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MURIEL BOWSER
MAYOR
June 1, 2026
Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant
to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1-
204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code §
2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is
proposed Contract No. GAGA-2026-C-0047 with Gratitude Systems LLC in the estimated amount
of $1,416,250.00. The period of performance is from award date through September 30, 2026.
Under the propose d contract, Gratitude Systems. will provide Amaz on Electronic Gift Cards to
the teachers of the District of Columbia Public Schools.
My administration is available to discuss any questions you may have regarding the proposed
contract. In order to facilitate a response to any questions you may have, please have your staff
contact LaVeta Hilton, Deputy Chief Procurement Officer, at (202) 442-5136.
I look forward to the Council’s favorable consideration of this proposed contract.
Sincerely,
Muriel 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, tipping, retroactive without changes, and multiyear)
(A) Contract Number: GAGA-2026-C-0047
Proposed Contractor: Gratitude Systems LLC (“the
Contractor”)
Proposed Contractor’s Principals: Yohannes Tafesse, CEO
Contract Amount (Estimated): $1,416,250.00
Term of Contract: July 1, 2026, through September 30,
2026
Type of Contract: Fixed Unit Price Requirements Contract
Source Selection Method: Invitation for Bid (IFB)
(B) For a contract containing option periods, the contract amount for the base period
and for each option period. If the contract amount for one or more of the option
periods differs from the amount for the base period, provide an explanation of the
reason for the difference:
Not applicable
(C) The goods or services to be provided, the methods of delivering goods or services,
and any significant program changes reflected in the proposed Contract:
The contractor shall provide the Amazon Electronic Gift Cards for Teachers.
(D) The selection process, including the number of offerors, the evaluation criteria, and
the evaluation results, including price, technical or quality, and past performance
components:
The solicitation (an invitation for bids) was advertised in the Washington Post on
February 23, 2026, and posted on the DCPS website with one amendment. The
GAGA-2026-C-0047
Council Summary
2
solicitation closed on March 09, 2026, and DCPS received five bids. After a review of the
solutions offered and the bidder’s past performance, the contractor deemed Gratitude
Systems offer of $1,416,250.00, which was the lowest-priced offer, acceptable.
(E) A description of any bid protest related to the award of the Contract, including
whether the protest was resolved through litigation, withdrawal of the protest by the
protestor, or voluntary corrective action by the district. Include the identity of the
protestor, the grounds alleged in the protest, and any deficiencies identified by the
district as a result of the protest:
There are no protests pending.
(F) A description of any other contracts the proposed contractor is currently seeking or
holds with the District:
Gratitude Systems LLC, currently does not hold any other contract with the District.
(G) The background and qualifications of the proposed contractor, including its
organization, financial stability, personnel, and performance on past or current
government or private sector contracts with requirements similar to those of the
proposed contract:
Gratitude Systems. previously supplied devices and related configuration services to
DCPS. Based on past performance with the agency, the contractor has the necessary
organization, experience, accounting and operational controls, technical skills, ability to
obtain, and a satisfactory record of integrity and business ethics.
(H) A summary of the subcontracting plan required under section 2346 of the Small,
Local, and Disadvantaged Business Enterprise Development and Assistance Act of
2005, as amended, D.C. Official Code § 2-218.01 et seq. (“Act”), including a
certification that the subcontracting plan meets the minimum requirements of the
Act and the dollar volume of the portion of the Contract to be subcontracted,
expressed both in total dollars and as a percentage of the total contract amount:
Gratitude Systems. is a certified business enterprise in the District and will perform 100%
of the work under the contract. Therefore, a subcontracting plan is not required.
(I) Performance standards and the expected outcome of the proposed contract:
Gratitude System's performance will be regularly and routinely monitored by DCPS. The
expected outcome of the proposed contract is for Gratitude Systems to provide DCPS
with Amazon Electronic Gift Cards.
(J) The amount and date of any expenditure of funds by the district pursuant to the
Contract prior to its submission to the Council for approval:
GAGA-2026-C-0047
Council Summary
3
None
(K) A certification that the proposed Contract is within the appropriated budget
authority for the agency for the fiscal year and is consistent with the financial plan
and budget adopted in accordance with D.C. Official Code §§ 47-392.01 and 47-
392.02:
The DCPS agency fiscal officer has certified that the proposed contract is within the
appropriated budget authority for the agency for the fiscal year and is consistent with the
financial plan and budget adopted in accordance with D.C. Official Code §§ 47-392.01
and 47-392.02. A certification of funding is attached, dated March 24, 2026.
(L) A certification that the Contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the district:
The proposed contract has been determined to be legally sufficient by the Office of the
Attorney General. A legal sufficiency certification is attached. Gratitude Systems. has no
known pending legal claims against the District.
(M) A certification that the Citywide Clean Hands database indicates that the proposed
contractor is current with its District taxes. If the Citywide Clean Hands Database
indicates that the proposed contractor is not current with its District taxes, either (1)
a certification that the contractor has worked out and is current with a payment
schedule approved by the District or (2) a certification that the contractor will be
current with its District taxes after the District recovers any outstanding debt as
provided under D.C. Official Code § 2-353.01(b):
According to the Citywide Clean Hands Database, the contractor is current with its
District taxes. The Certificate of Clean Hands, dated May 8, 2026, is attached.
(N) A certification from the proposed contractor that it is current with its federal taxes
or has worked out and is current with a payment schedule approved by the federal
government:
Based on the information provided in the Bidder Offeror Certification form, Gratitude
Systems. has certified that the organization is current with its federal taxes.
(O) (1) A certification that the proposed contractor has been determined not to be in
violation of section 334a of the Board of Ethics and Government Accountability
Establishment and Comprehensive Ethics Reform Amendment Act of 2011, D.C.
Official Code § 1-1163.34a; and (2) A certification from the proposed contractor
that it currently is not and will not be in violation of section 334a of the Board of
Ethics and Government Accountability Establishment and Comprehensive Ethics
Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a:
GAGA-2026-C-0047
Council Summary
4
According to the Bidder Offeror Certification submitted on March 09, 2026, the proposed
contractor is not and will not be in violation of Section 334a of the Board of Ethics and
Government Accountability Establishment and Comprehensive Ethics Reform Amendment
Act of 2011, DC Official Code 1-1163.34
(P) The status of the proposed contractor as a certified local, small, or disadvantaged
business enterprise as defined in the Small, Local, and Disadvantaged Business
Enterprise Development and Assistance Act of 2005, as amended, D.C. Official Code
§ 2-218.01 et seq.:
Gratitude Systems. is a certified business enterprise in the District of Columbia.
(Q) Other aspects of the proposed Contract that the Chief Procurement Officer
considers significant:
None
(R) A statement indicating whether the proposed contractor is currently debarred from
providing services or goods to the district or federal government, the dates of the
debarment, and the reasons for debarment:
Gratitude Systems. is not on the Federal Excluded Parties List or the Office of Contracts
and Procurement Excluded Parties List, accessed on March 09, 2026; therefore, the
Contractor is not currently debarred from providing services to any governmental entities.
(S) Any determination and findings issues relating to the Contract’s formation,
including any determination and findings made under D.C. Official Code § 2-352.05
(privatization contracts):
Determination and Findings for Contractor Responsibility
Determination and Findings for Price Reasonableness
(T) Where the Contract and any amendments or modifications, if executed, will be
made available online:
https://dcps.dc.gov/page/doing-business-dcps
(U) Where the original solicitation and any amendments or modifications will be made
available online:
https://dcps.dc.gov/page/doing-business-dcps
1101 4th Street, SW
Washington, DC 20024
Date of Notice: May 8, 2026 L0016574488Notice Number:
FEIN: **-***3426
Case ID: 18947867
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
GRATITUDE SYSTEMS LLC
1050 CONNECTICUT AVE NW STE 500
WASHINGTON DC 20036-5304
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
1200 First Street, NE | Washington, DC 20002 | T 202. 442. 5885 | F 202. 442. 5026 | dcps.dc.gov
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: Pat Godfrey
2. Office/School: Office of Employee Services
3. FY26 Funding Certification Date(s): 10/01/2025 – 09/30/2026
4. Summary of Proposed Procurement: The Office of Employee Services Benefits Team is seeking a vendor to
administer our Teacher Supply Card program which provides our members of the Washington Teachers
Union (WTU) & a small group of Council of School Officers (CSO) union members with a virtual gift card to
be used for the purchase of classroom related supplies. The current collective bargaining agreement states
that each eligible staff member gets $250 of card value per school year. For FY26, the purchase will be
made for School Year 2026-2027, estimated at $1,416,250.00.
