Proposed Contract No. CW129427 with Rhodeside and Harwell, Inc.

MURIELBOWSERMAYOR
June25,2026
HonorablePhilMendelson
‘Chairman
Councilofthe DistrictofColumbia
JohnA.WilsonBuilding
1350PennsylvaniaAvenue,NW, Suite504
Washington,DC 20004
Dear Chairman Mendelson:
Pursuanttosection451oftheDistrictofColumbiaHomeRuleAct(D.C.OfficialCode§ 1-204.51)andsection202oftheProcurementPracticesReformActof2010(D.C.OfficialCode§2-352.02),enclosedforconsiderationandapprovalbytheCounciloftheDistrictofColumbiaisproposeddefinitivemultiyearContractNo.CW129427withRhodesideandHarwell,Inc.inthe
not-to-exceedamountof$2,467,889.36.Theperiodofperformanceis24monthsfromthedateoftheaward,
Undertheproposedcontract,RhodesideandHarwell,Inc,willdevelopa setofdesignplansbasedontheKingmanandHeritageIslandsPlanningandFeasibilityStudyof2017.Theplanswill
includefullypermitted,bidreadydesignsofthetrails,boardwalks,andstructuralcomponentsoutlinedwithinthescopeofwork.TheplanswillbedevelopedinaccordancewiththeDistrictof
Columbia’sGreenBuildingActof2006,theDistrictofColumbia2013StormwaterManagementRuleandGuidebook,andtheDistrictofColumbiaDepartmentofTransportationstandardspecificationsforhighwaysandstructures.

My administrationisavailabletodiscussanyquestionsyoumayhaveregardingtheproposedcontract,Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasehaveyourstaffcontactMareScott, ChiefOperatingOfficer,Officeof Contractingand Procurement,at(202)724-
8759.
1 look forward to the Council’sfavorableconsiderationof thiscontract.
Sincerely,
Mfriel Bkwser
1

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement

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

COUNCIL CONTRACT SUMMARY
(Letter Contract)

(A) Contract Number: CW129427

Proposed Contractor: Rhodeside & Harwell Inc. (RHI)

Proposed Contractor’s Principals: Kevin Fisher

Contract Amount: Not-to-Exceed (NTE): $2,467,889.36
(Capital funds)
− NTE $990,000 (Letter Contract)
− NTE$1,477,889.36 (Proposed definitive contract)

Unit and Method of Compensation: Per completed task or deliverable

Term of Contract: March 9, 2026, through March 8, 2028
- Letter contract - March 9, 2026, through July 8, 2026

Type of Contract: Requirements contract

Source Selection Method: Request for Proposals (RFP)

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

Base Period Amount: NTE $2,467,889.36

Option Period One Amount: NTE $152,188.39
Explanation of difference from base period (if applicable): The base period contains 34 contract
line items and option period one contains nine contract line items for construction oversight.

Option Period Two Amount: NTE $227,925.10
2

Explanation of difference from base period (if applicable): The base period contains 34 contract
line items and option period two contains nine contract line items for construction oversight.

Option Period Three Amount: NTE $375,541.38
Explanation of difference from base period (if applicable): The base period contains 34 contract
line items and option period three contains nine contract line items for construction oversight.

(C) The date on which the letter contract or emergency contract was executed:

March 9, 2026.

(D) The number of times the letter contract or emergency contract has been extended:

Zero.

(E) The value of the goods and services provided to date under the letter contract or emergency
contract, including under each extension of the letter contract or emergency contract:

$990,000.00.

(F) A description of any other contracts the proposed contractor is currently seeking or holds
with the District:

The proposed contractor holds no other contracts.

(G) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:

A set of plans shall be developed based on the Kingman and Heritage Islands Planning and
Feasibility Study of 2017, and there is no significant program changes reflected in the proposed
contract.

(H) 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 FY24 Kingman and Heritage Islands Design request for proposal was issued to the open
market with a closing date of July 15, 2024, resulting in the submittal of six proposal responses,
which were evaluated for Proposed Methodology, Expertise and Experience, Past Performance, and
Proposed Project Team. RHI received the highest evaluation score among all offerors. After a round
of negotiation, the District determined that contractor’s revised price was deemed both responsible
and responsive.

(I) 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:
3

There is no protest

(J) 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:

RHI is a small, women-owned, multidisciplinary design firm with more than 35 years of experience
delivering resilient, people centered planning and design. Founded by planner Deana Rhodeside,
PhD, and landscape architects Faye Harwell, FASLA, and Elliot Rhodeside, FASLA, the firm has
grown into a 30person team of landscape architects, planners, urbanists, historians, mobility
specialists, designers, and horticulturists based in Alexandria, VA, and New York City.

RHI works across all project scales—from regional planning and site design to construction
documentation and administration—and is recognized for its strong public engagement,
collaborative approach, and ability to produce approvable, implementable plans. Their portfolio
includes nationally significant public realm projects, restored historic parks, revitalized urban
districts, ecological restoration efforts, and inclusive public spaces. According to their Dun &
Bradstreet report, RHI has a low-risk Attributes score, and their Supplier Risk scorecard confirms
adequate financial resources. The District has no information indicating that RHI is debarred,
suspended, or otherwise disqualified due to integrity or ethics concerns. RHI is registered in SAM
and in good standing.

(K) 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:

A total of $1,633,714.39, representing approximately 50.7 percent of the $3,223,544.23 total base
period contract amount, is subcontracted to seven Certified Business Enterprises (CBEs).

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

The goal of the project is to develop a set of designs based on phase 1 of the 2017 Kingman and
Heritage Island Planning and Feasibility Study for the conservation area swapping out the Ranger
Station for a boating pavilion and eliminating the area of repose. The set of designs, once
constructed, will guide the human experience in honor of natural resources, 100% designs for a set
of trails and constructed features (“elements”) to be contained in the set of designs, along with
permits for those elements. In addition, the Design Contractor shall produce 15% designs for a
Kingman Center. The purpose of the 15% design for the Kingman Center will be to assist the
community and city in envisioning a flagship center in the conservation area. These elements shall
include a system of interconnected trails and structural amenities that will support general
visitation, education, workforce development and volunteer programming as well as support
operations and maintenance functions for the trails, facilities, and continued habitat
restoration/management. The set of designs will be informed by DOEE staff along with an
4

ecological restoration plan currently in development through a separate initiative that will identify
and restore sensitive and ecologically noteworthy areas.

(M) 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:

$990,000.00 via a letter contract issued on March 9, 2026

(N) 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 Office of the Chief Financial Officer has certified that the proposed contract is consistent with
the financial plan and budget.

(O) A certification that the proposed contractor has been determined not to violate 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:

The contractor has certified in its bidder offeror certification that it has not been determined to have
violated 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 that
it is 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.

(P) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:

The contract action has been reviewed and determined to be legally sufficient. Additionally, the
proposed contractor has no pending legal claims against the District.

(Q) 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):

The Citywide Clean Hands certification indicates that RHI is compliant with its District taxes.

(R) 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:

5

The contractor certified in its bidder offeror form that it is current with its federal taxes.

(S) 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.:

RHI is not a certified local, small, or disadvantaged business enterprise.

(T) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:

None.

(U) 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:

The contractor remains in good standing and is not identified as debarred or suspended at either the
federal or District level.

Any determination and findings issued 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 Competitive Sealed Proposal
Determination and Findings for Price Reasonableness
Determination and Findings for Contractor Responsibility
Determination and Findings for Multi-Year Contract

(V) Where the contract, and any amendments or modifications, if executed, will be made
available online:

ocp.dc.gov

(W) Where the original solicitation, and any amendments or modifications, will be made available
online:

ocp.dc.gov

1101 4th Street, SW
Washington, DC 20024
Date of Notice: June 17, 2026 L0016734512Notice Number:
FEIN: **-***7827
Case ID: 19005040

Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
RHODESIDE AND HARWELL INC
510 KING ST STE 300
ALEXANDRIA VA 22314-3132

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
GOVERNMENT OF THE DISTRICT OF COLUMBIA Department of Energy and Environment
1200 First Street NE, 5th Floor, Washington, DC 20002 | (202) 535-2600 | doee.dc.gov

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 Secction

DATE: June 16, 2026

SUBJECT: Approval of FY24 Kingman and Heritage Islands Design Letter Contract
Contractor: Rhodeside & Harwell Inc.
Contract Number: CW129427
Proposed Contract Amount: NTE $2,467,889.36

This is to Certify that this Office has reviewed the proposed Contract and it is approved for legal
sufficiency with the condition that the merger clause language located in Section B.2.3 is removed by
modification.

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

______________________________
Robert Schildkraut

GOVERNMENT OF THE DISTRICT OF COLUMBIA Department of Energy and Environment
1200 First Street NE, 5th Floor, Washington, DC 20002 | (202) 535-2600 | doee.dc.gov

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 Secction

DATE: June 16, 2026

SUBJECT: Approval of FY24 Kingman and Heritage Islands Design Letter Contract
Contractor: Rhodeside & Harwell Inc.
Contract Number: CW129427
Proposed Contract Amount: NTE $2,467,889.36

This is to Certify that this Office has reviewed the proposed Contract and it is approved for legal
sufficiency with the condition that the merger clause language located in Section B.2.3 is removed by
modification.

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

______________________________
Robert Schildkraut

Page 2
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement

January 30, 2026
Kevin Fisher, Principal
Rhodeside & Harwell, Inc.
510 King Street, Suite 300
Alexandria, VA 22314

Subject: Letter Contract
CW129427 - FY24 Kingman and Heritage Islands Design

Dear Mr. Fisher,

This is a letter contract between the Government of the District of Columbia (“District”)
and Rhodeside & Harwell, Inc. wherein Contractor agrees to perform the above-captioned
services in accordance with those documents incorporated herein.

The District intends to definitize this letter contract within one hundred twenty (120) days of the
date this letter contract is signed by the Contracting Officer. If the District and the
Contractor agree in writing to the terms of a definitive contract within 120 days, this letter
contract shall merge with the definitive contract upon such agreement. If the District does not
definitize this letter contract within 120 days of the date of award of this letter contract or any
extensions thereof, this letter contract shall expire. The award of this letter contract and the
definitive contract shall be contingent on the availability of appropriate funds.
The District will pay the Contractor for the services performed under this letter contract in an
amount not-to-exceed (“NTE”) $990,000. In no event shall the amount paid under this letter
contract, or any extensions thereof, exceed $990,000. If the District and the Contractor
agree in writing to a definitive contract, the District will pay the Contractor for the services
performed during the duration of the definitive contract for an amount not to exceed
$2,467,889.36 for the base period of the proposed definitive contract. The proposed
definitive contract will require the prior approval of the Council of the District of Columbia
(“Council”).
The Contractor shall perform under this letter contract pursuant to the terms and conditions
outlined in the below attachment. The following attachments are incorporated in full text and
made part of this letter contract:

Attachment 1: Deliverables Table for Letter Contract
Attachment 2: Price Table

Page 2
L
etter Contract
FY24 Kingman and Heritage Islands Design
Contract No.: CW129427
Page 2 of 2
Si
gnatures:
Kevin Fisher, Principal Date
Tracy Crump Date
Contracting Officer
02/19/2026
03/09/2026
1

AWARD/CONTRACT
1. Caption Page of Pages
FY24 Kingman and Heritage Islands Design
1

78
2. Contract Number 3. Effective Date 4. Requisition/Purchase Request/Project No.
CW129427 SEE BLOCK 20C RK319902
5. Issued By: Code 6. Administered by (If other than line 5)
Office of Contracting and Procurement
Government of the District of Columbia
441 4th Street, N.W., Suite 700 South
Washington D.C. 20001
Department of Energy and Environment
Natural Resources Administration
1200 First Street, N.E., 5th Floor.
Washington, DC 20002
7. Name and Address of Contractor (No. street, city, county, state and Zip Code)

Rhodeside & Harwell, Inc.
510 King Street, Suite 300
Alexandria, VA 22314
Attn: Kevin Fisher, Principal
8. Delivery
FOB Origin Other (See Schedule Section F)
9. Discount for prompt payment
10. Submit invoices to the e-mail below:
https://vendorportal.dc.gov  Section
G.2
Code Facility
11. Ship to/Mark For Code 12. Payment will be made by Code
Department of Energy and Environment
Natural Resources Administration
1200 First Street, N.E., 5th Floor.
Washington, DC 20002
Office of the Chief Financial Officer
Government Services Cluster – Accounts Payable Division
2000 14th Street, N.W., 6th Floor.
Washington D.C. 20009
13. Reserved for future use 14. Accounting and Appropriation Data
ENCUMBRANCE CODE:
15A. Item 15B. Supplies/Services 15C. Qty. 15D. Unit 15E. Individual
Monthly Price
Per Client
15F.
Total Annual
Price
Section
B.3 B.3.1 BASE YEAR (24 MONTHS PERIOD) Lot
See Price Schedule
Section B.3
Not To Exceed (NTE)
$2,467,889.36.00

Total Amount of Contract $2,467,889.36.00
16. Table of Contents
(X) Section Description Page (X) Section Description Page
PART I – THE SCHEDULE PART II – CONTRACT CLAUSES
X A Award/Contract Cover Sheet 1 X I Contract Clauses 64
X B Supplies or Services and Price/Cost 2 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER
ATTACHMENTS
X C Description/Specifications/Work Statement 6 X J List of Attachments 78
X D Packaging and Marking 49 PART IV – REPRESENTATIONS AND INSTRUCTIONS
X E Inspection and Acceptance 49 K Representations, Certifications and Other Statements of
Offerors

