following:
M.5.9. l A description of the goods and services to be provided by SBEs or, if
insufficient qualified SBEs are available, by any certified business enterprises;
M.5.9.2 A statement of the dollar value of the proposal that pertains to the
subcontracts to be performed by the SBEs or, if insufficient qualified
SBEs are available, by any certified business enterprises;
M.5.9.3 The names and addresses of all proposed subcontractors who are
SBEs or, if insufficient SBEs are available, who are certified
business enterprises;
M.5.9.4 The name of the individual employed by the prime contractor who will
administer the subcontracting plan, and a description of the duties of the
individual;
M.5.9.5 A description of the efforts the prime contractor will make to ensure that SBEs,
or, if insufficient SBEs are available. that certified business enterprises will have an
equitable opportunity to compete for subcontracts;
M.5.9.6 In all subcontracts that offer further subcontracting opportunities, assurances that
the prime contractor will include a statement. approved by the Chief Contracting
Officer. that the subcontractor will adopt a subcontracting plan like the subcontracting
plan required by the contract.
M.5.9.7 Assurances that the prime contractor will cooperate in any studies or surveys that
may be required by the Chief Contracting Officer , and submit periodic reports, as
requested by the Chief Contracting Officer, to allow the District to determine the extent
of compliance by the prime contractor with the subcontracting plan;
M.5.9.8 A list of the type of records the prime contractor will maintain to demonstrate
procedures adopted to comply with the requirements set forth in the subcontracting
plan, and assurances that the prime contractor will make such records available for
review upon the District's request; and
M.5.9.9 A description of the prime contractor's recent effort to locate SBEs or, if
insufficient SBEs are available, certified business enterprises, and to award
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M.5.9.10 subcontracts to them.
M.5.10 Subcontractor Standards
M.5.10.1 A prime contractor shall ensure that subcontractors meet the criteria for
responsibility described in D.C. Official Code § 2-353.0 1.
1
GOVERNMENT OF THE DISTRICT OF COLUMBIA
STANDARD CONTRACT PROVISIONS
FOR USE WITH
DISTRICT OF COLUMBIA GOVERNMENT
SUPPLIES AND SERVICES CONTRACTS
March 2007
OFFICE OF CONTRACTING AND PROCUREMENT
SUITE 700 SOUTH
441 4th STREET, NW
WASHINGTON, DC 20001
2
STANDARD CONTRACT PROVISIONS
TABLE OF CONTENTS
1. Covenant Against Contingent Fees:...........................................................................1
2. Shipping Instructions – Consignment:.......................................................................1
3. Patents:.........................................................................................................................1
4. Quality:.........................................................................................................................1
5. Inspection Of Supplies: ...............................................................................................1
6. Inspection Of Services:................................................................................................3
7. Waiver:.........................................................................................................................4
8. Default: ........................................................................................................................4
9. Indemnification:..........................................................................................................6
10. Transfer: ......................................................................................................................6
11. Taxes:...........................................................................................................................6
12. Appointment of Attorney:............................................................................................7
13. District Employees Not To Benefit: ............................................................................7
14. Disputes:.......................................................................................................................7
15. Changes: ....................................................................................................................10
16 Termination For Convenience Of The District:.......................................................10
17. Recovery Of Debts Owed The District:.....................................................................14
18. Retention and Examination Of Records: .................................................................14
19. Non-Discrimination Clause:.....................................................................................14
20. Definitions: ................................................................................................................16
21. Health And Safety Standards:...................................................................................16
22. Appropriation Of Funds:...........................................................................................16
23. Buy American Act: ....................................................................................................16
24. Service Contract Act of 1965: ...................................................................................17
25. Cost and Pricing Data:..............................................................................................23
26. Multiyear Contract:...................................................................................................25
27. Termination Of Contracts For Certain Crimes And Violations:.............................25
March (2007)
SCP. 1
1. Covenant Against Contingent Fees:
The Contractor warrants that no person or selling agency has been employed or retained
to solicit or secure the contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Contractor for the purpose
of securing business. For breach or violation of this warranty, the District will have the
right to terminate the contract without liability or in its discretion to deduct from the
contract price or consideration or otherwise recover, the full amount of the commission,
percentage, brokerage, or contingent fee.
2. Shipping Instructions – Consignment:
Unless otherwise specified in this Invitation for Bids/Request for Proposals, each case,
crate, barrel, package, etc., delivered under this contract must be plainly stencil marked or
securely tagged, stating the Contractor’s name, contract number and delivery address as
noted in the contract. In case of carload lots, the Contractor shall tag the car, stating
Contractor’s name and contract number. Any failure to comply with these instructions
will place the material at the Contractor’s risk. Deliveries by rail, water, truck or
otherwise, must be within the working hours and in ample time to allow for unloading
and if necessary, the storing of the materials or supplies before closing time. Deliveries at
any other time will not be accepted unless specific arrangements have been previously
made with the contact person identified in the contract at the delivery point.
3. Patents:
The Contractor shall hold and save the District, its officers, agents, servants, and
employees harmless from liability of any nature or kind, including costs, expenses, for or
on account of any patented or unpatented invention, article, process, or appliance,
manufactured or used in the performance of this contract, including their use by the
District, unless otherwise specifically stipulated in the contract.
4. Quality:
Contractor’s workmanship shall be of the highest grade, and all materials provided under
this Contract shall be new, of the best quality and grade, and suitable in every respect for
the purpose intended.
5. Inspection Of Supplies:
(a) Definition. “Supplies,” as used in this clause, includes, but is not limited to raw materials,
components, intermediate assemblies, end products, and lots of supplies.
(b) The Contractor shall be responsible for the materials or supplies covered by this contract
until they are delivered at the designated point, but the Contractor shall bear all risk on
rejected materials or supplies after notification of rejection. Upon the Contractor’s failure
to cure within ten (10) days after date of notification, the District may return the rejected
materials or supplies to the Contractor at the Contractor’s risk and expense.
(c) The Contractor shall provide and maintain an inspection system acceptable to the District
covering supplies under this contract and shall tender to the District for acceptance only
supplies that have been inspected in accordance with the inspection system and have been
found by the Contractor to be in conformity with contract requirements. As part of the
March (2007)
SCP. 2
system, the Contractor shall prepare records evidencing all inspections made under the
system and the outcome. These records shall be kept complete and made available to the
District during contract performance and for as long afterwards as the contract requires.
The District may perform reviews and evaluations as reasonably necessary to ascertain
compliance with this paragraph. These reviews and evaluations shall be conducted in a
manner that will not unduly delay the contract work. The right of review, whether
exercised or not, does not relieve the Contractor of the obligations under this contract.
(d) The District has the right to inspect and test all supplies called for by the contract, to
the extent practicable, at all places and times, including the period of manufacture,
and in any event before acceptance. The District will perform inspections and tests in
a manner that will not unduly delay the work. The District assumes no contractual
obligation to perform any inspection and test for the benefit of the Contractor unless
specifically set forth elsewhere in the contract.
(e) If the District performs inspection or test on the premises of the Contractor or
subcontractor, the Contractor shall furnish, and shall require subcontractors to
furnish, without additional charge, all reasonable facilities and assistance for the
safe and convenient performance of these duties. Except as otherwise provided in
the contract, the District will bear the expense of District inspections or tests
made at other than Contractor’s or subcontractor’s premises; provided, that in
case of rejection, the District will not be liable for any reduction in the value of
inspection or test samples.
(1) When supplies are not ready at the time specified by the Contractor for
inspection or test, the Contracting Officer may charge to the Contractor
the additional cost of inspection or test.
(2) Contracting Officer may also charge the Contractor for any additional
cost of inspection or test when prior rejection makes re-inspection or
retest
(f) The District has the right either to reject or to require correction of
nonconforming supplies. Supplies are nonconforming when they are defective in
material or workmanship or otherwise not in conformity with contract
requirements. The District may reject nonconforming supplies with or without
disposition instructions.
(g) The Contractor shall remove supplies rejected or required to be corrected.
However, the Contracting Officer may require or permit correction in place,
promptly after notice, by and at the expense of the Contractor. The Contractor
shall not tender for acceptance corrected or rejected supplies without disclosing
the former rejection or requirement for correction, and when required, shall
disclose the corrective action taken.
(h) If the Contractor fails to remove, replace, or correct rejected supplies that are
required to be replaced or corrected within ten (10) days, the District may either
(1) by contract or otherwise, remove, replace or correct the supplies and charge
the cost to the Contractor or (2) terminate the contract for default. Unless the
Contractor corrects or replaces the supplies within the delivery schedule, the
Contracting Officer may require their delivery and make an equitable price
reduction. Failure to agree to a price reduction shall be a dispute.
March (2007)
SCP. 3
(i) If this contract provides for the performance of District quality assurance at
source, and if requested by the District, the Contractor shall furnish advance
notification of the time (i) when Contractor inspection or tests will be performed
in accordance with the terms and conditions of the contract, and (ii) when the
supplies will be ready for District inspection.
(j) The District request shall specify the period and method of the advance notification and
the District representative to whom it shall be furnished. Requests shall not require more
than 2 business days of advance notification if the District representative is in residence
in the Contractor’s plant, nor more than 7 business days in other instances.
(k) The District will accept or reject supplies as promptly as practicable after
delivery, unless otherwise provided in the contract. District failure to inspect and
accept or reject the supplies shall not relieve the Contractor from responsibility,
nor impose liability upon the District, for non-conforming supplies.
(l) Inspections and tests by the District do not relieve the Contractor of responsibility for
defects or other failures to meet contract requirements discovered before acceptance.
Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes
amounting to fraud, or as otherwise provided in the contract.
(m) If acceptance is not conclusive for any of the reasons in subparagraph (l) hereof, the
District, in addition to any other rights and remedies provided by law, or under provisions
of this contract, shall have the right to require the Contractor (1) at no increase in contract
price, to correct or replace the defective or nonconforming supplies at the original point
of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in
accordance with a reasonable delivery schedule as may be agreed upon between the
Contractor and the Contracting Officer; provided, that the Contracting Officer may
require a reduction in contract price if the Contractor fails to meet such delivery schedule,
or (2) within a reasonable time after receipt by the Contractor of notice of defects or
noncompliance, to repay such portion of the contract as is equitable under the
circumstances if the Contracting Officer elects not to require correction or replacement.
When supplies are returned to the Contractor, the Contractor shall bear the transportation
cost from the original point of delivery to the Contractor’s plant and return to the original
point when that point is not the Contractor’s plant. If the Contractor fails to perform or
act as required in (1) or (2) above and does not cure such failure within a period of 10
days (or such longer period as the Contracting Officer may authorize in writing) after
receipt of notice from the Contracting Officer specifying such failure, the District will
have the right to return the rejected materials at Contractor’s risk and expense or contract
or otherwise to replace or correct such supplies and charge to the Contractor the cost
occasioned the District thereby.
6. Inspection Of Services:
(a) Definition. “Services” as used in this clause includes services performed,
workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the
District covering the services under this contract. Complete records of all
inspection work performed by the Contractor shall be maintained and made
available to the District during contract performance and for as long afterwards
as the contract requires.
March (2007)
SCP. 4
(c) The District has the right to inspect and test all services called for by the contract,
to the extent practicable at all times and places during the term of the contract.
The District will perform inspections and tests in a manner that will not unduly
delay the work.
(d) If the District performs inspections or tests on the premises of the Contractor or
subcontractor, the Contractor shall furnish, without additional charge, all reasonable
facilities and assistance for the safety and convenient performance of these duties.
(e) If any of the services do not conform to the contract requirements, the District
may require the Contractor to perform these services again in conformity with
contract requirements, at no increase in contract amount. When the defects in
services cannot be corrected by performance, the District may require the
Contractor to take necessary action to ensure that future performance conforms to
contract requirements and reduce the contract price to reflect value of services
performed.
(f) If the Contractor fails to promptly perform the services again or take the
necessary action to ensure future performance in conformity to contract
requirements, the District may (1) by contract or otherwise, perform the services
and charge the Contractor any cost incurred by the District that is directly related
to the performance of such services, or (2) terminate the contract for default.
7. Waiver:
The waiver of any breach of the contract will not constitute a waiver of any subsequent
breach thereof, or a waiver of the contract.
8. Default:
(a) The District may, subject to the provisions of paragraph (c) below, by written
notice of default to the Contractor, terminate the whole or any part of this
contract in any one of the following circumstances:
(1) If the Contractor fails to make delivery of the supplies or to perform the
services within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this
contract, or so fails to make progress as to endanger performance of this
contract in accordance with its terms, and in either of these two
circumstances does not cure such failure within a period of ten (10) days
(or such longer period as the Contracting Officer may authorize in
writing) after receipt of notice from the Contracting Officer specifying
such failure.
(b) In the event the District terminates this contract in whole or in part as provided in
paragraph (a) of this clause, the District may procure, upon such terms and in
such manner as the Contracting Officer may deem appropriate, supplies or
service similar to those so terminated, and the Contractor shall be liable to the
District for any excess costs for similar supplies or services; provided, that the
Contractor shall continue the performance of this contract to the extent not
terminated under the provisions of this clause.
March (2007)
SCP. 5
(c) Except with respect to defaults of subcontractors, the Contractor shall not be
liable for any excess costs if the failure to perform the contract arises out of
causes beyond the control and without the fault or negligence of the Contractor.
Such causes may include, but are not restricted to, acts of God or of the public
enemy, acts of the District or Federal Government in either their sovereign or
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes,
freight embargoes, and unusually severe weather; but in every case the failure to
perform must be beyond the control and without fault or negligence of the
Contractor. If the failure to perform is caused by the default of the subcontractor,
and if such default arises out of causes beyond the control of both the Contractor
and the subcontractor, and without the fault or negligence of either of them, the
Contractor shall not be liable for any excess cost for failure to perform, unless the
supplies or services to be furnished by the subcontractor were obtainable from
other sources in sufficient time to permit the Contractor to meet the required
delivery schedule.
(d) If this contract is terminated as provided in paragraph (a) of this clause, the
District, in addition to any other rights provided in this clause, may require the
Contractor to transfer title and deliver to the District, in the manner and to the
extent directed by the Contracting Officer, (i) completed supplies, and (ii) such
partially completed supplies and materials, parts, tools, dies, jigs, fixtures plans,
drawing information, and contract rights (hereinafter called “manufacturing
materials”) as the Contractor has specifically produced or specifically acquired
for the performance of such part of this contract as has been terminated; and the
Contractor shall, upon direction of the Contracting Officer, protect and preserve
property in possession of the Contractor in which the District has an interest.
Payment for completed supplies delivered to and accepted by the District will be
at the contract price. Payment for manufacturing materials delivered to and
accepted by the District will be at the contract price. Payment for manufacturing
materials delivered to and accepted by the District and for the protection and
preservation of property shall be in an amount agreed upon by the Contractor and
Contracting Officer; failure to agree to such amount shall be a dispute concerning
a question of fact within the meaning of the clause of this contract entitled
“Disputes”. The District may withhold from amounts otherwise due the
Contractor for such completed supplies or manufacturing materials such sum as
the Contracting Officer determines to be necessary to protect the District against
loss because of outstanding liens or claims of former lien holders.
(e) If, after notice of termination of this contract under the provisions of this clause,
it is determined for any reason that the Contractor was not in default under the
provisions of this clause, or that the default was excusable under the provisions
of this clause, the rights and obligations of the parties shall, if the contract
contains a clause providing for termination of convenience of the District, be the
same as if the notice of termination had been issued pursuant to such clause. See
Clause 20 for Termination for Convenience of the District.
(f) The rights and remedies of the District provided in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law or
under this contract.
(g) As used in paragraph (c) of this clause, the terms “subcontractor(s) means
subcontractor(s) at any tier.
March (2007)
SCP. 6
9. Indemnification:
The Contractor agrees to defend, indemnify and hold harmless the District, its officers,
agencies, departments, agents, and employees (collectively the “District”) from and
against any and all claims, losses, liabilities, penalties, fines, forfeitures, demands, causes
of action, suits, costs and expenses incidental thereto (including cost of defense and
attorneys’ fees), resulting from, arising out of, or in any way connected to activities or
work performed by the Contractor, Contractor’s officers, employees, agents, servants,
subcontractors, or any other person acting for or by permission of the Contractor in
performance of this Contract. The Contractor assumes all risks for direct and indirect
damage or injury to the property or persons used or employed in performance of this
Contract. The Contractor shall also repair or replace any District property that is
damaged by the Contractor, Contractor’s officers, employees, agents, servants,
subcontractors, or any other person acting for or by permission of the Contractor while
performing work hereunder.
The indemnification obligation under this section shall not be limited by the existence of any
insurance policy or by any limitation on the amount or type of damages, compensation or
benefits payable by or for Contractor or any subcontractor, and shall survive the termination
of this Contract. The District agrees to give Contractor written notice of any claim of
indemnity under this section. Additionally, Contractor shall have the right and sole authority
to control the defense or settlement of such claim, provided that no contribution or action by
the District is required in connection with the settlement. Monies due or to become due the
Contractor under the contract may be retained by the District as necessary to satisfy any
outstanding claim which the District may have against the Contractor.
10. Transfer:
No contract or any interest therein shall be transferred by the parties to whom the award
is made; such transfer will be null and void and will be cause to annul the contract.
11. Taxes:
(a) The Government of the District of Columbia is exempt from and will not pay
Federal Excise Tax, Transportation Tax, and the District of Columbia Sales and
Use Taxes.
(b) Tax exemption certificates are no longer issued by the District for Federal Excise
Tax. The following statement may be used by the supplier when claiming tax
deductions for Federal Excise Tax exempt items sold to the District.
“The District of Columbia Government is Exempt from Federal Excise Tax –
Registration No. 52-73-0206-K, Internal Revenue Service, Baltimore, Maryland.”
Exempt From Maryland Sales Tax, Registered With The Comptroller Of The
Treasury As Follows:
a) Deliveries to Glenn Dale Hospital – Exemption No. 4647
b) Deliveries to Children’s Center – Exemption No. 4648
c) Deliveries to other District Departments or Agencies – Exemption No. 09339
“The District of Columbia Government is Exempt from Sales and Use Tax –
Registration No. 53-600, The District of Columbia Office of Tax and Revenue.”
March (2007)
SCP. 7
12. Appointment of Attorney:
(a) The bidder/offeror or contractor (whichever the case may be) does hereby irrevocably
designate and appoint the Clerk of the District of Columbia Superior Court and his
successor in office as the true and lawful attorney of the Contractor for the purpose of
receiving service of all notices and processes issued by any court in the District of
Columbia, as well as service of all pleadings and other papers, in relation to any action or
legal proceeding arising out of or pertaining to this contract or the work required or
performed hereunder.
(b) The bidder/offeror or contractor (whichever the case may be) expressly agrees
that the validity of any service upon the said Clerk as herein authorized shall not
be affected either by the fact that the contractor was personally within the District
of Columbia and otherwise subject to personal service at the time of such service
upon the said Clerk or by the fact that the contractor failed to receive a copy of
such process, notice or other paper so served upon the said Clerk provided the
said Clerk shall have deposited in the United States mail, registered and postage
prepaid, a copy of such process, notice, pleading or other paper addressed to the
bidder/offeror or contractor at the address stated in this contract.
13. District Employees Not To Benefit:
Unless a determination is made as provided herein, no officer or employee of the District
will be admitted to any share or part of this contract or to any benefit that may arise
therefrom, and any contract made by the Contracting Officer or any District employee
authorized to execute contracts in which they or an employee of the District will be
personally interested shall be void, and no payment shall be made thereon by the District
or any officer thereof, but this provision shall not be construed to extend to this contract
if made with a corporation for its general benefit. A District employee shall not be a party
to a contract with the District and will not knowingly cause or allow a business concern
or other organization owned or substantially owned or controlled by the employee to be a
party to such a contract, unless a written determination has been made by the head of the
procuring agency that there is a compelling reason for contracting with the employee,
such as when the District’s needs cannot reasonably otherwise be met. (DC
Procurement Practices Act of l985, D.C. Law 6-85, D.C. Official Code, section 2-310.01,
and Chapter 18 of the DC Personnel Regulations)
The Contractor represents and covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which would conflict in any manner or degree with
the performance of its services hereunder. The Contractor further covenants not to
employ any person having such known interests in the performance of the contract.
14. Disputes:
A. All disputes arising under or relating to this contract shall be resolved as provided
herein.
B. Claims by a Contractor against the District.
Claim, as used in Section B 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 this contract. A claim arising under a contract, unlike a claim relating to that
March (2007)
SCP. 8
contract, is a claim that can be resolved under a contract clause that provides for the
relief sought by the claimant.
(a) 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 Contracting Officer for a
decision. The contractor’s claim shall contain at least the following:
(1) A description of the claim and the amount in dispute;
(2) Any data or other information in support of the claim;
(3) A brief description of the Contractor’s efforts to resolve the dispute prior
to filing the claim; and
(4) The Contractor’s request for relief or other action by the Contracting
Officer.
(b) The Contracting Officer may meet with the Contractor in a further attempt to resolve
the claim by agreement.
(c) For any claim of $50,000 or less, the Contracting Officer shall issue a decision
within sixty (60) days from receipt of a written request from a Contractor that a
decision be rendered within that period.
(d) For any claim over $50,000, the Contracting Officer shall issue a decision within
ninety (90) days of receipt of the claim. Whenever possible, the Contracting
Officer 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 Contracting Officer’s written decision shall do the following:
(1) Provide a description of the claim or dispute;
(2) Refer to the pertinent contract terms;
(3) State the factual areas of agreement and disagreement;
(4) 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;
(5) 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;
(6) Indicate that the written document is the contracting officer’s final
decision; and
(7) Inform the Contractor of the right to seek further redress by appealing the
decision to the Contract Appeals Board.
(f) Any failure by the Contracting Officer to issue a decision on a contract claim
within the required time period will be deemed to be a denial of the claim, and
will authorize the commencement of an appeal to the Contract Appeals Board
as authorized by D.C. Official Code § 2-309.04.
March (2007)
SCP. 9
(g) (1) If a Contractor is unable to support any part of his or her claim and it is
determined that the inability is attributable to a material
misrepresentation of fact or fraud on the part of the Contractor, the
Contractor shall be liable to the District for an amount equal to the
unsupported part of the claim in addition to all costs to the District
attributable to the cost of reviewing that part of the Contractor’s claim.
(2) Liability under paragraph (g)(1) shall be determined within six (6)
years of the commission of the misrepresentation of fact or fraud.
(h) The decision of the Contracting Officer shall be final and not subject to review
unless an administrative appeal or action for judicial review is timely
commenced by the Contractor as authorized by D. C. Official Code § 2-309.04.
(i) Pending final decision of an appeal, action, or final settlement, a Contractor
shall proceed diligently with performance of the contract in accordance with
the decision of the Contracting Officer.
C. Claims by the District against a Contractor
(a) Claim as used in Section C 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 this 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) (1) All claims by the District against a Contractor arising under or
relating to a contract shall be decided by the Contracting Officer.
(2) The Contracting Officer shall send written notice of the claim to the
Contractor. The Contracting Officer’s written decision shall do the
following:
(a) Provide a description of the claim or dispute;
(b) Refer to the pertinent contract terms;
(c) State the factual areas of agreement and disagreement;
(d) 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;
(e) 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;
(f) Indicate that the written document is the Contracting Officer’s final
decision; and
(g) Inform the Contractor of the right to seek further redress by
appealing the decision to the Contract Appeals Board.
March (2007)
SCP. 10
(3) The decision shall be supported by reasons and shall inform the
Contractor of its rights as provided herein.
(4) The authority contained in this clause 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.
(5) This clause shall not authorize the Contracting Officer to settle,
compromise, pay, or otherwise adjust any claim involving fraud.
(c) The decision of the Contracting Officer shall be final and not subject to review
unless an administrative appeal or action for judicial review is timely
commenced by the Contractor as authorized by D.C. Official Code §2-309.04.
(d) Pending final decision of an appeal, action, or final settlement, the Contractor
shall proceed diligently with performance of the contract in accordance with
the decision of the Contracting Officer.
15. Changes:
The Contracting Officer 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 this contract, or in
the time required for performance, an equitable adjustment shall be made. Any claim for
adjustment under this paragraph must be asserted within ten (10) days from the date the
change is offered; provided, however, that the Contracting Officer, 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 the Disputes clause at Section 18. Nothing in this clause shall excuse the
Contractor from proceeding with the contract as changed.
16. Termination For Convenience Of The District:
(a) The District may terminate performance of work under this contract in whole or,
from time to time, in part if the Contracting Officer determines that a termination
is in the District’s interest. The Contracting Officer shall terminate by delivering
to the Contractor a Notice of Termination specifying the extent of termination
and effective date.
(b) After receipt of a Notice of Termination, and except as directed by the
Contracting Officer, the Contractor shall immediately proceed with the following
obligations, regardless of any delay in determining or adjusting any amounts due
under this clause:
(1) Stop work as specified in the notice.
(2) Place no further subcontracts or orders (referred to as subcontracts in this
clause) for materials, services, or facilities, except as necessary to
complete the continued portion of the contract.
(3) Terminate all contracts to the extent they relate to the work terminated.
March (2007)
SCP. 11
(4) Assign to the District, as directed by the Contracting Officer, all rights,
title and interest of the Contractor under the subcontracts terminated, in
which case the District will have the right to settle or pay any termination
settlement proposal arising out of those terminations.
(5) With approval or ratification to the extent required by the Contracting
Officer, settle all outstanding liabilities and termination settlement
proposals arising from the termination of subcontracts. The approval or
ratification will be final for purposes of this clause.
(6) As directed by the Contracting Officer, transfer title and deliver to the
District (i) the fabricated or unfabricated parts, work in process,
completed work, supplies, and other materials produced or acquired for
the work terminated, and (ii) the completed or partially completed plans,
drawings, information, and other property that, if the contract has been
completed, would be required to be furnished to the District.
(7) Complete performance of the work not terminated.
(8) Take any action that may be necessary, or that the Contracting Officer
may direct, for the protection and preservation of the property related to
this contract that is in the possession of the Contractor and in which the
District has or may acquire an interest.
(9) Use its best efforts to sell, as directed or authorized by the Contracting
Officer, any property of the types referred to in subparagraph (6) above;
provided, however, that the Contractor (i) is not required to extend credit
to any purchaser and (ii) may acquire the property under the conditions
prescribed by, and at prices approved by, the Contracting Officer. The
proceeds of any transfer or disposition will be applied to reduce any
payments to be made by the District under this contract, credited to the
price or cost of the work, or paid in any other manner directed by the
Contracting Officer.
(c) After the expiration of ninety (90) days (or such longer period as may be agreed
to) after receipt by the Contracting Officer of acceptable inventory schedules, the
Contractor may submit to the Contracting Officer a list, certified as to quantity
and quality of termination inventory not previously disposed of excluding items
authorized for disposition by the Contracting Officer. The Contractor may
request the District to remove those items or enter into an agreement for their
storage. Within fifteen (15) days, the District will accept title to those items and
remove them or enter into a storage agreement. The Contracting Officer may
verify the list upon removal of the items, or if stored, within forty five (45) days
from submission of the list, and shall correct the list, as necessary, before final
settlement.
(d) After termination, the Contractor shall submit a final termination settlement
proposal to the Contracting Officer in the form and with the certification
prescribed by the Contracting Officer. The Contractor shall submit the proposal
promptly, but no later than one year from the effective date of termination, unless
extended in writing by the Contracting Officer upon written request of the
Contractor within this one year period. However, if the Contracting Officer
determines that the facts justify it, a termination settlement proposal may be
March (2007)
SCP. 12
received and acted on after one year or any extension. If the Contractor fails to
submit the proposal within the time allowed, the Contracting Officer may
determine, on the basis of information available, the amount, if any, due to the
Contractor because of the termination and shall pay the amount determined.
(e) Subject to paragraph (d) above, the Contractor and the Contracting Officer may
agree upon the whole or any part of the amount to be paid because of the
termination. The amount may include a reasonable allowance for profit on work
done. However, the agreed amount, whether under this paragraph (e) or
paragraph (f) below, exclusive of costs shown in subparagraph (f)(3) below, may
not exceed the total contract price as reduced by (1) the amount of payment
previously made and (2) the contract price of work not terminated. The contract
shall be amended, and the Contractor paid the agreed amount. Paragraph (f)
below shall not limit, restrict, or affect the amount that may be agreed upon to be
paid under this paragraph.
(f) If the Contractor and the Contracting Officer fail to agree on the whole amount to
be paid because of the termination work, the Contracting Officer shall pay the
Contractor the amounts determined by the Contracting Officer as follows, but
without duplication of any amounts agreed on under paragraph (e) above:
(1) The contract price for completed supplies or services accepted by the
District (or sold or acquired under subparagraph (b)(9) above) not
previously paid for, adjusted for any saving of freight and other charges.
(2) The total of :
(i) The costs incurred in the performance of the work terminated,
including initial costs and preparatory expense allocable thereto,
but excluding any costs attributable to supplies or services paid
or to be paid under subparagraph (f)(1) above;
(ii) The cost of settling and paying termination settlement proposals
under terminated subcontracts that are properly chargeable to the
terminated portion of the contract if not included in
subparagraph (f)(1) above; and
(iii) A sum, as profit on subparagraph f(1) above, determined by the
Contracting Officer to be fair and reasonable; however, if it
appears that the Contractor would have sustained a loss on the
entire contract had it been completed, the Contracting Officer
shall allow no profit under this subparagraph (iii) and shall
reduce the settlement to reflect the indicated rate of loss.
(3) The reasonable cost of settlement of the work terminated, including-
(i) Accounting, legal, clerical, and other expenses reasonably
necessary for the preparation of termination settlement proposals
and supporting data;
(ii) The termination and settlement of subcontractors (excluding the
amounts of such settlements); and
March (2007)
SCP. 13
(iii) Storage, transportation, and other costs incurred, reasonably
necessary for the preservation, protection, or disposition of the
termination inventory.
(g) Except for normal spoilage, and except to the extent that the District expressly
assumed the risk of loss, the Contracting Officer shall exclude from the amounts
payable to the Contractor under paragraph (f) above, the fair value as determined
by the Contracting Officer, of property that is destroyed, lost, stolen, or damaged
so as to become undeliverable to the District or to a buyer.
(h) The Contractor shall have the right of appeal, under the Disputes clause, from
any determination made by the Contracting Officer under paragraphs (d), (f) or
(j), except that if the Contractor failed to submit the termination settlement
proposal within the time provided in paragraph (d) or (j), and failed to request a
time extension, there is no right of appeal. If the Contracting Officer has made a
determination of the amount due under paragraph (d), (f) or (j), the District will
pay the Contractor (1) the amount determined by the Contracting Officer if there
is no right of appeal or if no timely appeal has been taken, or (2) the amount
finally determined on an appeal.
(i) In arriving at the amount due the Contractor under this clause, there shall be
deducted:
(1) All unliquidated advances or other payments to the Contractor under the
termination portion of the contract;
(2) Any claim which the District has against the Contractor under this
contract; and
(3) The agreed price for, or the proceeds of sale of, materials, supplies, or
other things acquired by the Contractor or sold under the provisions of
this clause and not recovered by or credited to the District.
(j) If the termination is partial, the Contractor may file a proposal with the
Contracting Officer for an equitable adjustment of the price(s) of the continued
portion of the contract. The Contracting Officer shall make any equitable
adjustment agreed upon. Any proposal by the Contractor for an equitable
adjustment under this clause shall be requested within ninety (90) days from the
effective date of termination unless extended in writing by the Contracting
Officer.
(k) (1) The District may, under the terms and conditions it prescribes, make partial
payments and payments against costs incurred by the Contractor for the
terminated portion of the contract, if the Contracting Officer believes the total of
these payments will not exceed the amount to which the Contractor shall be
entitled.
(2) If the total payments exceed the amount finally determined to be due, the Contractor
shall repay the excess to the District upon demand together with interest computed at
the rate of 10 percent (10%) per year. Interest shall be computed for the period from
the date the excess payment is received by the Contractor to the date the excess
payment is repaid. Interest shall not be charged on any excess payment due to a
reduction in the Contractor’s termination settlement proposal because of retention or
March (2007)
SCP. 14
other disposition of termination inventory until 10 days after the date of the retention
or disposition, or a later date determined by the Contracting Officer because of the
circumstances.
(l) Unless otherwise provided in this contract or by statute, the Contractor shall
maintain all records and documents relating to the terminated portion of this
contract for 3 years after final settlement. This includes all books and other
evidence bearing on the Contractor’s costs and expenses under this contract. The
Contractor shall make these records and documents available to the District, at
the Contractor’s office, at all reasonable times, without any direct charge. If
approved by the Contracting Officer, photographs, micrographs, or other
authentic reproductions may be maintained instead of original records and
documents.
17. Recovery Of Debts Owed The District:
The Contractor hereby agrees that the District may use all or any portion of any
consideration or refund due the Contractor under the present contract to satisfy, in whole
or part, any debt due the District.
18. Retention and Examination Of Records:
The Contractor shall establish and maintain books, records, and documents (including
electronic storage media) in accordance with generally accepted accounting principles
and practices which sufficiently and properly reflect all revenues and expenditures of
funds provided by the District under the contract that results from this solicitation.
The Contractor shall retain all records, financial records, supporting documents,
statistical records, and any other documents (including electronic storage media)
pertinent to the contract for a period of three (3) years after termination of the contract, or
if an audit has been initiated and audit findings have not been resolved at the end of three
(3) years, the records shall be retained until resolution of the audit findings or any
litigation which may be based on the terms of the contract.
The Contractor shall assure that these records shall be subject at all reasonable times to
inspection, review, or audit by Federal, District, or other personnel duly authorized by the
Contracting Officer.
The Contracting Officer, the Inspector General and the District of Columbia Auditor, or
any of their duly authorized representatives shall, until three years after final payment,
have the right to examine any directly pertinent books, documents, papers and records of
the Contractor involving transactions related to the contract.
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, approved December 13, 1977, as amended (D. C.
Law 2-38; D. C. Official Code §2-1402.11) (2001 Ed.)(“Act” as used in this
Section). The Contractor shall include a similar clause in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. In addition,
Contractor agrees and any subcontractor shall agree to post in conspicuous places,
available to employees and applicants for employment, notice setting forth the
provisions of this non-discrimination clause as provided in Section 251 of the Act.
March (2007)
SCP. 15
(b) Pursuant to rules of the Office of Human Rights, published on August 15, 1986 in
the D. C. Register, Mayor’s Order 2002-175 (10/23/02), 49 DCR 9883 and
Mayor’s Order 2006-151 (11/17/06), 52 DCR 9351, the following clauses apply to
this contract:
(1) The Contractor shall not discriminate against any employee or applicant
for employment because of actual or perceived: race, color, religion,
national origin, sex, age, marital status, personal appearance, sexual
orientation, gender identity or expression, familial status, family
responsibilities, disability, matriculation, political affiliation, genetic
information, source of income, or place of residence or business. Sexual
harassment is a form of sex discrimination which is prohibited by the
Act. In addition, harassment based on any of the above protected
categories is prohibited by the Act.
(2) The Contractor agrees to take affirmative action to ensure that applicants
are employed, and that employees are treated during employment,
without regard to their actual or perceived: race, color, religion, national
origin, sex, age, marital status, personal appearance, sexual orientation,
gender identity or expression, familial status, family responsibilities,
disability, matriculation, political affiliation, genetic information, source
of income, or place of residence or business.
The affirmative action shall include, but not be limited to the following:
(a) employment, upgrading or transfer;
(b) recruitment, or recruitment advertising;
(c) demotion, layoff, or termination;
(d) rates of pay, or other forms of compensation; and
(e) selection for training and apprenticeship.
(3) The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the
Contracting Agency, setting forth the provisions in subsections (b)(1)
and (b)(2) concerning non-discrimination and affirmative action.
(4) The Contractor shall, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment pursuant to the
non-discrimination requirements set forth in subsection (b)(2).
(5) The Contractor agrees to send to each labor union or representative of
workers with which he 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.
March (2007)
SCP. 16
(6) The Contractor agrees to permit access to his books, records and
accounts pertaining to its employment practices, by the Chief
Procurement Officer or designee, or the Director of Human Rights or
designee, for purposes of investigation to ascertain compliance with this
chapter, and to require under terms of any subcontractor agreement each
subcontractor to permit access of such subcontractors’ books, records,
and accounts for such purposes.
(7) The Contractor agrees to comply with the provisions of this chapter and
with all guidelines for equal employment opportunity applicable in the
District of Columbia adopted by the Director of the Office of Human
Rights, or any authorized official.
(8) The Contractor shall include in every subcontract the equal opportunity
clauses, subsections (b)(1) through (b)(9) of this section, so that such
provisions shall be binding upon each subcontractor or vendor.
(9) The Contractor shall take such action with respect to any subcontract as
the Contracting Officer 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.
20. Definitions:
The terms Mayor, Chief Procurement Officer, Contract Appeals Board and District will
mean the Mayor of the District of Columbia, the Chief Procurement Officer of the
District of Columbia or his/her alternate, the Contract Appeals Board of the District of
Columbia, and the Government of the District of Columbia respectively. If the Contractor
is an individual, the term Contractor shall mean the Contractor, his heirs, his executor and
his administrator. If the Contractor is a corporation, the term Contractor shall mean the
Contractor and its successor.
21. Health And Safety Standards:
Items delivered under this contract shall conform to all requirements of the Occupational
Safety and Health Act of 1970, as amended (“OSHA”), and Department of Labor
Regulations under OSHA, and all Federal requirements in effect at time of bid
opening/proposal submission.
22. Appropriation Of Funds:
The District’s liability under this contract is contingent upon the future availability of
appropriated monies with which to make payment for the contract purposes. The legal
liability on the part of the District for the payment of any money shall not arise unless
and until such appropriation shall have been provided.
23. Buy American Act:
(a) The Buy American Act (41 U.S.C. §10a) provides that the District give
preference to domestic end products.
March (2007)
SCP. 17
“Components,” as used in this clause, means those articles, materials, and
supplies incorporated directly into the end products.
“Domestic end product,” as used in this clause, means, (1) an unmanufactured
end product mined or produced in the United States, or (2) an end product
manufactured in the United States, if the cost of its components mined, produced,
or manufactured in the United States, exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as the
products referred to in paragraphs (b)(2) or (3) of this clause shall be treated as
domestic. Scrap generated, collected, and prepared for processing in the United
States is considered domestic.
“End products,” as used in this clause, means those articles, materials, and
supplies to be acquired for public use under this contract.
(b) The Contractor shall deliver only domestic end products, except those-
(1) For use outside the United States;
(2) That the District determines are not mined, produced, or manufactured in
the United States in sufficient and reasonably available commercial
quantities of a satisfactory quality;
(3) For which the District determines that domestic preference would be
inconsistent with the public interest; or
(4) For which the District determines the cost to be unreasonable.
24. Service Contract Act of 1965:
(a) Definitions. “Act,” as used in this clause, means the Service Contract Act of
1965, as amended (41 U.S.C. §351, et seq.).
(1) “Contractor,” as used in this clause, means the prime Contractor or any
subcontractor at any tier.
(2) “Service employee,” as used in this clause, means any person (other than
a person employed in a bona fide executive, administrative, or
professional capacity as defined in 29 CFR 541) engaged in performing a
District contract not exempted under 41 U.S.C. §356, the principal
purpose of which is to furnish services in the United States, as defined in
section 22.1001 of the Federal Acquisition Regulation. It includes all
such persons regardless of the actual or alleged contractual relationship
between them and a contractor.
(b) Applicability.
To the extent that the Act applies, this contract is subject to the
following provisions and to all other applicable provisions of the Act and
regulations of the Secretary of Labor (20 CFR part 4). All interpretations of the
Act in Subpart C of 29 CFR 4 are incorporated in this contract by reference. This
clause does not apply to contracts or subcontracts administratively exempted by
the Secretary of Labor or exempted by 41 U.S.C. §356, as interpreted in Subpart
C of 29 CFR 4.
(c) Compensation
.
March (2007)
SCP. 18
(1) Each service employee employed in the performance of this contract by
the Contractor or any subcontractor shall be paid not less than the
minimum monetary wages and shall be furnished fringe benefits in
accordance with the wages and fringe benefits determined by the
Secretary of Labor or the Secretary's authorized representative, as
specified in any wage determination attached to this contract.
(2) If a wage determination is attached to this contract, the Contractor shall
classify any class of service employees not listed in it, but to be
employed under this contract (i.e., the work to be performed is not
performed by any classification listed in the wage determination) so as to
provide a reasonable relationship (i.e., appropriate level of skill
comparison) between such unlisted classifications and the classifications
listed in the wage determination. Such conformed class of employees
shall be paid the monetary wages and furnished the fringe benefits as are
determined pursuant to the procedures in this paragraph. This
conforming procedure shall be initiated by the Contractor prior to the
performance of contract work by the unlisted class of employee.
(a) The Contractor shall submit Standard Form (SF) 1444, Request
for Authorization of Additional Classification and Rate, to the
Contracting Officer no later than 30 days after the unlisted class
of employee performs any contract work. The Contracting
Officer shall review the proposed classification and rate and
promptly submit the completed SF 1444 (which must include
information regarding the agreement or disagreement of the
employees’ authorized representatives or the employees
themselves together with the agency recommendation), and all
pertinent information to the Wage and Hour Division,
Employment Standards Administration (ESA), Department of
Labor. The Wage and Hour Division will approve, modify, or
disapprove the action or render a final determination in the event
of disagreement within 30 days of receipt or will notify the
Contracting Officer within 30 days of receipt that additional time
is necessary;
(b) The final determination of the conformance action by the Wage
and Hour Division shall be transmitted to the Contracting Officer
who shall promptly notify the Contractor of the action taken.
Each affected employee shall be furnished by the Contracting
Officer with a written copy of such determination or it shall be
posted as a part of the wage determination;
(c) The process of establishing wage and fringe benefit rates that
bear a reasonable relationship to those listed in a wage
determination cannot be reduced to any single formula. The
approach used may vary from wage determination to wage
determination depending on the circumstances. Standard wage
and salary administration practices which rank various job
classifications by pay grade pursuant to point schemes or other
job factors may, for example, be relied upon. Guidance may also
be obtained from the way different jobs are rated under Federal
pay systems (Federal Wage Board Pay System and the General
March (2007)
SCP. 19
Schedule) or from other wage determinations issued in the same
locality. Basic to the establishment of any conformable wage
rate(s) is the concept that a pay relationship should be
maintained between job classifications based on the skill
required and the duties performed;
(d) In the case of a contract modification, an exercise of an option, or
extension of an existing contract, or in any other case where a
Contractor succeeds to a contract under which the classification
in question was previously conformed pursuant to this clause, a
new conformed wage rate and fringe benefits may be assigned to
the conformed classification by indexing (i.e., adjusting) the
previous conformed rate and fringe benefits by an amount equal
to the average (mean) percentage increase (or decrease, where
appropriate) between the wages and fringe benefits specified for
all classifications to be used on the contract which are listed in
the current wage determination, and those specified for the
corresponding classifications in the previously applicable wage
determination. Where conforming actions are accomplished in
accordance with this paragraph prior to the performance of
contract work by the unlisted class of employees, the Contractor
shall advise the Contracting Officer of the action taken but the
other procedures in this clause need not be followed;
(e) No employee engaged in performing work on this contract shall
in any event be paid less than the currently applicable minimum
wage specified under section 6(a)(1) of the Fair Labor Standards
Act of 1938, as amended;
(f) The wage rate and fringe benefits finally determined under this
clause shall be paid to all employees performing in the
classification from the first day on which contract work is
performed by them in the classification. Failure to pay the
unlisted employees the compensation agreed upon by the
interested parties or finally determined by the Wage and Hour
Division retroactive to the date such class of employees
commenced contract work shall be a violation of the Act and this
contract;
(g) Upon discovery of failure to comply with this clause, the Wage
and Hour Division shall make a final determination of
conformed classification, wage rate, and/or fringe benefits which
shall be retroactive to the date such class or classes of employees
commenced contract work.
(3) If the term of this contract is more than 1 year, the minimum wages and
fringe benefits required for service employees under this contract shall be
subject to adjustment after 1 year and not less often than once every 2
years, under wage determinations issued by ESA.
(4) The Contractor can discharge the obligation to furnish fringe benefits
specified in the attachment or determined under paragraph (2) of this
clause by furnishing any equivalent combinations of bona fide fringe
March (2007)
SCP. 20
benefits, or by making equivalent or differential cash payments, in
accordance with Subpart B and C of 29 CFR 4.
(d) Minimum wage: In the absence of a minimum wage attachment for this contract,
the Contractor shall not pay any service or other employees performing this
contract less than the minimum wage specified by section 6(a)(1) of the Fair Labor
Standards Act of 1938, as amended (29 U.S.C. §206). Nothing in this clause shall
relieve the Contractor of any other legal or contractual obligation to pay a higher
wage to any employee.
(e) Successor contracts: If this contract succeeds a contract subject to the Act under
which substantially the same services were furnished and service employees were
paid wages and fringe benefits provided for in a collective bargaining agreement,
then, in the absence of a minimum wage attachment to this contract, the Contractor
may not pay any service employee performing this contract less than the wages and
benefits, including those accrued and any prospective increases, provided for under
that agreement. No Contractor may be relieved of this obligation unless the
limitations of 29 CFR 4.1c(b) apply or unless the Secretary of Labor or the
Secretary's authorized representative:
(1) Determines that the agreement under the predecessor was not the result of
arms-length negotiations; or
(2) Finds, after a hearing under 29 CFR 4.10, that the wages and benefits
provided for by that agreement vary substantially from those prevailing for
similar services in the locality or determines, as provided in 29 CFR 4.11,
that the collective bargaining agreement applicable to service employees
employed under the predecessor contract was not entered into as a result of
arm's length negotiations. Where it is found in accordance with the review
procedures provided in 29 CFR 4.10 and 4.11 and parts 6 and 8 that some or
all of the wages and fringe benefits contained in a predecessor Contractor's
collective bargaining agreement are substantially at variance with those
which prevail for services of a character similar in the locality, and that the
collective bargaining agreement applicable to service employees employed
under the predecessor contract was not entered into as a result of arm's length
negotiations, the Department will issue a new or revised wage determination
setting forth the applicable wage rates and fringe benefits. Such
determination shall be made part of the contract or subcontract, in
accordance with the decision of the Administrator, the Administrative Law
Judge, or the Board of Service Contract Appeals, as the case may be,
irrespective of whether such issuance occurs prior to or after the award of a
contract or subcontract (53 Comp. Gen. 401 (1973)). In the case of a wage
determination issued solely as a result of a finding of substantial variance,
such determination shall be effective as of the date of the final administrative
decision.
(f) Notification to employees
: The Contractor shall notify each service employee
commencing work on this contract of a minimum wage and any fringe benefits
required to be paid, or shall post a notice of these wages and benefits in a
prominent and accessible place at the worksite, using such poster as may be
provided by the Department of Labor.
March (2007)
SCP. 21
(g) Safe and sanitary working conditions: The Contractor shall not permit services
called for by this contract to be performed in buildings or surroundings or under
working conditions provided by or under the control or supervision of the
Contractor that are unsanitary, hazardous, or dangerous to the health or safety of
service employees. The Contractor shall comply with the health standards applied
under 29 CFR Part 1925.
(h) Records: The Contractor shall maintain for 3 years from the completion of work,
and make available for inspection and transcription by authorized ESA
representatives, a record of the following:
(1) For each employee subject to the Act:
(a) Name and address;
(b) Work classification or classifications, rate or rates of wages and
fringe benefits provided, rate or rates of payments in lieu of
fringe benefits, and total daily and weekly compensation;
(c) Daily and weekly hours worked; and
(d) Any deductions, rebates, or refunds from total daily or weekly
compensation.
(2) For those classes of service employees not included in any wage
determination attached to this contract, wage rates or fringe benefits
determined by the interested parties or by ESA under the terms of
paragraph (c)(3) of this clause. A copy of the report required by
paragraph (e) of this clause will fulfill this requirement.
(3) Any list of the predecessor Contractor's employees which had been
furnished to the Contractor as prescribed by this clause. The Contractor
shall also make available a copy of this contract for inspection or
transcription by authorized representatives of the Wage and Hour
Division. Failure to make and maintain or to make available these
records for inspection and transcription shall be a violation of the
regulations and this contract, and in the case of failure to produce these
records, the Contracting Officer, upon direction of the Department of
Labor and notification to the Contractor, shall take action to cause
suspension of any further payment or advance of funds until the violation
ceases. The Contractor shall permit authorized representatives of the
Wage and Hour Division to conduct interviews with employees at the
worksite during normal working hours.
(i) Pay periods
: The Contractor shall unconditionally pay to each employee subject
to the Act all wages due free and clear and without subsequent deduction (except
as otherwise provided by law or regulations, 29 CFR part 4), rebate, or kickback
on any account. These payments shall be made no later than one pay period
following the end of the regular pay period in which the wages were earned or
accrued. A pay period under this Act may not be of any duration longer than
semi-monthly.
(j) Withholding of payments and termination of contract
: The Contracting Officer
shall withhold from the prime Contractor under this or any other District contract
March (2007)
SCP. 22
with the prime contractor any sums the Contracting Officer, or an appropriate
officer of the Labor Department, decides may be necessary to pay underpaid
employees. In the event of failure to pay any employees subject to the Act all or
part of the wages or fringe benefits due under the Act, the Contracting Officer
may, after authorization or by direction of the Department of Labor and written
notification to the Contractor, take action to cause suspension of any further
payment or advance of funds until such violations have ceased. Additionally,
any failure to comply with the requirements of this clause may be grounds for
termination for default. In such event, the District may enter into other contracts
or arrangements for completion of the work, charging the Contractor in default
with any additional cost.
(k) Subcontracts
: The Contractor agrees to insert this clause in all subcontracts.
(l) Contractor's report:
(1) If there is a wage determination attachment to this contract and any
classes of service employees not listed on it are to be employed under the
contract, the Contractor shall report promptly to the Contracting Officer
the wages to be paid and the fringe benefits to be provided each of these
classes, when determined under paragraph (c) of this clause.
(2) If wages to be paid or fringe benefits to be furnished any service
employees under the contract are covered in a collective bargaining
agreement effective at any time when the contract is being performed,
the Contractor shall provide to the Contracting Officer a copy of the
agreement and full information on the application and accrual of wages
and benefits (including any prospective increases) to service employees
working on the contract. The Contractor shall report when contract
performance begins, in the case of agreements then in effect, and shall
report subsequently effective agreements, provisions, or amendments
promptly after they are negotiated.
(m) Contractor's Certification
: By entering into this contract, the Contractor (and
officials thereof) certifies that neither it (nor he or she) nor any person or firm
who has a substantial interest in the Contractor's firm is a person or firm
ineligible to be awarded District contracts by virtue of the sanctions imposed
under section 5 of the Act. No part of this contract shall be subcontracted to any
person or firm ineligible for award of a District contract under section 5 of the
Act. The penalty for making false statements is prescribed in the U.S. Criminal
Code, 18 U.S.C. §1001.
(n) Variations, tolerances, and exemptions involving employment
: Notwithstanding
any of the provisions in paragraphs (c) through (l) of this clause, the following
employees may be employed in accordance with the following variations,
tolerances, and exemptions authorized by the Secretary of Labor.
(1)(i) In accordance with regulations issued under Section 14 of the Fair Labor
Standards Act of 1938 by the Administrator of the Wage and Hour
Division, ESA (29 CFR 520, 521, 524, and 525), apprentices, student
learners, and workers whose earning capacity is impaired by age or by
physical or mental deficiency or injury, may be employed at wages lower
than the minimum wages otherwise required by section 2(a)(1) or 2(b)(1)
March (2007)
SCP. 23
of the Service Contract Act, without diminishing any fringe benefits or
payments in lieu of these benefits required under section 2(a)(2) of the
Act.
(ii) The Administrator will issue certificates under the Act for employing
apprentices, student-learners, handicapped persons, or handicapped
clients of sheltered workshops not subject to the Fair Labor Standards
Act of 1938, or subject to different minimum rates of pay under the two
acts, authorizing appropriate rates of minimum wages, but without
changing requirements concerning fringe benefits or supplementary cash
payments in lieu of these benefits.
(iii) The Administrator may also withdraw, annul, or cancel such certificates
under 29 CFR 525 and 528.
(2) An employee engaged in an occupation in which the employee
customarily and regularly receives more than $30 a month in tips shall be
credited by the employer against the minimum wage required by section
2(a)(1) or section 2(b)(1) of the Act, in accordance with regulations in 29
CFR 531. However, the amount of credit shall not exceed 40 percent of
the minimum rate specified in section 6(a)(1) of the Fair Labor Standards
Act of 1938 as amended.
25. Cost and Pricing Data:
(a) This paragraph and paragraphs b through e below shall apply to contractors or
offerors in regards to: (1) any procurement in excess of $100,000, (2) any
contract awarded through competitive sealed proposals, (3) any contract awarded
through sole source procurement, or (4) any change order or contract
modification. By entering into this contract or submitting this offer, the
Contractor or offeror certifies that, to the best of the Contractor’s or offeror’s
knowledge and belief, any cost and pricing data submitted was accurate,
complete and current as of the date specified in the contract or offer.
(b) Unless otherwise provided in the solicitation, the offeror or Contractor shall,
before entering into any contract awarded through competitive sealed proposals
or through sole source procurement or before negotiating any price adjustments
pursuant to a change order or modification, submit cost or pricing data and
certification that, to the best of the Contractor’s knowledge and belief, the cost or
pricing data submitted was accurate, complete, and current as of the date of
award of this contract or as of the date of negotiation of the change order or
modification.
(c) If any price, including profit or fee, negotiated in connection with this contract,
or any cost reimbursable under this contract, was increased by any significant
amount because (1) the Contractor or a subcontractor furnished cost or pricing
data that were not complete, accurate, and current as certified by the Contractor,
(2) a subcontractor or prospective subcontractor furnished the Contractor cost or
pricing data that were not complete, accurate, and current as certified by the
Contractor, or (3) any of these parties furnished data of any description that were
not accurate, the price or cost shall be reduced accordingly and the contract shall
be modified to reflect the reduction.
March (2007)
SCP. 24
(d) Any reduction in the contract price under paragraph c above due to defective data
from a prospective subcontractor that was not subsequently awarded, the
subcontract shall be limited to the amount, plus applicable overhead and profit
markup, by which (1) the actual subcontract or (2) the actual cost to the
Contractor, if there was no subcontract, was less than the prospective subcontract
cost estimate submitted by the Contractor; provided that the actual subcontract
price was not itself affected by defective cost or pricing data.
(e) Cost or pricing data includes all facts as of the time of price agreement that
prudent buyers and sellers would reasonably expect to affect price negotiations
significantly. Cost or pricing data are factual, not judgmental, and are therefore
verifiable. While they do not indicate the accuracy of the prospective
Contractor’s judgment about estimated future costs or projections, cost or pricing
data do include the data forming the basis for that judgment. Cost or pricing data
are more than historical accounting data; they are all the facts that can be
reasonably expected to contribute to the soundness of estimates of future costs
and to the validity of determinations of costs already incurred.
(f) The following specific information should be included as cost or pricing data, as
applicable:
(1) Vendor quotations;
(2) Nonrecurring costs;
(3) Information on changes in production methods or purchasing volume;
(4) Data supporting projections of business prospects and objectives and
related operations costs;
(5) Unit – cost trends such as those associated with labor efficiency;
(6) Make or buy decisions;
(7) Estimated resources to attain business goals;
(8) Information on management decisions that could have a significant
bearing on costs.
(g) If the offeror or contractor is required by law to submit cost or pricing data in
connection with pricing this contract or any change order or modification of this
contract, the Contracting Officer or representatives of the Contracting Officer shall
have the right to examine all books, records, documents and other data of the
Contractor (including computations and projections) related to negotiating, pricing, or
performing the contract, change order or modification, in order to evaluate the
accuracy, completeness, and currency of the cost or pricing data. The right of
examination shall extend to all documents necessary to permit adequate evaluation of
the cost or pricing data submitted, along with the computations and projections used.
Contractor shall make available at its office at all reasonable times the materials
described above for examination, audit, or reproduction until three years after the later
of:
(1) final payment under the contract;
March (2007)
SCP. 25
(2) final termination settlement; or
(3) the final disposition of any appeals under the disputes clause or of
litigation or the settlement of claims arising under or relating to the
contract.
26. Multiyear Contract:
If this contract is a multiyear contract, then the following provision is made part of this
contract:
If funds are not appropriated or otherwise made available for the continued performance
in a subsequent year of a multiyear contract, the contract for the subsequent year shall be
terminated, either automatically or in accordance with the termination clause of the
contract. Unless otherwise provided for in the contract, the effect of termination is to
discharge both the District and the Contractor from future performance of the contract,
but not from the existing obligations. The Contractor shall be reimbursed for the
reasonable value of any non-recurring costs incurred but not amortized in the price of the
supplies or services delivered under the contract.
27. Termination Of Contracts For Certain Crimes And Violations:
(a) The District may terminate without liability any contract and may deduct from
the contract price or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid in violation of this title if:
(1) The Contractor has been convicted of a crime arising out of or in
connection with the procurement of any work to be done or any payment
to be made under the contract; or
(2) There has been any breach or violation of:
(A) Any provision of the Procurement Practices Act of 1985, as
amended, or
(B) The contract provision against contingent fees.
(b) If a contract is terminated pursuant to this section, the Contractor:
(1) May be paid only the actual costs of the work performed to the date of
termination, plus termination costs, if any; and
(2) Shall refund all profits or fixed fees realized under the Contract.
(c) The rights and remedies contained in this are in addition to any other right or
remedy provided by law, and the exercise of any of them is not a waiver of any
other right or remedy provided by law.
"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON D.C. 20210
|
|
|
| Wage Determination No.: 2015-4281
Daniel W. Simms Division of | Revision No.: 33
Director Wage Determinations| Date Of Last Revision: 04/25/2025
_______________________________________|____________________________________________
Note: Contracts subject to the Service Contract Act are generally required to
pay at least the applicable minimum wage rate required under Executive Order
14026 or Executive Order 13658.
_____________________________________________________________________________________
|If the contract is entered into on or |Executive Order 14026 generally applies to |
|after January 30, 2022, or the |the contract. |
|contract is renewed or extended (e.g., |The contractor must pay all covered workers |
|an option is exercised) on or after |at least $17.75 per hour (or the applicable |
|January 30, 2022: |wage rate listed on this wage determination,|
| |if it is higher) for all hours spent |
| |performing on the contract in 2025. |
________________________________________|____________________________________________
|If the contract was awarded on or |Executive Order 13658 generally applies to |
|between January 1, 2015 and January 29,|the contract. |
|2022, and the contract is not renewed |The contractor must pay all covered workers |
|or extended on or after January 30, |at least $13.30 per hour (or the applicable |
|2022: |wage rate listed on this wage determination,|
| |if it is higher) for all hours spent |
| |performing on the contract in 2025. |
_____________________________________________________________________________________
The applicable Executive Order minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections under the Executive Orders
is available at www.dol.gov/whd/govcontracts.
____________________________________________________________________________________
States: District of Columbia, Maryland, Virginia
Area: District of Columbia Statewide
Maryland Counties of Charles, Prince George's
Virginia Counties of Alexandria, Arlington, Fairfax, Falls Church, Fauquier,
Loudoun, Manassas, Manassas Park, Prince William, Stafford
____________________________________________________________________________________
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations
01011 - Accounting Clerk I 21.83
01012 - Accounting Clerk II 24.50
01013 - Accounting Clerk III 27.41
01020 - Administrative Assistant 39.97
01035 - Court Reporter 29.26
01041 - Customer Service Representative I 17.59***
01042 - Customer Service Representative II 19.19
01043 - Customer Service Representative III 21.54
01051 - Data Entry Operator I 19.11
01052 - Data Entry Operator II 20.85
01060 - Dispatcher, Motor Vehicle 25.71
01070 - Document Preparation Clerk 21.07
01090 - Duplicating Machine Operator 21.07
01111 - General Clerk I 20.12
01112 - General Clerk II 21.96
01113 - General Clerk III 24.65
01120 - Housing Referral Assistant 26.61
01141 - Messenger Courier 22.01
01191 - Order Clerk I 20.25
01192 - Order Clerk II 22.10
01261 - Personnel Assistant (Employment) I 22.42
01262 - Personnel Assistant (Employment) II 25.08
01263 - Personnel Assistant (Employment) III 27.95
01270 - Production Control Clerk 28.45
01290 - Rental Clerk 21.83
01300 - Scheduler, Maintenance 21.33
01311 - Secretary I 21.33
01312 - Secretary II 23.86
01313 - Secretary III 26.61
01320 - Service Order Dispatcher 22.98
01410 - Supply Technician 39.97
01420 - Survey Worker 22.94
01460 - Switchboard Operator/Receptionist 19.12
01531 - Travel Clerk I 22.65
01532 - Travel Clerk II 24.70
01533 - Travel Clerk III 26.66
01611 - Word Processor I 18.97
01612 - Word Processor II 21.29
01613 - Word Processor III 23.81
05000 - Automotive Service Occupations
05005 - Automobile Body Repairer, Fiberglass 29.21
05010 - Automotive Electrician 28.76
05040 - Automotive Glass Installer 27.09
05070 - Automotive Worker 27.09
05110 - Mobile Equipment Servicer 23.30
05130 - Motor Equipment Metal Mechanic 30.28
05160 - Motor Equipment Metal Worker 27.09
05190 - Motor Vehicle Mechanic 30.28
05220 - Motor Vehicle Mechanic Helper 21.32
05250 - Motor Vehicle Upholstery Worker 25.28
05280 - Motor Vehicle Wrecker 27.09
05310 - Painter, Automotive 28.76
05340 - Radiator Repair Specialist 27.09
05370 - Tire Repairer 21.12
05400 - Transmission Repair Specialist 30.28
07000 - Food Preparation And Service Occupations
07010 - Baker 17.87
07041 - Cook I 20.40
07042 - Cook II 23.72
07070 - Dishwasher 17.70***
07130 - Food Service Worker 17.41***
07210 - Meat Cutter 22.13
07260 - Waiter/Waitress 18.48
09000 - Furniture Maintenance And Repair Occupations
09010 - Electrostatic Spray Painter 28.23
09040 - Furniture Handler 15.47***
09080 - Furniture Refinisher 24.81
09090 - Furniture Refinisher Helper 18.38
09110 - Furniture Repairer, Minor 21.80
09130 - Upholsterer 21.85
11000 - General Services And Support Occupations
11030 - Cleaner, Vehicles 17.68***
11060 - Elevator Operator 17.84
11090 - Gardener 25.16
11122 - Housekeeping Aide 17.84
11150 - Janitor 17.84
11210 - Laborer, Grounds Maintenance 19.16
11240 - Maid or Houseman 17.70***
11260 - Pruner 18.28
11270 - Tractor Operator 23.02
11330 - Trail Maintenance Worker 19.16
11360 - Window Cleaner 18.70
12000 - Health Occupations
12010 - Ambulance Driver 24.09
12011 - Breath Alcohol Technician 31.01
12012 - Certified Occupational Therapist Assistant 40.02
12015 - Certified Physical Therapist Assistant 36.67
12020 - Dental Assistant 23.78
12025 - Dental Hygienist 52.41
12030 - EKG Technician 45.58
12035 - Electroneurodiagnostic Technologist 45.58
12040 - Emergency Medical Technician 24.09
12071 - Licensed Practical Nurse I 27.72
12072 - Licensed Practical Nurse II 31.01
12073 - Licensed Practical Nurse III 34.57
12100 - Medical Assistant 22.48
12130 - Medical Laboratory Technician 34.27
12160 - Medical Record Clerk 25.58
12190 - Medical Record Technician 28.61
12195 - Medical Transcriptionist 20.72
12210 - Nuclear Medicine Technologist 49.45
12221 - Nursing Assistant I 15.11***
12222 - Nursing Assistant II 17.01***
12223 - Nursing Assistant III 18.56
12224 - Nursing Assistant IV 20.83
12235 - Optical Dispenser 28.14
12236 - Optical Technician 23.50
12250 - Pharmacy Technician 21.90
12280 - Phlebotomist 23.72
12305 - Radiologic Technologist 41.51
12311 - Registered Nurse I 31.84
12312 - Registered Nurse II 38.95
12313 - Registered Nurse II, Specialist 38.95
12314 - Registered Nurse III 47.12
12315 - Registered Nurse III, Anesthetist 47.12
12316 - Registered Nurse IV 56.48
12317 - Scheduler (Drug and Alcohol Testing) 38.42
12320 - Substance Abuse Treatment Counselor 30.37
13000 - Information And Arts Occupations
13011 - Exhibits Specialist I 24.30
13012 - Exhibits Specialist II 30.10
13013 - Exhibits Specialist III 36.82
13041 - Illustrator I 25.90
13042 - Illustrator II 32.08
13043 - Illustrator III 39.23
13047 - Librarian 43.76
13050 - Library Aide/Clerk 21.22
13054 - Library Information Technology Systems 39.51
Administrator
13058 - Library Technician 24.49
13061 - Media Specialist I 28.52
13062 - Media Specialist II 31.90
13063 - Media Specialist III 35.55
13071 - Photographer I 24.22
13072 - Photographer II 27.09
13073 - Photographer III 33.55
13074 - Photographer IV 41.04
13075 - Photographer V 49.65
13090 - Technical Order Library Clerk 26.65
13110 - Video Teleconference Technician 30.84
14000 - Information Technology Occupations
14041 - Computer Operator I 27.25
14042 - Computer Operator II 30.48
14043 - Computer Operator III 33.99
14044 - Computer Operator IV 37.76
14045 - Computer Operator V 41.82
14071 - Computer Programmer I (see 1)
14072 - Computer Programmer II (see 1)
14073 - Computer Programmer III (see 1)
14074 - Computer Programmer IV (see 1)
14101 - Computer Systems Analyst I (see 1)
14102 - Computer Systems Analyst II (see 1)
14103 - Computer Systems Analyst III (see 1)
14150 - Peripheral Equipment Operator 27.25
14160 - Personal Computer Support Technician 37.76
14170 - System Support Specialist 41.82
15000 - Instructional Occupations
15010 - Aircrew Training Devices Instructor (Non-Rated) 41.82
15020 - Aircrew Training Devices Instructor (Rated) 50.59
15030 - Air Crew Training Devices Instructor (Pilot) 60.66
15050 - Computer Based Training Specialist / Instructor 41.82
15060 - Educational Technologist 48.91
15070 - Flight Instructor (Pilot) 60.66
15080 - Graphic Artist 39.60
15085 - Maintenance Test Pilot, Fixed, Jet/Prop 60.66
15086 - Maintenance Test Pilot, Rotary Wing 60.66
15088 - Non-Maintenance Test/Co-Pilot 60.66
15090 - Technical Instructor 32.56
15095 - Technical Instructor/Course Developer 39.83
15110 - Test Proctor 26.28
15120 - Tutor 26.28
16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations
16010 - Assembler 20.03
16030 - Counter Attendant 20.03
16040 - Dry Cleaner 22.90
16070 - Finisher, Flatwork, Machine 20.03
16090 - Presser, Hand 20.03
16110 - Presser, Machine, Drycleaning 20.03
16130 - Presser, Machine, Shirts 20.03
16160 - Presser, Machine, Wearing Apparel, Laundry 20.03
16190 - Sewing Machine Operator 23.86
16220 - Tailor 24.82
16250 - Washer, Machine 20.99
19000 - Machine Tool Operation And Repair Occupations
19010 - Machine-Tool Operator (Tool Room) 31.46
19040 - Tool And Die Maker 38.21
21000 - Materials Handling And Packing Occupations
21020 - Forklift Operator 24.07
21030 - Material Coordinator 28.45
21040 - Material Expediter 28.45
21050 - Material Handling Laborer 19.81
21071 - Order Filler 18.01
21080 - Production Line Worker (Food Processing) 24.07
21110 - Shipping Packer 21.99
21130 - Shipping/Receiving Clerk 21.99
21140 - Store Worker I 19.08
21150 - Stock Clerk 22.91
21210 - Tools And Parts Attendant 24.07
21410 - Warehouse Specialist 24.07
23000 - Mechanics And Maintenance And Repair Occupations
23010 - Aerospace Structural Welder 46.69
23019 - Aircraft Logs and Records Technician 37.02
23021 - Aircraft Mechanic I 44.33
23022 - Aircraft Mechanic II 46.69
23023 - Aircraft Mechanic III 48.97
23040 - Aircraft Mechanic Helper 31.21
23050 - Aircraft, Painter 42.10
23060 - Aircraft Servicer 37.02
23070 - Aircraft Survival Flight Equipment Technician 42.10
23080 - Aircraft Worker 39.66
23091 - Aircrew Life Support Equipment (ALSE) Mechanic 39.66
I
23092 - Aircrew Life Support Equipment (ALSE) Mechanic 44.33
II
23110 - Appliance Mechanic 27.81
23120 - Bicycle Repairer 20.03
23125 - Cable Splicer 43.10
23130 - Carpenter, Maintenance 28.58
23140 - Carpet Layer 24.79
23160 - Electrician, Maintenance 36.28
23181 - Electronics Technician Maintenance I 35.18
23182 - Electronics Technician Maintenance II 37.35
23183 - Electronics Technician Maintenance III 39.32
23260 - Fabric Worker 29.06
23290 - Fire Alarm System Mechanic 31.36
23310 - Fire Extinguisher Repairer 26.78
23311 - Fuel Distribution System Mechanic 37.07
23312 - Fuel Distribution System Operator 28.53
23370 - General Maintenance Worker 26.68
23380 - Ground Support Equipment Mechanic 44.33
23381 - Ground Support Equipment Servicer 37.02
23382 - Ground Support Equipment Worker 39.66
23391 - Gunsmith I 26.78
23392 - Gunsmith II 31.14
23393 - Gunsmith III 34.80
23410 - Heating, Ventilation And Air-Conditioning 34.66
Mechanic
23411 - Heating, Ventilation And Air Contidioning 36.51
Mechanic (Research Facility)
23430 - Heavy Equipment Mechanic 34.05
23440 - Heavy Equipment Operator 29.25
23460 - Instrument Mechanic 37.03
23465 - Laboratory/Shelter Mechanic 33.05
23470 - Laborer 19.81
23510 - Locksmith 35.47
23530 - Machinery Maintenance Mechanic 33.73
23550 - Machinist, Maintenance 34.32
23580 - Maintenance Trades Helper 20.27
23591 - Metrology Technician I 37.03
23592 - Metrology Technician II 39.00
23593 - Metrology Technician III 40.91
23640 - Millwright 29.89
23710 - Office Appliance Repairer 24.28
23760 - Painter, Maintenance 24.00
23790 - Pipefitter, Maintenance 33.08
23810 - Plumber, Maintenance 31.42
23820 - Pneudraulic Systems Mechanic 34.80
23850 - Rigger 34.16
23870 - Scale Mechanic 31.14
23890 - Sheet-Metal Worker, Maintenance 30.59
23910 - Small Engine Mechanic 24.40
23931 - Telecommunications Mechanic I 37.06
23932 - Telecommunications Mechanic II 39.03
23950 - Telephone Lineman 45.15
23960 - Welder, Combination, Maintenance 28.87
23965 - Well Driller 32.07
23970 - Woodcraft Worker 34.80
23980 - Woodworker 26.78
24000 - Personal Needs Occupations
24550 - Case Manager 23.07
24570 - Child Care Attendant 17.20***
24580 - Child Care Center Clerk 21.46
24610 - Chore Aide 17.91
24620 - Family Readiness And Support Services 23.07
Coordinator
24630 - Homemaker 23.07
25000 - Plant And System Operations Occupations
25010 - Boiler Tender 42.88
25040 - Sewage Plant Operator 32.51
25070 - Stationary Engineer 42.88
25190 - Ventilation Equipment Tender 30.19
25210 - Water Treatment Plant Operator 32.51
27000 - Protective Service Occupations
27004 - Alarm Monitor 29.26
27007 - Baggage Inspector 20.31
27008 - Corrections Officer 33.19
27010 - Court Security Officer 32.91
27030 - Detection Dog Handler 22.72
27040 - Detention Officer 33.19
27070 - Firefighter 32.62
27101 - Guard I 20.31
27102 - Guard II 22.72
27131 - Police Officer I 36.09
27132 - Police Officer II 40.11
28000 - Recreation Occupations
28041 - Carnival Equipment Operator 21.74
28042 - Carnival Equipment Repairer 23.76
28043 - Carnival Worker 17.22***
28210 - Gate Attendant/Gate Tender 21.78
28310 - Lifeguard 16.92***
28350 - Park Attendant (Aide) 24.36
28510 - Recreation Aide/Health Facility Attendant 17.78
28515 - Recreation Specialist 30.17
28630 - Sports Official 19.40
28690 - Swimming Pool Operator 27.63
29000 - Stevedoring/Longshoremen Occupational Services
29010 - Blocker And Bracer 35.81
29020 - Hatch Tender 35.81
29030 - Line Handler 35.81
29041 - Stevedore I 33.42
29042 - Stevedore II 38.01
30000 - Technical Occupations
30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 52.72
30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 36.35
30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 40.04
30021 - Archeological Technician I 24.14
30022 - Archeological Technician II 27.00
30023 - Archeological Technician III 33.44
30030 - Cartographic Technician 33.44
30040 - Civil Engineering Technician 41.58
30051 - Cryogenic Technician I 37.04
30052 - Cryogenic Technician II 40.90
30061 - Drafter/CAD Operator I 24.14
30062 - Drafter/CAD Operator II 27.00
30063 - Drafter/CAD Operator III 30.09
30064 - Drafter/CAD Operator IV 37.04
30081 - Engineering Technician I 22.92
30082 - Engineering Technician II 25.72
30083 - Engineering Technician III 28.79
30084 - Engineering Technician IV 35.64
30085 - Engineering Technician V 43.61
30086 - Engineering Technician VI 52.76
30090 - Environmental Technician 31.79
30095 - Evidence Control Specialist 33.44
30210 - Laboratory Technician 29.01
30221 - Latent Fingerprint Technician I 37.63
30222 - Latent Fingerprint Technician II 41.56
30240 - Mathematical Technician 42.36
30361 - Paralegal/Legal Assistant I 25.58
30362 - Paralegal/Legal Assistant II 31.69
30363 - Paralegal/Legal Assistant III 38.77
30364 - Paralegal/Legal Assistant IV 46.90
30375 - Petroleum Supply Specialist 40.90
30390 - Photo-Optics Technician 33.44
30395 - Radiation Control Technician 40.90
30461 - Technical Writer I 31.78
30462 - Technical Writer II 38.87
30463 - Technical Writer III 47.03
30491 - Unexploded Ordnance (UXO) Technician I 33.50
30492 - Unexploded Ordnance (UXO) Technician II 40.54
30493 - Unexploded Ordnance (UXO) Technician III 48.59
30494 - Unexploded (UXO) Safety Escort 33.50
30495 - Unexploded (UXO) Sweep Personnel 33.50
30501 - Weather Forecaster I 37.04
30502 - Weather Forecaster II 45.05
30620 - Weather Observer, Combined Upper Air Or (see 2) 30.09
Surface Programs
30621 - Weather Observer, Senior (see 2) 33.44
31000 - Transportation/Mobile Equipment Operation Occupations
31010 - Airplane Pilot 40.54
31020 - Bus Aide 20.16
31030 - Bus Driver 28.94
31043 - Driver Courier 21.14
31260 - Parking and Lot Attendant 17.17***
31290 - Shuttle Bus Driver 21.06
31310 - Taxi Driver 17.71***
31361 - Truckdriver, Light 23.10
31362 - Truckdriver, Medium 25.07
31363 - Truckdriver, Heavy 28.39
31364 - Truckdriver, Tractor-Trailer 28.39
99000 - Miscellaneous Occupations
99020 - Cabin Safety Specialist 19.76
99030 - Cashier 16.73***
99050 - Desk Clerk 17.76
99095 - Embalmer 34.10
99130 - Flight Follower 33.50
99251 - Laboratory Animal Caretaker I 20.32
99252 - Laboratory Animal Caretaker II 22.20
99260 - Marketing Analyst 40.69
99310 - Mortician 34.10
99410 - Pest Controller 21.91
99510 - Photofinishing Worker 22.57
99710 - Recycling Laborer 23.14
99711 - Recycling Specialist 28.16
99730 - Refuse Collector 22.08
99810 - Sales Clerk 17.18***
99820 - School Crossing Guard 20.44
99830 - Survey Party Chief 31.00
99831 - Surveying Aide 19.26
99832 - Surveying Technician 29.45
99840 - Vending Machine Attendant 17.68***
99841 - Vending Machine Repairer 22.47
99842 - Vending Machine Repairer Helper 17.68***
***Workers in this classification may be entitled to a higher minimum wage under
Executive Order 14026 ($17.75 per hour) or 13658 ($13.30 per hour). Please see the
Note at the top of the wage determination for more information. Please also note
that the minimum wage requirements of Executive Order 14026 and 13658 are not
currently being enforced as to contracts or contract-like instruments entered into
with the federal government in connection with seasonal recreational services or
seasonal recreational equipment rental for the general public on federal lands. The
minimum wage requirements of Executive Order 14026 also are not currently being
enforced as to any contract or subcontract to which the states of Texas, Louisiana,
or Mississippi, including their agencies, are a party.