5. If contract has been awarded:
• Contractor: Gratitude Systems
• Contract Number: GAGA-2026-C-0047
• RK Number: TBD
• PO Number: TBD
• FY26 Contract Dates: 07/01/2026 – 09/30/2026
Funding Information:
I h
ereby 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 for the District of
Columbia Public Schools for the applicable period of performance. The funding obligation for Fiscal Year 2026 is subject to
Congressional approval.
3/
24/26
Name Date
DCPS AFO/Budget Officer
AGENCY
GA0 if DCPS
GD0 if OSSE
FISCAL
YEAR FUND ACCOUNT PROGRAM COST
CENTER PROJECT AWARD AMOUNT
GA0 FY26 1010001 7111011 400012 40104 $1,416,250.00
Total $1,416,250.00
400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General
ATTORNEY GENERAL
BRIAN L. SCHWALB
Commercial Division
MEMORANDUM
TO: Tomás Talamante
Director
Office of Policy and Legislative Affairs
FROM: Robert Schildkraut
Section Chief
Government Contracts Section
DATE: May 7, 2026
SUBJECT: Approval of Contract for Amazon Electronic Gift Cards
Contract Number: GAGA-2026-C-0047
Contractor: Gratitude Systems, LLC
Contract Amount: Estimated $1,416,250.00
This is to Certify that this Office has reviewed the above- referenced Contract and that we have
found it to be legally sufficient. If you have any questions in this regard, please do not hesitate to
call me at (202) 724-4018.
______________________________
Robert Schildkraut
DISTRICT OF COLUMBIA PUBLIC SCHOOLS
NEGOTIATED CONTRACT FOR GOODS AND/OR SERVICES
Page No. 1 of 41 pages
ISSUED BY: Office of Fiscal Strategy, Contracts and Acquisitions Division
ADDRESS: 1200 First Street, N.E. 9th Floor
Washington, DC 20002
CONTRACT NO: GAGA-2026-C-0047 SOLICITATION NO: GAGA-2026-I-0047
PROGRAM OFFICE: Office of employee Servies (OES)
CAPTION: Amazon Electronic Gift Cards
TABLE OF CONTENTS
(√) SEC. DESCRIPTION PAGE(S) (√) SEC. DESCRIPTION PAGE(S)
PART 1 – The Schedule PART II – Contract Clauses
√ A Solicitation/Contract Form 1 √ I Contract Clauses 24-39
√ B Supplies/Services and Price/Costs 2-3 PART III – List of Documents, Exhibits and Other Attach
√ C Description/Specs/Work Statement 4- 9 √ J List of Attachments 40-41
√ D Packaging and Marking 9 PART IV – Representations and Instructions
√ E Inspection and Acceptance 9 K Representations, Certifications, and other
Statements of Offerors
N/A
√ F Deliveries or Performance 9
√ G Contract Administration 10-14 L Instrs. Conds. & Notices to Offerors NA
√ H Special Contract Requirements 14-24 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)
Contractor’s Name Gratitude Systems LLC
BY: ____________________________________________________
Signature of Authorized Representative
Print Name:
________________________________________________________
Title
____________________________
Date
Mailing Address of Contractor
1050 Connecticut Av NW , Suite 500
Washington DC 20036
_______________________________________________________
___________________________ ________________________
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: Date of award to September 30, 2026
CONTRACT AMOUNT: EST $1,416,250.00
GAGA-2026-C-0047 Amazon Electronic Gift Cards
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SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES, AND PRICE/COST
B.1 The District of Columbia Public Schools (DCPS), Office of Fiscal Strategy, Contracts and
Acquisitions Division, on behalf of the Office of Employee Services Benefits Team, has the need
to procure Amazon Electronic Gift Cards for teachers.
B.1.1 The contractor shall administer our Teacher Supply Card program , which provides our members
of the Washington Teachers Union (WTU) and a small group of Council of School Officers (CSO)
union members with an Amazon Electronic Gift Card to purchase classroom-related supplies. The
current collective bargaining agreement provides that each eligible staff member receives $250 in
card value per school year.
B.2 The District contemplates a single award of requirements term Contract(s) in accordance with 27
DCMR Chapter 24.
B.3 REQUIREMENTS CONTRACT
DCPS shall purchase its requirements of the articles or services included herein from the
Contractor. The estimated quantities stated herein represent the best available estimates. The
estimate shall not be construed as a representation that the estimated quantity will be required or
ordered or that conditions affecting requirements shall be stable. The estimated quantities shall not
be construed to limit the quantities which may be ordered from the Contractor by DCPS 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, section G. 4.1. DCPS may issue orders requiring delivery to multiple
destinations or performance at various locations. If DCPS urgently requires delivery
before the earliest date specified in this contract and the Contractor does not accept an
order for accelerated de livery, DCPS may procure the urgently required goods or
services from another source.
b) There is no limit on the number of orders that may be issued. DCPS may issue orders
requiring delivery to multiple destinations or performance at various locations.
c) Any order issued during the effective period of this Contract and not completed within
that period shall be completed by the Contractor within the time specified in the order.
The Contract shall govern the Contractor's and DCPS's rights and obligations concerning
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, 2026.
B.4 PRICE SCHEDULE
B.4.1 Based Period: Award Date through September 30, 2026.
GAGA-2026-C-0047 Amazon Electronic Gift Cards
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CLIN Items Description Estimated
Quantity
Unit Price Estimated Total
Price
001 Teachers' Amazon Electronic Gift
Cards
5,500 $257,50
Per electronic
gift card
_____
$1,416,250.00
Estimated Total Price $1,416,250.00
B.5 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. CODE§ 2-222.04 et seq.
B.5.1 Nonprofit organizations, as defined in the Act, shall include in their rates the indirect costs incurred
in providing goods or performing services under this contract pursuant to the nonprofit
organization's unexpired Negotiated Indirect Cost Rate Agreement (NICRA). If a nonprofit
organization does not have an unexpired NICRA, it may elect to include its indirect costs in its
rates.
1) As calculated using a de minimis rate of 10% of all direct costs under this contract.
2) By negotiating a new percentage indirect cost rate with the awarding agency.
3) As calculated with the same percentage indirect cost rate as the nonprofit organization
negotiated with any District agency within the past two years; however, a nonprofit
organization may request to renegotiate indirect cost rates in accordance with 4.5.2 or
4) As calculated with a percentage rate and base amount, determined by a certified public
accountant, as defined in the Act, using the nonprofit organization's audited financial
statements from the immediately preceding fiscal year, pursuant to the 0MB Uniform
Guidance, and certified in writing by the certified public accountant.
B.5.2 If a federal agency funds this contract, indirect costs shall be consistent with the requirements
for pass-through entities in 2 C.F.R. § 200.331 or any successor regulations.
B.5.3 The Contractor shall pay its subcontractors, which are nonprofit organizations, the same indirect
cost rates as the nonprofit organization subcontractors would have received as a prime contractor.
B.6 A bidder responding to this solicitation is required to submit with its bid any subcontracting plan
required by law. CBE bidders that intend to self -perform 100% of the work are also required to
submit a subcontracting plan with their bids that attests to their intent to self -perform the work.
Bids responding to this IFB shall be deemed nonresponsive and rejected if the bidder fails to submit
a subcontracting plan form attesting to self-work as a CBE or detailing a subcontracting plan in
compliance with the law.
B.7 For contracts more than $250,000.00 , at least 35% of the dollar volume of the contract shall be
subcontracted in accordance with section H.9.1.
GAGA-2026-C-0047 Amazon Electronic Gift Cards
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A Subcontracting Plan form is available at http://ocp.dc.gov; under Quick Links, click on Required
Solicitation Documents.
SECTION C: SPECIFICATIONS/WORK STATEMENT.
C.1 SCOPE:
The District of Columbia Public Schools (DCPS), Office of Fiscal Strategy, Contracts and
Acquisitions Division, on behalf of the Office of Employee Services Benefits Team , needs to
procure Amazon Electronic Gift Card s for Washington Teachers Union (WTU) members and a
small group of Council of School Officers (CSO) union members.
The contractor shall administer our Teacher Supply Card program with an Amazon Electronic Gift
Card to purchase classroom-related supplies. The current collective bargaining agreement provides
that each eligible staff member receives $250 in card value per school year.
C.2 APPLICABLE DOCUMENTS
The following documents are applicable to this procurement and are hereby incorporated by this
reference:
Item
No.
Document Type Title Date
001 Collective bargaining agreement
between the Washington Teachers
Union Local #6 of the American
Federation of Teachers and the District
of Columbia Public Schools
DCPS shall provide each teacher with $250
in non-pensionable funds to purchase start -
up instructional supplies prior to the students'
first day of school.