X F Deliveries or Performance 49
X G Contract Administration data 53 L Instructions, conditions & notices to offerors
X H Special Contract Requirements 57 M Evaluation factors for award
Contracting Officer will complete Item 17 or 18 as applicable
17. ☒CONTRACTOR’S NEGOTIATED AGREEMENT (Contractor is
required to sign this document and return (1)copy to the issuing office.)
The contractor agrees to furnish and deliver all items, perform all the services
set forth or otherwise identified above and on any continuation sheets, for the
consideration stated herein. The rights and obligations of the parties to this
contract shall be subject to and governed by the following documents: (a) this
award/contract, (b) the solicitation, if any, and (c) such provisions,
representations, certifications, and specifications, as are attached or
incorporated by reference herein. (Attachments are listed herein.)
18. AWARD (Contractor is not required to sign this document.) Your offer on
Solicitation Number including the additions or changes made by which additions or
changes are set forth in full above, is hereby accepted as to the items listed above and on
any continuation sheets. This award consummates the contract which consists of the
following documents: (a) the Government’s solicitation and your offer, and (b) this
award/contract. No further contractual document is necessary.
19A. Name and Title of Signer (Type or print)

20A. Name of Contracting Officer
Tracy Crump
19B. Name of Contractor

(Signature of person authorized to sign)
19C. Date
Signed
20B. District of Columbia

(Signature of Contracting Officer)
20C. Date Signed
Government of the District of Columbia Office of Contracting and Procurement DC OCP 201 (7-99)
Kevin Fisher, Principal
06/15/26
CW129427: FY24 Kingman and Heritage Islands Design
2

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

B.1 The District of Columbia Office of Contracting and Procurement, on behalf of
Department of Energy and Environment (DOEE) (the “District”) is seeking a contractor
to develop a set of plans based on the Kingman and Heritage Islands Planning and
Feasibility Study of 2017 as outlined in Section C of this solicitation. The requirements
set forth herein contain the entire Project. Work shall be performed in accordance with
the District of Columbia support of the proposal laid forth in the Kingman Island and
Heritage Island Planning and Feasibility Study Act of 2016 (Section C.2, Item No.007).
The work shall be developed in concert with the goals of the 2015 Wildlife Action Plan
to achieve the goals in the Sustainable DC Plan (Section C.2, Items Nos. 001 and 009) in
accordance with the District of Columbia’s Green Building Act of 2006; the District of
Columbia 2013 Stormwater Management Rule and Guidebook; and the District of
Columbia Department of Transportation (DDOT) Standard Specifications for Highways
and Structures (Section C.2, Items No. 011). The work shall be compatible with the
findings of the Remedial Investigation Report, Anacostia River Sediment Project and the
Soil Pile Site Investigation Report for Kingman Island, Washington, DC (Section C.2,
Items No.004 and 005). The Contractor will work closely with DOEE to coordinate
approval of all phases of designs.

B.2 The District contemplates awarding of a single requirements contract in accordance
with 27 DCMR Chapter 2416. The Contractor shall be obligated to perform all of the
work necessary to complete the project in accordance with the deadlines specified, for
the contract price stated in Section B.3.

B.2.1 This is requirements contract for the supplies or services specified, and effective for the
period stated.

a) Delivery or performance shall be made only as authorized by orders issued in
accordance with the Ordering Clause, G.10. The Contractor shall furnish to the
District, when and if ordered, the supplies or services specified in the Schedule up to
and including the not to exceed of as designated in Sections B.3.1 through B.3.4
(Quantity Maximum column). The District will not exceed the maximum quantity
for each CLIN.

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

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

B.2.2 All items of the scope are possible scenarios as estimated by the District. “Ordering
Clause”
CW129427: FY24 Kingman and Heritage Islands Design
3
B.2.3 T he requirements listed below are a representation of what DOEE thinks will be
necessary in order to complete this project. Delivery or performance shall be made only
as authorized in accordance with the Ordering Clause, G.10. The District may issue task
orders requiring delivery to multiple destinations or performance at multiple locations.
a) There is no limit on the number of task orders that may be issued. The District may
issue task orders requiring delivery to multiple destinations or performance at multiple
locations.
b) Any task 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
task order. The contract shall govern the Contractor's and District's rights and
obligations with respect to that task order to the same extent as if the task order were
completed during the contract's effective period.
B
.3
B.3.1
PRICE SCHEDULE
BASE YEAR (24 Months from Date of Award)
Contract
Line-Item
Number
(CLIN)
Item Description
Quantity
Not to
Exceed
Price Per
Unit
Total Cost
Not to Exceed
0001
Determination of Current Project Area Characteristics,
including topo of LOD, Geotech of anticipated structural
facilities, and assessment of utility infrastructure alternatives
(C.5.3.3.1)
1 $145,884.92 $145,884.92
0002 NHPA Section 106 (C.5.3.3.2) for Revitalized Benning
Entrance (C.1.2.5.1) 1 $15,735.00 $15,735.00
0003 NHPA Section 106 (C.5.3.3.2) for Interconnected Trail
System (C.1.2.5.2) 1 $6,975.00 $6,975.00
0004 NHPA Section 106 (C.5.3.3.2) for Boating Classroom
(C.1.2.5.3) 1 $6,975.00 $6,975.00
0005 NHPA Section 106 (C.5.3.3.2) for Meadow Pavilion
(C.1.2.5.4) 1 $6,975.00 $6,975.00
0006 NHPA Section 106 (C.5.3.3.2) for FLOAT Classroom
(C.1.2.5.5) 1 $6,975.00 $6,975.00
0007 NHPA Section 106 (C.5.3.3.2) for Understory Classroom
(C.1.2.5.6) 1 $6,975.00 $6,975.00
0008 NHPA Section 106 (C.5.3.3.2) for Eagles Overlook
(C.1.2.5.7) 1 $6,975.00 $6,975.00
0009 NHPA Section 106 (C.5.3.3.2) for Marsh Landing (C.1.2.5.8) 1 $8,702.18 $8,702.18
0010 NHPA Section 106 (C.5.3.3.2) for additional trailside features
(C.1.2.5.9) 1 $6,975.00 $6,975.00
0011 NHPA Section 106 (C.5.3.3.2) for Kingman Center (C.1.2.7) 1 $15,735.00 $15,735.00
0012 Current Project Characteristics Report (C.5.3.3.3) 1 $48,172.33 $48,172.33
0013 Pre-Design Community Presentations (C.5.3.3.4) 1 $106,276.76 $106,276.76
CW129427: FY24 Kingman and Heritage Islands Design
4

0014 Pre-Design Feedback and report that includes Project Partners
and Community input (C.5.3.3.5) 1 $32,055.41 $32,055.41
0015 Conceptual Design (30%) of trails and classroom facilities (9
elements) (C.5.4.3.1) 1 $346,072.96 $346,072.96
0016 Design of Kingman Center (15%) (C.5.4.3.2) 1 $109,263.03 $109,263.03
0017 Concept Design Community Presentations (C.5.4.3.3) 1 $101,090.37 $101,090.37
0018 Concept Design (30%), Kingman Center Design (15%)
Feedback and Report (C.5.4.3.4) 1 $49,598.79 $49,598.79
0019 Concept Design (30%), Kingman Center Design (15%)
Feedback Report Submission Package (C.5.4.3.5) 1 $86,442.13 $86,442.13
0020 Semi-Final Designs (65%) (C.5.5.4) 1 $388,902.33 $388,902.33
0021 Semi-Final Designs (65%) Community Presentations
(C.5.5.5) 1 $89,987.15 $89,987.15
0022 Semi-Final Design (65%) Feedback (C.5.5.6) 1 $26,279.63 $26,279.63
0023 Semi-Final Design (65%) Report Submission Package
(C.5.5.7) 1 $50,198.20 $50,198.20
0024 Semi-Final (65%) Design Permitting coordination and
preparation (C.5.5.8) 1 $19,298.94 $19,298.94
0025 Final (100%) Design Construction Specifications and Cost
Estimates (C.5.6.1) 1 $233,283.46 $233,283.46
0026 Final Design (100%) Community Outreach (C.5.6.2) 1 $47,663.43 $47,663.43
0027 100% Design Submission Package (C.5.6.3) 1 $72,126.92 $72,126.92
0028 Obtain Project Permits (C.5.6.4) 1 $265,909.41 $265,909.41
0029 SOW consultation sessions for Construction of 100%
designed facilities, permitted trails and classrooms (C.5.6.5 a) 3 $7,315.80 $21,947.41
0030
Solicitation consultation session for Construction of 100%
designed facilities, permitted trails, and classrooms (C.5.6.5
b)
3 $13,129.53 $39,388.59
0031 Bid consultation sessions for Construction 100% designed and
permitted trails, facilities, and classrooms (C.5.6.5 c) 3 $6,305.60 $18,916.80
0032
SOW consultation sessions for Design-Build taking the
Kingman Center 15% Designs to 100% Designs, Permitting
and Full Construction. (C.5.6.6 a)
1 $27,815.41 $27,815.41
0033
Solicitation consultation sessions for Design-Build taking the
Kingman Center 15% Designs to 100% Designs, Permitting
and Full Construction. (C.5.6.6 b)
1 $27,273.90 $27,273.90
0034
Bid consultation sessions for Design-Build taking the
Kingman Center 15% Designs to 100% Designs, Permitting
and Full Construction. (C.5.6.6 c)
1 $25,043.90 $25,043.90
Grand Total for B.3.1 Base Period $2,467,889.36

B.3.2 OPTION YEAR 1 (12 Months)

Contract
Line-Item
Number
(CLIN)
Item Description
Quantity
Not to
Exceed
Price Per
Unit
Total Cost
Not to Exceed
1001 Construction oversight for Revitalized Benning Entrance
(C.5.7.1 a) 1 $50,933.13 $50,933.13
1002 Construction oversight for Interconnected Trail System
(C.5.7.1 b) 1 $50,933.13 $50,933.13
1003 Construction oversight for Boating Classroom (C.5.7.1 c) 1 $47,292.13 $47,292.13
1004 Construction oversight for Meadow Pavilion (C.5.7.1 d) 1 $0.00 $0.00
1005 Construction oversight for FLOAT Classroom (C.5.7.1 e) 1 $0.00 $0.00
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5

1006 Construction oversight for Understory Classroom (C.5.7.1 f) 1 $0.00 $0.00
1007 Construction oversight for Eagle’s Overlook (C.5.7.1 g) 1 $3,030.00 $3,030.00
1008 Construction oversight for Marsh Landing (C.5.7.1 h) 1 $0.00 $0.00
1009 Construction oversight for additional trailside features
(C.5.7.1 i) 1 $0.00 $0.00
Grand Total for B.3.2 Option Year 1 $152,188.39

B.3.3 OPTION YEAR 2 (12 Months)

Contract
Line-Item
Number
(CLIN)
Item Description
Quantity
Not to
Exceed
Price Per
Unit
Total Cost
Not to Exceed
2001 Construction oversight for Revitalized Benning Entrance
(C.5.8.1 a) 1 $35,323.22 $35,323.22
2002 Construction oversight for Interconnected Trail System
(C.5.8.1 b) 1 $34,943.22 $34,943.22
2003 Construction oversight for Boating Classroom (C.5.8.1 c) 1 $44,897.22 $44,897.22
2004 Construction oversight for Meadow Pavilion (C.5.8.1 d) 1 $56,466.22 $56,466.22
2005 Construction oversight for FLOAT Classroom (C.5.8.1 e) 1 $56,295.22 $56,295.22
2006 Construction oversight for Understory Classroom (C.5.8.1 f) 1 $0.00 $0.00
2007 Construction oversight for Eagle’s Overlook (C.5.8.1 g) 1 $0.00 $0.00
2008 Construction oversight for Marsh Landing (C.5.8.1 h) 1 $0.00 $0.00
2009 Construction oversight for additional trailside features
(C.5.8.1 i) 1 $0.00 $0.00
Grand Total for B.3.3 Option Year 2 $227,925.10

B.3.4 OPTION YEAR 3 (12 Months)

Contract
Line-Item
Number
(CLIN)
Item Description
Quantity
Not to
Exceed
Price Per
Unit
Total Cost
Not to Exceed
3001 Construction oversight for Revitalized Benning Entrance
(C.5.9.1 a) 1 $0.00 $0.00
3002 Construction oversight for Interconnected Trail System
(C.5.9.1 b) 1 $26,511.76 $26,511.76
3003 Construction oversight for Boating Classroom (C.5.9.1 c) 1 $0.00 $0.00
3004 Construction oversight for Meadow Pavilion (C.5.9.1 d) 1 $52,401.61 $52,401.61
3005 Construction oversight for FLOAT Classroom (C.5.9.1 e) 1 $52,241.66 $52,241.66
3006 Construction oversight for Understory Classroom (C.5.9.1 f) 1 $59,016.56 $59,016.56
3007 Construction oversight for Eagle’s Overlook (C.5.9.1 g) 1 $59,016.56 $59,016.56
3008 Construction oversight for Marsh Landing (C.5.9.1 h) 1 $35,111.76 $35,111.76
3009 Construction oversight for additional trailside features
(C.5.9.1 i) 1 $91,241.47 $91,241.47
Grand Total for B.3.4 Option Year 3 $375,541.38

