Proposed Contract with Tamah, LLC to Contract No. GAGA-2024-C-0466

MURIELBOWSERMayor
May20,2026
HonorablePhilMendelson
Chairman
CounciloftheDistrictofColumbia
JohnA.WilsonBuilding
1350PennsylvaniaAvenue,NW, Suite504
Washington,DC 20004
Dear ChairmanMendelson:
Pursuanttosection451oftheDistrictofColumbiaHome RuleAct(D.C.OfficialCode§ I-204.51)andsection202oftheProcurementPracticesReformActof2010 (D.C.OfficialCode§2-352.02),enclosedforconsiderationandapprovalbytheCounciloftheDistrictofColumbiaisproposedModificationNo.08toContractNo.GAGA-2024-C-0466withTamah,LLCtoexerciseoptionyeartwointheamountof$5,400,000.TheperiodofperformanceisfromOctoberI,2026,throughSeptember30,2027.
Undertheproposedcontractmodification,Tamah,LLCwillprovidededicatedparaprofessionalandnursingservicestotheDistrictofColumbiaPublicSchools(“DCPS”)forstudentswithdisabilities.
My administrationisavailabletodiscussanyquestionsyoumayhaveregardingtheproposedcontractmodification.Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasehaveyourstaffcontactLaVetaHilton,DeputyChiefProcurementOfficer,DCPS,at(202)442-5136,
1lookforwardtotheCouncil'sfavorableconsiderationofthisproposedcontractmodification.
Sincerely,
iel Bowser
GOVERNMENT OF THE DISTRICT OF COLUMBIA
District of Columbia Public Schools

Pursuant to section 202(c-3) of the Procurement Practices Reform Act of 2010, as amended,
D.C. Official Code § 2-352.02(c-3), the following contract summary is provided:

COUNCIL CONTRACT SUMMARY
(Standard and Option Year)

(A) Contract Number: GAGA-2024-C-0466
Proposed Contractor: Tamah, LLC
Contract Amount: $5,400,000 (Mod. 08)
Term of Contract: October 1, 2026, through September 30, 2027
(Option Year Two)
Type of Contract: Requirements Contract with Fixed Price CLINs
Source Selection Method: Invitation for Bid (IFB)

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

Base Period Amount: $5,464,400

Option Year One Amount: $4,300,000

Option Year Two Amount (Mod. 08): $5,400,000

The amount of option year two was decreased, via Modification No. 08, by $354,385,
from $5,754,385 to $5,400,000, due to budgetary requirements.

(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:

Under the proposed contract modification, Tamah, LLC will provide dedicated
paraprofessional and nursing services to the District of Columbia Public Schools (“DCPS”)
for students with disabilities.

GAGA-2024-C-0466
Council Summary

2

(D) The selection process, including the number of offerors, the evaluation criteria, and
the evaluation results, including price, technical or quality, and past performance
components:

The solicitation (an invitation for bids) was posted on the DCPS website on August 14,
2024. On August 19, 2024, Amendment 001 questions and answers were posted. On
August 20, 2024, Amendment 002 extended the bid submission due date from August
20, 2024, to August 21, 2024 at 12:00pm.

Two timely bids were received and were evaluated against
the solicitations’ key minimum requirements. After an acceptability and
responsiveness determination, the lowest acceptable responsive bidder was selected.

(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 were no protests 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:

Tamah, LLC is the current contract holder (since October 1, 2024) and has been
providing dedicated aides and expert nurses to DCPS since June 27, 2022. Based on past
performance with the agency, the contractor has the necessary organization, experience,
accounting and operational controls, technical skills, ability to obtain, and a satisfactory
record of integrity and business ethics.

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

Tamah, LLC is a certified business enterprise (CBE) in the District and will perform
100% of the work under the contract. Therefore, a subcontracting plan is not required.

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

GAGA-2024-C-0466
Council Summary

3

Tamah, LLC’s performance will be regularly and routinely monitored by DCPS. The
expected outcome of the proposed contract is for Tamah, LLC to provide DCPS with
dedicated paraprofessional and nursing services for students with disabilities.

(I) The amount and date of any expenditure of funds by the district pursuant to the
Contract prior to its submission to the Council for approval:

None.

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

The DCPS agency fiscal officer has certified that the proposed contract is within
the appropriate budget authority for the fiscal year and is consistent with the financial
plan and budget adopted in accordance with D.C. Official Code §§ 47-392.01 and 47-
392.02. A certificate of funding, dated April 2, 2026, is attached.

(K) A certification that the Contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the district:

The Office of the Attorney General has reviewed and approved the proposed contract for
legal sufficiency. The proposed contractor has no pending legal claims against
the District. A legal certification, dated May 4, 2026, is attached.

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

According to the Citywide Clean Hands Database, the contractor is current with its
District taxes. The Certificate of Clean Hands, dated April 24, 2026, is attached.

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

Based on the information provided in the Bidder Offeror Certification form, Tamah, LLC
has certified that it is current with its federal taxes.

(N) The status of the proposed contractor as a certified local, small, or disadvantaged
business enterprise as defined in the Small, Local, and Disadvantaged Business
GAGA-2024-C-0466
Council Summary

4

Enterprise Development and Assistance Act of 2005, as amended, D.C. Official Code
§ 2-218.01 et seq.:

Tamah, LLC is a certified business enterprise in the District of Columbia.

(O) Other aspects of the proposed Contract that the Chief Procurement Officer
considers significant:

None.

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

Tamah, LLC is not on the Federal Excluded Parties List or the Office of Contracts and
Procurement Excluded Parties List, accessed on March 10, 2026; therefore, the
Contractor is not currently debarred from providing services to any governmental
entities.

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

Determination and Findings for Contractor Responsibility
Determination and Findings for Price Reasonableness

(R) Where the Contract and any amendments or modifications, if executed, will be
made available online:
https://dcps.dc.gov/page/doing-business-dcps

(S) Where the original solicitation and any amendments or modifications will be made
available online:
https://dcps.dc.gov/page/doing-business-dcps

1101 4th Street, SW
Washington, DC 20024
Date of Notice: April 24, 2026 L0016491408Notice Number:
FEIN: **-***5261
Case ID: 18927100

Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
TAMAH, LLC
80 M ST SE STE 100
WASHINGTON DC 20003-3550

Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov

COPY

Funding Certification

Division of Contracts and Acquisitions
1200 First Street NE, 9th Floor, Washington, DC 20002
(202) 442‐5112/Fax (202) 442‐5634

1. Prepared by: Noam Kosofsky
2. Office/School: Office of Teaching and Learning, Department of Specialized Instruction
3. FY27 Funding Certification Period: 10/1/2026‐9/3 0/2027
4. Summary of Proposed Procurement: Dedicated aides for students assigned aides on IEP, Nurses for
medically fragile students
5. If contract has been awarded:
• Contractor: TAMAH
• Co
ntract Number: GAGA‐2024‐C‐0466

• Contract Amount: $5,400,000.00
• RK Number: TBD
• PO Number: TBD
• FY27 Contract Dates: 10/1/2026‐ 9/3 0/2027

Funding Information:

AGENCY
GA0 if DCPS
GD0 if OSSE)
FISCAL
YEAR FUND ACCOUNT PROGRAM COST
CENTER PROJECT AWARD AMOUNT
GA0 FY27 1010001 7132001 400008 40086 0 0 $5,400,000.00
Total $5,400,000.00

I hereby certify that the above referenced contract is within the appropriated budget authority for the agency and is consistent
with the financial plan and budget adopted in accordance with DC Official Code §§ 47 ‐392
.01 and 47‐392.02 f
or the District of
Columbia Public Schools for the applicable period of performance. The funding obligation for Fiscal Year 2027 is subject to
Congressional approval.

Name Date
DCPS Agency Fiscal Officer/Budget Officer

1200 First Street, NE | Washington, DC 20002 | T 202. 442. 5885 | F 202. 442. 5026 | dcps.dc.gov
4/2/26
400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General

ATTORNEY GENERAL
BRIAN L. SCHWALB

Commercial Division

MEMORANDUM

TO: Tomas Talamante
Director
Office of Policy and Legislative Affairs

FROM: Robert Schildkraut
Section Chief
Government Contracts Section

DATE: May 4, 2026

SUBJECT: Approval of Contract Award over One Million Dollars
Contractor: Tamah, LLC
Contract Number: GAGA-2024-C-0466
Contract Amount: Estimated $5,400,000

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

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

______________________________
Robert Schildkraut

GOVERNMENT OF THE DISTRICT OF COLUMBIA
BILATERIAL MODIFICATION
Page No. 1 of 1 Page(s)
1. CONTRACT NO:
GAGA-2024-C-0466
2. CONTRACT DATE:
October 1, 2024
3. MODIFICATION NO:
01
4. MODIFICATION DATE:
See Block 12
5. CAPTION: Dedicated Aides and Experience Nurses
6. ISSUED TO: (Contractor)
Tamah, LLC
80 M Street SE
Suite 100
Washington, D.C. 20003
7. ISSUING OFFICE:
District of Columbia Public Schools (DCPS)
Contracts and Acquisitions Division
1200 First Street, NE, Suite 900
Washington, DC 20002

8. PROGRAM OFFICE: Division of Specialized Instruction, Office of Teaching and Learning
9. ACTION: Change Exercise of Option Economic Price Adjustment Other

In accordance with Article 15, changes, of the Standard Contract Provisions for use with the District of Columbia Supply
and Services Contracts, dated July 2010, and the 27 DCMR Section 3601 -2, the subject contract is hereby modified as
follows:

1. This modification 01 reduces the amount of the contract for the base year from $5,464,400.00, by $350,00.00, to
$5,114,400.00.

2. This decrease is adjusting the projected level of services per analyzing the level of services performed up to this
date which allowed to appropriately de-obligate the funds.

3. The Period of Performance (POP) remains unchanged from October 1, 2024, to September 30, 2025.

4. Requisition Number RK285013-V2 has been submitted to support this decrease.

5. In accordance with section 38(d) of the Standard Contract Provisions (Way to Work Amendment Act of 2006),
Effective January 1, 2025, until June 30, 2025, the Living Wage rate is $17.50 per hour. Effective July 1, 2025, the
District’s Minimum Wage and Living Wage rates will increase to $18.00 per hour.
6. The Living Wage Act Fact Sheet for 2025 is attached and hereby incorporated in the contract as Attachment J.3 and
J.4. Use this link to access the documents: https://ocp.dc.gov/node/599822.

The Contractor shall reference the Contract Number and the Purchase Order Number on all invoices submitted for
payment.

ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED.

10. AMOUNT OF MODIFICATION: $(350,000.00) CURRENT VALUE OF CONTRACT: $5,114,400.00
CURRENT COMPLETION DATE: September 30, 2025

11 CONTRACTOR
By: Name:
Signature of Authorized Representative
Title: Date

12. ACCEPTANCE BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
Name:
Title: Contracting Officer Date
Signature
Victor Robinson
Chief Financial Officer
02/20/2025
LaVeta Hilton
02/27/2025

GOVERNMENT OF THE DISTRICT OF COLUMBIA
BILATERIAL MODIFICATION
Page No. 1 of 1 Page(s)
1. CONTRACT NO:
GAGA-2024-C-0466
2. CONTRACT DATE:
October 1, 2024
3. MODIFICATION NO:
02
4. MODIFICATION DATE:
See Block 12
5. CAPTION: Dedicated Aides and Experience Nurses
6. ISSUED TO: (Contractor)
Tamah, LLC
80 M Street SE
Suite 100
Washington, D.C. 20003
7. ISSUING OFFICE:
District of Columbia Public Schools (DCPS)
Contracts and Acquisitions Division
1200 First Street, NE, Suite 900
Washington, DC 20002

8. PROGRAM OFFICE: Office of Teaching and Learning, Division of Specialized Instruction
9. ACTION: Change Exercise of Option Economic Price Adjustment Other

In accordance with Article 15, changes, of the Standard Contract Provisions for use with the District of Columbia Supply
and Services Contracts, dated July 2010, and the 27 DCMR Section 3601-2, B.3.1 BASE PERIOD, the subject contract is
hereby modified as follows:

1. This Modification 02 captures and memorializes realignment of CLINs without impact on the Base Year amount of
the Contract per below:

DECREASE
The number of hours for CLIN 0001 from 125,309.68 hours by 9,789.1129 hours to 115,520.5671 hours.
The amount of the CLIN 0001 from $3,884,600.08 by $303,462.50 to $3,581,137.50.

INCREASE
The number of hours for CLIN 0002 Nursing Hours from 18,590.00 hours by 6,069.25 hours to 24,659.25 hours.
The amount of the CLIN 0002 from $929,500.00 by $303,462.50 to $1,232,962.50.

UNCHANGED:
The number of hours for CLIN 0003 Expert Nursing remains 5,720.00.
The amount of the CLIN 0003 remain $300,000.00
The amount for Contract Base Year remains $5,114,400.08.

B.3.1 Base Period: October 1, 2024, through September 30, 2025
CLIN 0001 CLIN 0002 CLIN 0003
Aide Hours Aide Cost
Nursing
Hours Nursing Cost
Expert
Nursing
Hours
Expert
Nursing
TOTAL
Contract Year
Value
Original 136600.00 $4,234,600.00 18590.00 $929,500.00 5720.00 $300,300.00 $5,464,400.00
Modification
1 125309.68 $3,884,600.08 18590.00 $929,500.00 5720.00 $300,300.00 $5,114,400.08
Modification
(Mod 2) -9789.1129 $(303,462.50) 6069.25 $303,462.50 0.00 $- $0.00
Revised
Total 115520.5671 $3,581,137.58 24659.25

$1,232,962.50 5720.00 $300,300.00 $5,114,400.08

2. The contractor shall reference the subject Contract Number and issued Purchase Order Number when submitting
invoices for payment.

ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED.