____________________________________________________________________________________
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal
Contractors, applies to all contracts subject to the Service Contract Act for which
the contract is awarded (and any solicitation was issued) on or after January 1,
2017. If this contract is covered by the EO, the contractor must provide employees
with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid
sick leave each year. Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including preventive care; to
assist a family member (or person who is like family to the employee) who is ill,
injured, or has other health-related needs, including preventive care; or for
reasons resulting from, or to assist a family member (or person who is like family
to the employee) who is the victim of, domestic violence, sexual assault, or
stalking. Additional information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $5.36 per hour, up to 40 hours per week, or $214.40 per week or
$929.07 per month
HEALTH & WELFARE EO 13706: $4.93 per hour, up to 40 hours per week, or $197.20 per
week, or $854.53 per month*
*This rate is to be used only when compensating employees for performance on an SCA-
covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal
Contractors. A contractor may not receive credit toward its SCA obligations for any
paid sick leave provided pursuant to EO 13706.
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or
successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service
includes the whole span of continuous service with the present contractor or
successor, wherever employed, and with the predecessor contractors in the
performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin
Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth
National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans'
Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of
the named holidays another day off with pay in accordance with a plan communicated
to the employees involved.) (See 29 CFR 4.174)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:
1) COMPUTER EMPLOYEES: This wage determination does not apply to any individual
employed in a bona fide executive, administrative, or professional capacity, as
defined in 29 C.F.R. Part 541. (See 41 C.F.R. 6701(3)). Because most Computer
Systems Analysts and Computer Programmers who are paid at least $27.63 per hour (or
at least $684 per week if paid on a salary or fee basis) likely qualify as exempt
computer professionals under 29 U.S.C. 213(a)(1) and 29 U.S.C. 213(a)(17), this wage
determination may not include wage rates for all occupations within those job
families. In such instances, a conformance will be necessary if there are nonexempt
employees in these job families working on the contract.
Job titles vary widely and change quickly in the computer industry, and are not
determinative of whether an employee is an exempt computer professional. To be
exempt, computer employees who satisfy the compensation requirements must also have
a primary duty that consists of:
(1) The application of systems analysis techniques and procedures, including
consulting with users, to determine hardware, software or system functional
specifications;
(2) The design, development, documentation, analysis, creation, testing or
modification of computer systems or programs, including prototypes, based on and
related to user or system design specifications;
(3) The design, documentation, testing, creation or modification of computer
programs related to machine operating systems; or
(4) A combination of the aforementioned duties, the performance of which
requires the same level of skills. (29 C.F.R. 541.400).
Any computer employee who meets the applicable compensation requirements and the
above duties test qualifies as an exempt computer professional under both section
13(a)(1) and section 13(a)(17) of the Fair Labor Standards Act. (Field Assistance
Bulletin No. 2006-3 (Dec. 14, 2006)). Accordingly, this wage determination will not
apply to any exempt computer employee regardless of which of these two exemptions is
utilized.
2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you
work at night as part of a regular tour of duty, you will earn a night differential
and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.
If you are a full-time employed (40 hours a week) and Sunday is part of your
regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday
premium of 25% of your basic rate for each hour of Sunday work which is not overtime
(i.e. occasional work on Sunday outside the normal tour of duty is considered
overtime work).
** HAZARDOUS PAY DIFFERENTIAL **
An 8 percent differential is applicable to employees employed in a position that
represents a high degree of hazard when working with or in close proximity to
ordnance, explosives, and incendiary materials. This includes work such as
screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives,
and pyrotechnic compositions such as lead azide, black powder and photoflash powder.
All dry-house activities involving propellants or explosives. Demilitarization,
modification, renovation, demolition, and maintenance operations on sensitive
ordnance, explosives and incendiary materials. All operations involving re-grading
and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position that
represents a low degree of hazard when working with, or in close proximity to
ordnance, (or employees possibly adjacent to) explosives and incendiary materials
which involves potential injury such as laceration of hands, face, or arms of the
employee engaged in the operation, irritation of the skin, minor burns and the like;
minimal damage to immediate or adjacent work area or equipment being used. All
operations involving, unloading, storage, and hauling of ordnance, explosive, and
incendiary ordnance material other than small arms ammunition. These differentials
are only applicable to work that has been specifically designated by the agency for
ordnance, explosives, and incendiary material differential pay.
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract
(either by the terms of the Government contract, by the employer, by the state or
local law, etc.), the cost of furnishing such uniforms and maintaining (by
laundering or dry cleaning) such uniforms is an expense that may not be borne by an
employee where such cost reduces the hourly rate below that required by the wage
determination. The Department of Labor will accept payment in accordance with the
following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an
adequate number of uniforms without cost or to reimburse employees for the actual
cost of the uniforms. In addition, where uniform cleaning and maintenance is made
the responsibility of the employee, all contractors and subcontractors subject to
this wage determination shall (in the absence of a bona fide collective bargaining
agreement providing for a different amount, or the furnishing of contrary
affirmative proof as to the actual cost), reimburse all employees for such cleaning
and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in
those instances where the uniforms furnished are made of ""wash and wear""
materials, may be routinely washed and dried with other personal garments, and do
not require any special treatment such as dry cleaning, daily washing, or commercial
laundering in order to meet the cleanliness or appearance standards set by the terms
of the Government contract, by the contractor, by law, or by the nature of the work,
there is no requirement that employees be reimbursed for uniform maintenance costs.
** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **
The duties of employees under job titles listed are those described in the
""Service Contract Act Directory of Occupations"", Fifth Edition (Revision 1),
dated September 2015, unless otherwise indicated.
** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE, Standard
Form 1444 (SF-1444) **
Conformance Process:
The contracting officer shall require that any class of service employee which is
not listed herein and which is to be employed under the contract (i.e., the work to
be performed is not performed by any classification listed in the wage
determination), be classified by the contractor so as to provide a reasonable
relationship (i.e., appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage determination (See 29 CFR
4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor
prior to the performance of contract work by such unlisted class(es) of employees
(See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final
determination of conformed classification, wage rate, and/or fringe benefits which
shall be paid to all employees performing in the classification from the first day
of work on which contract work is performed by them in the classification. Failure
to pay such unlisted employees the compensation agreed upon by the interested
parties and/or fully determined by the Wage and Hour Division retroactive to the
date such class of employees commenced contract work shall be a violation of the Act
and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are
included in a contract, a separate SF-1444 should be prepared for each wage
determination to which a class(es) is to be conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a conformed
occupation(s) and computes a proposed rate(s).
2) After contract award, the contractor prepares a written report listing in order
the proposed classification title(s), a Federal grade equivalency (FGE) for each
proposed classification(s), job description(s), and rationale for proposed wage
rate(s), including information regarding the agreement or disagreement of the
authorized representative of the employees involved, or where there is no authorized
representative, the employees themselves. This report should be submitted to the
contracting officer no later than 30 days after such unlisted class(es) of employees
performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report
of the action, together with the agency's recommendations and pertinent
information including the position of the contractor and the employees, to the U.S.
Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)).
4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or
disapproves the action via transmittal to the agency contracting officer, or
notifies the contracting officer that additional time will be required to process
the request.
5) The contracting officer transmits the Wage and Hour Division's decision to the
contractor.
6) Each affected employee shall be furnished by the contractor with a written copy
of such determination or it shall be posted as a part of the wage determination (See
29 CFR 4.6(b)(2)(iii)).
Information required by the Regulations must be submitted on SF-1444 or bond paper.
When preparing a conformance request, the ""Service Contract Act Directory of
Occupations"" should be used to compare job definitions to ensure that duties
requested are not performed by a classification already listed in the wage
determination. Remember, it is not the job title, but the required tasks that
determine whether a class is included in an established wage determination.
Conformances may not be used to artificially split, combine, or subdivide
classifications listed in the wage determination (See 29 CFR 4.152(c)(1))."
Revised 10.18.2024
BUSINESS LETTERHEAD HERE
NO
TICE OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO)
REQUIREMENTS
M
ayor’s Order 85-85, “Compliance with Equal Opportunity Requirements in Contracts,” effective
June 10, 1985 (“Mayor’s Order 85-85”); the rules implementing Mayor’s Order 85-85, 4 DCMR
§ 1100 et seq.; and the D.C. Human Rights Act of 1977, as amended, D.C. Code § 2- 1401 et seq.
(“D.C. Human Rights Act”) are hereby included as part of this bid/proposal. Therefor e, each
bidder/offeror shall indicate below their written commitment to comply with Mayor’s Order 85 -
85, the implementing rules, and the D.C. Human Rights Act. Failure to comply with these
provisions shall result in rejection of the respective bid/proposal.
I
, __________________________, the authorized representative of ________________________
(Name of Contractor/Business) , hereinafter referred to as “the Contractor” certify that the
Contractor is fully aware of all of all of the provisions of Mayor’s Order 85-85, the implementing
rules, and the D.C. Human Rights Act. I further certify that the Contractor shall fully comply with
Mayor’s Order 85-85, the implementing rules, and the D.C. Human Rights Act for the trades,
crafts, and skills to be used during the term of the performance of the contract whether or not the
work is subcontracted if the Contractor is awarded the D.C. Government Contract referenced by
the contract number, solicitation number, and/or bid number entered below. Further, I certify that
the Contractor acknowledges and understands that the award of said contract and its continuation
are specifically conditioned upon the Contractor’s compliance with Mayor’s Order 85-85, the
implementing rules, and the D.C. Human Rights Act.
__________________________________
__________________________
Name of Authorized Official and Title Date
__________________________________
__________________________
Signature of Authorized Official Name of Contractor/Business
__________________________________
C
ontract/Solicitation/Bid Number
Revised 10.18.2024
BUSINESS LETTERHEAD HERE
EQ
UAL EMPLOYMENT OPPORTUNITY (EEO) POLICY COMMITMENT
________________________ (
Name of Contractor/Business) shall not discriminate against any
employee or applicant for employment because of age, color, credit information, disability, family
responsibilities, gender identity and expression, genetic information, homeless status, marital
status, matriculation, national origin, personal appearance, political affiliation, race, religion, sex,
sexual orientation, or status of a victim or family member of a victim of domestic violence, a sexual
offense, or stalking.
________________________ (
Name of Contractor/Business) agrees to take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without
regard to their age, color, credit information, disability, family responsibilities, gender identity and
expression, genetic information, homeless status, marital status, matriculation, national origin,
personal appearance, political affiliation, race, religion, sex, sexual orientation, or status of a victim
or family member of a victim of domestic violence, a sexual offense, or stalking. The affirmative
action shall include, but not be limited to, the following: (1) employment, upgrading, or transfer;
(2) recruitment or recruitment advertising; (3) demotion, layoff, or termination; (4) rates of pay, or
other forms of compensation; and (5) selection for training and apprenticeship.
________________________ (
Name of Contractor/Business) agrees to post in conspicuous
places, available to employees and applicants for employment, the above provisions concerning
non-discrimination and equal employment opportunity.
________________________ (
Name of Contractor/Business) 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 above provisions concerning
non-discrimination and equal employment opportunity.
________________________ (
Name of Contractor/Business) 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 that it will comply with th e above provisions concerning non-
discrimination and equal employment opportunity and the contractor’s commitments represented
herein, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
________________________ (
Name of Contractor/Business) agrees to permit access to all books,
records, and accounts, pertaining to its employment practices, by the Director of the Office of
Human Rights and the Contracting Agency for purposes of investigati on to ascertain compliance
with the above provisions concerning non-discrimination and equal employment opportunity, and
to require under terms of any subcontractor agreement each subcontractor to permit access of the
subcontractors, books, records, and accounts for such purposes.
Revised 10.18.2024
________________________ (
Name of Contractor/Business) agrees to comply with all guidelines
concerning non-discrimination and equal employment opportunity applicable in the District of
Columbia.
________________________ (
Name of Contractor/Business) shall include in every subcontract
the above provisions concerning non- discrimination and equal employment opportunity, so that
these provisions shall be binding upon each subcontractor or vendor.
________________________ (
Name of Contractor/Business) shall take action with respect to any
subcontract as the Contracting Officer may direct as a means of enforcing these provisions,
including sanctions for non-compliance; provided, that in the event the prime 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 prime contractor may request the District to enter into such
litigation to protect the interest of the District.
__________________________________
__________________________
Name of Authorized Official and Title Date
__________________________________
__________________________
Signature of Authorized Official Name of Contractor/Business
EQUAL EMPLOYMENT OPPORTUNITY
EMPLOYER INFORMATION REPORT
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DC Office of Contracting and Procurement
Employer Information Report (EEO)
Reply to:
Office of Contracting and Procurement 441 4th
Street, NW, Suite 700 South
Washington, DC 20001
Instructions:
Two (2) copies of DAS 84-404 or Federal Form EEO-1 shall be submitted to the Office of Contracting and Procurement to
comply with Section D of this report ONLY. One copy shall be retained by the Contractor.
Section A – TYPE OF REPORT
1. Indicate by marking in the appropriate box the type of reporting unit for which this copy of the form is submitted (MARK ONLY ONE BOX)
Single Establishment Employer
(1) ☐ Single-establishment Employer Report
Multi-establishment Employer
(2) ☐ Consolidated Report
(3) ☐ Headquarters Report
(4) ☐ Individual Establishment Report (submit one
for each establishment with 25 or more employees)
(5) ☐ Special Report
2. Total number of reports being filed by this Company.
Section B – COMPANY IDENTIFICATION OFFICIAL (To be answered by all employers) OFFICIAL USE
ONLY
1. Name of Company which owns or controls the establishment for which this report is filed a.
Address (Number and street) City or Town Country State Zip Code b.
b. Employer
Identification No.
2. Establishment for which this report is filed. OFFICIAL USE
ONLY
a. Name of establishment c.
Address (Number and street) City or Town Country State Zip Code d.
b. Employer
Identification No.
3. Parent of affiliated Company
a. Name of parent or affiliated Company b. Employer Identification No.
Address (Number and street) City or Town Country State Zip Code
Section C - ESTABLISHMENT INFORMATION
1. Is the location of the establishment the same as that reported last
year?
☐ Yes ☐ No ☐ Did not report ☐ Report on combined
last year basis
2. Is the major business activity at this establishment the same
as that reported last year?
☐ Yes ☐ No ☐ Did not report ☐ Report on combined
last year basis
OFFICIAL USE
ONLY
3. What is the major activity of this establishment? (Be specific, i.e., manufacturing steel castings, retail grocer, wholesale
plumbing supplies, title insurance, etc. Include the specific type of product or service provided, as well as the principal
business or industrial activity.)
e.
4. MINORITY GROUP MEMBERS: Indicate if you are a minority business enterprise (50% owned or 51% controlled by minority members).
5.
☐ YES ☐ NO
DAS 84-404 (Replaces D.C. Form 2640.9 Sept. 74 which is Obsolete) 84-2P891
SECTION D – EMPLOYMENT DATA
Employment at this establishment – Report all permanent, temporary, or part-time employees including apprentices and on-the-job trainees
unless specifically excluded as set forth in the instructions. Enter the appropriate figures on all lines and in all columns. Blank spaces will be
considered as zero. In columns 1, 2, and 3, include ALL employees in the establishment Including those in minority groups
JOB
CATEGORIES
TOTAL EMPLOYEES IN
ESTABLISHMENT
MINORITY GROUP EMPLOYEES
MALE FEMALE
Total
Employees
Including
Minorities
(1)
Total Male
Including
Minorities
(2)
Total
Female
Including
Minorities
(3)
Black
(4)
Asian
(5)
American
Indian
(6)
Hispanic
(7)
Black
(8)
Asian
(9)
American
Indian
(10)
Hispanic
(11)
Officials and
Managers
Professionals
Technicians
Sales Workers
Office and
Clerical
Craftsman
(Skilled)
Operative (Semi-
Skilled)
Laborers
(Unskilled)
Service Workers
TOTAL
Total employ
reported
in previous report
(The trainee below should also be included in the figures for the appropriate occupation categories above)
Formal
On-
The-Job
Trainee
White
collar
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Production
1. How was information as to race or ethnic group in Section D obtained? 2. Dates of payroll period used: __________________
a. ☐Visual Survey c. ☐Other Specify 3. Pay period of last report submitted for this
b. ☐Employment Record establishment: _
Section E – REMARKS Use this Item to give any identification data appearing on last report which differs from that given above, explain major changes
in composition or reporting units, and other pertinent information.
Section F - CERTIFICATION
Check one ☐ (1) All reports are accurate and were prepared in accordance with the instructions (check on consolidated only)
☐ (2) This report is accurate and was prepared in accordance with the instructions.
Name of Authorized Official Title Signature Date
Name of person contact regarding this report Address (Number and Street)
Title City and State Zip Code Telephone Number Extension
INFORMATION CITED HEREIN SHALL BE HELD IN CONFIDENCE
First Source Employment Agreement, Revised February 15, 2018 Page 1 of 11
GOVERNMENT OF THE DISTRICT OF COLUMBIA FIRST SOURCE EMPLOYMENT AGREEMENT 2 FOR NON CONSTRUCTION CONTRACTS ONLY GOVERNMENT-ASSISTED CONTRACT INFORMATION CONTRACT/SOLICITATION NUMBER: _______________________________________________ DISTRICT CONTRACTING AGENCY: _________________________________________________ CONTRACTING OFFICER: __________________________________________________________ TELEPHONE NUMBER: Email:___________________________ TOTAL CONTRACT AMOUNT EMPLOYER CONTRACT AMOUNT: _________________________________ CONTRACT NAME: ________________________________________________________________ CONTRACT ADDRESS: _____________________________________________________________ CITY: ___________________________ STATE: ________________ ZIP CODE: _______________ CONTRACT START DATE: CONTRACT END DATE: EMPLOYER START DATE: EMPLOYER END DATE: _ TOTAL GOVERNMENT ASSISTED FUNDED AMOUNT: DATE □ CONTRACT □ GRANT □ LOAN □ TAX ABATEMENT OR EXEMPTION □ LAND TRANSFER □ LAND DISPOSITION AND DEVELOPMENT AGREEMENT □ TAX INCREMENT FINANCING □ ANY ADDITIONAL LEGISLATION, IF YES D.C. CODE# BASE YEAR □ OPTION YEAR: 1 □ 2 □ 3 □ 4 □ 5 □ (SELECT CONTRACT YEAR) DESCRIPTION OF WORK: EMPLOYER INFORMATION EMPLOYER NAME: EMPLOYER ADDRESS: ____________________________________________________________ CITY: ___________________________ STATE: ________________ ZIP CODE: ______________ TELEPHONE NUMBER: FEDERAL IDENTIFICATION NO.: CONTACT PERSON: _______________________________________________________________ TITLE: E-MAIL:____________________________________TELEPHONE NUMBER: ________________ CERTIFIED BUSINESS ENTERPRISE CERTIFICATION NUMBER: _ ___________________ D.C. APPRENTICESHIP COUNCIL REGISTRATION NUMBER: ________________________ ARE YOU A SUBCONTRACTOR YES NO IF YES, NAME OF PRIME CONTRACTOR: ___________________________________________________________________ NONPROFIT ORGANIZATION WITH 50 EMPLOYEES OR LESS: YES No This First Source Employment Agreement (Agreement), in accordance with Workforce Intermediary Establishment and Reform of the First Source Amendment Act of 2011 (D.C. Official Code §§ 2- 219.01 – 2-219.05) and relevant provisions of the Apprenticeship Requirements Amendment Act of 2004 (D.C. Official Code § 2-219.03 and § 32-1431 is between the District of Columbia Department of Employment Services (DOES) and EMPLOYER. Pursuant to this Agreement, the EMPLOYER, which includes all contractors and subcontractors, shall meet the following requirements: Employer shall hire 51% District of Columbia residents (DC residents) for all new jobs created by the Contract and 35% of all apprenticeship hours worked in connection with the Contract shall be worked by DC residents registered in programs approved by the District of Columbia Apprenticeship Council.
First Source Employment Agreement, Revised February 15, 2018 Page 2 of 11
EMPLOYER shall use DOES as its first source for recruitment, referral, and placement of new hires for all new jobs created by the Government Assisted Project or Contract (Contract). EMPLOYER began work on the Contract, prior to receipt of an accepted First Source Employment Agreement (Agreement) from DOES, in violation of D.C. Code §2-219.03. In order to continue to work on the Contract, Employer shall adhere to the Agreement requirements retroactive to the date that work began and continuing until Contract completion. The Parties agree to the terms and conditions of the Agreement as follows: I. DEFINITIONS The following definitions shall govern the terms used in this Agreement. A. Apprentice means a worker who is employed to learn an apprenticeable occupation under the terms and conditions of approved apprenticeship standards. B. Beneficiary means: 1. The signatory to a contract executed by the Mayor which involves any District of Columbia government funds or funds which, in accordance with a federal grant or otherwise, the District government administers and which details the number and description of all jobs created by a government-assisted Contract for which the beneficiary is required to use the First Source Register. 2. A recipient of a District government economic development action, including contracts, grants, loans, tax abatements, land transfers for redevelopment, or tax increment financing that results in a financial benefit of $300,000 or more from an agency, commission, instrumentality, or other entity of the District government, including a financial or banking institution which serves as the repository for $1 million or more of District of Columbia funds. 3. A retail or commercial tenant that is a direct recipient of a District government economic development action, including contracts, grants, loans, tax abatements, land transfers for public redevelopment, or tax increment financing in excess of $300,000. C. Contracting Agency means any District of Columbia agency that is awarded a government- assisted Contract totaling $300,000 or more. D. Direct labor costs means all costs, including wages and benefits, associated with the hiring and employment of personnel assigned to a process in which payroll expenses are traced to the units of output and are included in the cost of goods sold. E. EMPLOYER means any entity awarded a government-assisted Project or Contract totaling $300,000.00 or more, including all individual contractor and subcontractor entities at any tier, who performed work on the Project or Contract. F. First Source Employer Portal means the website consisting of a connected group of static and dynamic (functional) pages and forms on the World Wide Web accessible by Uniform Resource Locator (URL) and maintained by DOES to provide information and reporting functionality to EMPLOYERS. G. First Source Register means the DOES Automated Applicant Files, which consists of the names of District of Columbia residents registered with DOES.
First Source Employment Agreement, Revised February 15, 2018 Page 3 of 11
H. Good faith effort means an EMPLOYER has exhausted all reasonable means to comply with any affirmative action, hiring, or contractual goal(s) pursuant to the First Source law and Agreement. I. Government-assisted Project or Contract (Contract) means any construction or non-construction Project or Contract receiving funds or resources, valued at $300,00 or more, from the District of Columbia or funds or resources which, in accordance with a federal grant or otherwise, the District of Columbia government administers, including contracts, grants, loans, tax abatements or exemptions, land transfers, land disposition and development agreements, tax increment financing, or any combination of the aforementioned. J. Hard to employ means a District of Columbia resident who is confirmed by DOES as: 1. An ex-offender who has been released from prison within the last 10 years; 2. A participant of the Temporary Assistance for Needy Families program; 3. A participant of the Supplemental Nutrition Assistance Program; 4. Living with a permanent disability verified by the Social Security Administration or District vocational rehabilitation program; 5. Unemployed for six (6) months or more in the last 12-month period; 6. Homeless; 7. A participant or graduate of the Transitional Employment Program established by § 32-1331; or 8. An individual who qualified for inclusion in the Work Opportunity Tax Credit Program as certified by DOES. K. Indirect labor costs means all costs, including wages and benefits, that are part of operating expenses and are associated with the hiring and employment of personnel assigned to tasks other than producing products. L. Jobs means any union and non-union managerial, non-managerial, professional, nonprofessional, technical or nontechnical position, including: clerical and sales occupations; service occupations; processing occupations; machine trade occupations; bench work occupations; structural work occupations; agricultural, fishery, forestry, and related occupations; and any other occupations as DOES may identify in the Dictionary of Occupational Titles, United States Department of Labor. M. New Hire: New employee hired by EMPLOYER to work on the government assisted Contract or Project for the new job created. N. Transfer: Existing employees EMPLOYER who has already worked for company and has been moved from one contract to another contract. O. Revised Employment Plan means a document prepared and submitted by the EMPLOYER that includes the following: 1. A projection of the total number of new positions that will be created as a result of
First Source Employment Agreement, Revised February 15, 2018 Page 4 of 11
the contract, including the job title, number of positions available, indication of part-time or full-time status, salary range, union affiliation (if applicable), and the contracted hire dates; 2. A roster of all current employees to include the name, affirmation of DC residence (check mark), and Ward, including apprentices, trainees, and transfers from other projects or contracts, who will be employed on the Contract; 3. A projection of the total number of full-time and part-time salaried employees on an annual basis that will be utilized on the Contract and the total number of full-time and part-time salaried employees that will be District residents; 4. A projection of the total number of hours to be worked on the Contract by full-time and part-time hourly wage employees on an annual basis and a projection of the total number of hours to be worked on the Contract by full-time and part-time hourly wage employees who are District residents; 5. A timetable outlining the total number of hours to be worked on the Contract by full-time and part-time hourly wage employees by job category and the total number of full-time and part-time salaried employees by job category over the duration of the life of the hiring requirements set forth by DOES and an associated hiring schedule which predicts when specific job openings will be available; 6. Descriptions of the skill requirements by job title or position, including industry- recognized certifications required for the different positions; 7. A strategy to fulfill DC resident hiring percentage pursuant to this Agreement, including a component on communicating these requirements to contractors and subcontractors and a component on potential community outreach partnerships with the University of the District of Columbia, the University of the District of Columbia Community College, DOES, Jointly Funded Apprenticeship Programs, the District of Columbia Workforce Intermediary, or other government-approved, community-based job training providers; 8. A remediation strategy to ameliorate any problems associated with meeting these hiring requirements, including any problems encountered with contractors and subcontractors; 9. The designation of a senior official from the EMPLOYER who will be responsible for implementing the hiring and reporting requirements; 10. Descriptions of the health and retirement benefits that will be provided to DC residents working on the Contract or Project; 11. A strategy to ensure that DC residents who work on the Contract or Project receive ongoing employment and training opportunities after they complete work on the job for which they were initially hired and a review of past practices in continuing to employ DC residents from one Contract or Project to the next; 12. A strategy to hire graduates of District of Columbia Public Schools, District of Columbia Public Charter Schools, and community-based job training providers, and hard-to-employ DC residents; and 13. A disclosure of past compliance with the Workforce Act and the Davis-Bacon Act,
First Source Employment Agreement, Revised February 15, 2018 Page 5 of 11
where applicable, and the EMPLOYER’S general DC resident hiring practices on projects or contracts completed within the last 2 years. P. Tier Subcontractor means any contractor selected by the primary subcontractor to perform portion(s) or all work related to the trade or occupation area(s) on a contract or project subject to this First Source Agreement. Q. Washington Metropolitan Statistical Area means the District of Columbia; Virginia Cities of Alexandria, Fairfax, Falls Church, Fredericksburg, Manassas, and Manassas Park; the Virginia Counties of Arlington, Clarke, Fairfax, Fauquier, Loudon, Prince William, Spotsylvania, Stafford, and Warren; the Maryland Counties of Calvert, Charles, Frederick, Montgomery, and Prince Georges; and the West Virginia County of Jefferson. R. Workforce Intermediary Pilot Program means the intermediary between employers and training providers to provide employers with qualified DC resident job applicants. See DC Official Code § 2-219.04b. II. GENERAL TERMS A. Subject to the terms and conditions set forth herein, DOES will receive the Agreement from the Contracting Agency no less than seven (7) calendar days in advance of the Contract start date. No work associated with the relevant Contract can begin until the Agreement has been accepted by DOES. B. The EMPLOYER shall require all contract Employers with contracts or subcontracts, under a contract receiving government assistance or benefits valued at $300,000 or more, to enter into an Agreement with DOES. C. DOES will provide recruitment, referral, and placement services to the EMPLOYER, subject to the limitations in this Agreement. D. Agreement will take affect once beneficiary/Employer been awarded a contract and has started work on the government assisted contract and no work can begin prior to execution of the Agreement and will be fully effective through the duration, any extension or modifications of the contract and until such as construction is complete and a certificate of occupancy is issued. E. If an EMPLOYER began work prior to the execution of a First Source Employment Agreement, the EMPLOYER shall cease work on the contract and sign a revised First Source Employment Agreement to be bound by the applicable First Source Employment Agreement requirements, retroactively, from the start of work throughout the duration of the contract. F. DOES and the EMPLOYER agree that, for purposes of this Agreement, new hires and jobs created for the Contract (both union and nonunion) include all of EMPLOYER'S job openings and vacancies in the Washington Metropolitan Statistical Area created for the Contract as a result of internal promotions, terminations, and expansions of the EMPLOYER'S workforce. G. This Agreement includes apprentices as defined in D.C. Official Code §§ 32-1401- 1431. H. DOES will make every effort to work within the terms of all collective bargaining agreements to which the EMPLOYER is a party. The EMPLOYER will provide DOES with written documentation that the EMPLOYER has provided the representative of any collective bargaining unit involved with this Contract a copy of this Agreement and has requested comments or objections. If the representative has any comments or objections, the
First Source Employment Agreement, Revised February 15, 2018 Page 6 of 11
EMPLOYER will promptly provide them to DOES. I. EMPLOYER with a contract with the District of Columbia government to perform construction, renovation work, or information technology work with a single contract, or cumulative contracts, of at least $500,000, within a 12-month period will be required to register an apprenticeship program with the District of Columbia Apprenticeship Council as required by DC Code 32-1431. J. If, during the term of this Agreement, the EMPLOYER should transfer possession of all or a portion of its business concerns affected by this Agreement to any other party by lease, sale, assignment, merger, or otherwise this First Source Agreement shall remain in full force and effect and transferee shall remain subject to all provisions herein. In addition, the EMPLOYER as a condition of transfer shall: 1. Notify the party taking possession of the existence of this EMPLOYER'S First Source Employment Agreement. 2. Notify DOES within seven (7) business days of the transfer. This notice will include the name of the party taking possession and the name and telephone of that party's representative. K. The EMPLOYER and DOES may mutually agree to modify this Agreement. Any modification shall be in writing, signed by the EMPLOYER and DOES, and attached to the original Agreement. L. To the extent that this Agreement is in conflict with any federal labor laws or governmental regulations, the federal laws or regulations shall prevail. III. TRAINING A. DOES and the EMPLOYER may agree to develop skills training and on-the-job training programs as approved by DOES; the training specifications and cost for such training will be mutually agreed upon by the EMPLOYER and DOES and will be set forth in a separate Training Agreement. IV. RECRUITMENT A. The Employer shall complete a Revised Employment Plan that will include the information outlined in Section I.O. B. The EMPLOYER shall register and post all job vacancies with the Job Bank Services of DOES at www.dcnetworks.org for a minimum of 10 calendar days. Should Employer need assistance posting job vacancies, Employer may contact Job Bank Services at (202) 698- 6001. C. The EMPLOYER shall notify DOES of all new jobs created for the Contract within at least seven (7) business days (Monday - Friday) of the EMPLOYER’S identification/creation of the new jobs. The Notice of New Job Creation shall include the number of employees needed by job title, qualifications and specific skills required to perform the job, hiring date, rate of pay, hours of work, duration of employment, and a description of the work to be performed. This must be done before using any other referral source.
First Source Employment Agreement, Revised February 15, 2018 Page 7 of 11
D. Job openings to be filled by internal promotion from the EMPLOYER'S current workforce shall be reported to DOES for placement and referral, if the job is newly created. EMPLOYER shall provide DOES a Notice of New Job Creation that details such promotions in accordance with Section IV.B. E. The EMPLOYER shall submit to DOES, prior to commencing work on the Contract, a list of current employees that includes the name, Social Security Number, and residency status of all current employees, including apprentices, trainees, and laid-off workers who will be employed on the Contract. All EMPLOYER information reviewed or gathered, including Social Security Numbers, as a result of DOES’ monitoring and enforcement activities will be held confidential in accordance with all District and federal confidentiality and privacy laws and used only for the purposes that it was reviewed or gathered. V. REFERRAL A. DOES will screen applicants through carefully planned recruitment and training events and provide the EMPLOYER with a list of qualified applicants according to the number of employees needed by job title, qualifications and specific skills required to perform the job, hiring date, rate of pay, hours of work, duration of employment, and a description of the work to be performed as supplied by the EMPLOYER in its Notice of New Job Creation set forth above in Section IV.B. B. DOES will notify the EMPLOYER of the number of applicants DOES will refer, prior to the anticipated hiring dates. VI. PLACEMENT A. The EMPLOYER shall in good faith, use reasonable efforts to select its new hires or employees from among the qualified applicants referred by DOES. All hiring decisions are made by the EMPLOYER. B. In the event that DOES is unable to refer qualified applicants meeting the EMPLOYER’S established qualifications, within seven (7) business days (Monday - Friday) from the date of notification from the EMPLOYER, the EMPLOYER will be free to directly fill remaining positions for which no qualified applicants have been referred. However, EMPLOYER shall still be required to meet the First Source hiring requirements for all new jobs created by the Contract. C. After the EMPLOYER has selected its employees, DOES is not responsible for the employees' actions and the EMPLOYER hereby releases DOES, and the Government of the District of Columbia, the District of Columbia Municipal Corporation, and the officers and employees of the District of Columbia from any liability for employees' actions. VII. REPORTING REQUIREMENTS A. EMPLOYER with Contracts receiving government assistance valued at $300,000 or more shall hire DC residents for at least 51% of all new jobs created by the contract and 35% of all apprenticeship hours worked in connection with the Contract shall be worked by DC residents registered in programs approved by the District of Columbia Apprenticeship Council. B. EMPLOYER shall register in the First Source Online Registration and Reporting System for electronic submission of all monthly Contract Compliance data, payroll records and any other
First Source Employment Agreement, Revised February 15, 2018 Page 8 of 11
documents required by DOES for reporting and monitoring. C. EMPLOYER shall submit to the Department of Employment Services each month from the start of the contract a hiring compliance report for the contract that includes the following Contract Compliance data: 1. Number of new job openings created/available; 2. Number of new job openings listed with DOES, or any other District Agency; 3. Number of DC residents hired for new jobs; 4. Number of employees transferred to the Contract; 5. Number of DC residents transferred to the Contract; 6. Direct or indirect labor cost associated with the Contract; 7. Each employee’s name, job title, Social Security Number, hire date, residence, and referral source; 8. Number of apprenticeship hours worked; 9. Number of apprenticeship hours worked by DC residents; and 10. Workforce statistics throughout the entire Contract tenure. D. Monthly, EMPLOYER must electronically submit the Contract Compliance data to DOES. EMPLOYER is also required to make payroll and employment records available to DOES as a part of compliance monitoring, upon request. VIII. FINAL REPORT AND GOOD FAITH EFFORTS A. With the submission of the final request for payment from the Contracting Agency, the EMPLOYER shall: 1. Document in a report to DOES its compliance with the hiring percentage requirements for all new jobs created by the Contract and the percentages of DC residents employed in all Job Classifications, for each area of the Contract; or 2. Submit to DOES a request for a waiver of the hiring percentage requirements for all new jobs created by the Contract that will include the following documentation: a. Documentation supporting EMPLOYER’S good faith effort to comply; b. Referrals provided by DOES and other referral sources; and c. Advertisement of job openings listed with DOES and other referral sources. B. DOES may waive the hiring percentage requirements for all new jobs created by the Contract, and/or the required percentages of DC residents in all Job Classifications areas on the Contract, if DOES finds that: 1. DOES certified that Beneficiary or EMPLOYER demonstrated a good faith effort to comply, as set forth in Section VIII.C.; or 2. EMPLOYER is located outside the Washington Metropolitan Statistical Area and none of the contract work is performed inside the Washington Metropolitan Statistical Area; or 3. The beneficiary published each job opening or part-time work needed for 7 calendar days in a District newspaper of city-wide circulation; and
First Source Employment Agreement, Revised February 15, 2018 Page 9 of 11
4. DOES certified that there are insufficient numbers of DC residents in the labor market possessing the skills required by the EMPLOYER for the positions created as a result of the Contract. 5. EMPLOYER entered into a special workforce development training or placement arrangement with DOES or with the District of Columbia Workforce Intermediary. C. DOES shall consider documentation of the following when making a determination of a good-faith effort to comply: 1. DOES has certified that there are insufficient number of District residents in the labor market possessing the skills required by the Employer for the positions created as a result of the Project; 2. Whether the EMPLOYER posted the jobs on the DOES job website for a minimum of ten (10) calendar days; 3. Whether the EMPLOYER advertised each job opening in a District newspaper with city-wide circulation for a minimum of seven (7) calendar days; 4. Whether the EMPLOYER advertised each job opening in special interest publications and on special interest media for a minimum of seven (7) calendar days; 5. Whether the EMPLOYER hosted informational/recruiting or hiring fairs; 6. Whether the EMPLOYER contacted churches, unions, and/or additional Workforce Development Organizations; 7. Whether the EMPLOYER interviewed employable candidates; 8. Whether the EMPLOYER created or participated in a workforce development program approved by DOES; 9. Whether the EMPLOYER created or participated in a workforce development program approved by the District of Columbia Workforce Intermediary; 10. Whether the EMPLOYER substantially complied with the relevant monthly reporting requirements set forth in this section; 11. Whether the EMPLOYER has submitted and substantially complied with its most recent employment plan that has been approved by DOES; and 12. Any additional documented efforts. IX. MONITORING A. DOES is the District agency authorized to monitor and enforce the requirements of the Workforce Intermediary Establishment and Reform of the First Source Amendment Act of 2011 (D.C. Official Code §§ 2-219.01 – 2.219.), and relevant provisions of the Apprenticeship Requirements Amendment Act of 2004 (D.C. Official Code § 2-219.03 and § 32-1431). As a part of monitoring and enforcement, DOES may require and EMPLOYER shall grant access to Contract sites, employees, and documents.
First Source Employment Agreement, Revised February 15, 2018 Page 10 of 11
B. EMPLOYER’S noncompliance with the provisions of this Agreement may result in the
imposition of penalties.
C. All EMPLOYER information reviewed or gathered, including Social Security Numbers, as a
result of DOES’ monitoring and enforcement activities will be held confidential in
accordance with all District and federal confidentiality and privacy laws and used only for the
purposes that it was reviewed or gathered.
D. DOES shall monitor all Contracts as authorized by law. DOES will:
1. Review all contract controls to d etermine if the Beneficiary or EMPLOYER, including
any Contractors or Subcontractors, are subject to the Workforce Intermediary
Establishment and Reform of the First Source Amendment Act of 2011.
2. Notify stakeholders and company officials and establish mee tings to provide technical
assistance involving the First Source process.
3. Make regular site visits to determine if the EMPLOYER or Subcontractor’s workforce is
in concurrence with the submitted Agreement and Monthly Compliance Reports.
4. Inspect and copy payroll, personnel records and any other records or information
necessary to ensure the required workforce utilization is in compliance with the First
Source Law.
5. Conduct desk reviews of Monthly Compliance Reports.
6. Educate EMPLOYERS about additional serv ices offered by DOES, such as On- the-Job
Training programs and tax incentives for EMPLOYERS who hire from certain
categories.
7. Monitor and complete statistical reports that identify the overall Contract, Employer,
contractor, and subcontractors’ hiring.
8. Provide formal notification of non -compliance with the required hiring or any alleged
breach of the First Source Law to all contracting agencies, and stakeholders.
X. PENALTIES
A. Willful Breach of the Agreement by the EMPLOYER, failure to submit the contract
compliance reports, deliberate submission of falsified data may result in DOES imposing a
fine of 5% of the total amount of the direct and indirect labor costs of the contract, in addition
to other penalties provided by law. Failure to meet the required hiring requirements or failure
to receive good faith waiver may result in the Department of Employment Services
imposing a 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 beneficiary fail to meet the hiring
requirements.
B. EMPLOYERS who have been found in violation two (2) times or more over a 10-year period
may be debarred and/or deemed ineligible for consideration for Contracts for a period of five
(5) years.
C. Appeals of violations or fines will be filed with the Contract Appeals Board.
First Source Employment Agreement, Revised February 15, 2018 Page 11 of 11
I h
ereby certify that I have the author ity to bind the EMPL OYER to this Agreement from the start of
work on the Contract throughout the duration of the Contract.
By:
______________________________________
EMPLOYER Senior Official (Print) Date
______________________________________
EMPLOYER Senior Official (Signature)
______________________________________
Name of Company
______________________________________
__________________ ____________________
Address
__________________ ____________________
Telephone
______________________________________
Email
______________________________________ ___________________
Signature Department of Employment Service Date
Date
GOVERNMENT OF THE DISTRICT OF COLUMBIA
REVISED EMPLOYMENT PLAN
1
I. REVISED FIRST SOURCE EMPLOYMENT PLAN
GOVERNMENT‐ASSISTED PROJECT/CONTRACT INFORMATION
DISTRICT CONTRACTING AGENCY:
CONTRACTING OFFICER:
TELEPHONE NUMBER:
TOTAL CONTRACT AMOUNT:
EMPLOYER CONTRACT AMOUNT:
PROJECT NAME:
PROJECT ADDRESS:
CITY: STATE: ZIP CODE:
PROJECT DESCRIPTION OF WORK:
PROJECT START DATE: PROJECT END DATE:
EMPLOYER START DATE: EMPLOYER END DATE:
EMPLOYER INFORMATION
EMPLOYER NAME:
COMPANY NAME:
EMPLOYER ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE NUMBER: FEDERAL IDENTIFICATION NO.:
CONTACT PERSON:
TITLE:
E‐MAIL: TELEPHONE NUMBER:
EMPLOYER DESCRIPTION OF WORK:
ARE YOU A SUBCONTRACTOR YES NO
IF YES, NAME OF PRIME CONTRACTOR:
PRIME CONTRACTOR WILL MEET HOURS WORKED PERCENTAGES REQUIREMENTS
FOR ENTIRE PROJECT OR PER EACH SUBCONTRACTOR
II. EMPLOYMENT HOURS TO BE WORKED PROJECTIONS
First Source law requires EMPLOYERS (winning bidders) to submit a revised Employment Plan.
A. For construction projects receiving $5 million or more in government
assistance, E m p l o y e r s t o provide projection of the total number of hours
to be worked on the project by trade.
JOURNEY WORKER
Provide a projection of the total number of journey worker hours, by trade, to be worked on the
project or contract and the total number of journey worker hours, by trade, to be worked by
District residents.
This page to be completed by Employer ______________
Employer Initials
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Contracts over $5 Million Only
February 15, 2018
GOVERNMENT OF THE DISTRICT OF COLUMBIA
REVISED EMPLOYMENT PLAN
2
Projection of Total Number of
Journey Worker Hours
Trade Projection of Total Number of Journey
Worker Hours by DC Residents
(First Source Law requires 20%)
APPRENTICE
Provide a projection of the total number of apprentice hours, by trade, to be worked on the
project or contract and the total number of apprentice hours, by trade, to be worked by District
residents.
Projection of Total Number of
Apprentice Hours
Trade Projection of Total Number of
Apprentice Hours by DC Residents
(First Source Law requires 60%)
SKILLED WORKER
Provide a projection of the total number of skilled laborer hours, by trade, to be worked on the
project or contract and the total number of skilled laborer hours, by trade, to be worked by
District residents.
Projection of Total Number of
Skilled Labor Hours
Trade Projection of Total Number of
Skilled Labor Hours by DC
Residents
(First Source Law requires 51%)
(First Source Law requires 51%)
COMMON LABORER
Provide a projection of the total number of common laborer hours to be worked on the project
or contract and the total number of common laborer hours to be worked by District residents.
Projection of Total Number of
Common Laborer Hours
Trade Projection of Total Number of Common
Laborer Hours by DC Residents
(First Source Law requires 70%)
This page to be completed by Employer ______________
Employer Initials
February 15, 2018
GOVERNMENT OF THE DISTRICT OF COLUMBIA
REVISED EMPLOYMENT PLAN
3
B. EMPLOYMENT HIRING PROJECTIONS
ALL EMPLOYERS:
Please indicate ALL new position(s) you will create as a result of the project. If you WILL NOT
be creating any new employment opportunities, please complete the attached justification
sheet with an explanation. Attach additional sheets as needed.
JOB TITLE # OF JOBS
F/T P/T
SALARY
RANGE
UNION MEMBERSHIP
REQUIRED NAME LOCAL#
PROJECTE
D HIRE
DATE A
B
C
D
E
F
G
H
I
J
K
This page to be completed by Employer ______________
Employer Initials
February 15, 2018
GOVERNMENT OF THE DISTRICT OF COLUMBIA
REVISED EMPLOYMENT PLAN
4
C. JUSTIFICATION SHEET: Please provide a detailed explanation of why the Employer will not
have any new hires on the project.
This page to be completed by Employer ______________
Employer Initials
February 15, 2018
GOVERNMENT OF THE DISTRICT OF COLUMBIA
REVISED EMPLOYMENT PLAN
5
D. EMPLOYMENT PROJECTIONS
I. Provide a timetable outlining the total hours worked by trade over the life of the project or
contract and an associated hiring schedule.
II. Provide descriptions of the skill requirements by job title or position, including industry‐
recognized certifications required for the different positions.
III. Provide a strategy to fill the hours required to be worked by District residents, including a
component on communicating these requirements to contractors and subcontractors and a
component on potential community outreach partnerships with the University of the District
of Columbia, the University of the District of Columbia Community College, the Department
of Employment Services, Jointly Funded Apprenticeship Programs, the District of Columbia
Workforce Intermediary, or other government‐approved, community‐based job training
providers.
This page to be completed by Employer ______________
Employer Initials
February 15, 2018
GOVERNMENT OF THE DISTRICT OF COLUMBIA
REVISED EMPLOYMENT PLAN
6
D. EMPLOYMENT PROJECTIONS (Continued)
IV. A remediation str ategy to ameliorate any problems associated with meeting these worked
hours percentage requirements, including any problems encountered with contractors and
subcontractors.
V. The designation of a senior official from the general contractor who will be responsible for
implementing the hours worked percentages and reporting requirements.
VI. Provide descriptions of the health and retirement benefits that will be provided to District
residents working on the project or contract.
VII. Provide a strategy to ensure that District residents who work on the project or contract
receive ongoing employment and training opportunities after they complete work on the job
for which they were initially hired and a review of past practices in continuing to employ
District residents from one project or contract to the next.
This page to be completed by Employer ______________
Employer Initials
February 15, 2018
GOVERNMENT OF THE DISTRICT OF COLUMBIA
REVISED EMPLOYMENT PLAN
7
D. EMPLOYMENT PROJECTIONS (continued)
VIII. Provide a strategy to hire graduates of District of Columbia Public Schools, District of
Columbia Public Charter Schools, community‐based job training providers, and hard‐to‐
employ residents.
IX. Please disclose past compliance with the First Source Employment Agreement Act of 1984 or
the Workforce Intermediary Establishment and Reform of First Source Amendment Act of
2011 and the Davis‐Bacon Act, where applicable, and the bidder or offeror's general District‐
resident hiring practices on projects or contracts completed within the last two (2) years.
X. Please note that EMPLOYERS on construction projects must submit weekly certified payrolls
from all subcontractors at any tier working on the project or contract, as well as make such
payroll and personnel records available upon request at job sites to the contracting District of
Columbia agency.
This page to be completed by Employer ______________
Employer Initials
February 15, 2018
GOVERNMENT OF THE DISTRICT OF COLUMBIA
REVISED EMPLOYMENT PLAN
8
Once approved, this revised employment plan shall not be amended except with the approval of Department
of Employment Services.
By:
______________________________________
EMPLOYER Senior Official (Print) Date
______________________________________
EMPLOYER Senior Official (Signature)
______________________________________
Name of Company
______________________________________
______________________________________
Address
______________________________________
Telephone
______________________________________
Email
______________________________________ ___________________
Signature Department of Employment Services Date
February 15, 2018
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
$17.95 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 affiliated 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 years.
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 $17.95 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 wage, 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.
Telephone # and ext.: Fax #:
Name: EIN: Status:
3.6 Been denied a contract award or had a bid or proposal rejected based upon a non-responsibility finding by a government entity?
3.7 Had a low bid or proposal rejected on a government contract for failing to make good faith efforts on any Certified Business Enterprise goal or statutory affirmative action requirements on a previously held contract?
3.8 Been suspended, cancelled, terminated or found non-responsible on any government contract, or had a surety called upon to complete an awarded contract?
Please provide an explanation for each "Yes" in Part 3.
PART 4: CERTIFICATES AND LICENSES
4.1 Within the past five (5) years, has the bidder/offeror had a denial, decertification, revocation or forfeiture of District of Columbia certification of any Certified Business Enterprise or federal certification of Disadvantaged Business Enterprise
status for other than a change of ownership?
3.3 Been the subject of an investigation, whether open or closed, by any government entity for a civil or criminal violation for any business-related conduct?
3.4 Been charged with a misdemeanor or felony, indicted, granted immunity, convicted of a crime, or subject to a judgment or plea bargain for:
(a) Any business-related activity; or
(b) Any crime the underlying conduct of which was related to truthfulness?
3.5 Been disqualified or proposed for disqualification on any government permit or license?
2.6 Been suspended, cancelled, terminated or found non-responsible on any government contract, or had a surety called upon to complete an awarded contract?
Please provide an explanation for each "Yes" in Part 2.
PART 3: BUSINESS RESPONSIBILITY
Within the past five (5) years, has the bidder/offeror:
3.1 Been under suspension, debarment, voluntary exclusion or determined ineligible under any federal, District or state statutes?
3.2 Been proposed for suspension or debarment?
2.3 Been proposed for suspension or debarment?
2.4 Been the subject of an investigation, whether open or closed, by any government entity for a civil or criminal violation for any business-related conduct?
2.5 Been charged with a misdemeanor or felony, indicted, granted immunity, convicted of a crime, or subject to a judgment or a plea bargain for:
(a) Any business-related activity; or
(b) Any crime the underlying conduct of which was related to truthfulness?
(b) Explain its exemption from the requirement.
PART 2: INDIVIDUAL RESPONSIBILITY
Additional Instructions for Section I, Parts 2 through 8: Provide an explanation of the issue(s), relevant dates, the government entity involved, any remedial or corrective action(s) taken and the current status of the issue(s).
Within the past five (5) years, has any current or former owner, partner, director, officer, principal or any person in a position involved in the administration of funds, or currently or formerly having the authority to sign, execute or approve bids, proposals, contracts or supporting
documentation on behalf of the bidder/offeror with any government entity:
2.1 Been sanctioned or proposed for sanction relative to any business or professional permit or license?
2.2 Been under suspension, debarment, voluntary exclusion or determined ineligible under any federal, District or state statutes?
If "Other," please explain:
1.2 Was the bidder's/offeror's business formed or incorporated in the District of Columbia?
If "No" to Subpart 1.2, provide the jurisdiction where the bidder's/offeror's business was formed or incorporated. Attach a Certificate or Letter of Good Standing from the applicable jurisdiction and a certified Application for Authority from the District, or provide an explanation if the
documents are not available.
State _____________________________________ Country __________________________________
1.3 Please provide a copy of each District of Columbia license, registration or certification that the bidder/offeror is required by law to obtain (other than those provided in Subpart 1.2). If the bidder/offeror is not providing a copy of its license, registration or certification to transact
business in the District of Columbia, it shall either:
(a) Certify its intent to obtain the necessary license, registration or certification prior to contract award; or
Partnership (including LLP, LP or General) Date of Registration or Establishment:
Sole Proprietor How many years in business?:
Other Date established?:
Joint Venture Date of Organization:
Limited Liability Company (LLC or PLLC) Date of Organization:
Nonprofit Organization Date of Organization:
Type:
1.1 Business Type (Please check the appropriate box and provide additional information if necessary.):
Corporation (including PC) Date of Incorporation:
Legal Business Entity Name: Solicitation #:
Address of the Principal Place of Business (street, city, state, zip code):
Email Address: Website:
Additional Legal Business Entity Identities: If applicable, list any other DBA, Trade Name, Former Name, Other Identity and EIN used in the last five (5) years and the status (active or inactive).
Every question must be answered. Each response must provide all relevant information that can be obtained within the limits of the law. Individuals and sole proprietors may use a Social Security number but are encouraged to obtain and use a federal Employer Identification Number
(EIN). Provide any explanation at the end of the section or attach additional sheets with numbered responses. Include the bidder's/offeror's name at the top of each attached page.
GENERAL INSTRUCTIONS
This form contains four (4) sections. Section I concerns the bidder's/offeror's responsibility; Section II includes additional required certifications; Section III relates to Domestic Preferences (if applicable); and Section IV requires the bidder's/offeror's signature.
SECTION I. BIDDER/OFFEROR RESPONSIBILITY CERTIFICATIONS
Instructions for Section I: Section I contains seven (7) parts. Part 1 requests information concerning the bidder's/offeror's business entity. Part 2 inquires about current or former owners, partners, directors, officers or principals. Part 3 relates to the responsibility of the
bidder's/offeror's business. Part 4 concerns the bidder's/offeror's business certificates and licenses. Part 5 inquires about legal proceedings. Part 6 relates to the bidder's/offeror's financial and organizational status. Part 7 relates to disclosures under the District of
Columbia Freedom of Information Act (FOIA).
PART 1: BIDDER/OFFEROR INFORMATION
BIDDER/OFFEROR CERTIFICATION FORM
COMPLETION
The person(s) completing this form must be knowledgeable about the bidder's/offeror's business and operations.
RESPONSES
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Page 1 Last updated June 4, 2024
3.1 The bidder/offeror certifies that it will abide by the D.C. Human Rights Act of 1977, as amended, D.C. Code § 2-1401.01 et seq., including its prohibitions on sexual harassment. The bidder/offeror certifies that it is fully aware of the contents of Mayor's Order 85-85, Mayor's
Order 2017-313, Mayor's Order 2023-131, and the Office of Human Rights' regulations in Chapter 11 of title 4 of the DCMR, and agrees to comply with them while performing this contract.
________________________________________________________________________________________________
[Insert full name of person(s) in the organization responsible for determining the prices offered
in this contract and the title of his or her position in the bidder's/offeror’s organization]
(i) As an authorized agent, certifies that the principals named in subparagraph 2.2(b) above have not participated, and will not participate, in any action contrary to subparagraphs 2.1(a)(i) through (a)(iii) above; and
(ii) As an agent, has not participated and will not participate in any action contrary to subparagraphs 2.1(a)(i) through (a)(iii) above.
2.3 If the bidder/offeror deletes or modifies subparagraph 2.1(b) above, the bidder/offeror must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure.
PART 3: EQUAL OPPORTUNITY AND HUMAN RIGHTS OBLIGATIONS
(iii) The methods or factors used to calculate the prices in the contract.
(b) The prices in this contract have not been and will not be knowingly disclosed by the bidder/offeror, directly or indirectly, to any other bidder/offeror or competitor before bid/proposal opening unless otherwise required by law; and
(c) No attempt has been made or will be made by the bidder/offeror to induce any other concern to submit or not to submit a contract for the purpose of restricting competition.
2.2 The signature on the bid/proposal is considered to be a certification by the signatory that the signatory:
(a) Is the person in the bidder's/offeror’s organization responsible for determining the prices being offered in this contract, and that the signatory has not participated and will not participate in any action contrary to subparagraphs 2.1(a)(i) through (a)(iii) above; or
(b) Has been authorized, in writing, to act as an agent for the following principal in certifying that the principal has not participated, and will not participate, in any action contrary to subparagraphs 2.1(a)(i) through (a)(iii) above:
PART 2: INDEPENDENT PRICE DETERMINATION REQUIREMENTS
The bidder/offeror certifies that:
2.1 The signature of the bidder/offeror is considered to be a certification by the signatory that:
(a) The contract prices have been arrived at independently without, for the purpose of restricting competition, any consultation, communication or agreement with any bidder/offeror or competitor related to:
(i) Those prices;
(ii) The intention to submit a bid/proposal; or
Instructions for Section II: Section II contains ten (10) parts. Part 1 requests information concerning ethical obligations. Part 2 applies to the bidder/offeror's pricing. Part 3 relates to equal employment opportunity and human rights requirements. Part 4 relates to First
Source Act requirements. Part 5 relates to employment eligibility requirements. Part 6 relates to Language Access Act requirements. Part 7 relates to conflicts of interest. Part 8 relates to subcontracting obligations. Part 9 relates to special requirements related to the
Campaign Finance Reform obligations. Part 10 relates to any pending litigation against the District.
PART 1. ETHICAL OBLIGATIONS
1.1 The bidder/offeror certifies that it has not provided, directly or indirectly, any gift, gratuity, favor, discount, or other thing of value to an officer or employee of the District of Columbia in order to affect, directly or indirectly, the decision to award this contract.
1.2 The District requires disclosure of any officer or employee of the District of Columbia that may benefit from this contract. Accordingly, the following officer or employee may benefit from this contract:
(a) ____________________________________________________________________________________
(b) ____________________________________________________________________________________
6.8 During the past three (3) years, has the bidder/offeror been audited by any government entity?
(a) If "Yes" to Subpart 6.8, did any audit of the bidder/offeror identify any significant deficiencies in internal controls, fraud or illegal acts; significant violations of provisions of contract or grant agreements; significant abuse; or any material
disallowance?
(b) If "Yes" to Subpart 6.8(a), provide an explanation of the issue(s), relevant dates, the government entity involved, any remedial or corrective action(s) taken and the current status of the issue(s).
PART 7: FREEDOM OF INFORMATION ACT (FOIA)
7.1 Indicate whether the bidder/offeror asserts that any information provided in response to a question in Section I is exempt from disclosure under the District of Columbia Freedom of Information Act (FOIA), effective March 25, 1977 (D.C.
Law 1-96; D.C. Code §§ 2-531, et seq .). Include the question number(s) and explain the basis for the claim. (The District will determine whether such information is, in fact, exempt from FOIA at the time of request for disclosure under FOIA.)
SECTION II. ADDITIONAL REQUIRED BIDDER/OFFEROR CERTIFICATIONS
6.5 During the past three (3) years, has the bidder/offeror failed to file a District of Columbia unemployment insurance return or failed to pay District of Columbia unemployment insurance?
If "Yes" to Subpart 6.5, provide the years the bidder/offeror failed to file the return or pay the insurance, explain the situation and any remedial or corrective action(s) taken and the current status of the issue(s).
6.6 During the past three (3) years, has the bidder/offeror failed to comply with any payment agreement with the Internal Revenue Service, the District of Columbia Office of Tax and Revenue and the Department of Employment Services?
If "Yes" to Subpart 6.6, provide the years the bidder/offeror failed to comply with the payment agreement, explain the situation and any remedial or corrective action(s) taken and the current status of the issue(s).
6.7 Indicate whether the bidder/offeror owes any outstanding debt to any state, federal or District of Columbia government.
If "Yes" to Subpart 6.7, provide an explanation of the issue(s), relevant dates, the government entity involved, any remedial or corrective action(s) taken and the current status of the issue(s).
6.2 Within the past five (5) years, has the bidder/offeror had any liquidated damages assessed by a government entity over $25,000?
If "Yes" to Subpart 6.2, provide an explanation of the issue(s), relevant dates, the government entity involved, the amount assessed and the current status of the issue(s).
6.3 Within the last seven (7) years, has the bidder/offeror initiated or been the subject of any bankruptcy proceedings, whether or not closed, or is any bankruptcy proceeding pending?
If "Yes" to Subpart 6.3, provide the bankruptcy chapter number, the court name and the docket number. Indicate the current status of the proceedings as "initiated," "pending" or "closed".
6.4 During the past three (3) years, has the bidder/offeror failed to file a tax return or pay taxes required by federal, state, District of Columbia or local laws?
If "Yes" to Subpart 6.4, provide the taxing jurisdiction, the type of tax, the liability year(s), the tax liability amount the bidder/offeror failed to file/pay and the current status of the tax liability.
5.2 Had a government entity find a willful violation of District of Columbia compensation or prevailing wage laws, the Service Contract Act or the Davis-Bacon Act?
5.3 Received any OSHA citation and Notification of Penalty containing a violation classified as serious or willful?
Please provide an explanation for each "Yes" in Part 5.
PART 6: FINANCIAL AND ORGANIZATIONAL INFORMATION
6.1 Within the past five (5) years, has the bidder/offeror received any formal unsatisfactory performance assessment(s) from any government entity on any contract?
If "Yes" to Subpart 6.1, provide an explanation of the issue(s), relevant dates, the government entity involved, any remedial or corrective action(s) taken and the current status of the issue(s).
Please provide an explanation for "Yes" in Subpart 4.1.
4.2 Please provide a copy of the bidder's/offeror's District of Columbia Office of Tax and Revenue Tax Certification Affidavit.
PART 5: LEGAL PROCEEDINGS
Within the past five (5) years, has the bidder/offeror:
5.1 Had any liens or judgments (not including UCC filings) over $25,000 filed against it which remain undischarged?
If "Yes" to Subpart 5.1, provide an explanation of the issue(s), relevant dates, the Lien Holder or Claimant's name, the amount of the lien(s) and the current status of the issue(s).
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Page 2 Last updated June 4, 2024
Instruction for Section IV: This section must be completed by all bidder/offerors.
Name [Print and sign]: Telephone #: Fax #:
Title:
Date: Contract No:
PART 3: BUY AMERICAN ACT COMPLIANCE (Applies to locally-funded construction contracts)
3.1 In accordance with 41 USC 8301 et. seq . and implementing regulations, the bidder/offeror certifies that only construction materials manufactured in the United States will be used on the project.
SECTION IV. CERTIFICATION
I, [ ], as the person authorized to sign these certifications, hereby certify that the information provided in this form is true and accurate. In accordance with the requirements of section 302(c) of the Procurement Practices Reform
Act of 2010 (D.C. Code § 2-353.02(c)), I shall update any response provided in this form within 60 days of a material change to a response and prior to the exercise of an option period.
Email Address:
The District of Columbia is authorized to verify the above information with appropriate government authorities. Penalty for making false statements is a fine of not more than $1,000.00, imprisonment for not more than 180 days, or both, as prescribed in D.C. Code § 22-
2405. Penalty for false swearing is a fine of not more than $2,500.00, imprisonment for not more than three (3) years, or both, as prescribed in D.C. Code § 22-2404.
PART 1: BUY AMERICAN ACT COMPLIANCE (Applies if the bidder/offeror will provide goods to the District that are subject to the requirements of the Buy American Act)
1.1 In accordance with 41 USC 8301 et. seq . and implementing regulations, the bidder/offeror certifies that each end product, except the end products listed below, is a domestic end product.
______________________________________________________ EXCLUDED END PRODUCTS
______________________________________________________ COUNTRY OF ORIGIN
PART 2: FHWA BUY AMERICA ACT COMPLIANCE (Applies to FHWA-funded construction contracts)
2.1 In accordance with 23 CFR 635.410(b), the bidder/offeror certifies that only steel or iron materials manufactured in the United States will be used for permanent incorporation on the project.
8.2 The bidder/offeror certifies that it has verified with the Department of Licensing and Consumer Protection (DLCP), and any other licensing authority, that its proposed subcontractors possess all applicable licenses and permits required to perform the work.
PART 9: CAMPAIGN FINANCE REFORM OBLIGATIONS
9.1 The bidder/offeror certifies that it has not been determined by the Campaign Finance Board to be in violation of D.C. Code § 1-1163.34a.
9.2 The bidder/offeror certifies that it currently is not and will not be in violation of D.C. Code § 1-1163.34a.
SECTION III. DOMESTIC PREFERENCE CERTIFICATIONS
Instructions for Section III: Section III contains three (3) parts which should be completed by all bidders/offerors..
PART 6: LANGUAGE ACCESS OBLIGATIONS
6.1 For contracts where the contracting agency is a “covered entity” or “covered entity with major public contact” as defined in Sections 2(2) and 2(3) of the Language Access Act of 2004 (D.C. Code § 2-1931(2) and § 2-1931(3)), the bidder/offeror certifies that it will comply with
Language Access compliance requirements of the contracting agency while performing this contract.
PART 7: CONFLICTS OF INTEREST
7.1 The bidder/offeror certifies that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its obligations under the contract.
PART 8: SUBCONTRACTING OBLIGATIONS
8.1 The bidder/offeror certifies that it has verified with the Department of Small and Local Business Development (DSLBD) the current certifications of its proposed certified business enterprise (CBE) subcontractors.
PART 10: PENDING LITIGATION AGAINST THE DISTRICT
10.1(a) Does the bidder/offeror have any pending litigation against the District of Columbia, its current or former officers, agents, employees, agencies, or departments?
10.1(b) If "Yes" to Subpart 10.1(a), provide a description of the pending matter(s) and the current status of each.
PART 4: FIRST SOURCE OBLIGATIONS
4.1 The bidder/offeror certifies that it is fully aware of the requirements of the First Source Employment Agreement Act of 1984, as amended, D.C. Code §§ 2-219.01 et seq ., and agrees to enter into a First Source Employment Agreement with the Department of Employment
Services if awarded any contract valued at $300,000 or more which receives funds or resources from the District, or funds or resources which, in accordance with a federal grant or otherwise, is administered by the District government.
4.2 The bidder/offeror certifies that the Initial Employment Plan submitted with its bid or proposal is true and accurate.
PART 5: EMPLOYMENT ELIGIBILITY OBLIGATIONS
5.1 The bidder/offeror certifies that it has verified the identity and employment eligibility of all of its employees.
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Page 3 Last updated June 4, 2024
SBE SUBCONTRACTNG PLAN | Revised October 2023
SBE Subcontracting Plan
FAQs & Checklist
This Checklist and FAQs are being provided to assist you in completing the SBE Subcontracting Plan . You
must submit the Subcontracting Plan for all construction and non- construction contracts for government -
assisted projects and for any application for a Class A Operator, Class B Operator, or Management Service
Provider (MSP) license to be issued by the Office of Lottery & Gaming (OLG). You must adhere to all District
laws regarding the requirements of S ubcontracting Plans, the instructions on the SBE Subcontracting Plan
(below), and any instructions provided by the procuring agency or OLG.
FREQUENTLY ASKED QUESTIONS
Who is required to complete an SBE Subcontracting Plan?
o All beneficiaries of construction or non-construction contracts for government-assisted projects in
excess of $250,000 must submit an SBE Subcontracting Plan unless the subcontracting
requirement is otherwise fully waived by the Director of the Department of Small & Local Business
Development. A partial waiver still requires an SBE Subcontracting Plan.
What is the duration for allocating at least 35% of the contract value to SBE?
o For an agency contract at least 35% of the dollar volume of the contract shall be subcontracted to
a qualified SBE for each performance period for the life of the contract.
I am a CBE Prime Contractor doing 100% of the work under my contract, am I required to complete
the SBE Subcontracting Plan?
o If a CBE Prime is selected as a beneficiary of a construction or non-construction contract and will
perform 100% of the work, subcontracting is not required. If 100% of the work is performed by the
CBE Prime, it shall attest to completing 100% of the work. However, if a CBE Prime subcontracts
any portion of the work, 35% of the total amount subcontracted must be with anSBE. For example,
if a CBE Prime receives a contract for $1,000,000 and will perform only $900,000 of the contract,
35% of the remaining $100,000 (i.e., $35,000) must be subcontracted to qualified SBEs. The SBE
Subcontracting Plan, based on this example, should be completed.
Will DSLBD credit 100% of a CBE’s subcontract towards my subcontracting goal?
o DSLBD will only provide credit towards your subcontracting goal for work whereby a SBE provides
a commercially useful function. For example, if a Prime contractor awards a $100,000 contract to
an SBE subcontractor to procure software licenses at $95,000, and the remaining $5,000 is paid
to the SBE for obtaining those software licenses, only the $5,000 will be credited towards the
subcontracting goal. Any pass-thru costs or other work where the SBE is not providing a
commercially useful function--with its own organization and resources--will not be credited.
Does my SBE Subcontracting Plan have to cover all options periods of the contract or solely the
current performance period?
o The SBE Subcontracting Plan should only include information for the current period of
performance. Thus, the SBE Subcontracting Plan should not represent anticipated option periods.
A new subcontracting plan must be submitted and executed before the start of each period of
performance.
The base period of my contract was awarded during the COVID-19 Public Health Emergency (i.e.,
March 11, 2020, through November 5, 2021). What is my subcontracting requirement for my
performance periods that fall outside of those dates?
o If the base period of your contract was awarded during the public health emergency, you are
required to maintain a 50% subcontracting requirement for all options and extensions associated
with that contract unless otherwise reduced or waived by the Director of DSLBD.
I do not believe I can meet the required 35% or 50% subcontracting requirement. What must I do to
waive this requirement?
o If you believe you cannot achieve the required subcontracting requirements, you should
communicate this concern to the contracting officer or other procuring staff before signing your
contract. Only the Director of DSLBD can waive the subcontracting requirements, and DSLBD
does not retroactively approve waivers. For instance, if a contract is executed before a final
determination has been rendered by DSLBD’s Director, you will be required to achieve the
subcontracting requirement, or the contract may be voided, pursuant to District law.
o The contracting officer is required to submit a waiver request to DSLBD for the contract for each
period of performance. Beneficiaries are not permitted to submit a waiver request. DSLBD does
SBE SUBCONTRACTNG PLAN | Revised October 2023
not approve waivers retroactively; therefore, contracting officers and beneficiaries should ensure
that the waiver is approved prior to executing the contract. Otherwise, the contract is voidable
pursuant to District law.
Can I utilize any CBE to meet my subconctrcting requirements or does it have to be an SBE
specifically?
If there are insufficient qualified SBEs to completely fulfill the subcontracting requirement, then the
requirement may be satisfied by subcontracting a CBE; provided, that all reasonable efforts shall
be made to ensure that qualified SBEs are significant participants in the overall subcontracting
work.