B.4 For contracts in excess of $250,000, at least 35% of the dollar volume of the contract
shall be subcontracted in accordance with section H.9. A Subcontracting Plan form is
CW129427: FY24 Kingman and Heritage Islands Design
6
B.5
S
ECTION C:
C.
1
available at http://ocp.dc.gov , under Quick Links click on “Required Solicitation
Documents.”
LETTER CONTRACT
This is the definitized contract, as contemplated by the awarded Letter contract,
CW129427 executed March 9, 2026, through July 7, 2026. The Letter Contract is
merged herewith and is superseded by this Contract. The Definitized contract shall be
from date of award through March 8, 2028.
SPECIFICATIONS/WORK STATEMENT
SCOPE
The Design Contractor shall be required to work with Office of Contracting and
Procurement (OCP), Department of Energy and Environment (DOEE), Department of
General Services (DGS), the District Department of Transportation (DDOT),
Department of Parks and Recreation (DPR), the U.S. Army Corps of Engineers –
Baltimore District (USACE), the National Park Service – National Capital Region
(NPS-NCR), National Park Service – National Capital Parks East (NPS-NACE), and
community stakeholders to develop a set of plans based on the Kingman and Heritage
Islands Planning and Feasibility Study of 2017. The set of plans shall include fully
permitted, bid ready designs of the trails, boardwalks and structural components outlined
within this Scope of Work. In addition, the Design Contractor shall work with the same
partners and stakeholders to develop 15% designs for the Kingman Island Center. This
set of designs for elements including trails, boardwalks and structural amenities shall be
developed in adherence with guiding principles of ecological restoration, biophilic
design, recreation, environmental education, flexible programmable spaces, connectivity
to the natural environment of the river, lake and habitats, integration of life-enhancing
spaces, and universal design.
The Statement of Work (SOW) set forth herein contains the design and construction
support for the entire project including the 15% design for the Kingman Island Center,
review of existing data, survey work, design drawings, bid-ready, permitted construction
documents, and construction oversight assistance and support. Work shall be performed
in accordance with the District of Columbia support of the proposal laid forth in the
Kingman Island and Heritage Island Planning and Feasibility Study Act of 2016
(Section C.2, Item No.007). The work shall be developed in concert with the goals of
the 2015 Wildlife Action Plan and to achieve the goals in the Sustainable DC Plan
(Section C.2, Items Nos. 001 and 009) and in accordance with the District of
Columbia’s Green Building Act of 2006; the District of Columbia 2013 Stormwater
Management Rule and Guidebook; and the District of Columbia Department of
Transportation
(DDOT) Standard Specifications for Highways and Structures (Section C.2, Items No.
011). The work shall be compatible with the findings of the Remedial Investigation
Report, Anacostia River Sediment Project and the Soil Pile Site Investigation Report for
Kingman Island, Washington, DC (Section C.2, Items No.004 and 005). Contractor will
work closely with DOEE to coordinate approval of all phases of designs.
CW129427: FY24 Kingman and Heritage Islands Design
7

More recent stakeholder feedback and investigation has been gathered between 2021 and
2022 to elaborate on and modify design concepts set forth in the Planning and
Feasibility Study of 2016. See https://www.kingmanisland.com/the-future .

C.1.1 General Description of Project Area
Reservation 343F0000 – Total property of The Islands. See Figure 1 and 2 for survey
plat of Reservation 343F0000.

Figure 1

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Figure 2

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9

DOEE seeks a contractor; Architect / Landscape Architect / Engineering firm team, to
design a set of plans for the development of Kingman and Heritage Islands conservation
area, in Washington, DC, and to later serve as a consultant for construction oversight in
a separate build phase of the project. The contractor shall produce 100% design plans for
the elements outlined in this scope of work; bid documents for the construction
solicitation; and obtain all permits. This project is to be a flagship project showcasing
state of the art sustainability goals for the District of Columbia. The conservation area is
to serve as a natural oasis in the city for recreational, environmental, and educational
purposes geared towards children and residents. The set of plans is to include 100%
design documents and a signed and stamped bid-ready permitted set of drawings for
outdoor classroom structures, observation platforms, a trail system, and entrances to
accommodate multi-modes of transportation, including buses to drop off students. The
set of plans shall include 15% designs and siting of the Kingman Island Center, which is
to be a Living Building Challenge project. (see https://living-future.org/lbc/ ). This set of
plans should be developed in a way that guides the human experience in honor of natural
resources and in adherence with the guiding principles of biophilic design, recreation,
environmental education, flexible programmable spaces, connectivity to the natural
environment of the river, lake and habitats, integration of health enhancing spaces, and
universal design.

Kingman and Heritage Islands are 40 and 7 acres, respectively. The islands were
constructed of dredge material beginning in the 1920s and some areas were used as a
depository for construction debris and other waste over the years. In 1997 Kingman and
Heritage Islands were transferred to the District of Columbia from the Federal
Government. The collective vision for this property since then has focused on nature and
education. There are species and habitats of high ecological value on and around The
Islands. Heritage Island is accessed via a footbridge from the Robert F. Kennedy (RFK)
Stadium Parking Lot 6 and is surrounded by Kingman Lake. Adjacent to Heritage Island
to its east, Kingman Island can be accessed via the island’s entrance on Benning Road
and via a footbridge from Heritage Island. It is surrounded by Kingman Lake in the west
and the Anacostia River in the east. Kingman and Heritage Islands are flanked by the
River Terrace neighborhood on the east and Kingman Park neighborhood in the
west. Kingman and Heritage Islands were designated as a Conservation Area by Mayor
Muriel Bowser in 2018 and are adjacent to the Robert F. Kennedy Memorial Stadium
complex that is operated by Events DC. Events DC operates athletic fields on most of
the eastern portion of what was Parking Lot 6 and plans to demolish the stadium and
continue redevelopment of the site. DDOT is planning to redevelop Benning Road
adjacent to the conservation area, converting 4 lanes of traffic to 2 lanes of traffic, one
lane for streetcars, and one lane for bikes and pedestrians. The existing 8’ sidewalk on
the Ethel Kennedy Bridge will be converted into a 22’ protected bike and pedestrian
crossing from River Terrace to the Kingman Island entrance. To the north the National
Links Trust plans to redevelop Langston Golf Course with goals around better
accessibility, equity, and habitat gains along with improved experiences for golfers.

The goals of the Districts Environmental Literacy Plan are beginning to be realized on
The Islands with programming being offered by non-profit organizations for
Elementary, Middle, and High DC Public School students and workforce development
opportunities are growing through the Kingman Rangers and Green Zone Environmental
Program as part of the Mayors Youth Summer Employment Program. Yet, park
amenities are scant. Feedback from students reflects the need for more restrooms; shelter
CW129427: FY24 Kingman and Heritage Islands Design
10

from sun and rain; and places to eat lunch. The trail system is passible in some places
and in others is frequently flooded and not ADA compliant. Some parts of the trail
system include 20-foot-wide asphalt relics of past uses and need to be narrowed. The
west
entrance,
while not
yet ADA
compliant,
provides a
welcoming
entry as
visitors
cross over
wooden
bridges
serving as a
psychological threshold into the serenity of nature, while the entrance by Benning Road
(Figure 3) leaves much to be desired and does not currently welcome visitors.

CW129427: FY24 Kingman and Heritage Islands Design
11

Figure 3

In 2017 DOEE produced the Planning and Feasibility Study that located six habitat
themed classrooms. In 2021 DOEE engaged stakeholders and surrounding communities
in visioning for these classrooms and advanced some concepts for FLOAT and the
Meadow Pavilion, the anticipated locations of which are shown in Figure 4 below.

CW129427: FY24 Kingman and Heritage Islands Design
12

Figure 4

Less developed are the plans for the Marsh Landing, Understory Classroom and Eagles
Overlook. DOEE has decided to eliminate the “Area of Repose” as one of the six
classrooms as was called out in the Planning and Feasibility Study. However, through
this design contract, DOEE encourages the Design Contractor to recommend options
such as seating, meditative viewing of the water or other ways to engage visitors in this
area. See anticipated locations for Marsh Landing and Understory Classroom in Figure
5. DOEE anticipates dredging canoe channels and extensive (10+ acres) wetland
restoration in Kingman Lake in the next 5 years. Determining the location of Marsh
Landing and the design of the paddling facility as part of the FLOAT classroom will
need to consider this.

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13

Figure 5

During the spring of 2022 Mayor Bowser announced funds for bridges that intend to
connect the RFK Campus and Kingman Island to surrounding communities. DDOT is
managing this project with DOEE’s input and DDOT will be conducting a feasibility
study to determine where these bridges will be located. DOEE considers the possibility
of a bridge at the South end of Kingman Island connecting to Reservation 13. Through
this design contract, the Design Contractor shall develop plans for a boardwalk trail with
as minimal of an ecological footprint both in construction and final design as possible.
The Contractor shall also develop plans for Eagle’s Overlook that will connect with the
South Kingman Boardwalk Trail. See Figure 6 for the anticipated area of this South
Kingman boardwalk Trail and Eagle’s Overlook.

Figure 6

C.1.2 Project Goals and Objectives

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14

The goal of the project is to develop a set of designs based on phase 1 of the 2017
Kingman and Heritage Island Planning and Feasibility Study for the conservation area
swapping out the Ranger Station for a boating pavilion and eliminating the area of
repose. The set of designs, once constructed, will guide the human experience in honor
of natural resources, 100% designs for a set of trails and constructed features
(“elements”) to be contained in the set of designs, along with permits for those elements.
In addition, the Design Contractor shall produce 15% designs for a Kingman Center.
The purpose of the 15% design for the Kingman Center will be to assist the community
and city in envisioning a flagship center in the conservation area. These elements shall
include a system of interconnected trails and structural amenities that will support
general visitation, education, workforce development and volunteer programming as
well as support operations and maintenance functions for the trails, facilities, and
continued habitat restoration/management. The set of designs will be informed by
DOEE staff along with an ecological restoration plan currently in development through a
separate initiative that will identify and restore sensitive and ecologically noteworthy
areas. DOEE expects this ecological restoration plan to be in hand at the beginning of
the second quarter of calendar year 2024. This ecological restoration plan will be shared
with the Design Contractor to inform this project. Because of the high visibility of the
Project area and nature of the project, the partners desire creative designs that will be
environmentally sound and highlight the various initiatives of DOEE ranging from
renewable energy to watershed friendly design themed with the variety of natural
resources on The Islands.

The contractor shall provide 100%, permitted, bid-ready designs for the construction of
the interconnected trail system, trailside features, and structural amenities (All items
listed in C.1.2.5 examples include, but not limited to the Boating Pavilion, FLOAT
Classroom, Meadow Pavilion, Entryway at Benning Road entrance to accommodate
pedestrians, cyclists, buses, and other vehicles, and Trails. See Section C.1.2.5 for
details of requirements.). The contractor shall provide 15% designs for and site the
Kingman Island Center building (C.1.2.7)

C.1.2.1 The specific objectives of the project are to:
Determine the Current Project Area Characteristics that compiles all the parameters
for the design and planned construction of trails and constructed elements.

C.1.2.2 Conduct National Historic Preservation Act (NHPA) Section 106 Compliance
(C.5.3.3.2) for each of the 9 elements described in C.1.2.5 as well as the Kingman
Center described in C.1.2.7.

C.1.2.3 Develop and execute a comprehensive Community Outreach and Engagement plan
that involves community members, stakeholder groups, and partner agencies in a
collaborative planning process to create a vision and future for Kingman and Heritage
Islands Conservation Area. This plan should keep in mind past community engagement
and input over the last 5 years.

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15

C.1.2.4 Establish and consult with a Project Partners team (“Project Partners”) consisting of
relevant District and Federal Agencies at each phase of the project including Pre-design,
Concept Design, Semi-Final Design, Final Design and Permitting. Entities include, but
are not limited to the DOEE administrations, divisions and branches, Wetlands Team,
Regulatory Review Division, Fisheries and Wildlife Division, Watershed Protection
Division, Energy Administration, and Urban Sustainability Administration. Also
included in the Project Partners team shall be representatives from DDOT, DPR, OCTO,
DOB, DGS, and NPS.

C.1.2.5 Produce Concept (30%), Semi-Final (65%), and Final (100%) designs for the following
nine Elements:

C.1.2.5.1 A Revitalized Benning Entrance that welcomes visitors to The Islands and administers
access to The Islands and its amenities for visitors arriving as pedestrians, on bikes, in
passenger vehicles and on charter/school buses in a safe and integrated manner. The
design of the Revitalized Benning Entrance shall limit public vehicular traffic to this
area while managing access for maintenance and EMS vehicles and provide pedestrian
and bike access further South on the trails and other areas on The Islands. The design for
this entrance area shall be coordinated with DDOT’s plans for this section of Benning
Road and shall adhere to DDOT’s Design and Engineering Manual for work that affects
public space, DC Construction Code (12 DCMR), Zoning Code (11 DCMR), and D.C.
Fire Code (2008).