October
2023
C.3 DEFINITIONS Not Applicable.
C.4 BACKGROUND
C.4.1 The Electronic Gift Cards Program has been part of the Collective Bargaining Agreements (CBA)
with both the Washington Teachers’ Union (WTU) and the Council of School Officers (CSO) for
over a decade. The agreement stipulates that DCPS will provide teachers with $250 to support
classroom setup. At the start of each school year, this recurring payment is made to all WTU and
eligible CSO members.
C.4.2 In Fall 2024, we utilized an internally developed QuickBase application to facilitate the program.
Moving forward, it will be essential to partner with a vendor that can verify end users and securely
release funds electronically through the same application, rather than relying on physical gift cards.
C.4.3 Historically, we’ve been able to reclaim unspent funds and roll them into the following year’s
distribution.
C.4.4 Internal Controls to Prevent Fraud, Waste, and Abuse
GAGA-2026-C-0047 Amazon Electronic Gift Cards
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DC IT has established a series of robust internal controls to ensure the integrity of the Amazon
Electronic Gift Card program and to safeguard against fraud, waste, and abuse. These controls
span both the technology platform and the operational processes used to issue and track Amazon
Electronic Gift Cards.
1. Controlled Access and Secure Claiming Process
• Mandatory Use of DCPS Application:
• All teachers must request and claim their Amazon Electronic Gift Cards exclusively through
the official DCPS application. This eliminates manual distribution, reduces risk of human
error, and ensures every transaction is logged and auditable.
• Authentication Using DCPS Office 365 Accounts:
Access to the application requires users to authenticate with their DCPS-issued Office 365
credentials. This step ensures:
o Only verified DCPS staff can participate.
o User activity is tied to a known identity within DCPS systems.
o Unauthorized individuals cannot access or attempt to claim Amazon Electronic Gift
Cards.
• Network-Based Access Restrictions:
• To further strengthen security, the application is accessible only from within the DCPS
network, including DCPS school buildings and administrative sites. This prevents external or
remote attempts to compromise the system.
2. Secure Issuance and Delivery of Amazon Electronic Gift Cards
DCPS uses Amazon Electronic Gift Cards delivered through a secure, integrated process. Key
safeguards include:
• Secure System Integration via the Amazon Incentives API: The application communicates with
Amazon using a secure, encrypted connection. This protects data in transit and ensures the Amazon
Electronic Gift Card codes are delivered directly and securely.
• On-Demand Amazon Electronic Gift Card Generation: Amazon Electronic Gift Card s are
generated only when a teacher initiates a claim inside the DCPS application. This prevents:
o Bulk generation of codes
o Unauthorized access to unused cards
o Stockpiling or loss of unused assets
o Control of user and ability to claim: one user one claim of Amazon Electronic Gift Card.
GAGA-2026-C-0047 Amazon Electronic Gift Cards
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3. Comprehensive Audit and Traceability
• Transactional Logging: Every claim is logged within the DCPS system, ensuring complete
traceability. This provides:
o A verifiable audit trail
o Support for internal oversight
o Rapid detection of anomalies or patterns that could indicate misuse
These combined measures —secure identity verification, restricted network access, encrypted
communication with Amazon, on-demand card generation, and the absence of physical cards, or
pre-stored Amazon Electronic Gift Card data—form a comprehensive internal control framework.
Together, they ensure the Amazon Electronic Gift Card program operates with strong safeguards
against fraud, waste, and abuse while maintaining accountability and transparency.
C.5 REQUIREMENTS
The contractor shall only provide Amazon Electronic Gift Cards
C.5.1 Core Functional Requirements
C.5.1.1. Issue set amount of Amazon Electronic Gift Card:
The contractor shall issue Amazon Electronic Gift Cards in amount of $250, and assign it to users,
track the status of assigned cards, and cancel, reassign, or reclaim them in the direction to the
District.
C.5.1.2 Claim and Redemption Status:
The contractor shall implement tracking of claimed versus unclaimed Amazon Electronic Gift
Cards to facilitate monitoring and reporting . The contractor shall also ensure that real -time
dashboards and notifications to be made available to DCPS for claim status updates.
C.5.1.3 The contractor shall maintain a detailed record of expenditures associated with each Amazon
Electronic Gift Card, including amounts spent, remaining balances, and timestamps.
C.5.1.4 The contractor shall enable the automatic or manual reclamation of funds from unspent Amazon
Electronic Gift Cards. Also, the contractor shall provide functionality to redirect reclaimed funds
to general funds or for redistribution as per DCPS’ policies.
C.5.1.5 The contractor shall maintain a comprehensive, immutable audit log of all Amazon Electronic
Gift Card claims and redemption activities. The record key details, including user identification,
timestamps, actions taken, and system -generated or manual adjustments. The contractor shall
provide the service using one of the solution options detailed in Section C.5.1.6.
GAGA-2026-C-0047 Amazon Electronic Gift Cards
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C.5.1.6 The contractor shall provide a solution that integrates seamlessly with DCPS's current Quick Base
platform and adheres to the following specifications:
• Integration and Application Programming Interface Requirements (“API”):
o Ensure full integration capabilities with the Quick Base platform.
o Data synchronization must occur via APIs, adhering to security and compliance
standards.
• User Experience on Quick Base:
o Enable users to directly claim and manage Amazon Electronic Gift Cards through
the Quick Base platform application.
C.5.1.7 The contractor shall have the ability to deactivate an Amazon Electronic Gift Card or code issued
to a staff member if it remains unused, and to allow DCPS to reallocate those funds to a new card
or code in the following year. DCPS considers this capability a necessary component of this
procurement.
C.5.2 Electronic Distribution (Amazon Electronic Gift Cards)
C.5.2.1 DCPS will use its current application built in quick base platform and will supply an electronic
system of distribution to all eligible staff to receive their Amazon Electronic Gift Card funds on
demand.
C.5.2.2 The contractor shall be able to shut down/ turn off unused/unclaimed cards and return the funds
to the district for future use.
C.5.3 Reporting
The contractor system shall allow DCPS to view and track card usage throughout the school year
or be able to supply DCPS with detailed reporting of usage on demand (within a reasonable amount
of processing time).
C.5.4 Rollover Funds
The contractor system must be able to suspend card-fund usage on a specific date and time (as
dictated by DCPS) at or near the end of the school year. All unspent funds are considered property
of DCPS and will either be used towards implementing the Teacher Supply Card program for the
next school year or otherwise used at DCPS’s discretion. The contractor must also be able to
disable any unclaimed cards and return the funds to the District original account for redistribution.
C.5.5 System Development, Maintenance, and Security
The contractor shall be responsible for providing an API connection and support for integration
with the DCPS Quick Base application. The integration shall include the following functionalities:
• Generate a defined / custom value Amazon Electronic Gift Card
GAGA-2026-C-0047 Amazon Electronic Gift Cards
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• Allow users to claim Amazon Electronic Gift Cards through application.
• Enable the assignment and redemption of Amazon Electronic Gift Cards.
• Track the status of generated Amazon Electronic Gift Cards.
• Cancel or reassign Amazon Electronic Gift Cards as needed
C.5.6 Customer Support
The contractor shall provide direct customer support to eligible staff. This includes technical
support for accessing the Amazon Electronic Gift Card , the purchasing platform, and related
product and delivery questions, as well as post-delivery problem resolution.
C.5.7 Security and Compliance:
C.5.7.1 Data Security and Encryption:
o All data transmitted between the contractor’s system and DCPS applications must use
secure protocols
o Amazon Electronic Gift Card data and user information must be encrypted both in transit
and at rest.
C.5.7.2 Authentication and Access Control:
o Integration with DCPS’s Azure SSO must follow industry best practices, including multi-
factor authentication (MFA).
o Role-based access control (RBAC) must be implemented to restrict administrative
privileges and user access.
C.5.7.3 Compliance with Privacy Standards:
o Ensure adherence to the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. §
1232g, and the Children’s Online Privacy Protection Act of 1998, 15 U.S.C. § 6501, et
seq., where applicable, to protect student and teacher data.
o Comply with DCPS data governance policies and any relevant local, state, or federal
privacy laws.
C.5.7.4 Audit and Monitoring:
o Provide logging and monitoring capabilities for all Amazon Electronic Gift Card
generation, redemption, and tracking activities.
o Maintain an audit trail of all user actions and system events to facilitate compliance
reviews.
C.5.7.5 Vendor Responsibilities for Security:
o Perform regular vulnerability assessments and penetration tests on the solution.
o Promptly apply security patches and updates to all components.