SBE SUBCONTRACTNG PLAN | Revised October 2023
SBE SUBCONTRACTING PLAN
INSTRUCTIONS: All construction & non-construction contracts for government-assisted projects
(agency contracts & private projects with a District subsidy) over $250,000, shall require at least
35% of the total dollar volume of the contract (i.e., the total amount of agency contract or total private
project development costs) be subcontracted to Small Business Enterprises (SBE), and if insufficient
qualified SBEs to Certified Business Enterprises (CBE). The SBE Subcontracting Plan must list all SBE
and CBE subcontracts at every tier. Once the SBE Subcontracting Plan is submitted for agency
contracts, options, and extension, it can only be amended by the Director of the Department of Small &
Local Business Development
SUBMISSION OF CBE PLAN:
◊ For agency solicitations – submit to the agency with bid/proposal.
◊ For agency options & extensions – submit to the agency before an option or extension is
exercised.
◊ For public-private projects – submit to DSLBD, the agency project manager, and with each
quarterly report. As private projects may not have awarded all contracts at the time the District
subsidy is granted, the SBE Subcontracting Plan may be submitted simultaneously with each
quarterly report and list all SBE/CBE subcontracts executed by the time of submission.
CREDIT: For each subcontract listed on the SBE Subcontracting Plan, credit will only be given for the
portion of the subcontract performed, at every tier, by an SBE/CBE using its own organization and
resources. COPIES OF EACH FULLY EXECUTED SUBCONTRACT WITH SBEs AND CBEs (AT
EVERY TIER) MUST BE PROVIDED TO RECEIVE CREDIT.
CERTIFICATION INFORMATION: Certification as a Local Business Enterprise (LBE) is a prerequisite
to be certified in any additional business enterprise category within the CBE Program.
The Small Business Enterprise (SBE) is a category of the Certification. However, not all CBEs have a
Small Business Enterprise (SBE) category. If the subcontracting plan is with a CBE without the SBE
category, the contract may not receive credit towards the subcontracting goal for work provided by the
CBE if there were qualified SBEs that could have been utilized to completely fulfill the subcontracting
requirement.
The certification number must include the Local Business Enterprise (LBE) and Small Business
Enterprise (SBE) categories. i.e., Certification Number:LSXXXXXXXXX2026.
SUBCONTRACTING CREDIT PURSUANT D.C. LAW 24-39:
Pursuant to the Coronavirus Support Temporary Amendment Act of 2021 and the Public Emergency
Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021, contracts
awarded during the Public Health Emergency shall receive credit as follows:
(1) For every dollar expended by a beneficiary with a resident-owned business, the beneficiary
shall receive a credit for $1.10 against the CBE minimum expenditure.
(2) For every dollar expended by a beneficiary with a disadvantaged business enterprise, the
beneficiary shall receive a credit for $1.25 against the CBE minimum expenditure.
(3) For every dollar expended by a beneficiary that uses a company designated as both a
disadvantaged business enterprise and as a resident-owned business, the beneficiary shall
receive a maximum credit for $1.30 against the CBE minimum expenditure.
EXEMPTION: If the Beneficiary (e.g., the Prime Contractor or Developer) is a CBE and will perform
the ENTIRE government-assisted project with its own organization and resources and will NOT
subcontract any portion of the services and goods, then the CBE Beneficiary is not required to
subcontract to SBEs.
SBE SUBCONTRACTNG PLAN | Revised October 2023
SECTION 1.BENEFICIARY AND SOLICITATION/CONTRACT/SPORTS WAGERING
APPLICANTINFORMATION
Section 1A. BENEFICIARY INFORMATION
Company: ______________ Contact #: __________ Email address: ________________
Street Address: ____________________________ City/ State/ Zip Code: ____________________________
Company’s point of contact for agency contract, private project, or Sports Wagering Licensee:
Point of Contact: ________________ Title: ________________
Contact #: _____________ Email address: _________________
Street Address: ____________________________________
Section 1B. SOLICITATION/CONTRACT/SPORTS WAGERING APPLICANT INFORMATION
Solicitation /Contract/ApplicantNo.: ________________ Solicitation Due Date: ________________
Agency: _____________ Total Dollar Amount of Contract: _________________
Please select all the applicable subcontracting requirements for this
solicitation:
35% Subcontracting Requirement
50% Subcontracting Requirement
DSLBD approved an adjusted subcontracting requirement:
Adjusted Subcontracting Requirement: ____%
Total Value of ALL CBE Subcontracts: _________________
(Include all lower tiers)
I affirm that the value of all my CBE Subcontracts meets or
exceeds the subcontracting requirement required under this
solicitation or contract. Further, I understand that DSLBD will
only provide credit towards my SBE Subcontracting Requirement
for work whereby a CBE provided a commercially useful function
with its own organization and resources.
I AGREE
I DISAGREE
Section 1C. CBE BENEFICIARY (ONLY COMPLETE IF THE BENEFICIARY IS A CERTIFIED BUSINESS ENTERPRISE)
If the Beneficiary is a Certified Business Enterprise, select all that apply and provide the following information:
I am a CBE that WILL perform 100% of the contracting effort with my own organization and resources and will not subcontract any
portion of the contract. Therefore, I am NOT required to submit an SBE Subcontracting Plan that demonstrates subcontracting.
I am a CBE that WILL NOT perform 100% of the contracting effort with my own organization and resources and will subcontract a
portion of the contract. Therefore, I understand I am required to submit an SBE Subcontracting Plan (located in Section on 2) that
demonstrates that the required subcontracting amount, as indicated above, will go to qualified CBEs.
Please include the percentage of the contract the CBE Prime will perform under the contract or project.
The CBE Prime will self-perform ____% of the contract’s total dollar volume of the contract or project.
Please provide the current CBE Certification Number of the CBE Prime.
CBE Certification No. ______________
SBE SUBCONTRACTNG PLAN | Revised October 2023
BENEFICIARY ATTESTATION
I declare, certify, verify, attest , and state under penalty of perjury that the information provided above is
true and correct to the best of my knowledge and belief. P ursuant to D.C. Official Code § 22- 2402, I
understand that a person convicted of perjury shall be fined not more than $5,000 or imprisoned for not
more than 10 years, or both. I understand that any false or fraudulent statement that I provide or assert
may be grounds for revocation of my CBE registration pursuant to D.C. Official Code § 2- 218.63. Further,
a Prime Contractor, Developer, CBE, Certified Joint Venture, or Sports Wagering Licensee that fails to
comply with the requirements of the Small and Certified Business Enterprise Development and Assistance
Amendment Act of 2005, as amended, (D.C. Law 20 -108) (the “Act”), shall be subject to penalties as
outlined in the Act.
PRINT NAME: ____________________________ SIGNATURE: ____________________________
JOB TITLE: ____________________________ DATE: ____________________________
Section 2. SBE/CBE SUBCONTRACTORS (FOR EACH TIER):
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact:
CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
SBE SUBCONTRACTNG PLAN | Revised October 2023
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact:
CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact:
CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
SBE SUBCONTRACTNG PLAN | Revised October 2023
function by the CBE
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact:
CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
SBE SUBCONTRACTNG PLAN | Revised October 2023
AGENCY CONTRACT AWARD
Agency: ________
Prime Contractor: ________
Contract Number: ________
Date SBE Subcontracting Plan Accepted: ________
Date agency contract signed: ________
Anticipated Start Date of Contract: ________
Anticipated End Date of Contract: ________
Total Dollar Amount of Contract: $________
*Design-Build must include total contract amount for both
design and build phase of the project.
35% of the Total Contract Amount: $________
35% of the Applicable Performance Period: $________
50% of Total Dollar Amount of Contract: $______________
(pursuant to D.C. Law 24-39)
Total Amount of All SBE/CBE Subcontracts: $________
(include every tier)
(✓ if applies)
Base Period Contract – Option/Extension Period: ________
Multi-year Contract
First Year (Period) of Contract: ________
Current Year (Period) of Contract: ________
Design-Build – Date of Guaranteed Contract: ________
Check if prime contractor is a CBE and will perform the
ENTIRE government-assisted project (agency contract) with its
own organization and resources and NOT subcontract any portion
of the services or goods.
PRIVATE PROJECT SUBSIDY AWARD
Agency Providing Subsidy: ________
District Subsidy: ________
Developer: ________
Amount of District Subsidy: ________
Date District Subsidy Provided/ contract signed: ________
Anticipated Start Date of Project: ________
Anticipated End Date of Project: ________
Project Name: ________
Project Address: ________
Total Development Project Budget: $________
(include pre-construction and construction costs)
35% of the Total Development Project Budget: $________
50% of Total Dollar Amount of Contract: $______________
(pursuant to D.C. Law 24-39)
Total Amount of All SBE/CBE Subcontracts: $________
(include every lower tier)
Check if developer is a CBE and will perform the ENTIRE
government-assisted project (private project) with its own
organization and resources and NOT subcontract any portion of
services or goods.
AGENCY CONTRACTING OFFICER’S AFFIRMATION OR AGENCY PROJECT MANAGER’S AFFIRMATION
(✓ which applies)
The below Agency Contracting Officer or Agency Project Manager affirms the following (✓ to affirm):
If the Beneficiary is a CBE, DSLBD was contacted to confirm Beneficiary’s CBE certification.
The fully executed Contract (Base or Option or Extension or Multi-Year) or subsidy document, between the Beneficiary and Agency, was
emailed to DSLBD at Compliance.Enforcement@dc.gov within five (5) days of signing:
FOR AGENCY CONTRACT the SBE Subcontracting Plan, submitted by Beneficiary, was emailed to DSLBD at
Compliance.Enforcement@dc.gov within five (5) days of signing the contract between the Beneficiary and Agency.
________
Name of Agency Contracting Officer or Agency Project Manager
________
Title of Agency Contracting Officer or Agency Project Manager
________
Signature
________
Date
Page 1 of 2
VVF (Revised - January 10, 2025)
VENDOR VERIFICATION FORM (“VVF”)
Year: 2025 Quarter: Jan-Mar
PART I. Agency Contract/ Project Details:
Contract/Project Name:
( one)
District Agency Contract: Prime Contractor District Agency & Contract #
Private Project: Beneficiary
PART II. SBE/ CBE Contractor/ Subcontractor & Lower Tier Subcontractor Details:
Insert Company Name is an ( one) SBE/CBE Subcontractor SBE/CBE Lower Tier Subcontractor SBE/CBE
General Contractor providing the following scope of work/ products using its own organization and resources (specify)
: . The SBE/CBE Company’s CBE certification is active and the number is .
PART III. SBE/CBE Company’s Subcontracts to Lower Tier SBE/CBE or Non-CBE Companies: ( one)
a. SBE/CBE Company provided 100% of all services and/or products provided for the Entire Project/Contract using its
own organization and resources, and did not subcontract any portion to a lower tier subcontractor. (Skip to Part IV.)
b. SBE/CBE Company provided 100% of all services and/or products provided for the Entire Subcontract using its own
organization and resources, and did not subcontract any portion to a lower tier subcontractor. (Skip to Part IV.)
c. SBE/CBE Company subcontracted a portion of the Contract/Subcontract to a lower tier subcontractor. (List every
CBE and non-CBE lower tier subcontractor.)
Lower Tier
Subcontractor
Name
Lower Tier
Subcontractor
is: SBE, CBE
or Non-CBE
Total
Amount of
Lower Tier
Subcontract
Amount Paid to
Lower Tier
Subcontractor
This Quarter
Amount Paid to
Lower Tier
Subcontractor
to Date
Detailed
Description of
lower tier
subcontractor’s
scope of work
CBE
Certification
Number
Fully
Executed
Lower Tier
Subcontract
provided
with this
VVF*
1. Select $ $ $ Select
2. Select $ $ $ Select
3. Select $ $ $ Select
4. Select $ $ $ Select
*THIS VVF WILL NOT BE ACCEPTED, AND NO CREDIT GIVEN, UNTIL THE FULLY EXECUTED
CONTRACTS/ SUBCONTRACTS AND VVFs FOR ALL SBEs & CBEs LISTED IN PART III c. ARE PROVIDED!
SBE/ CBE Subcontracting Credit will only be assessed for the portion of services & goods provided by each SBE/ CBE
Company AND each SBE/ CBE Lower Tier Subcontractor USING ITS OWN ORGANIZATION AND RESOURCES.
Page 2 of 2
VVF (Revised - January 10, 2025)
PART IV: Provide DETAILED Description of Scope of Work Provided by SBE/CBE Company:
The total amount of the contract/subcontract = $ (amount should include all change orders); the total amount
subcontracted to SBE & CBE lower tier subcontractors = $ (amount should include all change orders). SBE/CBE
Company was paid total of $ , during this quarter. The total amount SBE/CBE has been paid to date for portion of
contract/subcontract performed with its own organization and resources is $ . The remaining amount to be paid to the
SBE/CBE Company for portion of contract/subcontract performed with its own organization and resources is $ .
ACKNOWLEDGEMENT
I declare, certify, verify, attest or state under penalty of perjury that the information contained in this Vendor Verification Form, and any
supporting documents submitted, are true and correct to the best of my knowledge and belief. I further declare, certify, verify, attest or
state under penalty of perjury that I have the authority and specific knowledge of the goods and services provided under each
contract/subcontract contained in this Vender Verification Form. I understand that pursuant to D.C. Official Code § 22 -2402, any person
convicted of perjury shall be fined not more than $5,000 or imprisoned for not more than 10 years, or both. I understand that any false or
fraudulent statement contained in this Vender Verification Form may be grounds for revocation of my CBE registration pursuant to D.C.
Official Code § 2-218.63. I also understand that failure to complete this Vender Verification Form properly will result in no credit
towards the SBE and CBE Subcontracting Requirements. Further, a Prime Contractor, Developer, CBE, or Certified Joint Venture, if
subject to, that fails to comply with the requirements of the Small and Certified Business Enterprise Development and Assistance
Amendment Act of 2014 (D.C. Law 20-108) (the “Act”), shall be subject to penalties as outlined in the Act.
NOTARIZATION
The undersigned, as a duly authorized representative of , CBE/SBE Company, swears or affirms that the statements
made herein are true and correct.
Signature: _________________________ Title:
Print Name: Date:
District of Columbia (or State/Commonwealth of ___________________); to wit:
Signed and sworn to or affirmed before me on this day of ,
, by , who is well known to me or has been sufficiently verified as the person who executed the foregoing
affidavit and who acknowledged the same to be his/her free act and deed.
Notary signature: __________________________________________
(Seal)
My commission expires: ________________________
ATTACHMENT 6
DOCUMENTATION OF ADDITIONAL OUTREACH EFFORTS
The following written documentation may be submitted as evidence of certified business
enterprise “CBE” outreach and involvement efforts:
(a) A listing of specific work scopes on a trade specific basis identified in
which there are subcontracting opportunities for CBEs;
(b) Copies of written solicitations used to solicit CBEs for these
subcontracting opportunities;
(c) A description of attempts to personally contact the solicited CBEs
including the names, addresses, dates and telephone numbers of the CBEs
contacted, a description of the information provided to the CBEs regarding
plans, specifications and anticipated schedules for the work to be
performed, and the responses of the CBEs to the solicitation;
(d) In the event CBE subcontractors are found to be unavailable, a written
request of a Statement of CBE Unavailability from the DSLBD is
required;
(e) A description of efforts to seek waiver of bonding requirements for CBEs,
if bonding is required;
(f) A copy of the request for reduction in or partial release of retainage for
CBE;
(g) A copy of the contract with each CBE subcontractor if a contract is
executed between the District and the prime Contractor.
P a g e 1 o f 2
PAST PERFORMANCE EVALUATION FORM
(Check appropriate box)
Performance
Elements
Excellent Good Acceptabl e Poor Unacceptable
Quality of Services/
Work
Timeliness of
Performance
Cost Control
Business
Relations
Customer
Satisfaction
1. Name & Title of Evaluato r:_______________________________________________________
2. Signature of Ev aluator:__________________________________________________________
3. Name of Organization: ________ __________________________________________________
4. Telephone Number of Evaluator:_ __________________________________________________
5. State type of service received: ____________________________________________________
6. State Contract Number , Amount and period of Performance _____________________________
_____________________________________________________________________________
7. Remarks on Excellent Performa nce: Provide data supporting this
observation. Continue on separate sheet if needed)
8. Remarks on unacceptable performance: Provide data supporting this observation. (Continue on
separate sheet if needed)
Page 2 of 2
RATING GUIDELINES
Summarize Contractor performance in each of the rating areas. Assign each area a rating of 0 (Unacceptable), 1 (Poor), 2
(Acceptable), 3 (Good), 4(Excellent), or ++ (Plus). Use the following instructions a guidance in making these evaluations.
Quality Timeless Business
Product/Service Cost Control of Performance Relations
-Compliance with -Within budget (over/ -Meet Interim milestones -Effective management
contract requirements under target costs) -Reliable -Businesslike correspondence
-Accuracy of reports -Current, accurate , and -Responsive to technica l -Responsive to contract
-Appropriateness of complete billings directions requirements
personnel -Relationship of negated -C ompleted on time, -Prompt notification of contract
-Technical excellence costs to actual including wrap-up and problems
-Cost efficiencies -c ontract administration -Reasonable/cooperative
-Change order issue -N o liquidated damages -Flexible
a s s e s s e d - P r o - a c t i v e
-effective contractor
recommended solutions
-Effective snail/small
disadvantaged business
Subcontracting program
0. Zero Nonconformances are comprises Cost iss ues are comprising Delays are comprisi ng Response to inquiries, technical/
the achievement of contract performance of contract the achievement of contract servic e/administrative issues is
requirements, despite use of requirements. r equirements, Despite use not effective and responsive.
Agency resources of Agency resources.
1, Unacceptable Nonconformances require major Cost issues require major Delays require major response to i nquiries, technical/
Agency resources to ensure Agency resources to ensure A gency resources to ensure servic e/administrative issues is
achievement of contract achi evement of contract achievement of contract marginally effective and
requirements. requirements. requirements. responsive.
2. Poor Nonconformances require minor Costs i ssues require minor Delays require minor Responses to inqui ries, technical/
Agency resources to ensure Agency resources to ensure A gency resources to ensure servic e/administrative issues is
achievement of contract achi evement of contract achievement of contract somewhat effective and
requirements. requirements. requirements. responsive.
3. Acceptable Nonconformances do not impact Cost iss ues do not impact Delays do not impact Responses to inquires, technical/
achievement of contract achievement of contract achievement of contra ct service/administrative issues is
requirements. requirements. require ments. usually effective and responsive.
4. Good There are no quality problems. There are no cost issues. T here are not delays. Responses to inquiries, technical/
service/administrative issues is
effective and responsive,
5. Excellent The contractor has demonstrated an exceptional performance level in some or all of the above categories.
PROPOSAL BOND
(JANITORIAL SERVICES)
(See Instructions on Reverse)
Date Bond Executed (Must be same or later than date
of Contract)
PRINCIPAL (Legal Name and Address) TYPE OF ORGANIZATION (“x”)
INDIVIDUAL PARTNERSHIP
JOINT VENTURE CORPORATION
STATE OF INCORPORATION
SURETY (IES) (Name(s) and Address(es) PENAL SUM OF BOND
MILLION(S) THOUSAND(S) HUNDRED(S) CENTS
CONTRACT DATE CONTRACT NUMBER
KNOW ALL MEN BY THESE PRESENTS. That we, the Principal and Surety(ies) hereto are firmly bounds to the
District of Columbia Government, a municipal corporation, hereinafter called the District, in the above penal sum for the
payment of which we bind ourselves, our heirs, executors, and successors, bind ourselves in such sum “jointly” and
“severally” only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes
each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth
opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of
the penal sum.
T
HE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into the Contract identified
above.
NOW THEREFORE, if the Principal shall well and truly perform and fulfill all undertakings, covenants, terms and
condition, and agreements of the Contract during the original term of the Contract and any extension thereof that may be
granted by the District with or without notice to the Surety, and during the life of guaranty required under the Contract,
and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any
duly authorized modifications of the Contract that may hereafter be made, notice of which modifications to the Surety
being hereby waived, and shall save harmless and indemnify the District from any and all claims, delays, suits, costs,
charges, damages, counsel fees, judgments and decrees to which the District may be subjected at any time on account of
any infringement by the Principal of letters, patents, or copyrights, unless otherwise specifically stipulated in the
Contract or on account of any injury to persons or damage to property or premises that occur as a result of any act or
omission of Principal in connection with the prosecution of the work under the Contract and shall pay the same, then the
above obligation shall be void; otherwise to remain in full force and virtue.
IN
WITNESS WEHREOF, the Principal and Surety(ies) have executed this performance bond and have affixed their
seals on the date set forth above.
PRINCIPAL
1. Signature
(Seal)
1. Attest
C
orporate
Seal Name & Title (typed) Name & Title (typed)
2. Signature
(Seal)
2. Attest
C
orporate
Seal Name & Title (typed)
Form No. DC 26-40-7 86-p4002-1 wd-206
SURETY (IES)
1. Name & Address (typed) State of Inc. Liability Limit
C
orporate
Seal
Signature of Attorney-in-Fact Attest (Signature)
Name & Address (typed) Name & Address (typed)
1. Name & Address (typed) State of Inc. Liability Limit
C
orporate
Seal
Signature of Attorney-in-Fact Attest (Signature)
Name & Address (typed) Name & Address (typed)
BOND PREMIUM
Rate Per Thousand Total Premium Name & Address of Agency or Agent Receiving Commission
Approved By:
______________________________________________________
Contracting Officer
INSTRUCTIONS
1. T
he full legal name and business address of the Principal shall be inserted in the space designated “Principal”
on the face of this form. The bond shall be signed by the authorized person signing the Contract. When such
pe
rson signing is other than the President or Vice-President of a corporation, evidence of authority shall be
furnished. Such evidence shall be in the form of either an Extract of Minutes of a meeting of the Board of
D
irectors, or Extract of Bylaws, certified by the Corporate Secretary, or Assistant Secretary and with Corporate
Seal affixed thereto.
2. Corporations executing the bond as sureties shall be among those appearing on the U.S. Treasury Department’s
list of approved sureties and shall be acting within the limitations set forth therein, and shall also be licensed by
the Insurance Administration, Department of Consumer and Regulatory Affairs, to do business in the District of
Columbia. The surety shall (1) insert on the bond form the name and addresses of the agency receiving the
commission; and (2) attach an adequate Power-of-Attorney for each representative signing the bond.
3. Corporations executing the bond shall affix their Corporate Seals. Individuals shall sign full first name, middle
initial and last name opposite the word “seal”; two witnesses shall sign and include their addresses, under the
word “witness”. If executed in Maine or New Hampshire, an adhesive seal shall be affixed.
4. T
he name of each person signing this performance bond shall be typed in the space provided.
Rev. July 1986 86-p4002-2 wd-206
F
orm No. DC 26-40-8 86-p4003-1 wd-206
PAYMENT BOND
(JANITORIAL SERVICES)
(See Instructions on Reverse)
Date Bond Executed (Must be same or later than date
of Contract)
PRINCIPAL (Legal Name and Address) TYPE OF ORGANIZATION (“x”)
INDIVIDUAL PARTNERSHIP
JOINT VENTURE CORPORATION
STATE OF INCORPORATION
SURETY (IES) (Name(s) and Address(es) PENAL SUM OF BOND
MILLION(S) THOUSAND(S) HUNDRED(S) CENTS
CONTRACT DATE CONTRACT NUMBER
KNOW ALL MEN BY THESE PRESENTS. That we, the Principal and Surety(ies) hereto are firmly bounds to the
District of Columbia Government, a municipal corporation, hereinafter called the District, in the above penal sum for the
payment of which we bind ourselves, our heirs, executors, and successors, bind ourselves in such sum “jointly” and
“severally” only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes
each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth
opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of
the penal sum.
T
HE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into the Contract identified
above.
NOW THEREFORE, if the Principal shall well and truly perform and fulfill all undertakings, covenants, terms and
condition, and agreements of the Contract during the original term of the Contract and any extension thereof that may be
granted by the District with or without notice to the Surety, and during the life of guaranty required under the Contract,
and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any
duly authorized modifications of the Contract that may hereafter be made, notice of which modifications to the Surety
being hereby waived, and shall save harmless and indemnify the District from any and all claims, delays, suits, costs,
charges, damages, counsel fees, judgments and decrees to which the District may be subjected at any time on account of
any infringement by the Principal of letters, patents, or copyrights, unless otherwise specifically stipulated in the
Contract or on account of any injury to persons or damage to property or premises that occur as a result of any act or
omission of Principal in connection with the prosecution of the work under the Contract and shall pay the same, then the
above obligation shall be void; otherwise to remain in full force and virtue.
I
N WITNESS WEHREOF, the Principal and Surety (ies) have executed this payment bond and have affixed their seals
on the date set forth above.
PRINCIPAL
1. Signature
(Seal)
1. Attest
C
orporate
Seal Name & Title (typed) Name & Title (typed)
2. Signature
(Seal)
2. Attest
C
orporate
Seal Name & Title (typed)
SURETY (IES)
1. Name & Address (typed) State of Inc. Liability Limit
Corporate
Seal
Signature of Attorney-in-Fact Attest (Signature)
Name & Address (typed) Name & Address (typed)
1. Name & Address (typed) State of Inc. Liability Limit
Corporate
Seal
Signature of Attorney-in-Fact Attest (Signature)
Name & Address (typed) Name & Address (typed)
BOND PREMIUM
Rate Per Thousand Total Premium Name & Address of Agency or Agent Receiving Commission
Approved By:
______________________________________________________
Contracting Officer
INSTRUCTIONS
1. The full legal name and business address of the Principal shall be inserted in the space designated “Principal”
on the face of this form. The bond shall be signed by the authorized person signing the Contract. When such
person signing is other than the President or Vice-President of a corporation, evidence of authority shall be
furnished. Such evidence shall be in the form of either an Extract of Minutes of a meeting of the Board of
Directors, or Extract of Bylaws, certified by the Corporate Secretary, or Assistant Secretary and with Corporate
Seal affixed thereto.
2. Corporations executing the bond as sureties shall be among those appearing on the U.S. Treasury Department’s
list of approved sureties and shall be acting within the limitations set forth therein, and shall also be licensed by
the Insurance Administration, Department of Consumer and Regulatory Affairs, to do business in the District of
Columbia. The surety shall (1) insert on the bond form the name and addresses of the agency receiving the
commission; and (2) attach an adequate Power-of-Attorney for each representative signing the bond.
3. Corporations executing the bond shall affix their Corporate Seals. Individuals shall sign full first name, middle
initial and last name opposite the word “seal”; two witnesses shall sign and include their addresses, under the
word “witness”. If executed in Maine or New Hampshire, an adhesive seal shall be affixed.
4. The name of each person signing this payment bond shall be typed in the space provided.
PERFORMANCE BOND
(CONSTRUCTION)
(See Instructions on Reverse)
Date Bond Executed (Must be same or later than date
of Contract)
PRINCIPAL (Legal Name and Address) TYPE OF ORGANIZATION (“x”)
INDIVIDUAL PARTNERSHIP
JOINT VENTURE CORPORATION
STATE OF INCORPORATION
SURETY (IES) (Name(s) and Address(es) PENAL SUM OF BOND
MILLION(S) THOUSAND(S)
HUNDRED(S)
CENTS
CONTRACT DATE CONTRACT NUMBER
KNOW ALL MEN BY THESE PRESENTS. That we, the Principal and Surety(ies) hereto are firmly bounds to the
District of Columbia Government, a municipal corporation, hereinafter called the District, in the above penal sum for the
payment of which we bind ourselves, our heirs, executors, and successors, bind ourselves in such sum “jointly” and
“severally” only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes
each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth
opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of
the penal sum.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into the Contract identified
above.
NOW THEREFORE, if the Principal shall well and truly perform and fulfill all undertakings, covenants, terms and
condition, and agreements of the Contract during the original term of the Contract and any extension thereof that may be
granted by the District with or without notice to the Surety, and during the life of guaranty required under the Contract,
and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any
duly authorized modifications of the Contract that may hereafter be made, notice of which modifications to the Surety
being hereby waived, and shall save harmless and indemnify the District from any and all claims, delays, suits, costs,
charges, damages, counsel fees, judgments and decrees to which the District may be subjected at any time on account of
any infringement by the Principal of letters, patents, or copyrights, unless otherwise specifically stipulated in the
Contract or on account of any injury to persons or damage to property or premises that occur as a result of any act or
omission of Principal in connection with the prosecution of the work under the Contract and shall pay the same, then the
above obligation shall be void; otherwise to remain in full force and virtue.
IN WITNESS WEHREOF, the Principal and Surety(ies) have executed this performance bond and have affixed their
seals on the date set forth above.
PRINCIPAL
1. Signature
(Seal)
1. Attest
Corporate
Seal
Name & Title (typed) Name & Title (typed)
2. Signature
(Seal)
2. Attest
Corporate
Seal Name & Title (typed)
SURETY (IES)
1. Name & Address (typed) State of Inc. Liability Limit
Corporate
Seal
Signature of Attorney-in-Fact Attest (Signature)
Name & Address (typed) Name & Address (typed)
1. Name & Address (typed) State of Inc. Liability Limit
Corporate
Seal
Signature of Attorney-in-Fact Attest (Signature)
Name & Address (typed) Name & Address (typed)
BOND PREMIUM
Rate Per Thousand Total Premium Name & Address of Agency or Agent Receiving Commission
Approved By:
______________________________________________________
Contracting Officer
INSTRUCTIONS
1. The full legal name and business address of the Principal shall be inserted in the space designated
“Principal” on the face of this form. The bond shall be signed by the authorized person signing the
Contract. When such person signing is other than the President or Vice-President of a corporation,
evidence of authority shall be furnished. Such evidence shall be in the form of either an Extract of Minutes
of a meeting of the Board of Directors, or Extract of Bylaws, certified by the Corporate Secretary, or
Assistant Secretary and with Corporate Seal affixed thereto.
2. Corporations executing the bond as sureties shall be among those appearing on the U.S. Treasury Department’s
list of approved sureties and shall be acting within the limitations set forth therein, and shall also be licensed by
the Insurance Administration, Department of Consumer and Regulatory Affairs, to do business in the District of
Columbia. The surety shall (1) insert on the bond form the name and addresses of the agency receiving the
commission; and (2) attach an adequate Power-of-Attorney for each representative signing the bond.
3. Corporations executing the bond shall affix their Corporate Seals. Individuals shall sign full first name, middle
initial and last name opposite the word “seal”; two witnesses shall sign and include their addresses, under the
word “witness”. If executed in Maine or New Hampshire, an adhesive seal shall be affixed.
4. The name of each person signing this payment bond shall be typed in the space provided.
(X)
X X
X
4. Requisition/Purchase Request No. 5. Solicitation Caption
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
GF-2025-R-0020_001 See item 16C Janitorial Services
2. Amendment/Modification Number 3. Effective Date
1. Contract Number Page of Pages
1 17
Capital Procurement Division Capital Procurement Division
4200 Connecticut Avenue, NW, Room C01, Building 38 4200 Connecticut Avenue, NW, Room C01, Building 38
Washington, DC 20008 Washington, DC 20008
6. Issued By: Code 7. Administered By (If other than line 6)
University of the District of Columbia University of the District of Columbia
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
GF-2025-R-0020
9B. Dated (See Item 11)
Facility
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
10A. Modification of Contract/Order No.
10B. Dated (See Item 13)
Code
12. Accounting and Appropriation Data (If Required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
A. This change order is issued pursuant to: (Specify Authority)
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
following methods: (a) By completing Items 8 and 15, and returning 1 copy of the amendment: (b) By acknowledging receipt of this
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
solicitation and this amendment, and is received prior to the opening hour and date specified.
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14, pursuant to the authority of 27 DCMR, Chapter 36, Section 3601.2.
C. This supplemental agreement is entered into pursuant to authority of:
16A. Name of Contracting Officer
D. Other (Specify type of modification and authority)
1 copy to the issuing office.E. IMPORTANT: Contractor is not, is required to sign this document and return
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
Solicitation No. GF-2025-R-0020 for Janitorial Services is hereby amended as follows:
(Signature of person authorized to sign) (Signature of Contracting Officer)
Mary Ann Harris
16B. District of Columbia15B. Name of Contractor 15C. Date Signed
Except as provided herein, all terms and conditions of the document referenced in Item (9A or 10A) remain unchanged and in full force and effect
15A. Name and Title of Signer (Type or print)
16C. Date Signed
7/24/2025
1. Question and Answers (Attachment A).
2. On page 1, section 10, delete and replace entire section. (Attachment B)
3. Under section L.5 Proposal Submission, delete L.1.1, and replace it with L.5.1. (Attachment C)
4. Under section L.5 Part II - Price Proposal, delete L.2.6 and replace it with L.2. (Attachment C )
5. Delete: C.3.1 UDC Student Center Bldg. 56 (Attachment D)
Replace with: C.3.1 UDC Student Center Bldg. 56 (including Saturdays)
6. Pre-proposal conference sign-in sheet. (Attachment E)
All
other terms and conditions remain unchanged.
Lincoln Tyson _ Principal
Lincoln Tyson 8/2/2025
Attachment A
No. Question Response
1 Page 1, item #10 of the of the RFP states: “Sealed proposals in
“original plus 4 copies” to perform the work required shall be received
at the place specified in item 8, or hand carried to the counter located
at address shown in item 8 not less than 2:00 p.m. local time on
August 4, 2025,” while Section L.5
Proposal Submission (L.1.1) states proposals shall be submitted via
email. Please confirm if only the electronic submission of the proposal
via email as described is required.
Offerors shall submit one (1) signed original of their proposal, Part I –
Technical Proposal & Part II – Price Proposal. Submissions should be
delivered via email to Michiko Gadson at mgadson@udc.edu. (see
attachment A). Additionally, your proposal should be submitted along with the
RFP offer letter (Attachment C)..
2 Can you please clarify section B.2, designation for small business set
aside market only. Is this RFP as set aside for Certified Business
Enterprises (CBE) as certified by the DSLBD? Or a set-aside for
certified Small Business Enterprises only? Page 1, item #6 of the RFP
states it is a CBE set-aside with a 35% SBE subcontracting
requirement.
This RFP is designated only for certified small business enterprises (SBEs)
with a requirement that 35% of the work be subcontracted to a small
business certified by the D.C. Department of Small and Local Business
Development (DSLBD), unless the prime contractor is certified and will
perform 100% of the work.
3 If it is a set aside for CBE, is the 35% subcontracting requirement
applicable? Will a CBE as certified by DSLBD be required to
subcontract to an SBE if they are a designated CBE with LBE/DZE
under DSLBD?
No, if the prime contractor is certified and will perform 100% of the work.
Please note that the subcontracting plan must be submitted along with your
proposal.
4 C.2.1.10 states Firebird Farm at 12001 Old Baltimore Pike, Beltsville
MD is a part of the sites to be serviced. Incumbent provides services to
East Capitol Urban Farm. Does the scope of work as outlined in the
RFP require services at both locations?
The Firebird Farm, located at 12001 Old Baltimore Pike, Beltsville, MD, is the
only location for services.
5 Throughout the RFP scope of work, anything up to 8ft in height is to be
addressed under regular/daily cleaning efforts. Sections C.4.2.1.2 and
C.4.2.1.3 deem surfaces above 7 ft “high cleaning” and tasks are to be
executed monthly. Please confirm if high cleaning tasks shall be
considered from 7 ft or 8 ft from the floor.
High cleaning tasks are performed above 8 ft from the floor.
6 Is the Supervisor/Onsite Lead required to have their LEED certification
at the time of proposal submission or prior to notice of award?
The Supervisor/Onsite Lead is required to have their LEED certification at the
time of proposal submission.
7 Section L.5 Proposal Submission, L.1.1 Part II – Financial Proposal
states submission should include a Descriptive Financial Proposal in
accordance with Section L.2.6, however, L.2.6 only states the proposal
will be rejected as non-responsive if not a subcontracting plan as
required by law is not included. Please confirm if this information
referenced was the intended subsection/requirement with reference to
the Financial Proposal.
See attachment B.
GF-2025-R-0020, Janitorial Services
Questions & Answers
1 of 3
8 Should the Technical and Financial Proposals submitted as separate
documents within the same
submission, or can they be placed together in one singular file?
Yes, please submit two separate packages. Part I should be labeled
Technical Proposal, and Part II should be labeled Price Proposal.
9 Is a portion or any of the properties serviced covered by a Collective
Bargaining Agreement - union? If so, can you please provide the name
of the union?
SEIU Local 32BJ-CAD
10 Will UDC be providing any consumable supplies (toilet paper, paper
towels, sanitary hygiene products, sanitary disposal bags, toilet seat
liners, hand soap, trash can liners, recycling bin liners, kitchen/coffee
area paper towels, air fresheners, urinal screens, deodorizer
cartridges, facial tissue, hand sanitizers, gym wipes) or will contractor
be responsible for providing these items? Is the contractor allowed to
bill the cost of any of these items to UDC?
Yes, the contractor is responsible for providing the mentioned items. Cost for
the items indicated is part of the contract.
11 C.2.7.5 and C.3.7.5 ask for at least two past performance evaluations
and references. Can the same two be used for both C.2.7.5 and
C.3.7.5?
Yes, if the evaluations are based on the requirements in section C.3.
12 Please provide the name and type of sanitizing equipment reflected in
C.4.2.1.1 on pages 17-18 of rfp that the university will provide.
KAIVOC Cleaning System, Model #KV2150, Serial #2150-3249
13 Are there any minimum number of vehicles the contractor is to
provide?
NONE
14 Page 21 of the rfp states that all corridor sanitizer dispensers shall be
serviced and refilled with Purell sanitizer (provided by Janitorial
contractor). Can UDC provide the number and type of hand sanitizer
dispensers? Also, does UDC expect the hand sanitizer refills to be
provided by the contractor and billed back to UDC. Or does UDC want
the hand sanitizer cost to be included in the fixed price monthly cost?
Yes, the hand sanitizer refills are provided by the contractor.
15 Can UDC please provide the floor care schedule that is mentioned in
the rfp and was mentioned in the pre-proposal call?
The floor care schedule shall be made available to the contractor on board.
16 Page 71 of the rfp mentions Financial Bid Form as Attachment J.10,
but J.10 is the Past Performance form. Can you please
provide the correct Financial Bid Form to be used?
Please see attachment C.
17 Page 7 of the rfp mentions “Descriptive Financial Proposal in
accordance with Section L.2.6” but we do not see anything regarding
the financial proposal in L.2.6. Please clarify.
Please see attachment B.
18 Regarding the insurance requirements, for Professional Liability
– Would UDC consider waiving this requirement? Our understanding is
that this insurance is typically more for industries that are designing
plans, building, stamping plans, etc.
No.
2 of 3
19 Provide an annual line-item budget that includes projected monthly
payments, total annual payments, and total contract amount. Is this the
cost that would be provided on the Financial Bid Form?
The University will not be able to provide an annual line-item budget that
includes monthly payments, total annual payments, and the total contract
amount.
20 Provide an assessment of the janitorial needs in each building to be
served. Please provide some clarity on what UDC is requesting in
response to this question.
Assessment of janitorial needs in each building is specified in the scope.
21 Are there any cleaning services required after 10 p.m. at any of the
UDC locations?
No cleaning services required after 10:00 p.m.
22 What time do evening classes end? Evening classes end at 10:00 p.m.
3 of 3
Attachment B
Janitorial Services GF-2025-R-0020
1
1. Solicitation N o.
GF-2025-R-0020
2. Type
[] Sealed Bid
[x] Sealed Proposal
3. Date
Issu
ed
7/14/2025
Page
1 of 83
(not including cover page)
4. Contract Number 5. Requisition/Purchase Request No. 6.
[] Open Market with set aside for SBE
subcontracting (see Section M.1.6)
[x] CBE Set-Aside (See B.2 & Sec. M)
Mandatory 35% SBE subcontracting with
Section M.5.2
7. Issued By:
University of the District of Columbia
Office of Contracting and Procurement
4200 Connecticut Avenue NW Bldg. 39 Suite 200C
Washington, DC 20008
8. Address Bid To:
Mary Ann Harris, Chief Contracting Officer
c/o Michiko Gadson, Senior Contract Specialist
University of the District of Columbia
Office of Contracts & Procurement
4200 Connecticut Avenue NW Bldg. 39 Suite 200C
Washington, DC 20008
9. FOR
INFORMATION
CONTACT
A. Name
Michiko Gadson
B Telephone
202-274-5191
C. E-Mail Address
mgadson@udc.edu
IMPORTANT – The “Bidder” Section of this form must be completed by the Bidder
SOLICITATION
NOTE: In sealed proposal solicitations “proposal” mean “offer to provide good and/or services”
10. Sealed proposals shall be sent to the email address shown in item 9.C, not less than 2:00 p.m. local time on August 4, 2025.
11.The University requires performance of work described in strict accordance with the following:
DESCRIPTION SECTION P AGE
Solicitation Proposal/Award Form A 1-2
Contract Type, Supplies or Services and Price/Cost B 4-10
Scope/Statement of Work C 11-33
Packaging and Markings D 34
Inspection and Acceptance E 35
Deliveries and Performance F 36-37
Contract Administration Data G 38-43
Special Contract Requirements H 44-56
Contract Clauses I 57-66
List of Attachments J 67
Representations, Certifications and Other Statements of Bidders K 68
Instructions to Bidders L 69-75
Evaluation Preference Points M 76-83
12. The contractor shall begin performance on the date specified in the written [] Award [ X] NTP (Notice to Proceed)
and complete all work not later than the date specified in the NTP. This period of performance is [ x] Mandatory [] Negotiable.
13. The contractor SHALL furnish a bid bond with bid submission, and performance and payment bonds (Attachment J.11) within 10 calendar days after
receiving the UDC Notice of Intent to Award.
14. Additional Solicitation Considerations
A. All bids are subject to the work requirements, provisions and clauses incorporated in this solicitation in full text or by reference.
B. A BID GUARANTEE [ X] is required [] is not required
PERFORMANCE AND PAYMENT BONDS are also required pursuant to Article 12 Sections A, B, and C of the Government of the
District of Columbia Standard Contract Provisions for use with District of Columbia Government Supplies and Services Contracts (March 2007).
Attachment C
L.5 PROPOSAL SUBMISSION
Delete:
L.1.1 Proposals must be submitted no later than 2:00 p.m. local time on Monday,
August 4, 2025, to Michiko Gadson via email at mgadson@udc.edu.
Replace with:
L.5.1 Proposals must be submitted no later than 2:00 p.m. local time on Monday,
August 4, 2025, to Michiko Gadson via email at mgadson@udc.edu.
Delete:
Part II – Price Proposal
• Descriptive Financial Proposal in accordance with Section L.2.6.
Replace with:
Part II – Price Proposal
• Descriptive Financial Proposal in accordance with Section L.2.
L.5 PROPOSAL SUBMISSION
L.5
.1 Proposals must be submitted no later than 2:00 p.m. local time on Monday,
August 4, 2025, to Michiko Gadson via email at mgadson@udc.edu.
A
ddressed to: Mary Ann Harris, Chief Contracting Officer
University of the District of Columbia Office of Contracts & Procurement
4200 Connecticut Avenue, N.W., Bldg. 39, Suite 200C
Washington DC 20008
NO
TE: "Proposal in Response to Solicitation No.; GF-2025-R-0020, “Janitorial
Services”
Of
ferors shall submit one (1) signed original of their proposal. Submissions should be
delivered via email to Michiko Gadson at mgadson@udc.edu.
P
art I – Technical Proposal
T
he Technical Proposal must contain sufficient detail to provide a clear and concise
response fully reflecting the manner in which the offeror proposes to fully meet the
requirements in Section C. The offeror shall respond to each factor listed in Sections
M.3.1 in a way that will allow the University to evaluate the offeror’s response.
P
art II – Price Proposal
• Completed Financial Bid Form – (Attachment J.10)
• Descriptive Financial Proposal in accordance with Section L.2.
• Completed Attachments J.3, J.4, J.7, J.8, J.9, J.10, and J.11
Attachment D
Janitorial Services
14
task, or combination thereof, at each location.
C.2.7.4 Resumes of key personnel
C.2.7.5 At least two past performance evaluations and references from customers
to whom you have provided similar services during the past two years.
C.2.8 Provide an annual line-item budget that includes projected monthly payments, total
annual payments, and total contract amount.
C.3 REQUIREMENTS FOR CLIN 002
The offeror shall illustrate its understanding of the industry, needs of the University,
capability, and determination to always keep the University’s campuses at green
quality by submitting a comprehensive proposal that offers to be the best solution
for creating and maintaining Platinum LEED quality cleanliness. Below is a table
showing the approximate square footage of both interior and exterior spaces
associated with the Student Center that will require cleaning according to the
specifications for green cleaning janitorial services as required by the US Green
Building Council to attain LEED credits towards platinum certification (See
Attachment J.l.l).
C.3.1 DC Student Center Bldg. 56 (Including Saturday's
4200 Connecticut Ave NW
Washington DC 20008
Type of Space Area (SF) Area Type Flooring
Interior
11,150 Circulation Polished concrete
7.700 Offices/Workrooms Carpet Tile
2,000 Meeting and Conference
Rooms
Carpet Tile
4,800 Ballroom (Divisible into two
separate areas)
Carpet Tile
375 Warming Kitchen adjacent to
Ballroom
Warming
Kitchen
13,500 Open Lounge Spaces 30% Carpet Tile
70%
3,450 (2) Unisex Toilet Rooms, (I)
Men's and (1) Women's
Locker Room w/tile showers
and toilets
Ceramic and
Porcelain
4,500 Fitness Area 75% Rubber
Flooring
47,475 Total Interior SF Pavers
Attachment E
NO NAME COMPANY TELEPHONE NO. EMAIL ADDRESS
1 Mary Ann Harris, Chief Contracting Officer UDC, OCP 202-274-5181 mharris@udc.edu
2 Michiko Gadson, Senior Contract Specialist UDC, OCP 202-274-5191 mgadson@udc.edu
3 Lincoln Tyson TPM Group 301-367-0470 tyson@tysonpmgroup.com
4 Kiyo Oden Tyson TPM Group 301-367-0470 ktyson@tysonpmgroup.com
5 Christopher Belo TPM Group 301-367-0470
6 LeVon Dock TPM Group 301-367-0470
PRE-PROPOSAL CONFERENCE ATTENDANCE (July 16, 2025 at 11:00 A.M.)
GF-2025-R-0020, Janitorial Services
(X)
X x
X
(Signature of person authorized to sign) (Signature of Contracting Officer)
Washington, DC 20008
Mary Ann Harris
16B. District of Columbia
1. Add: C.2.1.14 UDC Health Sciences Building 44
15B. Name of Contractor 15C. Date Signed
Except as provided herein, all terms and conditions of the document referenced in Item (9A or 10A) remain unchanged and in full force and effect
15A. Name and Title of Signer (Type or print)
All other terms and conditions remain unchanged.
16C. Date Signed
16A. Name of Contracting Officer
D. Other (Specify type of modification and authority)
1 copy to the issuing office.E. IMPORTANT: Contractor is not, is required to sign this document and return
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
Solicitation No. GF-2025-R-0020 for Janitorial Services is hereby amended as follows:
4200 Connecticut Avenue N.W.
3. The submission of the proposal is extended to Thursday, August 7, 2025, by 2:00 p.m..
2. Add: C.2.9 Provide a vehicle for transportation purposes.
110,421 sqft
Section C.1 Requirements for CLIN 0001 (Attachment A)
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14, pursuant to the authority of 27 DCMR, Chapter 36, Section 3601.2.
C. This supplemental agreement is entered into pursuant to authority of:
12. Accounting and Appropriation Data (If Required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
A. This change order is issued pursuant to: (Specify Authority)
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
following methods: (a) By completing Items 8 and 15, and returning 1 copy of the amendment: (b) By acknowledging receipt of this
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
solicitation and this amendment, and is received prior to the opening hour and date specified.
Facility
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
10A. Modification of Contract/Order No.
10B. Dated (See Item 13)
Code
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
GF-2025-R-0020
9B. Dated (See Item 11)
Capital Procurement Division Capital Procurement Division
4200 Connecticut Avenue, NW, Room C01, Building 38 4200 Connecticut Avenue, NW, Room C01, Building 38
Washington, DC 20008 Washington, DC 20008
6. Issued By: Code 7. Administered By (If other than line 6)
University of the District of Columbia University of the District of Columbia
4. Requisition/Purchase Request No. 5. Solicitation Caption
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
GF-2025-R-0020_002 See item 16C Janitorial Services
2. Amendment/Modification Number 3. Effective Date
1. Contract Number Page of Pages
1 5
8/4/2025
Attachment A
C.1 REQUIREMENTS FOR CLIN 000l
The offeror shall illustrate its understanding of the industry, needs of the University,
capability, and determination to always keep the University’s campuses at green quality
by submitting a comprehensive proposal that offers to be the best solution for always
creating and maintaining green quality cleanliness in high traffic volume higher
educational buildings. The Offeror proposal shall:
C.1.1 Provide an assessment of the janitorial needs in each building to
be served which are located at:
C.2.1.1 UDC Eng. Addition Building 32 (include Saturdays)
4200 Connecticut
Avenue NW
Washington, DC
20008
78,983 sqft
C.2.1.2 UDC Business/Student Gov. Building 38 (including Saturdays)
4200 Connecticut Ave NW
Washington DC 20008
115,308 sqft
C.2.1.3 UDC Administration Bldg. 39
4200 Connecticut Ave NW
Washington DC 20008
85,938 sqft
C.2.1.4 UDC Eng. Addition Building 42 (include Saturdays)
4200 Connecticut
Avenue NW
Washington, DC
20008
78,983 sqft
C.2.1.5 UDC Auditorium Building 46E
4200 Connecticut Avenue
NW Washington, DC
20008
40,2015 sqft
C.2.1.5 UDC Auditorium Building 46W
4200 Connecticut
Avenue NW
Washington, DC 20008
23,040 sqft
C.2.1.6 E.B Henderson Sports Complex 47 (including Saturdays)
4200 Connecticut
Avenue NW
Washington, DC 20008
93,805 sqft
C.2.1.7 UDC Law School Building 52 (including Saturdays)
4340 Connecticut
Avenue NW
Washington, DC 20008
143,560 sqft
C.2.1.8 UDC Airport Hanger No. 2
National Airport
Arlington, VA 22202
12,000 sqft
C.2.1.9 UDC Community College- Lamond Riggs (including Saturdays)
5 l 71 South Dakota
Avenue NE
Washington, DC
20008
45,000 sq.ft.
C.2.1.10 Firebird Farm
12001 Old Baltimore Pike
Beltsville MD
C.2.1.11 UDC Student Success Center Bldg. 70
4225 Connecticut Ave NW
Washington DC 20008
19,988 sqft
C.2.1.12 UDC Academic Bldg. 71 (including Saturdays)
4250 Connecticut Ave NW
Washington DC 20008
200,000 sqft
C.2.1.13 UDC Workforce Dev. Bldg. 72
3100 Martin Luther
King Jr SE
Washington, DC 20008
78,985 sqft
C.2.1.14 UDC Health Sciences Building 44
4200 Connecticut Avenue, NW
Washington, DC 20008
110,421 sqft
C.2.2 Provide a corrective action chart, with timetables for
completion, for the findings in Section C.2.1.
C.2.3 Provide a chart of ongoing services to be provided, including
description and frequency, at each of the buildings above. Describe
the frequency, method, and cleaning tools and equipment, as well as
the quantity and job title of staff assigned.
C.2.4 Provide a chart of measurable performance standards for each
service offered; for example - Excellent, Good, Satisfactory, and
Unsatisfactory. Include a measurable description of what
constitutes each.
C.2.5 Provide a Deduction of Payment Schedule for unsatisfactory
performance, including recurring occurrences.
C.2.6 Provide response time to correction of reports of unsatisfactory
performance.
C.2.7 Clearly describe a planned management approach and include:
C.2.7.1 Staff reporting and interaction with UDC personnel chart
C.2.7.2 Quality Control Plan
C.2.7.3 Number of employees, job description, and hourly rates of
pay for each task, or combination thereof, at each location.
C.2.7.4 Resumes of key personnel
C.2.7.5 At least two past performance evaluations and references
from customers to whom you have provided similar services
during the past two years.
C.2.8 Provide an annual line-item budget that includes projected monthly
payments, total annual payments, and total contract amount.
C.2.9 Provide a vehicle for transportation purposes.
Proposal/BAFO
University of the District of Columbia (UDC)
Proposal Title: Janitorial Services
Solicitation Number: GF-2025-R-0020
Due Date: August 7, 2025, 2:00 P.M. Local Time
Part II – Price Proposal
SUBMITTED TO:
Name: Michiko Gadson
Email: mgadson@udc.edu
SUBMITTED BY:
Company Name: Tyson Project Management Group, LLC (TPM Group LLC)
Location: 1301 K Street, NW, STE 300, Washington, DC 20005
Web: https://www.tysonpmgroup.com/
DUNS: 830222209
Tax ID Number: 26-4539879
CBE Number: LSDZ78165092027
Point of Contact:
Lincoln Tyson
Managing Principal
tyson@tysonpmgroup.com
(202) 775-0096 (Office)
This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole
or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this Offeror as a result of—or in
connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent
provided in the resulting contract. This restriction does not limit the Government’ s right to use information contained in this data if it is
obtained from another source without restriction. The data subject to this restriction are contained in sheets marked . TPM Group
acknowledges having valid and active SAM registration.
University of the District of Columbia
Janitorial Services
Part II – Price Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | i
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal.
Table of Contents
1 Financial Proposal ................................................................................................................. 1
1.1 Financial Bid Form ......................................................................................................... 1
1.2 Descriptive Financial Proposal ...................................................................................... 2
1.2.1 Section – B - Annual Line-Item Budget for CLIN 001 and CLIN 002 ..................................... 3
1.3 Completed Attachments .................................................................................................. 9
1.3.1 Attachment J3 .......................................................................................................................... 9
1.3.2 Attachment J.4 ....................................................................................................................... 14
1.3.3 Attachment J.7 ....................................................................................................................... 25
1.3.4 Attachment J.8 ....................................................................................................................... 26
1.3.5 Attachment J.9 ....................................................................................................................... 26
1.4 Security Bonds Required (Attachment J.11). ................................................................. 27
University of the District of Columbia
Janitorial Services
Part II – Financial Proposal
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1.2 Descriptive Financial Proposal
TPM Group's pricing proposal was prepared in accordance with the requirements in Section L.2
of the RFP. Our pricing proposal contains the required details as set forth in Section L.2.
In accordance with Section H.2, TPM Group agrees to be bound by and has prepared its
pricing in accordance with the Wage Determination No. 2015 -4281 Revision No. 33, dated
04/23/20205, 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."
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1 Financial Proposal
1.1 Financial Bid Form
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1.2.1 Section – B - Annual Line-Item Budget for CLIN 001 and CLIN 002
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1.3 Completed Attachments
1.3.1 Attachment J3
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1.3.2 Attachment J.4
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1.3.3 Attachment J.7
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1.3.4 Attachment J.8
BIDDER/OFFEROR Certification Form has been attached as a separate PDF file titled – “J.8 -
Bidder-Offeror Certification Form”.
1.3.5 Attachment J.9
The attachment J.9 Subcontractor Plan has been attached in Part I – Technical Proposal, under
heading 3.
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1.4 Security Bonds Required (Attachment J.11).
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University of the District of Columbia (UDC)
Proposal Title: Janitorial Services
Solicitation Number: GF-2025-R-0020
Due Date: August 7, 2025, 2:00 P.M. Local Time
Part I – Technical Proposal
SUBMITTED TO:
Name: Michiko Gadson
Email: mgadson@udc.edu
SUBMITTED BY:
Company Name: Tyson Project Management Group, LLC (TPM Group LLC)
Location: 1301 K Street, NW, STE 300, Washington, DC 20005
Web: https://www.tysonpmgroup.com/
DUNS: 830222209
Tax ID Number: 26-4539879
CBE Number: LSDZ78165092027
Point of Contact:
Lincoln Tyson
Managing Principal
tyson@tysonpmgroup.com
(202) 775-0096 (Office)
This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclose d—in whole
or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this Offeror as a result of—or in
connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent
provided in the resulting contract. This restriction does not limit the Government’ s right to use information contained in this data if it is
obtained from another source without restriction. The data subject to this restriction are contained in sheets marked . TPM Group
acknowledges having valid and active SAM registration.
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Janitorial Services
Part I – Technical Proposal
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Executive Summary
TPM Group LLC is a Certified Business Enterprise (CBE) (LSDZ78165092027) headquartered
in the District of Columbia and has operated as a full -service project management firm since its
founding in 2009. As a trusted partner of the University of the District of Columbia (UDC) since
2011, TPM is uniquely positioned to deliver exp ert, high -quality, and value -driven janitorial
services in alignment with the University’s operational standards and expectations. We are proud
to have supported UDC with a broad range of facilities-related services for more than 14 years.
Our executive leadership brings over 25 years of
experience in project management, specializing
in facilities support, janitorial operations, and
logistics services. Our deep expertise directly
aligns with the requirements outlined in the
Statement of Work. TPM has earned a reputation
as a leader in the industry, serving both
government and commercial sectors with a
strong focus on federal and local agencies, as
well as educational institutions ranging from K -
12 to higher education. Our portfolio of releva nt
and ongoing janitorial contracts includes work
with the District of Columbia Public Schools
(DCPS) system -wide, the University of
Maryland, and the U.S. Naval Academy , all of
which reflect the scale, complexity, and service
quality expectations consistent with this RFP.
What our customers have to say
In the DC area, when large -scale projects
require intricate installations and deadlines
that cannot budge, it's imperative that TPM
is at the table. A top -tier firm in every way,
TPM exceeds expectations and provides a
refreshing dose of honesty and timeli ness in
their communications to keep all project
partners accountable, informed, and on
track. The firm's team members confront
challenges head -on with the utmost
confidence, commitment, and creativity. I am
always excited when I have the opportunity
to refer TPM Group because I know they will
never disappoint."
~ Novella Brady, Government Contractor
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | ii
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Table of Contents
Executive Summary ........................................................................................................................ i
List of Figures ............................................................................................................................... iv
List of Tables ................................................................................................................................. iv
Cover Letter ..................................................................................................................................... v
1 REQUIREMENTS FOR CLIN 000l ..................................................................................... 1
1.1 Assessment of the Janitorial Needs ................................................................................. 2
1.2 Corrective Action Chart .................................................................................................. 4
1.3 Ongoing Services Chart .................................................................................................. 5
1.4 Measurable Performance Standards Chart .................................................................. 10
1.5 Deduction of Payment Schedule ................................................................................... 13
1.6 Response Time to Correction of Reports ....................................................................... 14
1.7 Management Approach for CLIN 0001 and CLIN 0002 ............................................... 14
1.7.1 Quality Control for CLIN 0001 and CLIN 0002 ................................................................... 23
1.7.2 Employee Count, Job Descriptions, and Hourly Rates ......................................................... 37
1.8 Key Personnel ............................................................................................................... 40
1.9 Past Performance.......................................................................................................... 42
1.9.1 Past Performance #1 - Janitorial Services............................................................................ 42
1.9.2 Past Performance #2 - Janitorial/Deep Cleaning Services – DC Public Schools ................ 44
1.10 Annual Line-Item Budget .............................................................................................. 45
2 REQUIREMENTS FOR CLIN 0002 .................................................................................. 46
2.1 Assessment of the Janitorial Needs ............................................................................... 47
2.2 Corrective Action Chart ................................................................................................ 49
2.3 Ongoing Services Chart ................................................................................................ 49
2.4 Chart of Measurable Performance Standards .............................................................. 53
2.5 Deduction of Payment Schedule ................................................................................... 53
2.6 Response Time to Correction of Reports ....................................................................... 53
2.7 Management Approach ................................................................................................. 53
2.7.1 Quality Control Plan ............................................................................................................. 53
2.7.2 Number of employees, job description, and hourly rates ...................................................... 53
2.8 Key personnel................................................................................................................ 53
2.9 Past Performance.......................................................................................................... 53
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
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2.10 Annual Line-Item Budget .............................................................................................. 54
3 Subcontracting Plan ............................................................................................................ 54
3.1 Attachment J.9............................................................................................................... 57
4 General Requirements ......................................................................................................... 63
4.1 Contract Administrator (CA) ........................................................................................ 63
4.2 Facilities and Locations ................................................................................................ 63
5 Standard Services ................................................................................................................. 64
5.1 Daily Services to Be Performed in All Buildings Restrooms ........................................ 64
5.2 Interior Space, Offices .................................................................................................. 66
5.3 Classrooms, Lecture Halls, and Meeting Spaces .......................................................... 67
5.4 Entrance, Corridors, and Lobby Areas ......................................................................... 68
5.5 Drinking Fountain/ Hydration Stations ........................................................................ 70
5.6 Facility trash and recyclables ....................................................................................... 70
5.7 Cleaning of Exterior Grounds, Elevators, Floors, and Parking Areas: ....................... 72
5.8 Corridor Sanitizer Dispensers and Lounges/Food Eating Areas ................................. 74
6 Weekly Services to Be Performed in All Janitorial Services 22 Buildings ........................ 75
6.1 Dusting .......................................................................................................................... 75
6.2 Carpet Spot Cleaning and Office Vacuuming ............................................................... 76
6.3 Elevator Cleaning ......................................................................................................... 77
6.4 Spray Buff Floors and Floor Care ................................................................................ 77
6.5 Clean Stairways and Landings ..................................................................................... 78
7 Monthly Tasks Performed .................................................................................................... 78
7.1 Auditorium Stage/ Gymnasium ..................................................................................... 78
8 Semi-Annually Task Performed .......................................................................................... 79
9 Porter Service ....................................................................................................................... 80
10 Green Clean Program (GCP) .......................................................................................... 81
11 Administration ...................................................................................................................... 84
11.1 Contractor Quality Control Plan (OCP) ...................................................................... 84
11.2 Quality Assurance Surveillance Plan (QASP) .............................................................. 84
11.3 Facilities Operations Contractor Performance Rating System .................................... 84
11.4 Customer Complaints.................................................................................................... 85
11.5 Key Personnel ............................................................................................................... 86
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
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11.6 Reimbursables ............................................................................................................... 86
12 Acknowledgment Of Amendments .................................................................................. 88
13 Legal Status of Offeror .................................................................................................... 92
13.1 Clean Hands Certification ............................................................................................ 93
13.2 Business License ........................................................................................................... 94
14 General Standards of Responsibility ............................................................................... 94
15 Special Standards of Responsibility ................................................................................ 95
List of Figures
Figure 1- Our Management Plan ................................................................................................ 15
Figure 2 - Our Organizational Chart for UDC's Janitorial Services ........................................ 22
Figure 3 - Quality Control Plan .................................................................................................. 24
Figure 4 - Our Communication and Reporting Chart ............................................................... 34
List of Tables
Table 1- Assessment of Janitorial Needs CLIN 0001 ................................................................... 2
Table 2 - Corrective Actions ........................................................................................................... 4
Table 3- Corrective Action Chart for Deficiencies ........................................................................ 5
Table 4: Ongoing Services Chart ................................................................................................... 5
Table 5 - Measurable Performance Standards ........................................................................... 10
Table 6 - Performance Deficiency Deductions ........................................................................... 13
Table 7- Measurable Performance Standards ............................................................................ 34
Table 8 - Price Reduction Table ................................................................................................... 37
Table 9: Number of Employees Including CLIN 0001 and CLIN 0002 .................................... 38
Table 10- Assessment of Janitorial Needs CLIN 0002 ............................................................... 47
Table 11 - Ongoing Services Chart .............................................................................................. 49
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | v
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Cover Letter
August 4, 2025
University of the District of Columbia
Office of Contracting and Procurement
4200 Connecticut Avenue NW Bldg. 39 Suite 200C
Washington, DC 20008
Attn: Mary Ann Harris
Subject: Response to RFP (GF-2025-R-0020) - Janitorial Services to University of the District
of Columbia (UDC).
Dear Ms. Harris,
TPM Group is pleased to submit this response to RFP - “Janitorial Services” to the University of
the District of Columbia . We will offer quality janitorial services across all University of the
District of Columbia (UDC) campuses and facilities at fair and reasonable prices, bringing a depth
of capability to satisfy any requirements, large or small.
TPM Group will take responsibility for providing deep, enhanced cleaning services as required
pursuant to the RFP. We will provide janitorial services, including porter services, in office spaces,
corridors, waste receptacles, entrances/exits of buildings, common areas, laboratories, classrooms,
conference rooms, restrooms, and other used areas between 8:00 a.m. and 10:00 p.m. Monday
through Friday (excluding Federal holidays) and Saturdays 8:00-5:00 p.m.
As a long -time and trusted vendor of UDC, TPM Group brings profound experience to satisfy
these requirements across the specific tasks as outlined in the Statement of Work (SOW). We are
responsive, capable, and committed to UDC’s mission and stand ready to perform this effort with
quality assurance throughout the period of work. We have experienced over a decade of growth in
delivering for customers both large and small, in every facet of janitorial services. Our response
follows UDC’s instructions, demonstrating our existing processes and procedures for all the
required services.
TPM Group (LSDZ78165092027) is pleased to announce our strategic subcontracting
arrangement with Bolana Capitol Enterprises, Inc. (Bolana) (LSDZ84272062027) for the
requirements under the RFP . Under this arrangement, TPM Group will serve as the Prime
Contractor, with full responsibility for contract performance, compliance, quality assurance, and
client satisfaction. Bolana will serve as our subcontractor, bringing added depth, resources, and
specialized expertise to our team. To strengthen our team, we bring together the extensive industry
experience of Bolana, a District of Columbia Certified Business Enterprise (CBE) and full-service
janitorial company. Bolana applies a science -based approach to cleaning that emphasizes
protecting both health and the envi ronment. As a Green Seal GS -42 Certified firm, Bolana is
committed to delivering exceptional cleaning services while minimizing environmental impact ,
perfectly aligned with the University’s green -cleaning and sustainability goals, particularly for
CLIN 0002, which covers the LEED Platinum-certified New Student Center.
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | vi
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TPM Group will lead and integrate all janitorial operations, ensuring seamless collaboration and
unified performance across all CLINs. Our Project Manager (PM) will serve as the single point
of contact for UDC, accountable for all programmatic oversight, contract compliance, and real -
time responsiveness to evolving university needs. Our PM will manage personnel from both TPM
and Bolana, promoting a fully integrated team aligned with common performance goals. To
support transparency, coordination, and contr act efficiency, TPM will oversee messaging,
supervision, collaboration workflows, and continuous performance monitoring. Our project and
legacy managers will coordinate directly with UDC stakeholders to ensure that all services are
executed with precision, reliability, and a commitment to exceeding expectations.
Together, TPM Group and Bolana Enterprises represent a powerful team with complementary
strengths, a shared mission of service excellence, and the demonstrated capacity to support UDC’s
operational needs with integrity, environmental stewardship, and high performance.
TPM Group agrees to hold the prices in this quote firm for 120 calendar days from the date
specified for receipt of offers and acknowledges amendments 001 and 002
Sincerely,
Lincoln Tyson
TPM Group
Title: Principal
Email: tyson@tysonpmgroup.com
Phone: (202) 775-0096
CBE Number: LSDZ78165092027
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 1
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1 REQUIREMENTS FOR CLIN 000l
a. Understanding of the Industry and the University’s Needs for Maintaining Green
Quality and Cleanliness
TPM Group understands that maintaining green quality cleanliness on a university campus goes
far beyond basic custodial services. In the context of a higher education environment , especially
one as active and multifaceted as the University of the District of Columbia , cleanliness plays a
direct role in supporting the health, safety, and academic performance of students, faculty, and
visitors. It also reflects the University’s broader commitment to sustainability and environmental
responsibility. Our industry experience has shown that institutions like UDC require a cleaning
program that is consistent, responsive, and environmentally sound. Campus facilities, including
classrooms, laboratories, libraries, athletic centers, and student common areas, experience constant
use and fluctuating occupancy throughout the day and academic calendar. Maintaining a visibly
clean environment is important, but so is controlling indoor air quality, limiting the use of harmful
chemicals, and supporting the University’s Leadership in Energy and Environmental Design
(LEED) standards and green initiatives.
b. Our Industry-Aligned, University-Centered Approach
TPM Group’s strategy for achieving and maintaining green quality cleanliness at all times is
centered on three integrated components: staffing and training, the use of environmentally
preferred products and equipment, and a flexible, building-specific cleaning model.
We begin by deploying properly trained custodial personnel across two full shifts each day, with
additional coverage on weekends and for special events. Our staff are uniformed, clearly
identifiable, and trained in both standard janitorial procedures and Leadership in Energy and
Environmental Design (LEED) -compliant green cleaning methods. Supervisors and a full -time
on-site Project Manager oversee daily operations and respond quickly to evolving needs. In terms
of cleaning standards and tools, TPM Group only uses certified, environmentally friendly products.
Our cleaning agents are Green Seal certified and designed to reduce chemical exposure for building
occupants. We rely on microfiber cleaning systems, HEPA -filtered vacuums, and automated
dilution systems to ensure consistent quality while protecting the environment. Equipment is
selected based on its effectiveness, efficiency, and alignment with indoor environmental quality
standards.
Each UDC facility will receive a tailored cleaning plan based on its purpose and traffic levels. For
instance, high-use areas such as restrooms, entryways, stairwells, and student lounges will receive
multiple cleanings per day, while administrative offices may follow a different schedule. Our teams
are also equipped to respond to urgent needs such as spill response, restroom re-servicing, or event
turnaround cleaning. Flexibility is embedded into our daily operations.
c. Demonstrated Capability and Commitment
TPM Group and its team has successfully supported green -focused janitorial contracts in high -
volume, high -visibility environments similar to UDC. We have developed quality assurance
systems that include performance tracking, inspection checklists, and real -time corrective action
documentation. This ensures that cleaning results are measurable and auditable. Our centralized
dashboard allows both our team and UDC stakeholders to view cleaning activity, schedule
compliance, and inspection outcomes in real time. In addition, we maintain regular communication
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 2
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
with the University through daily reports, weekly check-ins, and quarterly performance reviews to
ensure complete alignment and responsiveness. Above all, TPM Group is committed to supporting
the University’s mission through a service model that provides consistent cleanliness, enhances
campus appearance, protects occupant health, and reinforces the University’s reputation as a
sustainability leader.
1.1 Assessment of the Janitorial Needs
As part of our commitment to delivering high -quality, responsive, and sustainable janitorial
services, TPM Group has conducted a comprehensive assessment of the custodial needs for each
UDC facility listed in the solicitation. Our assessment considers the square footage, primary
building functions, traffic volume, specialized usage (e.g., laboratories, event spaces, athletic
facilities), and LEED/sustainability objectives. Our approach ensures that cleaning frequencies,
service levels, staffing, and equipment allocation are appropriately tailored to meet the operational
demands and health standards of each site. The following building -by-building analysis is
structured to demonstrate our clear understanding of the University’s environment and to provide
a roadmap for maintaining consistent “green quality” cleanliness across all campuses.
Table 1- Assessment of Janitorial Needs CLIN 0001
Building Name SF Assessment of Janitorial Needs
UDC Eng. Addition Building
32
4200 Connecticut Avenue,
NW, Washington, DC 20008
78,983.00
It is our understanding that this building
consists of classrooms, laboratories, a
multipurpose room, corridors, common areas,
a seminar room, restrooms, etc.
Serviced 6 days per week.
UDC Business/Student Gov.
Building 38
4200 Connecticut Avenue,
NW, Washington, DC 20008
115,308.00
It is our understanding that this building houses
several important departments and offices
related to business and student governance. It
consists of Student Government offices, other
offices, a common area and assembly spaces, a
fitness center, a bookstore, dining facilities,
meeting spaces, and a career center.
Serviced 6 days per week.
UDC Administration Building
39
4200 Connecticut Avenue,
NW, Washington, DC 20008
85,938.00
It is our understanding that this building houses
various administrative offices that support the
University’s operations. The building is a
central hub providing essential services to
students, faculty, and staff.
Serviced 5 days per week.
UDC Eng. Addition Building
42
4200 Connecticut Avenue,
NW, Washington, DC 20008
78,983.00
It is our understanding that this building
consists of classrooms, laboratories, common
areas, restrooms, etc.
Serviced 6 days per week.
UDC Auditorium Building 46E
4200 Connecticut Avenue,
NW, Washington, DC 20008
40,215.00
It is our understanding that this building is a
venue for various events and performances, a
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 3
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
stage common area, common areas, restrooms,
etc. Serviced 5 days per week.
UDC Auditorium Building
46W
4200 Connecticut Avenue,
NW, Washington, DC 20008
23,040.00
It is our understanding that this building is a
venue for various events and performances, a
stage common area, common areas, restrooms,
etc. Serviced 5 days per week.
E.B. Henderson Sports
Complex 47
4200 Connecticut Avenue,
NW, Washington, DC 20008
93,805.00
It is our understanding that this complex
features sports venues, locker rooms, offices,
common areas, restrooms, and a conference
room.
UDC Law School Building 52
4340 Connecticut Avenue,
NW, Washington, DC 20008
143,560.00
It is our understanding that this building is
exclusive to the School of Law and consists of
classrooms, offices, a library, study rooms,
common areas, and restrooms.
Serviced 6 days per week.
UDC Airport Hangar No. 2
National Airport, Arlington,
VA 22202
12,000.00
It is our understanding that this building
consists of offices/classrooms, a workshop,
and restrooms. Serviced 5 days per week.
UDC Community College -
Lamond Riggs
5171 South Dakota Avenue,
NE, Washington, DC 20008
45,000.00
It is our understanding that this building
consists of classrooms, faculty and staff
offices, computer and nursing labs,
conference/meeting rooms, common areas,
and restrooms. Serviced 6 days per week.