10. AMOUNT OF MODIFICATION: $0.00 CURRENT VALUE OF CONTRACT: $5,114,400.00
CURRENT COMPLETION DATE: September 30, 2025

11 CONTRACTOR
By: Name:
Signature of Authorized Representative
Title: Date

12. ACCEPTANCE BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
Name:
Title: Contracting Officer Date
Signature
Case File Contractor PSD Using Agency
DC023 3/97
Victor Robinson
06/03/2025
CFO
LaVeta Hilton
6/4/2025

GOVERNMENT OF THE DISTRICT OF COLUMBIA
BILATERIAL MODIFICATION
Page No. 1 of 1 Page(s)
1. CONTRACT NO:
GAGA-2024-C-0466
2. CONTRACT DATE:
October 1, 2024
3. MODIFICATION NO:
03
4. MODIFICATION DATE:
See Block 12
5. CAPTION: Dedicated Aides and Experience Nurses
6. ISSUED TO: (Contractor)
Tamah, LLC
80 M Street SE
Suite 100
Washington, D.C. 20003
7. ISSUING OFFICE:
District of Columbia Public Schools (DCPS)
Contracts and Acquisitions Division
1200 First Street, NE, Suite 900
Washington, DC 20002

8. PROGRAM OFFICE: Office of Teaching and Learning, Division of Specialized Instruction
9. ACTION: Change Exercise of Option Economic Price Adjustment Other

In accordance with Article 15, changes, of the Standard Contract Provisions for use with the District of Columbia Supply
and Services Contracts, dated July 2010, and the 27 DCMR Section 3601-2, B.3.2 OPTION YEAR ONE, and Section F.2.1
of the contract, the subject contract is hereby modified as follows:

Option Year One of the contract hereby is exercised per below:

1. The Period of Performance (POP) for Option Year One is from October 1, 2025, to September 30, 2026.
2. This Modification 03 for Option Year One decreases the contract amount from $5,578,460.00 by $1,278,460.00 to
$4,300,000.00 per below table and in accordance with contractor’s revised pricing dated May 30, 2025:

B.4.2 OPTION YEAR ONE October 1, 2025, through September 30, 2026
Contract Line
Item No. (CLIN)

Item Description

Price Per Unit

Estimated
Quantity

Total Estimated
Price
1001

Dedicated Aide Services $ 31.50/ Per Hour 96,136.508 Hours.
(Up to 71 dedicated
aides: 7.5 hours/day,
5 weekdays.)
$3,028,300.00
1002 Dedicated Nursing Services for
students with disabilities
$52.00 per Hour

20,250.00 hours (Up
to 15 Nurses 7.5
hours/day 5
weekdays)
$1,053,000.00
1003 Dedicated Expert Nursing
Services for students with
disabilities.
$54.00/ per Hour 4,050 Hours (Up to 3
Nurses 7.5 hours/day
5 weekdays)
$218,700.00
Grand Total for
B.4.2
Not To Exceed $4,300,000.00

NOTE (2) The fixed hourly rates shall be fully loaded and include wages, benefits, overhead, general, and administrative
expenses and profit.
3. The contractor shall reference the subject Contract Number and issued Purchase Order Number when submitting
invoices for payment.

ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED.

10. AMOUNT OF MODIFICATION: $(1,278,460.00) CURRENT VALUE OF CONTRACT: $4,300,000.00
CURRENT COMPLETION DATE: September 30, 2026
11 CONTRACTOR
By: Name:
Signature of Authorized Representative
Title: Date
12. ACCEPTANCE BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
Name:
Title: Contracting Officer Date
Signature
Case File Contractor PSD Using Agency
D C 0 2 3 3 / 9 7
Victor Robinson 06/03/2025
CFO
LaVeta Hilton 7/1/2025
Signature
EPTANCE BY THE GOVERNME
*https://lims.dccouncil.gov/Legislation/CA26-0266
CA26-0266 was Deemed Approved on Jun 27, 2025
GOVERNMENT OF THE DISTRICT OF COLUMBIA
BI
LATERIAL MODIFICATION
Page No. 1 of 2 Page(s)
1. CONTRACT NO:
GAGA-2024-C-0466
2. CONTRACT DATE:
October 1, 2024
3. MODIFICATION NO:
04
4. MODIFICATION DATE:
See Block 12
5. CAPTION: Dedicated Aides and Experience Nurses
6. ISSUED TO: (Contractor)
Tamah, LLC
80 M Street SE
Suite 100
Washington, D.C. 20003
7. ISSUING OFFICE:
District of Columbia Public Schools (DCPS)
Contracts and Acquisitions Division
1200 First Street, NE, 9th Floor
Washington, DC 20002
8. PROGRAM OFFICE: Division of Specialized Instruction, Office of Teaching and Learning
9. ACTION: Change Exercise of Option Economic Price Adjustment Other
In accordance with Article 15, changes, of the Standard Contract Provisions for use with the District of Columbia Supply
and Services Contracts, dated July 2010, and the 27 DCMR Section 3601 -2, the subject contract is hereby modified as
follows:
1. This
modification 04 increases the amount of the contract for the base year from $5,114,400.00 by $70,435.08 to
$5,184,835.08.
2. Thi
s increase is adjusting the projected level of services per analyzing the level of services performed up to this
date which allowed us to appropriately re-obligate the funds.
3. The Per
iod of Performance (POP) remains unchanged from October 1, 2024, to September 30, 2025.
4. Req
uisition Number RK285013-V3 has been submitted to support this increase per table below.
5. DELET
E:
Section 2.2 Page 11. Paraprofessionals shall work no more than 7.5 hours per day and nurses no more than 8 hours
per day with their assigned students or classroom according to a schedule authorized by the school principal or a
request has been made by DCPS and approval received by the DCPS contract administrator to exceed the hours.
Paraprofessionals and nurses are to eat lunch with their students.
CLIN 0001 CLIN 0002 CLIN 0003
Aide Hours Aide Cost Nursing Hours Nursing Cost
Expert Nursing
Hours
Expert
Nursing
TOTAL Contract
Year Value
Original 136600.00 $4,234,600.00 18590.00 $929,500.00 5720.00 $300,300.00 $5,464,400.00
Modification 1 125309.68 $3,884,600.08 18590.00 $929,500.00 5720.00 $300,300.00 $5,114,400.08
Modification 2 115520.5645 $3,581,137.50 24659.25 $1,232,962.50 5720.00 $300,300.00 $5,114,400.00
Modification 3 (Part
1: no-cost shift) 0 $- 560.70 $28,035.00 -534.00 $(28,035.00) $-
Modification 3 (Part
2: addition) 775.002581 $24,025.08 928.20 $46,410.00 0.00 $- $70,435.08
Modification 3
(total change) 775.002581 $24,025.08 1488.90 $74,445.00 -534.00 $(28,035.00) $70,435.08
Revised Contract
Total 116295.567100 $3,605,162.58 26148.1500 $1,307,407.50 5186.0000 $272,265.00 $5,184,835.08
REPLACE:
Section 2.2 Page 11. The Office of Teaching and Learning, Division of Specialized Instruction, proposes increasing the
allowable hours for nurses and aides in certain circumstances —such as field trips or transportation delays —where
contracted staff may be required to remain with a student or group of students beyond the standard 7.5-hour day, not
to exceed 9 hours, shall be approved by DCPS.

6. The Contractor shall reference the Contract Number and the Purchase Order Number on all invoices submitted for
payment.

ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED.

10. AMOUNT OF MODIFICATION: $70,435.08 CURRENT VALUE OF CONTRACT: $5,184,835.08
CURRENT COMPLETION DATE: September 30, 2025

11 CONTRACTOR
By: Name:
Signature of Authorized Representative
Title: Date

12. ACCEPTANCE BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
Name:
Title: Contracting Officer Date
Signature
Case File Contractor PSD Using Agency
DC023 3/97
Victor Robinson
CFO
09/22/2025
LaVeta Hilton
9/27/2025

GOVERNMENT OF THE DISTRICT OF COLUMBIA
BILATERIAL MODIFICATION
Page No. 1 of 1 Page(s)
1. CONTRACT NO:
GAGA-2024-C-0466
2. CONTRACT DATE:
October 1, 2024
3. MODIFICATION NO:
05
4. MODIFICATION DATE:
See Block 12
5. CAPTION: Dedicated Aides and Experience Nurses
6. ISSUED TO: (Contractor)
Tamah, LLC
80 M Street SE
Suite 100
Washington, D.C. 20003
7. ISSUING OFFICE:
District of Columbia Public Schools (DCPS)
Contracts and Acquisitions Division
1200 First Street, NE, 9th Floor
Washington, DC 20002

8. PROGRAM OFFICE: Office of Teaching and Learning, Division of Specialized Instruction
9. ACTION: Change Exercise of Option Economic Price Adjustment Other

In accordance with Article 15, Changes of the Standard Contract Provisions for use with the District of Columbia Supply
and Services Contracts, dated July 2010, and the 27 DCMR Section 3601-2, B.3.2 OPTION YEAR ONE, and Section F.2.1
of the contract, the subject contract is hereby modified as follows:

Modification 03, Option Year One of the contract hereby is modified per below:

1. The CLINs 1001 through 1003 Estimated Quantity has been changed/realigned per table below without impact on
the value of Option Year One.
2. Option Year One of the contract remains unchanged $4,300,000.00.

B.4.2 OPTION YEAR ONE October 1, 2025, through September 30, 2026

Contract Line
Item No. (CLIN)

Item Description

Price Per Unit

Estimated
Quantity

Total Estimated
Price
1001

Dedicated Aide Services $31.50/ Per Hour 71,536.508 Hours $2,253,400.00
1002 Dedicated Nursing Services for
students with disabilities
$52.00 per Hour

33,750 hours $1,755,000.00
1003 Dedicated Expert Nursing
Services for students with
disabilities.
$54.00/ per Hour 5,400 Hours $291,600.00
Grand Total for
B.4.2
Not To Exceed $4,300,000.00

3. The contractor shall reference the subject Contract Number and issued Purchase Order Number when submitting
invoices for payment.

ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED.

10. AMOUNT OF MODIFICATION: $0.00 CURRENT VALUE OF CONTRACT: $4,300,000.00
CURRENT COMPLETION DATE: September 30, 2026

11 CONTRACTOR
By: Name:
Victor Robinson
09/26/2025
Signature of Authorized Representative
Title: Date

12. ACCEPTANCE BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
Name:
Title: Contracting Officer Date
Signature
Case File Contractor PSD Using Agency
DC023 3/97
Chief Financial Officer, TAMAH LLC

GOVERNMENT OF THE DISTRICT OF COLUMBIA
CHANGE ORDER/BI-LATERIAL MODIFICATION
Page No. 1 of 1 Page(s)
1. CONTRACT NO:
GAGA-2024-C-0466
2. EFFECTIVE DATE:
October 1, 2024
3. MODIFICATION NO:
06
4. MODIFICATION DATE:
3/20/2026
5. ISSUING OFFICE:
CONTRACTS AND ACQUISITIONS DIVISION
OFFICE OF FISCAL STRATEGY
1200 First Street, NE, 9th Floor
Washington, DC 20002
DCPS.ProcurementOps@k12.dc.gov

6. ISSUED TO: (Contractor)
Tamah, LLC
80 M Street SE, Suite 100
Washington, DC 20003
Tele: (301)567-5613
Email: vrobinson@tamahservices.org
7. USING AGENCY OR AGENCIES:
Office of Teaching and Learning, Division of Specialized Instruction
8. TITLE:
Dedicated Aides and Experience Nurses
9. ACTION: Change Exercise of Option Economic Price Adjustment Other

Pursuant to Section 15 of the Government of the District of Columbia Standard Contract Provisions for use with the
District of Columbia Supply and Services Contracts, dated July 2010, and 27 DCMR, Section 3601.3, modification to the
contract are hereby as follows:

1.) The Period of Performance (POP) for Option Year One is from October 1, 2026, to September 30, 2027.
2.) Modification 05 does not exist.

ALL OTHER COTRACT TERMS AND CONDITIONS REMAIN UNCHANGED

10.
3/20/2026
DATE CONTRACTING OFFICER SIGNATURE
Case File Contractor PSD Using Agency
DC022 3/97

Tabitha Woods Jackson

GOVERNMENT OF THE DISTRICT OF COLUMBIA
BILATERAL MODIFICATION
Page No. 1 of 1 Page(s)
1. CONTRACT NO/TASK ORDER
GAGA-2024-C-0466
2. CONTRACT DATE:
October 1, 2025
3.
MO DIFICATION NO
07
4. MODIFICATION DATE:
See Block 12
5. CAPTION: Dedicated Aides and Experience Nurses
6. ISSUED TO: (Contractor)
Tamah, LLC
80 M Street SE, Suite 100
Washington, D.C. 20003
7.
ISSUING OFFICE:
District of Colu
mbia Public Schools (DCPS)
Office of Fiscal Strategy, Contracts and Acquisitions Division
1200 First Street NE, 9th Floor
Washington, DC 20002
8. PROGRAM OFFICE: District of Columbia P ublic Schools (DCPS) Office of Teaching and Learning, Division of Specialized Instruction
(OTL)
9. ACTION: Change Exercise of Option Economic Price Adjustment Other
In accordance with Article 15, changes of the Standard Contract Provisions for use with the District of Columbia Supply and Services
Contracts, dated July 2010, and the DCMR –Section 3601.2, the subject contract is hereby modified as follows:
1) This modification 07 increases the amount of the contract for Option Year One from $4,300,000.00 by $614,207.52 to
$4,914,207.52.
2) This increase is adjusting the projected level of services per analyzing the level of services performed up to this date which
allowed us to appropriately re-obligate the funds.
B.4.2 OPTION YEAR ONE October 1, 2025 through September 30, 2026
Item No.
(CLIN)
Item Description Price Per Unit Estimated
Quantity
Total Estimated
Price
1001 Dedicated Aide Services $3 1.50/ Per Hour 98,602.08 hours $3,105,965.52
1002 Dedicated Nursing Services for students with
disabilities
$52.00 per Hour 29,620.00 hours $1,540,240.00
1003 Dedicated Expert Nursing Services for
students with disabilities.
$54.00/ per Hour 4,963.00 hours $268,002.00
Grand Total $4,9 14,207.52
3) The period of performance for Option Year
One is from October 01, 2025, through September 30, 2026.
All other terms and conditions of the contract remain unchanged.
10. Amount of Modification: $614,207.52 Current Value of Contract: $4,914,207.52
Current Completion Date: Septembe r 30, 2026
11. CONTRACTORS
By: Name:
Signature of Authorized Representative Title: Date
12. ACCEPTANCE BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
Name:
Title: Contracting Officer Da te
Signature
Case File Contractor PSD Using Agency
Victor Robinson
Chief Financial Officer
03/26/2026
Tabitha Woods Jackson
April 10, 2026

GOVERNMENT OF THE DISTRICT OF COLUMBIA
BILATERIAL MODIFICATION
Page No. 1 of 2 Page(s)
1. CONTRACT NO:
GAGA-2024-C-0466
2. CONTRACT DATE:
October 1, 2024
3. MODIFICATION NO:
08
4. MODIFICATION DATE:
See Block 12
5. CAPTION: Dedicated Aides and Experienced Nurses
6. ISSUED TO: (Contractor)
Tamah, LLC
80 M Street SE
Suite 100
Washington, D.C. 20003
7. ISSUING OFFICE:
District of Columbia Public Schools (DCPS)
Contracts and Acquisitions Division
1200 First Street, NE, 9th Floor
Washington, DC 20002

8. PROGRAM OFFICE: Office of Teaching and Learning, Division of Specialized Instruction
9. ACTION: Change Exercise of Option Economic Price Adjustment Other

In accordance with Article 15, changes of the Standard Contract Provisions for use with the District of Columbia Supply
and Services Contracts, dated July 2010, and the 27 DCMR Section 3601-2, B.3.2 OPTION YEAR TWO, and Section F.2.1
of the contract, the subject contract is hereby modified as follows:

Option Year Two of the contract hereby is exercised per below:

1. The Period of Performance (POP) for Option Year Two is from October 1, 2026, to September 30, 2027.

2. This Modification 08 option year two is to decrease the amount on the contract from $5,754,385.00 by
$354,385.00 to $5,400,000.00

3. The vendor provided the received quote on April 6, 2026, to support the contract value decrease.

4. This Modification 08 will exercise Option Year Two in the amount of $5,400,000.00.

B.4.2 OPTION YEAR TWO October 1, 2026, through September 30, 2027
Contract Line
Item No. (CLIN)

Item Description

Price Per Unit

Estimated
Quantity

Total Estimated
Price
2001

Dedicated Aide Services $32.50/ Per Hour 107,292,307692
Hours. (Up to 130
dedicated aides: 7.5
hours/day, 5
weekdays.)
$3,487,000.00
2002 Dedicated Nursing Services for
students with disabilities
$53.50/ per Hour

30,000.00 hours (Up
to 25 Nurses 7.5
hours/day 5
weekdays)
$1,605,000.00
2003 Dedicated Expert Nursing
Services for students with
disabilities.
$56.00/ per Hour 5,500.00 Hours (Up
to 6 Nurses 7.5
hours/day 5
weekdays)
$308,000.00
Grand Total for
B.4.2
Estimated $5,400,000.00

NOTE: The fixed hourly rates shall be fully loaded and include wages, benefits, overhead, general, and administrative
expenses and profit.