C.5.7.6 Incident Response:
o Provide a documented incident response plan, including timelines for reporting and
resolving security breaches.
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o Notify DCPS IT of any security incidents involving their data within 24 hours of discovery.
C.5.7.7 Data Retention and Deletion:
o Ensure that Amazon Electronic Gift Card and user information are retained only as long as
the activation of this Contract is necessary for operational or legal purposes.
C.5.7.8 Third-Party Dependencies:
o If any third -party services are used, ensure their compliance with DCPS’s security and
privacy requirements.
C.5.7.9 Provide documentation of third-party service agreements and certifications.
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).
SECTION E: INSPECTION AND ACCEPTANCE
E.1 The inspection and acceptance requirements for this contract shall be governed by clause number
five (5) Inspection of Supplies AND 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
F.2.1 The term of the contract shall be from the date of award to September 30, 202 6, as specified on
the cover page of this contract.
F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT Not Applicable
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:
Item no Deliverable Quantity Due Date
001 Teacher Amazon
Electronic Gift Cards
6,150 As Needed
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F.3.1 The Contractor shall submit to the District, as a deliverable, the report described in section H.5.5,
which is required by the 51% District Residents New Hires Requirements and First Source
Employment Agreement. If the Contractor does not submit the report as part of the deliverables,
the District shall not make final payment to the Contractor pursuant to section G.3.2.
SECTION G: CONTRACT ADMINISTRATION
G.1 INVOICE PAYMENT
G.1.1 The District will make payments to the Contractor, upon the submission of proper invoices, at the
prices stipulated in this contract, for supplies delivered and accepted or services performed and
accepted, less any discounts, allowances, or adjustments provided for in this contract.
G.1.2 The District will pay the Contractor on or before the 30th day after receiving a proper invoice from
the Contractor.
G.2 INVOICE SUBMITTAL
G.2 INVOICE SUBMITTAL (electronic)
G.2.1 The Contractor shall create and submit applications for payment in an electronic format through
the DC Vendor Portal, https://vendorportal.dc.gov.
G.2.2 Unless otherwise specified in the Contract, the Contractor shall submit proper invoices on a
monthly basis.
G.2.3 To constitute a proper invoice, the Contractor shall enter all required information into the Portal
after selecting the applicable purchase order number listed on the Contractor’s profile.
G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT
G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and First Source
Employment Agreement requirements, the final request for payment must be accompanied by the
report or a waiver of compliance discussed in section H.5.5.
G.3.2 The District shall not make final payment to the Contractor until the agency CFO has received the
CO’s final determination or approval of waiver of the Contractor’s compliance with 51% District
Residents New Hires Requirements and First Source Employment Agreement requirements.
G.4 PAYMENT
G.4.1 ORDERING CLAUSE
G.4.2 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.
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G.4.3 All delivery orders or task orders are subject to the terms and conditions of this contract. In
the event of a conflict between a delivery or task order and this contract, the contract shall
control.
G.4.4 If mailed, a delivery order or task order is considered "issued" when the District deposits it in
the mail. Orders may be issued by facsimile or electronic commerce methods.
G.5 ASSIGNMENT OF CONTRACT PAYMENTS
G.5.1 In accordance with 27 DCMR 3250, the Contractor may assign to a bank, trust company, or other
financing institution funds due or to become due as a result of the performance of this contract.
G.5.2 Any assignment shall cover all unpaid amounts payable under this contract and shall not be made
to more than one party.
G.5.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is required
to prepare invoices. Where such an assignment has been made, the original copy of the invoice
must refer to the assignment and must show that payment of the invoice is to be made directly to
the assignee as follows:
“Pursuant to the instrument of assignment dated ___________, make payment of this invoice to
(name and address of assignee).”
G.6 THE QUICK PAYMENT ACT
G.6.1 Interest Penalties to Contractors
G.6.1.1 The District will pay interest penalties on amounts due to the Contractor under the Quick Payment
Act, D.C. Official Code § 2-221.01 et seq., as amended, for the period beginning on the day after
the required payment date and ending on the date on which payment of the amount is made. Interest
shall be calculated at the rate of at least 1% per month. No interest penalty shall be paid if payment
for the completed delivery of the item of property or service is made on or before the required
payment date. The required payment date shall be:
G.6.1.1.1 The date on which payment is due under the terms of this contract.
G.6.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of delivery of meat or
meat food products.
G.6.1.1.3 30 calendar days, excluding legal holidays, after receipt of a proper invoice for the amount of
the payment due.
G.6.1.2 No interest penalty shall be due to the Contractor if payment for the completed delivery of goods
or services is made on or before:
G.6.1.2.1 15th day after any other required payment date.
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G.6.1.3 Any amount of an interest penalty that remains unpaid at the end of any 30-day period shall be
added to the principal amount of the debt, and thereafter interest penalties shall accrue on the
added amount.
G.6.2 Payments to Subcontractors
G.6.2.1 The Contractor shall take one of the following actions within seven (7) days of receipt of any
amount paid to the Contractor by the District for work performed by any subcontractor under
the contract:
G.6.2.1.1 Pay the subcontractor(s) for the proportionate share of the total payment received from the
District that is attributable to the subcontractor(s) for work performed under the contract; or
G.6.2.1.2 Notify the CO and the subcontractor(s), in writing, of the Contractor’s intention to withhold all
or part of the subcontractor’s payment and state the reason for the nonpayment.
G.6.2.2 The Contractor shall pay subcontractors or suppliers interest penalties on amounts due to the
subcontractor or supplier beginning on the day after the payment is due and ending on the date
on which the payment is made. Interest shall be calculated at the rate of at least 1% per month.
No interest penalty shall be paid on the following if payment for the completed delivery of the
item of property or service is made on or before the:
G.6.2.2.1 3rd day after the required payment date for meat or a meat product.
G.6.2.2.2 5th day after the required payment date for an agricultural commodity; or
G.6.2.2.3 15th day after any other required payment date.
G.6.2.3 Any amount of an interest penalty that remains unpaid by the Contractor at the end of any 30-
day period shall be added to the principal amount of the debt to the subcontractor, and thereafter
interest penalties shall accrue on the added amount.
G.6.2.4 A dispute between the Contractor and subcontractor relating to the amounts or entitlement of a
subcontractor to a payment or a late payment interest penalty under the Quick Payment Act
does not constitute a dispute to which the District is a party. The Dis trict may not be
interpleaded in any judicial or administrative proceeding involving such a dispute.
G.6.3 Subcontract requirements
G.6.3.1 The Contractor shall include in each subcontract under this contract a provision requiring the
subcontractor to include in its contract with any lower -tier subcontractor or supplier the
payment and interest clauses required under paragraphs (1) and (2) of D.C. Official Code § 2-
221.02(d).
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G.6.3.2 The Contractor shall include in each subcontract under this contract a provision that obligates
the Contractor, at the election of the subcontractor, to participate in negotiation or mediation as
an alternative to administrative or judicial resolution of a dispute between them.
G.7 CONTRACTING OFFICER (CO)
Contracts will be entered into and signed on behalf of the District only by contracting officers.
The contact information for the Contracting Officer is:
LaVeta Hilton
Deputy Chief Procurement Officer
Contracts and Acquisitions Division
District of Columbia Public Schools
1200 First Street, NE, 9th floor.
Washington, DC 20002
Phone:202-442-5136
E-mail: 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 ADMINISTRATOR (CA)
G.9.1 The CA is responsible for general administration of the contract and advising the CO as to the
Contractor’s compliance or noncompliance with the contract . The CA has the responsibility of
ensuring the work conforms to the requirements of the contract and such other responsibilities and
authorities as may be specified in the contract. These include:
G.9.1.1 Keeping the CO fully informed of any technical or contractual difficulties encountered during the
performance period and advising the CO of any potential problem areas under the contract;
G.9.1.2Coordinating 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;
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G.9.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and services. This
includes the timely processing of invoices and vouchers in accordance with the District’s payment
provisions; and
G.9.1.5 Maintaining a file that includes all contract correspondence, modifications, records of inspections
(site, data, equipment), and invoices or vouchers.
G.9.2 The address and telephone number of the CA are:
Anne DeCorte
Director, Employee Services
District of Columbia Public Schools
1200 First Street NE, 12th Floor.
Washington, DC, 20002
C: 202.297.1048
E: anne.decorte@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 will be fully responsible for any changes not authorized in advance, in writing, by
the CO; may be denied compensation or other relief for any additional work performed that is not
so authorized; and may also be required, at no additional cost to the District, to take all corrective
action necessitated by reason of the unauthorized changes.