Firebird Farm
12001 Old Baltimore Pike,
Beltsville, MD
It is our understanding that these are 2 two
trailers with restrooms and training rooms.
Serviced 5 days per week.
UDC Student Success Center
Building 70
4225 Connecticut Avenue,
NW, Washington, DC 20008
19,988.00
It is our understanding that this building
consists of a fitness center, cafeteria, academic
areas, offices, common areas, and restrooms.
Serviced 5 days per week.
UDC Academic Building 71
4250 Connecticut Avenue,
NW, Washington, DC 20008
200,000.00
It is our understanding that this building
consists of academic areas, resource centers, a
wellness center, classrooms, offices, an IT
support area, lab technician offices, a
multipurpose room, Dean’s event space,
nursing program administrative office,
common areas, and restrooms.
Serviced 6 days per week.
UDC Workforce Dev. Building
72
3100 Martin Luther King Jr.,
SE, Washington, DC 20008
78,985.00
It is our understanding that this is a 3 -story,
single facility building consisting of offices,
classrooms, laboratories, large hallways,
community and educational function meeting
spaces, common areas, and restrooms.
Serviced 6 days per week.
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 4
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
UDC Health Sciences Bldg 44
4200 Connecticut Avenue,
NW, Washington, DC 20008
110,421.00 It is our understanding that this building is a
prominent facility that serves as the main hub
for University Health Services. It consists of
reception and administrative space;
consultation and exam rooms for appointments
and visits; facilities for medica l consultation
and immunizations; spaces for student
coordination and insurance liaison services;
health services support offices, etc.
Serviced 6 days per week.
1.2 Corrective Action Chart
TPM Group recognizes the importance of maintaining consistent, high -quality janitorial
performance across all University of the District of Columbia (UDC) facilities. Based on our
review of Section C.2.1 and its facility listing, we have developed a corrective action plan tailored
to address potential deficiencies, service gaps, or challenges related to building usage, traffic
volume, and functional needs. The corrective actions outlined below are preventive and proactive,
grounded in industry benchmarks, a nd aligned with the University’s expectations for “green
quality” cleaning. Each action is paired with a responsible lead, target completion time, and
measurable outcome, forming a structured roadmap for immediate and sustained service
improvement. There are three (3) major components for which we expect to implement corrective
action:
Table 2 - Corrective Actions
Area Corrective Action
Floor Care While we understand that the condition of floors is a major component of the
appearance of a building, we would focus on daily maintenance and buffing in
order to get the floors up to the standard of the specifications of the contract
within 6 months of the start of the contract. We would meet with UDC’s CA in
order to review the floor care needs and come to an agreement together to
outline which buildings to focus on first and in which order they should be
addressed. Our floor care team will rotate to perform periodic services ,
including any required carpet shampooing, tile stripping, and refinishing per
the scope of work. An estimate to get through all floor care services is 1 year.
Our roving floor care team would complete approximately 5,000 s.f. per night.
Services include stripping and refinishing of VCT tile, shampooing of carpets,
scrubbing and wet mopping of concrete, and wood floor assessment to
determine exact procedures to follow.
Daily Services The supervisor of each building would focus on their team, ensuring proper
training and completion of the required Scope of Work services each night.
Restrooms Upon starting this contract, we would focus on the restrooms according to the
specifications, as they are an important part of the impression of cleanliness.
Our goal would be to implement corrective action on all restrooms and have
them up to the specifications within 90 days of starting the contract.
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 5
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
Table 3- Corrective Action Chart for Deficiencies
Corrective Action Chart for Deficiencies
Step Action Responsible Party
1 Identify Deficiency
Routine inspection or client notification reveals a deficiency. Any
inspections with a score of 85% or less must be forwarded to our
Project Manager.
QA Manager and
Project Manager
2 Deficiency documented.
Deficiencies found during inspections are documented on the QA
Manager’s report.
QA Manager
3 Deficiency assigned to the Supervisor.
Deficiency is communicated to the Supervisor, and the Supervisor
assigns corrective action to the employee.
QA Manager and
Supervisor
4 Develop a corrective plan of action.
The QA Manager, together with the Supervisor, develops a
corrective plan of action.
QA Manager and
Supervisor
5 Implement a corrective plan of action.
The Supervisor ensures corrective action is carried out and initials
the inspection report to confirm completion. The signed report is
given to the QA Manager and Project Manager.
Supervisor,
Assigned Janitorial
Staff, and Project
Manager
6 Re-inspection of the area.
The a rea of deficiency is reinspected by the QA Manager and
Project Manager to verify that proper corrective action was taken.
If the deficiency is not 100% corrected, the process is repeated until
they are.
QA Manager and
Project Manager
1.3 Ongoing Services Chart
The ongoing janitorial services plan for UDC is designed to align with the functional demands,
square footage, and occupancy patterns of each building identified in Section C. This plan outlines
the daily and periodic services necessary to maintain a clean, safe, and environmentally responsible
campus environment. It specifies the type of services to be performed, service frequency, cleaning
methods and tools to be used, and the quantity and job titles of staff assigned to each facility. TPM
Group has tailored this plan based on industry best practic es, green-cleaning standards, and the
University's performance expectations. By matching service levels with building use and traffic,
we ensure optimal resource allocation, cleanliness, and compliance with quality assurance metrics.
Table 4: Ongoing Services Chart
Building Name Staffing Qty and Job Titles
UDC Eng. Addition Building 32
4200 Connecticut Avenue, NW, Washington, DC 20008
2 General Cleaners
1 Restroom Cleaner
1 Floor person
UDC Business/Student Gov. Building 38
4200 Connecticut Avenue, NW, Washington, DC 20008
3 General Cleaners
2 General Cleaners (Wknd)
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 6
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
1 Restroom Cleaner
1 Restroom Cleaner (Wknd)
2 Floor persons
UDC Administration Building 39
4200 Connecticut Avenue, NW, Washington, DC 20008
2 General Cleaners
1 Restroom Cleaner
2 Floor persons
UDC Eng. Addition Building 42
4200 Connecticut Avenue, NW, Washington, DC 20008
2 General Cleaners
1 Restroom Cleaners
1 Floor person
UDC Auditorium Building 46E
4200 Connecticut Avenue, NW, Washington, DC 20008
1 General Cleaner
1 Restroom Cleaners
UDC Auditorium Building 46W
4200 Connecticut Avenue, NW, Washington, DC 20008
1 General Cleaner
E.B. Henderson Sports Complex 47
4200 Connecticut Avenue, NW, Washington, DC 20008
2 General Cleaners
1 Restroom Cleaner
2 Floor persons
UDC Law School Building 52
4340 Connecticut Avenue, NW, Washington, DC 20008
2 General Cleaners
2 Restroom Cleaners
2 Floor persons
UDC Airport Hanger No. 2
National Airport, Arlington, V A 22202
1 General Cleaner
UDC Community College - Lamond Riggs
5171 South Dakota Avenue, NE, Washington, DC 20008
1 General Cleaner
1 Restroom Cleaner
Firebird Farm
12001 Old Baltimore Pike, Beltsville, MD
1 General Cleaner
UDC Student Success Center Building 70
4225 Connecticut Avenue, NW, Washington, DC 20008
1 General Cleaner
UDC Academic Building 71
4250 Connecticut Avenue, NW, Washington, DC 20008
5 General Cleaners
2 Restroom Cleaners
2 Floor persons
UDC Workforce Dev. Building 72
3100 Martin Luther King Jr., SE, Washington, DC 20008
2 General Cleaner
1 Restroom Cleaners
1 Floor person
UDC Student Center Building 56 (Total Interior & Exterior
Space)
4200 Connecticut Avenue, NW, Washington, DC 20008
2 General Cleaner
1 Restroom Cleaners
1 Floor person
UDC Health Sciences Bldg 44 4200 Connecticut Avenue, NW,
Washington, DC 20008
2 General Cleaners
1 Restroom Cleaner
1 Floorperson
Ongoing Performance Services Chart
This chart shall apply to all services performed under this contract. The frequencies of performance
specified herein shall be considered minimum standards of performance required to perform
acceptable levels of service as per the Statement of Work.
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 7
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
Daily
Weekly
Monthly
Quarterl
y Annuall
y
General Cleaning, Classrooms, Admin Offices, Etc.
a. Wastepaper: Wastebaskets shall be emptied daily. Trash generated
by normal, daily office routine shall be emptied into trash
containers and new bags shall be put in wastebaskets as needed.
X
b. Dusting: All unobstructed furniture, file cabinets, and horizontal
surfaces which can be reached while standing on the floor will be
dusted with a chemically treated cloth. Thorough dusting of
unobstructed surfaces will be accomplished weekly.
X
c. Water Coolers: All water coolers shall be cleaned. X
d. Spot Cleaning: Walls, doors and painted surfaces shall be kept
free from hand prints and smudges which can be removed with a
cloth and neutral cleaner.
X
e. High Dusting: Pipes, ledges, moldings, etc. shall be dusted. Some
very high surfaces may be out of reach of conventional services
above 8 feet.
X
f. Vacuuming: All public areas will be vacuumed daily; private
offices shall be vacuumed daily. All hard-to-get spots, edges and
corners shall be cleaned with the necessary tools a minimum of
once a week.
X X
g. General Cleaning daily services including dusting, emptying
trash/recycling, glass surface cleaning, elevator cleaning,
whiteboard & chalkboard washing, entrance cleaning, drinking
fountain cleaning, vacuuming, mopping, lounge/food areas will
be performed per the Scope of Work. Our team will be properly
trained to follow the description of the services as per the Scope
of Work. Cleaning tools used include but are not limited to:
cleaning cloths, trigger sprayers, dust mops, wet mops, buckets
with wringers or pump up sprayer with one bucket, stainless steel
cleaner and polish, wet floor signs, vacuum cleaners, liners.
Restrooms
a. All doors, kickplates, door frames, walls, light switches, glass
thresholds, and partitions shall be damp wiped with mild, non -
abrasive detergent.
X
b. Towels and toilet tissue dispensers, flushometers, shelves, piping,
tampon machines, toilet hinges and other metal surfaces shall be
cleaned to remove all soil as necessary.
X
c. Glass mirrors and vanity tops will be cleaned, removing all
fingerprints, streaks, smudges and splash marks. X
d. All waste containers will be emptied and damp wiped using
proper odorless disinfectant and germicide cleaner. Each
container shall be relined with proper liner.
X
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 8
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
Daily
Weekly
Monthly
Quarterl
y Annuall
y
e. Toilets and urinals shall be cleaned with proper combination non-
abrasive lavatory cleaner, disinfectant removing all streaks, stains
and deposits. All chrome work shall be cleaned. Both sides of
toilet seats shall be washed and disinfected.
X
f. All toilet tissue, towel, hand soap and toilet seat cover dispensers
shall be refilled. X
g. Restroom Floors: All litter shall be removed. Floors will be wet
mopped with proper cleaner and disinfectant. Shall include
underneath sinks, toilets, and urinals.
X
h. Partitions shall be washed to remove streaks, stains and smudges
with proper non -abrasive lavatory cleaner. Graffiti shall be
removed where possible.
X
i. All baseboards shall be damp wiped. X
j. Ventilating diffusers and light lenses within reach shall be dusted.
X
k. Restroom daily cleaning services including supply
replenishment; clean and disinfect counters, basins, toilets,
partitions, urinals, light switches, mirrors, doorknobs, floors;
empty and sanitize waste cans and receptacles will be performed
per the Scope o f Work. Our team will be properly trained to
follow the description of services as per the Scope of Work.
Cleaning tools used include but are not limited to: cleaning cloths,
trigger spray bottles, wet mop and handles, buckets with wringers
or 1 bucket and pump up sprayer, broom and dust pan, liners for
waste receptacles, bowl swab, clean bucket for rinse water, wet
floor signs, gloves, goggles.
Floor Maintenance
a. Dust Mopping Floors: Non -carpet floors shall be dust mopped
with a treated yarn dust mop daily with special attention being
given to areas under desks and furniture to prevent the
accumulation of dust and dirt.
X
b. Wet Mopping: All hard surface floors shall be damp mopped
when dirt cannot be swept or dusted, and spots shall be removed
daily. Thorough wet mopping will be performed 2 times per
week.
X
c. Floor Refinishing and Buffing: All building standard resilient
floors shall be refinished with Underwriters Laboratory approved
floor finish materials. The frequency of the refinishing shall be
determined by the amount of wear caused by weather, traffic and
other conditions. The floors and traffic areas shall be treated so as
to maintain a uniform appearance throughout the buildings.
X
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 9
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
Daily
Weekly
Monthly
Quarterl
y Annuall
y
d. Stripping, Machine Scrubbing and Refinishing: This operation
shall be accomplished depending on the need to remove dirt -
embedded finishes, stains, spillage and buildup.
X
e. We have a team of floor care technicians trained in the various
floor care services required by this contract. Carpeted floors,
concrete floors, VCT tile floors, and wood floors will all be
cleaned per the Scope of Work and in compliance with
manufacturer’s recommendations. Cleaning tools used include,
but are not limited to: Mop heads with handles, buckets with
wringers, brooms and dust pans, floor machines, stripping pads,
wet/dry vacuums, floor squeegees, stand up scrubber, wet floors
signs, gloves, gogg les, protective footwear, high speed floor
machines, white pads, trigger spray bottles, dust mops, walk off
mats, exterior broom, vacuum cleaners, extraction machines,
carpet spotter, vacuum bags, hand scrub brush and bucket,
protective pads for furniture legs, putty knife.
Stairways and Elevators
a. Stairways and Landings: All stairwells and landings shall be
swept or dust mopped daily and/or vacuumed. X
b. Railings, ledges and equipment shall be damp wiped. X
c. Stairways will be fully damp mopped. X
d. Elevators: The interior surfaces, door exteriors and fixtures for
the elevators and the elevator lobby doors shall be dusted and
damp wiped.
X
e. All carpets will be vacuumed nightly and spot cleaned as needed. X
f. All hard surface floors will be dust mopped and damp mopped
daily. X
Lounge/Kitchen Cleaning
a. Sweep and mop the floor, move work stations and chairs to mop
underneath. X
b. Disinfect and clean all door handles. X
c. Disinfect and clean sinks. X
d. Empty trash bins and replace liners. X
Janitorial Closets
a. Leave area clean and organized. X
b. Sweep and mop floors. X
c. Clean janitor sinks. X
d. Keep equipment clean and operable. X
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 10
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
1.4 Measurable Performance Standards Chart
To ensure consistent, high-quality janitorial performance aligned with the University of the District
of Columbia’s expectations, TPM Group applies a standardized framework of measurable
performance standards across all services. Each service is evaluated using four rating levels, such
as Excellent, Good, Satisfactory, and Unsatisfactory , based on observable criteria such as
cleanliness, completion, response time, and adherence to safety and sustainability protocols. The
following chart defines how each lev el is applied to everyday janitorial tasks, providing the
University with transparent, auditable benchmarks for quality assurance.
Excellent = All services exceed the requirements of the scope of work.
Good = All services meet the requirements of the scope of work.
Unsatisfactory = Services do not meet the requirements of the scope of work.
Table 5 - Measurable Performance Standards
Service Measurable Performance Examples
Restrooms Excellent Fixtures, countertops, basins, toilets, partitions ,
mirrors, doorknobs, stainless steel, and showers are
all free of smudges, water spots, and dirt. Supplies
are all fully stocked. All waste receptacles are
emptied, cleaned, and lined.
Good Fixtures, countertops, basins, toilets, partitions ,
mirrors, doorknobs, stainless steel, and showers are
all clean. Supplies are all sufficiently stocked. Waste
receptacles are emptied, cleaned, and lined.
Unsatisfactory Fixtures, countertops, basins, toilets, partitions
mirrors, doorknobs, stainless steel , and showers
have smudges, water spots, and/or dirt. Supplies are
in need of restocking. Waste receptacles are full and
in need of emptying.
Floor Care Excellent Floors are serviced and mopped, and appear in
higher-than-average condition.
Good Floors are serviced and mopped, and appear in good
condition.
Unsatisfactory Floors do not appear to be mopped and are in poor
condition.
Daily Lecture
Halls/Classrooms
Excellent The Whiteboards and chalkboards are washed and
cleaned with clean chalk trays. The Furniture is all
realigned in the original order, with chairs facing the
proper direction. The d esks are free of dust. The
floors are swept and mopped and appear in excellent
condition.
Good The Whiteboards and chalkboards are clean. Most
furniture is all realigned in its original order. The
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 11
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
desks appear to be clean. The floors are swept and
mopped, and they appear to be in good condition.
Unsatisfactory Classrooms and lecture halls do not appear to be
serviced, dusted, floor care , and are in poor
condition.
Offices Excellent The offices are dusted, and desk and glass surfaces
are clean without smudges. The carpets are clean
and free of spots/stains. Floors requiring finish are
high-luster and free of all marks.
Good Offices are dusted, desk surfaces and glass surfaces
are clean. Carpets are clean. Floors requiring finish
clean.
Unsatisfactory Offices are in need of dusting, desk surfaces and
glass surfaces appear to have smudges and in need
of cleaning. Carpets do not appear to be clean and
are in poor condition. Floors requiring finish do not
appear to be clean and are in poor condition.
Entrances, Corridors
& Lobby Areas
Excellent Lobby appears to be serviced and free of litter, gum,
dirt, dust, and debris. Mats are vacuumed and spot
cleaned with no soil or moisture underneath. Glass
appears clean and smudge-free. Corridors are free of
litter, dirt, debris, boxes, etc., and show no signs of
liquid spillage or stains.
Good The lobby appears to be serviced and clean. The
mats are vacuumed and spot -cleaned, and the glass
appears clean and smudge -free. The corridors are
free of litter, dirt, debris, boxes, etc.
Unsatisfactory Lobby appears to be in need of service. Mats are in
need of vacuuming. Glass has smudges. Corridors
are in need of vacuuming and the removal of items.
Drinking
Fountains/Hydration
Stations
Excellent Fountains/Stations cleaned, polished, and sanitized.
Surfaces are free of all watermarks, debris,
encrustation, streaks, stains, etc.
Good Fountains/Stations cleaned, polished, and sanitized.
Surfaces are free of most watermarks, debris,
encrustation, streaks, stains, etc.
Unsatisfactory Fountains/Stations do not appear to be serviced and
have watermarks, debris, streaks, encrustations,
and/or stains.
Trash and
Recyclables
Excellent Trash has been collected and emptied with no
overflow. Dumpster sites are clean and orderly.
Recycling is not comingled.
Good Trash has been collected and emptied. Dumpster
sites are clean and orderly. Recycling is not
comingled.
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 12
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Unsatisfactory The trash has not all been collected and has some
overflow. Dumpster sites have trash blowing on the
ground. Trash containers need cleaning. Recycling
is comingled.
Elevators Excellent Elevators are serviced and mopped, sils and cabin
panels are clean. The elevator appears in higher-
than-average condition.
Good Elevators are serviced, mopped, and cleaned.
Elevator appears in good condition.
Unsatisfactory Elevators do not appear to be serviced and are in
poor condition.
Lounges/Food
Eating Areas
Excellent Lounges/Food Areas are serviced and disinfected.
Floors, surfaces, counters, equipment, door knobs,
tables and chairs, drains, microwaves, etc. , are
cleaned, free of food and debris, and in above -
average condition. Trash is emptied.
Good Lounges/Food Areas are serviced and disinfected.
Floors, surfaces, counters, equipment, door knobs,
tables & chairs, drains, microwaves, etc. are
cleaned, free of food and debris, and in good
condition. Trash is emptied.
Unsatisfactory Lounges/Food Areas appear to need service. The
floors, surfaces, counters, equipment, door knobs,
tables and chairs, drains, microwaves, etc., are dirty,
have food and debris, and are in poor condition. The
trash needs to be emptied.
Plaza Deck,
Amphitheater, and
Outdoor Fountains
Excellent Areas appear to be serviced. The plaza deck is free
of loose debris. The fountains are screened and free
of loose trash. The trash receptacles are empty. The
amphitheaters are free of trash and debris. All trash
has been emptied, and the areas appear to be in
above-average condition.
Good The areas appear to be serviced. The plaza deck is
free of most loose debris. The fountains are screened
and free of most loose trash. The trash receptacles
have been emptied. The amphitheaters are free of
most trash and debris. The areas appear to be in good
condition.
Unsatisfactory Areas need service. The plaza deck and fountains
have loose debris and/or trash. The amphitheaters
have trash and debris. The trash is overflowing and
needs to be emptied. The areas are in poor condition.
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 13
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
1.5 Deduction of Payment Schedule
TPM Group Teamed with Bolana Capitol Enterprises Deficiency Price Reduction Schedule Based
on Performance Standards.
All of the services to be rendered under this contract are subject to UDC inspection, both during
and after completion of the tasks. UDC inspections are not a substitute for Quality Control by TPM
Group. It is the responsibility of TPM Group’s leadership t o ensure we satisfactorily perform the
services specified herein. Consequences of non -performance of required service: TPM
Group’s lack to perform under the terms and frequencies specified herein may result in a reduction
in the monthly payment to TPM Grou p. The types of reductions described below may, at UDC’s
option, be imposed after notification to TPM Group of any deficiencies and failure to provide
remedies. TPM Management shall be required to ensure , as requested , to correct the noted
deficiencies. The deficiencies of such a nature as to warrant immediate correction or the use and
enjoyment of the Facility will be negatively affected. Deficiencies may include gross in nature,
like an entire bathroom not being cleaned, but can also be relatively minor if they adversely affect
the students and faculty. For example, a bathroom had no hand towels. Should TPM Group fail to
respond as required to make corrections, UDC may deduct a portion of the payment due to TPM
Group equal to the amount as described below.
Performance Deficiency Deductions
In accordance with what has been stated above, the following is a detailed listing of our suggested
deductions authorized per instance for deficiencies and non -performance by TPM Group with
respect to the required janitorial services to be provided to all UDC buildings listed in the RFP.
Table 6 - Performance Deficiency Deductions
Infraction Amount of Proposed Reduction
Failure of TPM employees to be properly attired in the
company uniform.
$30.00
Failure to utilize approved Green Seal cleaning products. $45.00
Failure to properly store cleaning products/devices upon
completion of the cleaning cycle.
$25.00
General Duties – Missed Daily Service to a specific area. $65.00
General Duties – Missed Daily Service to a specific
restroom.
$80.00
General Duties – Missed Daily Service to a specific
classroom or conference room.
$60.00
General Duties – Missed Daily Service to a specific office,
faculty, or break room.
$45.00
Failure to provide backup employees for the required 5 5-
day porters reporting to CA each day.
$150.00
Failure to notify UDC of a change in employees $25.00
Failure to perform scheduled service – no service provided
to the entire building location during a scheduled service
day.
$100.00
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 14
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
While we have proposed this deduction schedule, we hope that we would be able to work with the
CA and possibly make up or supply another service so that deductions would not be warranted.
1.6 Response Time to Correction of Reports
TPM Group strives to provide continuous outstanding service and deficiency prevention over
deficiency detection. In addition to measuring quality assurance, we routinely poll our customers
and measure their satisfaction. In the event of a report of unsatisfactory performance, our response
time goals for correction are:
Emergency Deficiencies (example: safety hazards such as wet floors, etc.)
Response time is immediate, within 1 hour upon notification, and staff must respond and initiate
correction.
High Priority but Non -Emergency Deficiencies (example: common area spills, trash, low
restroom supplies)
Response time is within 2 hours and corrected in order to avoid disruption.
Routine Deficiencies (example: trash requests, vacuuming requests, smudges on glass)
Response time is within 3 hours and corrected by the next day or before the next shift.
1.7 Management Approach for CLIN 0001 and CLIN 0002
TPM Group’s management methodology for CLIN 0001 and CLIN 0002 is firmly rooted in the
Project Management Institute’s PMBOK® framework, guiding each stage of our work from the
initial chartering and planning activities through execution, monitoring , and controlling, and
ultimately contract closeout with precision and transparency. At the center of our oversight
structure, the Program Manager orchestrates cross -functional coordination, ensuring that
standardized cleaning protocols across the Van Ness campus and specialized, LEED -compliant
practices in the New Student Center operate in concert. Working in collaboration with our
dedicated Quality Assurance Manager, who is charged with real -time performance validation,
safety compliance, and the continuous measurement of client satisfaction, TPM ensures that every
cleaning assignment is planned, executed, and reviewed agai nst rigorous benchmarks. Our
collaborative leadership model guarantees that daily operations align with both the broad
contractual requirements of CLIN 0001 and the stringent green-cleaning objectives of CLIN 0002,
while delivering consistent, data-driven improvements over the life of the contract. Figure 1 below
illustrates the process outlined in our management plan.
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Figure 1- Our Management Plan
a. Project Initiation and Planning
TPM Group will immediately initiate a structured
transition process in collaboration with UDC’s
Contracting Officer (CO) and Contracting
Officer’s Representative (COR). Our process
begins with a formal kick-off meeting to finalize a
unified Project Charter that captures the full
breadth of CLIN 0001’s campus -wide janitorial
requirements and the specialized, LEED -driven
green-cleaning objectives of CLIN 0002. Within
thirty days of th e Notice to Proceed, TPM will
deliver an integrated suite of foundational
documents: a Comprehensive Management Plan
that details our work breakdown structure, resource
allocations, risk register, and stakeholder
communication protocols; a rigorous Quality
Control Plan (QCP) mapping daily, weekly, and
semi-annual cleaning cycles for traditional
academic and administrative buildings alongside
TPM Group differentiators:
• Structured, Collaborative Transition
Process.
• Tailored Approach to Dual CLIN
Requirements.
• Use of work breakdown structure.
• Use of Risk register.
• Integration of standard cleaning
cycles (daily, weekly, semi-annual)
with LEED Platinum environmental
quality requirements.
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Janitorial Services
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advanced Platinum LEED indoor environmental quality measures for the New Student Center; and
a bespoke Quality Assurance Surveillance Plan (QASP) that defines surveillance activities,
performance metrics, and escalation processes. The QCP will establish cl ear performance
thresholds such as minimum cleaning frequencies, acceptable appearance levels, and sustainability
targets supported by digital inspection checklists, corrective -action workflows, and key
performance indicators for scope, schedule, cost, and green-cleaning compliance. TPM ensures
that every aspect of service delivery is aligned with UDC’s standards, underpinned by transparent
governance, and poised for continuous, data-driven improvement by embedding these documents
in our planning phase.
b. Supervisory Structure and Field Oversight
TPM Group has established a strong,
layered supervisory structure to ensure
comprehensive coverage, consistent
service delivery, and contract
compliance across both CLIN 0001
(standard janitorial services) and CLIN
0002 (LEED-compliant green cleaning
of the New Stu dent Center). Each
major building cluster under CLIN
0001 is assigned a dedicated Site
Supervisor, while the New Student
Center under CLIN 0002 benefits from
a Supervisor/Onsite Lead with
specialized expertise in high -
performance, sustainable cleaning. Both supervisory roles are staffed by professionals with LEED
certification, ensuring alignment with UDC’s sustainability standards and environmental goals.
Our supervisors will serve as the contractor’s authoritative presence on-site, overseeing all aspects
of daily operations, including staff deployment, cleaning quality, safety compliance, and adherence
to the Quality Control Plan (QCP). Each shift begins with a pre-shift briefing led by the supervisor,
covering service priorities, inspection findings, hazard awareness, and any special requests issued
by UDC stakeholders. Supervisors also conduct mid- and post-shift walk-throughs, verify that key
performance indicators (KPIs) are being met, and document results in our centralized inspection
system. All Site Supervisors report directly to the Project Manager, who functions as the single
point of contact between TPM Group and the University. The Project Manager consolidates
operational data from all supervisors, integrates reporting from both traditional and green-cleaning
tracks, and maintains real -time communication with the Contracting Officer’s Representative
(COR) to ensure that service expectations are met or exceeded at all times.
To maintain continuity and oversight during planned absences, staff shortages, or periods of
heightened activity, TPM deploys a rotating team of Roving Area Supervisors. These individuals
are cross -trained across all facility types , academic, administrative, event, and specialized
environments. They are responsible for performing unannounced quality audits, validating
compliance with LEED standards in the Student Center, and addressing immediate issues as they
arise. Floating Supervisors also serve as relie f supervisors, ensuring uninterrupted coverage and
operational flexibility.
TPM Group differentiators:
• Dual-Track Supervision Tailored to CLIN
0001 and CLIN 0002.
• LEED Certified, On-Site Authority
Presence.
• Structured Shift Oversight Model.
• Centralized Command and Communication.
• Roving Area Supervisors for Coverage,
Flexibility, and Quality Audits.
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Our multi-tiered oversight framework , combining static site supervision with mobile inspection
and centralized command, ensures that TPM’s performance remains accountable, transparent, and
responsive across all service areas. Whether through routine janitorial care or high-standard green
cleaning, our supervisory structure reinforces a culture of continuous improvement, real -time
responsiveness, and rigorous adherence to UDC’s performance and environmental benchmarks.
c. Quality and Compliance Monitoring
TPM Group maintains a strong, structured
quality and compliance monitoring framework
to ensure that all janitorial services delivered
to UDC meet the highest standards of
cleanliness, health, and contract compliance.
Our system is built on the consistent use of
inspection checklists, corrective action logs,
and routine documentation reviews, allowing
for practical oversight, accountability, and
performance transparency.
To support the day -to-day monitoring of
service delivery under CLIN 0001 (standard
janitorial services) and CLIN 0002 (LEED -
based green cleaning at the New Student
Center), TPM utilizes site -specific, inspection checklists tailored to each building’s functional
needs and service level requirements. Site Supervisors fill out these checklists during scheduled
and unscheduled inspections, and cover key categories such as:
• Restroom sanitation
• Floor care and surface cleanliness
• Trash removal and odor control
• High-touch surface disinfection
• LEED-compliant cleaning practices (for CLIN 0002)
• General appearance and orderliness
Each item on the checklist is rated using a clear and simple scale : Excellent, Good, Satisfactory,
or Unsatisfactory, to ensure consistency in evaluation, to help supervisors quickly identify service
gaps and prioritize follow-up. For buildings under CLIN 0002, special checklist sections document
adherence to LEED Indoor Environmental Quality (IEQ) practices, such as microfiber usage, low-
toxicity chemical application, and reduced dust protocols.
When deficiencies or missed tasks are noted, they are recorded in a Corrective Action Log, a bound
ledger maintained by each Site Supervisor. This log captures the date, location, nature of the issue,
assigned personnel for correction, and confirmation of resolution. Supervisors initial the entry once
the issue has been addressed, and the Project Manager reviews the logs weekly to ensure all items
have been closed out in a timely and acceptable manner. All completed checklists and corrective
logs are collected and stored in an on-site quality binder, which is available at any time for review
TPM Group differentiators:
• Dual-Track Quality Monitoring for
CLIN 0001 and CLIN 0002.
• Detailed and Standardized Evaluation
Tools.
• LEED-Specific Compliance Tracking.
• Corrective Action Log System.
• On-Site Quality Binder for Real-Time
Review.
• Delivery of Level 2 Cleaning Standards
or Higher.
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Janitorial Services
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by UDC’s Contracting Officer’s Representative (COR) or other designated officials. Our binder
also contains monthly summaries, inspection reports, training attendance sheets, and safety
inspection forms, providing a physical and organized record of all quality assurance activities.
To ensure regular communication with the University, TPM’s Project Manager will conduct
monthly quality review meetings with the COR. These meetings include reviewing the latest
checklists and logs, discussing trends or recurring service issues, and planning for upcoming
facility needs, special events, or staff adjustments. The Quality Assurance Manager will also attend
these meetings to discuss systemic observations and propose improvements or retraining where
necessary. In addition to routine checks, Roving Area Supervisors conduct surprise inspections
using the same paper checklists to provide an independent layer of oversight. These supervisors
rotate between buildings and report any observations back to the Project Manager for discussion
and resolution with site teams.
Our quality assurance system enables us to deliver a reliable, visible, and audit -ready record of
performance. It supports our ability to maintain cleaning Level 2 standards or higher across all
UDC properties. It ensures that both routine janitorial tasks and LEED -compliant services are
executed to contract specifications.
d. Communication and Escalation
Effective communication is foundational to TPM Group’s ability to maintain seamless service
delivery, ensure responsiveness to evolving University needs, and uphold rigorous performance
standards across all properties under CLIN 0001 and CLIN 0002. Our structured communication
and escalation framework is purpose-built to ensure clarity, accountability, and swift resolution of
service-related matters, thereby reducing operational risk and strengthening our relationship with
UDC.
At the core of TPM’s daily operational
rhythm is a system of structured, in -
person communication touchpoints,
beginning with pre -shift huddles led by
Site Supervisors. These huddles serve as
critical coordination sessions to assign
daily work zones, review any special
requests or facility -specific instructions,
address safety protocols, and ensure all
staff are fully briefed before deployment.
This daily engagement reinforces team
alignment and allows supervisors to
immediately adapt schedules or resources based on urgent University needs, staffing fluctuations,
or changing site conditions. In addition to daily briefings, weekly written status reports are
compiled by Site Supervisors and submitted to the University’s Contracting Officer’s
Representative (COR). These reports provide a concise, factual overview of completed tasks,
inspection ou tcomes, outstanding service requests, staffing notes, equipment usage, and any
incidents or deviations from schedule. When needed, these reports are supplemented by dire ct
verbal briefings or meetings, ensuring UDC personnel always have a clear view of operational
TPM Group differentiators:
• Purpose-Built, Multi-Layered
Communication Framework.
• Daily Pre-Shift Huddles with Site
Supervisors.
• Weekly Written Status Reports to COR.
• Real-Time Incident Reporting Protocol.
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
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status and performance metrics. This consistent and transparent flow of information supports
continuous situational awareness and provides the foundation for joint decision-making.
For incident response, TPM has instituted a real-time incident reporting protocol designed to flag
and escalate urgent or non-routine matters, such as biohazard spills, missed service zones, security
access issues, or equipment failure, that require immediate attention. These incidents are recorded
manually in site -specific incident logs and escalated through a defined command hierarchy to
ensure a timely and appropriate response.
Our escalation structure is clearly delineated and followed across all service sites:
• Level 1 - Site Supervisor: Acts as the first responder for all day -to-day issues, staff
oversight, and minor corrective actions. They are authorized to make decisions in the field
and resolve routine operational matters on the spot.
• Level 2- Roving Area Supervisor: Provides supervisory support across buildings and serves
as a second-level resource when Site Supervisors require reinforcement, especially during
staff shortages, complex issues, or unresolved service discrepancies.
• Level 3 - Project Manager: Serves as the primary liaison between TPM Group and the
University. The Project Manager is responsible for interpreting patterns of concern,
implementing systemic improvements, coordinating resources across multiple buildings,
and addressing service-related concerns that require broader operational changes.
Our escalation structure ensures each issue is addressed at the appropriate level of authority, with
no delays in communication or response. It reinforces operational resilience, supports consistent
service levels, and empowers TPM personnel to act decisively within their roles.
Moreover, TPM holds monthly coordination meetings with the COR and other relevant
stakeholders to review escalations, validate responses, and evaluate whether additional training,
staffing adjustments, or procedural updates are needed. These meetings also review recurring
service trends, client feedback, and forward-looking priorities, allowing TPM and UDC to remain
agile and aligned.
Through our layered and proactive communication approach built on face -to-face engagement,
written reporting, incident tracking, and defined escalation pathways, TPM Group ensures that the
University is never left uncertain about who is responsible, how quickly an issue will be addressed,
or what actions are being taken to maintain operational excellence. Our framework enhances
transparency and strengthens trust and accountability in TPM’s partnership with UDC.
e. Staffing and Training
TPM Group is deeply committed to a high-performing, dependable, and safety-conscious janitorial
workforce to support UDC across both CLIN 0001 and CLIN 0002. We recognize that our staff
are the backbone of service delivery, and our staffing and training framework is designed to ensure
that every member of our team is fully prepared to meet UDC’s operational demands, safety
requirements, and high-performance expectations.
Our staffing model begins with a rigorous recruitment and screening process that ensures all
personnel, whether assigned to general cleaning duties under CLIN 0001 or green -certified
cleaning operations at the New Student Center under CLIN 0002, possess the appropriate
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background, physical capabilities, and work
ethic to operate in a professional university
environment. All employees undergo
background checks, drug screenings, and
physical assessments to ensure compliance
with UDC’s personnel standards, including
the ability to lift up to 50 pounds and adhere
to prescribed safety protocols.
Once selected, each janitorial staff member
participates in comprehensive, role -specific
training before assignment to any site.
Training is developed and delivered by
TPM’s quality assurance and training leads,
and it addresses both foundational cleaning
skills and advanced requirements relevant to the specific building type and scope of work. Topics
include:
• LEED-Compliant Green Cleaning Practices: Employees are trained to use Green Seal -
certified products, microfiber mopping systems, HEPA -filtered equipment, and
environmentally safe cleaning agents that align with LEED Indoor Environmental Quality
(IEQ) credits. These practices are mandatory for CLIN 0002 and are increasingly adopted
across CLIN 0001 buildings to support UDC’s sustainability goals.
• PPE Use and Safety Compliance: Personnel receive in -depth instruction on OSHA -
mandated Personal Protective Equipment (PPE), including proper selection, use,
maintenance, and disposal of gloves, masks, eye protection, and ergonomic supports such
as back bra ces and knee pads. Staff are also trained in basic first aid awareness and
emergency preparedness procedures.
• Chemical Handling and GHS Standards: All employees are educated on proper storage,
dilution, and usage of cleaning chemicals per Globally Harmonized System (GHS)
guidelines. Training includes reading and interpreting Safety Data Sheets (SDS), using
closed-loop dispensing systems, and responding to accidental spills.
• Customer Service and Campus Protocols: Given that UDC’s environment includes active
engagement with students, faculty, and administrators, janitorial personnel are also trained
in professional conduct, verbal communication, discretion, and courteous respon se to
service inquiries. This ensures that all TPM staff contribute to a positive campus
atmosphere while maintaining productivity.
Our training program combines classroom instruction, practical demonstrations, site
walkthroughs, shadowing sessions, and on -the-job performance validation. All training sessions
are documented, and each employee’s training record is maintained in their personnel file. Periodic
refresher courses are scheduled to reinforce best practices and incorporate new regulations or
technologies. To ensure complete coverage across UDC’s distributed and diverse facilities, TPM
maintains a real-time staffing roster system that is organized by building and shift. These rosters
are reviewed daily by Site Supervisors to validate coverage in all high -traffic zones such as
TPM Group differentiators:
• Tailored Staffing Model per CLINs.
• Comprehensive Pre-Employment
Screening.
• Specialized, Role-Specific Training
Framework.
• Performance Monitoring and Career
Advancement.
• Staggered Shift Planning for Continuity.
University of the District of Columbia
Janitorial Services
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restrooms, laboratories, classrooms, auditoriums, and student spaces. We strategically deploy our
workforce across staggered shifts , including early morning, mid -day, evening, and weekend
coverage, to guarantee uninterrupted service during both standard hours and after-hours events.
TPM also maintains a trained reserve pool of floating and on-call relief staff. These employees are
cross-trained across all facility types, enabling rapid deployment in the event of staff absences,
surge requirements, or last -minute requests. Floaters are integrated seamlessly into daily
operations to prevent service interruptions and uphold the consistent delivery of contract
requirements. Our staffing and training approach is closely monitored by TPM’s Project Manager
and Quality Assurance Manager, who c ollaborate to evaluate staff performance through regular
observations, supervisor feedback, and audit results. Employees who demonstrate exceptional
competence and initiative are offered opportunities for advancement into lead or supervisory roles,
reinforcing retention and morale while rewarding excellence.
In sum, TPM Group ’s staffing and training framework is designed to meet the immediate
requirements of the UDC janitorial contract and to elevate service delivery through continuous
development, accountability, and readiness. By investing in our staff and building a responsive,
flexible workforce, TPM ensures that UDC receives consistent, high-quality service that supports
both its academic mission and sustainability vision.
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Janitorial Services
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Organizational Chart
Figure 2 below illustrates our organizational structure for delivering Janitorial Services to UDC.
Figure 2 - Our Organizational Chart for UDC's Janitorial Services
TPM Group’s management approach is purpose -built to deliver reliable, high -quality janitorial
services that meet and exceed UDC's expectations. Our methodology is grounded in the proven
principles of the Project Management Institute’s PMBOK® framework, ensuring that every aspect
of service delivery, from initiation through closeout, is governed by structure, transparency, and
accountability.
At the core of our strategy is a commitment to proactive planning, precision in execution, and
continuous improvement. We begin by establishing clear operational baselines and deliverables
through a comprehensive Project Charter, Management Plan, Quality C ontrol Plan (QCP), and
Quality Assurance Surveillance Plan (QASP). These documents, developed in close coordination
with UDC stakeholders, lay the foundation for performance expectations, inspection protocols,
escalation procedures, and corrective action workflows.
Our supervisory structure is designed to provide consistent leadership and direct oversight across
all campus facilities. Site Supervisors, assigned to logical building clusters, manage daily
operations, verify service delivery, and ensure adherence to the QCP. For CLIN 0002, which
includes the LEED Platinum -certified New Student Center, a dedicated Supervisor/Onsite Lead
University of the District of Columbia
Janitorial Services
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with LEED credentials ensures specialized green -cleaning standards are upheld. Floating Area
Supervisors provide cross -campus quality assurance support, conduct unannounced audits, and
reinforce operational continuity during staff absences or peak periods.
TPM’s commitment to quality assurance is reinforced through routine inspections, simplified
checklists, and manual logs that are reviewed daily by supervisors and weekly by management.
Our quality monitoring does not rely on digital platforms alone but emp hasizes hands -on
documentation, physical walkthroughs, and in -person performance reviews to ensure
thoroughness and accountability. Non -conformances are recorded and addressed immediately
through our corrective action process, and performance trends are re viewed in monthly meetings
with UDC to validate service effectiveness and identify opportunities for improvement.
Communication is a critical pillar of our success. TPM fosters open, two -way communication at
all levels from frontline janitorial staff to executive leadership. Daily pre -shift briefings, weekly
status reports, and structured incident escalation ensure that issues are surfaced and resolved
quickly. Our escalation framework ensures that the right personnel ar e engaged at the right time,
preserving service continuity while maintaining transparency with UDC stakeholders.
Our staffing and training model emphasizes competency, consistency, and coverage. All staff
undergo thorough pre -deployment training, including modules on OSHA safety compliance,
LEED-compliant cleaning practices, chemical handling (GHS), and professional conduct. Staff are
assigned to specific zones on staggered shifts to ensure 24/7 coverage when needed. Floaters and
on-call personnel are maintained as a ready reserve to mitigate absenteeism and unplanned
demand. TPM also prioritizes employee retention th rough performance recognition and
opportunities for advancement, ensuring a motivated and experienced team is always in place.
By aligning people, process, and oversight with the University’s operational and sustainability
goals, TPM Group ensures each facility is maintained at a consistently high standard of cleanliness,
safety, and environmental stewardship. Our approach is not only compliant, it is adaptable,
resilient, and centered on long -term partnership. With clearly defined roles, repeatable systems,
and responsive communication, we are confident in our ability to deliver dependable janitorial
services that support UDC’s mission while building a relationship rooted in performance, integrity,
and trust.
1.7.1 Quality Control for CLIN 0001 and CLIN 0002
TPM Group’s Quality Control Plan (QCP) is the cornerstone of our commitment to delivering
consistently high -quality janitorial services across all University of the District of Columbia
(UDC) facilities, encompassing both CLIN 0001 (comprehensive campus -wide cleani ng) and
CLIN 0002 (LEED-compliant services at the New Student Center). Developed in alignment with
industry best practices, contractual requirements, and UDC’s specific cleanliness and
environmental goals, our QCP provides a structured, measurable, and pro active framework to
manage service delivery, enforce accountability, and drive ongoing performance improvement.
Our QCP is a dynamic and living document continuously reviewed and refined to reflect evolving
conditions such as changes in scope, updated performance standards, newly constructed or
reconfigured spaces, feedback from UDC stakeholders, and regulatory updates. It encompasses
clearly defined quali ty benchmarks, task frequencies, inspection procedures, corrective action
protocols, and reporting requirements tailored to the specific characteristics of both CLINs.
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Central to the successful execution of the QCP is TPM Group ’s dedicated Quality Assurance
Manager (QA Manager). This individual plays a mission -critical role in overseeing the
implementation of all quality-related functions across both standard and LEED-certified facilities.
The QA Manager leads all scheduled insp ections, ensures service delivery aligns with the SOW,
verifies adherence to safety and sustainability protocols, and maintains thorough records of
inspections and corrective actions. They serve as the central authority for performance analysis
and are the key liaison with the UDC Contracting Officer’s Representative (COR) and Contract
Administrator (CA) on all quality -related matters. Figure 2 below illustrates the process outlined
in our management plan.
Figure 3 - Quality Control Plan
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Janitorial Services
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a. Inspection and Evaluation Strategy
TPM Group employs a structured, facility-specific inspection and evaluation strategy that ensures
full compliance with UDC performance requirements for both CLIN 0001 (standard janitorial
services across academic, administrative, and support buildings) and CLIN 0002 (LEED Platinum-
certified cleaning for the New Student Center). Our approach emphasizes manual, detail-oriented
inspections using paper-based checklists to maintain consistency, accountability, and transparency
across all facilities.
For CLIN 0001, TPM assigns trained
Site Supervisors to each logical cluster
of buildings. These supervisors
conduct routine evaluations using
printed quality assurance checklists
tailored to each building’s function and
usage. The checklists contain
designated fields to rate performance in
core cleaning categories —such as
restroom sanitation, floor care, waste
removal, surface disinfection, and
general appearance using a
standardized scoring scale of Excellent,
Good, Satisfactory, or Unsatisfactory.
Each c hecklist is specific to the
building’s environment and usage
type—for example, classroom
buildings prioritize dust control and desk sanitation; laboratories require attention to contamination
risks and chemical residue; administrative offices focus on appearance, trash removal, and surface
cleaning.
For CLIN 0002, TPM deploys a dedicated Supervisor/Onsite Lead with active LEED credentials,
specifically trained in sustainable cleaning protocols and Indoor Environmental Quality (IEQ)
performance standards. Our Supervisor/Onsite Lead will conduct daily audits of the New Student
Center using a specialized inspection checklist that aligns with LEED Platinum requirements.
These checklists emphasize low -emitting product usage, microfiber dust control systems, green -
certified chemical storage practices , non-toxic floor care, and indoor air quality standards. The
inspections also include environmental checks such as odor monitoring, filter cleanliness (if
applicable to janitorial scope), and the overall sustainability of materials and methods in use.
Inspection Frequencies
• High-traffic academic buildings (CLIN 0001):
Inspected daily by Site Supervisors with focus areas including restrooms, entryways,
elevators, classrooms, and corridors to ensure a consistently clean and welcoming
environment.
• Administrative and moderate-use areas (CLIN 0001):
Inspected weekly using a rotating zone coverage approach that allows full building
evaluation over time, while prioritizing key public-facing and high-traffic spaces.
TPM Group differentiators:
• Facility-Specific Inspection Approach by
CLIN.
• Manual, Checklist-Based System for
Accountability.
• Tailored Checklists by Building Function.
• LEED-Centric Audit Strategy for CLIN
0002.
• Differentiated Inspection Frequency by
Facility Type.
• Centralized Oversight via QA Manager.
• Performance History & Trend Monitoring.
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Janitorial Services
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• Specialty-use buildings such as labs and STEM facilities (CLIN 0001):
Inspected weekly with a heightened emphasis on sanitation, chemical safety, floor integrity,
and contamination prevention to align with the unique sensitivity of these environments.
• Remote and lower-occupancy sites (e.g., Airport Hangar, Building 72):
Inspected bi-weekly by an Area Supervisor, who conducts full -site walkthroughs and
completes checklist-based assessments that address the full scope of janitorial service tasks
for those facilities.
• New Student Center (CLIN 0002):
Inspected daily through rigorous green-cleaning audits. Each inspection assesses chemical
selection and usage, storage of environmentally friendly products, microfiber mop rotation
schedules, HEPA filtration (if applicable), and odor or allergen sources. This ensures
continued compliance with LEED Platinum Indoor Environmental Quality credits.
Documentation and Oversight
All inspection results are recorded manually by the inspecting supervisor, signed upon completion,
and submitted to the Quality Assurance Manager (QA Manager) for centralized review. Each
completed checklist is stored in a facility -specific quality control binder, which is maintained
onsite and made available for internal audits and periodic review by UDC’s Contracting Officer
(CO) or Contracting Administrator (CA). These binders serve as both a compliance archive and a
performance history reference, ensuri ng TPM has the documentation necessary to demonstrate
adherence to contract standards, identify performance trends, and support corrective actions where
needed.
b. Deficiency Identification and Corrective Action Procedures
TPM Group maintains a proactive, structured approach to identifying, addressing, and preventing
janitorial service deficiencies across both CLIN 0001 (standard campus facilities) and CLIN 0002
(LEED Platinum -certified New Student Center). Our process centers on ear ly detection,
transparent documentation, timely resolution, and continuous accountability —ensuring that no
deficiency is left unaddressed and that long-term service quality remains high.
i. Deficiency Identification
Deficiencies may arise from a variety of operational challenges —such as incomplete cleaning
tasks, improper chemical use, missed waste disposal, or inadequate supply replenishment. To
capture these issues comprehensively, TPM uses three primary sources for detection:
1. Routine quality control inspections are conducted by site supervisors and the QA manager
using printed checklists.
2. Direct Feedback from UDC Personnel, including reports submitted to the Contracting
Officer’s Representative (COR) or Contract Administrator (CA).
3. Real-Time Field Observations made by TPM Supervisors and Area Supervisors during
shift oversight or walkthroughs.
By using multiple channels of observation and feedback, TPM ensures a 360 -degree view of
service delivery across all buildings and service categories.
ii. Corrective Action Logging
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Once a deficiency is identified, it is formally recorded in the Corrective Action Log, a centralized
paper-based record maintained and reviewed by the Quality Assurance Manager (QA Manager).
This log includes the following fields:
• Date and time of the report
• Building and room/location
• Nature of the deficiency (e.g., unsanitized restroom fixtures, soiled floors, unemptied trash
bins)
• Name of responsible staff member (if identifiable)
• Supervisory personnel involved
• Immediate corrective actions taken
• Verification status and follow-up notes
Each entry is initialed by the QA Manager and supervisor involved, ensuring that all corrective
actions are traceable and that no deficiencies are left unresolved.
iii. Timely Resolution Protocol
Timeliness is critical to TPM’s service integrity. Site Supervisors for CLIN 0001 buildings and the
dedicated LEED Supervisor/Onsite Lead for CLIN 0002 are accountable for initiating and
completing corrective actions within 24 hours of identification.
• CLIN 0001 Facilities: Corrections typically involve re-cleaning, supply restocking, or floor
care touch-ups.
• CLIN 0002 Student Center: Because this facility follows strict LEED protocols, any
deviations—such as improper chemical application or failure to use microfiber materials—
require immediate correction, supervisor validation, and mandatory retraining of the
personnel involved.
In both CLINs, corrective measures are documented and tracked until resolution is verified by the
QA Manager.
iv. Personnel Coaching and Performance Management
If a deficiency is linked to individual performance, the responsible staff member is informed by
their supervisor and receives documented feedback. For first -time issues, informal coaching is
provided. Repeat concerns result in progressive disciplinary action, which may include:
• Formal written coaching notes
• Refresher training on specific procedures
• Performance improvement plans or warnings for repeated noncompliance
All coaching and retraining sessions are recorded and placed in the employee’s personnel file,
ensuring alignment with TPM’s accountability policies and fair labor practices.
v. Follow-Up and Non-Recurrence Assurance
To confirm that deficiencies are fully resolved and not recurring, follow -up inspections are
conducted within 48 to 72 hours after corrective actions are completed. These are performed by
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the same supervisory staff and reviewed by the QA Manager. Each follow-up is logged manually,
includes a verification signature, and is cross-referenced against the original deficiency entry.
This follow -up mechanism helps TPM detect service trends, assess the effectiveness of
remediation strategies, and inform training updates.
vi. Reporting to UDC
Each month, TPM compiles a Quality and Corrective Action Summary Report for UDC’s COR
and CA. This report includes:
• Total number of deficiencies logged
• Nature and category of issues (e.g., restroom, classroom, lobby)
• Time taken to resolve each item
• Repeat issues by location or staff
• Preventive measures implemented (e.g., retraining, product changes, process adjustments)
This report ensures that UDC stakeholders have full visibility into TPM’s quality assurance process
and a documented record of how service issues are handled and prevented.
Through these clearly defined, rigorously implemented deficiency and corrective action
procedures, TPM Group ensures that both standard and LEED -certified janitorial services across
the University of the District of Columbia remain consistently compliant, high -performing, and
aligned with institutional expectations.
c. QCP Maintenance and Continuous Improvement
TPM Group regards the Quality Control Plan (QCP) as a dynamic, living framework —one that
not only enforces baseline service standards but also drives ongoing performance improvement
and adaptability across all facilities under CLIN 0001 and CLIN 0002. Our QCP is de signed to
evolve alongside the operational realities, institutional goals, and sustainability commitments of
UDC. Rather than treating it as a static compliance document, TPM continuously updates the QCP
to reflect shifting conditions, refine service methodologies, and address stakeholder input.
i. Triggers for Review and Updates
The QCP is reviewed and revised on a rolling basis to ensure alignment with any of the following
operational developments:
• Revisions to the SOW: Whether due to contractual updates, clarifications, or redefined
service expectations, any modification to the scope or frequency of janitorial tasks results
in a corresponding update to QCP protocols.
• Facility Adjustments: Changes in the list of buildings or spaces receiving service such as
new construction, facility renovations, temporary closures, or reassignments trigger
updates to inspection schedules, checklist content, and staffing allocations.
• University Scheduling or Feedback: Modifications to UDC’s academic calendar, special
event programming, or direct feedback from the Contracting Officer (CO), Contract
Administrator (CA), or facility occupants will be promptly reflected in service timing,
routing, or inspection emphasis.
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• Staffing and Protocol Changes: Any internal adjustment to shift coverage, team structure,
cleaning products, tools, or procedures will be reviewed for QCP implications and
incorporated into the plan to ensure consistent quality oversight.
All changes to the QCP are formalized in writing and submitted to the University’s CA and COR
within ten (10) business days of the triggering event. These updates are disseminated to TPM
supervisors and staff during scheduled weekly management briefings, w here implementation
timelines and training needs are also addressed. This ensures that the entire operations team
remains aligned with the most current quality expectations and performance procedures.
ii. Annual QCP Review Session
In addition to ongoing updates, TPM Group conducts an Annual QCP Review Session in
collaboration with UDC stakeholders. Led by the Quality Assurance Manager (QA Manager), this
comprehensive session serves as a formal checkpoint to assess quality control effectiveness, share
performance insights, and develop strategies for the upcoming contract year.
The annual review includes:
• Comparative Performance Metrics: Inspection scores, audit outcomes, and service ratings
are analyzed across buildings and task categories to detect trends, compare year-over-year
performance, and identify outlier facilities or service types needing focused attention.
• Corrective Action Analysis: Logs of deficiencies and their resolutions are reviewed to
pinpoint recurring issues, evaluate the effectiveness of interventions, and develop
preventive strategies.
• Stakeholder Feedback: Comments from UDC administrators, faculty, students, and other
building occupants received through formal channels or informal observations are
incorporated to assess user satisfaction and perception of janitorial service quality.
• Focused Improvement Plans: Based on these insights, TPM defines targeted action plans
for enhancing specific service areas, such as restroom sanitation, floor maintenance, supply
readiness, or customer interaction. These plans may include staff retraining, revised
checklists, adjusted inspection frequencies, or updates to supervision protocols.
• Integration of Sustainability Measures: For CLIN 0002, the session also includes a review
of green cleaning metrics, adherence to LEED protocols, and opportunities to improve
environmentally responsible practices.
iii. QA Manager’s Oversight
The QA Manager plays a central role in both ongoing QCP maintenance and annual reviews. Their
responsibilities include:
• Leading update initiatives based on performance data and stakeholder input;
• Coordinating cross-functional review teams for feedback and validation;
• Training staff and supervisors on any new or revised quality procedures;
• Documenting and archiving changes for compliance and audit readiness.
By embedding the principles of continuous improvement and operational flexibility into our QCP
maintenance process, TPM Group ensures that quality assurance is not just a compliance function
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but a core driver of service excellence. Our responsive, data -informed approach empowers our
team to anticipate challenges, elevate standards, and remain aligned with the evolving needs of the
University of the District of Columbia across both standard jan itorial services (CLIN 0001) and
LEED-certified environments (CLIN 0002).
Through our structured, checklist -driven Quality Control Plan, TPM Group guarantees the
consistent delivery of high -quality janitorial services across all UDC facilities. By combining
strong field oversight, hands -on inspections, detailed documentation, and continuous
improvement, our QCP ensures that both standard cleaning op erations under CLIN 0001 and
LEED-focused green cleaning under CLIN 0002 are held to the highest possible standard. With
the QA Manager providing dedicated oversight and accountability , TPM remains responsive to
evolving needs, capable of addressing service concerns swiftly, and committed to fostering a clean,
safe, and sustainable campus environment.
a. Sub-factor 1 – Organizational Staffing Plan
Organizational Staffing Plan
TPM Group has developed a robust and scalable organizational staffing plan that directly supports
the successful execution of janitorial operations under both CLIN 0001 and CLIN 0002 of the
University of the District of Columbia’s janitorial services contract. Our structure is purposefully
designed to ensure complete geographic and functional coverage across UDC’s diverse facilities,
integrating both traditional janitorial services and high -performance LEED Platinum -compliant
cleaning practices for the New Student Center.
Our staffing model is aligned with the SOW, the required service frequencies, and quality
assurance protocols, ensuring that every space under our care , from academic buildings to
administrative offices, laboratories, and event venues, is maintained to the University’s high
standards for cleanliness, safety, and sustainability.
1. Executive Leadership and Program Oversight
At the head of TPM’s staffing structure is the Project Manager (1 FTE), who serves as the senior
representative to the University and assumes full responsibility for the day -to-day operation and
strategic direction of the contract. The Project Manager is a ccountable for overall contract
performance, client engagement, compliance with scope, schedule, and service quality, and is
empowered to make decisions on all matters relating to personnel, delivery, and escalation.
Directly supporting the Project Manager is the Quality Assurance (QA) Manager (1 FTE), who
leads the execution of TPM’s Quality Control Plan (QCP). The QA Manager is responsible for
designing inspection routines, tracking performance metrics, logging and r esolving deficiencies,
and supporting continuous improvement initiatives. The QA Manager ensures that cleaning
operations across both CLINs are not only compliant with contract standards but are also aligned
with industry best practices and evolving campus needs.
2. Supervisory Oversight and Specialized Roles
To provide effective supervision and maintain a high level of service delivery consistency, TPM
deploys a strong mid-tier management layer consisting of:
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• 2 Building Supervisors who oversee designated building clusters under CLIN 0001. Each
is responsible for staff scheduling, daily assignment validation, zone inspections, and
addressing service-related issues raised by University stakeholders.
• 1 Floor Care Supervisor, dedicated to leading floor care operations. This supervisor
manages both the routine floor crew and the roving specialists performing scheduled
scrubbing, buffing, carpet extraction, and strip-and-wax operations.
• 1 Lead Day Porter who manages daytime porter activities, assists with scheduling coverage
in high -traffic areas, and ensures rapid response to ad hoc service requests or facility -
specific needs.
All supervisory staff operate as key field liaisons between frontline workers and executive
management, enforcing quality standards, monitoring performance, and coordinating resources to
meet workload demands.
3. Field Service Personnel
TPM’s field teams are segmented into specialized functional units to optimize coverage and
quality:
• 4 Day Porters maintain lobbies, restrooms, corridors, and other public -facing spaces
throughout the day, ensuring high visibility and fast response to emerging needs.
• 15 Lead General Cleaners guide cleaning crews within their assigned buildings, manage
checklist compliance, and serve as point contacts for supervisors.
• 16 General Cleaners are deployed across academic, administrative, and support spaces to
perform daily cleaning, trash removal, dusting, and surface sanitation.
• 16 Restroom Cleaners, trained specifically in restroom protocols, are responsible for the
cleanliness, sanitation, and restocking of restrooms across the campus.
• 1 Weekend Restroom Cleaner ensures restrooms remain clean and operational during
weekend events and facility use.
• 26 Floorpersons support hard -floor and carpet care operations across all UDC buildings.
Their responsibilities include dust mopping, auto -scrubbing, stain removal, carpet
vacuuming, and restorative floor maintenance.
• 1 Weekend Floorperson supports events and custodial needs during weekend hours.
• 3 Roving Floor Care Workers, under the Floor Care Supervisor, rotate among buildings as
needed for periodic deep -cleaning or emergency support, including flood response, floor
restoration, and seasonal detailing.
All personnel are trained on safety procedures, green-cleaning protocols, and UDC-specific service
expectations before assignment, and they receive recurring refresher training to maintain
compliance with TPM’s performance benchmarks.
4. CLIN 0002: LEED Platinum Staffing
For CLIN 0002, which covers the LEED Platinum -certified New Student Center, TPM has
appointed a dedicated Supervisor/Onsite Lead with LEED certification. This individual oversees
all green-cleaning activities, ensuring that every service —from restroom sanitation to floor care
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Janitorial Services
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and supply replenishment—is executed in accordance with Indoor Environmental Quality (IEQ)
guidelines and the facility’s LEED Platinum maintenance standards. The Supervisor/Onsite Lead
directly manages a subset of general cleaners and floor staff cross -trained in low -emitting
chemicals, microfiber systems, and sustainability-focused cleaning protocols.
5. Relief Staffing and Operational Redundancy
To safeguard against absenteeism, schedule conflicts, or surge demands, TPM maintains a
qualified pool of on -call relief personnel who are cross -trained in both traditional and green
janitorial procedures. These staff are deployed as needed to ensure unint errupted service,
especially during peak academic periods, special events, or unforeseen absences. Floaters are built
into our weekly rotation to provide additional operational flexibility.
6. Accountability and Coordination
Daily zone rosters are maintained and verified by supervisors. Pre-shift briefings, mid-day quality
spot checks, and post -shift walkthroughs are used to reinforce expectations and confirm task
completion. All supervisory and field staff participate in week ly coordination meetings, during
which performance feedback, training needs, staffing adjustments, and service priorities are
discussed. This fosters a culture of accountability, transparency, and operational excellence
throughout the contract lifecycle.
7. Employee Retention Strategy
TPM recognizes that high retention leads to better service consistency, deeper institutional
knowledge, and stronger client relationships. Therefore, our staffing plan is supported by a multi-
tiered employee retention strategy designed to reduce turnover, recognize performance, and create
a culture of respect and advancement:
1. Fair Compensation and Shift Stability: TPM offers competitive wages, consistent scheduling,
and predictable shift rotations to reduce burnout and increase job satisfaction.
2. Performance Incentives and Recognition Programs: We reward high -performing employees
with monthly and quarterly recognition, such as "Employee of the Month" awards and spot
bonuses. Outstanding performers are considered first for promotions and advanced
responsibilities.
3. Training and Professional Development: Employees receive ongoing training not only in
cleaning methods but also in safety, leadership, and LEED -aligned practices. TPM provides
clear pathways for advancement from General Cleaner to Lead, then to Supervisor roles.
4. Supportive Work Environment: Supervisors and leads conduct regular one -on-one check-ins,
maintain an open-door policy, and foster a team -oriented atmosphere where every employee
feels heard and valued.
5. Job Stability Through Cross -Training: Staff are cross -trained across buildings and service
types, enabling flexible deployment and ensuring employees have multiple skill sets, leading
to job security and increased confidence.
6. Onboarding and Mentorship: New hires are paired with experienced team members during
their first 30 days to provide guidance and reduce early attrition. This mentorship model builds
trust and smooths integration into TPM’s culture.
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b. Sub-factor 2 – Communication and Reporting Chart
TPM Group acknowledges the importance of early and effective communication in establishing a
strong foundation for the successful delivery of janitorial services to UDC. We are fully aligned
with the approach outlined and confirm our readiness to proceed accordingly.
Kickoff Meeting Scheduling
Upon notification of the award, the TPM Group will prioritize scheduling the Kickoff Meeting as
soon as possible. We will coordinate with both UDC and our strategic partner to ensure full
representation and participation. Our initial meeting will serve as a platform to build rapport, align
expectations, and solidify the collaboration between all parties.
RFP Overview and Presentation of Purpose and Objectives
During the Kickoff Meeting, TPM Group will present a clear overview of our understanding of the
RFP’s purpose, goals, scope of services, and key milestones. Our presentation will highlight our
commitment to delivering LEED Platinum -level janitorial services that align with UDC’s
sustainability and service quality standards.
Defined Roles and Responsibilities
We will introduce our organizational structure, clearly articulating the roles and responsibilities of
each TPM Group and Bolana Capitol team member, including introductions to our Lead AP Project
Manager and supporting personnel. We will also seek to understand the specific responsibilities of
UDC team members and the Contracting Authority (CA), ensuring clarity in communication and
task ownership across all levels.
Communication Protocols
TPM Group will collaborate with UDC to establish mutually agreed -upon communication
channels, update frequencies, and preferred timing for reports and meetings. We will also outline
our internal communication practices to ensure seamless coordination between TPM Group,
Bolana Capitol, and UDC. Openness, transparency, and timely feedback will be encouraged
throughout the contract performance period.
Initial Meeting Agenda
We concur with the proposed agenda and will be prepared to address each item, including:
1. Introducing our Lead AP Project Manager and core management team
2. Clarifying each TPM Group corporate position and its respective functions
3. Understanding and documenting UDC roles and meeting the CA
4. Requesting guidance on UDC’s operational priorities, including critical do’s and don’ts
5. Establishing a recurring meeting schedule, with the first follow -up meeting to be held
within three weeks of the kickoff
We view this initial meeting as a strategic alignment opportunity, and we look forward to a
productive collaboration with UDC, TPM Group
Figure 4 below illustrates our communication and reporting structure for the UDC Janitorial
Services.
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Figure 4 - Our Communication and Reporting Chart
c. Sub-factor 3 – Measurable Performance Standards
The table below presents the measurable performance standards that will be applied to UDC’s
Janitorial Services.
Table 7- Measurable Performance Standards
Service Measurable Performance Examples
Restrooms Excellent Fixtures, countertops, basins, toilets, partitions ,
mirrors, doorknobs, stainless steel, and showers are
all free of smudges, water spots, and dirt. Supplies
are all fully stocked. All waste receptacles are
emptied, cleaned, and lined.
Good Fixtures, countertops, basins, toilets, partitions ,
mirrors, doorknobs, stainless steel, and showers are
all clean. Supplies are all sufficiently stocked. Waste
receptacles are emptied, cleaned, and lined.
Unsatisfactory Fixtures, countertops, basins, toilets, partitions
mirrors, doorknobs, stainless steel , and showers
have smudges, water spots, and/or dirt. Supplies are
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in need of restocking. Waste receptacles are full and
in need of emptying.
Floor Care Excellent Floors are serviced and mopped , and appear in
higher-than-average condition.
Good Floors are serviced and mopped, and appear in good
condition.
Unsatisfactory Floors do not appear to be mopped and are in poor
condition.
Daily Lecture
Halls/Classrooms
Excellent The Whiteboards and chalkboards are washed and
cleaned with clean chalk trays. The Furniture is all
realigned in the original order, with chairs facing the
proper direction. The d esks are free of dust. The
floors are swept and mopped and appear in excellent
condition.
Good The Whiteboards and chalkboards are clean. Most
furniture is all realigned in its original order. The
desks appear to be clean. The Floors are swept and
mopped, and appear to be in good condition.
Unsatisfactory Classrooms and lecture halls do not appear to be
serviced, dusted, floor care , and are in poor
condition.
Offices Excellent The o ffices are dusted, desk surfaces and glass
surfaces are clean without smudges. The carpets are
clean and free of spots/stains. Floors requiring finish
are at high luster and free of all marks.
Good Offices are dusted, desk surfaces and glass surfaces
are clean. Carpets are clean. Floors requiring finish
clean.
Unsatisfactory Offices are in need of dusting, desk surfaces and
glass surfaces appear to have smudges and in need
of cleaning. Carpets do not appear to be clean and
are in poor condition. Floors requiring finish do not
appear to be clean and are in poor condition.
Entrances, Corridors
& Lobby Areas
Excellent Lobby appears to be serviced and free of litter, gum,
dirt, dust, and debris. Mats are vacuumed and spot
cleaned with no soil or moisture underneath. Glass
appears clean and smudge-free. Corridors are free of
litter, dirt, debris, boxes, etc., and show no signs of
liquid spillage or stains.
Good Lobby appears to be serviced and clean. Mats are
vacuumed and spot cleaned. Glass appears clean
and smudge-free. Corridors free of litter, dirt, debris,
boxes, etc.
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Unsatisfactory Lobby appears to be in need of service. Mats are in
need of vacuuming. Glass has smudges. Corridors
are in need of vacuuming and the removal of items.
Drinking
Fountains/Hydration
Stations
Excellent Fountains/Stations cleaned, polished, and sanitized.
Surfaces are free of all watermarks, debris,
encrustation, streaks, stains, etc.
Good Fountains/Stations cleaned, polished, and sanitized.
Surfaces are free of most watermarks, debris,
encrustation, streaks, stains, etc.
Unsatisfactory Fountains/Stations do not appear to be serviced and
have watermarks, debris, streaks, encrustations,
and/or stains.
Trash and
Recyclables
Excellent Trash has been collected and emptied with no
overflow. Dumpster sites are clean and orderly.
Recycling is not comingled.
Good Trash has been collected and emptied. Dumpster
sites are clean and orderly. Recycling is not
comingled.
Unsatisfactory The trash has not all been collected and has some
overflow. Dumpster sites have trash blowing on the
ground. Trash containers need cleaning. Recycling
is comingled.
Elevators Excellent Elevators are serviced and mopped, sils and cabin
panels are clean. The elevator appears in higher -
than-average condition.
Good Elevators are serviced, mopped, and cleaned.
Elevator appears in good condition.
Unsatisfactory Elevators do not appear to be serviced and are in
poor condition.
Lounges/Food
Eating Areas
Excellent Lounges/Food Areas are serviced and disinfected.
Floors, surfaces, counters, equipment, door knobs,
tables and chairs, drains, microwaves, etc. are
cleaned, free of food and debris, and in above -
average condition. Trash is emptied.
Good Lounges/Food Areas are serviced and disinfected.
Floors, surfaces, counters, equipment, door knobs,
tables & chairs, drains, microwaves, etc. are
cleaned, free of food and debris, and in good
condition. Trash is emptied.
Unsatisfactory Lounges/Food Areas appear to need service. The
floors, surfaces, counters, equipment, door knobs,
tables and chairs, drains, microwaves, etc., are dirty,
have food and debris, and are in poor condition. The
trash needs to be emptied.
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Plaza Deck,
Amphitheater, and
Outdoor Fountains
Excellent Areas appear to be serviced. The plaza deck is free
of loose debris. Fountains are screened and free of
loose trash. Trash receptacles are empty.
Amphitheaters are free of trash and debris. All trash
has been emptied and areas appear to be in above
average condition.
Good Areas appear to be serviced. Plaza deck is free of
most loose debris. Fountains are screened and free
of most loose trash. Trash receptacles have been
emptied. Amphitheaters are free of most trash and
debris. Areas appear to be in good condition.
Unsatisfactory Areas are in need of service. Plaza deck and
fountains have loose debris and/or trash.
Amphitheaters have trash and debris. Trash is
overflowing and needs to be emptied. Areas in poor
condition.
d. Sub-factor 4 – Price Reduction Table
The following table outlines the details of the price reduction.
Table 8 - Price Reduction Table
Infraction Amount of Proposed Reduction
Failure of TPM employees to be properly attired in the
company uniform.
$30.00
Failure to utilize approved Green Seal cleaning products. $45.00
Failure to properly store cleaning products/devices upon
completion of the cleaning cycle.
$25.00
General Duties – Missed Daily Service to a specific area. $65.00
General Duties – Missed Daily Service to a specific
restroom.
$80.00
General Duties – Missed Daily Service to a specific
classroom or conference room.
$60.00
General Duties – Missed Daily Service to a specific office,
faculty, or break room.
$45.00
Failure to provide backup employees for the required 5 5-
day porters reporting to CA each day.
$150.00
Failure to notify UDC of a change in employees $25.00
Failure to perform scheduled service – no service provided
to the entire building location during a scheduled service
day.
$100.00
1.7.2 Employee Count, Job Descriptions, and Hourly Rates
a. Number of Employees Including CLIN 0001 and CLIN 0002
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Table 9: Number of Employees Including CLIN 0001 and CLIN 0002
Qty. Position
1 Project Manager
1 QA Manager
5 Day Porters – Report to UDC Contract Administrator (CA) Daily
1 Floor Care Supervisor
2 Floor Care Workers (Roving)
2 Supervisors
11 Lead Cleaners
19 General Cleaners
14 Restroom Cleaners
15 Floor persons
b. Hourly Rates
Minimum hourly rates for each position are as per the mandated Wage Determination No. 2015 -
4281 Revision No. 33.
Position Wage Rate H&W Total Hourly Rate
Paid to Staff
General Cleaners, Janitors, Restroom Cleaners $17.84 $4.93 $22.77
5-Day Porters
UDC – CA
$18.14 $4.93 $23.07
Floor Persons $18.09 $4.93 $23.02
Lead Cleaners $18.09 $4.93 $23.02
c. Job Descriptions
1. Project Manager
The Project Manager leads day -to-day operational support to provide a safe, attractive, efficient ,
and clean facility for visitors, students, and employees of the facilities we service. This position is
responsible for assigning and directing support and inspecting the work that will be performed by
the custodians on an assigned shift. The project manager will also perform routine work according
to the operational schedule required by the SOW and/or specifications.