5. The contractor shall reference the subject Contract Number and issued Purchase Order Number when submitting
invoices for payment.

ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED.

10. AMOUNT OF MODIFICATION: $354,385.00 CURRENT VALUE OF CONTRACT: $5,400,000.00
CURRENT COMPLETION DATE: September 30, 2027

11 CONTRACTOR
By: Name:
Signature of Authorized Representative
Title: Date

12. ACCEPTANCE BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
Name:
Title: Contracting Officer Date
Signature
Case File Contractor PSD Using Agency
DC023 3/97
Victor Robinson
Chief Financial Officer
05/18/2026

DISTRICT OF COLUMBIA PUBLIC SCHOOLS
NEGOTIATED CONTRACT FOR GOODS AND/OR SERVICES
Page No. 1 of 42 pages

ISSUED BY: Office of Fiscal Strategy, Contracts and Acquisitions Division
ADDRESS: 1200 First Street, N.E. 9th Floor
W ashington, DC 20002

CONTRACT NO: GAGA-2024-C-0466 SOLICITATION NO: GAGA-2024-I-0466
PROGRAM OFFICE: Division of Specialized Instruction (DSI), Teaching and Learning (OTL)
CAPTION: Dedicated Aides, Nursing, and Expert Nursing

TABLE OF CONTENTS
(√) SEC. DESCRIPTION PAGE(S) (√) SEC. DESCRIPTION PAGE(S)
PART 1 – The Schedule PART II – Contract Clauses
√ A Solicitation/Contract Form 1-2 √ I Contract Clauses 29-42
√ B Supplies/Services and Price/Costs 2-6 PART III – List of Documents, Exhibits and Other Attach
√ C Description/Specs/Work Statement 7-12 √ J List of Attachments 42
√ D Packaging and Marking 12 PART IV – Representations and Instructions
√ E Inspection and Acceptance 13 K Representations, Certifications and other
Statements of Offerors
N/A
√ F Deliveries or Performance 13-14
√ G Contract Administration 14-20 L Instrs. Conds. & Notices to Offerors NA
√ H Special Contract Requirements 20-29 M Evaluation Factors for Award NA

The undersigned offers and agrees that, with respect to all terms and conditions, as negotiated between the offeror and DCPS, and contained herein, and the provisions
of the solicitation, constitutes the Formal Contract.

ACCOUNTING AND APPROPRIATION DATA:

CONTRACTOR: (Contractor shall not commence performance until the District
of Columbia Public Schools has signed this document)

Tamah, LLC.
Contractor’s Name

BY: ____________________________________________________
Signature of Authorized Representative

Print Name:

________________________________________________________
Title

____________________________
Date:

80 M Street SE
Suite 100
Washington, D.C. 20003
Mailing Address of Contractor

_________________________________________________________
301-567-5613_______ ______________________
Telephone No. Facsimile No.

ACCEPTANCE BY THE DISTRICT OF COLUMBIA PUBLIC SCHOOLS:

__________________________________________
Contracting Officer

_________________________________________________
Type or Print Name Date

The information contained in the box below is for District of Columbia Public
Schools use only and, in the event of a discrepancy between this information
and the terms of the contract, the contract terms shall take precedence.

PERIOD OF CONTRACT: October 1, 2024, to September 30, 2025.

CONTRACT AMOUNT (NTE): $5,464,400.00 Estimated.

Chief Financial Officer
08/26/2024
202-599-3359
*Council deemed approved 9/21/2024
https://lims.dccouncil.gov/Legislation/CA25-0976
9/30/2024
LaVeta Hilton

GAGA-2024-C-0466 – Dedicated Aides, Nursing, and Expert Nursing

2

SECTION A: INTRODUCTION AND BACKGOUND

A.1 The District of Columbia Public Schools (DCPS) educates approximately 50,000 students in 118 schools and
educational centers which includes students with special needs who require the special services under this
contract

A.2 The awarded contractor (s) shall perform the work in accordance with all applicable federal, state, local and
national codes, and regulations to include DC Municipal Regulations (DCMR), and all requirements as
mandated by the District of Columbia Regulatory Authority.

A.3 It shall be the responsibility of the Contractor to perform the requirements of this contract.

A.6 Offerors shall use the “Section B,” “Section C,” and other sections of the Invitation for Bid (IFB) to prepare
and submit proposals for this contract.

SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST

B.1.1 The District of Columbia Public Schools (“District” or “DCPS”), Contracts and Acquisitions Division on
behalf of the Division of Specialized Instruction (DSI) in the Office of Teaching and Learning (OTL), is
awarding this contract to a service provider to staff paraprofessional and nurses dedicated to specific student
who have disabilities (“Dedicated Aides and Nursing, and Expert Nursing Services”) during the school day.

B.1.2 This is a Requirement Contract with fixed hourly rate CLINs in accordance with the 27 DCMR Chapter 24.

B.1.3 The District will purchase its requirement of the articles or services included herein from the Contractor. The
estimated quantities stated herein reflect the best estimates available. The estimate shall not be construed as a
representation that the estimated quantity will be required or ordered, or that conditions affecting
requirements will be stable. The estimated quantities shall not be construed to limit the quantities which may
be ordered from the Contractor of its obligation to fill all such orders.

a) Delivery shall be made only as authorized in accordance with the Purchase Order. The District may
issue orders requiring delivery to multiple destinations or performance at multiple locations. If the District
urgently requires delivery before the earliest date that delivery may be specified under this contract, and if the
Contractor shall not accept an order providing for the accelerated delivery, the District may acquire the
urgently required goods or services from another source. The Contractor shall furnish to the District, when
and if ordered, the services specified in the Schedule up to and including the quantities of each CLIN.

GAGA-2024-C-0466 – Dedicated Aides, Nursing, and Expert Nursing

3

b) There is no limit on the number of orders that may be issued. The District may issue orders requiring
delivery to multiple destinations or performance at multiple locations. Destinations will be mutually agreed
upon by both parties.

c) Any Order issued during the effective period of this contract and not completed within that period
shall be completed by the Contractor within the time specified in the order. The contract shall govern the
Contractor’s and District’s rights and obligations with respect to that order to the same extent as if the order
were completed during the contract’s effective period, provided that the Contractor shall not be required to
make any deliveries under this contract after the expiration date.

B.1.4 The District contemplates a single award of a Requirements contract with the fixed hourly rate CLINs.in
accordance with 27 DCMR Chapter 24.

a. The contractor shall charge an hourly rate for providing staff dedicated aides, nurses, and expert
nurses.

b. The fixed hourly rate shall be fully loaded and include wages, benefits, overhead, general, and
administrative (G&A) expenses, and profit.

B.2 AGGREGATE GROUP OR INDIVIDUAL ITEM

Award has been made to a single bidder in the aggregate for those groups of items indicated by “Aggregate
Award Group” herein. Bidder quoted unit prices on each item within each group.

B.3 Price Schedule: Requirements with Time and Material/Labor Hours CLINs.

B.3.1 Base Period: October 1, 2024, through September 30, 2025
Contract Line
Item No.
(CLIN)

Item Description

Price Per Unit

Estimated
Quantity

Total Estimated
Price
0001

Dedicated Aide Services $31.00 Per Hour 136,600 Hours. (Up
to 130 dedicated
aides: 7.5 hours/day,
5 weekdays.)
$4,234,600.00
0002 Dedicated Nursing Services
for students with disabilities
$50.00 per Hour

18,590 hours (Up to
25 Nurses 7.5
hours/day 5
weekdays)
$929,500.00
0003 Dedicated Expert Nursing
Services for students with
disabilities.
$52.50 per Hour 5,720 Hours (Up to 6
Nurses 7.5 hours/day
5 weekdays)
$300,00.00
Grand Total
for B.3.1
Not To Exceed $5,464,400.00
NOTE (1): Item No 001 -- The hours is an estimate. It may fluctuate, increase, and/or decrease per DCPS needs.
NOTE (2) The fixed hourly rates shall be fully loaded and include wages, benefits, overhead, general, and
administrative expenses and profit.

GAGA-2024-C-0466 – Dedicated Aides, Nursing, and Expert Nursing

4

B.3.2 OPTION YEAR ONE October 1, 2025, through September 30, 2026
Contract Line
Item No.
(CLIN)

Item Description

Price Per Unit

Estimated
Quantity

Total Estimated
Price
1001

Dedicated Aide Services $31.50 Per Hour 136,600 Hours. (Up
to 130 dedicated
aides: 7.5 hours/day,
5 weekdays.)
$4,302,900.00
1002 Dedicated Nursing Services for
students with disabilities
$52.00 per Hour

18,590 hours (Up to
25 Nurses 7.5
hours/day 5
weekdays)
$966,680.00
1003 Dedicated Expert Nursing
Services for students with
disabilities.
$54.00 per Hour 5720 Hours (Up to 6
Nurses 7.5 hours/day
5 weekdays)
$308,880.00
Grand Total for
B.3.2
Not To Exceed $5,578,460.00
NOTE (1): Item No 001 -- The hours is an estimate. It may fluctuate, increase, and/or decrease per
DCPS needs.
NOTE (2) The fixed hourly rates shall be fully loaded and include wages, benefits, overhead, general,
and administrative expenses and profit.

B.3.3 OPTION YEAR TWO October 1, 2026, through September 30, 2027
Contract Line
Item No. (CLIN)

Item Description

Price Per Unit

Estimated
Quantity

Total Estimated
Price
2001

Dedicated Aide Services $32.50 Per Hour 136,600 Hours. (Up
to 130 dedicated
aides: 7.5 hours/day,
5 weekdays.)
$4,439,500.00
2002 Dedicated Nursing Services for
students with disabilities
$53.50 per Hour

18,590 hours (Up to
25 Nurses 7.5
hours/day 5
weekdays)
$994,565.00
2003 Dedicated Expert Nursing
Services for students with
disabilities.
$56.00 per Hour 5,720 Hours (Up to 6
Nurses 7.5 hours/day
5 weekdays)
$320,320.00
Grand Total for
B.3.3
Not To Exceed $5,754,385.00
NOTE (1): Item No 001 -- The hours is an estimate. It may fluctuate, increase, and/or decrease per DCPS needs.
NOTE (2) The fixed hourly rates shall be fully loaded and include wages, benefits, overhead, general, and
administrative expenses and profit.

GAGA-2024-C-0466 – Dedicated Aides, Nursing, and Expert Nursing

5

B.3.4 OPTION YEAR THREE October 1, 2027, through September 30, 2028
Contract Line
Item No.
(CLIN)

Item Description

Price Per Unit

Estimated
Quantity

Total Estimated
Price
3001

Dedicated Aide Services $34.00 Per Hour 136,600 Hours. (Up
to 130 dedicated
aides: 7.5 hours/day,
5 weekdays.)
$4,644,400.00
3002 Dedicated Nursing Services
for students with disabilities
$54.00 per Hour

18,590 hours (Up to
25 Nurses 7.5
hours/day 5
weekdays)
$1,003860.00
3003 Dedicated Expert Nursing
Services for students with
disabilities.
$57.50 per Hour 5,720 Hours (Up to 6
Nurses 7.5 hours/day
5 weekdays)
$328,900.00
Grand Total for
B.3.4
Not To Exceed $5,977,160.00
NOTE (1): Item No 001 -- The hours is an estimate. It may fluctuate, increase, and/or decrease per DCPS needs.
NOTE (2) The fixed hourly rates shall be fully loaded and include wages, benefits, overhead, general, and
administrative expenses and profit.

B.3.5 OPTION YEAR FOUR October 1, 2028, through September 30, 2029
Contract Line
Item No.
(CLIN)

Item Description

Price Per Unit

Estimated
Quantity

Total Estimated
Price
4001

Dedicated Aide Services $35.00 Per Hour 136,600 Hours. (Up
to 130 dedicated
aides: 7.5 hours/day,
5 weekdays.)
$4,781,000.00
4002 Dedicated Nursing Services for
students with disabilities
$55.00 per Hour

18,590 hours (Up to
25 Nurses 7.5
hours/day 5
weekdays)
$1,022,450.00
4003 Dedicated Expert Nursing
Services for students with
disabilities.
$60.00 per Hour 5,720 Hours (Up to 6
Nurses 7.5 hours/day
5 weekdays)
$343,200.00
Grand Total
for B.3.5
Not To Exceed $6,146,650.00
NOTE (1): Item No 001 -- The hours is an estimate. It may fluctuate, increase, and/or decrease per DCPS needs.
NOTE (2) The fixed hourly rates shall be fully loaded and include wages, benefits, overhead, general, and
administrative expenses and profit.

B.4 Basis and Award of Bid

The Contractor submitted its bids on an “all or none” basis. This Contract is awarded as a result of
the solicitation which binds the Institutions during the term of the contract to secure all its needs
from the successful contractor. And this Contract shall bind the contractor to perform all such work
ordered by the Institution at prices specified in the contract.

GAGA-2024-C-0466 – Dedicated Aides, Nursing, and Expert Nursing

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B.5 Requirement Contracts

The District will purchase its requirements of the articles or services included herein from the Contractor.
The estimated quantities stated herein reflect the best estimates available. The estimate shall not be construed
as a representation that the estimated quantity will be required or ordered, or that conditions affecting
requirements will be stable. The estimated quantities shall not be construed to limit the quantities which may
be ordered from the Contractor by the District or to relieve the Contractor of its obligation to fill all such
orders.

a) Delivery or performance shall be made only as authorized in accordance with the Ordering Clause,
G.10. The District may issue orders requiring delivery to multiple destinations or performance at
multiple locations. If the District urgently requires delivery before the earliest date that delivery may
be specified under this contract, and if the Contractor shall not accept an order providing for the
accelerated delivery, the District may acquire the urgently required goods or services from another
source.

b) There is no limit on the number of orders that may be issued. The District may issue orders requiring
delivery to multiple destinations or performance at multiple locations.

c) DCPS shall not be required to purchase from the contractor requirements in excess of the limit on
total orders under his contract, if any.

d) DCPS may issue orders that provide for delivery to or performance at multiple destinations. DCPS
may, with reasonable notice but with no less than 30 day written notice to Contractor, add Institutions
not included in the agreement at the time of award and those Institutions shall be fully incorporated
into this agreement for the remaining term and any Option Years remaining.

e) The DCPS shall not be obligated to place any minimum dollar amount of orders under this contract or
any minimum number of orders. The utilization of the contractor for services specified in the
Schedule will be dependent upon the needs and requirements of the Institution.

f) Any order issued during the effective period of this contract and not completed within that period
shall be completed by the Contractor within the time specified in the order. The contract shall govern
the Contractor's and District's rights and obligations with respect to that order to the same extent as if
the order were completed during the contract's effective period, provided that the Contractor shall not
be required to make any deliveries under this contract after September 30, 2028.