SECTION H: SPECIAL CONTRACT REQUIREMENTS
H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES
H.1.1 For all new employment resulting from this contract or subcontracts hereto, as defined in
Mayor’s Order 83-265 and implementing instructions, the Contractor shall use its best efforts to
comply with the following basic goal and objectives for utilization of bona fide residents of the
District of Columbia in each project’s labor force:
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.
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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.1.3 If a contractor has one or more contracts to provide information technology work to the District valued at
$500,000 or more during a 12-month period, the contractor is required to register an apprenticeship
program with the DC Apprenticeship Council through the DOES Office of Apprenticeship. The prime
contractor shall include this provision its subcontracts under those contracts.
H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS
The Contractor shall be bound by the Wage Determination No.35, dated 12/03/2025___, 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;
(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
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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.
H.4.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties as
described in the Act.
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H.5 51% DISTRICT RESIDENTS’ NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT
Delete Article 35, 51% District Residents New Hires Requirements and First Source
Employment Agreement, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts, and substitute the following
Section H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST
SOURCE EMPLOYMENT AGREEMENT in its place:
H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT
H.5.1 For contracts for services in the amount of $300,000 or more, the Contractor shall comply with
the First Source Employment Agreement Act of 1984, as amended, D.C. Official Code § 2-
219.01 et seq. (First Source Act).
H.5.2 The Contractor shall enter into and maintain during the term of the contract, a First Source
Employment Agreement (Employment Agreement) with the District of Columbia Department of
Employment Services (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 DOES' approval.
H.5.4 The Contractor agrees that at least 51% of the new employees hired to perform the contract shall
be District residents.
H.5.5 The Contractor’s hiring and reporting requirements under the First Source Act and any rules
promulgated thereunder shall continue for the term of the contract.
H.5.6 The CO may impose penalties, including monetary fines of 5% of the total amount of the direct
and indirect labor costs of the contract, for a willful breach of the Employment Agreement,
failure to submit the required hiring compliance reports, or deliberate submission of falsified
data.
H.5.7 If the Contractor does not receive a good faith waiver, the CO may also impose an additional
penalty equal to 1/8 of 1% of the total amount of the direct and indirect labor costs of the
contract for each percentage by which the Contractor fails to meet its hiring requirements.
H.5.8 Any contractor that violates, more than once within a 10-year timeframe, the hiring or reporting
requirements of the First Source Act shall be referred to for debarment for not more than five (5)
years.
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H.5.9 The contractor may appeal any decision of the CO pursuant to this clause to the D.C. Contract
Appeals Board as provided in clause 14 of the SCP, Disputes, as supplemented and modified
by this Contract.
H.5.10 The provisions of the First Source Act do not apply to nonprofit organizations that employ 50
employees or fewer.
H.6 RESERVED
H.7 RESERVED
H.8 RESERVED
H.9 SUBCONTRACTING REQUIREMENTS
H.9.1 Mandatory Subcontracting Requirements
H.9.1.1 For all contracts in excess of $250,000, at least 35% of the dollar volume of the contract shall
be subcontracted to qualified small business enterprises (SBEs).
H.9.1.2 If there are insufficient SBEs to completely fulfill the requirement of paragraph H.9.1.1, then
the subcontracting may be satisfied by subcontracting 35% of the dollar volume to any qualified
certified business enterprises (CBEs); provided, however, that all reasonable efforts shall be
made to ensure that SBEs are significant participants in the overall subcontracting work.
H.9.1.3 A prime contractor that is certified by DSLBD as a small, local , or disadvantaged business
enterprise shall not be required to comply with the provisions of sections H.9.1.1 and H.9.1.2.
H.9.1.4 Except as provided in H.9.1.5 and H.9.1.7, a prime contractor that is a CBE and has been granted
a bid preference pursuant to D.C. Official Code § 2 -218.43, or is selected through a set -aside
program, shall perform at least 35% of the contracting effort with its own organization and
resources and, if it subcontracts, 35% of the subcontracting effort shall be with CBEs. A CBE
prime contractor that performs less than 35% of the contracting effort shall be subject to
enforcement actions under D.C. Official Code § 2-218.63.
H.9.1.5 If the prime contractor is a certified joint venture and has been granted a bid preference pursuant
to D.C. Official Code § 2-218.43, or is selected through a set-aside program, the CBE member
of the certified joint venture shall perform at least 50% of th e contracting effort with its own
organization and resources and, if it subcontracts, 35% of the subcontracting effort shall be with
CBEs. If the CBE member of the certified joint venture prime contractor performs less than
50% of the contracting effort, the certified joint venture shall be subject to enforcement actions
under D.C. Official Code § 2-218.63.
H.9.1.6 Each CBE utilized to meet these subcontracting requirements shall perform at least 35% of its
contracting effort with its own organization and resources.
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H.9.1.7 A prime contractor that is a CBE and has been granted a bid preference pursuant to D.C. Official
Code § 2-218.43, or is selected through a set -aside program, shall perform at least 50% of the
on-site work with its own organization and resources if the contract is $1 million or less.
H.9.2 Subcontracting Plan
If the prime contractor is required to subcontract under this contract, it shall submit a
subcontracting plan as part of the bid, and it may only be amended after award with the prior
written approval of the CO and Director of DSLBD. Any reduction in the dollar volume of the
subcontracted portion resulting from an amendment of the plan afterward shall inure to the benefit
of the District
Each subcontracting plan shall include the following:
(1) The name and address of each subcontractor;
(2) A current certification number of the small or certified business enterprise;
(3) The scope of work to be performed by each subcontractor; and
(4) The price that the prime contractor will pay each subcontractor.
H.9.3 Copies of Subcontracts
Within twenty-one (21) days of the date of award, the Contractor shall provide fully executed
copies of all subcontracts identified in the subcontracting plan to the CO, CA, District of Columbia
Auditor and the Director of DSLBD.
H.9.4 Subcontracting Plan Compliance Reporting
H.9.4.1 The Contractor shall submit a quarterly report to the CO, CA, District of Columbia Auditor
and the Director of DSLBD. The quarterly report shall include the following information for
each subcontract identified in the subcontracting plan:
(A) The price that the prime contractor will pay each subcontractor under the subcontract;
(B) A description of the goods procured, or the services subcontracted for;
(C) The amount paid by the prime contractor under the subcontract; and
(D) A copy of the fully executed subcontract, if it was not provided with an earlier quarterly
report.
H.9.4.2 If the fully executed subcontract is not provided with the quarterly report, the prime contractor
will not receive credit toward its subcontracting requirements for that subcontract.
H.9.5 Annual Meetings
Upon at least 30 days' written notice provided by DSLBD, the Contractor shall meet annually with
the CO, CA, District of Columbia Auditor, and the Director of DSLBD to provide an update on its
subcontracting plan.
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H.9.6 Notices
The Contractor shall provide written notice to the DSLBD and the District of Columbia Auditor
upon commencement of the contract and when the contract is completed.
H.9.7 Enforcement and Penalties for Breach of Subcontracting Plan
H.9.7.1 A contractor shall be deemed to have breached a subcontracting plan required by law, if the
contractor (i) fails to submit subcontracting plan monitoring or compliance reports or other
required subcontracting information in a reasonably timely manner; (ii) submits a monitoring
or compliance report or other required subcontracting information containing a materially false
statement; or (iii) fails to meet its subcontracting requirements.
H.9.7.2 A contractor found to have breached its subcontracting plan for utilization of CBEs in the
performance of a contract shall be subject to the imposition of penalties, including monetary
fines in accordance with D.C. Official Code § 2-218.63.
H.9.7.3 If the CO determines the Contractor’s failure to be a material breach of the contract, the CO
shall have cause to terminate the contract under the default provisions in clause 8 of the SCP,
Default.
H.10 FAIR CRIMINAL RECORD SCREENING
H.10.1 The Contractor shall comply with the provisions of the Fair Criminal Record Screening
Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20 -152) (“Act” as used in
this section). This section applies to any employment, including employment on a t emporary
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 n ot 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;
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(b) To a position designated by the employer as part of a federal or District government
program or obligation that is designed to encourage the employment of those with criminal
histories.
(c) To any facility or employer that provides programs, services, or direct care to, children,
youth, or vulnerable adults; or
(d) To employers that employ less than 11 employees.
H.10.6 A person claiming to be aggrieved by a violation of the Act may file an administrative
complaint with the District of Columbia Office of Human Rights, and the Commission on
Human Rights may impose monetary penalties against the Contractor.