Duties and responsibilities include: provide support and direct tasks to the custodian team to
promote cleanliness and safety throughout the building, equipment and facility premises; instructs
and trains the custodial team in proper custodial cleaning pra ctices and safety standards; inspect
all areas of the facility, including restrooms, stairwells and open locations for cleanliness and
unusual activity to maintain clean safe public and business spaces throughout shifts; assist in
proper cleaning tasks whe n needed; reassigns and adjust crews to respond to special facility
operations or unforeseen situations; assures that the cleaning checklist and daily assignments are
completed during the shift; ensure safe and proper cleaning methods are used while attend ing
situations that involve exposure to bodily fluids and other hazardous materials; reports activities
and unusual events to the supervisor and team via memos, email, and other daily logs; report unsafe
conditions (repairs), damages and acts of vandalism of equipment to proper channels of
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communication/authorities; ensure proper and timely radio communication within the team while
promoting professional and courteous etiquette; maintain storage areas and cleaning equipment,
materials, and supplies in a safe, secure and orderly manner in ord er to ensure the safety of staff
and the public; maintain an adequate supply of cleaning materials and supplies in custodial closets
and distribute supplies to custodians as needed.
2. Day Porter
The Day Porter responsibilities include removing and arranging office and classroom furniture,
equipment, and appliances, and moving heavy equipment and machinery when assigned; assisting
in assembly and disassembly of furniture and furnishings; cleaning g raffiti from interior and
exterior surfaces of buildings; providing special cleaning before, during and after special events;
performing warehouse duties, including palletizing materials, loading and unloading trucks, and
labeling items and property; assis ting maintenance personnel with special projects; performing
conference style setups for university functions; arranging tables, chairs, podiums, and other items
used in group gatherings; power washing plaza area, garage, walkways, and loading dock areas on
a needed basis and must also be able to lift up to 50 pounds using proper lifting techniques to
ensure safety and avoid injury during assigned tasks and assigned by CA; and other related duties
as assigned by CA. Porters shall not perform basic cleaning services daily to compensate for the
absence of cleaning personnel.
3. QA Manager
The Quality Assurance Manager is responsible for ensuring cleaning operations meet established
standards of cleanliness, safety, and client satisfaction. This role involves conducting regular
inspections, identifying and correcting deficiencies, training s taff on best practices, and
coordinating with supervisors to implement continuous improvement. The manager serves as the
key point of contact for quality -related concerns and ensures compliance with contract
requirements and industry regulations. The QA Manager regularly visits key clients and tenants to
speak with them and ask about their level of satisfaction. The QA Manager is a key team member
in scheduled meetings between our team and the University of District of Columbia’s
representatives.
4. Working Supervisor and Lead Person Job Description
The Working Supervisor/Lead Person reports directly to the Project Manager. Their duties shall
include, but are not limited to the following: the administration of area assignments and key
control, issuing of supplies, ensuring all employees clock in prope rly, ensuring all employees are
in uniform and possess proper identification , and giving each specific instructions as to work
schedule for each day. Also, the Supervisors ensure all employees commence work promptly and
in an orderly manner, ensure all wor k is performed as scheduled, train personnel properly in
performing work in accordance with cleaning tasks and approved methods, inspect all buildings
and spot check daily cleaning, turn in a daily report of work performed, and keep current periodic
work reports.
5. Restroom Technician
The Restroom Technician reports directly to their Supervisor. Job responsibilities are to perform
work as defined by the work schedule and contract specifications, including: empty trash; clean
and disinfect sinks and countertops; clean and polish all mirrors; clean and disinfect all partitions;
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clean and disinfect commodes, urinals, sinks, counters, partitions and surrounding wall areas;
empty, clean, and sanitize all sanitary napkin and trash receptacles and remove all waste material
to the core area for pickup; spot clean walls; refill all disp ensers and expendable paper products;
clean and polish all bright work; detail dust high and low horizontal surfaces; sweep and mop floor
with disinfectant cleaner; follow all safety regulations; report any damaged or broken items such
as fixtures, doorknobs, etc.; all other duties as defined by Supervisor.
6. General Cleaner/Maintenance Technician
The General Cleaner/ Maintenance Technician reports directly to their Supervisor. They are
responsible for work performed as defined by the Work Schedule and contract specifications ,
including picking, sweeping, mopping, trash removal, policing, etc. Responsibilities include:
follow guidelines set by Work Schedule and our contract specifications in carrying out job tasks;
empty all trashcans and keep clean and sanitized and include a plastic liner which fits the can;
empty all recycling boxes; clean and sanitize all drinking fou ntains; report any damaged/broken
items that have been identified; follow safety regulations strictly, including (but not limited to)
OSHA regulations; sweep and mop floors; vacuum classrooms; dust mop, spot mop and wet mop
floor; clean break room areas; all other duties as defined by Supervisor.
7. Floor Care Technician
The Floor Care Technician reports directly to their Supervisor and is responsible for work
performed as defined by the Work Schedule and contract specifications. Our Floor Care
Technicians are thoroughly trained professionals experienced in floor care , including the
requirements mandated in the scope of work and experience with high traffic areas.
Responsibilities include: sweep clean all stairways and wet mop; clean elevator tracks; vacuum all
carpeted corridor areas and spot clean stains in carpet; sw eep, damp mop and spray buff all tiled
areas, including hardwood floors and marble tile; perform carpet spotting as assigned; remove all
scuff marks, fingerprints and chewing gum wherever found; clean door threshold plates; be sure
walls/cabinets/office furniture/doors, etc. aren’t splashed w/floor maintenance products; clean all
floor care equipment after each use and store equipment properly; Floor Care Tech will be required
to perform any and all types of janitorial maintenance services; be sure that all edg es and corners
of floor serviced are clean; follow safety regulations strictly, including (but not limited to) OSHA
regulations; ensure floor care is administered following manufacturer’s recommendations; must
possess ability and skill level required to operate all motorized floor care equipment.
1.8 Key Personnel
Lazaro Santa Cruz, LEED GA, SMT, SMA
Contract Position: Supervisor/Onsite Lead/Project Manager
Related Project Experience
• District of Columbia Public Schools (2021 - Present)
• Cushman & Wakefield (2017 – Present)
Qualifications
• Over 27 years of commercial facilities operations and janitorial experience, with over 15
years in a supervisory capacity.
• Performs all contract and project oversight.
• Acts as company liaison and primary POC for all contract-related matters.
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• Support all team leads and supervisors in the implementation of best practices and training.
• Coordinates with the end users and client representatives to ensure all rules and regulations
are compliant.
• Provide on-site project management on all major projects
• Serve as the key point-of-contact between the end-user and the onsite team on all projects
Certifications
➢ US Green Building Council – LEED General Associate
➢ BOMI International – SMA and SMT (Systems Maintenance Administrator)
Representative Experience
TPM Group, LLC 2021 - Present
Project Manager
• Oversees government contracts in areas of janitorial, logistics , and facilities support
services.
• Responsible for the overall management of the projects, tasks, QCP reporting, and
employees.
• Responsible for customers for the coordination and execution of assigned performance
tasks.
• Provides full-service management duties and oversees assigned employees.
• Performs and coordinates daily and long-range task requirements with clients. Ensures that
contract requirements and deliverables in the quality assurance plan are addressed and
reported.
Cushman & Wakefield 2017 - Present
Chief Operations Engineer
• Supervise maintenance team, enhancing personnel development and training programs.
• Manage facilities projects and janitorial operations.
• Conduct regular and emergency repairs and cleaning on building mechanical systems and
facilities.
• Oversee all building systems, including fire/life safety, plumbing, HVAC, and electrical
systems.
Collier Systems 2015 - 2017
Chief Engineer
• Oversaw 1.4 million sq. ft. of mixed -use Class A properties, maximizing operational
efficiency.
• Managed staff, coordinated with stakeholders, and ensured smooth build-outs and repairs.
• Conducted daily inspections, scheduled life safety testing, and managed budget effectively.
• Implemented preventive maintenance programs and led major mechanical projects,
delivering on schedule and within budget.
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Janitorial Services
Part I – Technical Proposal
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1.9 Past Performance
1.9.1 Past Performance #1 - Janitorial Services
Past Performance Reference #1
Contract Name: Janitorial Services
Contract Number: PO#134623, 79744, 100100, 73856, 1206
Customer Name: University of Maryland - College Park
Period of Performance: August 2025 – Present
Place of Performance: College Park, MD
Total Value of the Contract: $1,600,000.00
Point of Contact (POC): Name: Anthony Stewart, Facilities Management
Phone Number: 240-876-7263
Email: stewarta@umd.edu
Description of the work performed.
Bolana provides green janitorial and related services for over 20 locations of the University of
Maryland’s buildings. Services are provided 7 days per week and include Day Porter services
and evening cleaning services. General cleaning of public and commo n areas, lobbies, offices,
classrooms, restrooms, administrative areas, conference rooms, kitchens, laboratories, and
exterior areas. Periodic and special project cleaning, including cleaning of mechanical rooms,
stripping and refinishing of floors, carpet cleaning, etc. Bolana provides full-time and part-time
staff augmentation as requested by the University on a short and long-term basis.
Bolana also provides event cleaning, porter services, and post -event cleaning services for the
events and activities at Xfinity Center and SECU Stadium. Our team removes trash and
recycling and patrols restrooms and corridors during events to ensure that the stadium is looking
good for the fans. During the post -cleaning, we thoroughly clean the concourse, concessions,
seating areas, and steps between levels, entrances and lobbies, and exterior areas of the stadium,
and prepare for the next scheduled event. We provide full-time and part-time staff augmentation
as requested by the University on a short and long-term basis.
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 43
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Past Performance Evaluation #1
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Janitorial Services
Part I – Technical Proposal
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1.9.2 Past Performance #2 - Janitorial/Deep Cleaning Services – DC Public Schools
Past Performance Reference #2
Contract Name: Janitorial/Deep Cleaning Services – DC Public Schools
Contract Number: GAGA—Q-0188 (Most recent) (2021 – 2024)
Customer Name: District of Columbia Public Schools
Period of Performance: 12/2021 through 01/2024
Place of Performance: Washington, DC (DC Public School system-wide)
Total Value of the Contract: $1,049,269.00
Point of Contact (POC): Name: Roger Asterilla
Phone Number: (202) 478-1401
Email: roger.asterilla@k12.dc.gov
Description of the work performed.
TPM Group was engaged to deliver full-scale janitorial augmentation services across the District
of Columbia Public Schools (DCPS) system, providing end-to-end operational support designed
to maintain a clean, safe, and healthy environment for students, staff, and visitors. Our scope of
work encompassed the provision of all necessary labor, supervision, management oversight, and
administrative coordination required to execute these services efficiently and at scale.
TPM’s responsibilities included deploying trained janitorial personnel across multiple DCPS
schools and facilities, where we provided both daily support and supplemental labor as needed.
This included janitorial deep cleaning services tailored to high-traffic and high-touch areas such
as classrooms, cafeterias, gymnasiums, restrooms, and administrative offices. The services were
delivered in alignment with DCPS cleanliness protocols, public health guidelines, and safety
standards to reduce the spread of con taminants and maintain consistent hygiene levels
throughout the school system. In addition to core cleaning services, TPM managed all logistical
and administrative functions associated with scheduling, task assignment, quality control, and
site supervision. Our supervisory teams conducted regular walkthroughs and ensured that
services were delivered in accordance with established performance expectations. TPM’s
management staff coordinated closely with DCPS leadership to adjust staffing levels, respond
to emergency requests, and meet peak-period demands during school openings, special events,
or seasonal sanitation initiatives.
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
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Past Performance Evaluation #2
1.10 Annual Line-Item Budget
The Annual Line-Item Budget has been addressed in Part II – Price Proposal, under heading 1.2.1
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2 REQUIREMENTS FOR CLIN 0002
1. Understanding of Industry Standards and LEED Requirements
TPM Group recognizes that the University of the District of Columbia’s New Student Center is
designed to serve as a central hub for student engagement and services and also to embody the
University’s commitment to sustainability and environmental stewardship. Our approach to
janitorial service delivery under CLIN 0002 is rooted in adherence to the U.S. Green Building
Council’s LEED AP+M (Operations and Maintenance) standards, particularly those related to
Indoor Environmental Quality (IEQ), green cleaning products a nd equipment, and waste
management protocols.
Our cleaning methodology is designed to meet and support Leadership in Energy and
Environmental Design (LEED) Platinum certification goals, which represent the highest level of
achievement under the LEED rating system. We understand that every product, process, and
procedural choice must align with the LEED scorecard and demonstrate measurable contributions
toward points in categories such as:
• Green Cleaning Policy
• Purchasing of Sustainable Cleaning Products and Materials
• Equipment Maintenance and Sustainability
• Indoor Chemical and Pollutant Source Control
2. Approach to Green Janitorial Service Delivery
TPM Group’s services in the New Student Center will be phased in as the building becomes fully
occupied. Our scalable approach ensures that cleaning levels are commensurate with actual usage,
while maintaining uninterrupted compliance with LEED expectation s. Key components of our
service model include:
• Certified Green Products: All cleaning chemicals will meet or exceed Green Seal (GS -
37/GS-40), EcoLogo, or EPA Safer Choice certifications. Products will be stored and
diluted using controlled systems to reduce chemical exposure and waste.
• High-Efficiency Equipment: We will use CRI Green Label vacuum cleaners (HEPA-rated),
low-decibel auto scrubbers, microfiber mops and cloths, and water-saving technologies to
reduce environmental impact and maximize indoor air quality.
• Ventilation and Dust Control: All HV AC vents, registers, and surfaces prone to dust
accumulation will be maintained according to LEED IEQ protocols, supporting air quality
and minimizing pollutant load.
• Waste Stream Management: Waste, recycling, and compost collection points will be
serviced in line with the building’s material stream strategy. Color-coded liners and signage
support occupant compliance and LEED MRc6 (Solid Waste Management).
• Sustainable Practices Training: All staff assigned to CLIN 0002 will receive specialized
training in green cleaning protocols, LEED credit compliance, chemical -free floor
maintenance, PPE usage, and environmental stewardship.
3. Capability and Commitment to Maintain Platinum-Level Cleanliness
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TPM Group’s commitment to maintaining the New Student Center at Platinum LEED quality
includes:
• A dedicated supervisory team trained in LEED for Existing Buildings: Operations &
Maintenance (EBOM) requirements.
• Use of daily digital quality inspection tools focused on green cleaning metrics and reported
through a centralized dashboard accessible to UDC personnel.
• A performance tracking system that ties janitorial tasks directly to LEED compliance
categories and service frequency.
• Full compliance documentation , including MSDS sheets, vendor certifications, product
usage logs, equipment maintenance records, and green cleaning policy adherence , all of
which are required to support third-party LEED audits.
4. Understanding of Building and Operational Needs
The New Student Center includes a variety of high -traffic, mixed -use interior spaces , student
lounges, dining areas, conference rooms, offices, restrooms, and fitness facilities , along with
exterior hardscapes and transit -accessible entrances. Each of these spaces requires tailored
cleaning frequencies and methods that balance heavy use with sustainability:
• Restrooms and dining areas will receive multiple daily cleanings with low-VOC, non-toxic
products and real-time monitoring.
• Glass and metal surfaces in public zones will be maintained with microfiber cloths and
biodegradable cleaners to preserve aesthetics without residue.
• Exterior surfaces, including entranceways and plazas, will be pressure -cleaned using
water-conserving systems during off-peak hours to minimize disruption and runoff.
Through our expertise in sustainable cleaning, LEED -aligned operational protocols, and
responsive facility management, TPM Group is uniquely positioned to help the University of the
District of Columbia maintain the New Student Center at a Platinum LEED cleanliness level. Our
proposed solution reflects not only our technical capabilities but also our alignment with UDC’s
environmental mission and student-centered vision.
2.1 Assessment of the Janitorial Needs
Table 10 below illustrates the assessment of CLIN 002.
Table 10- Assessment of Janitorial Needs CLIN 0002
Building Name Staffing Qty and Job
Titles
Ongoing Services Description
& Frequency, Method, and
Tools & Equipment
UDC Student Center Building 56
(Total Interior & Exterior Space)
4200 Connecticut Avenue, NW,
Washington, DC 20008
1 Lead General
Cleaner
1 General Cleaner
1 Restroom Cleaners
2 Floorpersons
General Cleaning
General Cleaning daily services,
including dusting, emptying
trash/recycling, glass surface
cleaning, elevator cleaning,
whiteboard/chalkboard washing,
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entrance cleaning, drinking
fountain cleaning, vacuuming,
mopping, and lounge/food areas,
will be performed per the Scope
of Work. Our team will be
properly trained to follow the
description of the services as per
the Scope of Work. Cleaning
tools used include but are not
limited to: cleaning cloths,
trigger sprayers, dust mops, wet
mops, buckets with wringers or
pump up sprayer with one
bucket, stainless steel cleaner
and polish, wet floor signs,
vacuum cleaners, liners.
Restroom Cleaning
Restroom daily cleaning
services including supply
replenishment; clean and
disinfect counters, basins,
toilets, partitions, urinals, light
switches, mirrors, doorknobs,
floors; empty and sanitize waste
cans and receptacles will be
performed per the Scope o f
Work. Our team will be properly
trained to follow the description
of services as per the Scope of
Work. Cleaning tools used
include but are not limited to:
cleaning cloths, trigger spray
bottles, wet mop and handles,
buckets with wringers or 1
bucket and pump up sprayer,
broom and dust pan, liners for
waste receptacles, bowl swab,
clean bucket for rinse water, wet
floor signs, gloves, goggles.
Floor Care
We have a team of floor care
technicians trained in the various
floor care services required by
this contract. Carpeted floors,
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concrete floors, VCT tile floors,
and wood floors will all be
cleaned per the Scope of Work
and in compliance with the
manufacturer’s
recommendations. Cleaning
tools used include, but are not
limited to: Mop heads with
handles, buckets with wringers,
brooms and dust pans, floor
machines, stripping pads,
wet/dry vacuums, floor
squeegees, stand up scrubber,
wet floors signs, gloves,
goggles, protective footwear,
high speed floor machines,
white pads, trigger spray bottles,
dust mops, walk off mats,
exterior b room, vacuum
cleaners, extraction machines,
carpet spotter, vacuum bags,
hand scrub brush and bucket,
protective pads for furniture
legs, putty knife.
2.2 Corrective Action Chart
Please see the response for CLIN 0001 in section 1, heading 1.2
2.3 Ongoing Services Chart
The ongoing janitorial services plan for UDC is designed to align with the functional demands,
square footage, and occupancy patterns of each building identified in Section C. This plan outlines
the daily and periodic services necessary to maintain a clean, safe, and environmentally responsible
campus environment. It specifies the type of services to be performed, service frequency, cleaning
methods and tools to be used, and the quantity and job titles of staff assigned to each facility. TPM
Group has tailo red this plan based on industry best practices, green -cleaning standards, and the
University's performance expectations. By matching service levels with building use and traffic,
we ensure optimal resource allocation, cleanliness, and compliance with quality assurance metrics.
Table 11 - Ongoing Services Chart
Building Name Staffing Qty and Job Titles
UDC Student Center Building 56 (Total Interior & Exterior
Space)
4200 Connecticut Avenue, NW, Washington, DC 20008
2 General Cleaner
1 Restroom Cleaners
1 Floor person
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Ongoing Performance Services Chart
This chart shall apply to all services performed under this contract. The frequencies of performance
specified herein shall be considered minimum standards of performance required to perform
acceptable levels of service as per the Statement of Work.
Daily
Weekly
Monthly
Quarterly
Annually
General Cleaning, Classrooms, Admin Offices, Etc.
a. Wastepaper: Wastebaskets shall be emptied daily. Trash
generated by normal, daily office routine shall be emptied
into trash containers and new bags shall be put in
wastebaskets as needed.
X
b. Dusting: All unobstructed furniture, file cabinets, and
horizontal surfaces that can be reached while standing on
the floor will be dusted with a chemically treated cloth.
Thorough dusting of unobstructed surfaces will be
accomplished weekly.
X
c. Water Coolers: All water coolers shall be cleaned. X
d. Spot Cleaning: Walls, doors, and painted surfaces shall be
kept free from handprints and smudges, which can be
removed with a cloth and neutral cleaner.
X
e. High Dusting: Pipes, ledges, moldings, etc., shall be dusted.
Some very high surfaces may be out of reach of
conventional services above 8 feet.
X
f. Vacuuming: All public areas will be vacuumed daily;
private offices shall be vacuumed daily. All hard -to-get
spots, edges, and corners shall be cleaned with the necessary
tools a minimum of once a week.
X X
g. General Cleaning daily services , including dusting,
emptying trash/recycling, glass surface cleaning, elevator
cleaning, whiteboard & chalkboard washing, entrance
cleaning, drinking fountain cleaning, vacuuming, mopping,
and lounge/food areas, will be performed per the Scope of
Work. Our team will be properly trained to follow the
description of the services as per the Scope of Work.
Cleaning tools used include, but are not limited to: cleaning
cloths, trigger sprayers, dust mops, wet mops, buckets with
wringers or pump up sprayer with one bucket, stainless steel
cleaner and polish, wet floor signs, vacuum cleaners, liners.
Restrooms
a. All doors, kickplates, door frames, walls, light switches,
glass thresholds, and partitions shall be damp wiped with
mild, non-abrasive detergent.
X
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Daily
Weekly
Monthly
Quarterly
Annually
b. Towels and toilet tissue dispensers, flushometers, shelves,
piping, tampon machines, toilet hinges , and other metal
surfaces shall be cleaned to remove all soil as necessary.
X
c. Glass mirrors and vanity tops will be cleaned, removing all
fingerprints, streaks, smudges, and splash marks. X
d. All waste containers will be emptied and damp-wiped using
proper odorless disinfectant and germicide cleaner. Each
container shall be relined with a proper liner.
X
e. Toilets and urinals shall be cleaned with a proper
combination of non-abrasive lavatory cleaner and
disinfectant, removing all streaks, stains , and deposits. All
chrome work shall be cleaned. Both sides of the toilet seats
shall be washed and disinfected.
X
f. All toilet tissue, towels, hand soap, and toilet seat cover
dispensers shall be refilled. X
g. Restroom Floors: All litter shall be removed. Floors will be
wet mopped with proper cleaner and disinfectant. Shall
include underneath sinks, toilets, and urinals.
X
h. Partitions shall be washed to remove streaks, stains , and
smudges with proper non-abrasive lavatory cleaner. Graffiti
shall be removed where possible.
X
i. All baseboards shall be damp-wiped. X
j. Ventilating diffusers and light lenses within reach shall be
dusted.
X
k. Restroom daily cleaning services , including supply
replenishment; clean and disinfect counters, basins, toilets,
partitions, urinals, light switches, mirrors, doorknobs,
floors; empty and sanitize waste cans and receptacles, will
be performed per the Scope of Work. Our team will be
properly trained to follow the description of services as per
the Scope of Work. Cleaning tools used include but are not
limited to: cleaning cloths, trigger spray bottles, wet mop
and handles, buc kets with wringers or 1 bucket and pump
up sprayer, broom and dust pan, liners for waste receptacles,
bowl swab, clean bucket for rinse water, wet floor signs,
gloves, and goggles.
Floor Maintenance
a. Dust Mopping Floors: Non -carpet floors shall be dust
mopped with a treated yarn dust mop daily , with special X
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Daily
Weekly
Monthly
Quarterly
Annually
attention being given to areas under desks and furniture to
prevent the accumulation of dust and dirt.
b. Wet Mopping: All hard surface floors shall be damp
mopped when dirt cannot be swept or dusted, and spots shall
be removed daily. Thorough wet mopping will be
performed 2 times per week.
X
c. Floor Refinishing and Buffing: All building standard
resilient floors shall be refinished with Underwriters
Laboratory-approved floor finish materials. The frequency
of the refinishing shall be determined by the amount of wear
caused by weather, traffic and other conditions. The floors
and traffic areas shall be treated so as to maintain a uniform
appearance throughout the buildings.
X
d. Stripping, Machine Scrubbing and Refinishing: This
operation shall be accomplished depending on the need to
remove dirt -embedded finishes, stains, spillage , and
buildup.
X
e. We have a team of floor care technicians trained in the
various floor care services required by this contract.
Carpeted floors, concrete floors, VCT tile floors, and wood
floors will all be cleaned per the Scope of Work and in
compliance with the manufacturer’s recommendations.
Cleaning tools used include, but are not limited to: Mop
heads with handles, buckets with wringers, brooms and dust
pans, floor machines, stripping pads, wet/dry vacuums,
floor squeegees, stand up scrubber, wet floors signs, gloves,
goggles, protective footwear, high speed floor machines,
white pads, trigger spray bottles, dust mops, walk off mats,
exterior broom, vacuum cleaners, extraction machines,
carpet spotter, vacuum bags, hand scrub brush and bucket,
protective pads for furniture legs, putty knife.
Stairways and Elevators
a. Stairways and Landings: All stairwells and landings shall be
swept or dust-mopped daily and/or vacuumed. X
b. Railings, ledges, and equipment shall be damp-wiped. X
c. Stairways will be fully damp-mopped. X
d. Elevators: The interior surfaces, door exteriors, and fixtures
for the elevators and the elevator lobby doors shall be
dusted and damp-wiped.
X
e. All carpets will be vacuumed nightly and spot cleaned as
needed. X
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Daily
Weekly
Monthly
Quarterly
Annually
f. All hard surface floors will be dust-mopped and damp -
mopped daily. X
Lounge/Kitchen Cleaning
a. Sweep and mop the floor, move work stations and chairs to
mop underneath. X
b. Disinfect and clean all door handles. X
c. Disinfect and clean sinks. X
d. Empty trash bins and replace liners. X
Janitorial Closets
a. Leave area clean and organized. X
b. Sweep and mop floors. X
c. Clean janitor sinks. X
d. Keep equipment clean and operable. X
2.4 Chart of Measurable Performance Standards
Please see the response for CLIN 0001 in section 1, heading 1.4
2.5 Deduction of Payment Schedule
Please see the response for CLIN 0001 in section 1, heading 1.5
2.6 Response Time to Correction of Reports
Please see the response for CLIN 0001 in section 1, heading 1.6
2.7 Management Approach
Please see the response for CLIN 0001 in section 1, heading 1.7
2.7.1 Quality Control Plan
Please see the response for CLIN 0001 in section 1, heading 1.7.1
2.7.2 Number of employees, job description, and hourly rates
Please see the response for CLIN 0001 in section 1, heading 1.7.2
2.8 Key personnel
Please see the response for CLIN 0001, section 1, heading 1.8
2.9 Past Performance
Please see the response for CLIN 0001 in section 1, heading 1.9
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2.10 Annual Line-Item Budget
The Annual Line-Item Budget has been addressed in Part II – Price Proposal, under heading 1.2.1
3 Subcontracting Plan
TEAM TPM
TPM Group is a Certified Business Enterprise (CBE) in the District of Columbia. Notwithstanding
our expertise and experience as a trusted UDC vendor, we will engage the industry experience of
Bolana Enterprises, Inc. (“Bolana”) as a subcontractor to augment our service offerings to UDC.
Bolana is a District of Columbia CBE /SBE and a full -service janitorial
services company. Bolana offers a science -based approach to cleaning to
protect health and the environment. Bolana is Green Seal GS-42 Certified
and committed to providing excellent cleaning services while making a conscious effort to lessen
our impact on the environment. Serving commercial, government, and higher education clients
in the Washington, DC region, Bolana’s approach and experience in providing clean and healthy
environments for its clients will further bolster TPM’s experience as a trusted long -term UDC
vendor and industry leader in providing a wide range of building-related services.
TPM will integrate, manage, and control all janitorial activities, serving as an effective single point
of contact for contract issues and responding in real time to evolving requirements. Our Project
Manager will have overall program responsibility and ac countability for team performance. Our
messaging, collaboration, and legacy project managers will oversee contract performance.
Personnel from each company will work together as a single team under the Project Manager
toward common performance goals. Our i ntegrated approach will ensure that we manage team
members efficiently, with TPM as the UDC’s single point of contact.
Bolana brings its Green Seal certification and Green cleaning expertise to our team, in addition to
its vast experience in providing superior janitorial services to institutions of higher education,
including but not limited to the University of Maryland a nd the US Naval Academy. If awarded,
we anticipate incorporating Bolana’s resources under the direction and leadership of TPM’s Project
Manager as follows:
Assigned areas:
• UDC Airport Hangar No. 2
• UDC Community College Lamond Riggs
• UDC Workforce Development Bldg. 72
• UDC Student Center
Assigned personnel:
• Area Manager
• Lead General Cleaners
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o General Cleaners
• Lead Floorpersons
o Floorpersons
• Restroom Cleaners
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3.1 Attachment J.9
University of the District of Columbia
Janitorial Services
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University of the District of Columbia
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University of the District of Columbia
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University of the District of Columbia
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4 General Requirements
4.1 Contract Administrator (CA)
TPM Group will comply fully with the University of the District of Columbia’s personnel
onboarding requirements. Within five days of receiving the Notice of Intent to Award, TPM will
submit to the Contract Administrator a complete set of required documentation for each
prospective employee. This includes the individual's full name, residential address, Social Security
number, a copy of valid government -issued identification, and proof of completed or pending
background security checks. All information will be transmitted securely and in accordance with
data protection protocols.
To align with the University’s operational schedule, TPM will implement a two -shift janitorial
staffing structure. The first shift will operate from 8:00 a.m. to 5:00 p.m., Monday through
Saturday, focusing on daily cleaning and daytime support services. The second shift will run from
2:00 p.m. to 10:00 p.m., Monday through Friday, concentrating on floor care, disinfection, and
evening sanitation tasks. Site Supervisors will oversee daily shift coverage and ensure service
continuity through designated floaters and on-call relief staff.
Our approach ensures that all personnel are vetted appropriately and that services are delivered
reliably across the University’s facilities during all operational hours.
4.2 Facilities and Locations
TPM Group understands the comprehensive scope of janitorial services required by UDC across
its diverse campuses and facilities. We are fully prepared to deliver high -quality, consistent
cleaning services that maintain the University’s academic, administrative, and research
environments to the highest standards.
Janitorial services will be provided Monday through Friday between 8:00 a.m. and 10:00 p.m.,
excluding federal holidays. Our trained staff will service all designated areas , including but not
limited to: office spaces, classrooms, laboratories, restrooms, hallways, conference and meeting
rooms, entrances/exits, waste receptacles, and specialized zones such as gymnasiums, libraries,
cafeterias, and mechanical areas.
a. UDC Van Ness Campus – Main Campus
Located across multiple addresses on Connecticut Avenue NW, this campus includes thirteen
buildings of varying function and complexity. Our cleaning teams will be assigned by building
clusters, with site-specific protocols established for:
• Academic buildings (e.g., Engineering, Math, Health Sciences) requiring routine lab
sanitation, classroom upkeep, and specialized equipment area cleaning.
• Administrative and student services facilities (e.g., Buildings #38, #39, #70, #71), where
cleaning will emphasize high-touch surfaces, meeting rooms, and office spaces.
• Recreational and public spaces (e.g., Auditorium, Music Department, E.B. Henderson
Sports Complex), requiring frequent restroom maintenance, event space readiness, and
floor care.
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• Shared-use areas like the Student Center (Building #56), amphitheater, cafeteria, mailroom,
swimming pool, and three-deck parking garage, which will receive targeted daily service
supported by porter staff for continuous upkeep.
Our cleaning plan will also cover all external features, including walkways, plaza decks, and
entrances, to maintain a welcoming and sanitary environment across the main campus.
b. Workforce Development at Old Congress Heights
This three-story facility, located at 3100 Martin Luther King Jr. Ave SE, contains classrooms, labs,
and large community-use corridors. TPM will implement a service model tailored to accommodate
high foot traffic and community events. Special attention will be given to hallway surfaces and lab
cleanliness, along with frequent restroom sanitation.
c. UDC Community College – Lamond Riggs (Bertie Backus Site)
At 5171 South Dakota Avenue NE, this educational facility houses classrooms, faculty offices,
computer labs, and conference rooms. Our team will provide detailed care for both carpeted office
areas and vinyl-tiled hallways, using appropriate green-certified cleaning equipment and solutions
to preserve flooring integrity and minimize environmental impact.
d. Reagan National Airport – Hangar #2
Located within a specialized aviation training environment, this facility presents a mix of
workshop concrete floors, carpeted offices, and tiled hallways. TPM will deploy trained personnel
familiar with industrial spaces to manage dust, debris, and specia lized spill prevention in the
workshop area, while maintaining a clean and professional environment in the adjacent educational
and office spaces.
e. UDC Firebird Research Farm – Beltsville, MD
This rural facility consists of two trailers containing restrooms and a training room. Our janitorial
team will perform weekly and on -call cleanings based on occupancy and usage levels, ensuring
sanitary conditions for both educational and research staff.
5 Standard Services
TPM Group acknowledges and accepts the requirement to provide all standard janitorial services
as part of the base monthly price for each facility under this contract. In accordance with the
solicitation, TPM will furnish all necessary resources , including management oversight, trained
personnel, cleaning materials, consumable supplies, and equipment to perform the full range of
services outlined in Section C.
5.1 Daily Services to Be Performed in All Buildings Restrooms
TPM Group will deliver comprehensive daily restroom cleaning and sanitation services across all
buildings under UDC contract. Our approach is structured to meet high-frequency usage demands
while aligning with LEED Platinum green -cleaning standards and indoor environmental quality
(IEQ) goals. We recognize restrooms as critical service areas, and thus prioritize them i n our
janitorial operations to ensure they remain clean, safe, and fully operational throughout the service
day.
a. Daily Cleaning and Disinfection Procedures
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TPM will conduct thorough daily cleaning using Green Seal-certified disinfectants and microfiber
tools designed to minimize chemical impact and optimize soil removal. Cleaning tasks will
include:
• Cleaning and disinfecting of all restroom surfaces including floors, countertops, basins,
toilet partitions, toilets, urinals, light switches, mirrors, doorknobs, and showers (where
applicable).
• Use of EPA-registered disinfectants that comply with LEED Indoor Environmental Quality
requirements and are appropriate for restroom sanitation.
• Particular focus on high -touch surfaces to prevent cross -contamination and the spread of
bacteria and viruses.
b. Enhanced Cleaning Schedule
Each restroom facility will receive enhanced servicing three (3) times daily, scheduled during peak
use periods (e.g., mid-morning, afternoon, and early evening). Tasks include complete inspection,
restocking, and touch-up cleaning. All services will be electronically logged and made available
to UDC oversight personnel.
c. Sanitization Equipment and Protocols
To support weekly deep sanitization, TPM will utilize the KAIV AC Cleaning System, Model
#KV2150, Serial #2150 -3249, a high -performance, no -touch cleaning solution that combines
pressure washing, vacuum extraction, and chemical application in a single system. This equipment
is approved for use in LEED-certified environments and is especially effective for restrooms with
heavy daily traffic.
• Weekly deep sanitization will be scheduled for all restrooms using the KAIV AC system.
• To maintain continuity in the event of equipment malfunction or unavailability, TPM will
provide alternative, green-certified sanitizing equipment, such as HEPA-filtered foggers or
electrostatic sprayers.
• Preventive Maintenance and Detailing
• To prevent the build -up of scale and residue, toilet bowls and urinals will be descaled
routinely using non-toxic, environmentally friendly descalers.
• Drains will be inspected to ensure functionality and cleaned if necessary to prevent odor or
backflow.
• Mirrors, stainless steel surfaces, and fixtures will be cleaned and polished to a smudge-free
finish.
d. Restocking and Inventory Control
TPM will maintain a minimum seven-day back stock of all essential restroom supplies, monitored
weekly:
• Hand soap and sanitizer (low-VOC, biodegradable)
• Toilet paper and seat covers
• Paper towels
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• Urinal screens and eco-friendly air fresheners
Supplies will be replenished during each shift’s service cycle, ensuring no lapse in product
availability.
e. Waste Management
Restroom waste bins, including sanitary disposal containers, will be emptied, disinfected, and
relined during each service cycle. TPM adheres to OSHA standards for biohazard handling and
maintains clean, odor-free receptacles across all facilities.
f. Operational Readiness Standard
TPM will ensure that all restrooms across all UDC campuses are fully cleaned, restocked, and
ready for use by 8:30 a.m. daily. Completion is verified through timestamped digital checklists and
documented in our centralized QA dashboard.
5.2 Interior Space, Offices
TPM Group understands the critical importance of maintaining clean, orderly, and presentable
interior office environments at the University of the District of Columbia. Our cleaning protocols
for interior spaces , particularly faculty offices, administrative areas, and shared work
environments, are structured to support daily functionality, health, and aesthetic standards while
respecting the operational integrity of each workspace.
All services are executed using Green Seal -certified products, microfiber cloths, and low -noise
equipment to support LEED green -cleaning standards and minimize disruption in active office
areas.
a. General Surface Cleaning
• All horizontal and vertical surfaces below 8 feet in height will be dusted using treated
microfiber cloths, which trap fine particulate matter and reduce allergen circulation.
• Special attention is given to workstation surfaces, counters, and tables, ensuring they
remain free from dust, crumbs, dirt, and smudges.
• Surfaces are wiped with neutral pH cleaners that are safe for electronics and do not interfere
with sensitive documents or equipment.
b. Glass and Furniture Care
• Glass partitions, interior windows, and desktop glass inlays are cleaned daily to ensure they
remain free of fingerprints, smudges, or dust accumulation.
• Office furniture, including chairs, shelves, and cabinets, is dusted and spot -cleaned as
needed. All visible surfaces will be kept clean and free from debris, and furniture will be
realigned to its original configuration after service completion.
c. Floor and Carpet Maintenance
• Carpeted areas will be vacuumed daily with HEPA -filtered vacuums and spot -cleaned as
necessary to eliminate stains and maintain a professional appearance.
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• Hard flooring, particularly those requiring a finish, will be maintained to preserve a high -
luster sheen and kept free of scratches, scuff marks, and debris through routine polishing
and buffing as required.
• Wood paneling, often found in executive offices or conference rooms, will be cleaned with
appropriate non-abrasive agents to remove streaks, fingerprints, and surface dust without
compromising the finish.
d. Operational Sensitivity
• TPM staff are trained to avoid disrupting active workspaces. Personal belongings,
confidential documents, and desktop arrangements are left untouched.
• Cleaning is scheduled outside of peak office hours whenever feasible to avoid interfering
with academic or administrative activity.
• Staff are instructed to remain respectful and professional in office environments and to
follow pre-approved entry and exit protocols.
5.3 Classrooms, Lecture Halls, and Meeting Spaces
TPM Group recognizes the University of the District of Columbia’s ongoing commitment to
maintaining a safe, healthy, and academically conducive environment, especially in high -
occupancy, high-turnover learning spaces such as classrooms, lecture halls, and meeting a reas.
While the Centers for Disease Control and Prevention (CDC) has officially lifted mandatory
COVID-19 precautionary measures, TPM maintains a proactive approach by implementing routine
deep-cleaning of high -touch surfaces and post -use sanitation protocols, in alignment with both
CDC best practices and the University's elevated hygiene expectations.
a. Enhanced Disinfection of High-Touch Surfaces
TPM performs daily and event -based deep cleaning of all high -touch surfaces in instructional
spaces, using EPA-registered disinfectants approved for use in LEED -compliant green-cleaning
programs. The following touchpoints are sanitized regularly, with frequency increasing in spaces
that experience multiple sessions per day:
• Desks and chairs, including armrests and undersides
• Computer mice, keyboards, and monitor tops
• Phones, lockers, cubbies, and podium equipment
• Window sills, door frames, push bars, doorknobs
• Elevator buttons and handrails in adjacent lobbies
• Light switches, thermostats, and control panels
• Restroom fixtures including faucet handles, toilet handles, paper towel dispensers, and stall
locks
• Shower and locker room benches, doors, and lockers, where applicable
• Office common areas within academic departments
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TPM staff are equipped with color -coded microfiber cloths and electrostatic sprayers to ensure
thorough and safe application of disinfectant products. The KAIV AC Cleaning System, Model
#KV2150, Serial #2150-3249, is also deployed for weekly deep sanitization of high-use academic
buildings and locker facilities.
b. Classroom and Lecture Hall Cleaning Protocols
In instructional spaces, TPM ensures that all surfaces and furniture are visibly clean, properly
aligned, and ready for next-day or next-session use:
• Whiteboards and chalkboards are washed and free of writing residue, while trays are
cleaned and wiped dry.
• Chairs and desks are realigned after each service session to their standard configuration.
Specifically, all student chairs are positioned facing the instructional board, with one table
and one chair placed at the front of the room, facing the class.
• Computer desks and surrounding surfaces are dusted and disinfected daily.
• Hard floors are swept and mopped with green -certified solutions. Visible dirt, dust, and
spots are removed promptly.
• Carpeted lecture halls, if applicable, are vacuumed using HEPA-filtered machines and spot-
treated for stains on a rolling basis.
c. Post-Use and Event-Based Cleaning
Classrooms, lecture halls, and meeting spaces that are scheduled for multiple uses per day or for
special events will receive enhanced post -use cleaning. This includes the full disinfection of
surfaces and restaging of furniture between uses. TPM coordinates closely with UDC’s scheduling
and facilities management teams to receive event calendars and ensure cleaning staff are deployed
immediately after each use.
All cleaning procedures are documented in digital logs accessible to UDC's Contracting Officer's
Representative (COR). These logs detail the date, time, staff assigned, services performed, and any
deficiencies identified and corrected.
5.4 Entrance, Corridors, and Lobby Areas
TPM Group acknowledges the University of the District of Columbia’s expectation for
maintaining highly visible, high -traffic areas , such as entrances, corridors, and lobbies , in a
consistently clean, safe, and welcoming condition. These spaces represent the University’s public
image and serve as critical zones for occupant health and safety. Our janitorial strategy for these
areas is grounded in enhanced cleaning protocols, rea l-time visual inspection, and LEED -
compliant maintenance methods.
a. Daily Enhanced Cleaning Frequency
All lobby areas, building entrances, and corridors will receive enhanced cleaning at least twice
daily, with additional spot cleaning as needed throughout the day. Cleaning schedules are
coordinated with building usage patterns to ensure minimal disruption to faculty, staff, students,
and visitors while sustaining high levels of cleanliness during the University’s operational hours
(Monday through Friday, 8:00 a.m. – 10:00 p.m.; Saturday, 8:00 a.m. – 5:00 p.m.).
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b. Lobby Areas and Building Entrances
• Floors and Surfaces: Lobby flooring, including tile, vinyl, or carpeted surfaces, is cleaned
multiple times per day to remove dirt, gum, litter, dust, and debris. TPM staff use Green
Seal-certified detergents and microfiber mops to ensure floors remain fre e from residue,
scuff marks, or spills.
• Entrance Mats: Floor mats at all entry points are vacuumed and spot -cleaned twice daily
or more frequently during inclement weather. Moisture and soil underneath mats are
removed, and mats are returned to their designated alignment.
• Exterior Approaches: Immediate exterior areas at building entrances are checked
continuously for debris, leaves, trash, and dirt. Any visible accumulation is promptly
addressed to maintain a clean threshold in the building.
• Spot Cleaning Protocols: High-traffic points, such as visitor seating, trash receptacles, and
display areas, are cleaned on a rolling basis throughout the day. Staff monitor these zones
during scheduled rounds to prevent buildup or unsightly conditions.
c. Doors and Windows
• Glass Panels and Frames: The interior sides of all entry doors and windows are cleaned
daily. Spot cleaning of the exterior surfaces is performed as needed to maintain a smudge-
free, clear appearance. Staff ensure no film, streaks, or watermarks remain after cleaning.
• Door Handles and Touchpoints: High -touch areas, including handles, push bars, and
handrails, are disinfected multiple times per shift using green, hospital-grade disinfectants
to mitigate the spread of germs and viruses. This is particularly emphasized dur ing flu
season or in periods of increased public health concerns.
d. Corridors and Hallways
• Floor Surfaces: All corridor floors are swept and damp-mopped at least once per shift using
low-moisture mopping techniques to prevent slips and reduce chemical residue. Special
attention is given to corners and high-traffic intersections where dirt tends to accumulate.
• Visual Order and Cleanliness: Corridors must remain free of litter, dirt, boxes, and any non-
approved stored furniture or equipment. All spills, sticky residues, and foreign matter are
addressed immediately. Chairs and carts are promptly relocated if left unattended in
passageways.
• Furniture and Fixtures: Wall-mounted units, public seating, and handrails are dusted and
wiped down daily. Decorative features and signage are kept clean, aligned, and free from
fingerprints.
By adhering to a twice -daily enhanced cleaning schedule, leveraging eco -friendly cleaning
products, and ensuring continuous visual inspection, TPM maintains lobby, corridor, and entrance
areas that meet both functional cleanliness standards and the University’s expectations for aesthetic
appeal and environmental safety. Our approach supports health, safety, and institutional pride
across all UDC facilities.
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5.5 Drinking Fountain/ Hydration Stations
TPM Group recognizes the critical importance of maintaining clean and sanitary drinking
fountains and hydration stations, which serve as essential amenities for students, staff, and visitors
throughout the University of the District of Columbia’s campuses. These fixtures must meet high
standards of cleanliness and hygiene, particularly due to their frequent public use and direct contact
with potable water access points.
To meet these standards, TPM will implement enhanced cleaning procedures twice daily for all
drinking fountains and hydration stations across all UDC facilities. These procedures are designed
to remove physical debris, eliminate microbial contamination, and restore a polished, visibly clean
appearance to all water-dispensing fixtures.
Cleaning Procedures and Protocols
• Twice-Daily Enhanced Cleaning: Each unit is cleaned and sanitized a minimum of two times
per day, once during the morning shift and once in the evening shift. Additional cleanings may
be scheduled during peak usage periods or in response to specific service requests or weather-
related concerns.
• Sanitization: All surfaces, including the spout, water basin, activation buttons, and surrounding
areas, are disinfected using EPA-approved, Green Seal-certified sanitizers. Our process ensures
the elimination of bacteria, viruses, and biofilm while maintaining compliance with the
University's commitment to environmentally responsible cleaning.
• Surface Restoration: Polished metal and stainless steel components are wiped clean and buffed
to remove watermarks, streaks, stains, and encrustation. Special attention is given to scale,
scum, and rust deposits, which are removed with non -abrasive, LEED-compliant descaling
agents.
• Visual Standards: After cleaning, the drinking fountains and hydration stations are inspected
to confirm that all visible surfaces are free of smudges, residue, or foreign matter. Units are
left dry and streak-free, promoting both visual appeal and hygienic safety.
• Documentation: The site supervisor logs each cleaning task as part of TPM’s routine quality
assurance process. Inspections are verified during supervisory rounds, and results are uploaded
to the centralized quality dashboard accessible to the Contracting Officer’s Representative
(COR).
By integrating enhanced cleaning frequencies, green-certified sanitization practices, and real-time
inspection logs, TPM Group ensures that all hydration stations and drinking fountains across
UDC’s campuses remain clean, safe, and visually presentable at all times. Our practice supports
the University's broader public health objectives while contributing to a positive user experience
in high-traffic areas.
5.6 Facility trash and recyclables
TPM Group fully understands the importance of maintaining a clean, odor -free, and
environmentally responsible waste disposal system that aligns with the University of the District
of Columbia’s sustainability goals. Our approach to waste and recycling management is designed
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to support both daily operational cleanliness and the University's broader environmental initiatives,
including its recycling and conservation programs.
a. Trash Collection and Disposal Procedures
• Routine Trash Collection: Facility trash will be collected from all designated corridor waste
centers multiple times daily, especially in high -traffic zones, to prevent overflow and
unsanitary buildup. Our staff will ensure that trash receptacles are empti ed, wiped, and
relined with fresh liners to eliminate odors and residue from food and beverage waste.
• Office Suites and Large Receptacles: In areas where oversized trash bins are used,
particularly in administrative office suites, our janitorial teams will service these containers
daily. All waste is handled in compliance with OSHA and EPA guidelines, with staff trained
in safe handling and PPE use.
• Dumpster Area Maintenance: All exterior and interior dumpster areas will be kept clean
and orderly. Our staff will ensure that loose debris is immediately collected, and wind -
scattered trash is prevented through routine policing of the surrounding areas. Large items
such as broken furniture and wooden pallets will be disposed of in roll -off dumpsters as
specified by UDC.
b. Recycling Program Compliance
TPM supports UDC’s participation in a robust recycling initiative and will implement procedures
that ensure proper segregation and disposal of recyclable materials.
• Material Segregation: Recycling will be separated into the following streams:
o Paper Products: White paper, mixed paper, and newspapers
o Corrugated Boxes: Flattened and placed in appropriate recycling containers
o Commingled Items: Glass and plastic beverage bottles, aluminum and tin cans
• Dedicated Recycling Containers: Recycling bins will be clearly marked and maintained
separately from trash receptacles.
o Interior Containers: Large white corrugated or plastic boxes (approx. 42" high) will
be used for white and mixed paper, while smaller containers (approx. 18" high) will
be used for newspapers.
o Commingled Items: Placed in designated containers not shared with paper
recyclables to avoid contamination.
• Labeling and Signage: All transport containers used to move trash and recyclables from
interior spaces to designated loading docks or collection points will bear bilingual signage
in English and Spanish. These labels will clearly identify the container’s c ontents and
purpose (e.g., “Recycling Only”).
• University-Designated Dumpsters: The final disposal of all recyclable materials will occur
in university-provided recycling dumpsters that are clearly labeled “RECYCLING USE
ONLY .” TPM staff will ensure that materials are placed in the appropriate bins without
cross-contamination.
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Janitorial Services
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TPM Group will uphold UDC’s cleanliness standards and actively contribute to the University's
sustainability objectives by maintaining a disciplined trash collection routine, enforcing source
separation of recyclables, and ensuring orderly waste transfer practices . Our team will
continuously monitor and refine trash and recycling protocols to support compliance, operational
efficiency, and environmental stewardship.
5.7 Cleaning of Exterior Grounds, Elevators, Floors, and Parking Areas:
TPM Group is committed to delivering high standards of cleanliness and environmental
stewardship across both interior and exterior campus environments. Our janitorial service model
integrates proactive oversight and customized cleaning protocols to ensure that all exterior
grounds, vertical circulation spaces like elevators, and specialty surfaces such as wood and
windows remain safe, sanitary, and visually appealing throughout the year.
a. Exterior Grounds, Sidewalks, Steps, and Parking Areas
TPM personnel will conduct daily cleaning and debris removal across all sidewalks, steps, parking
areas, parking ramps, and garages located at each facility. Our team s will monitor these spaces
during operational hours to promptly address windblown litter, leaves, sand, or incidental debris.
A designated groundskeeping crew will use push brooms, backpack blowers, and mechanized
sweepers to ensure consistent upkeep and s afety on all paved pedestrian pathways and vehicular
access points.
b. Elevators
All elevators across UDC buildings will be maintained in a clean and hygienic state. Our janitorial
staff will:
• Remove any graffiti, gum, smudges, or foreign substances upon discovery.
• Wipe down elevator panels, call buttons, mirrors, and doors regularly to remove
fingerprints and ensure a polished appearance.
• Vacuum and clean door sills and flooring, paying special attention to corners and tracks
where debris may accumulate.
• Service all elevator cabs at least twice daily, with additional cleanings during peak
academic and event periods.
c. Floors
TPM will perform daily sweeping and mopping of all hard floor surfaces, including classrooms,
lobbies, corridors, and common areas. Our teams will ensure that floors are:
• Free from visible dirt, dust, and spills.
• Treated with appropriate floor finishes to maintain safety and aesthetics.
• Immediately spot-cleaned in the event of stains or slip hazards.
Special care will be taken on floors requiring high -gloss finishes, using auto -scrubbers and
microfiber systems to maintain shine without buildup or streaking.
d. Wood Surfaces (Including Gym Floors)
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Wooden flooring, particularly in gymnasiums and assembly spaces, will be cleaned using non -
abrasive and moisture -controlled methods. Recognizing the susceptibility of wood to water
damage, TPM will:
• Avoid excess water during cleaning procedures.
• Use pH-neutral cleaners with lightly dampened microfiber mops.
• Ensure protective finishes are not compromised during service.
• Coordinate with facility management to preserve sealed wood areas, extending their
lifespan and appearance.
e. Windows, Glass Doors, and Door Transoms (Interior/Exterior - Up to 8 feet)
Glass surfaces, including windows, entry doors, and interior transoms, will be:
• Wiped daily using ammonia-free, streak-resistant solutions.
• Cleared of fingerprints, taped signage, smudges, and dust.
• Push bars and handicap access buttons will receive enhanced cleaning three times daily to
support hygiene and high-touch disinfection protocols.
f. Parking Garages and Receptacle Management
Parking garages and adjacent open-air parking lots will be serviced daily with a focus on:
• Emptying all trash receptacles and replacing liners.
• Sweeping and policing loose litter from all lanes and walkways.
• Ensuring all drainage systems remain unobstructed, especially during inclement weather
seasons to prevent pooling or flooding.
• Using mechanized sweepers on scheduled intervals for comprehensive cleaning of garage
decks.
g. Plaza Decks, Amphitheater, and Outdoor Fountains
Public gathering areas such as the plaza deck, amphitheater, and fountains will be maintained to
high aesthetic and sanitary standards, particularly during periods of increased foot traffic in warmer
weather months. TPM will:
• Spot-sweep plaza surfaces daily and remove debris as it accumulates.
• Empty trash bins throughout these areas with increased frequency during events or
community programming.
• Screen and clean outdoor fountains, removing floating litter and maintaining the aesthetic
quality of the water features.
• Monitor amphitheater seating and stage areas to ensure that trash and windblown debris
are promptly removed, preserving a clean and welcoming environment.
Through our comprehensive and responsive approach, we ensure that UDC’s exterior and
specialized facilities reflect the professionalism, safety, and sustainability that align with the
University’s standards. Regular inspections, environmentally responsible practices, and dedicated
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staffing make our plan effective and adaptable to the dynamic needs of a higher education
environment.
5.8 Corridor Sanitizer Dispensers and Lounges/Food Eating Areas
TPM Group will implement a structured sanitation and hygiene protocol for all corridor sanitizer
dispensers and lounges/food consumption areas, ensuring consistent health standards, infection
control, and aesthetic upkeep throughout University facilities.
a. Corridor Hand Sanitizer Dispensers
TPM will be responsible for the full maintenance and supply of all corridor-mounted hand sanitizer
dispensers. These units are essential for occupant hygiene and infection prevention in high-traffic
zones. Our procedure includes:
• Daily servicing and inspection of all dispensers for functionality and inventory levels.
• Refilling dispensers with Purell brand sanitizer, a recognized industry -standard solution with
>60% alcohol content for effective hand sanitization.
• Sanitizing dispenser surfaces to remove buildup, smudges, or microbial residue.
• Replacing malfunctioning units immediately to ensure 100% uptime across all designated
hallway locations.
All servicing activities will be documented via digital checklist and integrated into the building's
custodial logs, available for UDC oversight review.
b. Lounges and Food Eating Areas
TPM understands that lounges and food service areas require elevated hygiene protocols to
mitigate contamination risks and maintain compliance with public health guidelines, especially in
shared academic environments. Our custodial program includes the following measures:
• Daily Cleaning Tasks:
o Clean all floor surfaces, countertops, sinks/basins, light switches, and frequently
touched surfaces, including doorknobs and panic bars.
o Trash receptacles will be emptied at least once per day (or more frequently if filled),
with replacement liners installed. Lids will remain tightly closed when not in use to
prevent pest attraction and odor spread.
o Microwave interiors and exteriors will be cleaned daily and kept free of grease, spills,
or food debris.
• Disinfection Protocols:
o Following the initial cleaning cycle, disinfectant-grade chemicals (EPA-approved) will
be applied to all food-contact and hand-contact surfaces, including countertops, tables,
and basins.
o Tables and chairs, including undersides, will be cleaned and disinfected after each use
or meal period to maintain hygiene in communal settings.
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o Floor disinfection will be conducted daily, with additional spot cleaning as needed
during peak use periods.
• Post-Use Maintenance:
o All surfaces where food consumption occurs will be cleaned and disinfected
immediately following each use. This includes common tables, preparation counters,
and shared appliances.
o TPM staff will ensure all floor drains are functioning and odor -free. In the event of a
blockage or slow drainage, hot water flushes and physical cleaning will be applied to
prevent clogs and biological odors.
o Floors will remain free of food debris, spills, or signs of bio -contamination through
periodic sweeping, mopping, and disinfecting cycles.
These services are scheduled and executed by trained janitorial personnel using color -coded
microfiber cloths, LEED-compliant green cleaning products, and non -toxic disinfectants safe for
food-contact surfaces. All cleaning staff receive task -specific trai ning aligned with UDC’s
sanitation standards and public health compliance obligations.
6 Weekly Services to Be Performed in All Janitorial Services 22
Buildings
6.1 Dusting
TPM Group recognizes the importance of thorough and consistent dusting practices as a
fundamental aspect of a clean and healthy indoor environment. Our dusting protocol is designed
to uphold the aesthetic, air quality, and hygiene standards expected within high -traffic academic,
administrative, and public-use spaces across all UDC facilities.
Under this service category, our janitorial teams will clean all horizontal and vertical surfaces
under seven feet in height with meticulous attention. This includes desks, counters, and tables
located in operational areas as well as surfaces situated behi nd monitors and under workstations.
Treated microfiber dust cloths will be used to effectively trap and remove dust without
redistributing particles into the air, thereby supporting indoor air quality and minimizing allergen
accumulation. Beyond routine su rface dusting, our teams will actively monitor for and remove
cobwebs from high corners, ceiling lines, baseboards, and floor edges to maintain a visually clean
and professional environment. Special attention is paid to window sills and lower ledges, which
will be cleaned periodically to prevent dust buildup and streaking. Soft furnishings in reception
areas, such as fabric-covered sofas and upholstered chairs, will be vacuumed on a monthly basis
using HEPA-filtered vacuums to remove embedded dust and maintain cleanliness in shared waiting
and greeting spaces.
Dusting within the main lobbies and other prominent public areas will be executed with increased
frequency. These high-visibility zones will be kept entirely free of dust, dirt, and unsightly debris.
Our custodial personnel will ensure that surfaces in these areas remain pre sentable throughout
operational hours, with all paper litter, empty bottles, or other materials promptly removed. Wall-
mounted and freestanding trash receptacles will also be wiped and maintained in a neat, hygienic
condition, with no ac cumulation of gum, tar, or other foreign residues. In addition to standard
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fixtures, specialized attention will be directed toward less obvious dust -prone objects such as
credenzas, file cabinets, computer equipment, light fixtures, bookshelves, storage lockers, window
blinds, and interior vents. These components, while often overlooked, are essential to delivering a
uniformly clean visual standard across academic and professional environments. Elements like
handrails, framed artwork, clocks, fire extinguisher enclosures, and ceiling fans will also be
included in scheduled dusting routines.
TPM’s integrated dusting approach is supported by trained custodial professionals, detailed task
schedules, and building-specific cleaning protocols to ensure all spaces reflect a consistent level
of care and attention, contributing to a healthier, greener , and more inviting university
environment.
6.2 Carpet Spot Cleaning and Office Vacuuming
TPM Group’s carpet maintenance and vacuuming program is designed to ensure that all carpeted
areas across UDC facilities maintain a clean, professional, and healthy appearance. Our custodial
staff is trained to deliver a high standard of care for both wall -to-wall carpeting and area rugs
located in walkways, foyers, and individual offices, with specific attention to spot cleaning,
vacuuming techniques, and the preservation of carpet integrity.
All carpeted surfaces are to remain clean and free of visible dirt, dust, debris, and stains. Daily
inspections are conducted in high-traffic areas such as main lobbies and public corridors to assess
appearance, remove footprints, loose soil, or other marks, and ensure the surfaces remain neat and
welcoming. These spaces may require daily vacuuming, and TPM’s personnel are prepared to
provide such services with flexibility and consistency. Vacuuming will extend to all accessible
carpeted areas, including the perimeter and areas around and under furniture. Where necessary,
lightweight items such as trash receptacles and chairs will be temporarily moved to allow for a
thorough clean. The goal is to eliminate all traces of dust, debris, and buildup in corners, under
desks, and around fixtures without disturbing the functional arrangement of the space. Carpet nap
will be properly aligned and brushed in a uniform direction upon completion, creatin g a visually
consistent finish.
Spot cleaning is conducted as needed and prioritized when stains, smudges, or crusted material
appear on any section of carpeting. TPM’s trained technicians use gentle, fabric -safe cleaning
agents and soft mechanical agitation to address these blemishes. Great care is taken to avoid over-
rubbing, which may cause fuzzing or damage to the carpet pile. Cleaned areas will be blended
seamlessly with surrounding carpet to maintain a uniform appearance. If a stain is found to be
permanent or beyond the scope of re mediation, it will be promptly reported to the Contract
Administrator (CA) for further instruction. As part of routine inspections, our staff will also
identify and report any damage to carpet such as tears, burns, or unraveling. These issues will be
escalated immediately to UDC’s designated point of contact to ensure timely maintenance or
corrective action. In addition, TPM’s team takes care to protect baseboards, walls, and furniture
during the vacuuming process. If contact marks or scuffs are accidentall y created, our staff will
clean the affected areas promptly and professionally.
All vacuum equipment used by TPM will be maintained in top operating condition and fitted with
clean, effective dust-filtering bags to prevent the redistribution of particles into the air. By adhering
to this detailed and responsive approach, TPM ensures that the University’s carpeted environments
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remain visually appealing, hygienically maintained, and supportive of a positive campus
experience.
6.3 Elevator Cleaning
TPM Group approaches elevator cleaning with a detailed and safety-conscious protocol to ensure
that each unit across the University of the District of Columbia’s campuses remains clean,
hygienic, and fully operational. In accordance with contract specifications, ea ch elevator will be
cleaned weekly, using a systematic process that emphasizes thoroughness, equipment protection,
and passenger safety.
Prior to cleaning, the elevator is properly removed from automatic service mode to prevent
unintended operation during the cleaning process. TPM’s staff is trained never to wedge elevator
doors open, thereby protecting the mechanical systems and ensuring c ompliance with elevator
safety protocols. Once the elevator is secured, the cleaning process begins with the removal of all
dust and particulate matter from horizontal and vertical surfaces, including control panels, interior
walls, and louvers. A treated dust cloth is used to ensure static removal of dust while minimizing
redistribution into the cabin air. Carpeted elevator flooring is vacuumed and spot -cleaned to
eliminate stains, dust buildup, and debris. For non -carpeted elevator floors, the surface is damp -
mopped and spray-buffed to restore shine and cleanliness, followed by precision cleaning of the
door tracks and grooves. These tracks are cleaned using a specialized machine designed to remove
embedded grit, sand, and fine debris that can impair eleva tor door performance and compromise
safety. Elevator walls receive a comprehensive spot -cleaning treatment to remove fingerprints,
smudges, and surface grime. Stainless steel and brass finishes are carefully polished to maintain
their aesthetic quality, using non -abrasive, metal -safe products that e nhance luster without
scratching or dulling. Light fixtures within the cab are damp-wiped to remove dust, ensuring clear
illumination and contributing to the overall appearance of cleanliness and order.
6.4 Spray Buff Floors and Floor Care
TPM Group delivers spray buffing and floor care services with precision and consistency to ensure
that all hard floor surfaces across UDC maintain a clean, polished, and professional appearance.
Our floor care operations focus especially on high -traffic zones such as entrances, lobbies, main
corridors, hallways, and vending machine areas, where foot traffic and wear are most pronounced.
Spray buffing is performed as a scheduled maintenance task and begins with a thorough damp
mopping of the targeted area to remove surface dirt and debris. Once pre-cleaned, floors are treated
using high-performance scrubber/polishing machines that restore the luster and shine of the surface
without damaging the underlying finish. Our machines apply a fine mist of approved floor finish
restoration solution, which is then evenly distributed and burnished to create a uniform gloss across
the entire floor area. The result is a smooth, high -luster surface that enhances the overall
presentation of the space while improving slip resistance and longevity. Special care is taken to
ensure that the finished floor is free of any visual defects such as streaks, mop strand marks,
skipped areas, or product buildup. Attention is given to edges, corners, and baseboards to prevent
the accumulation of polish residue o r buffing marks. Where needed, hand detailing is used to
remove any finish overflow or machine contact marks on adjacent surfaces. To support
comprehensive coverage, all areas accessible to floor care equipment are swept, mopped, and
buffed. Chairs, trash receptacles, and other movable objects are temporarily relocated to allow
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cleaning underneath, ensuring no part of the floor is neglected. Once service is completed, all items
are returned to their original positions, maintaining the room’s setup.
TPM’s meticulous spray buffing and floor care practices contribute significantly to the professional
appearance and cleanliness of UDC facilities, extending the life of flooring materials while
aligning with the University’s aesthetic and safety expectations.
6.5 Clean Stairways and Landings
TPM Group approaches stairway and landing cleaning with the same precision and high standards
applied throughout our janitorial operations to ensure safety, cleanliness, and aesthetic integrity.
Stairway floor surfaces are routinely swept and mopped in accordance w ith the established floor
care schedule, with specific cleaning methods tailored to the type of flooring be it concrete, vinyl,
tile, or carpet to prevent surface damage and preserve appearance.
As stairways are high -traffic and critical safety areas, special attention is paid to the complete
removal of grime, grease, gum, and scuff marks that typically accumulate from foot traffic.
Handrails and stair guards are disinfected and polished to maintain hygiene and a well-maintained
appearance, particularly in areas subject to frequent physical contact. These surfaces are treated
with appropriate disinfectants and polish agents that comply with EPA and LEED green-cleaning
standards. Baseboards and vertical risers are similarly cleaned to eliminate dirt and buildup that
may collect in crevices or edges. Walls adjoining stairwells are spot -cleaned and wiped down to
remove marks, smudges, and any foreign matter that detracts from the visual cleanliness or could
suggest neglect.
TPM ensures that all cleaning agents and tools used in stairwells and landings are chosen for their
compatibility with the materials in place and for their effectiveness in removing residue without
leaving behind slippery surfaces or chemical odors. By mai ntaining a consistent and thorough
cleaning regimen, TPM guarantees that all stairways and landings across UDC campuses remain
safe, visibly clean, and in compliance with both appearance and health standards.
7 Monthly Tasks Performed
7.1 Auditorium Stage/ Gymnasium
a. Auditorium Stage / Gymnasium Floor Maintenance
TPM Group recognizes that the auditorium stage and gymnasium floors are high -visibility, high-
use surfaces that require specialized maintenance. These floors will be scrubbed using a non -
ammoniated, low-suds cleaning solution specifically selected to preserve the integrity of the finish
and prevent surface damage. The use of low -sudsing agents ensures residue-free cleaning, which
minimizes slip hazards and enhances floor appearance. Special attention will be given to the grain
and construction of wood flooring commonly found in such spaces to ensure the cleaning process
supports both longevity and aesthetic quality. Floors will be serviced using professional-grade auto
scrubbers equipped with non-abrasive pads, and edge work will be completed manually to ensure
no area is missed.
b. Classrooms / Meeting Spaces / Laboratories – Floor Care
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The flooring in classrooms, meeting spaces, and laboratories will be maintained to a high -luster,
professional finish through a scheduled program of damp mopping, scrubbing, and buffing. Our
janitorial team will use an auto scrubber or low -speed polisher with eco-friendly floor finishes to
remove dirt, grime, and scuff marks. Surfaces will be left free from streaks, mop strand residue,
and missed patches. Special care is taken to eliminate buildup in corners and crevices, ensuring a
uniform appearance throu ghout. Prior to cleaning, chairs, trash receptacles, and other movable
furnishings will be relocated to allow full access to all floor areas. Walls, baseboards, and any
adjacent surfaces will be protected from finish splatter or machine markings. Post -cleaning
inspections will verify that all surfaces are evenly coated and spot-free, aligning with both aesthetic
and hygienic standards.
c. High Dusting / Overhead Cleaning
TPM will perform routine high dusting to eliminate accumulated dirt, cobwebs, and allergens on
surfaces located 7 feet and above. This includes overhead piping, exposed ceiling beams, HV AC
diffusers, and other vertical structures. Technicians will use exte ndable poles with treated
microfiber cloths or vacuum attachments fitted with HEPA filters to capture fine particulate matter
without dispersing it into the air. All overhead surfaces will be carefully wiped or vacuumed to
remove dust, lint, and loose soil. Walls will be thoroughly cleaned to eliminate smudges and marks,
and ceilings will be checked for signs of neglect such as spider webs or discoloration. Our process
adheres to indoor air quality best practices and ensures compliance with both OSHA and LE ED
cleanliness standards, especially in spaces where sensitive electronic or lab equipment is present.
d. Furniture / Desk Polishing
To maintain a professional and welcoming environment, TPM will regularly polish all wood
furnishings—including desks, credenzas, and bookshelves —using environmentally preferred
wood protectors and finishers. These products enhance the natural luster of sur faces while
providing a protective barrier against dust, fingerprints, and wear. Surfaces will be cleaned prior
to polishing to remove dirt and debris, ensuring the polish adheres evenly and without streaks.
Where applicable, polishing will be completed in the direction of the grain to maintain wood
integrity and appearance. Care will be taken not to disturb personal items or sensitive paperwork
during the process.
e. Baseboards / Wall Bases / Radiator Heaters – Detailing
Baseboards, wall bases, and exposed radiator heaters will be regularly wiped down to ensure they
remain free from accumulated dust, scuff marks, and stains. Technicians will use microfiber cloths
and appropriate non -corrosive cleaning agents to eliminate g rime without damaging painted or
metal finishes. Particular attention will be given to corners and tight spaces, which often collect
hidden dirt. These areas, often overlooked, contribute significantly to the visual cleanliness of a
facility, and TPM inclu des them in its quality inspection checklists. Regular detailing enhances
overall building presentation and contributes to a clean, healthy environment.
8 Semi-Annually Task Performed
As part of TPM Group ’s comprehensive floor care process, semi -annual deep cleaning is
conducted for both carpeted and tile surfaces to maintain a pristine and hygienic environment
throughout the University facilities. These services are designed not only to uphold aesthetic
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standards but also to extend the usable life of flooring materials and support indoor air quality and
occupant health.
For carpeted areas, TPM utilizes industry -certified hot water extraction methods (commonly
referred to as steam cleaning) or low-moisture encapsulation techniques, depending on the specific
material, traffic level, and environmental sensitivity of the space. Our approach targets embedded
soil, allergens, and organic contaminants that daily vacuuming cannot address. Prior to cleaning,
carpets are thoroughly vacuumed using HEPA-filtered equipment. Pre -treatment solutions are
applied to high -traffic areas and spots to loosen stains, followed by machine extraction and
controlled drying processes. Where applicable, post -cleaning carpet grooming is performed to
realign the nap and restore a uniform appearance. This service significantly reduces microbial
buildup and odors while preserving carpet integrity. For tile and other hard -surface floors, TPM
performs deep scrubbing using specialized floor machines equipped with appropriate pads and
brushes for the specific floor type , whether vinyl composition tile (VCT), c eramic, porcelain, or
other resilient flooring. Cleaning agents are selected based on manufacturer guidelines to avoid
surface damage and maintain finish integrity. Grout lines are cleaned with detail brushes or grout-
cleaning attachments to remove staining and biological buildup. In areas where flooring is finished
with a protective coating, a reapplication of floor finish may be performed after deep cleaning, as
required, to restore luster and durability. Non-slip conditions are verified after cleaning to ensure
compliance with safety standards.
Each semi-annual task is scheduled during low-occupancy periods to minimize disruption, and all
activities are documented with before-and-after photos and inspection reports. This program forms
a critical component of TPM’s lifecycle floor maintenance stra tegy, ensuring long -term
performance, occupant satisfaction, and alignment with UDC’s standards for health and
cleanliness.
9 Porter Service
TPM Group will deliver a dedicated Porter Service Program aligned with the University of the
District of Columbia’s (UDC) operational needs and expectations for professionalism,
responsiveness, and safety. A minimum of five (5) trained porters will be deployed during standard
business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m., excluding recognized
holidays. TPM will ensure full staffing at all times, providing immediate replacement coverage in
the event of porter absences due to leave or other scheduled time off.
All porter activities will be driven by a formal work order system overseen by UDC’s Contract
Administrator (CA), ensuring that tasks are clearly authorized, prioritized, and properly
documented. Porters will not be redirected to basic janitorial duties in the absence of cleaning
personnel, preserving their availability for critical support functions as directed. The scope of
services provided by TPM’s porter team will include, but not be limited to, the relocation and
arrangement of classroom, office, and meeting furniture; transport and setup of equipment and
appliances; and safe movement of heavy equipment and machinery. Porters will be trained in
proper lifting techniques and safety procedures to handle objects weighing up to 50 pounds without
injury or incident. As requested, they will support event operations through assembly and
disassembly of furnishings and conference -style setups, including arrangement of tables, chairs,
podiums, and other functional items.
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In addition to logistical support, porters will provide specialized cleaning services, including the
removal of graffiti from both interior and exterior surfaces, pre - and post -event cleaning, and
power washing of designated areas such as plaza decks, walk ways, loading docks, and parking
garages. These power washing tasks will be completed using appropriate equipment and eco -
friendly detergents in accordance with UDC environmental and safety policies. Porters will also
be available to perform select warehou se support functions , including the palletization of
materials, labeling of property, and the loading and unloading of supplies, as well as to assist
maintenance personnel on assigned special projects. Their presence will significantly improve the
University’s agility in handling time-sensitive operational needs.