THIS SPACE INTENTIONALLY LEFT BLANK.

GAGA-2024-C-0466 – Dedicated Aides, Nursing, and Expert Nursing

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SECTION C: STATEMENT OF WORK/SPECIFICATIONS

C.1 SCOPE:

C.1.1 The District of Columbia Public Schools (DCPS) Office of Contract and Acquisition (OCA), on behalf of the
Division of Specialized Instruction (DSI) in the Office of Teaching & Learning (OTL) is seeking a service
provider to staff paraprofessional and nurses dedicated to specific students who have disabilities (“Dedicated
Aides and Nurses”) during the school day. Nurses will also support DCPS Medical Education Support
Programs. Dedicated Aides must meet the prerequisite credentials for highly qualified paraprofessionals
outlined in the No Child Left Behind Act of 2002 who have the capacity to provide support for students who
qualify for dedicated one on one paraprofessional support as determined by the Individualized Education Plan
(IEP) team in an urban setting. Dedicated and program nurses must meet all requirements set forth by DC
Health and at a minimum have an LPN credential.

C.1.2 The Contractor shall provide staff paraprofessional and nurses dedicated to specific students who have
disabilities (“Dedicated Aides and Nurses”).

C.1.3 Ensure all mandatory health and safety requirements are met in coordination with the District Guidance.

C.2 APPLICABLE DOCUMENTS

The following documents are applicable to this procurement and are hereby incorporated by this reference:

Item No. Title Date
01 Dedicated Aide Guide 2024-2025 (PDF) 2024-2025
02 Impact Guide and Link 17. Educational Aides.pdf 2024
03 DCPS SY 2024-25 School Calendar and link SY 2024-25 DCPS
School Calendar
2024-2025
04 Family Guide Link https://dcpsspecialed.wixsite.com/home 2024-2025
05 Americans with Disabilities Act https://www.ada.gov/ 2024
06 DC Health Licensure Verification
https://dohenterprise.my.site.com/ver/s/
2024

C.3 DEFINITIONS

N/A

C.4 BACKGROUND

C.4.1 The District of Columbia Public Schools (DCPS) has students with disabilities that require the services and
support of a dedicated one on one aide or nurse pursuant to their Individual Education Plan (IEP). A process
has been developed and implemented throughout the District to ensure these services and supports are only
provided to students who require them to access the curriculum and make meaningful progress toward
identified goals and objectives.

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8

C.4.2 The School district does employ dedicated aides; however, there is generally a shortfall between the number
of dedicated aides employed by the school district and the number of dedicated aides required by students
pursuant to their IEPs. The shortfall must therefore be corrected and supported by contractual employees.
School Health Services are provided through a Memorandum of Agreement between DCPS and the District
of Columbia Health Department, but some students with disabilities require such extensive medical services
and supports while in the educational environment that DCPS has elected to contract for those services.

C.4.3 The provisions of the No Child Left Behind Act 2022, outline the requisite credentials of paraprofessionals
serving in Title I schools. Since most public schools in the District are Title I Schools, contracted dedicated
aides must meet the requisite credentials for Highly Qualified Paraprofessional outlined in the Act.
Specifically, all contracted instructional and behavioral aides must demonstrate credits commensurate with at
least two years participation in an institution of higher learning, an associate degree, or successful completion
of a formal paraprofessional examination.

C.4.4 The provision of the Individuals with Disabilities Education Act of 2004 (IDEA). Describe school health
services as a related service to students with disabilities who would be unable to attend a day of school
without supportive health care provided by a qualified school nurse or a specifically trained non-medical
person who is supervised by a qualified nurse. All contracted medical paraprofessionals must demonstrate
credential commensurate with these provisions of the IDEA.

C.4.5 As a result of the D.C. Law 3-77, District of Columbia Workers’ Compensation Act of 1979 (as amended),
and the District’s Mayor authorized the D.C. Department of Employment Services’ Office of Workers’
Compensation to administer the workers’ compensation program since 1982. As time has passed, OWC has
outgrown the old CORE document repository system, which was built in 2004. Moreover, Washington,
D.C.’s growth of employers and employees has increased in large numbers, which also affects the need to
protect more workers who sustain work-related injuries and occupational diseases. OWC also has other units
such as compliance, insurance, and a special fund that works in tandem with the claims processing unit.
Thus, OWC needs a system that is expandable and can handle its continuous growing requirements.

C.5 REQUIREMENTS

C.5.1 Contractor Responsibilities – The Contractor Shall:

C.5.1.1 Staff appropriately certified and licensed nurses and paraprofessionals to provide the following support in
person and/or virtually:

a. Paraprofessionals provide physical prompting, assistance with daily living skills, assistance
with orientation and mobility, applied behavior analysis (ABA), and reinforcement of skills
and concepts introduced by a teacher.

b. Paraprofessionals will also provide crisis prevention intervention; Antecedent-Behavior-Consequence
(ABC) data on each incident of maladaptive behavior, passive physical restraint only when the
student demonstrates serious, imminent danger to self, and/or others or in instances of major property
destruction. Such intervention must be documented on a serious incident report and submit that report
to the school administrator, data collection for functional behavioral analysis (FBA) and/or
implementation of a behavior intervention plan (BIP), and data collection on the results of positive
behavioral supports. Paraprofessionals will help ensure that their assigned students do not engage in
dangerous elopement, major property destruction, and/or serious imminent danger to self-and/or
others.

c. Dedicated and expert nurses to provide G- tube feeding, tracheotomy suctioning, treatments with a
nebulizer or ventilator, chest physical therapy, urinary catheterization, diabetes blood sugar
monitoring and insulin injections and management of other medical conditions as deemed appropriate
GAGA-2024-C-0466 – Dedicated Aides, Nursing, and Expert Nursing

9

by the IEP team. Nurses must meet the requisites for providers of school health services as a related
service, outlined in the IDEA. Nurses will document all medical care each day in relation to student
nursing and/or feeding plans.

d. Have at least 135 qualified aides and 25 qualified nurses prepared to support students on the first day
of the contract.

C.5.1.2. Provide DCPS with current copies of the college transcript, associate degree, and/or formal assessment scores
of all paraprofessionals assigned to students with disabilities in any school for which DCPS is the local
educational Agency (LEA).

Ensure that all paraprofessionals and nurses complete DCPS background check (fingerprinting, drug testing,
Sex Offenders Registry) and submit tuberculosis (TB) test results. Contractors must successfully pass the
background check and provide negative TB test results at no cost to the vendor. All shall be completed on
first day of the contract.

C.5.1.3. Provide DCPS with current copies of each paraprofessional's certification in crisis prevention intervention
and passive physical restraint (Safety Care)

C.5.1.4. Ensure that all paraprofessionals and nurses providing services under this contract are provided with the
necessary training in relation to DCPS needs and per the student’s IEP.

C.5.1.5. Provide no less than 4 supervisors to interface with DCPS to address any issues or concerns regarding
paraprofessionals and nurses, including an on-staff registered nurse to supervise and support medical
personnel.

C.5.1.6. Provide substitute paraprofessionals and nurses when the DCPS Division of Specialized Instruction ("DSI")
main staff is absent within two hours' notice. They will also:

a. Notify contract administrator of staff absence and time frame for substitute support to report.
b Notify the school representative of staff absence and estimated time of arrival for substitute staff.

C.5.1.7. Provide a registered nurse (RN) to supervise nurses, review nursing plans, feeding plans where applicable and
IEPs in relation to the medical needs of students requiring a dedicated nurse. RN’s will also supervise and
review nursing logs/documentation.

C.5.1.8. Provide services according to the need of paraprofessional and nurse support as outlined in this solicitation
for the DCPS schools. Services will include implementation of strategies and interventions, implementation
of student IEPs and Behavior Intervention Plans (BIP) as well as the implementation of fade plans, which
provide guidance to the IEP team on the removal of support during specific parts of the student’s school day
in accordance with the IEP. Nurses will provide services as stated in the student’s nursing and/or doctor’s
orders.

C.5.1.9. The contractor shall participate in pertinent meetings and participate in professional development with DCPS
staff as required to meet the needs of the students and DSI.

C.5.1.10. Inform DCPS contract administrator in collaboration with the school team if the assigned student has
withdrawn from DCPS or the service has been removed from the IEP.

C.5.1.11. Maintain an individual personnel file for each staff person providing services under this contract that
contains an application for employment, professional references, and verification of applicable
credential/certification.

C.5.1.12. Make all personnel materials available to the contract administrator upon request.
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C.5.1.13. Immediately communicate with DCPS if the paraprofessional abruptly leaves/resigns and presents a
replacement for that staff. In case the contractor is unable to present such replacement, the contractor shall
make a good faith effort to provide a replacement within one calendar day and communicate with DCPS
about its efforts.

C.5.1.14. Provide consistent services with the procedures and standards established by the District of Columbia
special education state regulations, Medicaid, and all other statutory requirements.

C.5.1.15. Remove low performing paraprofessionals and nurses immediately and replace them with appropriate
personnel.

C.5.1.16. Ensure all paraprofessionals attend DCPS required training.

C.5.1.17. Implement professional development (PD) for paraprofessionals based on:

a The development level and disability category of the student supported; and
b Specific upon content skill areas necessary to support the assigned student.

C.5.1.18. Provide documentation with invoices that:

a Corroborate the date(s) and times(s) of service provided by paraprofessionals and nurses and
management team.
b Verify arrival and departure times through signed timesheets by school administrator or designee
pursuant to schedules provided);
c Confirm the names of the students supported, and
d DCPS may disallow invoices that do not satisfy the above requirements; these invoices will not be
paid until the issues in question are satisfactorily rectified.

C.5.1.19. Furnish upon request to DCPS, the Medicaid agency, the Federal Government or their designees,
information related to business transactions in accordance with 42 CFR 455.105(b).

C.5.1.20. Ensure compliance with US Code Title 18 Section 1001, which prohibits lying to or concealing information
from a federal official by oral affirmation, written statement, or mere denial. The purpose of the statute is to
“punish those who render positive false statements designed to pervert or undermine functions of
governmental departments and agencies”.

C.5.1.21. In response to a pandemic situation and in accordance with the Centers for Disease Control and Prevention
(CDC), the contractor will provide their aides and nurses with protective gear including masks and gloves.

C.5.1.22. Prior to the support of a student and after review of the student’s nursing/doctor’s order, the nurse(s),
accompanied by the contracted Registered Nurse (RN) and/or the Nursing Supervisor will meet with the
student, parent and/or guardian at the local school or Central Office in advance of the student’s start in a
DCPS location to gain an understanding of the student’s medical needs and responds to questions about
medical support from families.

C.5.1.23. Should DCPS operate in a virtual learning environment, Dedicated IEP Paraprofessionals will support
student(s) through DCPS approved online platforms and telephone conferences with school staff. Aide
support includes but is not limited to:

a Support classroom teacher with preparing student assignments, content, and activities.
b Maintain regular communication with teachers.
c Assist with collecting materials that will be sent to their student.
d. Communicate and check in with students as determined by classroom teacher and school leadership.
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e. Under the direction of the teacher or related service provider, support family and student in accessing
and participating in remote learning and therapy experiences, including supporting families in
implementing behavior supports and structures, as needed.

C.5.1.24 Select Paraprofessional services shall be provided in small groups or classroom settings to support a
specific special education student or group of students either in person or remotely.

C.5.2 The paraprofessionals and nurses, whether in person and/or virtually shall:

C.5.2.1 Follow all DCPS guidelines and procedures related to student discipline. Failure to complying may result in
disciplinary action for the paraprofessional.

C.5.2.2 Paraprofessionals shall work no more than 7.5 hours per day and nurses no more than 8 hours per day with
their assigned students or classroom according to a schedule authorized by the school principal or a request
has been made by DCPS and approval received by the DCPS contract administrator to exceed the hours.
Paraprofessionals and nurses are to eat lunch with their student (s),

C.5.2.3 Not work on Holidays and school closures, including when schools closed due to inclement weather.

C.5.2.4 Remain in the school building no more than two hours prior to leaving if the assigned student is absent.

C.5.2.5 Under the direction of a DCPS certified special education teacher, provide moderate to intense support to
students who are in the special education setting and are diagnosed with a qualifying physical/mental
disability or impairment that impacts the child’s academic performance under IDEA. Paraprofessionals will
be specifically assigned and assist in the attainment of each child’s IEP goals, BIP and/or nursing plan.

C.5.2.6 Participate in planning sessions, staff professional development, parent-teacher conferences, and IEP
meetings, when requested by the building principal and when approved by the contract administrator,
provided that substitute coverage is provided to the assigned student.

C.5.2.7 Build and maintain positive, professional relationships with all educational stakeholders to include students,
school staff, central office staff, families, and community partners.

C.5.2.8 Maintain required data and anecdotal notes relevant to assigned students, using the data collection instruments
provided by DCPS.

C.5.2.9 Transfer along with their assigned students to other DCPS locations, unless otherwise directed by DCPS.

C.5.2.10. Have access to their assigned students' IEPs, BIPs, and/or nursing plans, and demonstrate thorough
familiarity with the aforementioned documents. Paraprofessionals will be trained by DCPS school team on
these documents before starting service with an assigned student. Paraprofessionals will not remove these
documents from the school building when school is not in session or when their assigned students are absent.
Paraprofessionals will maintain strict confidentiality related to the contents of these documents in accordance
with DCPS disclosure statements.

C.5.2.11. Provide ancillary benefits to other students who are working in a small group with their assigned students.

C.5.2.12. Be under the guidance of DCPS classroom teacher, related service provider as
authorized by DCPS, and/or school principal or designee while providing services to their assigned students.

C.5.2.13. Assist their assigned students, to the extent required by their IEPs, BIPs, and/or Nursing Plans, with the
performance of daily living skills including eating, dressing, toileting, and maintaining personal hygiene.

C.5.2.14. Assist their assigned students with safe transitions from one activity to another and one setting to another.
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C.5.2.15. Assist their assigned students in the effective and efficient use of technology.

C.5.2.16. Not engage in playground duty, cafeteria duty, bus duty, or office duty.

C.5.2.17. Not give out their personal telephone number to parents or communicate with parents directly. The teacher,
related service provider, special education coordinator, case manager, and/or school administrator will be
identified by the paraprofessionals as the primary point of contact with whom to discuss parental concerns.
Communication with parents is restricted and should only be with a DCPS administrator and supervisor.

C.5.2.18. Upon invitation participate in DCPS professional development sessions.

C.5.2.19. Be evaluated in accordance with DCPS evaluation procedures. Any paraprofessional evaluated in the
minimally effective or ineffective range will be relieved of his/her duties with DCPS.

C.5.2.20. The paraprofessional shall accompany their assigned student on school- based field trips. If the student is
attending an overnight trip or field trip outside of the Washington, DC metropolitan area, the local school will
provide the student with support.

C.5.2.21. The nurse shall accompany their assigned student on school- based field trips in accordance with their
current nursing plan and/or doctor’s order. If the student is attending an overnight trip or field trip outside of
the Washington, DC metropolitan area, the local school will provide the student with support.

C.5.2.22. Follow DCPS’ and local schools’ policies and procedures (including attendance, on time arrival, respect
dress code, participating in collaborative block (if appropriate), etc.)