H.11 DISTRICT RESPONSIBILITIES
H.11.1 Every three months (quarterly), DCPS will evaluate the Contractor’s performance and compliance
with the contract in accordance with the established performance evaluation form.
H.11.2 Assuring the Contractor has access to the facilities, as needed.
H.12 CONTRACTOR RESPONSIBILITIES
See Section C.5
H.13 CRIMINAL BACKGROUND AND TRAFFIC RECORDS CHECKS FOR
CONTRACTORS THAT PROVIDE DIRECT SERVICES TO CHILDREN OR YOUTH
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:
• Any position that enters the school building.
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 in the course of performing his or her duties. The Contractor shall
request traffic records for the following positions:
• N/A
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.
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H.12.4 The Contractor shall inform all applicants requiring a traffic records check that a traffic records
check must be conducted on the applicant before the applicant may be offered a compensated
position or a volunteer position.
H.13.5 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.
(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.13.6 The Contractor shall inform each applicant, employee and unsupervised volunteer that a false
statement may subject them to criminal penalties.
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H.13.7 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 in sanity
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.13.8 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.13.9 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.13.10The 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.13.11The Contractor shall provide copies of all criminal background and traffic check reports to the
CA within one business day of receipt.
H.13.12The Contractor shall pay for the costs for the criminal background and traffic record checks,
pursuant to the requirements set forth by the MPD and DMV. The District shall not make any
separate payment for the cost of criminal background and traffic record checks.
H.13.13The 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.
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H.13.14The 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.13.15 The 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 no t guilty by
reason of insanity for any sexual offenses involving a minor.
H.13.16 Unless otherwise specified herein, t he Contractor shall conduct periodic criminal background
checks upon the exercise of each option year of this contract for current employees and
unsupervised volunteers in the positions listed in sections H.10.1.
H.13.17An 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.13.18The 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.13.19If 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 deni al to the Commission on Human Rights
within thirty (30) days of the determination.
H.13.20Criminal 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 per son, except as directed by
the CO.
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
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Continuation of this contract beyond the current fiscal year is contingent upon future fiscal
appropriations.
I.3 CONFIDENTIALITY OF INFORMATION
The Contractor shall keep all information relating to any employee or customer of the District in
absolute confidence and shall not use the information in connection with any other matters; nor
shall it disclose any such information to any other person, firm or corporation, in accordance with
the District and federal laws governing the confidentiality of records.
I.4 TIME
Time, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless
otherwise stated herein.
I.5 RIGHTS IN DATA
Delete clause 42, Rights in Data, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts , and substitute the following
clause 42, Rights in Data in its place:
A. Definitions
1. “Products” - A deliverable under any contract that may include commodities, services and/or
technology furnished by or through Contractor, including existing and custom Products, such as,
but not limited to: a) recorded information, regardless of form or the media on which it may be
recorded; b) document research; c) experimental, developmental, or engineering work; d) licensed
software; e) components of the hardware environment; f) printed materials (including but not
limited to training manuals, system and user do cumentation, reports, drawings); g) third party
software; h) modifications, customizations, custom programs, program listings, programming
tools, data, modules, components; and i) any intellectual property embodied therein, whether in
tangible or intangible form, including but not limited to utilities, interfaces, templates, subroutines,
algorithms, formulas, source code, and object code.
2. “Existing Products” - Tangible Products and intangible licensed Products that exist prior to the
commencement of work under the contract. Existing Products must be identified on the Product
prior to commencement of work or else will be presumed to be Custom Products.
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
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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 (incl uding
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 D istrict as part of Contractor’s bid that adaptation
will violate existing agreements or statutes and Contractor demonstrates such to the District’s
satisfaction), and distribute Existing Product to District users up to the license capacity stated in
the contract with all license rights necessary to fully effect the general business purpose of the
project or work plan or contract. Licenses shall be granted in the name of the District. The District
agrees to reproduce the copyright notice and any other legen d 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 a nd interest in Custom Products , whether
preliminary, final or otherwise, including all patent, trademark, and copyrights. Contractor hereby
agrees to take all necessary and appropriate steps to ensure that the Custom Products are protected
against unauthorized copying, reproduction and marketing by or through Contractor.
C. Transfers or Assignments of Existing or Custom Products by the District
The District may transfer or assign Existing or Custom Products and the licenses thereunder to
another District agency. Nothing herein shall preclude the Contractor from otherwise using the
related or underlying general knowledge, skills, ideas, concepts, techniques and experience
developed under a project or work plan in the course of Contractor’s business.
D. Subcontractor Rights
Whenever any data, including computer software, are to be obtained from a subcontractor under
the contract, the Contractor shall use this clause, Rights in Data , in the subcontract, without
alteration, and no other clause shall be used to enlarge or diminish the District’s or the Contractor’s
rights in that subcontractor data or computer software which is required for the District.
E. Source Code Escrow
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,
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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 deposi ted 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 wit h 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 the escrow to the District in writing.
F. Indemnification and Limitation of Liability
The Contractor shall indemnify and save and hold harmless the District, its officers, agents and
employees acting within the scope of their official duties against any liability, including costs and
expenses, (i) for violation of proprietary rights, copyrights, or rights of privacy, arising out of the
publication, translation, reproduction, delivery, performance, use or disposition of any data
furnished under this contract, or (ii) based upon any data furnished under this contract, or based
upon libelous or other unlawful matter contained in such data.
I.6 OTHER CONTRACTORS
The Contractor shall not commit or permit any act that will interfere with the performance of work
by another District contractor or by any District employee.
I.7 SUBCONTRACTS
The Contractor hereunder shall not subcontract any of the Contractor’s work or services to any
subcontractor without the prior written consent of the CO. Any work or service so subcontracted
shall be performed pursuant to a subcontract agreement, which th e 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
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A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and maintain,
during the entire period of performance under this contract, the types of insurance specified below.
The Contractor shall submit a Certificate of Insurance to the Contracting Officer (CO) giving
evidence of the required coverage prior to commencing performance under this contract. In no
event shall any work be performed until the required Certificates of Insurance signed by an
authorized representative of the insurer(s) have been provided to, and accepted by, the CO.
If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits than the
minimums shown below, the District requires and shall be entitled to the broader coverage and/or
the higher limits maintained by the Contractor and subcontractors.
B. INSURANCE REQUIREMENTS
1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide evidence
satisfactory to the CO with respect to the services performed that it carries a CGL policy, written
on an occurrence (not claims-made) basis, on Insurance Services Office, Inc. (“ISO”) form CG 00
01 04 13 (or another occurrence -based form with coverage at least as broad and approved by the
CO in writing), covering liability for all ongoing and completed operations of the Contractor and
under all subcontracts, covering cla ims 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 occu rrence, $2,000,000 general aggregate,
$2,000,000 products and completed operations aggregate, and $1,000,000 personal and advertising
injury aggregate limit.
The Commercial General Liability shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage using ISO
form CG 2010 0413 and CG2037 04 13 (or its equivalent) to The Government of the
District of Columbia
b) Coverage available to the additional insureds shall apply on a primary and non -
contributing basis as respects any other insurance, deductibles, or self -insurance
available to the additional insureds
c) A waiver of subrogation in favor of The Government of the District of Columbia
d) Any Annual Aggregate shall apply on a per location or per project basis
e) Defense costs shall be in addition to and not erode the limits of liability.
2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory to the CO of
commercial (business) automobile liability insurance written on ISO form CA 00 01 10 13 (or
another form with coverage at least as broad and approved by the CO in writing) including
coverage for all owned, hired, borrowed and non -owned vehicles and equipment used by the
Contractor in connection with work under this agreement, with a minimum combined single limit
of $1,000,000. Such policy or policies of automo bile liability insurance shall be written on an
"occurrence" (as opposed to a "claims made") basis.
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The Commercial Auto Liability policy shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage to The
Government of the District of Columbia
b) Coverage available to the additional insureds shall apply on a primary and non -
contributing basis as respects any other insurance, deductibles, or self -insurance
available to the additional insureds
c) A waiver of subrogation in favor of The Government of the District of Columbia
d) Defense costs shall be in addition to and not erode the limits of liability
e) If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened Coverage
for Covered Autos - Business Auto, Motor Carrier, and Truckers (or its equivalent)
f) Moving and Storage Companies shall be required to provide evidence of BMC91 or
BMC91X filing.
For Contractors providing transportation:
Contractors providing transportation must additionally comply with the following:
a) Operators holding a restricted WMATC Certificate of Authority must have a single
limit of $1.5 million in combined (bodily injury and physical damage) coverage, or
b) Operators holding an unrestricted WMATC Certificate of Authority must have a single
limit of $5M in combined (bodily injury and physical damage) coverage.