Daily accountability will be maintained via submission of a porter roster to the CA at the start of
each workday, listing each assigned porter and their deployment location(s). This enables
transparency and facilitates performance tracking and communication. All porters will be badged
with official UDC Campus ID, having first passed mandatory background checks and drug
screenings. TPM will ensure that each porter is equipped with the required personal protective
equipment (PPE), including but not limited to safety eyewear, gloves, back braces, kneepads, and
ear protection. Furthermore, porters will receive ongoing training in customer service protocols
specific to the UDC environment, reinforcing a professional, courteous, and student -focused
presence on all campuses.
By structuring our porter services within this clear operational and compliance framework, TPM
Group will provide responsive, safe, and mission -aligned support that enhances the University’s
daily functions and special initiatives across all its facilities.
10 Green Clean Program (GCP)
TPM Group and its subcontractor Bolana are committed to delivering high-performance janitorial
services that are effective and environmentally responsible. Our Green Cleaning Program (GCP)
reflects UDC’s commitment to achieving and maintaining Platinum LEED certification by
emphasizing sustainable practices that improve indoor air quality, reduce environmental
contaminants, and s upport occupant health and wellness. This program meets all requirements
under the US Green Building Council’s (USGBC) Innovation in Environmental Quality (IEQ)
credit crite ria. We are proud to add Bolana’s Green Seal expertise in the provision of
environmentally responsible cleaning services for UDC.
Our approach follows a Healthy Cleaning for Healthy Buildings model, reducing exposure to
hazardous chemicals and enhancing indoor environmental quality. The initiative incorporates low-
risk cleaning chemicals, HEPA-filtered equipment, microfiber technologies, and staff engagement
in eco-conscious behavior. These practices align with the University’s objective to maintain a high-
performing, healthy campus while promoting sustainability beyond institutional boundaries.
a. Reducing Chemical Use
Our GCP prioritizes cleaning protocols that limit or eliminate harmful chemical usage. Our floor
care program includes the application of durable finishes and scheduled deep scrubbing instead of
stripping, especially during low -occupancy periods to minimize di sruption and exposure. All
microfiber mops and cloths are used chemical-free where possible, minimizing the need for daily
application of aggressive agents. We promote an evidence-based practice of using neutral cleaners
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and Green Seal™-certified products to avoid indoor air contamination and protect both surfaces
and occupants.
b. Staff Training and Safety Protocols
Every cleaning technician receives comprehensive onboarding and continuous training on green
cleaning principles and safe chemical handling. All training is multilingual, accessible, and
includes:
• Review of the GCP framework
• Step-by-step product usage instructions
• Emergency spill protocols and MSDS accessibility
• Proper equipment use, PPE requirements, and universal hazard symbols
• On-site supervised application of learned procedures
Our Safety Manual, available on-site, is updated with OSHA Bloodborne Pathogen standards and
guides on disinfectant dwell times, safe disposal methods, and required ventilation when using
potentially hazardous materials like restroom cleaners.
c. Cleaning Practice Requirements
To support UDC’s sustainability goals, our team adopts cleaning practices that:
• Maximize pollutant extraction
• Minimize airborne particles and VOCs
• Ensure minimal use of chemicals and moisture
• Schedule major cleaning during second shift (2:00 p.m. – 10:00 p.m.) to reduce occupant
exposure
• Assign dedicated custodians to zones for familiarity and accountability
• Enforce use of Green Seal™-certified products and HEPA-filtered vacuum equipment
These practices increase consistency, improve outcomes, and lower the carbon and chemical
footprint of cleaning operations across all UDC campuses.
d. Product Dilution and Use Compliance
Our team strictly adheres to manufacturer -recommended dilution ratios for all concentrated
cleaning solutions. The lowest effective concentration is always used to ensure environmental
safety and optimal performance. Staff are trained to measure accurately using closed-loop dilution
systems, further preventing chemical overuse and reducing environmental discharge into the water
system.
e. Reducing Dust and Dirt Intrusion
As a frontline defense against indoor pollutants, our team emphasizes soil control and dust
mitigation:
• Entry mats at all doors are vacuumed daily and deep-cleaned weekly
• Carpets are vacuumed with CRI Green Label-certified machines
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• Dusting uses microfiber cloths to trap and remove particulates rather than displace them
• High-speed burnishers with vacuum attachments and skirts are used to prevent airborne
dust during floor maintenance
• Vacuum bags are replaced at ¾ capacity, with equipment inspected before each use
These actions prevent dirt migration, reduce allergic reactions, and extend the lifecycle of UDC’s
flooring systems.
f. Reducing Microbial Growth
To combat microbial contamination, especially in high-touch and high-moisture areas:
• High-performance carpet extractors are used to dry carpets rapidly
• Disinfectants are applied with proper dwell time (3 –5 minutes minimum) per label
directions
• Microfiber mop heads and cloths are changed and washed daily or as needed
• Mops are air-dried between uses and never stored wet in slop sinks
• Cleaning targets areas of water collection , such as around urinals, under sinks, and in
corners prone to condensation
These best practices eliminate microbial reservoirs and are key contributors to improving indoor
hygiene and occupant safety.
Healthy Cleaning for Healthy Buildings Certification and Integration
Our subcontractor, Bolana, is a Green Seal GS-42 certified contractor and has designed its program
to meet and exceed the LEED green housekeeping IEQ credit. We understand that cleaning impacts
more than appearance ; it directly affects building asset value and occupant health. Our team’s
process-driven model goes beyond compliance; it builds a culture of sustainability through daily
operations, collaboration, and education.
Through coordination with UDC faculty, students, and staff, we will encourage environmentally
responsible behavior and promote awareness of the role each stakeholder plays in keeping the
university green, safe, and clean. Team TPM will work hand-in-hand with UDC to conduct regular
reviews, gather feedback, and adapt the program to evolving campus needs, emerging green
technologies, and updated LEED standards.
Our Green Cleaning Program is more than a service approach ; it's an institutional partnership for
sustainability. It embodies a modern, science-backed cleaning standard tailored to protect health,
preserve resources, and support UDC in achieving and maintaining LEED Platinum certification.
We will maintain complete documentation of chemical inventories, training records, and GCP
compliance artifacts as required for USGBC LEED submittals, and ensure transparency with
UDC’s Contract Administrator. This program reflects our deep commitment to “cleaning for health
and p erformance,” aligning perfectly with UDC’s long -term environmental and operational
objectives.
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 84
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
11 Administration
11.1 Contractor Quality Control Plan (OCP)
Please see the response in Section 1 CLIN 001, Heading 1.7.1
11.2 Quality Assurance Surveillance Plan (QASP)
TPM Group formally acknowledges receipt and full understanding of the Quality Assurance
Surveillance Plan (QASP) outlined above. As the contracted service provider, we affirm our
commitment to adhere to the provisions, standards, and expectations detailed in the QASP for the
execution of services under the SOW.
Key Acknowledgements and Commitments:
• Contractor Responsibility: TPM Group accepts full responsibility for managing and
executing all quality control measures necessary to fulfill contract requirements. We
understand that the University’s role is one of quality assurance —monitoring and
validating our performance to ensure contract compliance.
• Quality Control Plan (QCP): TPM Group will develop and submit a comprehensive Quality
Control Plan within thirty (30) days of contract start. This QCP will address all performance
elements outlined in the PWS and will include inspection checklists, procedures, and
documentation standards. We recognize that the QCP is a foundational component for
driving quality outcomes and sustaining performance consistency.
• Performance Inspections and Standards: We acknowledge that the University, through its
appointed Contract Administrator (CA), will conduct both random and scheduled
inspections using predefined performance criteria and checklists. TPM Group will
cooperate fully with these evaluations and will maintain a “Cleaning Level 2 or higher”
across all rated categories as defined by the University’s standards.
• Daily Service Verification: TPM Group will complete and retain daily checklists
documenting the status of all services performed. These records will be kept in accordance
with our approved QCP and will serve as verification of service delivery and quality
compliance.
• Work Acceptance and Invoicing: We understand that invoices may only be submitted after
the University has accepted the work performed. Any service not meeting the required
specifications will be reworked promptly at no additional cost. TPM Group will submit
itemized invoices monthly in arrears, with all required documentation for verification.
TPM Group is committed to delivering high-quality janitorial services that meet or exceed contract
standards and expectations. We view the QASP as an essential instrument for accountability,
service transparency, and performance excellence.
11.3 Facilities Operations Contractor Performance Rating System
TPM Group formally acknowledges and fully understands the Facilities Operations Contractor
Performance Rating System for UDC, including the defined Appearance Levels for UDC
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 85
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
educational facilities. We accept and commit to maintaining Level 2 – Ordinary Tidiness as the
minimum acceptable standard across all serviced facilities.
We recognize the importance of these levels in guiding quality expectations, ensuring operational
consistency, and supporting the University’s academic environment with clean, healthy, and
professionally maintained spaces. Specifically:
• Level 2: Ordinary Tidiness represents a high-quality, sustainable cleaning outcome that
reflects a commitment to cleanliness, attention to detail, and routine maintenance. TPM
Group will train our custodial staff accordingly and enforce inspection protocols to
maintain this standard consistently.
• Level 1: Orderly Spotlessness will be our target benchmark in priority and high-visibility
areas (e.g., main lobbies, restrooms, and event spaces), especially during special events or
inspections, aligning with UDC’s expectations for excellence.
TPM Group will proactively prevent decline into Levels 3, 4, or 5 through a vigorous Quality
Control Plan (QCP), daily inspections, and corrective action processes. We will continuously
monitor and document our service levels using the University's checklist -based inspection
approach and submit performance documentation for University review.
Our team is committed to upholding UDC’s cleaning performance goals as a matter of operational
discipline and professional pride.
11.4 Customer Complaints
TPM Group hereby acknowledges and accepts the University of the District of Columbia’s policy
regarding Customer Complaints as outlined.
We fully understand that:
• All complaints submitted by University stakeholders will be documented and validated by
the Contract Administrator (CA), with reference to the SOW.
• TPM Group will be provided the opportunity to formally respond to each complaint
through the Contracting Officer (CO) and/or CA.
• Any validated complaint will be addressed immediately, and corrective actions will be
performed without delay where required.
• The Contractor will have a maximum of three (3) business days to resolve validated
complaints, subject to CA approval, before the issue is considered a default and referred
for compliance review by the Contracting Officer.
• All validated complaints will be included in the Contractor’s Quality Control Plan (QCP)
records for continuous improvement and compliance tracking.
TPM Group is committed to upholding the highest standards of service and accountability. We
view customer complaints as critical feedback and will incorporate them into our ongoing quality
improvement process to ensure prompt resolution, full compliance, and client satisfaction.
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 86
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
11.5 Key Personnel
TPM Group formally acknowledges UDC’s requirements and expectations for Key Personnel, as
outlined.
We understand that the Supervisor/Onsite Lead is designated as key personnel and accept the
responsibility to provide a qualified individual in this role. TPM Group will also designate, in
writing, an alternate who will act on behalf of the Supervisor/Onsite Lead in their absence. Both
individuals will be submitted to the Contracting Officer and the Contract Administrator (CA) for
written approval prior to assignment.
We recognize the following responsibilities and requirements for the Supervisor/Onsite Lead:
• Full authority to act on behalf of TPM Group in all matters related to daily contract
operations.
• On-site availability is required across both 1st and 2nd shifts, Monday through Friday, from
8:00 a.m. to 10:00 p.m., excluding federal holidays or university closures.
• Must be reachable by phone during non -business hours, weekends, and holidays for
emergency situations.
• LEED certification is a mandatory qualification for the Supervisor/Onsite Lead.
Duties of the Supervisor/Onsite Lead will include full project management oversight, quality
control program reporting, coordination of daily and long -term tasks, acting as liaison between
TPM Group and the CA, overseeing all contract deliverables, handling complaint resolution,
personnel assignment, scheduling, and ensuring performance compliance with contract terms.
TPM Group agrees that all key personnel are subject to University screening and approval before
the contract start date. We will promptly notify and request approval for any changes in key
personnel post -award. In the event of a vacancy, TPM Group commits to replacing the key
personnel within 15 calendar days and ensuring all alternates fully meet the required qualifications.
We are committed to staffing the project with capable, certified, and responsive leadership to
uphold contract integrity and exceed University expectations.
11.6 Reimbursables
TPM Group understands and accepts the Reimbursables requirements as outlined by the University
of the District of Columbia. We understand that additional porter and janitorial services beyond
the base scope including evenings, weekends, or periods of increased facility usage , shall be
provided upon formal request. These services may involve, but are not limited to:
• Support for special events and functions
• Extended hours of facility operations
• Higher-than-normal occupancy demands
TPM Group further acknowledges that:
• Porter services exceeding the five (5) porters defined in the base contract are considered
supplemental and will be billed as cost-reimbursable services.
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 87
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
• Janitorial services related to special events , such as pre -event setup, service during the
event, and post-event cleaning, shall also be provided on a reimbursable basis, contingent
on prior written authorization from the Contract Administrator (CA).
We are fully prepared to support the University’s evolving operational needs . We will coordinate
closely with the CA to ensure all supplemental services are pre-approved, clearly documented, and
invoiced in accordance with contractual terms.
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 88
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
12 Acknowledgment Of Amendments
TPM Group acknowledges amendments 001 and 002 and has attached signed cop ies of them
below.
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 89
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 92
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
13 Legal Status of Offeror
Prime Contractor
Company Name: Tyson Project Management Group, LLC
Certification: Certified Business Enterprise (CBE) - LSDZ78165092027
Address: 1301 K Street, NW, STE 300, Washington, DC 20005
Tax identification number
(TIN):
26-4539879
Point of Contact: Name: Lincoln Tyson | Position: Managing Principal
Office Number: (202) 775-0096 |
E-mail: tyson@tysonpmgroup.com
Subcontractor
Company Name: Bolana Capitol Enterprises, Inc
Certification: Certified Business Enterprise (CBE) - LSDZ84272062027
Address: 4922 Nannie Helen Burroughs Avenue NE , Suite 102 ,
Washington, DC, 20019
Point of Contact: Name: Valarie Dock | Position: President
Email: vdock@bolanacapitol.com
= FContrastNumber PageofPag|AMENDMENT OFSOLICITATION/MODIFICATIONOFCONTRACT| +
fzArnendmentModificationNumber fsEfeciveDate [éRequistionPurchoseRequestNo. |S.SaictationCaption
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fsNameandAdaressofContract(No.Sect,Gly,county,stateandZ1PCode) [DOJPAAmenamentofSatctationNo.Jor-2025-R-0020
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followingmetnods:(a)Bycompletingitems8and15,andreturning 4_copyoftheamendment:(6)Byacknowedgingreceiptofthis
‘amendmentoneachcopyoftheoffersubmited;or(c)Byseparateleterorfaxwichincludesareferencetotheslcaionand
“amendmentnumber.FAILUREOFYOURACKNOWLEDGEMENTTOBERECEIVEDATTHEPLACEDESIGNATEDFORTHERECEIPTOFOFFERSPRIORTOTHEHOURANDOATESPECIFIEDMAYRESULTINREJECTIONOFYOUROFFER.Ifbyvueofthisamendmentyoudesiretochange
anoffersireadysubmitted,suchchengemaybemadebyletterofax,providedeachlettercrelegrammekesreferencetthe
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[C.Thissupplementalagreementisenteredintopursuanttoauthorityof
ID:Other(Spectytypeofmodiicabonandauthor)
[EeWPORTANT Contractor[JanetLA] requredtosignthisdocumentendreturn copytohesuingce.
Fa.Descriptionofemendmentmedifestion(OrganizedbyUGFSectionheadings,Incldingsolitaion/eoniractsubjectmatterwherefeasible)
SolicitationNo.GF-2025-R-0020forJanitorialServicesisherebyamendedasfollows:
1.QuestionandAnswers(AttachmentA).
12.Onpage1,section10,deleteandreplaceentiresection.(AttachmentB)
13.UndersectionL.5ProposalSubmission,deleteL.1.1,andreplaceitwithL.5.1.(AttachmentC)
14.UndersectionL.5PartII-PriceProposal,deleteL.2.6andreplaceitwithL.2.(AttachmentC)
5.Delete:C.3.1UDC StudentCenterBldg,56(AttachmentD)
Replacewith:C.3.1UDCStudentCenterBldg.56(includingSaturdays)
6.Pre-proposalconferencesign-insheet.(AttachmentE)
Allothertermsandconditionsremainunchanged.
[ExceptesprovidedherehnalltermsandcondionsofthedocumentreferencedinNem(@AorTOA)rernainunchangedandnflforceandeffect
FSA.NameendTiteofSigner(TypeoFprint) [6ANameofContractingOficer
LincolnTyson.Principal MaryAnnHaris
FB.NameofContractor FSC.DateSigned168.DistictofCumbia F1ECDateSigned
(Sortsotonronseneresiowon Serene
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[AMENDMENTOFSOLICITATION/MODIFICATIONOFCONTRACT] ==">= FasecrPeges
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[6issuedBy: Code ‘RaministeredBy(Wotherthanine
niversityoftheDistrictofColumbia JUniverstyoftheDistrictofColumbia
|CaptalProcurementOvsion |CapitalProcurementDivision
14200ConnecticutAvenue,NW,RoomC01,Building38 }<200ConnecticutAverue,NW,RoomC01,Building38
JWashington,Dc20008 |Washington,0¢20008
[&NameandAddressofContractorNo.Stee,oly,county,stateandZIPCode) [DQ]eAAmendmentofSotatationNo-\cr-2025-R-0020
[66.Dated(Seetem11)
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[xJhe abovenumberedsoltatoniamendedassetfr infem14.TheHouranddatespecitedfrreceptofOersx_Yaextended|_ isnotextended
‘Oftersmustacknowedgereceiptofthisamendmentpriorothehouranddatespectiedinthesalctationoasamended,byoneofthe
folowingmethoes:(a)8ycompletingItems8and15,andretuming 41 copyoftheamendment:(6)Byacknowedgingreceotofthis
‘amendmentoneachcopyoftheoffersubmited:or(e)Byseparateeteroraxwhichincludesareferencetotheslictationang
‘amendmentnumber.FAILUREOFYOURACKNOWLEDGEMENTTOBERECEIVEDATTHEPLACEDESIGNATEDFORTHERECEIPTOFOFFERS
PRIORTOTHEHOURANODATESPECIFIEDMAYRESULTINREJECTIONOFYOUROFFER.ifbywitueofhisamendmentyoudesiretochange
anofferalreadysubmited,suchchangemaybemadebyleterorfax,providedeachlettercrtelegrammakesreferencetothe
‘alctationandthisamendment,andisreceivedpriortotheopeninghouranddetespectied
Fi2:AccountingandAppropriationData(ifRequired)
75.THISITEMAPPLIESONLYTOMODIFICATIONSOFCONTRACTSIORDERS,
ITMODIFIESTHECONTRACTIORDERNO.ASDESCRIBEDINITEM14
[AThischangeorderisissuedpursuantto.(SpeaifyAuthority)echangessetforthintem14aremadeinthecontractorderno.intem10A.
ib.Theabovenumberedcontrad/orderIsmodifedorefecttheadministrativechanges(suchaschangesinpayingoffce,appropriation
date,etc.)setforthinitem14,pursuanttotheauthorityof27DCMR,Chapter36,Section3601.2.
IC.Thissupplementalagreementisenteredinfopursuantfouth of.
[B-Oiher(Speatytypeofmodificationandauthonty)
TMPORTANT. Contractor[_Jenet,[Xsrequiredtoaonthisdocumentandreturn 7 copytoTe esuingofice.
Fa.Desorptionofamendmentmodifeation(OrganizedbyUGFSectonheadngs,ndudingsolctation/eoniracsubjectmatierwherefeasible)
SolicitationNo.GF-2025-R-0020forJanitorialServicesisherebyamendedasfollows:
ISectionC.1RequirementsforCLIN0001(AttachmentA)
1.Add:C.2.1.14UDCHealthSciencesBuilding44
4200ConnecticutAvenueN.W.
Washington,DC20008
110,421sqft
J2.Add:C.2.9Provideavehiclefortransportationpurposes.
|3.ThesubmissionoftheproposalisextendedtoThursday,August7,2025,by2:00p.m..
Allothertermsand conditionsremainunchanged.
[Exceptasprovedherein,altermsandcondiionsofthedocumentreferencedihNem(0Aor10A)remainunchangedandinRilforceandeffec
FSA.NameandTileofSigner(TypeoFprint) GA,NameofCoriractingOfferLincolnTyson_Principal IaaryAnnHartsSE.NameofContractor FTC.DateSigned|168.DistrictofColumbia aCDateSigned
‘Sowacecowieeunecosteso (soraCoorongosx LiacolnTyson y/7/20es Wary Ane,Nernst 8/4/2025
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 93
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
13.1 Clean Hands Certification
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 94
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
13.2 Business License
14 General Standards of Responsibility
TPM Group hereby acknowledges receipt of the responsibility determination requirements as
outlined in Section L.15.1 of the solicitation. We fully understand that, upon request, we are
required to submit documentation within five (5) business days to demon strate our capability to
perform all contract requirements to the satisfaction of the University of the District of Columbia.
TPM Group affirms its commitment to comply with the following conditions for responsibility
determination:
• Financial Capacity: We possess adequate financial resources and/or the ability to secure the
resources necessary to perform the contract successfully.
• Performance Schedule Compliance: We will fully comply with the required performance and
delivery schedule, accounting for all current commercial and government commitments.
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 95
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
• Performance Record: We maintain a proven and satisfactory performance record with both
public and private sector clients.
• Integrity and Business Ethics: We uphold a strong and consistent record of integrity and ethical
business practices.
• District Licensing and Tax Compliance: We are in good standing and fully compliant with all
applicable District of Columbia licensing and tax laws and regulations.
• Labor and Civil Rights Compliance: We comply with all labor and civil rights laws and rules,
including the First Source Employment Agreement Act of 1984, as amended (D.C. Official
Code §2-219.01 et seq.).
• Organizational and Technical Capability: We possess and can deploy the organizational
structure, relevant experience, accounting controls, operational oversight, and technical
skillsets necessary to fulfill contract requirements.
• Operational Resources: We have, or can readily acquire, the production, construction,
equipment, and facilities needed to support contract execution.
• Fair Pricing History: We affirm that we have not exhibited a pattern of overcharging the
District.
• Outstanding Debt Status: We do not have any outstanding debt to the District or the federal
government that is in a delinquent status.
• Eligibility for Award: We confirm that we are fully qualified and eligible to receive an award
under all applicable laws and regulations.
TPM Group is committed to complete transparency and timely submission of all requested
supporting documentation to facilitate the University’s responsibility determination process.
15 Special Standards of Responsibility
TPM Group is fully prepared to meet and exceed the University of the District of Columbia’s
Special Standards of Responsibility outlined in Section L.16.1.1, including the provision of
qualified Student Center Personnel, compliance with Time and Attendance protocol s, and
readiness to deploy qualified Emergency Response Personnel within four hours of notification.
a. Student Center Personnel (CLIN 0002 – LEED Platinum Facility)
TPM Group has identified and committed qualified personnel to support janitorial and
maintenance services within the LEED Platinum -certified New Student Center. The designated
Supervisor/Onsite Lead for this facility holds a current LEED Green Associate Certification, with
documented experience in operating and supporting facilities with advanced environmental and
sustainability requirements.
Our assigned team has demonstrable working knowledge of:
• LEED administrative practices, including Indoor Environmental Quality (IEQ) standards
and performance tracking.
• Geo-thermal cooling systems and integrated mechanical -electrical-plumbing (MEP)
systems are typically found in high-efficiency green buildings.
• Maintenance planning and scheduling, aligned with LEED O+M (Operations and
Maintenance) standards, including energy use tracking, sustainable material handling, and
indoor air quality assurance.
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 96
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
Our team actively uses green-certified chemicals, microfiber systems, low-emitting cleaning tools,
and EPA Safer Choice-compliant materials to ensure LEED points are maintained throughout the
building’s life cycle. Preferred qualifications, such as LEED AP+M (Operations and Maintenance),
are strongly considered in our personnel recruitment and succession planning, and we have access
to certified candidates within our hiring pool should additional staffing be required.
b. Time and Attendance System Compliance
TPM fully understands and accepts the University’s requirement that all contractor employees
utilize the University’s Time and Attendance system. Our staff will undergo orientation on proper
system usage prior to deployment. The Project Manager and Site Supervisors will monitor
compliance daily, and supervisors will perform weekly reconciliations of time logs to ensure
accuracy and accountability. We acknowledge that the University’s timekeeping records will serve
as the official documentation for verification of billable hours and actual work performed, and we
have integrated this into our internal payroll and compliance review processes.
c. Emergency Response Personnel (4-Hour Response Time Guarantee)
TPM Group qualifies as a Full Service Provider with a proven ability to supply a variety of
emergency janitorial and maintenance staff trained and equipped to respond within four (4) hours
of notification, 24/7, including holidays and weekends.
We maintain a dedicated roster of cross-trained emergency personnel, including:
• General and Restroom Cleaners
• Floor Technicians (certified in flood response and microbial remediation)
• Team Leads and Supervisors
• Porter Staff for post-event recovery
To support our emergency response readiness, TPM Group retains a contingency equipment cache
including wet vacuums, air scrubbers, HEPA -filtered vacuums, dehumidifiers, electrostatic
sprayers, and PPE pre-staged and ready for deployment from our local service hub.
d. Supervisor/Onsite Lead Qualifications:
TPM Group acknowledges the qualification requirements for the Supervisor/Onsite Lead as
outlined in Section L.16.1.5 of the solicitation. We fully understand the importance of meeting
these standards to ensure successful contract performance at the Univers ity of the District of
Columbia (UDC).
TPM affirms that it will provide a qualified Supervisor/Onsite Lead who meets or exceeds the
following criteria:
• Experience in Janitorial Management: The candidate will have a minimum of five (5) years of
professional work experience, specifically focused on managing administrative functions
related to campus janitorial services.
• Contract Oversight Experience: At least three (3) of those years will include experience
managing a janitorial or administrative services contract, with full on -site decision -making
authority.
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 97
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
• Supervisory and Staff Development Experience: The Supervisor/Onsite Lead will also have a
minimum of three (3) years of experience in employee supervision. This includes:
o Evaluating training needs
o Supporting employee skill development
o Delivering performance feedback
o Determining appropriate staffing structures
o Hiring qualified staff
o Addressing and resolving staffing issues as they arise
• Safety and Regulatory Knowledge: The candidate will possess demonstrated knowledge of
applicable OSHA standards as outlined under 29 CFR 1910, with the ability to implement and
enforce safe and sanitary working conditions for all employees.
• Communication and Conduct: The Supervisor/Onsite Lead will possess strong verbal and
written communication skills, essential for interfacing with University stakeholders, staff, and
TPM management.
• Drug-Free Compliance: The Supervisor/Onsite Lead will be alcohol - and drug-free and will
submit to periodic drug testing as required under contract terms.
TPM Group is committed to staffing this position with a highly qualified professional who
embodies leadership, regulatory awareness, staff development capabilities, and integrity in
alignment with the University’s expectations.
5
Mary Ann Harris, MPA Office of Contracting and Procurement
Director
August 12, 2025
Lincoln Tyson, President
TPM Group
1301 K Street, NW, STE 300
Washington, DC 20005
Subject: Request for Best and Final Offer (BAFO)
GF-2025-R-0020, Janitorial Services
Dear Mr. Tyson:
The University of the District of Columbia, Office of Contracting and Procurement Facilities & Real
Estate Management, has concluded its evaluation of your proposal submitted in response to the subject
solicitation.
Your BAFO may include any revisions you deem appropriate to your proposal, but should address items
outlined below:
Factor 3: Subfactor 1. Please clarify which proposed team member fulfills the role of
the supervisor / onsite lead, and if they are LEED certified.
Your proposal should be submitted by email to mgadson@udc.edu by noon on Wednesday, August 13,
2025. This BAFO is subject to the provisions of 8 DCMR, Chapter 3017, regarding receipt of BAFO.
Therefore, if no BAFO is received by the specified time, your offer accepted on August 7, 2025, will be
considered your BAFO.
Should you have questions related to this process, please contact Michiko Gadson, Senior Contract
Specialist, at (202) 274-5191.
Sincerely,
Mary Ann Harris
Mary Ann Harris
Chief Contracting Officer
TPM GROUP
August13,2025
MichikoGadson
SeniorContractSpecialistTheUniversityoftheDistrictofColumbiaOfficeofContractingandProcurement4200ConnecticutAve.,N.W.Building39,Suite200C,Room250
WashingtonDC,20008
RE: BAFO; GF-2025-R-0020, UDC JanitorialServices
HelloMs. Gadson:
TheproposedonsitesupervisorisLazaroSantaCruz.HehashisLEEDCertification,andhisresumeisintheproposal.
Sincerely,
LincolnTyson
1301 K StreetNW
Suite300
Washington,DC 20005
Certificate of Clean Hands
1101 4th Street, SW
Washington, DC 20024
Date of Notice: October 28, 2025 L0015128515Notice Number:
FEIN: **-***9879
Case ID: 18764932
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
TYSON PROJECT MANAGEMENT GROUP, LLC
1301 K ST NW STE 403
WASHINGTON DC 20005-3317
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
M E M O R A N D U M
TO: Michiko Gadson/UDC
FROM: Mary Wallace
EEO Compliance Review & Training Officer
DATE: October 24, 2025
SUBJECT: EEO Compliance, TPM Group, LLC
CONTRACT: GF-2025-R-0020
We have reviewed the above-referenced contractor’s Notice of Compliance with Equal
Employment Opportunity (EEO) Requirements, EEO Policy Commitment, and EEO Employer
Information Report, submitted by UDC on October 15, 2025. We find the forms are in
conformity with Mayor’s Order 85-85, “Compliance with Equal Opportunity Requirements in
Contracts.”
If your Agency has any questions, contact OHR at 202-727-4559. ALL QUESTIONS FROM
THE CONTRACTOR SHOULD BE DIRECTED TO THE APPROPRIATE AGENCY
REPRESENTATIVE, WHO MAY THEN CONTACT OHR.
UDC/OHR/GF-2025-R-0020
First Source Agreement
Pending
Bidder Certification Form
202-775-0096 26-4539879
Name: EIN: Status:
TPM GROUP 26-4539879 ACTIVE
3.3 Been the subject of an investigation, whether open or closed, by any government entity for a civil or criminal violation for any business-related conduct?
3.4 Been charged with a misdemeanor or felony, indicted, granted immunity, convicted of a crime, or subject to a judgment or plea bargain for:
(a) Any business-related activity; or
(b) Any crime the underlying conduct of which was related to truthfulness?
2.6 Been suspended, cancelled, terminated or found non-responsible on any government contract, or had a surety called upon to complete an awarded contract?
Please provide an explanation for each "Yes" in Part 2.
PART 3: BUSINESS RESPONSIBILITY
Within the past five (5) years, has the bidder/offeror:
3.1 Been under suspension, debarment, voluntary exclusion or determined ineligible under any federal, District or state statutes?
3.2 Been proposed for suspension or debarment?
2.3 Been proposed for suspension or debarment?
2.4 Been the subject of an investigation, whether open or closed, by any government entity for a civil or criminal violation for any business-related conduct?
2.5 Been charged with a misdemeanor or felony, indicted, granted immunity, convicted of a crime, or subject to a judgment or a plea bargain for:
(a) Any business-related activity; or
(b) Any crime the underlying conduct of which was related to truthfulness?
(b) Explain its exemption from the requirement.
PART 2: INDIVIDUAL RESPONSIBILITY
Additional Instructions for Section I, Parts 2 through 8: Provide an explanation of the issue(s), relevant dates, the government entity involved, any remedial or corrective action(s) taken and the current status of the issue(s).
Within the past five (5) years, has any current or former owner, partner, director, officer, principal or any person in a position involved in the administration of funds, or currently or formerly having the authority to sign, execute or approve bids, proposals,
contracts or supporting documentation on behalf of the bidder/offeror with any government entity:
2.1 Been sanctioned or proposed for sanction relative to any business or professional permit or license?
2.2 Been under suspension, debarment, voluntary exclusion or determined ineligible under any federal, District or state statutes?
If "Other," please explain:
1.2 Was the bidder's/offeror's business formed or incorporated in the District of Columbia?
If "No" to Subpart 1.2, provide the jurisdiction where the bidder's/offeror's business was formed or incorporated. Attach a Certificate or Letter of Good Standing from the applicable jurisdiction and a certified Application for Authority from the District,
or provide an explanation if the documents are not available.
State _____________________________________ Country __________________________________
1.3 Please provide a copy of each District of Columbia license, registration or certification that the bidder/offeror is required by law to obtain (other than those provided in Subpart 1.2). If the bidder/offeror is not providing a copy of its license,
registration or certification to transact business in the District of Columbia, it shall either:
(a) Certify its intent to obtain the necessary license, registration or certification prior to contract award; or
Partnership (including LLP, LP or General) Date of Registration or Establishment:
Sole Proprietor How many years in business?:
Other Date established?:
Joint Venture Date of Organization:
Limited Liability Company (LLC or PLLC) 3/25/2009
Nonprofit Organization Date of Organization:
Type:
DBA
1.1 Business Type (Please check the appropriate box and provide additional information if necessary.):
Corporation (including PC) Date of Incorporation:
TYSON PROJECT MANAGEMENT GROUP, LLC GF-2025-R-0020
1301 K Street, NW, Suite 300, Washington, DC 20005
TYSON@TYSONPMGROUP.COM Website:
Additional Legal Business Entity Identities: If applicable, list any other DBA, Trade Name, Former Name, Other Identity and EIN used in the last five (5) years and the status (active or inactive).
Every question must be answered. Each response must provide all relevant information that can be obtained within the limits of the law. Individuals and sole proprietors may use a Social Security number but are encouraged to obtain and use a federal
Employer Identification Number (EIN). Provide any explanation at the end of the section or attach additional sheets with numbered responses. Include the bidder's/offeror's name at the top of each attached page.
GENERAL INSTRUCTIONS
This form contains four (4) sections. Section I concerns the bidder's/offeror's responsibility; Section II includes additional required certifications; Section III relates to Domestic Preferences (if applicable); and Section IV requires the bidder's/offeror's
signature.
SECTION I. BIDDER/OFFEROR RESPONSIBILITY CERTIFICATIONS
Instructions for Section I: Section I contains seven (7) parts. Part 1 requests information concerning the bidder's/offeror's business entity. Part 2 inquires about current or former owners, partners, directors, officers or principals. Part 3
relates to the responsibility of the bidder's/offeror's business. Part 4 concerns the bidder's/offeror's business certificates and licenses. Part 5 inquires about legal proceedings. Part 6 relates to the bidder's/offeror's financial and
organizational status. Part 7 relates to disclosures under the District of Columbia Freedom of Information Act (FOIA).
PART 1: BIDDER/OFFEROR INFORMATION
BIDDER/OFFEROR CERTIFICATION FORM
COMPLETION
The person(s) completing this form must be knowledgeable about the bidder's/offeror's business and operations.
RESPONSES
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Page 1 Last updated April 2, 2025
Instructions for Section II: Section II contains ten (10) parts. Part 1 requests information concerning ethical obligations. Part 2 applies to the bidder/offeror's pricing. Part 3 relates to equal employment opportunity and human rights
requirements. Part 4 relates to First Source Act requirements. Part 5 relates to employment eligibility requirements. Part 6 relates to Language Access Act requirements. Part 7 relates to conflicts of interest. Part 8 relates to subcontracting
obligations. Part 9 relates to special requirements related to the Campaign Finance Reform obligations. Part 10 relates to any pending litigation against the District.
PART 1. ETHICAL OBLIGATIONS
1.1 The bidder/offeror certifies that it has not provided, directly or indirectly, any gift, gratuity, favor, discount, or other thing of value to an officer or employee of the District of Columbia in order to affect, directly or indirectly, the decision to award this
contract.
1.2 The District requires disclosure of any officer or employee of the District of Columbia that may benefit from this contract. Accordingly, the following officer or employee may benefit from this contract:
(a) ____________________________________________________________________________________
6.8 During the past three (3) years, has the bidder/offeror been audited by any government entity?
(a) If "Yes" to Subpart 6.8, did any audit of the bidder/offeror identify any significant deficiencies in internal controls, fraud or illegal acts; significant violations of provisions of contract or grant agreements;
significant abuse; or any material disallowance?
(b) If "Yes" to Subpart 6.8(a), provide an explanation of the issue(s), relevant dates, the government entity involved, any remedial or corrective action(s) taken and the current status of the issue(s).
PART 7: FREEDOM OF INFORMATION ACT (FOIA)
7.1 Indicate whether the bidder/offeror asserts that any information provided in response to a question in Section I is exempt from disclosure under the District of Columbia Freedom of Information Act (FOIA),
effective March 25, 1977 (D.C. Law 1-96; D.C. Code §§ 2-531, et seq .). Include the question number(s) and explain the basis for the claim. (The District will determine whether such information is, in fact, exempt
from FOIA at the time of request for disclosure under FOIA.)
SECTION II. ADDITIONAL REQUIRED BIDDER/OFFEROR CERTIFICATIONS
6.5 During the past three (3) years, has the bidder/offeror failed to file a District of Columbia unemployment insurance return or failed to pay District of Columbia unemployment insurance?
If "Yes" to Subpart 6.5, provide the years the bidder/offeror failed to file the return or pay the insurance, explain the situation and any remedial or corrective action(s) taken and the current status of the issue(s).
6.6 During the past three (3) years, has the bidder/offeror failed to comply with any payment agreement with the Internal Revenue Service, the District of Columbia Office of Tax and Revenue and the Department of
Employment Services?
If "Yes" to Subpart 6.6, provide the years the bidder/offeror failed to comply with the payment agreement, explain the situation and any remedial or corrective action(s) taken and the current status of the issue(s).
6.7 Indicate whether the bidder/offeror owes any outstanding debt to any state, federal or District of Columbia government.
If "Yes" to Subpart 6.7, provide an explanation of the issue(s), relevant dates, the government entity involved, any remedial or corrective action(s) taken and the current status of the issue(s).
6.2 Within the past five (5) years, has the bidder/offeror had any liquidated damages assessed by a government entity over $25,000?
If "Yes" to Subpart 6.2, provide an explanation of the issue(s), relevant dates, the government entity involved, the amount assessed and the current status of the issue(s).
6.3 Within the last seven (7) years, has the bidder/offeror initiated or been the subject of any bankruptcy proceedings, whether or not closed, or is any bankruptcy proceeding pending?
If "Yes" to Subpart 6.3, provide the bankruptcy chapter number, the court name and the docket number. Indicate the current status of the proceedings as "initiated," "pending" or "closed".
6.4 During the past three (3) years, has the bidder/offeror failed to file a tax return or pay taxes required by federal, state, District of Columbia or local laws?
If "Yes" to Subpart 6.4, provide the taxing jurisdiction, the type of tax, the liability year(s), the tax liability amount the bidder/offeror failed to file/pay and the current status of the tax liability.
5.2 Had a government entity find a willful violation of District of Columbia compensation or prevailing wage laws, the Service Contract Act or the Davis-Bacon Act?
5.3 Received any OSHA citation and Notification of Penalty containing a violation classified as serious or willful?
Please provide an explanation for each "Yes" in Part 5.
PART 6: FINANCIAL AND ORGANIZATIONAL INFORMATION
6.1 Within the past five (5) years, has the bidder/offeror received any formal unsatisfactory performance assessment(s) from any government entity on any contract?
If "Yes" to Subpart 6.1, provide an explanation of the issue(s), relevant dates, the government entity involved, any remedial or corrective action(s) taken and the current status of the issue(s).
Please provide an explanation for "Yes" in Subpart 4.1.
4.2 Please provide a copy of the bidder's/offeror's District of Columbia Office of Tax and Revenue Tax Certification Affidavit.
PART 5: LEGAL PROCEEDINGS
Within the past five (5) years, has the bidder/offeror:
5.1 Had any liens or judgments (not including UCC filings) over $25,000 filed against it which remain undischarged?
If "Yes" to Subpart 5.1, provide an explanation of the issue(s), relevant dates, the Lien Holder or Claimant's name, the amount of the lien(s) and the current status of the issue(s).
3.6 Been denied a contract award or had a bid or proposal rejected based upon a non-responsibility finding by a government entity?
3.7 Had a low bid or proposal rejected on a government contract for failing to make good faith efforts on any Certified Business Enterprise goal or statutory affirmative action requirements on a previously held
contract?
3.8 Been suspended, cancelled, terminated or found non-responsible on any government contract, or had a surety called upon to complete an awarded contract?
Please provide an explanation for each "Yes" in Part 3.
PART 4: CERTIFICATES AND LICENSES
4.1 Within the past five (5) years, has the bidder/offeror had a denial, decertification, revocation or forfeiture of District of Columbia certification of any Certified Business Enterprise or federal certification of
Disadvantaged Business Enterprise status for other than a change of ownership?
3.5 Been disqualified or proposed for disqualification on any government permit or license?
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Page 2 Last updated April 2, 2025
Instruction for Section IV: This section must be completed by all bidder/offerors.
Lincoln Tyson 202-775-0096 202-869-8039
Principal
PART 3: BUY AMERICAN ACT COMPLIANCE (Applies to locally-funded construction contracts)
3.1 In accordance with 41 USC 8301 et. seq . and implementing regulations, the bidder/offeror certifies that only construction materials manufactured in the United States will be used on the project.
SECTION IV. CERTIFICATION
Lincoln Tyson
Tyson@tysonpmgroup.com
PART 1: BUY AMERICAN ACT COMPLIANCE (Applies if the bidder/offeror will provide goods to the District that are subject to the requirements of the Buy American Act)
1.1 In accordance with 41 USC 8301 et. seq . and implementing regulations, the bidder/offeror certifies that each end product, except the end products listed below, is a domestic end product.
______________________________________________________ EXCLUDED END PRODUCTS
______________________________________________________ COUNTRY OF ORIGIN
PART 2: FHWA BUY AMERICA ACT COMPLIANCE (Applies to FHWA-funded construction contracts)
2.1 In accordance with 23 CFR 635.410(b), the bidder/offeror certifies that only steel or iron materials manufactured in the United States will be used for permanent incorporation on the project.
8.2 The bidder/offeror certifies that it has verified with the Department of Licensing and Consumer Protection (DLCP), and any other licensing authority, that its proposed subcontractors possess all applicable licenses and permits required to perform the
work.
PART 9: CAMPAIGN FINANCE REFORM OBLIGATIONS
9.1 The bidder/offeror certifies that it has not been determined by the Campaign Finance Board to be in violation of D.C. Code § 1-1163.34a.
9.2 The bidder/offeror certifies that it currently is not and will not be in violation of D.C. Code § 1-1163.34a.
SECTION III. DOMESTIC PREFERENCE CERTIFICATIONS
Instructions for Section III: Section III contains three (3) parts which should be completed by all bidders/offerors..
PART 6: LANGUAGE ACCESS OBLIGATIONS
6.1 For contracts where the contracting agency is a “covered entity” or “covered entity with major public contact” as defined in Sections 2(2) and 2(3) of the Language Access Act of 2004 (D.C. Code § 2-1931(2) and § 2-1931(3)), the bidder/offeror
certifies that it will comply with Language Access compliance requirements of the contracting agency while performing this contract.
PART 7: CONFLICTS OF INTEREST
7.1 The bidder/offeror certifies that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its obligations under the contract.
PART 8: SUBCONTRACTING OBLIGATIONS
8.1 The bidder/offeror certifies that it has verified with the Department of Small and Local Business Development (DSLBD) the current certifications of its proposed certified business enterprise (CBE) subcontractors.
PART 10: PENDING LITIGATION AGAINST THE DISTRICT
10.1(a) Does the bidder/offeror have any pending litigation against the District of Columbia, its current or former officers, agents, employees, agencies, or departments?
10.1(b) If "Yes" to Subpart 10.1(a), provide a description of the pending matter(s) and the current status of each.
3.1 The bidder/offeror certifies that it will abide by the D.C. Human Rights Act of 1977, as amended, D.C. Code § 2-1401.01 et seq., including its prohibitions on sexual harassment. The bidder/offeror certifies that it is fully aware of the contents of
Mayor's Order 85-85, Mayor's Order 2017-313, Mayor's Order 2023-131, and the Office of Human Rights' regulations in Chapter 11 of title 4 of the DCMR, and agrees to comply with them while performing this contract.
PART 4: FIRST SOURCE OBLIGATIONS
4.1 The bidder/offeror certifies that it is fully aware of the requirements of the First Source Employment Agreement Act of 1984, as amended, D.C. Code §§ 2-219.01 et seq ., and agrees to enter into a First Source Employment Agreement with the
Department of Employment Services if awarded any contract valued at $300,000 or more which receives funds or resources from the District, or funds or resources which, in accordance with a federal grant or otherwise, is administered by the District
government.
4.2 The bidder/offeror certifies that the Initial Employment Plan submitted with its bid or proposal is true and accurate.
PART 5: EMPLOYMENT ELIGIBILITY OBLIGATIONS
5.1 The bidder/offeror certifies that it has verified the identity and employment eligibility of all of its employees.
Lincoln Tyson
[Insert full name of person(s) in the organization responsible for determining the prices offered
in this contract and the title of his or her position in the bidder's/offeror’s organization]
(i) As an authorized agent, certifies that the principals named in subparagraph 2.2(b) above have not participated, and will not participate, in any action contrary to subparagraphs 2.1(a)(i) through (a)(iii) above; and
(ii) As an agent, has not participated and will not participate in any action contrary to subparagraphs 2.1(a)(i) through (a)(iii) above.
2.3 If the bidder/offeror deletes or modifies subparagraph 2.1(b) above, the bidder/offeror must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure.
PART 3: EQUAL OPPORTUNITY AND HUMAN RIGHTS OBLIGATIONS
(iii) The methods or factors used to calculate the prices in the contract.
(b) The prices in this contract have not been and will not be knowingly disclosed by the bidder/offeror, directly or indirectly, to any other bidder/offeror or competitor before bid/proposal opening unless otherwise required by law; and
(c) No attempt has been made or will be made by the bidder/offeror to induce any other concern to submit or not to submit a contract for the purpose of restricting competition.
2.2 The signature on the bid/proposal is considered to be a certification by the signatory that the signatory:
(a) Is the person in the bidder's/offeror’s organization responsible for determining the prices being offered in this contract, and that the signatory has not participated and will not participate in any action contrary to subparagraphs 2.1(a)(i)
through (a)(iii) above; or
(b) Has been authorized, in writing, to act as an agent for the following principal in certifying that the principal has not participated, and will not participate, in any action contrary to subparagraphs 2.1(a)(i) through (a)(iii) above:
PART 2: INDEPENDENT PRICE DETERMINATION REQUIREMENTS
The bidder/offeror certifies that:
2.1 The signature of the bidder/offeror is considered to be a certification by the signatory that:
(a) The contract prices have been arrived at independently without, for the purpose of restricting competition, any consultation, communication or agreement with any bidder/offeror or competitor related to:
(i) Those prices;
(ii) The intention to submit a bid/proposal; or
(b) ____________________________________________________________________________________
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Page 3 Last updated April 2, 2025
7/31/2025 GF-2025-R-0020
The District of Columbia is authorized to verify the above information with appropriate government authorities. Penalty for making false statements is a fine of not more than $1,000.00, imprisonment for not more than 180 days, or both, as
prescribed in D.C. Code § 22-2405. Penalty for false swearing is a fine of not more than $2,500.00, imprisonment for not more than three (3) years, or both, as prescribed in D.C. Code § 22-2404.
Page 4 Last updated April 2, 2025
Business License
University of the District of Columbia
Janitorial Services
Part I – Technical Proposal
Solicitation No.: GF-2025-R-0020 Due Date: August 7, 2025 Page No. | 94
Use or disclosure of data contained on this sheet is subject to the restrictions on the title page of this proposal .
13.2 Business License
14 General Standards of Responsibility
TPM Group hereby acknowledges receipt of the responsibility determination requirements as
outlined in Section L.15.1 of the solicitation. We fully understand that, upon request, we are
required to submit documentation within five (5) business days to demon strate our capability to
perform all contract requirements to the satisfaction of the University of the District of Columbia.
TPM Group affirms its commitment to comply with the following conditions for responsibility
determination:
• Financial Capacity: We possess adequate financial resources and/or the ability to secure the
resources necessary to perform the contract successfully.
• Performance Schedule Compliance: We will fully comply with the required performance and
delivery schedule, accounting for all current commercial and government commitments.
Performance & Payment Bonds
BondNo.43133,
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BASEYEAR*BONDTERMEFFECTIVE:9/12/2025-9/12/2026,
KNOWALLMENBYTHESEPRESENTS.Thatwe,hePrincipalandSurey(ies)heretoarefirmlyboundsotheDistrictofColumbiaGovernment,amunicipalcorporation,hereina(tercalledtheDistrict.intheabovepenalsumforthepaymentofwhichwe
bindourselves,ourheits,executors,andsuccessors,“jointly”and“severally”;Providedthat.wheretheSurety(ies)arecorporations
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actionoractionsagainstanyorallofus,andforallotherpurposeseachSuretybindsitself,jointlyandseverallywiththePrincipal,
forthepaymentofsuchsumonlyasissetforthoppositethenameofsuchSurety,butifnolimitoflabilityisindicated,thelimitof
liabilityshallbethefullamountofthepenalsum.
THECONDITIONOFTHISOBLIGATIONISSUCH,thatwhereasthePrincipalenteredintotheContractidentifiedabove.
NOWTHEREFORE,ifthePrincipalshallwellanctrulyperformandfullallundertakings,covenants,termsandcondition,and
agreementsoftheContractduringtheoriginaltermoftheContractandanyextensionthereofthatmaybegrantedbytheDistrictwith
‘oFwithoutnoticetotheSurety,andduringthelifeofguarantyrequiredundertheContract,andshallalsowellandtrulyperformand
{Ullaltheundertakings,covenants,terms,conditionsandagreementsofanydulyauthorizedmodificationsoftheContractthatmay
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specificallystipulatedintheContractoronaccountofanyinjurytopersonsordamagetopropertyorpremisesthatoccurasaresult
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aboveobligationshallbevoid:otherwisetoremaininfullforceandvirtue.
INWITNESSWEHREOF,thePrincipalandSurety(ies)haveexecutedthisperformancebondandhaveaffixedtheirsealsonthedate
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INSTRUCTIONS
1.ThefulllegalnameandbusinessadilressofthePrincipalshallbeinsertedinthespacedesignated“Principal”conthefaceofthisform.ThebondshallbesignedbytheauthorizedpersonsigningtheContract.WhensuchpersonsigningisotherthanthePresidentorVice-Presidentofa corporation,evidenceofauthorityshallbefurnished.SuchevidenceshallbeintheformofeitheranExtractofMinutesofameetingoftheBoardofDirectors,orExtractofBylaws,certifiedbytheCorporateSecretary,orAssistantSecretaryandwithCorporateSealaffixedthereto,
2. CorporationsexecutingthebondassuretiesshallbeamongthoseappearingontheU.S.TreasuryDepartment's‘ofapprovedsuretiesandshallbeactingwithinthe limitationssetforththerein,andshallalsobelicensedbytheInsuranceAdministration,DepartmentofConsumerandRegulatoryAffairs,todobusinessintheDistrictofColumbia.Thesuretyshall(1)insertonthebondformthenameandaddressesoftheagencyreceivingthecommission;and(2)attachanadequatePower-of-Attoneyforeachrepresentativesigningthebond.
3. CorporationsexecutingthebondshallaffixtheirCorporateSeals.Individualsshallsignfullfirstname,middleinitialandlastnameoppositetheword“seal”:twowitnessesshallsignandincludetheiraddresses,underthe‘word“witness”.IfexecutedinMaineorNewHampshire,anadhesivesealshallbeaffixed.
4. Thenameofeachpersonsigningthisperformancebondshallbetypedinthespaceprovided
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PAYMENT BOND “ss(CONSTRUCTION)(SeelaractonsonReve) September12,2025
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BASEYEAR
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KNOWALLMENBYTHESEPRESENTS.Thatwe,thePrincipalandSurety(ies)heretoarefirmlyboundstotheDistrictofColumbiaGovernment,amunicipalcorporation,hereinaftercalledtheDistrict,intheabovepenalsumforthepaymentofwhichwebindourselves,ourheirs,executors,andsuccessors,“jointly”and“severally”onlyforthepurposeofallowingajointactionoractionsagainstanyorallofus,andforallotherpurposeseachSuretybindsitself,jointlyandseverallywiththePrincipal,forthepaymentofsuchsumonlyasissetforthoppositethenameofsuchSurety,butif‘nolimitofliabilityiindicated,thelimitofliabilityshallbethefullamountofthepenalsum.
THECONDITIONOFTHISOBLIGATIONISSUCH,thatwhereasthePrincipalenteredintotheContractidentiabove,
NOW,THEREFORE,ifthePrincipalshallpromptlymakepaymenttoallpersonssupplyinglaborandmaterialintheprosecutionoftheworkprovidedforintheContract,andanyandalldulyauthorizedmodificationsoftheContractthat‘mayhereafterbemade,noticeofwhichmodificationstotheSurety(ies)beingherebywaived,thentheaboveobligationshallbevoid:otherwisetoremaininfullforceandvirtue
INWITNESSWEHREOF,thePrincipalandSurety(ies)haveexecutedthisperformancebondandhaveaffixedtheirsealsonthedatesetforthabove.
PRINCIPAL
1.Signature 1Atiest
Ge) |
Name& Tie(oped) |Name& Title(yped) Carports
2Signature Taner
(Seal) Corporate
Name& Tile(yped) T Seal
Bond No. 4483133
SURETY(IES)
Tame&Adres(pet) NieAda feLaurenK.Burkhan,Attomey’
220SchilingCircle,Suite$26,HuntVaiey,MO2163|230SchitingCircle,Suite$38,HuntValley,MD21091
ThaneAaaoT Taco TabsDaeMarkelInsuranceCompany
}4521HighwoodsParkway,GlenAllen,VA23060 - $2,940,591.00Sa ofAnas iesem)
Y.Boutros MvptsWine
ct MelodyGist
TNamekhaboape Sieos TrayLie
TigaofAnapo cco) “
‘Seal
Tae Ade pea TanoA oR
BONDPREMIUM
TaePorsaad Taalema Tasie&AiresofRasyAt RacingCoe
RSCInsBrokerageInc25/15/1075 $31,871.00 230SchillingCiel,Suite338,HuntValley,MD21031
INSTRUCTIONS
‘ThefulllegalnameandbusinessaddressofthePrincipalshallbeinsertedinthespacedesignated“Principal”onthefaceofthisform.‘ThebondshallbesignedbytheauthorizedpersonsigningtheContract.WhensuchpersonsigningisotherthanthePresidentorVice-Presidentofacorporation,evidenceofauthorityshallbefurnished.SuchevidenceshallheintheformofetheranExtractofMinutesofameetingoftheBoardofDirectors,orExtractofBylaws,certifiedbytheCorporateSecretary,orAssistantSecretaryandwithCorporate‘Sealaffixedthereto.
CorporationsexecutingthebondassuretiesshallbeamongthoseappearingontheU.S.TreasuryDepartment'slistofapprovedsuretiesandshallbeactingwithinthelimitationssetforththerein,andshallalsobelicensedbytheInsuranceAdministration,DepartmentofConsumerandRegulatoryAffairs,todobusinessintheDistrictof|Columbia.Thesuretyshalt(1)insertonthebondformthenameandaddressesoftheagencyreceivingthe |commission;and(2)attachanadequatePower-of-Attomeyforeachrepresentativesigningthebond,
CorporationsexecutingthebondshallaffixtheirCorporateSeals.Individualsshallsignfullfirstname,middle|
initialandlastnameoppositetheword“seal”;twowitnessesshallsignandincludetheiraddresses,underthe |
‘word“witness”.IfexecutedinMaineorNewHampshire,anadhesivesealshallbeaffixed. |
‘Thenameofeachpersonsigningthispaymentbondshallbetypedinthespaceprovided. |
* poas_2010006
JOINT LIMITED POWER OF ATTORNEY
NOWALLMENBYTHESEPRESENTS:ThatSureTecInsuranceCompany,8CorporationdulyorganizedandexistingunderthelawsoftheStatofTexasandhavingts
principalofficeintheCountyofHaris,TexasandMarkelinsuranceCompany(the"Company",2corporationdulyorganizedandessingunderthelawsofthestateoflinols,andhavingtsprincipaladministrativeofficeinGenAllen,Virgina,doesbythesepresentsmake,constituteandappoint
CourtneyW.Judge,LauraE.Schoize,JohnT.Whipple,ThomasA.Whipple,LaurenK.Burkhart,MelodyGist,EricB.Goldstein
‘Theirtueandlawfulagent(s)andatorney()-n-ac,eachintherseparatecapacityifmorethanoneisramedabove,tomake,execute,sealanddeliverforandon‘theirownbehalf,individuallysasuretyorjointly,28co-sureties,aneasthelractanddeedanyandallbondsandotherundertakinginsuretyshipprovided,however,thatthepenalsumofanyonesuchinstrumentexecutedhereundershallnotexceedthesumof
(OneHundredMillionand00/100Dollars($100,000,000.00)
ThisPowerofAttorneyisgrantedandissignedandsealedunderandbytheInsuranceCompanyandMarkelinsuranceCompany: thorityofthefollowingResolutionsadoptedbytheBoardofDirectorsofSureTec
“RESOLVED,ThatthePresident,anySeniorVicePresident,VicePresident,AssistantVicePresident,Secretary,AssistantSBeretary,TreasurerorAssistantTreasurerandeachofthemherebyisauthorizedtoexecutepowersofattorney,anduchauthoritycanbeexecutedbyuseoffacsimilesignature,whichmaybeattestedoracknowledgedbyanyofficerorattorney,ofthecompany,qualifyingtheattorneyorattorneysnamedinthegivenpowerofattorney,toexecuteinbehalfof,andacknowledgeastheactanddeedoftheSureTecInsuranceCompanyandMarkelInsuranceCompany,asthecasemaybe,llondundertakingsandcontractsofSuretyship,andtoafithecorporateselthereto.”
INWITNESSWHEREOF,Marke!insuranceCompanyandSuteTecInsuranceCompanyhavecausedtheioffisealtobehereuntoaffixedandthesepresentstobesignedbytheirdulyauthorizedofficersonthe4hdayof May, 2005
SureTeeInsuranceCompany
ey‘WichaelC.Keimig,
StateofTexas‘CountyofHaris:
Onthis14mdayofwey, 22254.0,beforeme,aNotaryPublicatheStateofTexas,InandfortheCountyofHarts,ulycommissionedandqualified,‘cameTHEASOVEOFFICERSOFTHECOMPANIES,tomepersonallyknowntobetheindividualsandofficesdescribedinwhoexecutedtheprecedinginstrument,and‘theyacknowledgedtheexecutionofsame,andbeingbymedulysworn,disposedandsadthattheyaretheofficersofthesaidcompaniesaforesaid,andthatthe‘sealsaffixedtotheproceedinginstrumentaetheCorporateSealsofsaiCompanies,andthe#34CorporateSealsandtheirsignaturesasofficersweredulyaffixedandsubscribedtothesaidinstrumentbytheauthorityanddirectionofthesaecompanies,andthatResolutionsadoptedbytheBoardofDiectosofsaldCompaniesreferredtointheprecedinginstrumentsnowinforce
INTESTIMONYWHEREOF,{havehereuntosetmyhand,andaffixedmyomega Taggtrajars,theaayanyeaestabovewriten
5
$ %:
Beog Mycommisionexpres7/6/202827 te =WetheunersanedofiesfSureTeinsuranceComganyandMarke!uf ig lgertyhatteorignalPOWEROFATTORNEYofwhichtheforegoing.fleveandcoretcopysstilinfulforceandtftandnasfh
INWETNESSWHEREOF,wehavehereuntosetourhands,adaffixedtheSealsofsadCompanies,on the_12__¢éayof ___September2025
‘Mack!insuranceCompany‘SureTecInsuranceComeany e
oy1.Brenbeaty,AsstahtSecretary
‘AnystramanttueinexcesafpealstatedabovesataySe wien. <PF0006‘ForvereationoteauthortyofhisPoweryoumayeal(718120800enspybasinsdyoben8.30AYand890MCST.
Subcontracting Plan
SBE SUBCONTRACTNG PLAN | Revised October 2023
SECTION 1.BENEFICIARY AND SOLICITATION/CONTRACT/SPORTS WAGERING
APPLICANTINFORMATION
Section 1A. BENEFICIARY INFORMATION
Company: ______________ Contact #: __________ Email address: ________________
Street Address: ____________________________ City/ State/ Zip Code: ____________________________
Company’s point of contact for agency contract, private project, or Sports Wagering Licensee:
Point of Contact: ________________ Title: ________________
Contact #: _____________ Email address: _________________
Street Address: ____________________________________
Section 1B. SOLICITATION/CONTRACT/SPORTS WAGERING APPLICANT INFORMATION
Solicitation /Contract/ApplicantNo.: ________________ Solicitation Due Date: ________________
Agency: _____________ Total Dollar Amount of Contract: _________________
Please select all the applicable subcontracting requirements for this
solicitation:
35% Subcontracting Requirement
50% Subcontracting Requirement
DSLBD approved an adjusted subcontracting requirement:
Adjusted Subcontracting Requirement: ____%
Total Value of ALL CBE Subcontracts: _________________
(Include all lower tiers)
I affirm that the value of all my CBE Subcontracts meets or
exceeds the subcontracting requirement required under this
solicitation or contract. Further, I understand that DSLBD will
only provide credit towards my SBE Subcontracting Requirement
for work whereby a CBE provided a commercially useful function
with its own organization and resources.
I AGREE
I DISAGREE
Section 1C. CBE BENEFICIARY (ONLY COMPLETE IF THE BENEFICIARY IS A CERTIFIED BUSINESS ENTERPRISE)
If the Beneficiary is a Certified Business Enterprise, select all that apply and provide the following information:
I am a CBE that WILL perform 100% of the contracting effort with my own organization and resources and will not subcontract any
portion of the contract. Therefore, I am NOT required to submit an SBE Subcontracting Plan that demonstrates subcontracting.
I am a CBE that WILL NOT perform 100% of the contracting effort with my own organization and resources and will subcontract a
portion of the contract. Therefore, I understand I am required to submit an SBE Subcontracting Plan (located in Section on 2) that
demonstrates that the required subcontracting amount, as indicated above, will go to qualified CBEs.
Pl
ease include the percentage of the contract the CBE Prime will perform under the contract or project.
The CBE Prime will self-perform ____% of the contract’s total dollar volume of the contract or project.
Please provide the current CBE Certification Number of the CBE Prime.
CBE Certification No. ______________
Tyson Project Management Group, LLC
202-775-0096
Tyson@tysonpmgroup.com
1301 K Street, NW, Suite 300
Washington, DC 20005
Lincoln Tyson
Managing Principal
202-775-0096
tyson@tysonpmgroup.com
1301 K Street, NW, Suite 300, Washington, DC 20005
GF-2025-R-00 20
8/7/25
University of the District of Columbia
65
LSDZ78165092027
$14,747,657.41
$5,161,680.10
SBE SUBCONTRACTNG PLAN | Revised October 2023
BENEFICIARY ATTESTATION
I declare, certify, verify, attest , and state under penalty of perjury that the information provided above is
true and correct to the best of my knowledge and belief. P ursuant to D.C. Official Code § 22- 2402, I
understand that a person convicted of perjury shall be fined not more than $5,000 or imprisoned for not
more than 10 years, or both. I understand that any false or fraudulent statement that I provide or assert
may be grounds for revocation of my CBE registration pursuant to D.C. Official Code § 2- 218.63. Further,
a Prime Contractor, Developer, CBE, Certified Joint Venture, or Sports Wagering Licensee that fails to
comply with the requirements of the Small and Certified Business Enterprise Development and Assistance
Amendment Act of 2005, as amended, (D.C. Law 20 -108) (the “Act”), shall be subject to penalties as
outlined in the Act.
PRINT NAME: ____________________________ SIGNATURE: ____________________________
JOB TITLE: ____________________________ DATE: ____________________________
Section 2. SBE/CBE SUBCONTRACTORS (FOR EACH TIER):
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact:
CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
Lincoln Tyson
Managing Principal
August 7, 2025
Bolana Capitol Enterprises, Inc.
4299 Nannie Helen Boroughs Ave., NE
Washington, DC 20019
LSDZ4272062027
Janitorial area management and services
Valarie Dock
CEO
202-396-1636
vdock@bolanacapitol.com
$5,102,830.50
Certificate of Insurance
INSR ADDL SUBR
LTR INSR WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
COMMERCIAL GENERAL LIABILITY
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $
DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $
$
PRO-
OTHER:
LOC JECT
COMBINED SINGLE LIMIT
$ (Ea accident)
BODILY INJURY (Per person) $ANY AUTO
OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
AUTOS ONLY
HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below
POLICY
NON-OWNED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)
ACORD TM CERTIFICATE OF LIABILITY INSURANCE
Travelers Property Cas. Co. of America
Charter Oak Fire Insurance Company
Travelers Casualty & Surety Co. of Amer
Travelers Indemnity Co of America
9/15/2025
USI Insurance Services LLC-CL
3190 Fairview Park Drive Suite 400
Falls Church, VA 22042-4546
703 698-0788
Kaliyah Locke-Miller
703 698-0788 610 362-8377
USI.CertRequest@usi.com
Tyson Project Management Group, LLC
dba TM Group
1301 K Street NW, Suite 300
Washington, DC 20005
25674
25615
31194
25666
A X
X
X
P6602N271111TIL25 02/17/2025 02/17/2026 1,000,000
300,000
5,000
1,000,000
2,000,000
2,000,000
D
X
X HPD-Comp:1000
X X
X HPD-Comp:1000
BA2N2085522543G 02/17/2025 02/17/2026 1,000,000
A X X
X 10,000
CUP2N2714732543 02/17/2025 02/17/2026 5,000,000
5,000,000
B
N
UB2N2079242543G 02/17/2025 02/17/2026 X
1,000,000
1,000,000
1,000,000
C
C
C
CRIME-Client Prop
CYBER LIABILITY
CYBER LIABILITY
107226438
107226438
107226438
02/17/2025
02/17/2025
03/05/2025
02/17/2026
03/05/2025
02/17/2026
$100,000; Ret $2,500
$1,000,000
$5,000,000
Insurer A | PROP/Inland Marine | Pol. No. P6602N271111TIL25 | Eff: 2/17/2025 2/17/2026 | Limit: Blanket
per item/aggregate $100,000/Ded: $1,000 | SpecForm/ACV | Unsched Rented/Borrowed/Leased Contractor's Tools
and Equipment
The General Liability policy includes an automatic Additional Insured endorsement that provides Additional
(See Attached Descriptions)
1 of 2
#S50788036/M48421765
TYSONPRO1Client#: 1727867
JFSZP
University of the District ofColumbia
4200 Connecticut Avenue NW
Washington, DC 20008
SAGITTA 25.3 (2016/03)
DESCRIPTIONS (Continued from Page 1)
2 of 2
#S50788036/M48421765
Insured status to University of the District of Columbia, only when there is a written contract that
requiressuch status, and only with regard to work performed by or on behalf of the named insured. A
Waiver ofSubrogation applies in favor of the University of the District of Columbia for all claims made
against theDistrict.
P6602N271111TIL25
Page2of2
(COMMERCIALGENERALLIABILITY
(a)immediatelyrecordthespecificsoftheclaimor"suit"andthedatereceived;and
(b)Notifyusassoonaspracticableandseetoitthatwereceivewrittennoticeoftheclaimor“suit”assoonaspracticable.
(3)Immediatelysendus copiesofalllegalpapersreceivedinconnectionwiththeclaimor "suit",cooperatewithus in theinvestigationorsettlementoftheclaimordefenseagainstthe"suit",andotherwise‘complywithallpolicyconditions.
(©2018TheTravelersIndemnityCompany.Allrightsreserved
(4)Tenderthedefenseandindemnityofanyclaimor“suit”toanyproviderofotherinsurancewhichwouldcoversuchadditionalinsuredfora losswe cover.However,thisconditiondoesnotaffectwhethertheinsuranceprovidedto suchadditionalinsuredis primaryto otherinsuranceavailabletosuchadditionalinsuredwhichcoversthatpersonororganizationas anamedinsuredasdescribedinParagraph4.,OtherInsurance,ofSectionIV-CommercialGeneralLiabilityConditions.
CGD2 460419
COMMERCIAL GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read
the entire policy carefully to determine rights, duties and
what is and is not covered.
Throughout this policy the words "you" and "your" refer
to the Named Insured shown in the Declarations, and
any other person or organization qualifying as a Named
Insured under this policy. The words "we", "us" and
"our" refer to the company providing this insurance.
The word "insured" means any person or organization
qualifying as such under Section II - Who Is An
Insured.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V -
Definitions.
SECTION I - COVERAGES
COVERAGE A - BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "bodily injury" or "property damage"
to which this insurance applies. We will have
the right and duty to defend the insured against
any "suit" seeking those damages. However,
we will have no duty to defend the insured
against any "suit" seeking damages for "bodily
injury" or "property damage" to which this
insurance does not apply. We may, at our
discretion, investigate any "occurrence" and
settle any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section Ill - Limits
Of Insurance; and
(2) Our right and duty to defend end when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments.
b. This insurance applies to "bodily injury" and
"property damage" only if:
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes place
in the "coverage territory";
(2) The "bodily injury" or "property damage"
occurs during the policy period; and
(3) Prior to the policy period, no insured listed
under Paragraph 1. of Section II - Who Is
An Insured and no "employee" authorized
by you to give or receive notice of an
"occurrence" or claim knew that the "bodily
injury" or "property damage" had occurred,
in whole or in part. If such a listed insured
or authorized "employee" knew, prior to the
policy period, that the "bodily injury" or
"property damage" occurred, then any
continuation, change or resumption of such
"bodily injury" or "property damage" during
or after the policy period will be deemed to
have been known prior to the policy period.
c. "Bodily injury" or "property damage" which
occurs during the policy period and was not,
prior to the policy period, known to have
occurred by any insured listed under Paragraph
1. of Section II - Who Is An Insured or any
"employee" authorized by you to give or receive
notice of an "occurrence" or claim, includes any
continuation, change or resumption of that
"bodily injury" or "property damage" after the
end of the policy period.
d. "Bodily injury" or "property damage" will be
deemed to have been known to have occurred
at the earliest time when any insured listed
under Paragraph 1. of Section II - Who Is An
Insured or any "employee" authorized by you to
give or receive notice of an "occurrence" or
claim:
(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or any
other insurer;
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
CG T100 0219 © 2017 The Travelers Indemnity Company . All rights reserved. Page 1 of 21
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
P6602N271111TIL25
COMMERCIALGENERALLIABILITY
Page16of21
¢. MethodOfSharing
Ifalloftheotherinsurancepermitscontributionbyequalshares,wewillfollowthismethodalso.Underthisapproacheachinsurercontributesequalamountsuntilithaspaiditsapplicablelimitofinsuranceornoneofthelossremains,whichevercomesfirst.
Ifanyoftheotherinsurancedoesnotpermitcontributionbyequalshares,wewillcontributeby limits.Underthismethod,eachinsurer'sshareisbasedontheratioofitsapplicablelimitofinsurancetothetotalapplicablelimitsofinsuranceofallinsurers.
a. We willcomputeallpremiumsforthisCoveragePartinaccordancewithourrulesandrates.
b. PremiumshowninthisCoveragePartasadvancepremiumisadepositpremiumonly.AtthecloseofeachauditperiodwewillcomputetheearnedpremiumforthatperiodandsendnoticetothefirstNamedInsured.Theduedateforauditandretrospectivepremiumsisthedateshownastheduedateonthebill.Ifthesumoftheadvanceandauditpremiumspaidforthepolicyperiodisgreaterthantheeamedpremium,wewillreturntheexcesstothefirstNamedInsured.
ThefirstNamedInsuredmustkeeprecordsofthe informationwe need for premiumcomputation,andsenduscopiesatsuchtimesaswemayrequest,
Representations
Byacceptingthispolicy,youagree:
a. The statementsin the Declarationsareaccurateandcomplete;
b. Those statementsare based uponrepresentationsyoumadetous;and
c. We haveissuedthispolicyinrelianceuponyourrepresentations.
Theunintentionalomissionof,orunintentionalerrorin,anyinformationprovidedbyyouwhichwerelieduponinissuingthispolicywillnotprejudiceyourrightsunderthisinsurance.However,thisprovisiondoesnotaffectourrighttocollectadditionalpremiumortoexerciseourrightsofcancellationornonrenewalinaccordancewithapplicableinsurancelawsorregulations.
IftheinsuredhasrightstorecoverallorpartofanypaymentwehavemadeunderthisCoveragePart,thoserightsaretransferredtous.Theinsuredmustdonothingafterlosstoimpairthem.Atourrequest,theinsuredwillbring"suit"ortransferthoserightstousandhelpusenforcethem.
WhenWe DoNotRenew
IfwedecidenottorenewthisCoveragePart,wewillmailordelivertothefirstNamedInsuredshownintheDeclarationswrittennoticeofthenonrenewalnotlessthan30daysbeforetheexpirationdate.
Ifnoticeismailed,proofofmailingwillbesufficientproofofnotice.