C.5.2.23. Sign in and out on a specific attendance book at schools.

C.5.2.24. Be subject to unannounced observations by DSI/Program Manager.

C.5.2.25. Disengage from use of cellphones or texting during school hours.

C.5.2.26. Paraprofessional instructional whole classroom support for students in specific programs or inclusion
settings.

C.5.2.27. The paraprofessionals or nurses shall not accompany students being transported via ambulance for
emergency events, DCPS staff will be responsible for accompanying students in emergency events.

C.5.2.28. Paraprofessionals and nurses will not attend IEP or any meeting about a student without notification and
representation by supervisors.

C.5.2.29. Paraprofessionals and nurses will have two 15-minute daily breaks. Contracted staff will eat with their
student to provide support. If support is not needed, their lunch break will be no more than 30 minutes. Student
coverage during breaks will be the responsibility of DCPS.

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.1)

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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 clause
number six (6), Inspection of Services of the Government of the District of Columbia's Standard Contract
Provisions for use with Supplies and Services Contracts, dated July 2010. (Attachment J.1)

SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT

The term of the contract shall be for a period of October 1, 2024, through September 30, 2025 as a base year
and four option year periods to be exercised solely at the DCPS discretion.

The Option Year periods are as follows:

Years Period of Performance (POP)
Base Year October 1, 2024, to September 30, 2025
Option Year One October 1, 2025, to September 30, 2026
Option Year Two October 1, 2026, to September 30, 2027
Option Year Three October 1, 2027, to September 30, 2028
Option Year Four October 1, 2028, to September 30, 2029

F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT

F.2.1 The District may extend the term of this contract for a period of four one-year option periods, or successive
fractions thereof, by providing written notice to the Contractor before the expiration of the contract; provided
that the District will give the Contractor preliminary written notice of its intent to extend at least 30 days
before the contract expires. The preliminary notice does not commit the District to an extension. The exercise
of this option is subject to the availability of funds at the time of the exercise of this option. The Contractor
may waive the thirty (30) day preliminary notice requirement by providing a written waiver to the Contracting
Officer prior to expiration of the contract.

F.2.2 If the District exercises this option, the extended contract shall be considered to include this option provision.

F.2.3 The price for the option period shall be as specified in Section B of the contract.

F.2.4 The total duration of this contract, including the exercise of any options under this clause, shall not exceed
five years.

F.3 DELIVERABLES

The Contractor shall perform the activities required to successfully complete the District’s requirements and
submit each deliverable to the Contract Administrator identified in section G.9 in accordance with the
following:

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Item Deliverable Due Date/ Frequency Format/ Method of
Delivery
1. Proof of passing score on Para
Praxis of 48 College credit hours
for paraprofessionals
employed by the Contractor
Within 60 days of
contract award
Hard copy and electronic
copy via email to CA
2. Paraprofessionals Evaluation
Reports
Quarterly Electronic via email to CA
3. Formal response to request related
to student needs
As needed Electronic via email to CA
withing 24 hours of the
request
4. Incident report demonstrating
that staff-related requests have
been investigated addressed,
and resolved
As needed Electronic via email to CA
withing 24 hours of the
request
5. Data sheets and all student
documentation collected through
the course of provision of support
As needed Electronic via email to CA
6. Documentation of balance of male
and female candidates
As needed Electronic via email to CA
7. Participate in conference calls
and in-person meeting
As needed In-person and via
conference call

F.3.1 The Contractor shall submit to the DCPS, as a deliverable, the report described in section H.5.5 that 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, final payment to the Contractor shall
not be paid pursuant to Section G.3.2.

SECTION G: CONTRACT ADMINISTRATION

G.1 INVOICE PAYMENT

G.1.1 The DCPS will make payments to the Contractor, upon the submission of proper invoices, at the
prices stipulated in this contract, for supplies delivered and accepted or services performed and
accepted, less any discounts, allowances or adjustments provided for in this contract.

G.1.2 The DCPS will pay the Contractor on or before the 30 th day after receiving a proper invoice from the
Contractor.

G.2 INVOICE SUBMITTAL

G.2.1 The Contractor shall create and submit payment requests in an electronic format through the DC Vendor
Portal, https://vendorportal.dc.gov.

G.2.2 The Contractor shall submit proper invoices monthly or as otherwise specified in Section G.4.
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G.2.3 To constitute a proper invoice, the Contractor shall enter all required information into the Portal after
selecting the applicable purchase order number which is listed on the Contractor’s profile.

G.2.3.1 Contractor’s name, federal tax ID and invoice date (Contractors shall date invoices as of the date of mailing or
transmittal).

G.2.3.2Contract number and invoice number.

G.2.3.3 Description, price, quantity and the date(s) that the supplies or services were delivered or performed.

G.2.3.4 Other supporting documentation or information, as required by the Contracting Officer.

G.2.3.5 Name, title, telephone number and complete mailing address of the responsible official to whom payment is
to be sent.

G.2.3.6 Name, title, phone number of person preparing the invoice.

G.2.3.7 Name, title, phone number and mailing address of person (if different from the person identified in G.2.2.6
above) to be notified in the event of a defective invoice; and

G.2.3.8 Authorized signature.

G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT

G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and First Source Employment
Agreement requirements, final request for payment must be accompanied by the report or a waiver of
compliance discussed in section H.5.5.

G.3.2 The District will not make final payment to the Contractor until the agency CFO has received the CO’s final
determination or approval of waiver of the Contractor’s compliance with 51% District Residents New Hires
Requirements and First Source Employment Agreement requirements.

G.4 PAYMENT

G.4.1 PAYMENTS ON PARTIAL DELIVERIES OF GOODS

Unless otherwise specified in this contract, payment will be made on partial deliveries of goods accepted by
the District if:

a. The amount due on the deliveries warrants it; or

b. The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total
contract price.

G.4.2 PAYMENTS ON PARTIAL DELIVERIES OF SERVICES

Unless otherwise specified in this contract, payment will be made on partial deliveries of services accepted by
the District if:

a. The amount due on the deliveries warrants it; or
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b. The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the
total contract price.

G.4.3 PARTIAL PAYMENTS

Unless otherwise specified in this contract, payment will be made on partial deliveries of goods and services
accepted by the District if:

a. The amount due on the deliveries warrants it; or

b. The Contractor requests it and the amount due on the deliveries is in accordance with the following:

c. Payment will be made on completion and acceptance of each item for which the price is stated in the
Schedule in Section B.

d. Presentation of a properly executed invoice.

G.4.4 - PAYMENT -- NOT TO EXCEED THE CEILING PRICE --

G.4.4.1 It is estimated that the total cost to the DCPS for the performance of this contract shall not exceed
the ceiling price set forth in the Schedule, and the Contractor agrees to use its best efforts to perform
the work specified in the Schedule and all obligations under this contract within such ceiling price. If
at any time the Contractor has reason to believe that the hourly rate payments and material costs that
will accrue in performing this contract in the next succeeding 30 days, if added to all other payments
and costs previously accrued, will exceed 85 percent (85%) of the ceiling/Not to Exceed price in
the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the
total price to the DCPS for performing this contract with supporting reasons and documentation.

G.4.4.2 If at any time during performing this contract, the Contractor has reason to believe that the total price
to the DCPS for performing this contract will be substantially greater or less than the then stated
Ceiling Price/Not to Exceed price, the Contractor shall so notify the Contracting Officer, giving a
revised estimate of the total price for performing this contract, with supporting reasons and
documentation. If at any time during performing this contract, the DCPS has reason to believe that
the work to be required in performing this contract will be substantially greater or less than the stated
ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate
of the total amount of effort to be required under the contract.

G.5 ASSIGNMENT OF CONTRACT PAYMENTS

G.5.1 In accordance with 27 DCMR 3250, the Contractor may assign to a bank, trust company, or other financing
institution funds due or to become due because of the performance of this contract.

G.5.2 Any assignment shall cover all unpaid amounts payable under this contract and shall not be made to more
than one party.

G.5.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is required to prepare
invoices. Where such an assignment has been made, the original copy of the invoice must refer to the
assignment and must show that payment of the invoice is to be made directly to the assignee as follows:
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“Pursuant to the instrument of assignment dated ___________, make payment of this invoice to (name and address of
assignee).”

G.6 THE QUICK PAYMENT ACT

G.6.1 Interest Penalties to Contractors

G.6.1.1 The District will pay interest penalties on amounts due to the Contractor under the Quick Payment
Act, D.C. Official Code § 2-221.01 et seq., as amended, for the period beginning on the day after the
required payment date and ending on the date on which payment of the amount is made. Interest shall
be calculated at the rate of at least 1.5% per month. No interest penalty shall be paid if payment for
the completed delivery of the item of property or service is made on or before the required payment
date. The required payment date shall be:

G.6.1.1.1 The date on which payment is due under the terms of the contract.

G.6.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of delivery of
meat or meat food products.

G.6.1.1.3 Not later than 10 calendar days, excluding legal holidays, after the date of delivery of
a perishable agricultural commodity; or

G.6.1.1.4 30 calendar days, excluding legal holidays, after receipt of a proper invoice for the
amount of the payment due.

G.6.1.2 No interest penalty shall be due to the Contractor if payment for the completed delivery of goods or
services is made on or after:

G.6.1.2.1 3rd day after the required payment date for meat or a meat food product;

G.6.1.2.2 5th day after the required payment date for an agricultural commodity; or

G.6.1.2.3 15th day after any other required payment date.

G.6.1.3 Any amount of an interest penalty which remains unpaid at the end of any 30-day period shall be
added to the principal amount of the debt and thereafter interest penalties shall accrue on the added
amount.

G.6.2 Payments to Subcontractors -- If Applicable

G.6.2.1 The Contractor must take one of the following actions within seven (7) days of receipt of any amount paid to
the Contractor by the DCPS for work performed by any subcontractor under the contract:

G.6.2.1.1 Pay the subcontractor(s) for the proportionate share of the total payment received from the
District that is attributable to the subcontractor(s) for work performed under the contract; or

G.6.2.1.2 Notify the CO and the subcontractor(s), in writing, of the Contractor’s intention to withhold
all or part of the subcontractor’s payment and state the reason for the nonpayment.

G.6.2.2 The Contractor 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
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made. Interest shall be calculated at the rate of at least 1.5% per month. No interest penalty shall be paid on
the following if payment for the completed delivery of the item of property or service is made on or before
the:

G.6.2.2.1 3rd day after the required payment date for meat or a meat product;

G.6.2.2.2 5th day after the required payment date for an agricultural commodity; or

G.6.2.2.3 15th day after any other required payment date.

G.6.2.3 Any amount of an interest penalty which remains unpaid by the Contractor at the end of any 30-day period
shall be added to the principal amount of the debt to the subcontractor and thereafter interest penalties shall
accrue on the added amount.

G.6.2.4 A dispute between the Contractor and subcontractor relating to the amounts or entitlement of a subcontractor
to a payment or a late payment interest penalty under the Quick Payment Act does not constitute a dispute to
which the District is a party. The District may not be interpleaded in any judicial or administrative proceeding
involving such a dispute.

G.6.3 Subcontract requirements. The Contractor shall include in each subcontract under this contract a provision
requiring the subcontractor to include in its contract with any lower-tier subcontractor or supplier the payment
and interest clauses required under paragraphs (1) and (2) of D.C. Official Code § 2-221.02(d).

G.7 CONTRACTING OFFICER (CO)

Contracts will be entered into and signed on behalf of the District only by contracting officers. The contact
information for the Contracting Officer is:

LaVeta Hilton
Contracting Officer
Office of Fiscal Strategy
Contract and Acquisitions Division
District of Columbia Public Schools
1200 First Street NE, 9th Floor
Washington, DC 20002
Telephone: 202-442-5112
laveta.hilton@k12.dc.gov.

G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

G.8.1 The CO is the only person authorized to approve changes in any of the requirements of this contract.

G.8.2 The Contractor shall not comply with any order, directive or request that changes or modifies the
requirements of this contract, unless issued in writing and signed by the CO.

G.8.3 In the event the Contractor effects any change at the instruction or request of any person other than the CO,
the change will be considered to have been made without authority and no adjustment will be made in the
contract price to cover any cost increase incurred as a result thereof.

G.9 CONTRACT ADMINSTRATOR (CA)

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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
costs are consistent with the negotiated amounts and progress is satisfactory and commensurate with
the rate of expenditure.
G.9.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and services. This
includes the timely processing of invoices and vouchers in accordance with the District’s payment
provisions; and
G.9.1.5 Maintaining a file that includes all contract correspondence, modifications, records of inspections
(site, data, equipment) and invoice or vouchers.

G.9.2 The address and telephone number of the CA is:

Natalia Houston
Manager, Paraprofessional Support and
Medical Education Support (MES)
Division of Specialized Instruction
District of Columbia Public Schools
1200 First Street NE, 9th Floor
Washington, DC 20002
Telephone: (202) 442.5007
natalia.houston@k12.dc.gov.

G.9.3 The CA shall NOT have the authority to:

1. Award, agree to, or sign any contract, delivery order or task order. Only the CO shall make
contractual agreements, commitments, or modifications.
2. Grant deviations from or waive any of the terms and conditions of the contract.
3. Increase the dollar limit of the contract or authorize work beyond the dollar limit of the
contract.
4. Authorize the expenditure of funds by the Contractor.
5. Change the period of performance; or
6. Authorize the use of District property, except as specified under the contract.

G.9.4 The Contractor shall be fully responsible for any changes not authorized in advance in writing by the
CO; may be denied compensation or other relief for any additional work performed that is not so
authorized; and may also be required, at no additional cost to the District, to take all corrective
action necessitated by reason of the unauthorized changes.

G.10 ORDERING CLAUSE - IF APPLICABLE

G.10.1 Any supplies and services to be furnished under this contract must be ordered by issuance of delivery orders
or task orders by the CO. Such orders may be issued during the term of this contract.
G.10.2 All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of a
conflict between a delivery order or task order and this contract, the contract shall control.
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G.10.3 If mailed, a delivery order or task order is considered "issued" when the District deposits the order in the mail.
Orders may be issued by facsimile or by electronic commerce methods.

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. 30 dated July 22,
2024, issued by the U.S. Department of Labor in accordance with the Service Contract Act, 41 U.S.C. § 351
et seq., and incorporated herein as Section J.2. The Contractor shall be bound by the wage rates for the term
of the contract subject to revision as stated herein and in accordance with clause 24 of the SCP. If an option is
exercised, the Contractor shall be bound by the applicable wage rates at the time of the exercise of the option.
If the option is exercised and the CO obtains a revised wage determination, the revised wage determination is
applicable for the option periods and the Contractor may be entitled to an equitable adjustment.

H.3 PREGNANT WORKERS FAIRNESS

H.3.1 The Contractor shall comply with the Protecting Pregnant Workers Fairness Act of 2016, D.C. Official Code §
32-1231.01 et seq. (PPWF Act).

H.3.2 The Contractor shall not:

(a) Refuse to make reasonable accommodations to the known limitations related to pregnancy, childbirth, related
medical conditions, or breastfeeding for an employee, unless the Contractor can demonstrate that the
accommodation would impose an undue hardship.