The designs for the Revitalized Benning Entrance shall include;

a. A bus turnaround for charter and school buses. The Design Contractor shall run Auto
Turn to confirm the design vehicle to size the bus facility appropriately. The bus
turnaround shall be capable of accommodating two charter or school buses at one
time. The bus turnaround shall be designed so that buses only operate in a forward
direction. The Design Contractor shall design to DDOT standards which prohibit
backing movements through public space including DDOT streets.
b. 8 parking spaces for standard passenger vehicles. Four of these spaces shall be
designated as ADA spaces. Parking spaces shall be in the vicinity of the existing
dock boardwalk access such that the spaces also serve to drop off kayaks and canoes.
c. ADA bike and pedestrian pathways connecting all features in this area including the
dock, boating pavilion, composting toilet, the interconnected trail system to the
remainder of The Islands, the Kingman Center location, and other assets in the
vicinity and attractions on the islands.
d. Stormwater management features to manage the stormwater from impervious
surfaces per the DOEE Stormwater Guidebook 2013 that will serve as stormwater
management demonstration features. Entryway shall aim to maximize the use of
permeable surfaces.
CW129427: FY24 Kingman and Heritage Islands Design
16

e. Removal of the fence east of the vehicular entrance to be replaced with natural
looking barriers such as boulders or other bollard substitutes to prevent vehicular
traffic from crossing onto The Islands except for the vehicular entry shown in DDOT
plans for Benning Road.
f. Two gates: one gate at the vehicular entrance that can remain open during visitor
hours as well as locate a second recessed gate to prevent vehicular traffic from
entering trails to the rest of The Islands while allowing cyclists and pedestrians to
flow freely and safely. Recessed gate to open for authorized and EMS vehicles. Both
gates shall connect to grid and operate with keypad such that access can be managed
by DOEE and other District Agencies.
g. The design and setting of a trash and recycling facility that can house two standard
sized dumpsters provided by DPW, with sufficient space for a standard DPW
dumpster hauling truck to maneuver to pick up the dumpsters. The design shall
prevent the dumpsters from the public with fencing and vegetation. The fencing shall
only be accessible to Conservation Area staff / Rangers and DPW to manage
receptacles.
h. Associated site work and native plantings to integrate the trails and features in this
area, and also to minimize the sound from the nearby metro and road.

C.1.2.5.2 An Interconnected Trail System for The Islands that:
1. Provides educational and observational access to sensitive species and habitats while
protecting said species and habitats guiding the human experience in honor of
natural resources.
2. Provides ADA compliant connections between the Benning Entrance, Boating
Pavilion, Meadow Pavilion, FLOAT, Understory Classroom, Eagle’s Outlook, and
the foot of the wooden bridge from Kingman to Heritage Island. (ADA compliance
of wooden bridge and wooden bridge rehabilitation to be a separate initiative with
DDOT).
3. Ensures vehicular, and specifically maintenance and EMS vehicle access from the
Benning Entrance South to the Eagle’s Outlook element and also to the foot of the
wooden bridge from Kingman to Heritage Island (but not onto the bridge).
4. Includes an ADA compliant boardwalk for pedestrians and cyclists from the Eagles
Outlook to the South end of Kingman Island and connects to a possible bridge in this
location that would connect to the existing Anacostia Riverwalk Trail and the
planned Reservation 13 neighborhood.
5. Includes a non-ADA trail and boardwalk amendments to existing boardwalk on
Heritage Island that provide visitors access to a loop trail that bridges wetland and
muddy areas.
6. Includes reducing areas where the trail is too wide such as the main trail that is
currently a gravel and partially paved road from Benning Road South approximately
1,000 feet.
7. Includes performing a study and creating a concept design only that would meet
DDOT specifications for an ADA connection from the Benning Road Entrance on
CW129427: FY24 Kingman and Heritage Islands Design
17

The Islands traversing beneath the Ethel Kennedy Bridge to the Langston Driving
Range.
8. Includes a concept design (Concept 15% design) taking pedestrians and cyclists
from the existing dock boardwalk near Benning Road under the Benning Road
bridge to connect with Langston Golf Course and destinations North on Kingman
Island and includes a plan for wayfinding.
9. Includes associated site work that provides a designed landscape surrounding the
construction site of the element including enhancements and site-specific corrective
plantings based on the ecological restoration plan provided by DOEE.
10. Use existing plans found in ‘KHI Updated concepts 2021 and 2022’ as a start for
designs.
11. Includes a holistic wayfinding system and signage set consistent with park
principles of environmental education, biophilic design, safety and security, ADA
compliance, enhancement of health, and connectivity to the natural
environment. The Design Contractor shall provide multiple options and associated
pricing for wayfinding systems. Design Contractor shall use existing branding for
Kingman and Heritage Islands Conservation Area Elements to include but not
limited to:
a. Benning Road Entry signage
b. Signage for pedestrian entry at Benning Road
c. Signage for cyclist and micro-mobility entry and Benning Road
d. Signage for vehicular entry at Benning Road
e. RFK / Fields Entry Signage
f. Signage for possible future entries including locations at the Southern End of
Kingman Island and an Entrance from a possible bridge from River Terrace to
Kingman Island in the vicinity of East Capital St.
g. Primary Wayfinding Signage
h. Secondary Wayfinding Signage
i. Use existing branding for Kingman Island developed by DOEE.
j. Mileage markers along all primary and secondary routes.
12. Includes an Interpretive signage set of 12-20 interpretive signs that tell various
ecological, restoration, and history stories. The topics and content shall be informed
by the restoration plan (expected in Winter 2024) and other sources within DOEE.
The location, orientation, topics, and content shall be developed by the contractor.
The content, location and orientation of each sign shall be gathered by the Design
Contractor. However, the final designs shall be developed by DOEE
communications (OCEO).
13. Includes an ‘external’ wayfinding system and signage set outline that places signs in
nearby neighborhoods, streets, and within the RFK campus to ensure potential
visitors find their way to the conservation area. This shall be developed in
coordination with DDOT and Events DC.

C.1.2.5.3 A Boating Classroom in the vicinity of the floating dock near the Benning Entrance
that functions as a paddle craft education and storage facility. The feature will serve to
accommodate the storage of 50 paddle craft, including canoes, kayaks, and paddle
CW129427: FY24 Kingman and Heritage Islands Design
18

boards. The Design Contractor shall design within the boating classroom a functional
enclosed space that serves to both store paddle equipment as well as serve as a rental
kiosk that will include a service window that can be closed and secured. The boating
classroom will also include a large deck connected to the dock walkway to
accommodate groups of paddlers preparing to embark on paddle trips. The elements of
the boating classroom to include but not limited to:
a. Accommodates 50 paddle craft including canoes, kayaks, and paddle boards.
Classroom shall be designed in a functional way so that paddle craft can be easily
moved between storage and the water. Inclusion of a paddle craft ramp and pully
system or other solution to easily launch boats from the deck is desired.
b. Enclosed kiosk space to accommodate staff and storage of paddle equipment
including Portable Floating Devices (pfds), paddles, rescue equipment, buoys, throw
ropes, first aid kits, and boat repair equipment. This space will also include a service
window that can be closed and secured.
c. Large deck to accommodate groups of up to 30 paddlers receiving safety and paddle
instruction and getting outfitted with paddle equipment.
d. Ensure that the Boating Classroom and its associated features including decking and
access to the nearby floating dock are ADA compliant. Deck and boating classroom
connect directly with ADA walkway from top of hill to dock.
e. Ensure stormwater management features are designed to manage stormwater from
impervious surfaces of the structure per the DOEE Stormwater Guidebook 2013 that
will serve as stormwater management demonstration features. 1.7 inches of
stormwater management is required per storm event.
f. Design for connection to the electrical grid while maximizing capacity for solar
panel arrays. Include lighting and camera system as well as hand holes per industry
standard.
g. Associated site work that provides a designed landscape surrounding the
construction site of the element including enhancements and site-specific corrective
plantings based on the ecological restoration plan provided by DOEE.

C.1.2.5.4 The Meadow Pavilion and its surrounding landscape that serves a primary function of
accommodating students and groups for meadow habitat themed educational activities,
educational events, and lunch (space for 50 students to sit and eat lunch under a covered
pavilion), while serving a secondary function as a performance stage and venue. The
Design Contractor shall incorporate a composting toilet, like the Clivus Double near
Benning Road, in the vicinity of the Meadow Pavilion. This feature and the composting
toilet shall meet ADA standards. (Applicable Document 001, pages 24-25 and KHI
Updated concepts 2021 and 2022) (Use preliminary designs as a start)

The Meadow Pavilion Structure shall include:
a. Options for covered pavilion style, solar shaded multi-use stage/classroom that can
seat 50 people. Provide storage for chairs, benches, tables, or some combination such
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19

that seating can be easily stowed so the pavilion can be converted to become a stage
that can face both North and South.
b. Provide solar arrays on roof. Capacity for solar shall be maximized in the design.
1. Requires electrical access and 220 v circuit breaker boxes in enclosed and
locked closet. If 220 v or if connection to grid is determined to be not practical
or possible, provide justification and alternatives for DOEE to evaluate. Provide
stand-alone solar and battery combination alternatives to consider.
2. Circuit breaker box with at least twelve 20-amp circuits electrical outlets
accessible in locked electrical closet.
c. Provide lighting and security camera system.
d. Solar powered rainwater harvesting tank for use in irrigating the meadow and
surrounding landscape. Electric pump for irrigation.
e. Structure shall be designed to serve as a shelter for classes of students during
hazardous weather conditions with enclosed sides and back.
f. Conduit infrastructure supporting connectivity and power for public Wi-Fi access
points, voice, and network services to be guided by OCTO.
g. Communications conduits shall be sent back to the Telecommunications Cabinet at
Benning Road entrance.
h. Electrical handholes per industry standard.
i. Stormwater management features to manage the stormwater from impervious
surfaces per the DOEE Stormwater Guidebook 2013 that will serve as stormwater
management demonstration features. Cistern for water re-use to be included.
Minimum of 1.7 inches of rain to be captured per storm event.
j. Associated site work that provides a designed landscape surrounding the
construction site of the element including enhancements and site-specific corrective
plantings based on the ecological restoration plan provided by DOEE.

C.1.2.5.4.1 The Landscape around the Meadow Pavilion shall include;

a. Signage, weather stations, artwork, educational installations.
b. Associated site work to include designed programmable space in front of the
meadow classroom/performance stage facing South that can be used for audience
seating during performances and seating during camping programs.
1. Provide options for space to accommodate 800 audience members in lawn-
style seating.
c. Associated site work to include designed programmable space to the North of the
meadow pavilion using the nearby hillside with bench seating as an amphitheater to
accommodate 75 people in lawn-style seating and another 75 people in
amphitheater bench-style seating.
d. Associated site work and landscaping using plant pallets as indicated in the
ecological restoration plan, picnic tables and picnic areas.
e. Site a Composting toilet system that includes two toilet rooms in the vicinity of the
meadow classroom. The Clivus Double is the preferred option.
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f. Ensure ADA compliance and connectivity to trail system for all features within the
landscape of the meadow pavilion and the pavilion itself.

C.1.2.5.5 The FLOAT Classroom that serves to accommodate students and groups for riverine
themed educational activities and educational events. (Use preliminary designs as a
start.) (Applicable Document 001, pages 26-27 and KHI Updated concepts 2021 and
2022). Designs to include:
a. Tiered landside decking structure with covered section to accommodate 40 students
on both decks combined.
b. 200-300 Sq ft. of educational and paddle equipment storage.
c. Weather station, plant signage, work board and other built-in equipment to support
learning about riverine habitat.
d. Kayak/canoe dock. Shall be capable of launching multiple paddle craft at a time,
have a capacity to hold 25 people safely, and remain ADA compliant within typical
tidal flux (~3.5 feet) Ensure that the FLOAT and its associated features including
the floating dock and trails leading to it are accessible and ADA compliant.
e. Stormwater management features to manage the stormwater from impervious
surfaces per the DOEE Stormwater Guidebook 2013 that will serve as stormwater
management demonstration features.
f. Solar arrays and coupled battery storage sufficient to power security lighting and
security camera system.
g. Associated site work that provides a designed landscape surrounding the
construction site of the element including enhancements and site-specific corrective
plantings based on the ecological restoration plan provided by DOEE.
h. Conduit infrastructure supporting connectivity and power for public Wi-Fi access
points, voice, and network services to be guided by OCTO. If connection to grid is
not practical or possible provide justification and alternatives to DOEE to evaluate
1. Communications conduits shall be sent back to the Telecommunications
Cabinet at Benning Road entrance.
2. Include handholes required as per industry standard.

C.1.2.5.6 An Understory Classroom that uses the high elevation of this location for an
observation platform overlooking Heritage Island and views West to the Capitol Dome.
The Understory Classroom shall also include a seating arrangement in the lower
elevation that can serve as a woodland forest themed outdoor classroom. This feature
shall meet ADA standards. (Applicable Document 001, pages 28-29). Designs to
include:
a. Benches and Seating made of natural materials to accommodate 40 people.
b. Observation platform that utilizes existing elevation to provide views looking West
to Kingman Lake, wetlands, Heritage Island, and the US Capitol Dome.
c. Utilization of elevations in the area to provide expansive views of Kingman Lake
looking west from this location.
d. Associated site work.
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e. Ensure that the Understory Classroom, trails leading to it and its associated features
are accessible and ADA compliant.
f. Associated site work that provides a designed landscape surrounding the
construction site of the element including enhancements and site-specific corrective
plantings based on the ecological restoration plan provided by DOEE.