‘SECTIONV -DEFINITIONS
1
(©2017TheTravelersIndemnityCompany.llrightsreserved.IncludescopyrightedmaterialofInsuranceServicesOffice,
"Advertisement"meansanoticethatisbroadcastorpublishedtothegeneralpublicorspecificmarketSegmentsaboutyourgoods,productsorservicesforthepurposeof attractingcustomersorsupporters.Forthepurposesofthisdefinition:
‘a.NoticesthatarepublishedincludematerialplacedontheInternetoronsimilarelectronicmeansofcommunication;and
b. Regardingwebsites,onlythatpartofawebsitethatisaboutyourgoods,productsorservicesforthepurposesofattractingcustomersorsupportersisconsideredanadvertisement.
CG T1000219 inc.withitspermission,
COMMERCIALGENERAL LIABILITYTHIS ENDORSEMENTCHANGESTHEPOLICY. PLEASEREAD ITCAREFULLY.XTEND ENDORSEMENT FOR SERVICE INDUSTRIESThisendorsementmodifiesinsuranceprovided under the following:GENERAL DESCRIPTIONOFCOVERAGE–Thisendorsementbroadens coverage.However,coverageforanyinjury,damageor medicalexpensesdescribedin anyoftheprovisionsofthisendorsement maybeexcludedor limited by another endorsementtothisCoverage Part,and thesecoveragebroadeningprovisionsdonotapplytotheextent thatcoverageisexcluded orlimitedbysuch anendorsement. Thefollowing listingisageneralcoverage descriptiononly.Read allthe provisionsofthisendorsement andthe rest ofyourpolicycarefullytodetermine rights, duties,andwhatis andisnotcovered.G.BlanketAdditionalInsured–GovernmentalA.WhoIsAn Insured–Unnamed Subsidiaries Entities–PermitsOr Authorizations Relating ToB.WhoIsAn Insured–EmployeesAnd VolunteerPremisesWorkers–BodilyInjuryToCo-EmployeesAndH.BlanketAdditionalInsured–GovernmentalCo-Volunteer Workers Entities–PermitsOr Authorizations Relating ToC.WhoIsAnInsured–Newly Acquired Or FormedOperationsLimited LiabilityCompanies I.BlanketAdditionalInsured–Grantors OfD.BlanketAdditionalInsured–Broad FormFranchisesVendors J.IncidentalMedicalMalpracticeE.BlanketAdditionalInsured–Controlling InterestK.BlanketWaiver Of SubrogationF.BlanketAdditionalInsured–Mortgagees,
b.Afterthe date, ifany,duringthepolicyperiodPROVISIONS thatyounolonger maintainanownershipinterestofmore than 50% insuchsubsidiary.A.WHOIS ANINSURED–UNNAMEDSUBSIDIARIES 1.IIForpurposesofParagraphofSection–WhoIs An Insured,each such subsidiarywillbeSECTIONII–WHOISThefollowing isadded to deemed to be designatedintheDeclarationsas:ANINSURED: a.A limitedliabilitycompany;Anyofyour subsidiaries, other than a partnershipb.Anorganizationotherthanapartnership,or joint venture,thatis notshown asaNamed jointventure or limited liabilitycompany; orInsured in theDeclarationsis aNamedInsuredif: c.A trust;a. asindicated in itsnameor thedocumentsthatYouare the soleowner of, ormaintainangovern itsstructure.ownership interestofmore than 50% in,suchsubsidiaryonthefirst dayofthepolicyB.WHOIS ANINSURED–EMPLOYEESANDVOLUNTEER WORKERS–BODILY INJURYperiod;and TOCO-EMPLOYEES AND CO-VOLUNTEERb.Such subsidiaryisnot an insured under WORKERSsimilarother insurance. 2.a.(1)Thefollowing isaddedtoParagraphofNosuchsubsidiaryis an insured for"bodilySECTIONII–WHOISANINSURED:injury"or"property damage"thatoccurred,or (1)(a)(b)(c)Paragraphs,andabovedonot"personaland advertisinginjury"caused byanapplyto"bodilyinjury"to a co-"employee"whileoffense committed: inthe courseofthe co-"employee's"employmenta.Beforeyoumaintainedanownershipinterest by youorperforming dutiesrelated to theofmore than 50% insuch subsidiary;or conductofyourbusiness, or to"bodilyinjury"toCG D4 6702 19 Page1of5©2017TheTravelers IndemnityCompany.All rights reserved.Includescopyrighted material of InsuranceServices Office,Inc. with its permission.
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Assignees, Successors Or Receivers
P6602N271111TIL25
COMMERCIAL GENERAL LIABILITY D.BLANKETADDITIONAL INSURED–BROADyour other"volunteerworkers"whileperforming FORM VENDORSdutiesrelatedtothe conduct ofyour business. SECTIONII–WHOISThefollowing isadded toC.WHOIS AN INSURED–NEWLY ACQUIREDANINSURED:ORFORMEDLIMITEDLIABILITYCOMPANIESAnyperson ororganizationthatisavendor and3.Thefollowing replaces Paragraph of thatyouhaveagreed in awrittencontract orSECTIONII–WHOISANINSURED: agreement to include asan additionalinsured on3.Any organizationyou newly acquire or form, thisCoverage Part isan insured, but only withother than apartnership orjointventure,and respectto liabilityfor"bodilyinjury"or"propertyofwhich youarethesoleowner orinwhich damage"that:you maintain an ownership interest ofmore a.than50%, willqualifyasaNamedInsured if Occurssubsequentto thesigningofthatthere isnoothersimilarinsuranceavailable contract or agreement; andtothatorganization. However: b.Arisesoutof"your products"thatarea.Coverage under this provision is distributed orsold inthe regular courseofafforded only: such vendor'sbusiness.(1)Untilthe180th dayafter youacquireTheinsuranceprovidedtosuch vendorissubjector formtheorganizationor the endtothe following provisions:ofthe policyperiod, whicheverisa.Thelimitsofinsuranceprovided tosuchearlier,ifyoudo notreport suchvendor willbe theminimumlimitsthatyouorganization in writing to uswithin agreedto provide in the written contract or180 daysafteryouacquireor formit; agreement, orthe limitsshown intheor Declarations, whicheverare less.(2)Untiltheend ofthepolicyperiod, b.Theinsuranceprovided tosuch vendor doeswhen thatdateislater than 180 days notapply to:after youacquireor formsuch(1)organization,ifyou report such Anyexpresswarrantynotauthorizedbyorganization in writing to uswithin youorany distributionor sale fora180 afteryouacquire or formit; purposenotauthorizedbyyou;b. A (2)Coveragedoesnot applyto"bodilyAny changein"yourproducts"made bysuch vendor;injury"or"propertydamage"thatoccurred beforeyouacquired orformed (3)Repackaging,unlessunpacked solelyforthe organization; and the purpose ofinspection,c.B demonstration, testing,ortheCoveragedoesnotapply to"personaland advertising injury"arising out ofan substitutionofpartsunder instructionsoffensecommittedbefore you acquired fromthe manufacturer, andthenor formed the organization. repackaged intheoriginalcontainer;1 (4)ForthepurposesofParagraph. ofSectionAnyfailure tomakesuch inspections,II–WhoIsAn Insured, each such adjustments, testsorservicingasorganization will bedeemed to be vendors agreeto performornormallydesignated in the Declarationsas: undertaketoperforminthe regularcourseofbusiness, in connection witha.A limitedliabilitycompany;thedistributionor sale of"yourb.Anorganization, other than a products";partnership,joint ventureor limited(5)Demonstration,installation, servicing orliabilitycompany;or repairoperations, exceptsuchc.A trust; operations performedatsuch vendor'sasindicatedin itsnameor thedocumentspremisesinconnection with thesaleofthatgovern itsstructure."yourproducts"; or
CG D4 6702 19Page2of5 ©2017TheTravelers IndemnityCompany.All rights reserved.Includescopyrighted material of InsuranceServices Office,Inc. with its permission.
days
COMMERCIAL GENERAL LIABILITY(6) a."Your products"that,afterdistributionor Is"bodilyinjury"or"propertydamage"thatsale by you, havebeenlabeled or occurs, oris"personalandadvertising injury"relabeledorused asacontainer, partor caused byanoffensethat iscommitted,ingredientofany other thing or subsequenttothesigning ofthat contract orsubstanceby oronbehalfofsuchagreement;andvendor. b.Arisesoutoftheownership, maintenance oruseofthe premisesforwhich thatCoverage under thisprovision doesnotapplyto: mortgagee, assignee, successororreceivera.Anyperson ororganizationfromwhomyou isrequired under thatcontract or agreementhaveacquired"yourproducts", orany tobeincluded asan additionalinsuredoningredient, partorcontainerentering into, this Coverage Part.accompanying orcontainingsuch products;The insuranceprovided to such mortgagee,or assignee,successor orreceiver issubject totheb.Any vendorforwhich coverage asanfollowing provisions:additionalinsured specificallyisscheduleda.byendorsement. Thelimitsofinsuranceprovidedtosuchmortgagee, assignee, successororreceiverE.BLANKETADDITIONALINSURED– willbetheminimumlimitsthatyouagreedtoCONTROLLING INTEREST provideinthewritten contractor agreement,1. SECTION II–The following is addedto or the limits shownin the Declarations,WHOIS ANINSURED: whichever are less.Anyperson or organizationthat hasfinancialb.Theinsuranceprovidedtosuch person orcontrolofyouis aninsured withrespect to organization doesnot applyto:liabilityfor"bodilyinjury","property damage" (1)Any"bodilyinjury"or"propertydamage"or"personaland advertising injury"thatthatoccurs, or any"personalandarisesout of: advertisinginjury"causedbyan offensea.Such financialcontrol;or thatiscommitted,after such contract orb. agreement isnolonger ineffect; orSuch person'sororganization'sownership,maintenanceor useof (2)Any"bodilyinjury","property damage"orpremisesleased to or occupied by you. "personaland advertising injury"arisingoutofany structuralalterations, newTheinsuranceprovided tosuch person or construction ordemolition operationsorganization doesnot apply to structuralperformedby or on behalfofsuchalterations, newconstructionor demolition mortgagee,assignee,successororoperations performedbyor onbehalfofsuch receiver.person ororganization.2. 4.G.BLANKETADDITIONALINSURED–Thefollowing is addedto ParagraphofSECTIONII–WHOISANINSURED GOVERNMENTAL ENTITIES–PERMITSOR: AUTHORIZATIONSRELATINGTO PREMISESThisparagraph doesnotapplyto anypremisesowner,manager or lessor thathas SECTIONII–WHOISThefollowing isadded tofinancial controlofyou. ANINSURED:F.BLANKETADDITIONALINSURED– Any governmentalentitythathasissued a permitMORTGAGEES,ASSIGNEES,SUCCESSORS or authorizationwithrespect topremisesownedORRECEIVERS or occupied by,or rented or loaned to,youandthatyou are required byany ordinance,law,SECTIONII–WHOISThefollowing isadded toANINSURED building codeor writtencontract oragreement to: includeas anadditionalinsured on thisAnyperson or organizationthat is amortgagee,Coverage Part is an insured, butonlywithassignee,successoror receiver and thatyou respecttoliabilityfor"bodilyinjury","propertyhaveagreed in a written contract or agreementdamage"or"personaland advertisinginjury"toincludeasan additionalinsured onthisarising outofthe existence,ownership,use,Coverage Part is an insured, butonlywith maintenance,repair, construction,erection orrespect to its liability asmortgagee,assignee,removal ofany ofthefollowing for which thatsuccessororreceiverfor"bodilyinjury","propertygovernmentalentity hasissued such permitordamage"or"personaland advertisinginjury" authorization:advertisingsigns, awnings,that:CG D4 6702 19 Page3of5©2017TheTravelers IndemnityCompany.All rights reserved.Includescopyrighted material of InsuranceServices Office,Inc. with its permission.
COMMERCIAL GENERAL LIABILITYcanopies, cellarentrances, coalholes, medicalservices", first aidor"Gooddriveways, manholes, marquees, hoist away Samaritanservices"to a person,unlessopenings, sidewalkvaults, elevators, streetyou are in the businessoroccupation ofbannersordecorations. providingprofessional health careservices.H.BLANKETADDITIONALINSURED–GOVERNMENTAL ENTITIES–PERMITSOR 2.Thefollowingreplacesthelast paragraphofAUTHORIZATIONS RELATINGTO 2.a.(1)SECTIONII–WHOISParagraphofOPERATIONS ANINSURED:SECTIONII–WHOIS UnlessyouareinthebusinessoroccupationThefollowing isadded to ofprovidingprofessionalhealthcareANINSURED: (1)(a)(b)(c)(d)services, Paragraphs,,andAny governmentalentitythathasissued a permit abovedo not applyto"bodilyinjury"arisingor authorizationwith respect to operationsoutofproviding or failingto provide:performedby youor on yourbehalfand that you (a)"Incidentalmedicalservices"by any ofare required byany ordinance,law,building code your"employees"who isanurse,nurseor written contract oragreement toincludeasan assistant,emergencymedicaladditionalinsuredon thisCoverage Partisan technician,paramedic,athletic trainer,insured, but onlywithrespectto liabilityfor audiologist, dietician,nutritionist,"bodilyinjury","property damage"or"personal occupationaltherapist or occupationaland advertising injury"arising outofsuch therapy assistant, physicaltherapist oroperations. speech-language pathologist; orThe insurance providedto such governmental (b)First aidor"Good Samaritanservices"entitydoesnotapply to: by any ofyour"employees"or"volunteera.Any"bodilyinjury","property damage"or workers", otherthan an employedor"personaland advertising injury"arising out volunteerdoctor. Anysuch"employees"ofoperationsperformedforthe or"volunteerworkers"providingor failinggovernmentalentity;or toprovidefirst aid or"Good Samaritanservices"duringtheirwork hours foryoub.Any"bodilyinjury"or"propertydamage" willbedeemedtobeacting withintheincludedin the"products-completed scope oftheiremployment by you oroperations hazard". performingdutiesrelatedto the conductI.BLANKETADDITIONALINSURED– ofyour business.GRANTORS OFFRANCHISES 3.The following replacesthe lastsentenceofSECTIONII–WHOISThefollowing isadded to 5.SECTIONIII–LIMITSOFParagraphofANINSURED: INSURANCE:Anyperson ororganization thatgrantsa Forthe purposes ofdetermining thefranchise to you is an insured, but onlywith applicableEach OccurrenceLimit,allrelatedrespecttoliabilityfor"bodilyinjury","property actsor omissions committed inproviding orfailingto provide"incidentalmedicaldamage"or"personaland advertisinginjury" services", first aidor"Good Samaritanarising out ofyour operationsin the franchise services"to anyone person willbe deemedgrantedby thatperson ororganization. tobeone"occurrence".Ifawritten contract oragreement exists between 4.The following exclusion isaddedtoyouand such additionalinsured,thelimitsof 2.ExclusionsSECTIONI–Paragraph, , ofinsuranceprovidedto such insured willbethe COVERAGES–COVERAGE A–BODILYminimumlimits that youagreed toprovideinthe INJURY AND PROPERTYDAMAGEwritten contract oragreement,or thelimits LIABILITY:shown intheDeclarations, whichever are less. Sale OfPharmaceuticalsJ.INCIDENTAL MEDICAL MALPRACTICE "Bodilyinjury"or"propertydamage"arising1. b.ThefollowingreplacesParagraphoftheoutoftheviolationofapenalstatute ordefinition of"occurrence"in the ordinancerelatingto the saleofDEFINITIONSSection: pharmaceuticalscommittedby, orwith theb.Anact oromission committed in knowledge orconsent of,the insured.providingor failingtoprovide"incidental CG D4 6702 19Page4of5 ©2017TheTravelers IndemnityCompany.All rights reserved.Includescopyrighted material of InsuranceServices Office,Inc. with its permission.
COMMERCIAL GENERAL LIABILITY5. DEFINITIONS 2.a.(1)IIThefollowing isadded tothe subject to Paragraph ofSection–Section: WhoIsAn Insured.K.BLANKETWAIVER OFSUBROGATION"Incidentalmedicalservices"means:a.Medical,surgical,dental,laboratory, x- 8.TransferThefollowingis added toParagraph,rayornursing serviceor treatment, OfRights OfRecovery AgainstOthers ToUs,advice orinstruction, orthe related SECTIONIV–COMMERCIAL GENERALoffurnishing offoodor beverages; orLIABILITYCONDITIONS:b.Thefurnishing ordispensing ofdrugsor Ifthe insuredhasagreed in a contract ormedical,dental, or surgicalsuppliesor agreementtowaivethat insured'sright ofappliances. recovery against any person ororganization, we6. 4.b.Thefollowing isadded toParagraph, waiveour rightofrecovery againstsuch personExcess InsuranceSECTIONIV–, of or organization, butonlyforpaymentswe makeCOMMERCIALGENERALLIABILITY becauseof:CONDITIONS: a."Bodilyinjury"or"property damage"thatThisinsuranceisexcessover anyvalid and occurs; orcollectibleotherinsurance,whether primary,excess,contingent oron anyother basis, b."Personaland advertisinginjury"causedbythatisavailable toany ofyour"employees" anoffensethatiscommitted;for"bodilyinjury"thatarisesoutofproviding subsequenttotheexecution ofthecontractoror failing to provide"incidentalmedical agreement.services"toany person totheextentnot
CG D4 6702 19 Page5of5©2017TheTravelers IndemnityCompany.All rights reserved.Includescopyrighted material of InsuranceServices Office,Inc. with its permission.
BA2N2085522543G
Page2of4
COMMERCIALAUTO
permission,whileperformingdutiesfelatedtotheconductofyourbusi-ness.
However,any“auto”thatisleased,hired,fentedorborrowedwitha driverisnotacovered“auto”.
D. EMPLOYEESAS INSURED
ThefollowingisaddedtoParagraphA.1.,WhoIsAnInsured,ofSECTIONIl-COVEREDAUTOSLIABILITY COVERAGE:
‘Any"employee"ofyoursisan“insured”whileus-ing a covered “auto”you don'town, hireor borrow
inyourbusinessoryourpersonalaffairs.
. SUPPLEMENTARYPAYMENTS~ INCREASEDLIMITS:
1. ThefollowingreplacesParagraphA.2.a.(2),ofSECTIONIl- COVERED AUTOS LIABIL-ITYCOVERAGE:
(2)Up to$3,000forcostofbailbonds(in-cludingbondsforrelatedtrafficlawviola-tions)requiredbecauseofan“accident”
we cover.We do nothavetofumishthesebonds.
2. ThefollowingreplacesParagraphA.2.a.(4),ofSECTIONIl- COVERED AUTOS LIABIIITYCOVERAGE:
(4)Allreasonableexpensesincurredbythe“insured”atourrequest,includingactuallossof earningsupto$500a daybe-causeoftimeofffromwork.
; HIREDAUTO — LIMITEDWORLDWIDE COVv-ERAGE -INDEMNITYBASIS
ThefollowingreplacesSubparagraph()inPara-graphB.7.,PolicyPeriod,CoverageTerritory,ofSECTIONIV- BUSINESSAUTO CONDI-TIONS:
(5)Anywhereintheworld,exceptanycountryorjurisdictionwhileanytradesanction,em-bargo,orsimilarregulationimposedbytheUnitedStatesofAmericaappliestoandpro-hibitsthetransactionofbusinesswithorwithinsuchcountryorjurisdiction,forCov-eredAutosLiabilityCoverageforanycovered“auto” that you lease, hire, rent or borrow
withoutadriverforaperiodof30daysorlessand that isnot an “auto” you lease, hire,rent
orborrowfromanyofyour“employees”,partners(ifyouareapartnership),members(ifyou area limitedliabilitycompany)ormembersoftheirhouseholds.
(©2015TheTravelersIndemnityCompany.Alrightsreserved.
(a)Withrespecttoanyclaimmadeor"suit"
broughtoutsidetheUnitedStatesofAmerica,theterritoriesandpossessionsoftheUnitedStatesofAmerica,PuertoRicoandCanada:
(i)Youmustarrangetodefendthe“in-sured”against,andinvestigateorset-
tleanysuchclaimor“suit”andkeepusadvisedofallproceedingsandac-tions.
“(ii)Neitheryounoranyotherinvolved“insured”willmakeanysettiementwithoutourconsent.
We may,atourdiscretion,participate
indefendingthe“insured”against,orinthesettlementof,anyclaimor“suit”,
(iv)We willreimbursethe“insured”forsumsthatthe"insured"legallymustpayasdamagesbecauseof"bodilyinjury”or“propertydamage"towhichthisinsuranceapplies,thatthe“in-sured"payswithourconsent,butonlyuptothelimitdescribedinPara-graphC.,LimitsOf Insurance,ofSECTIONIl- COVEREDAUTOSLIABILITYCOVERAGE.
(v)We willreimbursethe"insured"forthereasonableexpensesincurredwithourconsentforyourinvestiga-tionofsuchclaimsandyourdefenseofthe"insured"againstanysuch"suit",butonlyuptoandincludedwithinthelimitdescribedinPara-graphC.,LimitsOf Insurance,ofSECTIONIl- COVERED AUTOSLIABILITYCOVERAGE,andnotinadditiontosuchlimit.Ourdutytomakesuchpaymentsendswhenwehaveuseduptheapplicablelimitofinsuranceinpaymentsfordamages,settlementsordefenseexpenses.
(b)Thisinsuranceisexcessoveranyvalidandcollectibleotherinsuranceavailable
tothe“insured”whetherprimary,excess,contingentoronanyotherbasis,
insuranceisnota substituteforre-
quiredorcompulsoryinsuranceinanyCountryoutsidetheUnitedStates,itster-
fitoriesandpossessions,PuertoRicoandCanada.
(c)
CATS 530215IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.wthitspermission
Youagreetomaintainallrequiredorcompulsoryinsuranceinanysuchcoun-tryuptotheminimumlimitsrequiredbylocallaw.Yourfailuretocomplywithcompulsoryinsurancerequirementswillnotinvalidatethecoverageaffordedbythispolicy,butwewillonlybeliabletothesameextentwe wouldhavebeenliablehadyoucompliedwiththecompulsoryin-surancerequirements.
Itisunderstoodthatwearenotanadmit-tedor authorizedinsureroutsidetheUnitedStatesofAmerica,itsterritoriesandpossessions,PuertoRicoandCan-ada.We assumenoresponsibilityforthefurnishingofcertificatesofinsurance,orforcomplianceinanywaywiththelawsofothercountriesrelatingtoinsurance.
G. WAIVEROF DEDUCTIBLE-GLASS.
ThefollowingisaddedtoParagraphD.,Deducti-ble,ofSECTIONIll- PHYSICALDAMAGECOVERAGE:
No deductiblefora covered“auto”willapplytoglassdamageiftheglassisrepairedratherthanreplaced.
H, HIREDAUTO PHYSICALDAMAGE - LOSSOFUSE - INCREASEDLIMIT
ThefollowingreplacesthelastsentenceofPara-graphA.4.b.,LossOfUseExpenses,ofSEC-TIONIll-PHYSICALDAMAGECOVERAGE:
However,themostwewillpayforanyexpensesforlossofuseis$65perday,toamaximumof$750foranyone“accident”.
|.PHYSICALDAMAGE - TRANSPORTATIONEXPENSES-INCREASEDLIMIT
ThefollowingreplacesthefirstsentenceinPara-graphA.4.a.,TransportationExpenses,ofSECTIONill- PHYSICALDAMAGECOVER-AGE:
We willpayupto$50perdaytoamaximumof$1,500fortemporarytransportationexpensein-curred by you because of the totaltheftofa cov-
ered“auto”oftheprivatepassengertype.
J. PERSONALPROPERTY
The followingis added to Paragraph A.4.,Cover-
age Extensions, of SECTION Ili- PHYSICAL
DAMAGE COVERAGE:
PersonalProperty
We willpayupto$400for“loss"towearingap-parelandotherpersonalpropertywhichis:
(1)Ownedbyan“insured”;and
(d)
CAT3530215 (©2015TheTravelersIndemnityCompany.Allrightsreserved.
COMMERCIALAUTO
(2)Inoronyourcovered“auto”.
Thiscoverageappliesonlyintheeventofatotaltheftofyourcovered"auto".
No deductiblesapplytothisPersonalPropertycoverage,
AIRBAGS
ThefollowingisaddedtoParagraphB.3.,Exclu-sions,ofSECTIONIll~ PHYSICALDAMAGE,COVERAGE:
Exclusion3.a.doesnotapplyto"loss"tooneormoreairbagsinacovered"auto"youownthatin-flateduetoa causeotherthana causeof“loss”setforthinParagraphsA.1.b.andA.t.c.,butonly:
a. Ifthat“auto”is@ covered“auto”forCompre-hensiveCoverageunderthispolicy;
b. Theairbagsarenotcoveredunderanywar-ranty;and
c. Theairbagswerenotintentionallyinflated.
We willpayuptoa maximumof$1,000foranyone"loss".
NOTICEAND KNOWLEDGE OF ACCIDENTOR,Loss
ThefollowingisaddedtoParagraphA.2.a.,ofSECTIONIV- BUSINESSAUTO CONDITIONS:
‘Yourdutytogiveusorourauthorizedrepresenta-tivepromptnoticeofthe"accident"or“loss”ap-pliesonlywhenthe“accident”or"loss"isknownto:
(a)You(ifyouareanindividual);
(b)A partner(ifyouareapartnership)
(c)A member (ifyouarealimitedliabilitycom-
pany);
(d)An executiveofficer,directororinsurancemanager(ifyouarea corporationorotheror-
ganization);
(e)Any"employee"authorizedbyyoutogiveno-ticeofthe"accident"or"loss".
BLANKETWAIVEROF SUBROGATION
‘ThefollowingreplacesParagraphA.5.,TransferOfRightsOfRecoveryAgainstOthersTo Us,ofSECTIONIV- BUSINESSAUTO CONDI-TIONS:
5. TransferOf RightsOf RecoveryAgainstOthersToUs
We waiveanyrightofrecoverywemayhaveagainstanypersonororganizationtotheex-tentrequiredofyouby a writtencontractsignedandexecutedpriortoany“accident”or"loss",providedthatthe"accident"or“loss”arisesoutofoperationscontemplatedby
Page3of4IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.withitspermission.
COMMERCIALAUTO
‘suchcontract.Thewaiverappliesonlytothepersonororganizationdesignatedinsuchcontract.
N. UNINTENTIONALERRORS OR OMISSIONS
ThefollowingisaddedtoParagraphB.2.,Con-cealment,Misrepresentation,Or Fraud,of‘SECTIONIV-BUSINESSAUTO CONDITIONS:
Page4 of4 ©2015TheTravelersIndemnityCompany.Allrightsreserved.
The unintentionalomissionof,orunintentional
errorin,anyinformationgivenbyyoushallnotPrejudiceyourrightsunderthisinsurance.How-everthisprovisiondoesnotaffectourrighttocol-
lectadditionalpremiumorexerciseourrightofcancellationornon-renewal.
CAT3 530215IncludescopyrightedmaterialofinsuranceServicesOffice,nc.withtspermission.
UMBRELLA
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 22
EXCESS FOLLOW-FORM AND UMBRELLA
LIABILITY INSURANCE
THIS POLICY, IN PART, PROVIDES FOLLOW-FORM LIABILITY COVERAGE.
COVERAGE WILL APPLY ON A CLAIMS-MADE BASIS WHEN FOLLOWING
CLAIMS-MADE UNDERLYING INSURANCE.
COVERAGE WILL APPLY ON A DEFENSE-WITHIN-LIMITS BASIS WHEN
FOLLOWING UNDERLYING INSURANCE UNDER WHICH DEFENSE
EXPENSES ARE PAYABLE WITHIN, AND NOT IN ADDITION TO, THE LIMITS
OF INSURANCE. WHEN FOLLOWING SUCH UNDERLYING INSURANCE,
PAYMENT OF DEFENSE EXPENSES UNDER THIS POLICY WILL REDUCE,
AND MAY EXHAUST, THE LIMITS OF INSURANCE OF THIS POLICY.
PLEASE READ THE ENTIRE POLICY CAREFULLY.
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and
what is and is not covered.
Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations and any
other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer
to the company providing this insurance.
The word "insured" means any person or organization qualifying as such under SECTION II – WHO IS AN
INSURED.
Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI –
DEFINITIONS.
SECTION I – COVERAGES
A. COVERAGE A – EXCESS FOLLOW-FORM
LIABILITY
1. We will pay on behalf of the insured those
sums, in excess of the "applicable underlying
limit", that the insured becomes legally
obligated to pay as damages to which
Coverage A of this insurance applies, provided
that the "underlying insurance" would apply to
such damages but for the exhaustion of its
applicable limits of insurance. If a sublimit is
specified in any "underlying insurance",
Coverage A of this insurance applies to
damages that are in excess of that sublimit only
if such sublimit is shown for that "underlying
insurance" in the Schedule Of Underlying
Insurance.
2. Coverage A of this insurance is subject to the
same terms, conditions, agreements,
exclusions and definitions as the "underlying
insurance", except with respect to any
provisions to the contrary contained in this
insurance.
3. The amount we will pay for damages is limited
as described in SECTION III – LIMITS OF
INSURANCE.
4. For the purposes of Paragraph 1. above:
a. The applicable limit of insurance stated
for the policies of "underlying insurance"
in the Schedule Of Underlying Insurance
will be considered to be reduced or
exhausted only by the following
payments:
(1) Payments of judgments or
settlements for damages that are
covered by that "underlying
insurance". However, if such
"underlying insurance" has a policy
period which differs from the policy
period of this Excess Follow-Form
And Umbrella Liability Insurance, any
such payments for damages that
would not be covered by this Excess
Follow-Form And Umbrella Liability
CUP2N2714732543
UMBRELLA
Page 2 of 22 © 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16
Insurance because of its different policy
period will not reduce or exhaust the
applicable limit of insurance stated for
such "underlying insurance";
(2) Payments of "medical expenses" that
are covered by that "underlying
insurance" and are incurred for "bodily
injury" caused by an accident that takes
place during the policy period of this
Excess Follow-Form And Umbrella
Liability Insurance; or
(3) Payments of defense expenses that
are covered by that "underlying
insurance", only if such "underlying
insurance" includes such payments
within the limits of insurance. However,
if such "underlying insurance" has a
policy period which differs from the
policy period of this Excess Follow-
Form And Umbrella Liability Insurance,
any such payments for defense
expenses that would not be covered by
this Excess Follow-Form And Umbrella
Liability Insurance because of its
different policy period will not reduce or
exhaust the applicable limit of
insurance stated for such "underlying
insurance".
If the applicable limit of insurance stated for
the policies of "underlying insurance" in the
Schedule Of Underlying Insurance is
actually reduced or exhausted by other
payments, Coverage A of this insurance is
not invalidated. However, in the event of a
loss, we will pay only to the extent that we
would have paid had such limit not been
actually reduced or exhausted by such
other payments.
b. If any "underlying insurance" has a limit of
insurance greater than the amount shown
for that insurance in the Schedule of
Underlying Insurance, this insurance will
apply in excess of that greater amount. If
any "underlying insurance" has a limit of
insurance, prior to any reduction or
exhaustion by payment of damages,
"medical expenses" or defense expenses
described in Paragraph a. above, that is
less than the amount shown for that
insurance in the Schedule Of Underlying
Insurance, this insurance will apply in
excess of the amount shown for such
insurance in the Schedule Of Underlying
Insurance.
5. When the "underlying insurance" applies on a
claims-made basis and includes a retroactive
date provision, the retroactive date for
Coverage A of this insurance is the same as
the retroactive date of that "underlying
insurance".
B. COVERAGE B – UMBRELLA LIABILITY
1. We will pay on behalf of the insured those
sums in excess of the "self-insured retention"
that the insured becomes legally obligated to
pay as damages because of "bodily injury",
"property damage", "personal injury" or
"advertising injury" to which Coverage B of
this insurance applies.
2. Coverage B of this insurance applies to
"bodily injury" or "property damage" only if:
a. The "bodily injury" or "property damage" is
caused by an "occurrence" that takes
place anywhere in the world;
b. The "bodily injury" or "property damage"
occurs during the policy period; and
c. Prior to the policy period, no insured listed
under Paragraph 1. in Paragraph B.,
COVERAGE B – UMBRELLA
LIABILITY, of SECTION II – WHO IS AN
INSURED and no "employee" authorized
by you to give or receive notice of an
"occurrence" or claim, knew that the
"bodily injury" or "property damage" had
occurred, in whole or in part. If such a
listed insured or authorized "employee"
knew, prior to the policy period, that the
"bodily injury" or "property damage"
occurred, in whole or in part, then any
continuation, change or resumption of
such "bodily injury" or "property damage"
during or after the policy period will be
deemed to have been known prior to the
policy period.
3. Coverage B of this insurance applies to
"personal injury" or "advertising injury" caused
by an offense arising out of your business, but
only if the offense was committed during the
policy period anywhere in the world.
4. The amount we will pay for damages is limited
as described in SECTION III – LIMITS OF
INSURANCE.
5. "Bodily injury" or "property damage":
a. Which occurs during the policy period; and
b. Which was not prior to, but was during, the
policy period known to have occurred by
any insured listed under Paragraph 1. in
Paragraph B., COVERAGE B –
UMBRELLA LIABILITY of SECTION II –
WHO IS AN INSURED , or any "employee"
authorized by you to give notice of an
"occurrence" or claim;
UMBRELLA
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 3 of 22
includes any continuation, change or
resumption of the "bodily injury" or "property
damage" after the end of the policy period.
6. "Bodily injury" or "property damage" will be
deemed to have been known to have occurred
at the earliest time when any insured listed
under Paragraph 1. in Paragraph B.,
COVERAGE B – UMBRELLA LIABILITY , of
SECTION II – WHO IS AN INSURED or any
"employee" authorized by you to give or receive
notice of an "occurrence" or claim:
a. Reports all, or any part, of the "bodily injury"
or "property damage" to us or any other
insurer;
b. Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
c. Becomes aware by any other means that
the "bodily injury" or "property damage" has
occurred or has begun to occur.
7. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or death
resulting at any time from the "bodily injury".
8. Coverage B of this insurance does not apply to
damages covered by any "underlying
insurance" or that would have been covered by
any "underlying insurance" but for the
exhaustion of its applicable limit of insurance.
C. COVERAGE C – CRISIS MANAGEMENT
SERVICE EXPENSES
1. We will reimburse the insured, or pay on the
insured's behalf, "crisis management service
expenses" to which Coverage C applies.
2. Coverage C of this insurance applies to "crisis
management service expenses" that:
a. Arise out of a "crisis management event"
that first commences during the policy
period;
b. Are incurred by the insured, after a "crisis
management event" first commences and
before such event ends; and
c. Are submitted to us within 180 days after
the "crisis management advisor" advises
you that the "crisis management event" no
longer exists.
3. A "crisis management event" will be deemed to:
a. First commence at the time when any
"executive officer" first becomes aware of
an "event" or "occurrence" that leads to that
"crisis management event"; and
b. End when we decide that the crisis no
longer exists or when the Crisis
Management Service Expenses Limit has
been exhausted, whichever occurs first.
4. The amount we will pay for "crisis
management service expenses" is limited as
described in SECTION III – LIMITS OF
INSURANCE.
5. A "self-insured retention" does not apply to
"crisis management service expenses".
6. Any payment of "crisis management service
expenses" that we make will not be
determinative of our obligations under this
insurance with respect to any claim or "suit" or
create any duty to defend or indemnify any
insured for any claim or "suit".
D. DEFENSE AND SUPPLEMENTARY PAYMENTS
1. We will have the right and duty to defend the
insured:
a. Under Coverage A, against a "suit"
seeking damages to which such coverage
applies, if:
(1) The "applicable underlying limit" is the
applicable limit of insurance stated for
a policy of "underlying insurance" in
the Schedule Of Underlying
Insurance and such limit has been
exhausted solely due to payments as
permitted in Paragraphs 4.a.(1), (2)
and (3) of COVERAGE A – EXCESS
FOLLOW-FORM LIABILITY of
SECTION I – COVERAGES; or
(2) The "applicable underlying limit" is the
applicable limit of any "other
insurance" and such limit has been
exhausted by payments of judgments,
settlements or medical expenses, or
related costs or expenses (if such
costs or expenses reduce such
limits).
For any "suit" for which we have the right
and duty to defend the insured under
Coverage A, defense expenses will be
within the limits of insurance of this policy
when such expenses are within the limits
of insurance of the applicable "underlying
insurance"; or
b. Under Coverage B, against a "suit"
seeking damages to which such coverage
applies.
2. We have no duty to defend any insured
against any "suit":
a. Seeking damages to which this insurance
does not apply; or
b. If any other insurer has a duty to defend.
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Page 4 of 22 © 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16
3. When we have the duty to defend, we may, at
our discretion, investigate and settle any claim
or "suit". In all other cases, we may, at our
discretion, participate in the investigation,
defense and settlement of any claim or "suit" for
damages to which this insurance may apply. If
we exercise such right to participate, all
expenses we incur in doing so will not reduce
the applicable limits of insurance.
4. Our duty to defend ends when we have used up
the applicable limit of insurance in the payment
of judgments or settlements, or defense
expenses if such expenses are within the limits
of insurance of this policy.
5. We will pay, with respect to a claim we
investigate or settle, or "suit" against an insured
we defend:
a. All expenses we incur.
b. The cost of:
(1)Bail bonds required because of
accidents or traffic law violations arising
out of the use of any vehicle to which
this insurance applies; or
(2) Appeal bonds and bonds to release
attachments;
but only for bond amounts within the
applicable limit of insurance. We do not
have to furnish these bonds.
c. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of such claim or
"suit", including actual loss of earnings up
to $1,000 a day because of time off from
work.
d. All court costs taxed against the insured in
the "suit". However, these payments do not
include attorneys' fees or attorneys'
expenses taxed against the insured.
e. Prejudgment interest awarded against the
insured on that part of the judgment we
pay. If we make an offer to pay the
applicable limit of insurance, we will not pay
any prejudgment interest based on that
period of time after the offer.
f. All interest that accrues on the full amount
of any judgment after entry of the judgment
and before we have paid, offered to pay or
deposited in court the part of the judgment
that is within the applicable limit of
insurance. If we do not pay part of the
judgment for any reason other than it is
more than the applicable limit of insurance,
we will not pay any interest that accrues on
that portion of the judgment.
With respect to a claim we investigate or
settle, or "suit" against an insured we defend
under COVERAGE A – EXCESS FOLLOW-
FORM LIABILITY , these payments will not
reduce the applicable limits of insurance, but
only if the applicable "underlying insurance"
provides for such payments in addition to its
limits of insurance. With respect to a claim we
investigate or settle, or "suit" against an
insured we defend under COVERAGE B –
UMBRELLA LIABILITY , these payments will
not reduce the applicable limits of insurance.
SECTION II – WHO IS AN INSURED
A. COVERAGE A – EXCESS FOLLOW-FORM
LIABILITY
With respect to Coverage A, the following persons
and organizations qualify as insureds:
1.The Named Insured shown in the
Declarations; and
2. Any other person or organization qualifying as
an insured in the "underlying insurance". If
you have agreed to provide insurance for that
person or organization in a written contract or
agreement:
a. The limits of insurance afforded to such
person or organization will be:
(1) The amount by which the minimum
limits of insurance you agreed to
provide such person or organization
in that written contract or agreement
exceed the total limits of insurance of
all applicable "underlying insurance";
or
(2) The limits of insurance of this policy;
whichever is less; and
b. Coverage under this policy does not apply
to such person or organization if the
minimum limits of insurance you agreed
to provide such person or organization in
that written contract or agreement are
wholly within the total limits of insurance
of all available applicable "underlying
insurance".
B. COVERAGE B – UMBRELLA LIABILITY
With respect to Coverage B:
1. The Named Insured shown in the
Declarations is an insured.
2. If you are:
a. An individual, your spouse is also an
insured, but only with respect to the
conduct of a business of which you are
the sole owner.
UMBRELLA
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 5 of 22
b. A partnership or joint venture, your
members, your partners and their spouses
are also insureds, but only with respect to
the conduct of your business.
c. A limited liability company, your members
are also insureds, but only with respect to
the conduct of your business. Your
managers are also insureds, but only with
respect to their duties as your managers.
d. An organization other than a partnership,
joint venture or limited liability company,
your "officers" and directors are also
insureds, but only with respect to their
duties as your "officers" or directors. Your
stockholders are also insureds, but only
with respect to their liability as
stockholders.
e. A trust, your trustees are also insureds, but
only with respect to their duties as trustees.
3. Each of the following is also an insured:
a. Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "officers" (if you are an
organization other than a partnership, joint
venture or limited liability company) or your
managers (if you are a limited liability
company), but only for acts within the
scope of their employment by you or while
performing duties related to the conduct of
your business. However, none of these
"employees" or "volunteer workers" are
insureds for:
(1) "Bodily injury" or "personal injury":
(a) To you, to your partners or
members (if you are a partnership
or joint venture), to your members
(if you are a limited liability
company), to a co-"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other
"volunteer workers" while
performing duties related to the
conduct of your business;
(b) To the spouse, child, parent,
brother or sister of that co-
"employee" or "volunteer worker"
as a consequence of Paragraph
(1)(a) above;
(c) For which there is any obligation to
share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraph (1)(a) or
(b) above; or
(d) Arising out of his or her providing
or failing to provide professional
health care services.
Unless you are in the business or
occupation of providing professional
health care services, Paragraphs
(1)(a), (b), (c) and (d) above do not
apply to "bodily injury" arising out of
providing or failing to provide first aid
or "Good Samaritan services" by any
of your "employees" or "volunteer
workers" other than an employed or
volunteer doctor. Any such
"employees" or "volunteer workers"
providing or failing to provide first aid
or "Good Samaritan services" during
their work hours for you will be
deemed to be acting within the scope
of their employment by you or
performing duties related to the
conduct of your business.
(2) "Property damage" to property:
(a) Owned, occupied or used by; or
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by;
you, any of your "employees" or
"volunteer workers", any of your
partners or members (if you are a
partnership or joint venture), or any of
your members (if you are a limited
liability company).
b. Any person (other than your "employee"
or "volunteer worker"), or any
organization, while acting as your real
estate manager.
c. Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of
the maintenance or use of that
property; and
(2) Until your legal representative has
been appointed.
d. Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
4. Any organization, other than a partnership,
joint venture or limited liability company, of
which you are the sole owner, or in which you
UMBRELLA
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maintain an ownership interest of more than
50%, on the first day of the policy period is an
insured and will qualify as a Named Insured. No
such organization is an insured or will qualify as
a Named Insured for "bodily injury" or "property
damage" that occurred, or "personal injury" or
"advertising injury" caused by an offense
committed after the date, if any, during the
policy period, that you no longer maintain an
ownership interest of more than 50% in such
organization.
5. Any organization you newly acquire or form,
other than a partnership, joint venture or limited
liability company, and of which you are the sole
owner, or in which you maintain an ownership
interest of more than 50%, is an insured and
will qualify as a Named Insured if there is no
other similar insurance available to that
organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire or
form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage for such organization does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal injury" or "advertising injury"
arising out of an offense committed;
before you acquired or formed the
organization.
No person or organization is an insured or will
qualify as a Named Insured with respect to the
conduct of any current or past partnership, joint
venture or limited liability company that is not shown
as a Named Insured in the Declarations. This
paragraph does not apply to any such partnership,
joint venture or limited liability company that
otherwise qualifies as an insured under Paragraph
B. of SECTION II – WHO IS AN INSURED.
C. COVERAGE C – CRISIS MANAGEMENT
SERVICE EXPENSES
With respect to Coverage C, the following persons
and organizations are insureds and will qualify as
Named Insureds:
1. The Named Insured shown in the Declarations.
2. Any organization, other than a partnership, joint
venture or limited liability company, of which
you are the sole owner, or in which you
maintain an ownership interest of more than
50%, on the first day of the policy period. No
such organization is an insured or will qualify as
a Named Insured for "crisis management
service expenses" arising out of a "crisis
management event" that first commences after
the date, if any, during the policy period, that
you no longer maintain an ownership interest
of more than 50% in such organization.
3. Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and of which you are
the sole owner, or in which you maintain an
ownership interest of more than 50%, if there
is no other similar insurance available to that
organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage for such organization does not
apply to "crisis management service
expenses" arising out of a "crisis
management event" that occurred before
you acquired or formed the organization,
even if an "executive officer" only first
becomes aware of an "event" or
"occurrence" that leads to such "crisis
management event" after the date you
acquired or formed the organization.
No person or organization is an insured or will
qualify as a Named Insured with respect to the
conduct of any current or past partnership, joint
venture or limited liability company that is not
shown as a Named Insured in the Declarations.
SECTION III – LIMITS OF INSURANCE
A. The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay for the
amounts described below to which this insurance
applies regardless of the number of:
1. Insureds;
2. Claims made or "suits" brought;
3. Number of vehicles involved;
4. Persons or organizations making claims or
bringing "suits"; or
5. Coverages provided under this insurance.
As indicated in Paragraph D.1. of SECTION I –
COVERAGES, for any "suit" for which we have
the right and duty to defend the insured under
Coverage A, defense expenses will be within the
limits of insurance of this policy when such
expenses are within the limits of insurance of the
applicable "underlying insurance".
B. The General Aggregate Limit is the most we will
pay for the sum of all:
1. Damages; and
2. Defense expenses if such expenses are
within the limits of insurance of this policy;
except:
UMBRELLA
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 7 of 22
1. Damages and defense expenses because of
"bodily injury" or "property damage" included in
the "auto hazard";
2. Damages and defense expenses because of
"bodily injury" or "property damage" included in
the "products-completed operations hazard"; or
3. Damages and defense expenses for which
insurance is provided under any Aircraft Liability
coverage included as "underlying insurance" to
which no aggregate limit applies.
C. The Products-Completed Operations Aggregate
Limit is the most we will pay for the sum of all:
1. Damages; and
2. Defense expenses if such expenses are within
the limits of insurance of this policy;
because of "bodily injury" or "property damage"
included in the "products-completed operations
hazard".
D. Subject to Paragraph B. or C. above, whichever
applies, the Occurrence Limit is the most we will
pay for the sum of all:
1. Damages, and defense expenses if such
expenses are within the limits of insurance of
this policy, under Coverage A arising out of any
one "event" to which the "underlying insurance"
applies a limit of insurance that is separate
from any aggregate limit of insurance; and
2. Damages under Coverage B because of all
"bodily injury", "property damage", "personal
injury" or "advertising injury" arising out of any
one "occurrence".
For the purposes of determining the applicable
Occurrence Limit, all related acts or omissions
committed in the providing or failing to provide first
aid or "Good Samaritan services" to any one person
will be considered one "occurrence".
E. The Crisis Management Service Expenses Limit is
the most we will pay for the sum of all "crisis
management service expenses" arising out of all
"crisis management events". Payment of such
"crisis management service expenses" is in addition
to, and will not reduce, any other limit of insurance
of this policy.
F. The limits of insurance of this policy apply
separately to each consecutive annual period and
to any remaining period of less than 12 months,
starting with the beginning of the policy period
shown in the Declarations. If the policy period is
extended after issuance for an additional period of
less than 12 months, the additional period will be
deemed part of the last preceding period for
purposes of determining the limits of insurance.
SECTION IV – EXCLUSIONS
This insurance does not apply to:
A. With respect to Coverage A and Coverage B:
1. Asbestos
a. Damages arising out of the actual or
alleged presence or actual, alleged or
threatened dispersal of asbestos,
asbestos fibers or products containing
asbestos, provided that the damages are
caused or contributed to by the hazardous
properties of asbestos.
b. Damages arising out of the actual or
alleged presence or actual, alleged or
threatened dispersal of any solid, liquid,
gaseous or thermal irritant or
contaminant, including smoke, vapors,
soot, fumes, acids, alkalis, chemicals and
waste, and that are part of any claim or
"suit" which also alleges any damages
described in Paragraph a. above.
c. Any loss, cost or expense arising out of
any:
(1) Request, demand, order or statutory
or regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
asbestos, asbestos fibers or products
containing asbestos; or
(2) Claim or "suit" by or on behalf of any
governmental authority or any other
person or organization because of
testing for, monitoring, cleaning up,
removing, containing, treating,
detoxifying or neutralizing, or in any
way responding to, or assessing the
effects of, asbestos, asbestos fibers
or products containing asbestos.
2. Employment-Related Practices
Damages because of injury to:
a. A person arising out of any:
(1)Refusal to employ that person;
(2)Termination of that person's
employment; or
(3) Employment-related practice, policy,
act or omission, such as coercion,
demotion, evaluation, reassignment,
discipline, failure to promote or
advance, harassment, humiliation,
discrimination, libel, slander, violation
of the person's right of privacy,
malicious prosecution or false arrest,
detention or imprisonment, applied to
or directed at that person, regardless
of whether such practice, policy, act
or omission occurs, is applied or is
UMBRELLA
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committed before, during or after the
time of that person's employment; or
b. The spouse, child, parent, brother or sister
of that person as a consequence of injury
to that person as described in Paragraphs
a.(1), (2) or (3) above.
This exclusion applies:
a. Whether the insured may be liable as an
employer or in any other capacity; and
b. To any obligation to share damages with or
repay someone else who must pay
damages because of the injury.
3. ERISA, COBRA And Similar Laws
Any obligation of the insured under:
a. The Employees Retirement Income
Security Act Of 1974 (ERISA) or any of its
amendments;
b. The Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA) or any
of its amendments; or
c. Any similar common or statutory law of any
jurisdiction.
4. Medical Expenses Or Payments
Any obligation of the insured under any
"medical expenses" or medical payments
coverage.
5. Nuclear Material
Damages arising out of:
a. The actual, alleged or threatened exposure
of any person or property to; or
b. The "hazardous properties" of;
any "nuclear material".
As used in this exclusion:
a. "Hazardous properties" includes
radioactive, toxic or explosive properties;
b. "Nuclear material" means "source
material", "special nuclear material" or "by-
product material"; and
c. "Source material", "special nuclear
material" and "by-product material" have
the meanings given them in the Atomic
Energy Act of 1954 or any of its
amendments.
6. Uninsured or Underinsured Motorists, No-
Fault And Similar Laws
Any liability imposed on the insured, or the
insured's insurer, under any of the following
laws:
a. Uninsured motorists;
b. Underinsured motorists;
c. Auto no-fault or other first-party personal
injury protection (PIP);
d. Supplementary uninsured/underinsured
motorists (New York); or
e. Medical expense benefits and income
loss benefits (Virginia).
7. War
Damages arising out of:
a. War, including undeclared or civil war; or
b. Warlike action by a military force,
including action in hindering or defending
against an actual or expected attack, by
any government, sovereign or other
authority using military personnel or other
agents; or
c. Insurrection, rebellion, revolution, usurped
power or action taken by governmental
authority in hindering or defending against
any of these.
8. Workers Compensation And Similar Laws
Any obligation of the insured under a workers
compensation, disability benefits or
unemployment compensation law or any
similar law.
B. With respect to Coverage B:
1. Expected Or Intended Bodily Injury Or
Property Damage
"Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury"
or "property damage" resulting from the use of
reasonable force to protect persons or
property.
2. Contractual Liability
"Bodily injury", "property damage", "personal
injury" or "advertising injury" for which the
insured is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does
not apply to liability for damages that the
insured would have in the absence of the
contract or agreement.
3. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be liable by reason of:
a. Causing or contributing to the intoxication
of any person, including causing or
contributing to the intoxication of any
person because alcoholic beverages were
permitted to be brought on your premises
for consumption on your premises;
UMBRELLA
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 9 of 22
b. The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
c. Any statute, ordinance or regulation relating
to the sale, gift, distribution or use of
alcoholic beverages.
4. Employers Liability
"Bodily injury" to:
a. An "employee" of the insured arising out of
and in the course of:
(1) Employment by the insured; or
(2) Performing duties related to the
conduct of the insured's business; or
b. The spouse, child, parent, brother or sister
of that "employee" as a consequence of
"bodily injury" described in Paragraph a.
above.
This exclusion applies:
a. Whether the insured may be liable as an
employer or in any other capacity; and
b. To any obligation to share damages with or
repay someone else who must pay
damages because of the "bodily injury".
5. Pollution
a. "Bodily injury", "property damage",
"personal injury" or "advertising injury"
arising out of the actual, alleged or
threatened discharge, dispersal, seepage,
migration, release or escape of "pollutants".
b. Any loss, cost or expense arising out of
any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured
or any other person or organization test
for, monitor, clean up, remove, contain,
treat, detoxify or neutralize, or in any
way respond to, or assess the effects
of, "pollutants"; or
(2) Claim or "suit" by or on behalf of any
governmental authority or any other
person or organization because of
testing for, monitoring, cleaning up,
removing, containing, treating,
detoxifying or neutralizing, or in any
way responding to, or assessing the
effects of, "pollutants".
6. Aircraft
"Bodily injury" or "property damage" arising out
of the ownership, maintenance, use or
entrustment to others of any aircraft owned or
operated by or rented or loaned to any insured.
Use includes operation and "loading or
unloading".
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft that is owned or operated by or
rented or loaned to any insured.
7. Auto
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any "auto". Use
includes operation and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any "auto".
This exclusion does not apply to "bodily injury"
or "property damage" caused by an
"occurrence" that takes place outside of the
United States of America (including its
territories and possessions), Puerto Rico and
Canada.
8. Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any watercraft owned
or operated by or rented or loaned to any
insured. Use includes operation and "loading
or unloading".
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any watercraft that is owned or operated by or
rented or loaned to any insured.
This exclusion does not apply to a watercraft:
a.While ashore on premises owned by or
rented to any insured; or
b. That is 50-feet long or less and that:
(1) You own; or
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(2) You do not own and is not being used
to carry any person or property for a
charge.
9. Electronic Data
Damages claimed for the loss of, loss of use of,
damage to, corruption of, inability to access, or
inability to manipulate "electronic data".
10. Damage To Property, Products Or Work
"Property damage" to:
a. Property you own, rent or occupy, including
any costs or expenses incurred by you, or
any other person or organization, for repair,
replacement, enhancement, restoration or
maintenance of such property for any
reason, including prevention of injury to a
person or damage to another's property;
b. Premises you sell, give away or abandon if
the "property damage" arises out of any
part of those premises;
c. Property loaned to you;
d. Personal property in the care, custody or
control of the insured;
e. That particular part of real property on
which you or any contractors or
subcontractors working directly or indirectly
on your behalf are performing operations if
the "property damage" arises out of those
operations;
f. That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it;
g. "Your product" arising out of "your product"
or any part of it; or
h. "Your work" arising out of "your work" or
any part of it and included in the "products-
completed operations hazard".
11. Damage To Impaired Property Or Property
Not Physically Injured
"Property damage" to "impaired property", or
property that has not been physically injured,
arising out of:
a. A defect, deficiency, inadequacy or
dangerous condition in "your product" or
"your work"; or
b. A delay or failure by you, or anyone acting
on your behalf, to fulfill the terms of a
contract or agreement.
This exclusion does not apply to the loss of use
of other property arising out of sudden and
accidental physical injury to "your product" or
"your work" after it has been put to its
intended use.
12. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the loss
of use, withdrawal, recall, inspection, repair,
replacement, adjustment, removal or disposal
of:
a. "Your product";
b. "Your work"; or
c. "Impaired property";
if such product, work or property is withdrawn
or recalled from the market or from use by
any person or organization because of a
known or suspected defect, deficiency,
inadequacy or dangerous condition in it.
13. Violation Of Consumer Financial
Protection Laws
"Bodily injury", "property damage", "personal
injury" or "advertising injury" arising out of any
actual or alleged violation of a "consumer
financial protection law", or any other "bodily
injury", "property damage", "personal injury" or
"advertising injury" alleged in any claim or
"suit" that also alleges any such violation.
14. Unsolicited Communication
"Bodily injury", "property damage", "personal
injury" or "advertising injury" arising out of any
actual or alleged violation of any law that
restricts or prohibits the sending, transmitting
or distributing of "unsolicited communication".
15. Access Or Disclosure Of Confidential Or
Personal Information
"Bodily injury", "property damage", "personal
injury" or "advertising injury" arising out of any
access to or disclosure of any person's or
organization's confidential or personal
information.
16. Knowing Violation Of Rights Of Another
"Personal injury" or "advertising injury" caused
by or at the direction of the insured with the
knowledge that the act would violate the rights
of another and would inflict "personal injury"
or "advertising injury".
17. Material Published With Knowledge Of
Falsity
"Personal injury" or "advertising injury" arising
out of oral or written publication, including
publication by electronic means, of material, if
done by or at the direction of the insured with
knowledge of its falsity.
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18. Material Published Or Used Prior To Policy
Period
a. "Personal injury" or "advertising injury"
arising out of oral or written publication,
including publication by electronic means,
of material whose first publication took
place before the beginning of the policy
period; or
b. "Advertising injury" arising out of
infringement of copyright, "title" or "slogan"
in your "advertisement" whose first
infringement in your "advertisement" was
committed before the beginning of the
policy period.
19. Criminal Acts
"Personal injury" or "advertising injury" arising
out of a criminal act committed by or at the
direction of the insured.
20. Breach Of Contract
"Personal injury" or "advertising injury" arising
out of a breach of contract.
21. Quality Or Performance Of Goods – Failure
To Conform To Statements
"Advertising injury" arising out of the failure of
goods, products or services to conform with any
statement of quality or performance made in
your "advertisement".
22. Wrong Description Of Prices
"Advertising injury" arising out of the wrong
description of the price of goods, products or
services stated in your "advertisement".
23. Intellectual Property
"Personal injury" or "advertising injury" arising
out of any actual or alleged infringement or
violation of any of the following rights or laws, or
any other "personal injury" or "advertising injury"
alleged in any claim or "suit" that also alleges
any such infringement or violation:
a. Copyright;
b. Patent;
c. Trade dress;
d. Trade name;
e. Trademark;
f. Trade secret; or
g. Other intellectual property rights or laws.
This exclusion does not apply to:
a."Advertising injury" arising out of any actual
or alleged infringement or violation of
another's copyright, "title" or "slogan" in
your "advertisement"; or
b. Any other "personal injury" or "advertising
injury" alleged in any claim or "suit" that
also alleges any such infringement or
violation of another's copyright, "title" or
"slogan" in your "advertisement".
24. Insureds In Media And Internet Type
Business
"Personal injury" or "advertising injury" arising
out of an offense committed by an insured
whose business is:
a. Advertising, "broadcasting" or publishing;
b. Designing or determining content of web-
sites for others; or
c. An Internet search, access, content or
service provider.
This exclusion does not apply to Paragraphs
a.(1), (2) and (3) of the definition of "personal
injury".
For the purposes of this exclusion:
a. Creating and producing correspondence
written in the conduct of your business,
bulletins, financial or annual reports, or
newsletters about your goods, products or
services will not be considered the
business of publishing; and
b. The placing of frames, borders or links, or
advertising, for you or others anywhere on
the Internet will not, by itself, be
considered the business of advertising,
"broadcasting" or publishing.
25. Electronic Chatrooms Or Bulletin Boards
"Personal injury" or "advertising injury" arising
out of an electronic chatroom or bulletin board
the insured hosts, owns or over which the
insured exercises control.
26. Unauthorized Use Of Another's Name Or
Product
"Personal injury" or "advertising injury" arising
out of the unauthorized use of another's name
or product in your e-mail address, domain
name or metatag, or any other similar tactics
to mislead another's potential customers.
C. With respect to Coverage C:
Newly Acquired, Controlled Or Formed
Entities
"Crisis management service expenses" arising out
of a "crisis management event" that involves any
organization you newly acquire or form and that
occurred prior to the date you acquired or formed
that organization, even if an "executive officer"
only first becomes aware of an "event" or
"occurrence" that leads to such "crisis
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management event" after the date you acquired or
formed such organization.
SECTION V – CONDITIONS
A. APPEALS
1. If the insured or the insured's "underlying
insurer" elects not to appeal a judgment which
exceeds the "applicable underlying limit" or
"self-insured retention", we may do so.
2. If we appeal such a judgment, we will pay all
costs of the appeal. These payments will not
reduce the applicable limits of insurance. In no
event will our liability exceed the applicable limit
of insurance.
B. BANKRUPTCY
1. Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this insurance.
2. In the event of bankruptcy or insolvency of any
"underlying insurer", this insurance will not
replace such bankrupt or insolvent "underlying
insurer's" policy, and this insurance will apply as
if such "underlying insurer" had not become
bankrupt or insolvent.
C. CANCELLATION
1. The first Named Insured shown in the
Declarations may cancel this insurance by
mailing or delivering to us advance written
notice of cancellation.
2. We may cancel this insurance by mailing or
delivering to such first Named Insured written
notice of cancellation at least:
a. 10 days before the effective date of
cancellation if we cancel for nonpayment of
premium; or
b. 60 days before the effective date of
cancellation if we cancel for any other
reason.
3. We will mail or deliver our notice to such first
Named Insured's last mailing address known to
us.
4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.
5. If this insurance is cancelled, we will send such
first Named Insured any premium refund due. If
we cancel, the refund will be pro rata. If such
first Named Insured cancels, the refund may be
less than pro rata. The cancellation will be
effective even if we have not made or offered a
refund.
6. If notice is mailed, proof of mailing will be
sufficient proof of notice.
D. CHANGES
This policy contains all the agreements between
you and us concerning the insurance afforded. No
change can be made in the terms of this
insurance except with our consent. The terms of
this insurance can be amended or waived only by
endorsement issued by us and made a part of this
policy.
E. CURRENCY
Payments for damages or expenses described in
Paragraph 5. of Paragraph D., DEFENSE AND
SUPPLEMENTARY PAYMENTS , of SECTION I
– COVERAGES will be in the currency of the
United States of America. At our sole option, we
may make these payments in a different currency.
Any necessary currency conversion for such
payments will be calculated based on the rate of
exchange published in the Wall Street Journal
immediately preceeding the date the payment is
processed.
F. DUTIES REGARDING AN EVENT,
OCCURRENCE, CLAIM OR SUIT
1. You must see to it that we are notified as
soon as practicable of an "event" or
"occurrence" which may result in a claim
under this insurance. To the extent possible,
notice should include:
a. How, when and where the "event" or
"occurrence" took place;
b. The names and addresses of any
persons or organizations sustaining injury,
damage or loss, and the names and
addresses of any witnesses; and
c. The nature and location of any injury or
damage arising out of the "event" or
"occurrence".
2. If a claim is made or "suit" is brought against
any insured which may result in a claim under
this insurance, you must see to it that we
receive written notice of the claim or "suit" as
soon as practicable.
3. With respect to Coverage A, the insured
must:
a. Cooperate with us in the investigation,
settlement or defense of any claim or
"suit";
b. Comply with the terms of the "underlying
insurance"; and
c. Pursue all rights of contribution or
indemnity against any person or
organization who may be liable to the
insured because of the injury, damage or
loss for which insurance is provided under
UMBRELLA
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 13 of 22
this policy or any policy of "underlying
insurance".
4. With respect to Coverage B, the insured must:
a. Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
b. Authorize us to obtain necessary records
and other information;
c. Cooperate with us in the investigation,
settlement or defense of any claim or "suit";
and
d. Assist us, upon our request, in the
enforcement of any right against any
person or organization which may be liable
to the insured because of injury or damage
to which Coverage B may apply.
5. No insured will, except at that insured's own
expense, voluntarily make a payment, assume
any obligation, make any admission or incur
any expense, other than for first aid for "bodily
injury" covered by this insurance, without our
consent.
6. Knowledge of an "event", "occurrence", claim or
"suit" by your agent, servant or "employee" will
not constitute knowledge by you, unless your
insurance or risk manager, or anyone working
in the capacity as your insurance or risk
manager, or anyone you designate with the
responsibility of reporting an "event",
"occurrence", claim or "suit":
a. Has received notice of such "event",
"occurrence", claim or "suit" from such
agent, servant or "employee"; or
b. Otherwise has knowledge of such "event",
"occurrence", claim or "suit".
G. DUTIES REGARDING A CRISIS MANAGEMENT
EVENT
You must:
1.Notify us within 30 days of a "crisis
management event" that may result in "crisis
management service expenses".
2. Provide written notice of the "crisis
management event" as soon as practicable. To
the extent possible, notice should include:
a. How, when and where that "crisis
management event" took place;
b. The names and addresses of any persons
or organizations sustaining injury, damage
or loss, and the named and addresses of
any witnesses;
c. The nature and location of any injury or
damage arising out of that "crisis
management event"; and
d. The reason that "crisis management
event" is likely to involve damages
covered by this insurance in excess of the
"applicable underlying limit" or "self-
insured retention" and involve regional or
national media coverage.
H. EXAMINATION OF YOUR BOOKS AND
RECORDS
We may examine and audit your books and
records as they relate to this insurance:
1. At any time during the policy period;
2. Up to three years after the end of the policy
period; and
3. Within one year after final settlement of all
claims under this insurance.
I. EXTENDED REPORTING PERIOD OPTION
1. When the "underlying insurance" applies on a
claims-made basis, any automatic or basic
"extended reporting period" in such
"underlying insurance" will apply to this
insurance.
2. When the "underlying insurance" applies on a
claims-made basis and you elect to purchase
an optional or supplemental "extended
reporting period" in such "underlying
insurance," that "extended reporting period"
will apply to this insurance only if:
a. A written request to purchase an
Extended Reporting Period endorsement
for this insurance is made by you and
received by us within 90 days after the
end of the policy period;
b. You have paid all premiums due for this
policy at the time you make such request;
c. You promptly pay the additional premium
we charge for the Extended Reporting
Period endorsement for this insurance
when due. We will determine that
additional premium after we have
received your request for the Extended
Reporting Period endorsement for this
insurance. That additional premium is not
subject to any limitation stated in the
"underlying insurance" on the amount or
percentage of additional premium that
may be charged for the "extended
reporting period" in such "underlying
insurance"; and
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d. That Extended Reporting Period
endorsement is issued by us and made a
part of this policy.
3. Any Extended Reporting Period endorsement
for this insurance will not reinstate or increase
the Limits of Insurance or extend the policy
period.
4. Except with respect to any provisions to the
contrary contained in Paragraphs 1., 2. or 3.
above, all provisions of any option to purchase
an "extended reporting period" granted to you in
the "underlying insurance" apply to this
insurance.
J. INSPECTIONS AND SURVEYS
1. We have the right but are not obligated to:
a. Make inspections and surveys at any time;
b. Give you reports on the conditions we find;
and
c. Recommend changes.
2. Any inspections, surveys, reports or
recommendations relate only to insurability and
the premiums to be charged. We do not make
safety inspections. We do not undertake to
perform the duty of any person or organization
to provide for the health or safety of workers or
the public. We do not warrant that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.
K. LEGAL ACTION AGAINST US
1. No person or organization has a right under this
insurance:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this insurance unless all of its
terms have been fully complied with.
2. A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured. We will not be liable for
damages that:
a. Are not payable under the terms of this
insurance; or
b. Are in excess of the applicable limit of
insurance.
An agreed settlement means a settlement and
release of liability signed by us, the insured and
the claimant or the claimant's legal
representative.
L. MAINTENANCE OF UNDERLYING INSURANCE
1. The insurance afforded by each policy of
"underlying insurance" will be maintained for
the full policy period of this Excess Follow-
Form And Umbrella Liability Insurance. This
provision does not apply to the reduction or
exhaustion of the aggregate limit or limits of
such "underlying insurance" solely by
payments as permitted in Paragraphs 4.a.(1),
(2) and (3) of COVERAGE A – EXCESS
FOLLOW-FORM LIABILITY of SECTION I –
COVERAGES. As such policies expire, you
will renew them at limits and with coverage at
least equal to the expiring limits of insurance.
If you fail to comply with the above
requirements, Coverage A is not invalidated.
However, in the event of a loss, we will pay
only to the extent that we would have paid had
you complied with the above requirements.
2. The first Named Insured shown in the
Declarations must give us written notice of
any change in the "underlying insurance" as
respects:
a. Coverage;
b. Limits of insurance;
c. Termination of any coverage; or
d. Exhaustion of aggregate limits.
3. If you are unable to recover from any
"underlying insurer" because you fail to
comply with any term or condition of the
"underlying insurance", Coverage A is not
invalidated. However, we will pay for any loss
only to the extent that we would have paid had
you complied with that term or condition in
that "underlying insurance".
M. OTHER INSURANCE
This insurance is excess over any valid and
collectible "other insurance" whether such "other
insurance" is stated to be primary, contributing,
excess, contingent or otherwise. This provision
does not apply to a policy bought specifically to
apply as excess of this insurance.
However, if you specifically agree in a written
contract or agreement that the insurance provided
to any person or organization that qualifies as an
insured under this insurance must apply on a
primary basis, or a primary and non-contributory
basis, then insurance provided under Coverage A
is subject to the following provisions:
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EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 15 of 22
1. This insurance will apply before any "other
insurance" that is available to such additional
insured which covers that person or
organization as a named insured, and we will
not share with that "other insurance", provided
that the injury or damage for which coverage is
sought is caused by an "event" that takes place
or is committed subsequent to the signing of
that contract or agreement by you.
2. This insurance is still excess over any valid and
collectible "other insurance", whether primary,
excess, contingent or otherwise, which covers
that person or organization as an additional
insured or as any other insured that does not
qualify as a named insured.
N. PREMIUM
1. The first Named Insured shown in the
Declarations is responsible for the payment of
all premiums and will be the payee for any
return premiums.
2. If the premium is a flat charge, it is not subject
to adjustment except as provided in Paragraph
4. below.
3. If the premium is other than a flat charge, it is
an advance premium only. The earned
premium will be computed at the end of the
policy period, or at the end of each year of the
policy period if the policy period is two years or
longer, at the rate shown in the Declarations,
subject to the Minimum Premium.
4. Additional premium may become payable when
coverage is provided for additional insureds
under the provisions of SECTION II – WHO IS
AN INSURED.
O. PREMIUM AUDIT
The premium for this policy is the amount stated in
Item 5. of the Declarations. The premium is a flat
charge unless it is specified in the Declarations as
adjustable.
P. PROHIBITED COVERAGE – UNLICENSED
INSURANCE
1. With respect to loss sustained by any insured in
a country or jurisdiction in which we are not
licensed to provide this insurance, this
insurance does not apply to the extent that
insuring such loss would violate the laws or
regulations of such country or jurisdiction.
2. We do not assume responsibility for:
a. The payment of any fine, fee, penalty or
other charge that may be imposed on any
person or organization in any country or
jurisdiction because we are not licensed to
provide insurance in such country or
jurisdiction; or
b. The furnishing of certificates or other
evidence of insurance in any country or
jurisdiction in which we are not licensed to
provide insurance.
Q. PROHIBITED COVERAGE – TRADE OR
ECONOMIC SANCTIONS
We will provide coverage for any loss, or
otherwise will provide any benefit, only to the
extent that providing such coverage or benefit
does not expose us or any of our affiliated or
parent companies to:
1. Any trade or economic sanction under any law
or regulation of the United States of America;
or
2. Any other applicable trade or economic
sanction, prohibition or restriction.
R. REPRESENTATIONS
By accepting this insurance, you agree:
1. The statements in the Declarations and any
subsequent notice relating to "underlying
insurance" are accurate and complete;
2. Those statements are based upon
representations you made to us; and
3. We have issued this insurance in reliance
upon your representations.
S. SEPARATION OF INSUREDS
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned in
this policy to the first Named Insured shown in the
Declarations, this insurance applies:
1. As if each Named Insured were the only
Named Insured; and
2. Separately to each insured against whom
claim is made or "suit" is brought.
T. WAIVER OR TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US
1. If the insured has rights to recover all or part
of any payment we have made under this
insurance, those rights are transferred to us
and the insured must do nothing after loss to
impair them. At our request, the insured will
bring suit or transfer those rights to us and
help us, and with respect to Coverage A, the
"underlying insurer", enforce them.
If the insured has agreed in a contract or
agreement to waive that insured's right of
recovery against any person or organization,
we waive our right of recovery against that
person or organization, but only for payments
we make because of an "event" that takes
place or is committed subsequent to the
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execution of that contract or agreement by such
insured.
2. Reimbursement of any amount recovered will
be made in the following order:
a. First, to any person or organization
(including us or the insured) who has paid
any amount in excess of the applicable limit
of insurance;
b. Next, to us; and
c. Then, to any person or organization
(including the insured and with respect to
Coverage A, the "underlying insurer") that
is entitled to claim the remainder, if any.
3. Expenses incurred in the process of recovery
will be divided among all persons or
organizations receiving amounts recovered
according to the ratio of their respective
recoveries.
U. TRANSFER OF YOUR RIGHTS AND DUTIES
UNDER THIS INSURANCE
1. Your rights and duties under this insurance may
not be transferred without our written consent
except in the case of death of an individual
Named Insured.
2. If you die, your rights and duties will be
transferred to your legal representative but only
while acting within the scope of duties as your
legal representative. Until your legal
representative is appointed, anyone having
proper temporary custody of your property will
have your rights and duties but only with
respect to that property.
V. UNINTENTIONAL OMISSION OR ERROR
The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable
insurance laws or regulations.
W. WHEN LOSS IS PAYABLE
If we are liable under this insurance, we will pay for
injury, damage or loss after:
1. The insured's liability is established by:
a.A court decision; or
b. A written agreement between the claimant,
the insured, any "underlying insurer" and
us; and
2. The amount of the "applicable underlying limit"
or "self-insured retention" is paid by or on
behalf of the insured.
SECTION VI – DEFINITIONS
A. With respect to all coverages of this insurance:
1."Applicable underlying limit" means the sum of:
a. The applicable limit of insurance stated
for the policies of "underlying insurance"
in the Schedule Of Underlying Insurance
subject to the provisions in Paragraphs
4.a.(1), (2) and (3) of COVERAGE A –
EXCESS FOLLOW-FORM LIABILITY of
SECTION I – COVERAGES; and
b. The applicable limit of insurance of any
"other insurance" that applies.