(b) Take an adverse action against an employee who requests or uses a reasonable accommodation in regard to the
employee's conditions or privileges of employment, including failing to reinstate the employee when the need
for reasonable accommodations ceases to the employee's original job or to an equivalent position with
equivalent:

(1) Pay.

(2) Accumulated seniority and retirement.

(3) Benefits; and

(4) Other applicable service credits
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(c) Deny employment opportunities to an employee, or a job applicant, if the denial is based on the need
of the employer to make reasonable accommodations to the known limitations related to pregnancy,
childbirth, related medical conditions, or breastfeeding.

(d) Require an employee affected by pregnancy, childbirth, related medical conditions, or breastfeeding
to accept an accommodation that the employee chooses not to accept if the employee does not have a
known limitation related to pregnancy, childbirth, related medical conditions, or breastfeeding or the
accommodation is not necessary for the employee to perform her duties.

(e) Require an employee to take leave if a reasonable accommodation can be provided; or

(f) Take adverse action against an employee who has been absent from work as a result of a pregnancy-
related condition, including a pre-birth complication.

H.3.3 The Contractor shall post and maintain in a conspicuous place a notice of rights in both English and Spanish
and provide written notice of an employee's right to a needed reasonable accommodation related to
pregnancy, childbirth, related medical conditions, or breastfeeding pursuant to the PPWF Act to:

(a) New employees at the commencement of employment;

(b) Existing employees; and

(c) An employee who notifies the employer of her pregnancy, or other condition covered by the PPWF Act,
within 10 days of the notification.

H.3.4 The Contractor shall provide an accurate written translation of the notice of rights to any non-English or non-
Spanish speaking employee.

H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.

H.4 UNEMPLOYED ANTI-DISCRIMINATION

H.4.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C. Official Code § 32-
1361 et seq.

H.4.2 The Contractor shall not:

(a) Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an employee because of
the individual's status as unemployed; or

(b) Publish, in print, on the Internet, or in any other medium, an advertisement or announcement for any vacancy
in a job for employment that includes:

(1) Any provision stating or indicating that an individual's status as unemployed disqualifies the individual
for the job; or

(2) Any provision stating or indicating that an employment agency will not consider or hire an individual for
employment based on that individual's status as unemployed.

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H.4.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties as described in the
Act.

H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT

H.5.1 For contracts for services in the amount of $300,000 or more, the Contractor shall comply with the First
Source Employment Agreement Act of 1984, as amended, D.C. Official Code § 2-219.01 et seq. (First Source
Act).

H.5.2 The Contractor shall enter into and maintain during the term of the contract, a First Source Employment
Agreement (Employment Agreement) with the District of Columbia Department of Employment Service’s
(DOES), in which the Contractor shall agree that:

(a) The first source for finding employees to fill all jobs created in order to perform the contract shall be
the First Source Register; and
(b) The first source for finding employees to fill any vacancy occurring in all jobs covered by the
Employment Agreement shall be the First Source Register.
H.5.3 The Contractor shall not begin performance of the contract until its Employment Agreement has been
accepted by DOES. Once approved, the Employment Agreement shall not be amended except with the
approval of DOES.
H.5.4 The Contractor agrees that at least 51% of the new employees hired to perform the contract shall be District
residents.
H.5.5 The Contractor’s hiring and reporting requirements under the First Source Act and any rules promulgated
thereunder shall continue for the term of the contract.
H.5.6 The CO may impose penalties, including monetary fines of 5% of the total amount of the direct and indirect
labor costs of the contract, for a willful breach of the Employment Agreement, failure to submit the required
hiring compliance reports, or deliberate submission of falsified data.

H.5.7 If the Contractor does not receive a good faith waiver, the CO may also impose an additional penalty equal to
1/8 of 1% of the total amount of the direct and indirect labor costs of the contract for each percentage by
which the Contractor fails to meet its hiring requirements.

H.5.8 Any contractor which violates, more than once within a 10-year timeframe, the hiring or reporting
requirements of the First Source Act shall be referred for debarment for not more than five (5) years.

H.5.9 The contractor may appeal any decision of the CO pursuant to this clause to the D.C. Contract Appeals Board
as provided in clause 14 of the SCP, Disputes.

H.5.10 The provisions of the First Source Act do not apply to nonprofit organizations which employ 50 employees or
less.

H.6 RESERVED

H.7 RESERVED

H.8 RESERVED

H.9 SUBCONTRACTING REQUIREMENTS – IF APPLICABLE

H.9.1 Mandatory Subcontracting Requirements

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H.9.1.1 For all contracts in excess of $250,000, at least 35% of the dollar volume of the contract shall be
subcontracted to qualified small business enterprises (SBEs).

H.9.1.2 If there are insufficient SBEs to completely fulfill the requirement of paragraph H.9.1.1, then the
subcontracting may be satisfied by subcontracting 35% of the dollar volume to any qualified certified
business enterprises (CBEs); provided, however, that all reasonable efforts shall be made to ensure that SBEs
are significant participants in the overall subcontracting work.

H.9.1.3 A prime contractor that is certified by DSLBD as a small, local or disadvantaged business enterprise shall not
be required to comply with the provisions of sections H.9.1.1 and H.9.1.2.

H.9.1.4 Except as provided in H.9.1.5 and H.9.1.7, a prime contractor that is a CBE and has been granted a proposal
preference pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside program, shall
perform at least 35% of the contracting effort with its own organization and resources and, if it subcontracts,
35% of the subcontracting effort shall be with CBEs. A CBE prime contractor that performs less than 35% of
the contracting effort shall be subject to enforcement actions under D.C. Official Code § 2-218.63.

H.9.1.5 If the prime contractor is a certified joint venture and has been granted a bid preference pursuant to D.C.
Official Code § 2-218.43, or is selected through a set-aside program, the CBE member of the certified joint
venture shall perform at least 50% of the contracting effort with its own organization and resources and, if it
subcontracts, 35% of the subcontracting effort shall be with CBEs. If the CBE member of the certified joint
venture prime contractor performs less than 50% of the contracting effort, the certified joint venture shall be
subject to enforcement actions under D.C. Official Code § 2-218.63.

H.9.1.6 Each CBE utilized to meet these subcontracting requirements shall perform at least 35% of its contracting
effort with its own organization and resources.

H.9.1.7 A prime contractor that is a CBE and has been granted a proposal preference pursuant to D.C. Official Code §
2-218.43, or is selected through a set-aside program, shall perform at least 50% of the on-site work with its
own organization and resources if the contract is $1 million or less.

H.9.1.8 Subcontracting Requirements – IF APPLICABLE

H.9.1.9 The Director of the Department of Small and Local Business Development (DSLBD) has approved a waiver
of the mandatory subcontracting requirements for this contract.

H.9.1.10 A prime contractor that is a CBE and has been granted a bid preference pursuant to D.C. Official Code § 2-
218.43, or is selected through a set-aside program, shall perform at least 35% of the contracting effort
with its own organization and resources and, if it subcontracts, 35% of the subcontracting effort shall
be with CBEs. A CBE prime contractor that performs less than 35% of the contracting effort shall be
subject to enforcement actions under D.C. Official Code § 2-218.63.

H.9.1.11A prime contractor that is a certified joint venture and has been granted a bid preference pursuant to D.C.
Official Code § 2-218.43, or is selected through a set-aside program, shall perform at least 50% of the
contracting effort with its own organization and resources and, if it subcontracts, 35% of the subcontracting
effort shall be with CBEs. A certified joint venture prime contractor that performs less than 50% of the
contracting effort shall be subject to enforcement actions under D.C. Official Code § 2-218.63.

H.9.1.12 Each CBE utilized to meet these subcontracting requirements shall perform at least 35% of its contracting
effort with its own organization and resources.

H.9.1.13A prime contractor that is a CBE and has been granted a bid preference pursuant to D.C. Official Code § 2-
218.43, or is selected through a set-aside program, shall perform at least 50% of the on-site work with its
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own organization and resources if the contract is $1 million or less.

H.10 FAIR CRIMINAL RECORD SCREENING

H.10.1 The Contractor shall comply with the provisions of the Fair Criminal Record Screening Amendment Act of
2014, effective December 17, 2014 (D.C. Law 20-152) (the “Act” as used in this section). This section
applies to any employment, including employment on a temporary or contractual basis, where the physical
location of the employment is in whole or substantial part within the District of Columbia.

H.10.2 Prior to making a conditional offer of employment, the Contractor shall not require an applicant for
employment, or a person who has requested consideration for employment by the Contractor, to reveal or
disclose an arrest or criminal accusation that is not then pending or did not result in a criminal conviction.

H.10.3 After making a conditional offer of employment, the Contractor may require an applicant to disclose or reveal
a criminal conviction.

H.10.4 The Contractor may only withdraw a conditional offer of employment, or take adverse action against an
applicant, for a legitimate business reason as described in the Act.

H.10.5 This section and the provisions of the Act shall not apply:

(a) Where a federal or District law or regulation requires the consideration of an applicant’s criminal history
for the purposes of employment.

(b) To a position designated by the employer as part of a federal or District government program or obligation
that is designed to encourage the employment of those with criminal histories.

(c) To any facility or employer that provides programs, services, or direct care to, children, youth, or
vulnerable adults; or

(d) To employers that employ less than 11 employees.

H.10.6 A person claiming to be aggrieved by a violation of the Act may file an administrative complaint with the
District of Columbia Office of Human Rights, and the Commission on Human Rights may impose monetary
penalties against the Contractor.

H.11 AUDITS AND RECORDS

H.11.1 As used in this clause, “records” includes books, documents, accounting procedures and practices, and other
data, regardless of type and regardless of whether such items are in written form, in the form of computer
data, or in any other form.

H.11.2 Examination of Costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price
redeterminable contract, or any combination of these, the Contractor shall maintain and the CO, or an
authorized representative of the CO, shall have the right to examine and audit all records and other evidence
sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or
indirectly in performance of this contract. This right of examination shall include inspection at all reasonable
times of the Contractor’s plants, or parts of them, engaged in performing the contract.

H.11.3 Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any
pricing action relating to this contract, the CO, or an authorized representative of the CO, in order to evaluate
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the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit
all of the Contractor’s records, including computations and projections, related to:

a) The proposal for the contract, subcontract, or modification.
b) The discussions conducted on the proposal(s), including those related to
negotiating.
c) Pricing of the contract, subcontract, or modification; or
d) Performance of the contract, subcontract, or modification.

H.11.4 Comptroller General

H.11.4.1 The Comptroller General of the United States, or an authorized representative, shall have
access to and the right to examine any of the Contractor’s directly pertinent records involving transactions
related to this contract or a subcontract hereunder.

H.11.4.2 This paragraph may not be construed to require the Contractor or subcontractor to create or
maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business
or pursuant to a provision of law.

H.11.5 Reports. If the Contractor is required to furnish cost, funding, or performance reports, the CO
or an authorized representative of the CO shall have the right to examine and audit the supporting records and
materials, for the purpose of evaluating:

a) The effectiveness of the Contractor’s policies and procedures to produce data compatible
with the objectives of these reports; and
b) The data reported.

H.11.6 Availability. The Contractor shall make available at its office at all reasonable times the records,
materials, and other evidence described in clauses H.11.1 through H.11.5, for examination, audit, or
reproduction, until three (3) years after final payment under this contract or for any shorter period specified in
the solicitation, or for any longer period required by statute or by other clauses of this contract. In addition:

a) If this contract is completely or partially terminated, the Contractor shall make available the
records relating to the work terminated until thee (3) years after any resulting final termination
settlement; and
b) The Contractor shall make available records relating to appeals under the Disputes clause or to
litigation or the settlement of claims arising under or relating to this contract until such appeals,
litigation, or claims are finally resolved.

H.11.7 The Contractor shall insert a clause containing all the terms of this clause, including this section H.11.7, in all
subcontracts under this contract that exceed the small purchase threshold of $100,000, and:

a) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-
redeterminable type or any combination of these.
b) For which cost, or pricing data are required; or
c) That requires the subcontractor to furnish reports as discussed in H.X.5 of this clause.

The following clause is to be used in all contracts for direct services to youth and children:

H.12 CRIMINAL BACKGROUND AND TRAFFIC RECORDS CHECKS FOR CONTRACTORS THAT
PROVIDE DIRECT SERVICES TO CHILDREN OR YOUTH
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H.12.1 A contractor that provides services as a covered child or youth services provider, as defined in section 202(3)
of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C.
Law 15-353; D.C. Official Code § 4-1501.01 et seq.), as amended (in this section, the “Act”), shall obtain
criminal history records to investigate persons applying for employment, in either a compensated or an
unsupervised volunteer position, as well as its current employees and unsupervised volunteers. The
Contractor shall request criminal background checks for the following positions:

“ All crew members entering District of Columbia schools must provide criminal background checks to the
program office.”

H.12.2 The Contractor shall also obtain traffic records to investigate persons applying for employment, as well as
current employees and volunteers, when that person will be required to drive a motor vehicle to transport
children while performing his or her duties. The Contractor shall request traffic records for the following
positions:
“Only the personnel who will drive exclusively for performance of this contract shall be requiring traffic
records to provide to the program office.”

H.12.3 The Contractor shall inform all applicants requiring a criminal background check that a criminal background
check must be conducted on the applicant before the applicant may be offered a compensated position or an
unsupervised volunteer position.

H.12.4 The Contractor shall inform all applicants requiring a traffic record check that a traffic records check must be
conducted on the applicant before the applicant may be offered a compensated position or a volunteer
position.

H.12.5 The Contractor shall obtain from each applicant, employee, and unsupervised volunteer:

(A) a written authorization which authorizes the District to conduct a criminal background check;

(B) a written confirmation stating that the Contractor has informed him or her that the District is
authorized to conduct a criminal background check;

(C) a signed affirmation stating whether or not they have been convicted of a crime, pleaded nolo
contendere, are on probation before judgment or placement of a case upon a stet docket, or have been
found not guilty by reason of insanity, for any sexual offenses or intra-family offenses in the District
or their equivalent in any other state or territory, or for any of the following felony offenses or their
equivalent in any other state or territory:

(i) Murder, attempted murder, manslaughter, or arson;
(ii) Assault, assault with a dangerous weapon, mayhem, malicious disfigurement, or threats to
do bodily harm;
(iii) Burglary;
(iv) Robbery;
(v) Kidnapping;
(vi) Illegal use or possession of a firearm;
(vii) Sexual offenses, including indecent exposure; promoting, procuring, compelling, soliciting,
or engaging in prostitution; corrupting minors (sexual relations with children); molesting;
voyeurism; committing sex acts in public; incest; rape; sexual assault; sexual battery; or
sexual abuse; but excluding sodomy between consenting adults;
(viii) Child abuse or cruelty to children; or
(ix) Unlawful distribution of or possession with intent to distribute a controlled substance;

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(D) a written acknowledgement stating that the Contractor has notified them that they are entitled to
receive a copy of the criminal background check and to challenge the accuracy and completeness of
the report; and

(E) a written acknowledgement stating that the Contractor has notified them that they may be denied
employment or a volunteer position or may be terminated as an employee or volunteer based on the
results of the criminal background check.

H.12.6 The Contractor shall inform each applicant, employee, and unsupervised volunteer that a false statement may
subject them to criminal penalties.