C.1.2.5.7 The Eagle’s Overlook uses the high elevation of this location for an observation
platform that provides views overlooking the fringe marsh and views of the River
looking southeast. This feature can also provide views overlooking the area where the
Virginia mallow population is growing while keeping visitors from walking through this
section of vegetation and other sensitive natural resources. (Applicable Document 001,
page 30 and KHI Updated concepts 2021 and 2022). Designs to include:
a. Plant identification signage, seating, work/writing boards.
b. Observation platform
c. Utilization of elevations in the area to provide expansive views of the river and
fringe wetlands here.
d. Associated site work and possible wetland mitigation if required.
e. Site a Composting toilet system that includes two toilet rooms in the vicinity of the
Eagles Outlook. The Clivus Double is the preferred option.
f. Ensure that the Eagles Outlook and associated features including the composting
toilet are accessible and ADA compliant, including the trails leading to it.
g. Associated site work that provides a designed landscape surrounding the
construction site of the element including enhancements and site-specific corrective
plantings based on the ecological restoration plan provided by DOEE.

C.1.2.5.8 A Marsh Landing feature on Heritage Island that serves as a wetland themed classroom
and interfaces with the wetlands on Heritage Island. (Applicable Document 001, page
22), to include:
a. Develop a classroom on Heritage Island that follows the principle of environmental
integration, allows access to the marsh for learning about wetlands and creates
connectivity to the lake.
b. The classroom must be ADA accessible. (It is understood that wooden bridge ADA
compliance is part of a different initiative).
c. Classroom must include storage for waders and other equipment such as paddles,
life jackets, waders, first aid kits and education supplies.
d. Storage shall also accommodate a solar pump and cistern that can be used to extract
river water at high tide to fill the cistern and use the cistern water to rinse boots and
other items at low tide.
e. Design must creatively maximize space, for example by locating storage within the
structure of the classrooms, such as under a ramp or within steps.
f. Classroom shall include interpretive signage, built-in work boards, tide charts and
scales and other relevant equipment for learning about wetlands.
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g. Associated site work that provides a designed landscape surrounding the
construction site of the element including enhancements and site-specific corrective
plantings based on the ecological restoration plan provided by DOEE.

C.1.2.5.9 Design additional trailside features such as picnic areas, bench seating, small gazebos,
to facilitate human connection to the Anacostia River and provide strategic views of the
island, river and wetlands Designs to include:
a. “Natural looking” gazebos made to blend with the environment and provide
meditative engagement opportunities.
b. Additional railed overlook decks.
c. A range of amenities (e.g., benches, picnic tables and other seating made of natural
materials).
d. Associated site work that provides a designed landscape surrounding the
construction site of the element including enhancements and site-specific corrective
plantings based on the ecological restoration plan provided by DOEE.

C.1.2.6 Final Permitted Designs: Fully permit all Elements listed in (C.1.2.5).
Design Contractor will meet with various agencies at conceptual, Concept 30%, Semi-
Final (65%) and Final (100%) design stages to ensure sign off by the Project Partner
Team on safety and security measures incorporated into the design.

C.1.2.7 Provide 15% designs for a Kingman Island Center. The Kingman Center will combine
the functions of the ‘Ranger Station’ and ‘Environmental Center’ as called out in the
Planning and Feasibility Study. The Kingman Center will include DOEE staff office
space, ranger office space, public toilets, visitor center/visitor engagement, equipment
storage, multi-purpose space, classrooms, educational displays and interactive exhibits,
reception desk, kitchen-fridge for staff and students to put lunches, fridge/freezer for
animal food and medicine, and a wellness room. The 15% designs for the Kingman
Center shall:
a) meet or exceed the requirements of the sustainable DC Plan and meets the
requirements of the International Living Future Institute’s Living Building
Certification. If full Living Building Challenge cannot be achieved, provide
justification, and then target Energy Petal Certification under Living Building
Challenge instead.
b) meet ADA standards.
c) be connected to public utilities for water electricity, wi-fi access, network services,
and telecommunications.
d) include a square footage for this facility to be 8,000 – 10,000 square feet of indoor
space along with approximately 3,000 square feet of decking and walkways to
allow for ADA access to outdoor seating, picnicking and classroom opportunities. If
the functions and programming goals that DOEE desires in this building can be
accomplished with a smaller building provide justification and propose designs with
new square footage for DOEE to evaluate.
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e) consider sound in the design and placement of the Kingman Center to mitigate
conflicts of sound between metro and road traffic vs functions of the center
including educational programs.
f) be located in the proximity of the Benning Road entrance to the islands and be
coordinated with design of the Benning Road entryway/park access and connected
to the trail system. The Kingman Center shall be designed to utilize the contour of
the land to create space beneath that can be used for equipment storage, a
workspace garage, and maintenance functions if possible. If another location such
as the location of the “Environmental Center” as cited in the Planning and
Feasibility Study is preferable, provide justification for DOEE to evaluate.
g) Maximize solar arrays and be designed to produce more energy than it uses.

C.1.2.8 Provide a SOV for developing the 15% Plan to a 100% design-build contract for
Kingman Island Center.

C.1.2.9 Master plan shall identify a location for a Telecommunications Cabinet within the
vicinity of the Revitalized Benning Entry and Boat Pavilion. This cabinet will house
network equipment to support public Wi-Fi for the conservation area, will require
power, climate control, will connect to an external fiber network, and will serve as the
terminating point for fiber connectivity to Wi-Fi access points through the conservation
area. Design Contractor shall coordinate with OCTO on cabinet location and
specifications for required connectivity. Design Contractor shall obtain sign off by
DOEE CA. If a grid connection is not feasible to FLOAT and Meadow Pavilion or if
another system is better suited to meet goals of Wi-Fi, electricity, safety, and security,
please provide justification and alternatives for DOEE to evaluate.

C.1.2.10 Provide options for electrical needs including;
a) provide cost estimates and outline impacts for trenching electrical conduit from
Benning road to connect Meadow Pavilion and FLOAT to the grid.
b) provide cost estimates and outline impacts to install battery storage such that
Meadow Pavilion and FLOAT can function off-grid.
c) provide cost estimates and outline impacts to install above ground electrical conduit
from Benning road to connect Meadow Pavilion and FLOAT to the grid.
d) Provide designs, plans, and permits to install the electrical solution that DOEE
chooses.

C.1.2.11 Produce a Current Project Characteristics Report as described in (C.5.1.5) that compiles
all the parameters for the design and construction of trails and constructed elements.

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C.2 A PPLICABLE DOCUMENTS

Item
No.
Document
Type Title
001 Report Wildlife Action Plan
002 Report Climate Ready DC Plan
003 Report
Report of Subsurface Exploration and Geotechnical Engineering
Analysis; Kingman Island Improvements Washington, DC for
Lee+Papa and Associates
004 Report Remedial Investigation Report, Anacostia River Sediment Project
005 Report Soil Pile Investigation Report, Test Pit Field Forms
006 Website Living Building Challenge
007 Report Kingman Island Planning and Feasibility Study of 2017
008 Website Planning and Feasibility Study updates of 2021 and 2022
009 Website Sustainable DC 2.0 Plan
010 Website www.kingmanisland.com

011 Report DDOT Standard Specifications for Highways and Structures

C.3 D EFINITIONS
These terms when used in this RFP have the following meanings:

ADA Americans with Disabilities Act

ANC Advisory Neighborhood Commissioner (ANC) is a non-partisan,
neighborhood locally elected representative in the District of
Columbia.

AoE Assessment of Effect (AoE) is a close look at the historic property
in the context of the proposed undertaking to see what changes the
undertaking may have on the property and involves consultation
with the appropriate review agency or agencies.

As-Builts Revised set of drawings submitted by a contractor upon completion
of a project or a particular job. They reflect all changes made in the
specifications and working drawings during the construction
process, and show the exact dimensions, geometry, and location of
all elements of the work completed under the contract.

CA Contract Administrator (CA): the DOEE representative responsible
for general administration of the contract. The CA has the
responsibility of ensuring the work conforms to the requirements of
the contract and other such responsibilities and authorities as may
be specified in the contract.

CBE A Certified Business Enterprise (CBE) is a business that is
headquartered in the District of Columbia and has been certified by
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the Department of Small and Local Business Development
(DSLBD). Businesses with CBE certification receive preferred
procurement and contracting opportunities.

CO Contracting Officer: The Chief Procurement Officer’s designee
vested with the authority to execute and administer the contract on
behalf of the District or otherwise bind the District in compliance
with the provisions of the Procurement Practices Reform Act of
2010 and shall include his/her duly appointed successor and his/her
authorized representative.

Concept Design Conceptual Design is an early phase of the design process, in which
the broad outlines of function and form of something are
articulated. It includes the design of interactions, experiences,
processes, and strategies. In this pre-design phase, a project
program is developed which begins to define the scope and budget
of the project, i.e., the needs and functions of the user.

Construction
The Documents Construction document phase consists of preparation of drawings
and specifications establishing the requirements for the construction
of the project. The construction documents describe the quality,
configuration, size, and relationship of all components to be
incorporated into the project. Construction documents must be
consistent with the project program, the construction budget, and
the project schedule. The construction documents serve as a basis
for obtaining bids from contractors and are used by contractors to
obtain price quotes from subcontractors.

Design
Contractor The Landscape Architecture / Architecture / Engineering firm,
partnership, corporation, or joint venture under contract with the
District for execution of the prescribed work, acting directly or
through an authorized representative.

DOB Department of Buildings

DDOT District Department of Transportation

Designated
Critical
Conservation
Area Undeveloped, natural areas in the District with significant or unique
ecological resources, including rare, threatened, and endangered
flora and fauna. These areas are protected and managed to preserve
and restore the area’s unique natural resources and biological
diversity. Recreational development is secondary to conservation
objectives, with a primary focus on interpretation and
environmental education. Development of or within Critical Habitat
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Conservation Areas is prohibited. Limited Infrastructure (e.g.,
primitive, natural surface trails or educational signage) is allowed.

Design
Development The transitional phase of an architect/engineer (A/E) services in
which the design moves from the schematic phase to the contract
document phase. In this phase, the A/E prepares drawings and other
presentation documents to crystallize the design concept and
describe it in terms of architectural, electrical, mechanical, and
structural systems. In addition, the A/E also prepares a statement of
the probable project cost. The primary purpose is to define and
describe all important aspects of the project so that all that remains
is the formal documentation step of construction contract
documents.

DOEE Department of Energy and Environment

DPR Department of Parks and Recreation

DGS Department of General Services

Ecological
Conservation The protection, preservation, management, or restoration of natural
environments and the ecological communities that inhabit them.
Conservation is generally held to include the management of human
use of natural resources for current public benefit and sustainable
social and economic utilization.

Ecological
Restoration Activity that initiates or accelerates the recovery of a degraded
ecosystem with respect to its health, integrity, complexity,
resilience, and sustainability.

Ecosystem
Preservation
and Restoration Ecosystem preservation is the strict setting aside of natural
resources to prevent the use or contact by humans or by human
intervention. In terms of policy making this often means setting
aside areas as nature reserves (otherwise known as wildlife
reserves), parks, or other conservation areas. Ecosystem restoration
is the process of assisting in renewing a degraded, damaged, or
destroyed ecosystem through active human intervention.

EISF Environmental Impact Screening Form

ESC Erosion and Sediment Control

Events DC Agency in the District managing the RFK campus properties
adjacent to Kingman Island entrance often referred to as the “RFK
Entrance.”

FEMA Federal Emergency Management Agency

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Habitat The physical and biological features of a location that provide the
resources for an organism to live, thrive and reproduce.

Invasive
Management Invasive plants are recognized as one of the greatest threats to
wildlife and natural ecosystems in North America. In the last
several centuries many non-native plants have been introduced to
the DC area, a city with large, forested parks. In 2008, a group of
invasive plant managers started working to develop Cooperative
Weed Management Area (DC-CWMA) to restore the District’s
natural area by working collectively to reduce ecological damage by
invasive plants. DOEE’s NRA is a part of this group.

LOD Limits of Disturbance

MOA Memorandum of Agreement

NEPA National Environmental Policy Act

NZEB Nearly zero-energy buildings. A zero-energy building, also known
as a zero net energy (ZNE) building, net-zero energy building
(NZEB), net zero building or zero-carbon building is a building
with zero net energy consumption, meaning the total amount of
energy used by the building on an annual basis is roughly equal to
the amount of renewable energy created on the site.

NRA Natural Resources Administration. The Natural Resources
Administration’s (NRA’s) core function is to conserve, protect, and
improve the soil, water, and living resources of the District of
Columbia and to protect its aquatic resources from pollution and
degradation.

NCR-NACE National Park Service – National Capital Parks-East

NPS-NCR National Park Service – National Capital Region

RFP Request for Proposals are a type of bidding solicitation in which
DOEE announces that funding is available for a particular project or
program, and companies can place bids for the project's
completion.

OCP Office of Contracting and Procurement

OCTO Office of the Chief Technology Officer

PDRM Preliminary Design Review Meeting

ROW Right of Way

Schematic Design Schematic design is the first phase of basic services for project
design. At this stage in a project, the design professional describes
the project three-dimensionally. A range of alternative design
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concepts are explored to define the character of the completed
project and an optimum realization of the project program.

SHPO DC State Historic Preservation Office

SOV Schedule of Values. An itemized and detailed list and description of
each activity required to complete the scope of work for a design,
construction, or design-build project.