In addition, both types of WMATC certificate holders must have in place the following Licensing
Requirements as applicable:
a) Commercial Driver’s License (CDL) with the following endorsements:
i) P (Passenger): All drivers MUST have a P endorsement enabling them to transport
passengers (16 or more).
ii) S (School Bus): All drivers operating school buses (flashing lights, swing arm w/stop
sign) must also have an S endorsement. Please note that driver credentials for any
vehicles that are converted school buses must have S.
b) Valid (unexpired) US Department of Transportation Medical Examiner Certification
(“Medical Card”).
For Contractors using District Government-Owned Vehicles:
Agencies that provide Contractors with District Government -owned or leased motor vehicles are
responsible for ensuring that such vehicles are used only for the performance under this
Contract. Contractor and its subcontractors are prohibited from using such vehicles for home-to-
work transportation unless specifically provided for under the terms of the contract and approved
in writing by the Contracting Officer or otherwise provided by law. Contractor shall obtain
automobile liability insurance with a min imum combined single limit of $1,000,000 to cover
bodily injury and property damage to protect the Contractor and the District Government against
third-party claims arising from the use of District Government-owned vehicles. The Commercial
Auto Liability Policy shall be endorsed to include:
a) To the fullest extent permitted by law, provide additional insured coverage to The
Government of the District of Columbia;
b) Coverage available to the additional insureds shall apply on a primary and non -
contributing basis as respects any other insurance, deductibles, or self -insurance
available to the additional insureds; and
c) A waiver of subrogation in favor of the Government of the District of Columbia.
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In the event of loss, destruction, or damage to any government -owned vehicles used in the
performance of the contract, Contractor shall be liable for the full cost of repair or replacement of
the lost, destroyed, or damaged vehicle.
3. Workers’ Compensation Insurance - The Contractor shall provide evidence satisfactory to the CO
of Workers’ Compensation insurance in accordance with the statutory mandates of the District of
Columbia or the jurisdiction in which the contract is performed.
Employer’s Liability Insurance - The Contractor shall provide evidence satisfactory to the CO of
employer’s liability insurance as follows: $500,000 per accident for injury; $500,000 per employee
for disease; and $500,000 for policy disease limit.
The Workers Compensation and Employers Liability shall be further endorsed to:
a) Include a Waiver of Subrogation in favor of The Government of the District of Columbia.
b) Where applicable, include United States Longshore and Harbor Workers Compensation
Act (USL&H)
c) Where applicable, include Jones Act Coverage for seamen or crew members on an “if any”
basis.
4. Media Liability and Network Security/Privacy (Cyber) Liability Insurance covering acts, errors,
omissions, and violation of any consumer protection laws arising out of 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 consum er protection laws, unauthorized access and/or use or other intrusions,
infringement of any intellectual property rights (except patent), negligence or breach of duty to
use reasonable care, breach of any duty of confidentiality, invasion of privacy, or violations of any
other legal protections for personal information, defamation, libel, slander, commercial
disparagement, negligent transmission of computer virus, or use of computer networks in
connection with denial of service attacks. Such coverage shall include regulatory defense and
fines/penalties in any jurisdiction anywhere in the world. Such coverage shall include contractual
privacy coverage for data breach response and crisis management costs that would be incurred by
Contractor on behalf of The Government of the District of Columbia in the event of a data breach
including legal and forensic expenses, notification costs, credit monitoring costs, and costs to
operate a call center. Contractor shall maintain coverage in force during the term of this Agreement
and for an extended reporting period of not less than two (2) years after.
5. 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 profess ional 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.
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6. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence satisfactory to
the CO of commercial umbrella with minimum limits of $5,000,000 per occurrence and
$5,000,000 in the annual aggregate. Coverage must excess of required commercial general
liability, commercial auto lia bility, and employers’ liability. The insurance required under this
paragraph shall be written in a form that annually reinstates all required limits. Coverage shall be
primary to any insurance, self -insurance or reinsurance maintained by The Government of the
District of Columbia and the “other insurance” provision must be amended in accordance with this
requirement and principles of vertical exhaustion.
C. SUBCONTRACTOR INSURANCE REQUIREMENTS
Any and all subcontractors engaged by Contractor for work under this agreement shall be required
to have the same insured required of Contractor. Should the Contractor wish to propose different
insurance requirements for the subcontractor than the ones outlined in the Contract, 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 to the CO. The CO will promptly
provide in writing to the Contractor w ith a decision regarding the insurance requirements
applicable to the subcontractor. When requested by the CO, 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. Contractor and subcontractors are solely responsible for any
loss or damage to their personal property, including but not limited to tools and equipment,
scaffolding, and temporary structures, rented machinery, or owned and leased e quipment. A
waiver of subrogation shall apply in favor of The Government of the District of Columbia.
H. MEASURE OF PAYMENT . The Government of the District of Columbia shall not make any
separate measure or payment for the cost of insurance and bonds. The Contractor shall include all
the costs of insurance and bonds in the contract price.
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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 resul ts in Contractor no long complying with
the above requirements. The Contractor shall provide the CO with ten (10) days’ prior written
notice in the event of non-payment of premium. The Contractor will also provide the CO with an
updated Certificate of Insu rance should its insurance coverages renew during the contract. The
Government of the District of Columbia may reasonably change the above insurance coverage
requirements during the Term by giving Contractor at least 30 days’ notice of the change.
Contractor must comply, at your expense, and deliver to the CO evidence of compliance before
the change becomes effective.
J. CERTIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days after
execution of this Agreement, certificates of insurance evidencing the required insurance coverage
and endorsements required herein. Contractor must also provide us with evidence of rene wal
before the expiration date of each insurance policy. Contractor is responsible for providing us with
30 days advanced written notice if the certificate of insurance by the insurer has been canceled,
reduced in coverage, or otherwise altered . Certificates of insurance must reference the
corresponding contract number. Evidence of insurance shall be submitted to:
The Government of the District of Columbia
And mailed to the attention of:
LaVeta Hilton
Deputy Chief Procurement Officer,
Contracts and Acquisitions
District of Columbia Public Schools
1200 First Street, NE, 9th floor.
Washington, DC 20002
Phone:202-442-5136
E-mail: laveta.hilton@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 expir es 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.
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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 occurrenc e-based form with
coverage at least as broad). CO should collect, review for accuracy, and maintain all warranties
for goods and services.
I.9 EQUAL EMPLOYMENT OPPORTUNITY
In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order 85 -
85 dated June 10, 1985, the forms for completion of the Equal Employment Opportunity
Information Report are incorporated herein as Section J.3. An award cannot be made to any bidder
who has not satisfied the equal employment requirements.
I.10 ORDER OF PRECEDENCE
The contract awarded as a result of this IFB will contain the following clause:
ORDER OF PRECEDENCE
A conflict in language shall be resolved by giving precedence to the document in the highest order of
priority that contains language addressing the issue in question. The following documents are
incorporated into the contract by reference and made a part of the contract in the following order of
precedence:
(1) An applicable Court Order, if any
(2) Contract document
(3) Standard Contract Provisions
(4) Contract attachments other than the Standard Contract Provisions
(5) IFB, as amended
(6) Bid
I.11 DISPUTES
Delete clause 14, Disputes, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts and substitute the following
clause 14, Disputes, in its place:
14. Disputes
All disputes arising under or relating to the contract shall be resolved in accordance with this
agreement.
(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
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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 the Contractor provides in
support of the claim.
(4) The CO’s written decision shall do the following:
i. Provide a description of the claim or dispute;
ii. Refer to the pertinent contract terms;
iii. State the factual areas of agreement and disagreement.
iv. State the reasons for the decision, including any specific findings of fact, although
specific findings of fact are not required and, if made, shall not be binding in any
subsequent proceeding;
v. If all or any part of the claim is determined to be valid, determine the amount of
monetary settlement, the contract adjustment to be made, or other relief to be
granted;
vi. Indicate that the written document is the CO’s final decision; and
vii. Inform the Contractor of the right to seek further redress by appealing the decision
to the Contract Appeals Board.
(5) Failure by the CO to issue a decision on a contract claim within 120 days of receipt of the
claim will be deemed to be a denial of the claim, and will authorize the commencement of
an appeal to the Contract Appeals Board as provided by D.C. Official Code § 2-360.04.
(6) If a contractor is unable to support any part of its claim and it is determined that the
inability is attributable to a material misrepresentation of fact or fraud on the part
of the Contractor, the Contractor shall be liable to the District for an amount equal
to the unsupported part of the claim in addition to all costs to the District attributable
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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 c ontract. 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.