H.12.7 Prior to requesting a criminal background check, the Contractor shall provide each applicant, employee, or
unsupervised volunteer with a form or forms to be utilized for the following purposes:

(A) To authorize the Metropolitan Police Department (MPD), or designee, to conduct the criminal
background check and confirm that the applicant, employee, or unsupervised volunteer has been
informed that the Contractor is authorized and required to conduct a criminal background check;

(B) To affirm whether or not the applicant, employee, or unsupervised volunteer has been convicted of a
crime, has pleaded nolo contendere, is on probation before judgment or placement of a case upon a
stet docket, or has been found not guilty by reason of insanity for any sexual offenses or intra-family
offenses in the District or their equivalent in any other state or territory of the United States, or for
any of the felony offenses described in paragraph H.X.5(C);

(C) To acknowledge that the applicant, employee, or unsupervised volunteer has been notified of his or
her right to obtain a copy of the criminal background check report and to challenge the accuracy and
completeness of the report;

(D) To acknowledge that the applicant may be denied employment, assignment to, or an unsupervised
volunteer position for which a criminal background check is required based on the outcome of the
criminal background check; and

(E) To inform the applicant or employee that a false statement on the form or forms may subject them to
criminal penalties pursuant to D.C. Official Code § 22-2405.

H.12.8 The Contractor shall direct the applicant or employee to complete the form or forms and notify the applicant
or employee when and where to report to be fingerprinted.

H.12.9 Unless otherwise provided herein, the Contractor shall request criminal background checks from the Chief,
MPD (or designee), who shall be responsible for conducting criminal background checks, including
fingerprinting.

H.12.10The Contractor shall request traffic record checks from the Director, Department of Motor Vehicles (DMV)
(or designee), who shall be responsible for conducting traffic record checks.

H.12.11The Contractor shall provide copies of all criminal background and traffic check reports to the CA within one
business day of receipt.

H.12.12The Contractor shall pay for the costs for the criminal background and traffic record checks,
pursuant to the requirements set forth by the MPD and DMV . The District shall not make any separate
payment for the cost of criminal background and traffic record checks.

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H.12.13The Contractor may make an offer of appointment to, or assign a current employee or applicant to, a
compensated position contingent upon receipt from the CO of the CA’s decision after his or her assessment of
the criminal background or traffic record check.

H.12.14The Contractor may not make an offer of appointment to an unsupervised volunteer whose position brings
him or her into direct contact with children until it receives from the contracting officer the CA ’s decision
after his or her assessment of the criminal background or traffic record check.

H.12.15The Contractor shall not employ or permit to serve as an unsupervised volunteer an applicant or employee
who has been convicted of, has pleaded nolo contendere to, is on probation before judgment or placement of a
case on the stet docket because of, or has been found not guilty by reason of insanity for any sexual offenses
involving a minor.

H.12.16 Unless otherwise specified herein, the Contractor shall conduct periodic criminal background checks upon
the exercise of each option year of this contract for current employees and unsupervised volunteer in the
positions listed in sections H.X.1 and H.X.2.

H.12.17An employee or unsupervised volunteer may be subject to administrative action including, but not limited to,
reassignment or termination at the discretion of the CA after his or her assessment of a criminal background
or traffic record check.

H.12.18The CA shall be solely responsible for assessing the information obtained from each criminal background and
traffic records check report to determine whether a final offer may be made to each applicant or employee.
The CA shall inform the CO of its decision, and the CO shall inform the Contractor whether an offer may be
made to each applicant.

H.12.19If any application is denied because the CA determines that the applicant presents a present danger to children
or youth, the Contractor shall notify the applicant of such determination and inform the applicant in writing
that she or he may appeal the denial to the Commission on Human Rights within thirty (30) days of the
determination.

H.12.20Criminal background and traffic record check reports obtained under this section shall be confidential and are
for the exclusive use of making employment-related determinations. The Contractor shall not release or
otherwise disclose the reports to any person, except as directed by the CO.

H.13 DISTRICT RESPONSIBILITIES

H.13.1. DCPS will provide a point of contact to liaise between DCPS and the Contractor to ensure successful
contract performance per the contract terms and conditions.

H.13.2 Every three months (quarterly), DCPS will evaluate the contractor’s performance and compliance with the
contract in accordance with the established performance evaluation form (Attachment J.11)

H.14 CONTRACTOR RESPONSIBILITIES

No additional responsibilities. Contractor responsibility shall be successful performance of this contract as
described in Section B, Section C, and other sections of this contract.

H.14 HIPAA PRIV ACY COMPLIANCE POLICY

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The HIPAA Privacy Compliance shall be incorporated into the contract. The Contractor shall download a
copy of the HIPAA Privacy Compliance clause from www.ocp.in.dc.gov. The clause can be found under the
heading of “Policies/Forms”.

H.15 REQUIREMENTS OF PERFORMANCE

H.15.1 With the exception of a Force Majeure event, the Offeror shall be held responsible for delivering the required
natural gas to the specified delivery points. If the Offeror fails to deliver, then it shall be responsible for all
tariff penalties, late fees, and WMATA ’s costs for replacement electricity supply. Force Majeure is defined as:

H.15.2 Force Majeure means any cause beyond the reasonable control of, and without the fault of negligence of, the
party claiming Force Majeure. It shall include, without limitation, sabotage, generally including strikes, acts
of God, war, riot, civil disturbance, drought, earthquake, flood, explosion, fire, lightning, landslide, change in
law or applicable regulation subsequent to the date hereof, and action or inaction by federal state or local
legislative, executive, administrative or judicial agency or body, which by exercise of due diligence and
foresight, such party could not reasonably have been expected to avoid. Economic hardship of either party
shall not constitute Force Majeure. The inability of the contractor to obtain transportation, to obtain
generation contracts or the event of higher actual costs than contracted costs, to the contractor, shall not
constitute a Force Majeure.

H.15.3 Except for the obligation of a party to make payments under this agreement, if either party is rendered wholly
or partly unable to perform its obligations under this agreement because of Force Majeure as defined above,
that party shall be excused from whatever performance is affected by the Force Majeure, to the extent so
affected, and shall not be liable in damages or otherwise. Either party rendered wholly or partly unable to
perform its obligations by reason of Force Majeure shall exercise due diligence to remove the effects of such
Force Majeure with all reasonable dispatch.

H.15.4 The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the
commencement of any Force Majeure Conditions, setting forth the full particulars in connection therewith and
shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the
Contracting Officer of cessation of such condition.

SECTION I: CONTRACT CLAUSES

I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS

The Standard Contract Provisions for use with District of Columbia Government Supplies and Services
Contracts dated July 2010 (“SCP”) are incorporated as part of the contract. To obtain a copy of the SCP go to
http://ocp.dc.gov, under Quick Links click on “Required Solicitation Documents”.

I.2 CONTRACTS THAT CROSS FISCAL YEARS

Continuation of this contract beyond the current fiscal year is contingent upon future fiscal appropriations.

I.3 CONFIDENTIALITY OF INFORMATION

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The Contractor shall keep all information relating to any employee or customer of the District in absolute
confidence and shall not use the information in connection with any other matters; nor shall it disclose any
such information to any other person, firm or corporation, in accordance with the District and federal laws
governing the confidentiality of records.

I.4 TIME

Time, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless otherwise stated
herein.

I.5 RIGHTS IN DATA

Delete clause 42, Rights in Data, of the Standard Contract Provisions dated July 2010 for use with District of
Columbia Government Supplies and Services Contracts and substitute the following clause 42, Rights in
Data) in its place:

A. Definitions

1. “Products” - A deliverable under any contract that may include commodities, services and/or
technology furnished by or through Contractor, including existing and custom Products, such as, but
not limited to: a) recorded information, regardless of form or the media on which it may be recorded;
b) document research; c) experimental, developmental, or engineering work; d) licensed software; e)
components of the hardware environment; f) printed materials (including but not limited to training
manuals, system and user documentation, reports, drawings); g) third party software; h)
modifications, customizations, custom programs, program listings, programming tools, data, modules,
components; and i) any intellectual property embodied therein, whether in tangible or intangible
form, including but not limited to utilities, interfaces, templates, subroutines, algorithms, formulas,
source code, and object code.

2. “Existing Products” - Tangible Products and intangible licensed Products that exist prior to the
commencement of work under the contract. Existing Products must be identified on the Product prior
to commencement of work or else it will be presumed to be Custom Products.

3. “Custom Products” - Products, preliminary, final or otherwise, which are created or developed by
Contractor, its subcontractors, partners, employees, resellers, or agents for the District under the
contract.

4. “District” – The District of Columbia and its agencies.

B. Title to Project Deliverables

The Contractor acknowledges that it is commissioned by the District to perform services detailed in the
contract. The District shall have ownership and rights for the duration set forth in the contract to use, copy,
modify, distribute, or adapt Products as follows:

1. Existing Products: Title to all Existing Licensed Product(s), whether or not embedded in, delivered, or
operating in conjunction with hardware or Custom Products, shall remain with Contractor or third-
party proprietary owner, who retains all rights, title, and interest (including patent, trademark, or
copyrights). Effective upon payment, the District shall be granted an irrevocable, non-exclusive,
worldwide, paid-up license to use, execute, reproduce, display, perform, adapt (unless Contractor
advises the District as part of Contractor’s bid that adaptation will violate existing agreements or
statutes and Contractor demonstrates such to the District’s satisfaction), and distribute Existing
Product to District users up to the license capacity stated in the contract with all license rights
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necessary to fully effect the general business purpose of the project or work plan or contract.
Licenses shall be granted in the name of the District. The District agrees to reproduce the copyright
notice and any other legend of ownership on any copies authorized under this paragraph.

2. Custom Products: Effective upon Product creation, Contractor shall convey, assign, and transfer to the
District the sole and exclusive rights, title, and interest in Custom Products, whether preliminary,
final, or otherwise, including all patent, trademark, and copyrights. Contractor hereby agrees to take
all necessary and appropriate steps to ensure that the Custom Products are protected against
unauthorized copying, reproduction, and marketing by or through Contractor.

C. Transfers or Assignments of Existing or Custom Products by the District

The District may transfer or assign Existing or Custom Products and the licenses thereunder to another
District agency. Nothing herein shall preclude the Contractor from otherwise using the related or underlying
general knowledge, skills, ideas, concepts, techniques, and experience developed under a project or work plan
during the Contractor’s business.

D. Subcontractor Rights

Whenever any data, including computer software, are to be obtained from a subcontractor under the contract,
the Contractor shall use this clause, Rights in Data, in the subcontract, without alteration, and no other clause
shall be used to enlarge or diminish the District’s or the Contractor’s rights in that subcontractor data or
computer software which is required for the District.

E. Source Code Escrow

1. For all computer software furnished to the District with the rights specified in section B.2, the
Contractor shall furnish to the District, a copy of the source code with such rights of the scope as
specified in section B.2 of this clause. For all computer software furnished to the District with the
restricted rights specified in section B.1 of this clause, the District, if the Contractor either directly or
through a successor or affiliate shall cease to provide the maintenance or warranty services provided
the District under the contract or any paid-up maintenance agreement, or if the Contractor should be
declared insolvent by a court of competent jurisdiction, shall have the right to obtain, for its own and
sole use only, a single copy of the current version of the source code supplied under the contract, and
a single copy of the documentation associated therewith, upon payment to the person in control of the
source code the reasonable cost of making each copy.

2. If the Contractor or Product manufacturer/developer of software furnished to the District with the
rights specified in section B.1 of this clause offers the source code or source code escrow to any other
commercial customers, the Contractor shall either: (1) provide the District with the source code for
the Product; (2) place the source code in a third party escrow arrangement with a designated escrow
agent who shall be named and identified to the District, and who shall be directed to release the
deposited source code in accordance with a standard escrow arrangement acceptable to the District; or
(3) will certify to the District that the Product manufacturer/ developer has named the District as a
named beneficiary of an established escrow arrangement with its designated escrow agent who shall
be named and identified to the District, and who shall be directed to release the deposited source code
in accordance with the terms of escrow.

3. The Contractor shall update the source code, as well as any corrections or enhancements to the source
code, for each new release of the Product in the same manner as provided above and certify such
updating of escrow to the District in writing.

F. Indemnification and Limitation of Liability

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The Contractor shall indemnify and save and hold harmless the District, its officers, agents and employees
acting within the scope of their official duties against any liability, including costs and expenses, (i) for
violation of proprietary rights, copyrights, or rights of privacy, arising out of the publication, translation,
reproduction, delivery, performance, use or disposition of any data furnished under this contract, or (ii) based
upon any data furnished under this contract, or based upon libelous or other unlawful matter contained in such
data.

I.6 OTHER CONTRACTORS

The Contractor shall not commit or permit any act that will interfere with the performance of work by another
District contractor or by any District employee.

I.7 SUBCONTRACTS – IF APPLICABLE

The Contractor hereunder shall not subcontract any of the Contractor’s work or services to any subcontractor
without the prior written consent of the CO. Any work or service so subcontracted shall be performed
pursuant to a subcontract agreement, which the District will have the right to review and approve prior to its
execution by the Contractor. Any such subcontract shall specify that the Contractor and the subcontractor
shall be subject to every provision of this contract. Notwithstanding any such subcontract approved by the
District, the Contractor shall remain liable to the District for all Contractor's work and services required
hereunder.

I.8 INSURANCE

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

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

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

B. INSURANCE REQUIREMENTS

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

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

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

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

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

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

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

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

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

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

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

6. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence satisfactory to the CO of
commercial umbrella or excess liability insurance with minimum limits of $5,000,000 per occurrence and
$5,000,000 in the annual aggregate, following the form and more than all liability policies. All liability
coverage must be scheduled under the umbrella and/or excess policy. The insurance required under this
paragraph shall be written in a form that annually reinstates all required limits. Coverage shall be primary to
any insurance, self-insurance or reinsurance maintained by The Government of the District of Columbia and
the “other insurance” provision must be amended in accordance with this requirement and principles of
vertical exhaustion.

7. Sexual/Physical Abuse & Molestation - The Contractor shall provide evidence satisfactory to the CO with
respect to the services performed that it carries $1,000,000 per occurrence limits; $2,000,000 aggregate of
affirmative abuse and molestation liability coverage. Coverage should include physical abuse, such as sexual
or other bodily harm and non-physical abuse, such as verbal, emotional, or mental abuse; any actual,
threatened, or alleged act; errors, omission or misconduct. This insurance requirement will be considered
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met if the general liability insurance includes an affirmative sexual abuse and molestation endorsement for the
required amounts or through a separate stand-alone sexual abuse and molestation policy with confirmation
there are no exclusions for abuse or assault & battery under the General Liability. So called “silent” coverage
or “shared” limits under a commercial general liability or professional liability policy will not be acceptable.
Limits may not be shared with other lines of coverage. The applicable policy may need to be submitted to the
ORM for compliance review.

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

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

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

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

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

H. MEASURE OF PAYMENT. The Government of the District of Columbia shall not make any separate
measure or payment for the cost of insurance and bonds. The Contractor shall include all of the costs of
insurance and bonds in the contract price.