SOW Statement of Work

Sustainable
Building A sustainable building, or green building is an outcome of a design
philosophy which focuses on increasing the efficiency of resource
use — energy, water, and materials — while reducing building
impacts on human health and the environment during the building's
lifecycle, through better siting, design, construction, operation,
maintenance, and removal

Stormwater
Runoff Stormwater runoff is rainfall that flows over the ground surface. It
is created when rain falls on roads, driveways, parking lots,
rooftops, and other paved surfaces that do not allow water to soak
into the ground. Stormwater runoff is the number one cause of
stream impairment in urban areas.

USACE United States Army Corps of Engineers – Baltimore District

Water
Conservation Water conservation refers to the preservation, control, and
development of water resources, both surface and groundwater, and
prevention of pollution.

C.4 BACKGROUND
DOEE is the leading authority on energy and environmental issues affecting the District.
Its mission is to improve the quality of life for the residents and natural inhabitants of
the District by protecting and restoring the environment; conserving natural resources;
mitigating pollution; and educating the public on ways to secure a sustainable future.
Using a combination of regulations, outreach, education, and incentives, DOEE
administers programs and services to fulfill its mission. DOEE works collaboratively
with other government agencies, residents, businesses, and institutions to promote
environmentally responsible behavior that will lead to a more sustainable urban
environment.

The Islands are man-made islands completed in 1916 by the U.S. Army Corps of
Engineers by dredging material from the sediment laden Anacostia River. This was
done in an attempt to reclaim the river for commercial use, and to mitigate health
hazards posed by the unsanitary conditions of the surrounding mudflats. In years prior,
the Anacostia River had been subject to heavy sedimentation due to runoff created by
deforestation of surrounding land for agricultural use, and further degraded by its use as
the recipient of the city’s untreated sewage.
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Throughout the years, Kingman and Heritage Islands have been slated for several
projects which were never built. Most of the projects had children as the primary user
group. In 1997 the Islands were transferred to the District of Columbia with their
intended use to be focused on children.

In 2016, the District of Columbia Council provided DOEE with fiscal year 2017 funding
to issue a grant to develop “a proposal for the use of Kingman Island and Heritage Island
for recreational, environmental, and educational purposes and a report to support the
proposal” (Budget Support Act of 2016’s Kingman Island and Heritage Island Planning
and Feasibility Study Act of 2016). That proposal and report is the basis for the
requested design work in this solicitation.

C.5 REQUIREMENTS
The Design Contractor’s scope of work will be divided into five phases with
corresponding sub-phases:
a) Phase I – Pre-Design Phase
b) Phase II – Concept Design Phase
c) Phase III – Semi-Final Design Phase
d) Phase IV – Final Design Phase
e) Phase V – Construction Support Phase (Option Years)

Routine requirements that the Design Contractor shall meet include:
a) Bi-weekly meetings with the DOEE CA throughout the duration of the contract
b) Bi-weekly project meeting minutes
c) Minutes for all other meetings
d) Monthly invoices
e) Monthly progress reports
f) All Virtual Meetings are to be held on the Microsoft Teams platform and are to
be organized by the Design Contractor.

C.5.1 Design & Project Management
The Design Contractor shall provide overall supervision, which includes the tasks of
managing the project design as well as construction support. This also includes project
planning, budgeting, scheduling, and performance. The Design Contractor shall:

a) Establish and maintain lines of communication with DOEE CA and Project Partners;
b) Schedule, attend and participate in the Project Kickoff meeting to discuss key
deliverables, project timelines and other expectations;
c) Within three weeks of Contract Award participate in a site walk of The Islands with
the CA and other DOEE and Project Partners representatives;
d) Within three weeks of Contract award, provide to the DOEE CA a written, detailed
Project plan and schedule;
e) Provide a Project Manager who will oversee all project activities and will be the
primary contact for all project and contract communications;
f) Provide a Primary Designer who is a D.C. Licensed Professional Engineer, D.C.
Licensed Architect, or D.C. Licensed Landscape Architect to serve as the Primary
Designer for the Project who will be responsible for actively overseeing and
managing the development of conceptual, semi-final and final designs, including,
but not limited to, regularly consulting with the landscape architect, architect,
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engineer, transportation planner and master park planner including prior to each
stage of DOEE and DOB submittal, and actively monitoring and promptly
responding to comments from agencies during the permit review process;
g) Provide a D.C. Licensed Professional Engineer to support the primary designer in
the development of conceptual, semi-final, final designs and obtaining permits;
h) Provide a D.C. Licensed Professional Landscape Architect to support the primary
designer in the development of conceptual, semi-final, final designs and obtaining
permits;
i) Provide a D.C. Licensed Professional Architect to support the primary designer in
the development of conceptual, semi-final, and final designs;
j) Provide a D.C. Licensed Land Surveyor who will conduct topographical surveys,
utility surveys, and surveys related to multi-modal transportation needs;
k) Provide a Civil/Geotechnical Engineer licensed in the District of Columbia to
provide geotechnical reports;
l) Provide a Transportation Planner who will review and participate in the design
process for any recommendations related to pedestrian access and movement,
bicycle infrastructure, and vehicular traffic in relation to the Benning Road entrance
that is to include a bus turn around, passenger vehicle entry and parking, pedestrian,
and bicycle access;
m) Provide an Equity Specialist who will review and advise on all aspects of the
project to ensure that plans, designs, and outreach activities are focused on reaching
a diverse and inclusive group of residents from the surrounding neighborhoods of
The Islands and ensuring ADA compliance where possible;
n) Provide a Community Outreach Specialist (person or group of people) who will
lead the community outreach and community input components of project work;
o) Provide a Cost Estimator who will provide cost estimates for the components of the
project throughout the design process;
p) Meet with the DOEE CA on a bi-weekly basis to discuss the status of the project and
conduct design reviews;
q) Coordinate meetings with the DOEE CA and members of the Project Partners team
when necessary and relevant to advance the project;
r) Document all meetings through minutes and disperse meeting minutes to all Project
Partners;
s) Prepare invoices and submit these monthly to the DOEE CA;
t) Submit monthly written progress reports to the DOEE CA;
u) Participate in community meetings as needed; and
v) Manage other tasks as necessary;

C.5.2 Community Outreach and Engagement:
The Design Contractor shall execute Community Outreach and Engagement work which
at a minimum will include a Project Webpage, Community Meetings, Charettes, and
Community Walks.

a. Public Involvement Strategy: The Contractor shall provide a detailed Project
Involvement Strategy that at a minimum meets the Community Outreach and
Engagement requirements of this Contract for both the Master Plan and feature the
Designs of the elements (C.1.2.5) of the Project as well as Designs of the Kingman
Center (C.1.2.7). The Public Involvement Strategy will include key community
contacts, a detailed schedule, and details on how to disseminate information about
key community outreach events and/or milestones. The Public Involvement Strategy
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will be developed in coordination with the Project Partners and will be approved by
DOEE and the Project Partners before work commences to implement it.

i. The Public Involvement Strategy must ensure that locally elected officials (ANCs
& Councilmembers), community groups, stakeholder groups, and other key
community members are kept abreast of Project work and have opportunities to
provide meaningful input.

ii. The Public Involvement Strategy must ensure that all communities adjacent to the
Project Area are aware of and involved in the Project.

iii. The Design Contractor shall implement the public involvement strategy and all
information and decisions received during the scoping process will be used to
document stakeholder input.

b. Project Webpage: With input from the Project Partners update the project webpage
that contains all relevant and publicly accessible information.

i. The Project Webpage shall contain interactive components such as surveys and
survey results during different design phases to allow for online engagement for
residents.

c. Community Meetings: The Design Contractor shall participate in and present about
the project at least 6 community meetings organized by a civic group (ANC
Meetings, Civic Associations, other local civic group meetings, or project-based
meetings or events) during the Concept Design and Master Plan Phase to solicit
information from community residents to help guide development of the concept
designs and master plan. The Design Contractor shall provide a summary of
community feedback to the Project Partners.

i. The Design Contractor shall organize 2 stand-alone community meetings about the
project during this Phase.

d. Design Charettes & Community Walks: The Design Contractor, in partnership
with the Project Partners, shall lead at least two well publicized community design
charettes, and at least two tours of the Project Area for community members during
the Concept Design and Master Plan (Phase II). The Design Contractor shall lead the
outreach efforts to ensure high participation of a diverse array of community
members who live within the immediate vicinity of The Islands and/or who access
and utilize The Islands in the Charettes & Community Walks. The Contractor shall
ensure that the Charettes and Walks are focused on reaching a diverse group of users
and stakeholders.

e. Concept Design Community Presentation Materials: The Design Contractor shall
produce design boards (24 x 36 inches) for public presentations as well as develop a
PowerPoint Presentation to explain the Master Plan, Conceptual Designs, technical
and ecological limitations, community impacts and benefits of the proposed
development alternatives.

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C.5.3 PHASE I – PRE-DESIGN PHASE
During this phase, the DOEE CA will be responsible for:

i. Providing guidance on the objectives of the project
ii. Reviewing and providing feedback on designs and reports within the allotted
timeframe
iii. Coordinating between District government & federal agencies involved in the
project.
iv. Organizing public meetings
v. Participating in project progress meetings, review and provide feedback on designs,
reports, meeting minutes within the allotted timeframe(s) outlined in the SOW.
vi. Reviewing and approving invoices
vii. Aiding the selected contractor in the District review and permitting process

C.5.3.1 During this phase, the Design Contractor (Design Contractor) will work in consultation
with the DOEE Project Manager and stakeholders to:

i. Refine the scope of work as necessary to provide the best value to the District;
ii. Complete Project planning, budgeting, and scheduling;
iii. Evaluate and document the current Project Area Characteristics;
iv. Solicit adequate community and project partner feedback to inform designs and
start Phase II.
v. Advance the design of the Project in a manner consistent with the schedule; and
vi. Obtain any required permits.

C.5.3.2 Within three weeks of Contract award, the Design Contractor will convene three kickoff
meetings:

a) Project Kick-Off Meeting: The Design Contractor, OCP and the DOEE CA shall
convene a Project Kickoff meeting between the selected Design Contractors team
and (“Project Partners”) that includes the CA, representatives from DOEE, DDOT,
DGS, DPR, OCTO, NPS, and other relevant District and Federal Agencies during
which the parties will discuss key deliverables, project timelines and other
expectations. This meeting will also serve to establish necessary connections
between the Design Contractor and members of the Project Partners team. Design
Contractor shall provide meeting minutes.
b) Project Kick-Off Site Visit: The Design Contractor and DOEE shall conduct a
walkthrough of The Islands to review anticipated locations, goals, and characteristics
of the project site. Design Contractor shall provide meeting minutes.
c) Project Kick-Off Regulatory Review Meeting: The Design Contractor, OCP and the
DOEE CA shall convene a Project Kickoff meeting between the selected Design
Contractors team and regulatory entities. Design Contractor shall provide meeting
minutes.
d) Within one month (4 weeks) of the Contract Award the Design Contractor shall
provide a detailed project schedule for the first 24 months of the contract.

C.5.3.3 During the Pre-Design Phase, the Design Contractor shall complete the following:

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C.5.3.3.1 Determination of Current Project Area Characteristics
The Design Contractor shall inspect and examine the Project Area and surrounding
locations and undertake other appropriate activities sufficient to familiarize itself with
surface and subsurface conditions affecting the Project including, but not limited to the
following:
a) The Design Contractor shall conduct their own investigation as well as work with
Project Partners to obtain past reports, plans, studies, or other relevant information
related to the history, land use, or past plans for The Islands;
b) The Design Contractor shall coordinate with Project Partners, including, but not
limited to DOEE, DDOT, DPR, DOB, DGS, OCTO, USACE, NPS (NPS pertaining
only to boating pavilion and floating dock), and others;
c) The Design Contractor shall develop and confirm with DOEE a preliminary trail
map that outlines where trails will be required to be ADA compliant and where they
will not be ADA compliant based on various conditions such as sensitive habitat
areas or other factors that would prevent the construction of ADA compliant trails.
Use existing plans found in ‘KHI Updated concepts 2021 and 2022’ as a start for
designs. These can be found at https://www.kingmanisland.com/the-future
d) The Design Contractor shall inspect the Project Area (C.1.1) and surrounding
locations and undertake other appropriate activities to familiarize itself with surface
and subsurface conditions affecting the Project including, but not limited to, the
following:

i. Review and record existing information for the Project area, including location
and confirmation of depths of any utilities;
ii. Perform field reconnaissance of existing conditions;
iii. Survey Project area including entire anticipated limit of disturbance;
iv. The Design Contractor shall conduct a topographical survey of the anticipated
area of disturbance to ensure ADA compliance for trails and access to facilities
and structures;
v. The Design Contractor shall conduct topographical surveys in the anticipated
area of disturbance for each structural element, including Marsh Landing,
Meadow Pavilion, FLOAT classroom, Eagles Outlook, Understory Classroom,
and Boating Classroom;
vi. The Design Contractor shall conduct topographical surveys of the entire area of
disturbance for the Benning Entrance;
vii. The Design Contractor shall conduct geotechnical surveys of the anticipated
areas of the Meadow Pavilion, FLOAT Classroom and Boating Classroom. This
will include at least 5 mechanical borings in the location of each of these
structures;
viii. The Design Contractor shall conduct geotechnical surveys in the anticipated
areas of the two overlook platforms as well as the Marsh Landing feature. This
will include at least three mechanical borings in the locations of the two overlook
platforms and the Marsh Landing feature;
ix. The Design Contractor shall conduct (at least 10 borings) geotechnical and
topographical surveys in the anticipated area of the Kingman Center to ensure
proper citing;
x. The Design Contractor shall provide cost estimates for 1) for above ground
electrical infrastructure connection, 2) for trenching new electrical infrastructure
connection, and 3) for providing off-grid electrical solutions – for grid
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connectivity to each of the following; Boating Classroom, FLOAT, Meadow
Pavilion, and Kingman Center;

a. The Design Contractor shall provide design specifications on the option that
DOEE chooses to meet electrical needs.
e) Review of Past Community Input: The Design Contractor shall conduct a thorough
review of community feedback from the past 5 years to inform us of the first steps.
Summaries of feedback can be found at https://www.kingmanisland.com/the-future
f) The Design Contractor shall because of such review, inspection, examination, and
other activities, be familiar with all aspects of the physical requirements of the work.
Before beginning any design on any aspect of the Project, the Design Contractor
shall verify all governing dimensions and conditions in the Project Area and shall
examine all adjoining work that may have an impact on such work, including
ecological restoration and work of other agencies such as DDOT work along
Benning Road. The Design Contractor shall be responsible for ensuring that the
design documents accurately depict all governing and adjoining dimensions and
conditions.