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.
(2) The CO shall support the decision by reasons and shall inform the
Contractor of its rights as provided herein.
(3) Before or after issuing the decision, the CO may meet with the Contractor to
attempt to resolve the claim by agreement.
(4) 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.
(5) This paragraph shall not authorize the CO to settle, compromise, pay, or otherwise
adjust any claim involving fraud.
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(c) Decisions of the CO shall be final and not subject to review unless the Contractor timely
commences an administrative appeal for review of the decision by filing a complaint with
the Contract Appeals Board, as authorized by D.C. Official Code § 2-360.04.
(d) Pending final decision of an appeal, action, or final settlement, the Contractor shall
proceed diligently with performance of the contract in accordance with the decision
of the CO.
I.12 CHANGES
Delete clause 15, Changes, of the Standard Contract Provisions dated July 2010 for use
with District of Columbia Government Supplies and Services Contracts and substitute the
following clause 15, Changes, in its place:
15. Changes
(a) The CO may, at any time, by written order, and without notice to the surety, if any, make
changes in the contract within the general scope hereof. If such a 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 (1 0) days from the date the
change is ordered; provided, however, that the CO, if he or she determin es that the facts
justify such action, may receive, consider, and adjust any such claim asserted at any time
prior to the date of final settlement of the contract. If the parties fail to agree upon the
adjustment to be made, the dispute shall be determined as provided in clause 14 Disputes.
(b) The District shall not require the Contractor, and the Contractor shall not require a
subcontractor, to undertake any work that is beyond the original scope of the contract or
subcontract, including work under a District-issued change order, when the additional work
increases the contract price beyond the not -to-exceed price or negotiated maximum price
of the contract, unless the CO:
(1) Agrees with the Contractor, and if applicable the subcontractor, on a price for the
additional work;
(2) Obtains a certification of funding to pay for the additional work;
(3) Makes a written, binding commitment with the Contractor to pay for the additional
work within thirty (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 five (5) business days of its receipt of notice of the approved additional
funding, provide the subcontractor with notice of the amount to be paid to the
subcontractor for the additional work to be performed by the subcontractor.
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(2) Pay the subcontractor any undisputed amount to which the subcontractor is entitled
for the additional work within ten (10) days of receipt of payment from the District;
and
(3) Notify the subcontractor and CO in writing of the reason(s) the Contractor withholds
any payment from a subcontractor for the additional work.
(d) Neither the District, Contractor, nor any subcontractor may declare another party to be in
default, or assess, claim, or pursue damages for delays until the parties agree on a price for
the additional work.
I.13 NON-DISCRIMINATION CLAUSE
Delete clause 19, Non-Discrimination Clause, of the Standard Contract Provisions dated July 2010
for use with District of Columbia Government Supplies and Services Contracts and substitute the
following clause 19, Non-Discrimination Clause, in its place:
19. Non-Discrimination Clause:
(a) The Contractor shall not discriminate in any manner against any employee or applicant for
employment that would constitute a violation of the District of Columbia Human Rights Act,
effective December 13, 1977, as amended (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et
seq.) (“Act”, as used in this clause). The Contractor shall include a similar clause in all
subcontracts, except subcontracts for standard commercial supplies or raw materials. In
addition, the Contractor agrees, and any subcontractor sh all 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 pro tected 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, person al appearance, sexual orientation, gender identity or
expression, family responsibilities, genetic information, disability,
matriculation, political affiliation, or credit information. The affirmative
action shall include, but not be limited to the following:
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(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 worke rs’ 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 threa tened with, litigation with a subcontractor or vendor as a
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result of such direction by the contracting agency, the Contractor may request the
District to enter into such litigation to protect the interest of the District.
I.14 COST AND PRICING DATA
Delete clause 25, Cost and Pricing Data, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts.
I.15 ESTIMATED QUANTITIES
The District intends to secure a contract for all of the needs of the designated agencies for items
specified herein, which may occur during the contract term. The District agrees that it will purchase
its requirements of the articles or services included herein from the Contractor. The articles or
services specified herein have a history of repeated use by District agencies. The quantities stated
in the IFB are the best available estimates. They shall not be construed to limit the quantities which
may be ordered from the Contractor by the District or to relieve the Contractor of his obligation to
fill all such orders. Orders will be placed from time to time, as needs arise, for delivery to the
ordering agency, all charges prepaid. The District does not guarantee to ord er any specific
quantities of any item(s) or work hours of service.
I.16 CAMPAIGN FINANCE REFORM
I.16.1 Mandatory Certification
I.16.1.1 The Contractor shall certify that it has read and is in compliance with the Campaign Finance
Reform Amendment Act of 2018, effective March 13, 2019 (D.C. Law 22-250; D.C. Official Code
§ 1-1001.03 et seq.). This certification is included in the Bidder/Offeror Certification Form.
I.16.1.2 The Contractor shall re -certify prior to the exercise of any option period that it has read and
complies with the Campaign Finance Reform Amendment Act of 2018, effective March 13, 2019
(D.C. Law 22-250; D.C. Official Code § 1 -1001.03 et seq.). This certification is included in the
Bidder/Offeror Certification Form.
I.16.2 Reporting Contractor’s Principals
Contractors shall inform the contracting officer of any change to its principals during the term of
the contract within thirty (30) days of its occurrence.
I.16.3 Prohibited Contributions
I.16.3.1 For contracts with a maximum aggregate value (the total sum of the contract ceiling for the base
period and any subsequent option periods) of between $250,000 and up to and including
$1,000,000 and a base period of performance of 1 year or less, neither th e Contractor nor any of
its principals may make any contribution to the Mayor, any candidate for Mayor, any political
committee affiliated with the Mayor or a candidate for Mayor, or any constituent-service program
affiliated with the Mayor for the period from the date of contract award through one year after the
contract ends or is terminated.
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I.16.3.2 For contracts with a maximum aggregate value (the total sum of the contract ceiling for the base
period and any subsequent option periods) of over $1,000,000 or with a base period of longer than
1 year, neither the Contractor nor any of its principals may make any contribution to the Mayor,
any candidate for Mayor, any political committee affiliated with the Mayor or a candidate for
Mayor, any constituent -service program affiliated with the Mayor, any Councilmember, any
candidate for Councilmember, any political committee affiliated with a Councilmember or a
candidate for Councilmember, or any constituent -service program affiliated with a
Councilmember for the period from the date of contract award through one year after the contract
ends or is terminated.
I.17. AMERICANS WITH DISABILITIES ACT of 1990 (ADA)
During performance of the contract, the Contractor and all subcontractors shall comply with the
ADA. The ADA makes it unlawful to discriminate in employment against a qualified individual
with a disability. Contractors providing public transportation shall comply with Title II of the
ADA. Contractors providing public accommodation shall comply with Title III of the ADA.
Contractors providing telecommunication shall comply with Title IV of the ADA. See 42 U.S.C.
§ 12101 et seq
SECTION J: ATTACHMENTS
The following list of attachments is incorporated into the solicitation by reference.
Attach
ment
Num
ber
Document
To Be
Submitted
with Bid
J.1
Government of the District of Columbia Standard Contract Provisions for Use
with the Supplies and Services Contracts (July 2010),
available at www.ocp.dc.gov, under Opportunities, click on “Required
Solicitation Documents.
No
J.2
U.S. Department of Labor Wage Determination No.: 2020-0083
Revision No.: 35, Date of Revision: 12/03/2025
No
J.3
Office of Local Business Development Equal Employment Opportunity
Information Report and Mayor’s Order 85-85
available at www.ocp.dc.gov, under Opportunities, click on “Required
Solicitation Documents.”
Yes
J.4 Department of Employment Services First Source Employment Agreement,
available at http://ocp.dc.gov, under Opportunities, click on “Required
Solicitation Documents.
Yes
J.5
Way to Work Amendment Act of 2006 - Living Wage Notice available at
http://ocp.dc.gov, under Opportunities, click on “Required Solicitation
Documents.
No
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J.6
Way to Work Amendment Act of 2006 - Living Wage Fact Sheet available at
http://ocp.dc.gov, under Opportunities, click on “Required Solicitation
Documents.
No
J.7
Tax Certification Affidavit available at http://ocp.dc.gov, under
Opportunities, click on “Required Solicitation Documents.
Yes
J.8 Bidder/Offeror Certification Form available at http://ocp.dc.gov, under
Opportunities, click on “Required Solicitation Documents.
Yes
J.9 Subcontracting Plan (if required by law) available at http://ocp.dc.gov, under
Opportunities, click on “Required Solicitation Documents.”
Yes