I. NOTIFICATION. The Contractor shall ensure that all policies provide that the CO shall be given thirty (30)
days prior written notice in the event of cancellation, non-renewal, or material changes to the extent such
cancellation or material changes results in Contractor no long complying with the above requirements. The
Contractor shall provide the CO within ten (10) days prior a written notice in case of non-payment of
premium. The Contractor will also provide the CO with an updated Certificate of Insurance should its
insurance coverages renew during the contract. The Government of the District of Columbia may reasonably
change the above insurance coverage requirements during the Term by giving the Contractor at least 30 days’
notice of the change. The contractor must comply, at your expense, and deliver to the CO evidence of
compliance before the change becomes effective.

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J. CERTIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days after execution of this
Agreement, certificates of insurance evidencing the required insurance coverage and endorsements required
herein. Contractor must also provide us with evidence of renewal before the expiration date of each insurance
policy. The contractor is responsible for providing us with 30 days' advanced written notice if the certificate
of insurance by the insurer has been canceled, reduced in coverage, or otherwise altered. Certificates of
insurance must reference the corresponding contract number. Evidence of insurance shall be submitted to:

The Government of the District of Columbia
And mailed to the attention of:
LaVeta Hilton, Contracting Officer
District of Columbia Public Schools
Office of Fiscal Strategy
Contracts and Acquisitions Division
1200 1st Street, NE - 9th Floor.
Washington, DC 20002
T: 202-442-5112
E-Mail: laveta.hilton@k12.dc.gov.

The CO may request, and the Contractor shall promptly deliver updated certificates of insurance,
endorsements indicating the required coverages, and/or certified copies of the insurance policies. If the
insurance initially obtained by the Contractor expires prior to completion of the contract, renewal certificates
of insurance and additional insured and other endorsements shall be furnished to the CO prior to the date of
expiration of all such initial insurance. For all coverage required to be maintained after completion, an
additional certificate of insurance evidencing such coverage shall be submitted to the CO on an annual basis
as the coverage is renewed (or replaced).

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

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

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

I.9 EQUAL EMPLOYMENT OPPORTUNITY

In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order 85-85 dated
June 10, 1985, the forms for completion of the Equal Employment Opportunity Information Report are
incorporated herein as Section J.3. An award cannot be made to any 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:

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A conflict in language shall be resolved by giving precedence to the document in the highest order of priority
that contains language addressing the issue in question. The following documents are incorporated into the
contract by reference and made a part of the contract in the following order of precedence:

(1) An applicable Court Order, if any
(2) Contract document
(3) Standard Contract Provisions
(4) Contract attachments other than the Standard Contract Provisions
(5) Proposal/Bid

I.11 DISPUTES
I.11.1 Disputes
All disputes arising under or relating to the contract shall be resolved as provided herein.
(a) Claims by the Contractor against the District: Claim, as used in paragraph (a) of this clause, means a written
assertion by the Contractor seeking, as a matter of right, the payment of money in a sum certain, the
adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. A claim
arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a
contract clause that provides for the relief sought by the claimant

(1) All claims by a Contractor against the District arising under or relating to a contract shall be in writing and
shall be submitted to the CO for a decision. The Contractor’s claim shall contain at least the following:

(i) A description of the claim and the amount in dispute;
(ii) Data or other information in support of the claim;
(iii) A brief description of the Contractor’s efforts to resolve the dispute prior to filing the claim; and
(iii) The Contractor’s request for relief or other action by the CO.

(2) The CO may meet with the Contractor in a further attempt to resolve the claim by agreement.

(3) The CO shall issue a decision on any claim within 120 calendar days after receipt of the claim. Whenever
possible, the CO shall take into account factors such as the size and complexity of the claim and the adequacy
of the information in support of the claim provided by the Contractor.

(4) The CO’s written decision shall do the following:

(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings of fact, although specific findings of
fact are not required and, if made, shall not be binding in any subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine the amount of monetary settlement,
the contract adjustment to be made, or other relief to be granted;
(vi) Indicate that the written document is the CO’s final decision; and
(vii) Inform the Contractor of the right to seek further redress by appealing the decision to the Contract
Appeals Board.

(5) Failure by the CO to issue a decision on a contract claim within 120 days of receipt of the claim will be
deemed to be a denial of the claim and will authorize the commencement of an appeal to the Contract Appeals
Board as provided by D.C. Official Code § 2 360.04.

(6) If a contractor is unable to support any part of its claim and it is determined that the inability is attributable to
a material misrepresentation of fact or fraud on the part of the Contractor, the Contractor shall be liable to the
District for an amount equal to the unsupported part of the claim in addition to all costs to the District
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attributable to the cost of reviewing that part of the Contractor’s claim. Liability under this paragraph (a)(6)
shall be determined within six (6) years of the commission of the misrepresentation of fact or fraud.

(7) Pending final decision of an appeal, action, or final settlement, the Contractor shall proceed diligently with
performance of the contract in accordance with the decision of the CO.

(b) Claims by the District against the Contractor: Claim as used in paragraph (b) of this clause, means a written
demand or written assertion by the District seeking, as a matter of right, the payment of money in a sum
certain, the adjustment of contract terms, or other relief arising under or relating to the contract. A claim
arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a
contract clause that provides for the relief sought by the claimant.

(1) The CO shall decide all claims by the District against a contractor arising under or relating to a contract.

(2) The CO shall send written notice of the claim to the contractor. The CO’s written decision shall do the
following:

(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings of fact, although specific findings
of fact are not required and, if made, shall not be binding in any subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine the amount of monetary settlement,
the contract adjustment to be made, or other relief to be granted;
(vi) Indicate that the written document is the CO’s final decision; and
(vii) Inform the Contractor of the right to seek further redress by appealing the decision to the Contract
Appeals Board.

(3) The CO shall support the decision by reasons and shall inform the Contractor of its rights as provided herein.

(4) Before or after issuing the decision, the CO may meet with the Contractor to attempt to resolve the claim by
agreement.

(5) The authority contained in this paragraph (b) shall not apply to a claim or dispute for penalties or forfeitures
prescribed by statute or regulation which another District agency is specifically authorized to administer,
settle or determine.

(6) This paragraph shall not authorize the CO to settle, compromise, pay, or otherwise adjust any claim involving
fraud.

(c) Decisions of the CO shall be final and not subject to review unless the Contractor timely commences an
administrative appeal for review of the decision, by filing a complaint with the Contract Appeals Board, as
authorized by D.C. Official Code § 2-360.04.

(d) Pending final decision of an appeal, action, or final settlement, the Contractor shall proceed diligently with
performance of the contract in accordance with the decision of the CO.

I.12 CHANGES

(a) The CO may, at any time, by written order, and without notice to the surety, if any, make changes in the
contract within the general scope hereof. If such change causes an increase or decrease in the cost of
performance of the contract, or in the time required for performance, an equitable adjustment shall be made.
Any claim for adjustment for a change within the general scope must be asserted within ten (10) days from
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the date the change is ordered; provided, however, that the CO, if he or she determines that the facts justify
such action, may receive, consider, and adjust any such claim asserted at any time prior to the date of final
settlement of the contract. If the parties fail to agree upon the adjustment to be made, the dispute shall be
determined as provided in clause 14 Disputes.

(b) The District shall not require the Contractor, and the Contractor shall not require a subcontractor, to undertake
any work that is beyond the original scope of the contract or subcontract, including work under a District-
issued change order, when the additional work increases the contract price beyond the not-to-exceed price or
negotiated maximum price of this contract, unless the CO:

(1) Agrees with Contractor, and if applicable, the subcontractor on a price for the additional work;
(2) Obtains a certification of funding to pay for the additional work;
(3) Makes a written, binding commitment with the Contractor to pay for the additional work within 30-days after
the Contractor submits a proper invoice; and
(4) Provides the Contractor with written notice of the funding certification.

(c) The Contractor shall include in its subcontracts a clause that requires the Contractor to:

(1) Within 5 business days of its receipt of notice the approved additional funding, provide the subcontractor with
notice of the amount to be paid to the subcontractor for the additional work to be performed by the
subcontractor.
(2) Pay the subcontractor any undisputed amount to which the subcontractor is entitled for the additional work
within 10 days of receipt of payment from the District; and
(3) Notify the subcontractor and CO in writing of the reason the Contractor withholds any payment from a
subcontractor for the additional work.

(d) Neither the District, Contractor, nor any subcontractor may declare another party to be in default, or assess,
claim, or pursue damages for delays, until the parties to agree on a price for the additional work.

I.13 NON-DISCRIMINATION CLAUSE

(a) The Contractor shall not discriminate in any manner against any employee or applicant for employment that
would constitute a violation of the District of Columbia Human Rights Act, effective December 13, 1977, as
amended (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.) (“Act”, as used in this clause). The
Contractor shall include a similar clause in all subcontracts, except subcontracts for standard commercial
supplies or raw materials. In addition, the Contractor agrees, and any subcontractor shall agree, to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth the
provisions of this non-discrimination clause as provided in section 251 of the Act.

(b) Pursuant to Mayor’s Order 85-85, (6/10/85), Mayor’s Order 2002-175 (10/23/02), Mayor’s Order 2011-155
(9/9/11) and the rules of the Office of Human Rights, Chapter 11 of Title 4 of the D.C. Municipal Regulations,
the following clauses apply to the contract:

(1) The Contractor shall not discriminate against any employee or applicant for employment because of actual or
perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual
orientation, gender identity or expression, family responsibilities, genetic information, disability,
matriculation, political affiliation, or credit information. Sexual harassment is a form of sex discrimination
which is prohibited by the Act. In addition, harassment based on any of the above protected categories is
prohibited by the Act.

(2) The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their actual or perceived: race, color, religion, national
origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family
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responsibilities, genetic information, disability, matriculation, political affiliation, or credit information. The
affirmative action shall include, but not be limited to the following:

a. employment, upgrading or transfer.
b. recruitment, or recruitment advertising.
c. demotion, layoff or termination.
d. rates of pay, or other forms of compensation; and
e. selection for training and apprenticeship.

(3) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting agency, setting forth the provisions in paragraphs 19(b)(1) and (b)(2)
concerning non-discrimination and affirmative action.

(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment pursuant to the non-
discrimination requirements set forth in paragraph 19(b)(2).

(5) The Contractor agrees to send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the contracting agency,
advising the said labor union or workers’ representative of that contractor’s commitments under this
nondiscrimination clause and the Act, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.

(6) The Contractor agrees to permit access to its books, records, and accounts pertaining to its employment
practices, by the Chief Procurement Officer or designee, or the Director of the Office of Human Rights or
designee, for purposes of investigation to ascertain compliance with the Act, and to require under terms of any
subcontractor agreement each subcontractor to permit access of such subcontractors’ books, records, and
accounts for such purposes.

(7) The Contractor agrees to comply with the provisions of the Act and with all guidelines for equal employment
opportunity applicable in the District adopted by the Director of the Office of Human Rights, or any
authorized official.

(8) The Contractor shall include in every subcontract the equal opportunity clauses, i.e., paragraphs 19(b)(1)
through (b)(9) of this clause, so that such provisions shall be binding upon each subcontractor.

(9) The Contractor shall take such action with respect to any subcontract as the CO may direct as a means of
enforcing these provisions, including sanctions for noncompliance; provided, however, that in the event the
Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the contracting agency, the Contractor may request the District to enter into such litigation
to protect the interest of the District.

I.14 CONTINUITY OF SERVICES -- RESERVED

I.15 TERMINATION

a) Neither the Contractor nor the SFA shall be responsible for any losses resulting if the fulfillment of the terms
of the contract shall be delayed or prevented by wars, acts of public enemies, strikes, fires, floods, acts of
God, or for any acts not within the control of either the Contractor or the SFA, respectively, and which by the
exercise of due diligence it is unable to prevent.

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b) The District reserves the right to terminate this contract if the Contractor fails to comply with any of the
requirements of this contract. The District shall notify the Contractor, in writing, of specific instances of non-
compliance. In instances where the Contractor has been notified on non-compliance with the terms of the
contract, and has not taken immediate corrective action, the District shall have the right, upon written notice,
to immediately terminate the contract and the contractor shall be liable for any damages incurred by the
District. The District shall negotiate a re-purchase contract on a competitive basis to arrive at a fair and
reasonable price.

c) The District shall give written notice to the Contractor and terminate the right of the Contractor to proceed
under this contract if the District finds that gratuities in the form of entertainment, gifts, or otherwise, were
offered or given by the contractor to any officer or employee of the District with a view toward securing a
contract or securing favorable treatment with respect to the awarding or amending of the contract; provided
that the existence of the facts upon which the District makes such findings shall be an issue and may be
reviewed in any competent court.

d) In the event this contract is terminated, as provided in paragraph (d) hereof, the District shall be entitled:

i. To pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract
by the Contractor, and

ii. As a penalty in addition to any other damages in an amount which shall not be less than three, nor more than
three times the cost incurred by the Contractor in providing any such gratuities to any such officer or
employee.

e) 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.

I.18.1 TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT

I.18.1.1 DCPS has the right to terminate the contract for the convenience of the government, DCMR 27, Section
3702 -- Termination for Convenience of the Government (Fixed-Price) (Short Form).

I.18.2 TERMINATION FOR DEFAULT

I.18.2.1DCPS has the right to terminate the contract for default of the contractor on satisfactory
performance in accordance with the terms and conditions of the contract, 27 DCMR Section 3710 -- Default
(Fixed-Price Supply and Service) (Apr 1984).

I.18.2.2DCPS reserves the right to terminate the contract for default without advance notice in the event the contractor
is closed for the reasons cited in C.5.2 above.

I.19 CONTRACT WORK HOURS AND SAFETY STANDARDS

I.19.1 The Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act
(Act), 40 U.S.C §327-330, as supplemented by the Department of Labor regulations, 29 CFR Part 5. Under
Section 103 of the Act, the Contractor shall be required to compute the wages of every laborer on the basis of
a standard workday of eight hours and a standard workweek of 40 hours. Work in excess of the standard
workday or standard workweek is permissible, provide that the worker is compensated at a rate of not less
than 1 ½ times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or forty
hours in any work week.
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I.20 ESTIMATED QUANTITIES

It is the intent of the DCPS to secure a contract for all the needs of the requirement per this contract for items
specified herein which may occur during the contract term. The DCPS agrees that it will purchase its
requirements of the articles or services included herein from the Contractor(s). Articles or services specified
herein have a history of repetitive use in the DCPS. The estimated quantities stated in the IFB reflect the best
estimates available. They shall not be construed to limit the quantities which may be ordered from the
Contractor(s) by the DCPS or to relieve the Contractor of his obligation to fill all such orders. Orders will be
place from time to time if any and when needs arise for delivery, all charges prepaid, to the ordering agency.
The DCPS does not guarantee to order any specific quantities of any item(s) or work hours of service.

I.21 COST AND PRICING DATA -- RESERVED

J. ATTACHMENTS

SECTION I: ATTACHMENTS

Attachment
Number Document
01
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”
02 U.S. Department of Labor Wage Determination No. 2015-4281, Rev. No. 30, issued
on July 22, 2024.
03 Way to Work Amendment Act of 2006 - Living Wage Notice
04 Way to Work Amendment Act of 2006 - Living Wage Fact Sheet
05 Certificate of Clean Hands
06 Tax Certification Affidavit
www.ocp.dc.gov, click on “Solicitation Attachments”
07 Bidder/Offeror Certifications
available at www.ocp.dc.gov click on “Solicitation Attachments”
08 Certificate of Insurance
09 Contractor’s price and technical bids