C.5.3.3.2 National Historic Preservation Act (NHPA) Section 106 Compliance for the 9
elements in Section C.1.2.5 and the Kingman Center noted in Section C.1.2.7

With the assistance of the Design Contractor, DOEE will consult with State Tribal
Historic Preservation Officers, the ACHP and Native American Indian Tribes regarding
the effects of the preferred alternative as outlined in 36 CFR 800 in compliance with
Section 106 of the NHPA.

The Design Contractor shall prepare transmittal letters to the SHPO’s, THPO’s, Tribes
and the ACHP to initiate Section 106 consultations in accordance with 36 CFR 800.3.
The Design Contractor shall revise and finalize consultation letters per NPS review and
comments. All letters will be signed by the Superintendent. These letters shall include:

1. Test that describes and a map that depicts the Area of Potential Effect (APE) of the
proposed undertaking as defined in 36 CFR 800.16(D);
2. Identification of historic properties within the APE in accordance with 36 CFR 800.4
(C); and
3. An AoE of the proposed undertaking in accordance with 36 CFR 800.5.
4. If it is determined there will be an adverse effect on Historic Properties the Section
106 Consultation Letters shall also include a description of alternatives or
modifications that would avoid, or minimize effects to Historic Properties, or the
proposed mitigation efforts in accordance with 36 CFR 800.6.
5. Consultation with SHPO and NPS to prepare a MOA if adverse effects cannot be
avoided outlining the treatment and mitigation measures agreed upon.

C.5.3.3.3 Current Project Characteristics Report
The Design Contractor shall deliver to the CA a Current Project Characteristics Report
that includes all the findings from C.5.1.1 including technical reports, maps, and
summaries of fundings, including direction from Project Partners, and incorporating
community feedback. This document shall also contain recommendations for Trails and
Structures. The purpose of this document is to clearly outline the parameters for Concept
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Designs in C.5.2. The Current Project Characteristics Report shall be submitted in high
resolution PDF The report shall include the following;

a) An analysis of conservation area existing uses
b) An analysis of community feedback from within the past 5 years, including
community feedback during the Pre-Design Phase (Phase I).
c) Technical reports of the topographical survey’s conducted with possible trail types
noted.
d) Technical reports of all geotechnical surveys conducted with recommendations of
opportunities for structures.
e) A scaled map and technical report of cost estimates for utilities and electrical
infrastructure. This shall include cost estimates of the following:

i. Above ground electrical lines
ii. Trenching new electrical lines
iii. Options for off-grid solar panels and battery storage on FLOAT, Meadow
Pavilion and Boating Pavilion.
f) A summary of project partner parameters and recommendations including, but not
limited to:

i. Ecological Impact and Natural Resources of note to highlight through design.
ii. Site design to manage safety and security concerns.
iii. Sediment and Erosion Control
iv. Stormwater Management opportunities
v. Office of Buildings recommendations
vi. Transportation findings; vehicular, pedestrian, and cycling access, including
options for bus turnaround and parking (4 ADA spaces, and 4 spaces for
maintenance vehicles; standard passenger vehicles).

g) A scaled map of existing utilities
h) A summary and list of all anticipated permits and requirements with details on needs
for permit completion, estimated timelines, and contacts.

C.5.3.3.4 Pre-Design Community Presentations

a. Project Partners: The Design Contractor will convene a meeting of the project
partners to present the Current Project Characteristics Report and solicit feedback
from the project partners.
b. Presentation to Community and Stakeholder Groups: Formally announce the
project, clarify the goals of the project, review highlights of past community
engagement feedback, discuss schedule and solicit information from community
residents to help guide development of the concept designs to at least 6 Community
meetings (ANC, Civic Assoc, other) to Community Members & Stakeholder
Groups.
c. Virtual Community Presentation: Organize and conduct two meetings to
announce the project, clarify the goals of the project, review highlights of past
community engagement feedback, discuss schedule and solicit information from
community residents to help guide development of the concept designs using a
virtual platform.
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d. Design Charettes & Community Walks: Organize two community walks, and two
design charettes that are well publicized to solicit feedback from the public.
e. Project Webpage: Launch and update webpage to ensure project documents are
available to the public and allow for comments to be provided on the Concept
Designs
f. Take minutes: The Design Contractor shall take minutes of all project partner and
community meetings and submit for review, edits, and approval within 5 business
days of each meeting.

C.5.3.3.5 Pre-Design Feedback Report:
a. Solicit feedback from Project Partners regarding the Current Project Characteristics
Report and use that feedback to guide the development of the Concept Designs in
Phase II
b. Solicit feedback from Community Members, and Stakeholders and use that feedback
to guide the development of the Concept Designs in Phase II
c. Meet with the Project Partners to review and discuss main points of pre-design
(phase I) feedback from Project Partners, Community Members, and stakeholder
groups and receive direction for the development of Concept Designs.
d. Produce a Phase I – Pre-Design Community Feedback Report that summarizes key
points of community feedback and Project Partner feedback at this stage.

C.5.4 PHASE II –CONCEPT DESIGN PHASE
The Concept Designs shall be developed concurrently during this phase.

C.5.4.1 During this phase, the DOEE CA will be responsible for:

1. Providing guidance on the objectives of the project;
2. Reviewing and providing feedback on designs and reports within the allotted
timeframe;
3. Coordinating between District & federal government agencies involved in the project;
4. Assisting the Design Contractor in organizing public meetings;
5. Participating in project progress meetings, review and provide feedback on designs,
reports, meeting minutes within the allotted timeframe(s) outlined in the SOW;
6. Reviewing and approving invoices; and
7. Aiding the selected contractor in the District review and permitting process.

C.5.4.2 During this phase, the Design Contractor will work in consultation with the DOEE
Project Manager and stakeholders to:

1. Refine the scope of work as necessary to provide the best value to the District;
2. Organizing public meetings in coordination with DOEE
3. Complete Project planning, budgeting, and scheduling;
4. Develop Concept Designs (30%) for elements in C.1.2.5 for the Islands;
5. Develop (15%) designs for Kingman Center;
6. Solicit adequate community and project partner feedback to inform designs and start
phase III;
7. Advance the design of the Project in a manner consistent with the schedule; and
8. Meet with regulatory agencies to begin the review process; and
9. Obtain any required permits.

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C.5.4.3 Conceptual Designs (30%):
During the Concept Design Phase, the Design Contractor shall complete the following:

C.5.4.3.1 Based on the Current Project Characteristics Report the Design Contractor shall develop
two artistic renderings for each of the elements contained in (C.1.2.5) with two distinct
cost estimates associated with each of the nine elements. These Concept Designs shall
include renderings of all structures, buildings, pavilions, locations, and types of trails.
The concept design of each element shall include diagrams and locations of any
proposed grading with soil volume calculations and a proposed limit of disturbance
(LOD) map, The two versions of each shall accomplish the goal of identifying the range
of potential alternatives. The Design Contractor shall:

a. Develop and prepare concept designs using AutoCAD or similar software and
submit concept designs in PDF and Hard Copy. In total the Design Contractor shall
submit 15 hardcopies of the conceptual designs; One for Meadow Pavilion, one for
FLOAT, one for the trail system and two for each of the remaining 6 of the 9
elements listed in C.1.2.5. The concept design for the trail system shall include the
various types of trails, the locations of the other elements and key ecological
attractions as well as other prominent features such as bridges, roads, and existing
structures. These shall be 24 x 36 inches and printed on foam core. Use existing
concepts found in KHI Updated Concepts 2021 and 2022 as a start for Meadow
Pavilion, FLOAT, and Trail System;

b. Develop and prepare concept design construction cost estimates for FLOAT, Trails
and Meadow Pavilion and each of the two versions of the remaining six (6) of the
nine (9) elements listed in (C.1.2.5), including material quantities and unit price
costs as well as additional professional services (arborists, landscaping, etc.), for the
proposed time of construction, taking into consideration potential factures that may
influence the cost of materials and construction;

c. Develop and prepare concept designs for trail system, including various trail types
based on options selected by DOEE PM and project partners team. The concept
designs for the trail system shall include a wayfinding signage outline that includes
draft locations, content, and size of each sign. The wayfinding signage set shall
include only locations within the Kingman and Heritage Islands Conservation Area.
In addition, an interpretive signage set shall be included in the trail system concept
designs. The location and topic of each sign shall be included. The Design contractor
shall solicit and gather interpretive topics from DOEE and the project partners’ team.
A second ‘external’ wayfinding signage set outline shall include locations in nearby
neighborhoods and within the RFK campus so that potential visitors can easily find
the location of the entrances to the conservation area. This ‘external wayfinding
signage set shall be developed in coordination with DDOT and Events DC. The trail
system shall be a scaled map that depicts the locations and types of trails, major
topographic features, key ecological features, as well as the location of each of the
other 8 elements noted in (C.1.2.5);

d. Prepare concept designs using AutoCAD or similar software for stormwater
management features to manage the stormwater generated by impervious surfaces
associated with each newly planned element per the DOEE Stormwater Guidebook
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2013 that will serve as stormwater management functional and demonstration
features. Submit in PDF format and hard copy;

e. divide the trail plans and cost estimates for trail plans into three distinct components:
The Heritage trail; the South Kingman Trail from Eagles Outlook to the Southern
end of Kingman; and the main trail network on Kingman Island. The Design
Contractor shall provide two versions of each, and cost estimates for the two
versions of these distinct trail components;

f. Provide only a concept (15%) of the trail component that takes pedestrians and
cyclists beneath Benning Road bridge;
g. Use community input gathered through community meetings, walks, and charettes in
development of conceptual designs;

h. Prepare a description of each alternative that explains how the proposed alternatives
will address the development objectives (C.1.2) and the limitations outlined in the
Current Project Characteristics Report;

i. Develop a Word document that includes all Concept designs and associated content
(Everything in C.5.4.3) for use as a tool to gather feedback from DOEE and Project
Partners. Include a comments matrix to accompany the word document to capture
feedback; and

j. Conduct workshops with Project Partners to develop Concept Designs.

C.5.4.3.2 (15%) Designs of Kingman Center
Based on the Current Project Characteristics Report the Design Contractor shall develop
three artistic renderings for The Kingman Center (C.1.2.7) with three distinct cost
estimates. The design contractor shall conduct an analysis on the potential of achieving
each of the seven performance categories of the Living Building Challenge; Place,
Water, Energy, Health and Happiness, Materials, Equity, and Beauty. The three
renderings of the Kingman Center shall accomplish the goal of identifying the range of
potential options. The Design Contractor shall:

a. Conduct an analysis and provide a report in PDF form of the potential of achieving
each of the seven performance categories of the Living Building Challenge; Place,
Water, Energy, Health and Happiness, Materials, Equity, and Beauty;

b. Develop concept designs using AutoCAD or similar software and submit concept
designs in PDF and Hard Copy. In total the Design Contractor shall submit 6 boards;
one for each of the 3 renderings of the Kingman Center and 3 additional boards, each
one corresponding to its respective Kingman Center rendering, highlighting the
potential to achieve the seven performance categories of the Living Building
Challenge for that rendering. These shall be 24 x 36 inches and printed on foam
core;

c. Develop concept designs using AutoCAD or similar software for stormwater
management features to manage stormwater from impervious surfaces per the DOEE
Stormwater Guidebook 2013 that will serve as stormwater management
demonstration features. Stormwater management features must be designed to
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capture 1.7 inches per storm event. Submit concept designs in PDF and Hard Copy.
Prepare design and construction cost estimates post-15% design for each of the three
renderings of the Kingman Center, including estimated material quantities and unit
price costs as well as additional professional services (arborists, landscaping, etc.),
for the proposed time of construction, taking into consideration potential factures
that may influence the cost of materials and construction;

d. Use community input gathered through community meetings, walks, and charettes in
development of 15% designs;

e. Prepare a description of each alternative that explains how the proposed alternatives
will address the development objectives (C.1.2.7) and the limitations outlined in the
Current Project Characteristics Report; and
f. Prepare and share a comments matrix with the DOEE PM and conduct workshops
with DOEE and Project Partners to develop 15% designs for Kingman Center.