The limits of insurance in any policy of
"underlying insurance" will apply even if:
a. The "underlying insurer" claims the
insured failed to comply with any term or
condition of the policy; or
b. The "underlying insurer" becomes
bankrupt or insolvent.
2. "Auto hazard" means all "bodily injury" and
"property damage" to which liability insurance
afforded under an auto policy of "underlying
insurance" would apply but for the exhaustion
of its applicable limits of insurance.
3. "Electronic data" means information, facts or
programs stored as or on, created or used on,
or transmitted to or from computer software
(including systems and applications software),
hard or floppy disks, CD-ROMs, tapes, drives,
cells, data processing devices or any other
media which are used with electronically
controlled equipment.
4. "Event" means an "occurrence", offense,
accident, act, error, omission, wrongful act or
loss.
5. "Extended reporting period" means any period
of time, starting with the end of the policy
period of your claims-made insurance, during
which claims or "suits" may be first made,
brought or reported for that insurance.
6. "Medical expenses" means expenses to
which any Medical Payments section of any
policy of Commercial General Liability
"underlying insurance" applies.
7. "Other insurance" means insurance, or the
funding of losses, that is provided by, through
or on behalf of:
a. Another insurance company;
b. Us or any of our affiliated insurance
companies;
c. Any risk retention group;
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d. Any self-insurance method or program, in
which case the insured will be deemed to
be the provider of such insurance; or
e. Any similar risk transfer or risk
management method.
"Other insurance" does not include:
a. Any "underlying insurance"; or
b. Any policy of insurance specifically
purchased to be excess of the limits of
insurance of this policy shown in the
Declarations.
8. "Products-completed operations hazard":
a. Includes all "bodily injury" and "property
damage" occurring away from premises
you own or rent and arising out of "your
product" or "your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed
or abandoned. However, "your work"
will be deemed completed at the
earliest of the following times:
(a) When all the work called for in your
contract has been completed;
(b) When all the work to be done at the
job site has been completed if your
contract calls for work at more than
one job site; or
(c) When that part of the work done at
a job site has been put to its
intended use by any person or
organization other than another
contractor or subcontractor working
on the same project.
Work that may need service,
maintenance, correction, repair or
replacement, but which is otherwise
complete, will be treated as completed.
b. Does not include "bodily injury" or "property
damage" arising out of:
(1) The transportation of property, unless
the injury or damage arises out of a
condition in or on a vehicle not owned
or operated by you, and that condition
was created by the "loading or
unloading" of that vehicle by any
insured;
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials; or
(3) Products or operations for which the
classification listed in a policy of
Commercial General Liability
"underlying insurance" states that
products-completed operations are
subject to the General Aggregate
Limit.
9. "Suit" means a civil proceeding which alleges
damages. "Suit" includes:
a. An arbitration proceeding in which
damages are claimed and to which the
insured must submit or does submit with
our consent; or
b. Any other alternative dispute resolution
proceeding to which the insured submits
with our consent.
10. "Underlying insurance":
a. Means the policy or policies of insurance
listed in the Schedule Of Underlying
Insurance.
b. Includes any renewal or replacement of
such policies if such renewal or
replacement is during the policy period of
this Excess Follow-Form And Umbrella
Liability Insurance.
c. Does not include any part of the policy
period of any of the policies described in
Paragraphs a. or b. above that began
before, or that continues after, the policy
period of this Excess Follow-Form And
Umbrella Liability Insurance.
11. "Underlying insurer" means any insurer which
provides a policy of insurance listed in the
Schedule Of Underlying Insurance.
B. With respect to Coverage B and, to the extent that
the following terms are not defined in the
"underlying insurance", to Coverage A:
1. "Advertisement" means a notice that is
broadcast or published to the general public
or specific market segments about your
goods, products or services for the purpose of
attracting customers or supporters. For the
purposes of this definition:
a. Notices that are published include
material placed on the Internet or on
similar electronic means of
communication; and
b. Regarding web sites, only that part of a
web site that is about your goods,
products or services for the purposes of
attracting customers or supporters is
considered an advertisement.
2. "Advertising injury":
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a. Means injury, other than "personal injury",
caused by one or more of the following
offenses:
(1) Oral or written publication, including
publication by electronic means, of
material in your "advertisement" that
slanders or libels a person or
organization or disparages a person's
or organization's goods, products or
services, provided that the claim is
made or the "suit" is brought by a
person or organization that claims to
have been slandered or libeled, or that
claims to have had its goods, products
or services disparaged;
(2) Oral or written publication, including
publication by electronic means, of
material in your "advertisement" that:
(a) Appropriates a person's name,
voice, photograph or likeness; or
(b) Unreasonably places a person in a
false light; or
(3) Infringement of copyright, "title" or
"slogan" in your "advertisement",
provided that the claim is made or the
"suit" is brought by a person or
organization that claims ownership of
such copyright, "title" or "slogan".
b. Includes "bodily injury" caused by one or
more of the offenses described in
Paragraph a. above.
3. "Auto" means:
a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads,
including any attached machinery or
equipment; or
b. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it
is licensed or principally garaged.
However, "auto" does not include "mobile
equipment".
4. "Bodily injury" means:
a. Physical harm, including sickness or
disease, sustained by a person; or
b. Mental anguish, injury or illness, or
emotional distress, resulting at any time
from such physical harm, sickness or
disease.
5. "Broadcasting" means transmitting any audio or
visual material for any purpose:
a. By radio or television; or
b. In, by or with any other electronic means
of communication, such as the Internet, if
that material is part of:
(1) Radio or television programming
being transmitted;
(2) Other entertainment, educational,
instructional, music or news
programming being transmitted; or
(3) Advertising transmitted with any such
programming.
6. "Consumer financial identity information"
means any of the following information for a
person that is used or collected for the
purpose of serving as a factor in establishing
such person's eligibility for personal credit,
insurance or employment or for the purpose
of conducting a business transaction:
a. Part or all of the account number, the
expiration date or the balance of any
credit, debit, bank or other financial
account;
b. Information bearing on a person's credit
worthiness, credit standing or credit
capacity;
c. Social security number;
d. Driver's license number; or
e. Birth date.
7. "Consumer financial protection law" means:
a. The Fair Credit Reporting Act (FCRA) and
any of its amendments, including the Fair
and Accurate Credit Transactions Act
(FACTA);
b. California's Song-Beverly Credit Card Act
and any of its amendments; or
c. Any other law or regulation that restricts
or prohibits the collection, dissemination,
transmission, distribution or use of
"consumer financial identity information".
8. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
9. "Good Samaritan services" means any
emergency medical services for which no
compensation is demanded or received.
10. "Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. It incorporates "your product" or "your
work" that is known or thought to be
defective, deficient, inadequate or
dangerous; or
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EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 19 of 22
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by the
repair, replacement, adjustment or removal of
"your product" or "your work" or your fulfilling
the terms of the contract or agreement.
11. "Leased worker" means a person leased to you
by a labor leasing firm under an agreement
between you and the labor leasing firm, to
perform duties related to the conduct of your
business. "Leased worker" does not include a
"temporary worker".
12. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a
mechanical device, other than a hand truck,
that is not attached to the aircraft, watercraft or
"auto".
13. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and
other vehicles designed for use principally off
public roads.
b. Vehicles maintained for use solely on or next
to premises you own or rent.
c. Vehicles that travel on crawler treads.
d. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounted:
(1) Power cranes, shovels, loaders, diggers
or drills; or
(2) Road construction or resurfacing
equipment such as graders, scrapers or
rollers.
e. Vehicles not described in Paragraph a., b.,
c. or d. above that are not self-propelled and
are maintained primarily to provide mobility
to permanently attached equipment of the
following types:
(1) Air compressors, pumps and
generators, including spraying, welding,
building cleaning, geophysical
exploration, lighting and well servicing
equipment; or
(2) Cherry pickers and similar devices
used to raise or lower workers.
f. Vehicles not described in Paragraph a., b.,
c. or d. above maintained primarily for
purposes other than the transportation of
persons or cargo.
However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but
will be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers; and
(3) Air compressors, pumps and
generators, including spraying,
welding, building cleaning, geophysical
exploration, lighting and well servicing
equipment.
However, "mobile equipment" does not include
any land vehicle that is subject to a compulsory
or financial responsibility law, or other motor
vehicle insurance law, where it is licensed or
principally garaged. Such land vehicles are
considered "autos".
14. "Occurrence" means:
a. With respect to "bodily injury" or "property
damage":
(1) An accident, including continuous or
repeated exposure to substantially the
same general harmful conditions,
which results in "bodily injury" or
"property damage". All "bodily injury"
or "property damage" caused by such
exposure to substantially the same
general harmful conditions will be
deemed to be caused by one
"occurrence"; or
(2) An act or omission committed in
providing or failing to provide first aid
or "Good Samaritan services" to a
person by any of your "employees" or
"volunteer workers" other than an
employed or volunteer doctor, unless
you are in the business or occupation
of providing professional health care
services;
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b. With respect to "personal injury", an
offense arising out of your business that
results in "personal injury". All "personal
injury" caused by the same or related
injurious material, act or offense will be
deemed to be caused by one "occurrence",
regardless of the frequency or repetition
thereof, the number and kind of media
used or the number of persons or
organizations making claims or bringing
"suits"; and
c. With respect to "advertising injury", an
offense committed in the course of
advertising your goods, products and
services that results in "advertising injury".
All "advertising injury" caused by the same
or related injurious material, act or offense
will be deemed to be caused by one
"occurrence", regardless of the frequency
or repetition thereof, the number and kind
of media used or the number of persons or
organizations making claims or bringing
"suits".
15. "Officer" means a person holding any of the
officer positions created by your charter,
constitution, bylaws or any other similar
governing document.
16. "Personal injury":
a. Means injury, other than "advertising
injury", caused by one or more of the
following offenses:
(1) False arrest, detention or
imprisonment;
(2) Malicious prosecution;
(3) The wrongful eviction from, wrongful
entry into, or invasion of the right of
private occupancy of a room, dwelling
or premises that a person occupies,
provided that the wrongful eviction,
wrongful entry or invasion of the right of
private occupancy is committed by or
on behalf of the owner, landlord or
lessor of that room, dwelling or
premises;
(4) Oral or written publication, including
publication by electronic means, of
material that slanders or libels a person
or organization or disparages a
person's or organization's goods,
products or services, provided that the
claim is made or the "suit" is brought by
a person or organization that claims to
have been slandered or libeled, or that
claims to have had its goods, products
or services disparaged; or
(5) Oral or written publication, including
publication by electronic means, of
material that:
(a) Appropriates a person's name,
voice, photograph or likeness; or
(b) Unreasonably places a person in
a false light.
b. Includes "bodily injury" caused by one or
more of the offenses described in
Paragraph a. above.
17. "Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis,
chemicals and waste. Waste includes
materials to be recycled, reconditioned or
reclaimed.
18. "Property damage" means:
a. Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use will be
deemed to occur at the time of the
physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use will
be deemed to occur at the time of the
"occurrence" that caused it.
For the purposes of this insurance, "electronic
data" is not tangible property.
19. "Self-insured retention" is the greater of:
a. The amount shown in the Declarations
which the insured must first pay under
Coverage B for damages because of all
"bodily injury", "property damage",
"personal injury" or "advertising injury"
arising out of any one "occurrence"; or
b. The applicable limit of insurance of any
"other insurance" that applies.
20. "Slogan":
a. Means a phrase that others use for the
purpose of attracting attention in their
advertising.
b. Does not include a phrase used as, or in,
the name of:
(1) Any person or organization other than
you; or
(2) Any business, or any of the premises,
goods, products, services or work, of
any person or organization other than
you.
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21. "Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.
22. "Title" means the name of a literary or artistic
work.
23. "Unsolicited communication" means any
communication, in any form, that the recipient
of such communication did not specifically
request to receive.
24. "Volunteer worker" means a person who is not
your "employee", and who donates his or her
work and acts at the direction of and within the
scope of duties determined by you, and is not
paid a fee, salary or other compensation by you
or anyone else for their work performed by you.
25. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose
business or assets you have
acquired; and
(2) Containers (other than vehicles),
materials, parts or equipment furnished
in connection with such goods or
products.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or
other property rented to or located for the
use of others but not sold.
26. "Your work":
a. Means:
(1) Work or operations performed by you
or on your behalf; and
(2) Materials, parts or equipment furnished
in connection with such work or
operations.
b. Includes:
(1) Warranties or representations made
at any time with respect to the fitness,
quality, durability, performance or use
of "your work"; and
(2) The providing of or failure to provide
warnings or instructions.
C. With respect to Coverage C:
1. "Crisis management advisor" means any
public relations firm or crisis management
firm approved by us that is hired by you to
perform "crisis management services" in
connection with a "crisis management event".
2. "Crisis management event" means an "event"
or "occurrence" that your "executive officer"
reasonably determines has resulted, or may
result, in:
a. Damages covered by this Coverage A or
Coverage B that are in excess of the total
applicable limits of the "underlying
insurance" or "self-insured retention"; and
b. Significant adverse regional or national
media coverage.
3. "Crisis management service expenses"
means amounts incurred by you, after a
"crisis management event" first commences
and before such event ends:
a. For the reasonable and necessary:
(1) Fees and expenses of a "crisis
management advisor" in the
performance for you of "crisis
management services" solely for a
"crisis management event"; and
(2) Costs for printing, advertising, mailing
of materials or travel by your
directors, officers, employees or
agents or a "crisis management
advisor" solely for a "crisis
management event"; and
b. For the following expenses resulting from
such "crisis management event", provided
that such expenses have been approved
by us:
(1) Medical expenses;
(2) Funeral expenses;
(3) Psychological counseling;
(4) Travel expenses;
(5) Temporary living expenses;
(6) Expenses to secure the scene of a
"crisis management event"; or
(7) Any other expenses pre-approved by
us.
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4. "Crisis management services" means those
services performed by a "crisis management
advisor" in advising you or minimizing potential
harm to you from a "crisis management event"
by maintaining or restoring public confidence in
you.
5. "Executive officer" means your:
a. Chief Executive Officer;
b. Chief Operating Officer;
c. Chief Financial Officer;
d. President;
e. General Counsel;
f. General partner (if you are a
partnership); or
g. Sole proprietor (if you are a sole
proprietorship);
or any person acting in the same capacity as
any individual listed above.
Living Wage Fact
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 $17.95 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 wage, 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.
Living Wage Notice
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
$17.95 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 affiliated 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 years.
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 Standard Contract Provisions for use with District
of Columbia Government Supplies and Services Contracts, dated March 2007
1
GOVERNMENT OF THE DISTRICT OF COLUMBIA
STANDARD CONTRACT PROVISIONS
FOR USE WITH
DISTRICT OF COLUMBIA GOVERNMENT
SUPPLIES AND SERVICES CONTRACTS
March 2007
OFFICE OF CONTRACTING AND PROCUREMENT
SUITE 700 SOUTH
441 4th STREET, NW
WASHINGTON, DC 20001
2
STANDARD CONTRACT PROVISIONS
TABLE OF CONTENTS
1. Covenant Against Contingent Fees:...........................................................................1
2. Shipping Instructions – Consignment:.......................................................................1
3. Patents:.........................................................................................................................1
4. Quality:.........................................................................................................................1
5. Inspection Of Supplies: ...............................................................................................1
6. Inspection Of Services:................................................................................................3
7. Waiver:.........................................................................................................................4
8. Default: ........................................................................................................................4
9. Indemnification:..........................................................................................................6
10. Transfer: ......................................................................................................................6
11. Taxes:...........................................................................................................................6
12. Appointment of Attorney:............................................................................................7
13. District Employees Not To Benefit: ............................................................................7
14. Disputes:.......................................................................................................................7
15. Changes: ....................................................................................................................10
16 Termination For Convenience Of The District:.......................................................10
17. Recovery Of Debts Owed The District:.....................................................................14
18. Retention and Examination Of Records: .................................................................14
19. Non-Discrimination Clause:.....................................................................................14
20. Definitions: ................................................................................................................16
21. Health And Safety Standards:...................................................................................16
22. Appropriation Of Funds:...........................................................................................16
23. Buy American Act: ....................................................................................................16
24. Service Contract Act of 1965: ...................................................................................17
25. Cost and Pricing Data:..............................................................................................23
26. Multiyear Contract:...................................................................................................25
27. Termination Of Contracts For Certain Crimes And Violations:.............................25
March (2007)
SCP. 1
1. Covenant Against Contingent Fees:
The Contractor warrants that no person or selling agency has been employed or retained
to solicit or secure the contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Contractor for the purpose
of securing business. For breach or violation of this warranty, the District will have the
right to terminate the contract without liability or in its discretion to deduct from the
contract price or consideration or otherwise recover, the full amount of the commission,
percentage, brokerage, or contingent fee.
2. Shipping Instructions – Consignment:
Unless otherwise specified in this Invitation for Bids/Request for Proposals, each case,
crate, barrel, package, etc., delivered under this contract must be plainly stencil marked or
securely tagged, stating the Contractor’s name, contract number and delivery address as
noted in the contract. In case of carload lots, the Contractor shall tag the car, stating
Contractor’s name and contract number. Any failure to comply with these instructions
will place the material at the Contractor’s risk. Deliveries by rail, water, truck or
otherwise, must be within the working hours and in ample time to allow for unloading
and if necessary, the storing of the materials or supplies before closing time. Deliveries at
any other time will not be accepted unless specific arrangements have been previously
made with the contact person identified in the contract at the delivery point.
3. Patents:
The Contractor shall hold and save the District, its officers, agents, servants, and
employees harmless from liability of any nature or kind, including costs, expenses, for or
on account of any patented or unpatented invention, article, process, or appliance,
manufactured or used in the performance of this contract, including their use by the
District, unless otherwise specifically stipulated in the contract.
4. Quality:
Contractor’s workmanship shall be of the highest grade, and all materials provided under
this Contract shall be new, of the best quality and grade, and suitable in every respect for
the purpose intended.
5. Inspection Of Supplies:
(a) Definition. “Supplies,” as used in this clause, includes, but is not limited to raw materials,
components, intermediate assemblies, end products, and lots of supplies.
(b) The Contractor shall be responsible for the materials or supplies covered by this contract
until they are delivered at the designated point, but the Contractor shall bear all risk on
rejected materials or supplies after notification of rejection. Upon the Contractor’s failure
to cure within ten (10) days after date of notification, the District may return the rejected
materials or supplies to the Contractor at the Contractor’s risk and expense.
(c) The Contractor shall provide and maintain an inspection system acceptable to the District
covering supplies under this contract and shall tender to the District for acceptance only
supplies that have been inspected in accordance with the inspection system and have been
found by the Contractor to be in conformity with contract requirements. As part of the
March (2007)
SCP. 2
system, the Contractor shall prepare records evidencing all inspections made under the
system and the outcome. These records shall be kept complete and made available to the
District during contract performance and for as long afterwards as the contract requires.
The District may perform reviews and evaluations as reasonably necessary to ascertain
compliance with this paragraph. These reviews and evaluations shall be conducted in a
manner that will not unduly delay the contract work. The right of review, whether
exercised or not, does not relieve the Contractor of the obligations under this contract.
(d) The District has the right to inspect and test all supplies called for by the contract, to
the extent practicable, at all places and times, including the period of manufacture,
and in any event before acceptance. The District will perform inspections and tests in
a manner that will not unduly delay the work. The District assumes no contractual
obligation to perform any inspection and test for the benefit of the Contractor unless
specifically set forth elsewhere in the contract.
(e) If the District performs inspection or test on the premises of the Contractor or
subcontractor, the Contractor shall furnish, and shall require subcontractors to
furnish, without additional charge, all reasonable facilities and assistance for the
safe and convenient performance of these duties. Except as otherwise provided in
the contract, the District will bear the expense of District inspections or tests
made at other than Contractor’s or subcontractor’s premises; provided, that in
case of rejection, the District will not be liable for any reduction in the value of
inspection or test samples.
(1) When supplies are not ready at the time specified by the Contractor for
inspection or test, the Contracting Officer may charge to the Contractor
the additional cost of inspection or test.
(2) Contracting Officer may also charge the Contractor for any additional
cost of inspection or test when prior rejection makes re-inspection or
retest
(f) The District has the right either to reject or to require correction of
nonconforming supplies. Supplies are nonconforming when they are defective in
material or workmanship or otherwise not in conformity with contract
requirements. The District may reject nonconforming supplies with or without
disposition instructions.
(g) The Contractor shall remove supplies rejected or required to be corrected.
However, the Contracting Officer may require or permit correction in place,
promptly after notice, by and at the expense of the Contractor. The Contractor
shall not tender for acceptance corrected or rejected supplies without disclosing
the former rejection or requirement for correction, and when required, shall
disclose the corrective action taken.
(h) If the Contractor fails to remove, replace, or correct rejected supplies that are
required to be replaced or corrected within ten (10) days, the District may either
(1) by contract or otherwise, remove, replace or correct the supplies and charge
the cost to the Contractor or (2) terminate the contract for default. Unless the
Contractor corrects or replaces the supplies within the delivery schedule, the
Contracting Officer may require their delivery and make an equitable price
reduction. Failure to agree to a price reduction shall be a dispute.
March (2007)
SCP. 3
(i) If this contract provides for the performance of District quality assurance at
source, and if requested by the District, the Contractor shall furnish advance
notification of the time (i) when Contractor inspection or tests will be performed
in accordance with the terms and conditions of the contract, and (ii) when the
supplies will be ready for District inspection.
(j) The District request shall specify the period and method of the advance notification and
the District representative to whom it shall be furnished. Requests shall not require more
than 2 business days of advance notification if the District representative is in residence
in the Contractor’s plant, nor more than 7 business days in other instances.
(k) The District will accept or reject supplies as promptly as practicable after
delivery, unless otherwise provided in the contract. District failure to inspect and
accept or reject the supplies shall not relieve the Contractor from responsibility,
nor impose liability upon the District, for non-conforming supplies.
(l) Inspections and tests by the District do not relieve the Contractor of responsibility for
defects or other failures to meet contract requirements discovered before acceptance.
Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes
amounting to fraud, or as otherwise provided in the contract.
(m) If acceptance is not conclusive for any of the reasons in subparagraph (l) hereof, the
District, in addition to any other rights and remedies provided by law, or under provisions
of this contract, shall have the right to require the Contractor (1) at no increase in contract
price, to correct or replace the defective or nonconforming supplies at the original point
of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in
accordance with a reasonable delivery schedule as may be agreed upon between the
Contractor and the Contracting Officer; provided, that the Contracting Officer may
require a reduction in contract price if the Contractor fails to meet such delivery schedule,
or (2) within a reasonable time after receipt by the Contractor of notice of defects or
noncompliance, to repay such portion of the contract as is equitable under the
circumstances if the Contracting Officer elects not to require correction or replacement.
When supplies are returned to the Contractor, the Contractor shall bear the transportation
cost from the original point of delivery to the Contractor’s plant and return to the original
point when that point is not the Contractor’s plant. If the Contractor fails to perform or
act as required in (1) or (2) above and does not cure such failure within a period of 10
days (or such longer period as the Contracting Officer may authorize in writing) after
receipt of notice from the Contracting Officer specifying such failure, the District will
have the right to return the rejected materials at Contractor’s risk and expense or contract
or otherwise to replace or correct such supplies and charge to the Contractor the cost
occasioned the District thereby.
6. Inspection Of Services:
(a) Definition. “Services” as used in this clause includes services performed,
workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the
District covering the services under this contract. Complete records of all
inspection work performed by the Contractor shall be maintained and made
available to the District during contract performance and for as long afterwards
as the contract requires.
March (2007)
SCP. 4
(c) The District has the right to inspect and test all services called for by the contract,
to the extent practicable at all times and places during the term of the contract.
The District will perform inspections and tests in a manner that will not unduly
delay the work.
(d) If the District performs inspections or tests on the premises of the Contractor or
subcontractor, the Contractor shall furnish, without additional charge, all reasonable
facilities and assistance for the safety and convenient performance of these duties.
(e) If any of the services do not conform to the contract requirements, the District
may require the Contractor to perform these services again in conformity with
contract requirements, at no increase in contract amount. When the defects in
services cannot be corrected by performance, the District may require the
Contractor to take necessary action to ensure that future performance conforms to
contract requirements and reduce the contract price to reflect value of services
performed.
(f) If the Contractor fails to promptly perform the services again or take the
necessary action to ensure future performance in conformity to contract
requirements, the District may (1) by contract or otherwise, perform the services
and charge the Contractor any cost incurred by the District that is directly related
to the performance of such services, or (2) terminate the contract for default.
7. Waiver:
The waiver of any breach of the contract will not constitute a waiver of any subsequent
breach thereof, or a waiver of the contract.
8. Default:
(a) The District may, subject to the provisions of paragraph (c) below, by written
notice of default to the Contractor, terminate the whole or any part of this
contract in any one of the following circumstances:
(1) If the Contractor fails to make delivery of the supplies or to perform the
services within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this
contract, or so fails to make progress as to endanger performance of this
contract in accordance with its terms, and in either of these two
circumstances does not cure such failure within a period of ten (10) days
(or such longer period as the Contracting Officer may authorize in
writing) after receipt of notice from the Contracting Officer specifying
such failure.
(b) In the event the District terminates this contract in whole or in part as provided in
paragraph (a) of this clause, the District may procure, upon such terms and in
such manner as the Contracting Officer may deem appropriate, supplies or
service similar to those so terminated, and the Contractor shall be liable to the
District for any excess costs for similar supplies or services; provided, that the
Contractor shall continue the performance of this contract to the extent not
terminated under the provisions of this clause.
March (2007)
SCP. 5
(c) Except with respect to defaults of subcontractors, the Contractor shall not be
liable for any excess costs if the failure to perform the contract arises out of
causes beyond the control and without the fault or negligence of the Contractor.
Such causes may include, but are not restricted to, acts of God or of the public
enemy, acts of the District or Federal Government in either their sovereign or
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes,
freight embargoes, and unusually severe weather; but in every case the failure to
perform must be beyond the control and without fault or negligence of the
Contractor. If the failure to perform is caused by the default of the subcontractor,
and if such default arises out of causes beyond the control of both the Contractor
and the subcontractor, and without the fault or negligence of either of them, the
Contractor shall not be liable for any excess cost for failure to perform, unless the
supplies or services to be furnished by the subcontractor were obtainable from
other sources in sufficient time to permit the Contractor to meet the required
delivery schedule.
(d) If this contract is terminated as provided in paragraph (a) of this clause, the
District, in addition to any other rights provided in this clause, may require the
Contractor to transfer title and deliver to the District, in the manner and to the
extent directed by the Contracting Officer, (i) completed supplies, and (ii) such
partially completed supplies and materials, parts, tools, dies, jigs, fixtures plans,
drawing information, and contract rights (hereinafter called “manufacturing
materials”) as the Contractor has specifically produced or specifically acquired
for the performance of such part of this contract as has been terminated; and the
Contractor shall, upon direction of the Contracting Officer, protect and preserve
property in possession of the Contractor in which the District has an interest.
Payment for completed supplies delivered to and accepted by the District will be
at the contract price. Payment for manufacturing materials delivered to and
accepted by the District will be at the contract price. Payment for manufacturing
materials delivered to and accepted by the District and for the protection and
preservation of property shall be in an amount agreed upon by the Contractor and
Contracting Officer; failure to agree to such amount shall be a dispute concerning
a question of fact within the meaning of the clause of this contract entitled
“Disputes”. The District may withhold from amounts otherwise due the
Contractor for such completed supplies or manufacturing materials such sum as
the Contracting Officer determines to be necessary to protect the District against
loss because of outstanding liens or claims of former lien holders.
(e) If, after notice of termination of this contract under the provisions of this clause,
it is determined for any reason that the Contractor was not in default under the
provisions of this clause, or that the default was excusable under the provisions
of this clause, the rights and obligations of the parties shall, if the contract
contains a clause providing for termination of convenience of the District, be the
same as if the notice of termination had been issued pursuant to such clause. See
Clause 20 for Termination for Convenience of the District.
(f) The rights and remedies of the District provided in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law or
under this contract.
(g) As used in paragraph (c) of this clause, the terms “subcontractor(s) means
subcontractor(s) at any tier.
March (2007)
SCP. 6
9. Indemnification:
The Contractor agrees to defend, indemnify and hold harmless the District, its officers,
agencies, departments, agents, and employees (collectively the “District”) from and
against any and all claims, losses, liabilities, penalties, fines, forfeitures, demands, causes
of action, suits, costs and expenses incidental thereto (including cost of defense and
attorneys’ fees), resulting from, arising out of, or in any way connected to activities or
work performed by the Contractor, Contractor’s officers, employees, agents, servants,
subcontractors, or any other person acting for or by permission of the Contractor in
performance of this Contract. The Contractor assumes all risks for direct and indirect
damage or injury to the property or persons used or employed in performance of this
Contract. The Contractor shall also repair or replace any District property that is
damaged by the Contractor, Contractor’s officers, employees, agents, servants,
subcontractors, or any other person acting for or by permission of the Contractor while
performing work hereunder.
The indemnification obligation under this section shall not be limited by the existence of any
insurance policy or by any limitation on the amount or type of damages, compensation or
benefits payable by or for Contractor or any subcontractor, and shall survive the termination
of this Contract. The District agrees to give Contractor written notice of any claim of
indemnity under this section. Additionally, Contractor shall have the right and sole authority
to control the defense or settlement of such claim, provided that no contribution or action by
the District is required in connection with the settlement. Monies due or to become due the
Contractor under the contract may be retained by the District as necessary to satisfy any
outstanding claim which the District may have against the Contractor.
10. Transfer:
No contract or any interest therein shall be transferred by the parties to whom the award
is made; such transfer will be null and void and will be cause to annul the contract.
11. Taxes:
(a) The Government of the District of Columbia is exempt from and will not pay
Federal Excise Tax, Transportation Tax, and the District of Columbia Sales and
Use Taxes.
(b) Tax exemption certificates are no longer issued by the District for Federal Excise
Tax. The following statement may be used by the supplier when claiming tax
deductions for Federal Excise Tax exempt items sold to the District.
“The District of Columbia Government is Exempt from Federal Excise Tax –
Registration No. 52-73-0206-K, Internal Revenue Service, Baltimore, Maryland.”
Exempt From Maryland Sales Tax, Registered With The Comptroller Of The
Treasury As Follows:
a) Deliveries to Glenn Dale Hospital – Exemption No. 4647
b) Deliveries to Children’s Center – Exemption No. 4648
c) Deliveries to other District Departments or Agencies – Exemption No. 09339
“The District of Columbia Government is Exempt from Sales and Use Tax –
Registration No. 53-600, The District of Columbia Office of Tax and Revenue.”
March (2007)
SCP. 7
12. Appointment of Attorney:
(a) The bidder/offeror or contractor (whichever the case may be) does hereby irrevocably
designate and appoint the Clerk of the District of Columbia Superior Court and his
successor in office as the true and lawful attorney of the Contractor for the purpose of
receiving service of all notices and processes issued by any court in the District of
Columbia, as well as service of all pleadings and other papers, in relation to any action or
legal proceeding arising out of or pertaining to this contract or the work required or
performed hereunder.
(b) The bidder/offeror or contractor (whichever the case may be) expressly agrees
that the validity of any service upon the said Clerk as herein authorized shall not
be affected either by the fact that the contractor was personally within the District
of Columbia and otherwise subject to personal service at the time of such service
upon the said Clerk or by the fact that the contractor failed to receive a copy of
such process, notice or other paper so served upon the said Clerk provided the
said Clerk shall have deposited in the United States mail, registered and postage
prepaid, a copy of such process, notice, pleading or other paper addressed to the
bidder/offeror or contractor at the address stated in this contract.
13. District Employees Not To Benefit:
Unless a determination is made as provided herein, no officer or employee of the District
will be admitted to any share or part of this contract or to any benefit that may arise
therefrom, and any contract made by the Contracting Officer or any District employee
authorized to execute contracts in which they or an employee of the District will be
personally interested shall be void, and no payment shall be made thereon by the District
or any officer thereof, but this provision shall not be construed to extend to this contract
if made with a corporation for its general benefit. A District employee shall not be a party
to a contract with the District and will not knowingly cause or allow a business concern
or other organization owned or substantially owned or controlled by the employee to be a
party to such a contract, unless a written determination has been made by the head of the
procuring agency that there is a compelling reason for contracting with the employee,
such as when the District’s needs cannot reasonably otherwise be met. (DC
Procurement Practices Act of l985, D.C. Law 6-85, D.C. Official Code, section 2-310.01,
and Chapter 18 of the DC Personnel Regulations)
The Contractor represents and covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which would conflict in any manner or degree with
the performance of its services hereunder. The Contractor further covenants not to
employ any person having such known interests in the performance of the contract.
14. Disputes:
A. All disputes arising under or relating to this contract shall be resolved as provided
herein.
B. Claims by a Contractor against the District.
Claim, as used in Section B 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 this contract. A claim arising under a contract, unlike a claim relating to that
March (2007)
SCP. 8
contract, is a claim that can be resolved under a contract clause that provides for the
relief sought by the claimant.
(a) 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 Contracting Officer for a
decision. The contractor’s claim shall contain at least the following:
(1) A description of the claim and the amount in dispute;
(2) Any data or other information in support of the claim;
(3) A brief description of the Contractor’s efforts to resolve the dispute prior
to filing the claim; and
(4) The Contractor’s request for relief or other action by the Contracting
Officer.
(b) The Contracting Officer may meet with the Contractor in a further attempt to resolve
the claim by agreement.
(c) For any claim of $50,000 or less, the Contracting Officer shall issue a decision
within sixty (60) days from receipt of a written request from a Contractor that a
decision be rendered within that period.
(d) For any claim over $50,000, the Contracting Officer shall issue a decision within
ninety (90) days of receipt of the claim. Whenever possible, the Contracting
Officer 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 Contracting Officer’s written decision shall do the following:
(1) Provide a description of the claim or dispute;
(2) Refer to the pertinent contract terms;
(3) State the factual areas of agreement and disagreement;
(4) 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;
(5) 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;
(6) Indicate that the written document is the contracting officer’s final
decision; and
(7) Inform the Contractor of the right to seek further redress by appealing the
decision to the Contract Appeals Board.
(f) Any failure by the Contracting Officer to issue a decision on a contract claim
within the required time period will be deemed to be a denial of the claim, and
will authorize the commencement of an appeal to the Contract Appeals Board
as authorized by D.C. Official Code § 2-309.04.
March (2007)
SCP. 9
(g) (1) If a Contractor is unable to support any part of his or her claim and it is
determined that the inability is attributable to a material
misrepresentation of fact or fraud on the part of the Contractor, the
Contractor shall be liable to the District for an amount equal to the
unsupported part of the claim in addition to all costs to the District
attributable to the cost of reviewing that part of the Contractor’s claim.
(2) Liability under paragraph (g)(1) shall be determined within six (6)
years of the commission of the misrepresentation of fact or fraud.
(h) The decision of the Contracting Officer shall be final and not subject to review
unless an administrative appeal or action for judicial review is timely
commenced by the Contractor as authorized by D. C. Official Code § 2-309.04.
(i) Pending final decision of an appeal, action, or final settlement, a Contractor
shall proceed diligently with performance of the contract in accordance with
the decision of the Contracting Officer.
C. Claims by the District against a Contractor
(a) Claim as used in Section C 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 this 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) (1) All claims by the District against a Contractor arising under or
relating to a contract shall be decided by the Contracting Officer.
(2) The Contracting Officer shall send written notice of the claim to the
Contractor. The Contracting Officer’s written decision shall do the
following:
(a) Provide a description of the claim or dispute;
(b) Refer to the pertinent contract terms;
(c) State the factual areas of agreement and disagreement;
(d) 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;
(e) 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;
(f) Indicate that the written document is the Contracting Officer’s final
decision; and
(g) Inform the Contractor of the right to seek further redress by
appealing the decision to the Contract Appeals Board.
March (2007)
SCP. 10
(3) The decision shall be supported by reasons and shall inform the
Contractor of its rights as provided herein.
(4) The authority contained in this clause 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.
(5) This clause shall not authorize the Contracting Officer to settle,
compromise, pay, or otherwise adjust any claim involving fraud.
(c) The decision of the Contracting Officer shall be final and not subject to review
unless an administrative appeal or action for judicial review is timely
commenced by the Contractor as authorized by D.C. Official Code §2-309.04.
(d) Pending final decision of an appeal, action, or final settlement, the Contractor
shall proceed diligently with performance of the contract in accordance with
the decision of the Contracting Officer.
15. Changes:
The Contracting Officer 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 this contract, or in
the time required for performance, an equitable adjustment shall be made. Any claim for
adjustment under this paragraph must be asserted within ten (10) days from the date the
change is offered; provided, however, that the Contracting Officer, 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 the Disputes clause at Section 18. Nothing in this clause shall excuse the
Contractor from proceeding with the contract as changed.
16. Termination For Convenience Of The District:
(a) The District may terminate performance of work under this contract in whole or,
from time to time, in part if the Contracting Officer determines that a termination
is in the District’s interest. The Contracting Officer shall terminate by delivering
to the Contractor a Notice of Termination specifying the extent of termination
and effective date.
(b) After receipt of a Notice of Termination, and except as directed by the
Contracting Officer, the Contractor shall immediately proceed with the following
obligations, regardless of any delay in determining or adjusting any amounts due
under this clause:
(1) Stop work as specified in the notice.
(2) Place no further subcontracts or orders (referred to as subcontracts in this
clause) for materials, services, or facilities, except as necessary to
complete the continued portion of the contract.
(3) Terminate all contracts to the extent they relate to the work terminated.
March (2007)
SCP. 11
(4) Assign to the District, as directed by the Contracting Officer, all rights,
title and interest of the Contractor under the subcontracts terminated, in
which case the District will have the right to settle or pay any termination
settlement proposal arising out of those terminations.
(5) With approval or ratification to the extent required by the Contracting
Officer, settle all outstanding liabilities and termination settlement
proposals arising from the termination of subcontracts. The approval or
ratification will be final for purposes of this clause.
(6) As directed by the Contracting Officer, transfer title and deliver to the
District (i) the fabricated or unfabricated parts, work in process,
completed work, supplies, and other materials produced or acquired for
the work terminated, and (ii) the completed or partially completed plans,
drawings, information, and other property that, if the contract has been
completed, would be required to be furnished to the District.
(7) Complete performance of the work not terminated.
(8) Take any action that may be necessary, or that the Contracting Officer
may direct, for the protection and preservation of the property related to
this contract that is in the possession of the Contractor and in which the
District has or may acquire an interest.
(9) Use its best efforts to sell, as directed or authorized by the Contracting
Officer, any property of the types referred to in subparagraph (6) above;
provided, however, that the Contractor (i) is not required to extend credit
to any purchaser and (ii) may acquire the property under the conditions
prescribed by, and at prices approved by, the Contracting Officer. The
proceeds of any transfer or disposition will be applied to reduce any
payments to be made by the District under this contract, credited to the
price or cost of the work, or paid in any other manner directed by the
Contracting Officer.
(c) After the expiration of ninety (90) days (or such longer period as may be agreed
to) after receipt by the Contracting Officer of acceptable inventory schedules, the
Contractor may submit to the Contracting Officer a list, certified as to quantity
and quality of termination inventory not previously disposed of excluding items
authorized for disposition by the Contracting Officer. The Contractor may
request the District to remove those items or enter into an agreement for their
storage. Within fifteen (15) days, the District will accept title to those items and
remove them or enter into a storage agreement. The Contracting Officer may
verify the list upon removal of the items, or if stored, within forty five (45) days
from submission of the list, and shall correct the list, as necessary, before final
settlement.
(d) After termination, the Contractor shall submit a final termination settlement
proposal to the Contracting Officer in the form and with the certification
prescribed by the Contracting Officer. The Contractor shall submit the proposal
promptly, but no later than one year from the effective date of termination, unless
extended in writing by the Contracting Officer upon written request of the
Contractor within this one year period. However, if the Contracting Officer
determines that the facts justify it, a termination settlement proposal may be
March (2007)
SCP. 12
received and acted on after one year or any extension. If the Contractor fails to
submit the proposal within the time allowed, the Contracting Officer may
determine, on the basis of information available, the amount, if any, due to the
Contractor because of the termination and shall pay the amount determined.
(e) Subject to paragraph (d) above, the Contractor and the Contracting Officer may
agree upon the whole or any part of the amount to be paid because of the
termination. The amount may include a reasonable allowance for profit on work
done. However, the agreed amount, whether under this paragraph (e) or
paragraph (f) below, exclusive of costs shown in subparagraph (f)(3) below, may
not exceed the total contract price as reduced by (1) the amount of payment
previously made and (2) the contract price of work not terminated. The contract
shall be amended, and the Contractor paid the agreed amount. Paragraph (f)
below shall not limit, restrict, or affect the amount that may be agreed upon to be
paid under this paragraph.
(f) If the Contractor and the Contracting Officer fail to agree on the whole amount to
be paid because of the termination work, the Contracting Officer shall pay the
Contractor the amounts determined by the Contracting Officer as follows, but
without duplication of any amounts agreed on under paragraph (e) above:
(1) The contract price for completed supplies or services accepted by the
District (or sold or acquired under subparagraph (b)(9) above) not
previously paid for, adjusted for any saving of freight and other charges.
(2) The total of :
(i) The costs incurred in the performance of the work terminated,
including initial costs and preparatory expense allocable thereto,
but excluding any costs attributable to supplies or services paid
or to be paid under subparagraph (f)(1) above;
(ii) The cost of settling and paying termination settlement proposals
under terminated subcontracts that are properly chargeable to the
terminated portion of the contract if not included in
subparagraph (f)(1) above; and
(iii) A sum, as profit on subparagraph f(1) above, determined by the
Contracting Officer to be fair and reasonable; however, if it
appears that the Contractor would have sustained a loss on the
entire contract had it been completed, the Contracting Officer
shall allow no profit under this subparagraph (iii) and shall
reduce the settlement to reflect the indicated rate of loss.
(3) The reasonable cost of settlement of the work terminated, including-
(i) Accounting, legal, clerical, and other expenses reasonably
necessary for the preparation of termination settlement proposals
and supporting data;
(ii) The termination and settlement of subcontractors (excluding the
amounts of such settlements); and
March (2007)
SCP. 13
(iii) Storage, transportation, and other costs incurred, reasonably
necessary for the preservation, protection, or disposition of the
termination inventory.
(g) Except for normal spoilage, and except to the extent that the District expressly
assumed the risk of loss, the Contracting Officer shall exclude from the amounts
payable to the Contractor under paragraph (f) above, the fair value as determined
by the Contracting Officer, of property that is destroyed, lost, stolen, or damaged
so as to become undeliverable to the District or to a buyer.
(h) The Contractor shall have the right of appeal, under the Disputes clause, from
any determination made by the Contracting Officer under paragraphs (d), (f) or
(j), except that if the Contractor failed to submit the termination settlement
proposal within the time provided in paragraph (d) or (j), and failed to request a
time extension, there is no right of appeal. If the Contracting Officer has made a
determination of the amount due under paragraph (d), (f) or (j), the District will
pay the Contractor (1) the amount determined by the Contracting Officer if there
is no right of appeal or if no timely appeal has been taken, or (2) the amount
finally determined on an appeal.
(i) In arriving at the amount due the Contractor under this clause, there shall be
deducted:
(1) All unliquidated advances or other payments to the Contractor under the
termination portion of the contract;
(2) Any claim which the District has against the Contractor under this
contract; and
(3) The agreed price for, or the proceeds of sale of, materials, supplies, or
other things acquired by the Contractor or sold under the provisions of
this clause and not recovered by or credited to the District.
(j) If the termination is partial, the Contractor may file a proposal with the
Contracting Officer for an equitable adjustment of the price(s) of the continued
portion of the contract. The Contracting Officer shall make any equitable
adjustment agreed upon. Any proposal by the Contractor for an equitable
adjustment under this clause shall be requested within ninety (90) days from the
effective date of termination unless extended in writing by the Contracting
Officer.
(k) (1) The District may, under the terms and conditions it prescribes, make partial
payments and payments against costs incurred by the Contractor for the
terminated portion of the contract, if the Contracting Officer believes the total of
these payments will not exceed the amount to which the Contractor shall be
entitled.
(2) If the total payments exceed the amount finally determined to be due, the Contractor
shall repay the excess to the District upon demand together with interest computed at
the rate of 10 percent (10%) per year. Interest shall be computed for the period from
the date the excess payment is received by the Contractor to the date the excess
payment is repaid. Interest shall not be charged on any excess payment due to a
reduction in the Contractor’s termination settlement proposal because of retention or
March (2007)
SCP. 14
other disposition of termination inventory until 10 days after the date of the retention
or disposition, or a later date determined by the Contracting Officer because of the
circumstances.
(l) Unless otherwise provided in this contract or by statute, the Contractor shall
maintain all records and documents relating to the terminated portion of this
contract for 3 years after final settlement. This includes all books and other
evidence bearing on the Contractor’s costs and expenses under this contract. The
Contractor shall make these records and documents available to the District, at
the Contractor’s office, at all reasonable times, without any direct charge. If
approved by the Contracting Officer, photographs, micrographs, or other
authentic reproductions may be maintained instead of original records and
documents.
17. Recovery Of Debts Owed The District:
The Contractor hereby agrees that the District may use all or any portion of any
consideration or refund due the Contractor under the present contract to satisfy, in whole
or part, any debt due the District.
18. Retention and Examination Of Records:
The Contractor shall establish and maintain books, records, and documents (including
electronic storage media) in accordance with generally accepted accounting principles
and practices which sufficiently and properly reflect all revenues and expenditures of
funds provided by the District under the contract that results from this solicitation.
The Contractor shall retain all records, financial records, supporting documents,
statistical records, and any other documents (including electronic storage media)
pertinent to the contract for a period of three (3) years after termination of the contract, or
if an audit has been initiated and audit findings have not been resolved at the end of three
(3) years, the records shall be retained until resolution of the audit findings or any
litigation which may be based on the terms of the contract.
The Contractor shall assure that these records shall be subject at all reasonable times to
inspection, review, or audit by Federal, District, or other personnel duly authorized by the
Contracting Officer.
The Contracting Officer, the Inspector General and the District of Columbia Auditor, or
any of their duly authorized representatives shall, until three years after final payment,
have the right to examine any directly pertinent books, documents, papers and records of
the Contractor involving transactions related to the contract.
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, approved December 13, 1977, as amended (D. C.
Law 2-38; D. C. Official Code §2-1402.11) (2001 Ed.)(“Act” as used in this
Section). The Contractor shall include a similar clause in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. In addition,
Contractor agrees and any subcontractor shall agree to post in conspicuous places,
available to employees and applicants for employment, notice setting forth the
provisions of this non-discrimination clause as provided in Section 251 of the Act.
March (2007)
SCP. 15
(b) Pursuant to rules of the Office of Human Rights, published on August 15, 1986 in
the D. C. Register, Mayor’s Order 2002-175 (10/23/02), 49 DCR 9883 and
Mayor’s Order 2006-151 (11/17/06), 52 DCR 9351, the following clauses apply to
this contract:
(1) The Contractor shall not discriminate against any employee or applicant
for employment because of actual or perceived: race, color, religion,
national origin, sex, age, marital status, personal appearance, sexual
orientation, gender identity or expression, familial status, family
responsibilities, disability, matriculation, political affiliation, genetic
information, source of income, or place of residence or business. Sexual
harassment is a form of sex discrimination which is prohibited by the
Act. In addition, harassment based on any of the above protected
categories is prohibited by the Act.
(2) The Contractor agrees to take affirmative action to ensure that applicants
are employed, and that employees are treated during employment,
without regard to their actual or perceived: race, color, religion, national
origin, sex, age, marital status, personal appearance, sexual orientation,
gender identity or expression, familial status, family responsibilities,
disability, matriculation, political affiliation, genetic information, source
of income, or place of residence or business.
The affirmative action shall include, but not be limited to the following:
(a) employment, upgrading or transfer;
(b) recruitment, or recruitment advertising;
(c) demotion, layoff, or termination;
(d) rates of pay, or other forms of compensation; and
(e) selection for training and apprenticeship.
(3) The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the
Contracting Agency, setting forth the provisions in subsections (b)(1)
and (b)(2) concerning non-discrimination and affirmative action.
(4) The Contractor shall, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment pursuant to the
non-discrimination requirements set forth in subsection (b)(2).
(5) The Contractor agrees to send to each labor union or representative of
workers with which he 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.
March (2007)
SCP. 16
(6) The Contractor agrees to permit access to his books, records and
accounts pertaining to its employment practices, by the Chief
Procurement Officer or designee, or the Director of Human Rights or
designee, for purposes of investigation to ascertain compliance with this
chapter, and to require under terms of any subcontractor agreement each
subcontractor to permit access of such subcontractors’ books, records,
and accounts for such purposes.
(7) The Contractor agrees to comply with the provisions of this chapter and
with all guidelines for equal employment opportunity applicable in the
District of Columbia adopted by the Director of the Office of Human
Rights, or any authorized official.
(8) The Contractor shall include in every subcontract the equal opportunity
clauses, subsections (b)(1) through (b)(9) of this section, so that such
provisions shall be binding upon each subcontractor or vendor.
(9) The Contractor shall take such action with respect to any subcontract as
the Contracting Officer 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.
20. Definitions:
The terms Mayor, Chief Procurement Officer, Contract Appeals Board and District will
mean the Mayor of the District of Columbia, the Chief Procurement Officer of the
District of Columbia or his/her alternate, the Contract Appeals Board of the District of
Columbia, and the Government of the District of Columbia respectively. If the Contractor
is an individual, the term Contractor shall mean the Contractor, his heirs, his executor and
his administrator. If the Contractor is a corporation, the term Contractor shall mean the
Contractor and its successor.
21. Health And Safety Standards:
Items delivered under this contract shall conform to all requirements of the Occupational
Safety and Health Act of 1970, as amended (“OSHA”), and Department of Labor
Regulations under OSHA, and all Federal requirements in effect at time of bid
opening/proposal submission.
22. Appropriation Of Funds:
The District’s liability under this contract is contingent upon the future availability of
appropriated monies with which to make payment for the contract purposes. The legal
liability on the part of the District for the payment of any money shall not arise unless
and until such appropriation shall have been provided.
23. Buy American Act:
(a) The Buy American Act (41 U.S.C. §10a) provides that the District give
preference to domestic end products.
March (2007)
SCP. 17
“Components,” as used in this clause, means those articles, materials, and
supplies incorporated directly into the end products.
“Domestic end product,” as used in this clause, means, (1) an unmanufactured
end product mined or produced in the United States, or (2) an end product
manufactured in the United States, if the cost of its components mined, produced,
or manufactured in the United States, exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as the
products referred to in paragraphs (b)(2) or (3) of this clause shall be treated as
domestic. Scrap generated, collected, and prepared for processing in the United
States is considered domestic.
“End products,” as used in this clause, means those articles, materials, and
supplies to be acquired for public use under this contract.
(b) The Contractor shall deliver only domestic end products, except those-
(1) For use outside the United States;
(2) That the District determines are not mined, produced, or manufactured in
the United States in sufficient and reasonably available commercial
quantities of a satisfactory quality;
(3) For which the District determines that domestic preference would be
inconsistent with the public interest; or
(4) For which the District determines the cost to be unreasonable.
24. Service Contract Act of 1965:
(a) Definitions. “Act,” as used in this clause, means the Service Contract Act of
1965, as amended (41 U.S.C. §351, et seq.).
(1) “Contractor,” as used in this clause, means the prime Contractor or any
subcontractor at any tier.
(2) “Service employee,” as used in this clause, means any person (other than
a person employed in a bona fide executive, administrative, or
professional capacity as defined in 29 CFR 541) engaged in performing a
District contract not exempted under 41 U.S.C. §356, the principal
purpose of which is to furnish services in the United States, as defined in
section 22.1001 of the Federal Acquisition Regulation. It includes all
such persons regardless of the actual or alleged contractual relationship
between them and a contractor.
(b) Applicability.
To the extent that the Act applies, this contract is subject to the
following provisions and to all other applicable provisions of the Act and
regulations of the Secretary of Labor (20 CFR part 4). All interpretations of the
Act in Subpart C of 29 CFR 4 are incorporated in this contract by reference. This
clause does not apply to contracts or subcontracts administratively exempted by
the Secretary of Labor or exempted by 41 U.S.C. §356, as interpreted in Subpart
C of 29 CFR 4.
(c) Compensation
.
March (2007)
SCP. 18
(1) Each service employee employed in the performance of this contract by
the Contractor or any subcontractor shall be paid not less than the
minimum monetary wages and shall be furnished fringe benefits in
accordance with the wages and fringe benefits determined by the
Secretary of Labor or the Secretary's authorized representative, as
specified in any wage determination attached to this contract.
(2) If a wage determination is attached to this contract, the Contractor shall
classify any class of service employees not listed in it, but to be
employed under this contract (i.e., the work to be performed is not
performed by any classification listed in the wage determination) so as to
provide a reasonable relationship (i.e., appropriate level of skill
comparison) between such unlisted classifications and the classifications
listed in the wage determination. Such conformed class of employees
shall be paid the monetary wages and furnished the fringe benefits as are
determined pursuant to the procedures in this paragraph. This
conforming procedure shall be initiated by the Contractor prior to the
performance of contract work by the unlisted class of employee.
(a) The Contractor shall submit Standard Form (SF) 1444, Request
for Authorization of Additional Classification and Rate, to the
Contracting Officer no later than 30 days after the unlisted class
of employee performs any contract work. The Contracting
Officer shall review the proposed classification and rate and
promptly submit the completed SF 1444 (which must include
information regarding the agreement or disagreement of the
employees’ authorized representatives or the employees
themselves together with the agency recommendation), and all
pertinent information to the Wage and Hour Division,
Employment Standards Administration (ESA), Department of
Labor. The Wage and Hour Division will approve, modify, or
disapprove the action or render a final determination in the event
of disagreement within 30 days of receipt or will notify the
Contracting Officer within 30 days of receipt that additional time
is necessary;
(b) The final determination of the conformance action by the Wage
and Hour Division shall be transmitted to the Contracting Officer
who shall promptly notify the Contractor of the action taken.
Each affected employee shall be furnished by the Contracting
Officer with a written copy of such determination or it shall be
posted as a part of the wage determination;
(c) The process of establishing wage and fringe benefit rates that
bear a reasonable relationship to those listed in a wage
determination cannot be reduced to any single formula. The
approach used may vary from wage determination to wage
determination depending on the circumstances. Standard wage
and salary administration practices which rank various job
classifications by pay grade pursuant to point schemes or other
job factors may, for example, be relied upon. Guidance may also
be obtained from the way different jobs are rated under Federal
pay systems (Federal Wage Board Pay System and the General
March (2007)
SCP. 19
Schedule) or from other wage determinations issued in the same
locality. Basic to the establishment of any conformable wage
rate(s) is the concept that a pay relationship should be
maintained between job classifications based on the skill
required and the duties performed;
(d) In the case of a contract modification, an exercise of an option, or
extension of an existing contract, or in any other case where a
Contractor succeeds to a contract under which the classification
in question was previously conformed pursuant to this clause, a
new conformed wage rate and fringe benefits may be assigned to
the conformed classification by indexing (i.e., adjusting) the
previous conformed rate and fringe benefits by an amount equal
to the average (mean) percentage increase (or decrease, where
appropriate) between the wages and fringe benefits specified for
all classifications to be used on the contract which are listed in
the current wage determination, and those specified for the
corresponding classifications in the previously applicable wage
determination. Where conforming actions are accomplished in
accordance with this paragraph prior to the performance of
contract work by the unlisted class of employees, the Contractor
shall advise the Contracting Officer of the action taken but the
other procedures in this clause need not be followed;
(e) No employee engaged in performing work on this contract shall
in any event be paid less than the currently applicable minimum
wage specified under section 6(a)(1) of the Fair Labor Standards
Act of 1938, as amended;
(f) The wage rate and fringe benefits finally determined under this
clause shall be paid to all employees performing in the
classification from the first day on which contract work is
performed by them in the classification. Failure to pay the
unlisted employees the compensation agreed upon by the
interested parties or finally determined by the Wage and Hour
Division retroactive to the date such class of employees
commenced contract work shall be a violation of the Act and this
contract;
(g) Upon discovery of failure to comply with this clause, the Wage
and Hour Division shall make a final determination of
conformed classification, wage rate, and/or fringe benefits which
shall be retroactive to the date such class or classes of employees
commenced contract work.
(3) If the term of this contract is more than 1 year, the minimum wages and
fringe benefits required for service employees under this contract shall be
subject to adjustment after 1 year and not less often than once every 2
years, under wage determinations issued by ESA.
(4) The Contractor can discharge the obligation to furnish fringe benefits
specified in the attachment or determined under paragraph (2) of this
clause by furnishing any equivalent combinations of bona fide fringe
March (2007)
SCP. 20
benefits, or by making equivalent or differential cash payments, in
accordance with Subpart B and C of 29 CFR 4.
(d) Minimum wage: In the absence of a minimum wage attachment for this contract,
the Contractor shall not pay any service or other employees performing this
contract less than the minimum wage specified by section 6(a)(1) of the Fair Labor
Standards Act of 1938, as amended (29 U.S.C. §206). Nothing in this clause shall
relieve the Contractor of any other legal or contractual obligation to pay a higher
wage to any employee.
(e) Successor contracts: If this contract succeeds a contract subject to the Act under
which substantially the same services were furnished and service employees were
paid wages and fringe benefits provided for in a collective bargaining agreement,
then, in the absence of a minimum wage attachment to this contract, the Contractor
may not pay any service employee performing this contract less than the wages and
benefits, including those accrued and any prospective increases, provided for under
that agreement. No Contractor may be relieved of this obligation unless the
limitations of 29 CFR 4.1c(b) apply or unless the Secretary of Labor or the
Secretary's authorized representative:
(1) Determines that the agreement under the predecessor was not the result of
arms-length negotiations; or
(2) Finds, after a hearing under 29 CFR 4.10, that the wages and benefits
provided for by that agreement vary substantially from those prevailing for
similar services in the locality or determines, as provided in 29 CFR 4.11,
that the collective bargaining agreement applicable to service employees
employed under the predecessor contract was not entered into as a result of
arm's length negotiations. Where it is found in accordance with the review
procedures provided in 29 CFR 4.10 and 4.11 and parts 6 and 8 that some or
all of the wages and fringe benefits contained in a predecessor Contractor's
collective bargaining agreement are substantially at variance with those
which prevail for services of a character similar in the locality, and that the
collective bargaining agreement applicable to service employees employed
under the predecessor contract was not entered into as a result of arm's length
negotiations, the Department will issue a new or revised wage determination
setting forth the applicable wage rates and fringe benefits. Such
determination shall be made part of the contract or subcontract, in
accordance with the decision of the Administrator, the Administrative Law
Judge, or the Board of Service Contract Appeals, as the case may be,
irrespective of whether such issuance occurs prior to or after the award of a
contract or subcontract (53 Comp. Gen. 401 (1973)). In the case of a wage
determination issued solely as a result of a finding of substantial variance,
such determination shall be effective as of the date of the final administrative
decision.
(f) Notification to employees
: The Contractor shall notify each service employee
commencing work on this contract of a minimum wage and any fringe benefits
required to be paid, or shall post a notice of these wages and benefits in a
prominent and accessible place at the worksite, using such poster as may be
provided by the Department of Labor.
March (2007)
SCP. 21
(g) Safe and sanitary working conditions: The Contractor shall not permit services
called for by this contract to be performed in buildings or surroundings or under
working conditions provided by or under the control or supervision of the
Contractor that are unsanitary, hazardous, or dangerous to the health or safety of
service employees. The Contractor shall comply with the health standards applied
under 29 CFR Part 1925.
(h) Records: The Contractor shall maintain for 3 years from the completion of work,
and make available for inspection and transcription by authorized ESA
representatives, a record of the following:
(1) For each employee subject to the Act:
(a) Name and address;
(b) Work classification or classifications, rate or rates of wages and
fringe benefits provided, rate or rates of payments in lieu of
fringe benefits, and total daily and weekly compensation;
(c) Daily and weekly hours worked; and
(d) Any deductions, rebates, or refunds from total daily or weekly
compensation.
(2) For those classes of service employees not included in any wage
determination attached to this contract, wage rates or fringe benefits
determined by the interested parties or by ESA under the terms of
paragraph (c)(3) of this clause. A copy of the report required by
paragraph (e) of this clause will fulfill this requirement.
(3) Any list of the predecessor Contractor's employees which had been
furnished to the Contractor as prescribed by this clause. The Contractor
shall also make available a copy of this contract for inspection or
transcription by authorized representatives of the Wage and Hour
Division. Failure to make and maintain or to make available these
records for inspection and transcription shall be a violation of the
regulations and this contract, and in the case of failure to produce these
records, the Contracting Officer, upon direction of the Department of
Labor and notification to the Contractor, shall take action to cause
suspension of any further payment or advance of funds until the violation
ceases. The Contractor shall permit authorized representatives of the
Wage and Hour Division to conduct interviews with employees at the
worksite during normal working hours.
(i) Pay periods
: The Contractor shall unconditionally pay to each employee subject
to the Act all wages due free and clear and without subsequent deduction (except
as otherwise provided by law or regulations, 29 CFR part 4), rebate, or kickback
on any account. These payments shall be made no later than one pay period
following the end of the regular pay period in which the wages were earned or
accrued. A pay period under this Act may not be of any duration longer than
semi-monthly.
(j) Withholding of payments and termination of contract
: The Contracting Officer
shall withhold from the prime Contractor under this or any other District contract
March (2007)
SCP. 22
with the prime contractor any sums the Contracting Officer, or an appropriate
officer of the Labor Department, decides may be necessary to pay underpaid
employees. In the event of failure to pay any employees subject to the Act all or
part of the wages or fringe benefits due under the Act, the Contracting Officer
may, after authorization or by direction of the Department of Labor and written
notification to the Contractor, take action to cause suspension of any further
payment or advance of funds until such violations have ceased. Additionally,
any failure to comply with the requirements of this clause may be grounds for
termination for default. In such event, the District may enter into other contracts
or arrangements for completion of the work, charging the Contractor in default
with any additional cost.
(k) Subcontracts
: The Contractor agrees to insert this clause in all subcontracts.
(l) Contractor's report:
(1) If there is a wage determination attachment to this contract and any
classes of service employees not listed on it are to be employed under the
contract, the Contractor shall report promptly to the Contracting Officer
the wages to be paid and the fringe benefits to be provided each of these
classes, when determined under paragraph (c) of this clause.
(2) If wages to be paid or fringe benefits to be furnished any service
employees under the contract are covered in a collective bargaining
agreement effective at any time when the contract is being performed,
the Contractor shall provide to the Contracting Officer a copy of the
agreement and full information on the application and accrual of wages
and benefits (including any prospective increases) to service employees
working on the contract. The Contractor shall report when contract
performance begins, in the case of agreements then in effect, and shall
report subsequently effective agreements, provisions, or amendments
promptly after they are negotiated.
(m) Contractor's Certification
: By entering into this contract, the Contractor (and
officials thereof) certifies that neither it (nor he or she) nor any person or firm
who has a substantial interest in the Contractor's firm is a person or firm
ineligible to be awarded District contracts by virtue of the sanctions imposed
under section 5 of the Act. No part of this contract shall be subcontracted to any
person or firm ineligible for award of a District contract under section 5 of the
Act. The penalty for making false statements is prescribed in the U.S. Criminal
Code, 18 U.S.C. §1001.
(n) Variations, tolerances, and exemptions involving employment
: Notwithstanding
any of the provisions in paragraphs (c) through (l) of this clause, the following
employees may be employed in accordance with the following variations,
tolerances, and exemptions authorized by the Secretary of Labor.
(1)(i) In accordance with regulations issued under Section 14 of the Fair Labor
Standards Act of 1938 by the Administrator of the Wage and Hour
Division, ESA (29 CFR 520, 521, 524, and 525), apprentices, student
learners, and workers whose earning capacity is impaired by age or by
physical or mental deficiency or injury, may be employed at wages lower
than the minimum wages otherwise required by section 2(a)(1) or 2(b)(1)
March (2007)
SCP. 23
of the Service Contract Act, without diminishing any fringe benefits or
payments in lieu of these benefits required under section 2(a)(2) of the
Act.
(ii) The Administrator will issue certificates under the Act for employing
apprentices, student-learners, handicapped persons, or handicapped
clients of sheltered workshops not subject to the Fair Labor Standards
Act of 1938, or subject to different minimum rates of pay under the two
acts, authorizing appropriate rates of minimum wages, but without
changing requirements concerning fringe benefits or supplementary cash
payments in lieu of these benefits.
(iii) The Administrator may also withdraw, annul, or cancel such certificates
under 29 CFR 525 and 528.
(2) An employee engaged in an occupation in which the employee
customarily and regularly receives more than $30 a month in tips shall be
credited by the employer against the minimum wage required by section
2(a)(1) or section 2(b)(1) of the Act, in accordance with regulations in 29
CFR 531. However, the amount of credit shall not exceed 40 percent of
the minimum rate specified in section 6(a)(1) of the Fair Labor Standards
Act of 1938 as amended.
25. Cost and Pricing Data:
(a) This paragraph and paragraphs b through e below shall apply to contractors or
offerors in regards to: (1) any procurement in excess of $100,000, (2) any
contract awarded through competitive sealed proposals, (3) any contract awarded
through sole source procurement, or (4) any change order or contract
modification. By entering into this contract or submitting this offer, the
Contractor or offeror certifies that, to the best of the Contractor’s or offeror’s
knowledge and belief, any cost and pricing data submitted was accurate,
complete and current as of the date specified in the contract or offer.
(b) Unless otherwise provided in the solicitation, the offeror or Contractor shall,
before entering into any contract awarded through competitive sealed proposals
or through sole source procurement or before negotiating any price adjustments
pursuant to a change order or modification, submit cost or pricing data and
certification that, to the best of the Contractor’s knowledge and belief, the cost or
pricing data submitted was accurate, complete, and current as of the date of
award of this contract or as of the date of negotiation of the change order or
modification.
(c) If any price, including profit or fee, negotiated in connection with this contract,
or any cost reimbursable under this contract, was increased by any significant
amount because (1) the Contractor or a subcontractor furnished cost or pricing
data that were not complete, accurate, and current as certified by the Contractor,
(2) a subcontractor or prospective subcontractor furnished the Contractor cost or
pricing data that were not complete, accurate, and current as certified by the
Contractor, or (3) any of these parties furnished data of any description that were
not accurate, the price or cost shall be reduced accordingly and the contract shall
be modified to reflect the reduction.
March (2007)
SCP. 24
(d) Any reduction in the contract price under paragraph c above due to defective data
from a prospective subcontractor that was not subsequently awarded, the
subcontract shall be limited to the amount, plus applicable overhead and profit
markup, by which (1) the actual subcontract or (2) the actual cost to the
Contractor, if there was no subcontract, was less than the prospective subcontract
cost estimate submitted by the Contractor; provided that the actual subcontract
price was not itself affected by defective cost or pricing data.
(e) Cost or pricing data includes all facts as of the time of price agreement that
prudent buyers and sellers would reasonably expect to affect price negotiations
significantly. Cost or pricing data are factual, not judgmental, and are therefore
verifiable. While they do not indicate the accuracy of the prospective
Contractor’s judgment about estimated future costs or projections, cost or pricing
data do include the data forming the basis for that judgment. Cost or pricing data
are more than historical accounting data; they are all the facts that can be
reasonably expected to contribute to the soundness of estimates of future costs
and to the validity of determinations of costs already incurred.
(f) The following specific information should be included as cost or pricing data, as
applicable:
(1) Vendor quotations;
(2) Nonrecurring costs;
(3) Information on changes in production methods or purchasing volume;
(4) Data supporting projections of business prospects and objectives and
related operations costs;
(5) Unit – cost trends such as those associated with labor efficiency;
(6) Make or buy decisions;
(7) Estimated resources to attain business goals;
(8) Information on management decisions that could have a significant
bearing on costs.
(g) If the offeror or contractor is required by law to submit cost or pricing data in
connection with pricing this contract or any change order or modification of this
contract, the Contracting Officer or representatives of the Contracting Officer shall
have the right to examine all books, records, documents and other data of the
Contractor (including computations and projections) related to negotiating, pricing, or
performing the contract, change order or modification, in order to evaluate the
accuracy, completeness, and currency of the cost or pricing data. The right of
examination shall extend to all documents necessary to permit adequate evaluation of
the cost or pricing data submitted, along with the computations and projections used.
Contractor shall make available at its office at all reasonable times the materials
described above for examination, audit, or reproduction until three years after the later
of:
(1) final payment under the contract;
March (2007)
SCP. 25
(2) final termination settlement; or
(3) the final disposition of any appeals under the disputes clause or of
litigation or the settlement of claims arising under or relating to the
contract.
26. Multiyear Contract:
If this contract is a multiyear contract, then the following provision is made part of this
contract:
If funds are not appropriated or otherwise made available for the continued performance
in a subsequent year of a multiyear contract, the contract for the subsequent year shall be
terminated, either automatically or in accordance with the termination clause of the
contract. Unless otherwise provided for in the contract, the effect of termination is to
discharge both the District and the Contractor from future performance of the contract,
but not from the existing obligations. The Contractor shall be reimbursed for the
reasonable value of any non-recurring costs incurred but not amortized in the price of the
supplies or services delivered under the contract.
27. Termination Of Contracts For Certain Crimes And Violations:
(a) The District may terminate without liability any contract and may deduct from
the contract price or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid in violation of this title if:
(1) The Contractor has been convicted of a crime arising out of or in
connection with the procurement of any work to be done or any payment
to be made under the contract; or
(2) There has been any breach or violation of:
(A) Any provision of the Procurement Practices Act of 1985, as
amended, or
(B) The contract provision against contingent fees.
(b) If a contract is terminated pursuant to this section, the Contractor:
(1) May be paid only the actual costs of the work performed to the date of
termination, plus termination costs, if any; and
(2) Shall refund all profits or fixed fees realized under the Contract.
(c) The rights and remedies contained in this are in addition to any other right or
remedy provided by law, and the exercise of any of them is not a waiver of any
other right or remedy provided by law.
BOARD OF TRUSTEES
UNIVERSITY OF THE DISTRICT OF COLUMBIA
UDC RESOLUTION NO. 2025 – 45
Janitorial Contract – FY26
S
UBJECT: APPROVAL OF CONTRACT NUMBER GF -2025-C-0020 FOR
JANITORIAL SERVICES BY AND BETWEEN TYSON PROJECT
MANAGEMENT GROUP, LLC AND THE BOARD OF TRUSTEES OF
THE UNIVERSITY OF THE DISTRICT OF COLUMBIA (“CONTRACT”)
W
HEREAS, in accordance with the D.C. Official Code § 38-1202.01(a)(8), the Board of Trustees
(“Board”) is charged with the responsibility of governing the University of the District of
Columbia (“University”) and possesses all the powers necessary or convenient to make contracts
and procure and contract for goods and services; and
WHEREAS, pursuant to 8B DCMR §3000.4, specific approval of the President is required for
contracts totaling Two Hundred Fifty Thousand Dollars ($250,000.00) or more; and
WHEREAS, pursuant to 8B DCMR § 205.4(e), specific authorization of the Board is required for
any commitment greater than one million dollars ($1,000,000.00) in a single fiscal year for certain
University procurements; and
WHEREAS, in accordance with the D.C. Code § 1-204.51(b)(1), approval of the Council of the
District of Columbia (“Council”) is required for all contracts involving expenditures in excess of
one million dollars ($1,000,000.00) during a twelve (12)-month period; and
WHEREAS, University desires to enter into the proposed Contract with Tyson Project
Management Group, LLC for janitorial, porter and special event services in the amount of two
million seven hundred seventy-two thousand eight hundred thirty-three dollars and fifty-five cents
($2,772,833.55) for Fiscal Year (FY) 2026, with allocation s of amount s not to exceed sixty
thousand dollars ($60,000.00) for porter services and eighty thousand dollars ($80,000.00) for
special event services, for a total amount not to exceed two million nine hundred twelve thousand
eight hundred thirty-three dollars and fifty-five cents ($2,912,833.55); and
W
HEREAS, the Contract includes, at the University’s discretion, the option to extend the term
for four (4) additional one (1)-year terms; and
W
HEREAS, if such options are exercised, the total Contact amount shall be an amount not to
exceed fifteen million, four hundred and forty-seven thousand, six hundred and fifty-seven dollars
and forty-one cents ($15,447,657.41); and
W
HEREAS, the President has approved the Contract; and
W
HEREAS, the Board is satisfied that t he C ontract represents the proper culmination of the
University’s procurement process and represents the best value to the University; and
NO
W THEREFORE BE IT RESOLVED, that, subject to the required approval of the Council,
the Board approves the Contract and each the President and the University’s Chief Contracting
Janitorial Contract – FY26
BOARD OF TRUSTEES
UNIVERSITY OF THE DISTRICT OF COLUMBIA
UDC RESOLUTION NO. 2025 – 45
Officer are authorized to execute the Contract for FY 2026 in substantially the form attached hereto
as Attachment A, and exercise the options to extend the term subject to Council approval.
BE IT FURTHER RESOLVED, that as soon as practicable, the President is hereby directed to
transmit the Contract to the Council for its approval.
Subm
itted by the Operations Committee: November 13, 2025
Appr
oved by the Board of Trustees: November 13, 2025
______________________________
War
ner H. Session
Chairperson of the Board