C.5.4.3.3 Concept Design Community Presentations

a) Presentation to Project Partners: Formally present Concept Designs (30%) and
Kingman Center 15% design DRAFTs to Project Partners: the contractor will
convene a meeting of the project partners to present the concept designs and solicit
feedback from the project partners.
b) Presentation to Regulatory Agencies: Present 30% Concept Designs and 15%
Kingman Center designs to regulatory agencies and solicit feedback.
c) Presentation to Community and Stakeholder Groups: Formally present Concept
Designs (30%), and Kingman Center 15% design DRAFTs to at least 6 Community
meetings (ANC, Civic Assoc, other) to Community Members & Stakeholder
Groups.
d) Virtual Community Presentation: Organize and conduct two meetings to formally
present Concept Designs (30%), and Kingman Center 15% design DRAFTs to the
public using a virtual platform.
e) Design Charettes & Community Walks: Organize two community walks, and two
design charettes that are well publicized to solicit feedback from the public.
f) Project Webpage: Update webpage to ensure project documents are available to the
public and allow for comments to be provided on the Concept Designs and Kingman
Center designs.
g) Take minutes: The Design Contractor shall take minutes of all project partner and
community meetings and submit for review, edits, and comments within 5 business
days of each meeting.

C.5.4.3.4 Concept Designs (30%) and Kingman Center (15%) designs Feedback:

a. Solicit feedback from Project Partners, Community Members, and Stakeholders and
use that feedback to guide the modification and finalization of the Concept Designs
(30%) and Kingman Center 15% designs.
b. Meet with the Project Partners to review and discuss main points of Concept Designs
(30%) and Kingman Center 15% designs feedback from Project Partners,
Community Members, and stakeholder groups to receive direction to inform the start
of phase III.
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c. Provide Concept Designs to regulatory agencies to begin the regulatory review
process. Solicit feedback and modify as necessary.
d. Produce a Concept Design Community Feedback Report that summarizes key points
of community feedback and Project Partner feedback related to the Concept Designs
(30%) and Kingman Center 15% designs.
e. Meet with the DOEE CA and other DOEE to assist in selecting which Concept
Designs (C.1.2.5) to move forward with, as well as which Kingman Center Design to
advance.

C.5.4.3.5 Concept Designs (30%) and Kingman Center (15%) Report Submission Package

a. The Design Contractor shall provide Concept Designs (30%) and Kingman Center
(15%) plans and accompanying report that updates the 30% Concept Designs for
C.1.2.5 and the Kingman Center 15% plans based on DOEE selection of options and
feedback.
b. The Contractor shall provide PDFs of the report components; one 24”x36” board for
each of the selected 9 elements in the Concept Design (C.1.2.5) and two for the
Kingman Center (one rendering and one depicting the seven-performance standards
potential for the selected 15% design to achieve the seven performance categories of
Living Building Challenge associated with the selected rendering).

c. Develop a Design-Build SOW for the Kingman Center taking it from 15% designs to
100% construction ready drawings, obtain permits and complete construction aiming
to meet Living Building Challenge Certifications.

C.5.5 PHASE III – SEMI-FINAL DESIGN PHASE (65%)
Upon finalization of the Master Plan, the 30% Concept Designs and the 15% Kingman
Center Designs the Design Contractor shall develop semi-final designs (65%) for the
elements listed in C.1.2.5.

C.5.5.1 During this phase, the DOEE CA will be responsible for:
a. Providing guidance on the objectives of the project;
b. Reviewing and providing feedback on designs and reports within the allotted
timeframe;
c. Coordinating between District government agencies involved in the project;
d. Organizing public meetings;
e. Participating in project progress meetings, review and provide feedback on designs,
reports, meeting minutes within the allotted timeframe(s) outlined in the SOW;
f. Reviewing and approving invoices; and
g. Aiding the selected contractor in the District review and permitting process.

C.5.5.2 During this phase, the Design Contractor will work in consultation with the DOEE
Project Manager and stakeholders to:

a. Refine the scope of work as necessary to provide the best value to the District;
b. Complete Project planning, budgeting, and scheduling;
c. Develop Semi-Final Designs (65%) for elements in C.1.2.5;
d. Solicit adequate community and project partner feedback to inform designs and start
phase IV;
e. Advance the design of the Project in a manner consistent with the schedule; and
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f. Obtain required permits;

C.5.5.3 During the Semi-Final Design Phase, the Design Contractor shall complete the
following:

C.5.5.4 Semi-Final Designs (65%):
Based on the finalized Conceptual Designs of each of the elements contained in
(C.1.2.5) the Design Contractor shall advance renderings and designs to a Semi-Final
stage (65%). These Semi-Final Designs shall include renderings of all structures,
buildings, pavilions, electrical components, materials choices, locations, and
specifications on types of trails. The Design Contractor shall:

1. Develop Semi-Final (65%) designs using AutoCAD or similar software and submit
Semi-Final designs in PDF and Hard Copy. In total the Design Contractor shall
submit 12 hardcopies of the Semi-Final designs; one for each of the eight elements
listed in C.1.2.5 that are not the trails, and three for the distinct trail segments;
Heritage, South Kingman (includes Eagles Outlook and South) and Main Kingman
(includes Eagles Outlook and North), and one overall trail map of the entire
conservation area denoting the locations of the elements, ecological features, and
other features such as existing bridges, roads, and structures. These hard copies shall
be 24 x 36 inches and printed on foam core.
2. Prepare Semi-Final design construction cost estimates for each of the nine elements
listed in (C.1.2.5), including material quantities and unit price costs as well as
additional professional services (solar installation, landscaping, etc.), for the
proposed time of construction, taking into consideration potential factures that may
influence the cost of materials and construction.
3. Divide the trail plans and cost estimates for trail plans into three distinct
components: The Heritage trail; the South Kingman Trail from Eagles Outlook to the
Southern end of Kingman; and the main trail network on Kingman Island from
Eagles Outlook and everything North to Benning rd. Gather and include the content
of the interpretive signage set as well as specifications for location, orientation, and
size of each sign. Include the wayfinding signage sets, as well as the ‘external’
wayfinding signage sets.
4. Include a revised scaled map of the area for each of the elements in C.1.2.5 showing
all components included in existing conditions, utilities, delineated wetlands, waters
of the U.S. and major topographic features.
5. Include standard structure details; and
6. Sequence of construction.
7. Use community input gathered through community meetings, walks, and charettes in
development of Semi-Final designs;
8. Include an Erosion and Sediment Control plan (ESC) plan that includes at a
minimum:

i. An ESC cover sheet providing the 2017 District of Columbia Standards and
Specifications for Soil Erosion and Sediment Control language and legend;
ii. ESC plan views for each phase of construction;
iii. ESC standard detail sheets and notes taken from 2017 District of Columbia
Standards and Specifications for Soil Erosion and Sediment Control guidelines;
and
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iv. A detailed narrative describing the intent of the project (or site information) and
sequence of construction.
9. Develop a Word document that includes all Semi-Final designs and associated
content for use as a tool to gather feedback from DOEE and Project Partners. Include
a comments matrix to accompany the word document to capture feedback.
10. Information regarding ESC can be found at http://doee.dc.gov/esc. It is
recommended that the Design Contractor completes the ESC plans prior to the pre-
application meeting with the regulatory agencies; the meeting is an excellent
opportunity to ask or respond to specific questions and obtain immediate feedback.
11. Conduct workshops with Project Partners to develop Semi-Final Designs.

C.5.5.5 Semi-Final Design (65%) Community Presentations

a) Presentation to Project Partners: Formally present Semi-Final (65%) and
DRAFTs to Project Partners: the contractor will convene a meeting of the project
partners to present the Semi-Final (65%) and solicit feedback from the project
partners.
b) Presentation to Regulatory Agencies: Present Semi-Final Designs (65%) to
regulatory agencies and solicit feedback.
c) Presentation to Community and Stakeholder Groups: Formally present Semi-
Final (65%) DRAFTs to at least 6 Community meetings (ANC, Civic Assoc, other)
to Community Members & Stakeholder Groups and solicit feedback from the
public.
d) Virtual Community Presentation: Organize and conduct two meetings to
formally present Semi-Final (65%) DRAFTs to the public using a virtual platform
and solicit feedback from the public.
e) Design Charettes & Community Walks: Organize two community walks, and
two design charettes that are well publicized to solicit feedback from the public.
f) Project Webpage: Update webpage to ensure project documents are available to
the public and allow for comments to be provided on the Semi-Final (65%)
Designs.
g) Take minutes: The Design Contractor shall take minutes of all project partner and
community meetings and submit within 5 business days of each meeting.

C.5.5.6 Semi-Final Design (65%) Feedback:
a. Solicit feedback from Project Partners, Community Members, and Stakeholders and
use that feedback to guide the modification and finalization of the Semi-Final Design
(65%);
b. Meet with the Project Partners to review and discuss main points of Semi-Final
(65%) Design feedback from Project Partners, Community Members, and
stakeholder groups and receive direction for finalization of Semi-Final Design
(65%);
c. Produce a Semi-Final Design Community Feedback Report that summarizes key
points of community feedback and Project Partner feedback related to the Semi-
Final Design (65%).

C.5.5.7 Semi-Final Design (65%) Report Submission Package
a. The Design Contractor shall provide Semi-Final Design (65%) plans and an
accompanying report that updates the 65% Semi-Final Designs for C.1.2.5 based on
and documenting DOEE selection of options and feedback from DOEE, Project
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Partners and community input. This Semi-Final Design Report Submission Package
shall be submitted as a PDF.

b. The Design Contractor shall provide twelve (12) hard copies on foam core that are
24” x 36” each. Included in the twelve (12) hard copies will be; one overall scaled
trail map that includes graphic depictions and locations of the remaining 8 elements,
ecological amenities, and existing elements such as bridges, roads and structures;
three trail map segments, one for each of the area including Eagles Outlook and
South, Eagles Outlook and North, and the Heritage Island area that includes the RFK
entrance and wooden bridges; and eight foam core boards, one for each of the
remaining 8 elements. These will be used to collect feedback at community
meetings, project partner meetings and within DOEE.

C.5.5.8 Semi-Final (65%) Design Permitting coordination and preparation
Submit 65% of the design package to DOB for formal review from appropriate District
regulatory agencies which could include but not limited to DOB, DDOT, DOEE, and
DC Water. This will include coordinating with PEPCO to work toward permitting
DOEE’s chosen electrical solution. The Contractor will be responsible for paying all
permit fees.

C.5.6 PHASE IV – FINAL DESIGNS (100%) and PERMITTING

C.5.6.1 Final (100%) Design Construction Specifications and Cost Estimates for the 9
elements described in C.1.2.5

a. The 100% design plans are a refinement of the 65% design plans. The Design
Contractor should be aware that it might be required to make additional revisions to
the 100% design plans and supporting documents by DOEE and the regulatory
agencies during their project review. The 100% design plans will require the
signature and stamp of a professional engineer licensed in the District of Columbia
prior to the permit applications through District agencies such as DDOT and 100%
submission to DOEE. The designs will need to conform with DOEE’s stormwater
regulations, sediment and erosion control regulations, PEPCO regulations, DC fire
code, and other standards. The stormwater to be captured will be 1.7 inches per
event.
b. If there are substantial comments on the 65% design plans, the Contractor may
submit two pre-final proof sets of the 100% design plans for review prior to
submitting final plans. Any changes that occur because of comments on 65% design
plans will be discussed with DOEE prior to submission of 100% design plans.
c. The Design contractor shall develop and share and track a comments matrix along
with a word document to glean feedback from DOEE and Project Partners. The
Design Contractor shall host two workshops with DOEE and Project Partners to
develop Final 100% designs.
d. Construction Specifications and Construction Cost Estimate. The Contractor shall
update the construction specifications and construction cost estimate and provide
written justification for any significant changes to the cost estimate provided in the
semi-final design submission. The contractor shall ensure the Construction
Specifications meet Project Partner Requirements.

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C.5.6.2 Final Design (100%) Community Outreach
a. Project Webpage: The Contractor will update the Project webpage with pertinent
information from the 100% designs (plans, reports, meeting announcements, etc.)
b. Presentation to Project Partners: Formally present Semi-Final (65%) and DRAFTs
to Project Partners: the contractor will convene a meeting of the project partners to
present the Semi-Final (65%) and solicit feedback from the project partners.
c. Presentation to Regulatory Agencies: Present 100% Final Designs to regulatory
agencies and solicit final feedback.
d. ANC Meetings: The Contractor will in coordination with DOEE make themselves
available to attend and brief at least 6 Advisory Neighborhood Commissions to the
Project Area and/or other community groups with approval of the Project Partners
e. Stand Alone Project Meetings: The Contractor will host two standalone project
meetings to brief community residents on the 100% designs. These meetings will be
at geographically different locations and be made available online line as well.
f. Presentation Materials: The Contractor will be responsible for the development,
production, and distribution of all Community Engagement and Outreach materials
including flyers for surrounding neighborhoods.

C.5.6.3 100% Design Submission Package

a. The Contractor shall submit to DOEE PDF files of the final construction
specifications and the final cost estimates. All signage sets completed by DOEE
(OCEO) shall be included. 100% design plans must be signed and stamped by a
professional engineer licensed in the District. The page size for the 100% design
plans PDF files will be 36” x 48” inches.
b. The Contractor shall provide 11 foam core boards size Arch E (36” X 48”) that
include the final artistic renderings of the nine elements in C.1.2.5 and one board of
the artistic rendering of the 15% design for the Kingman Center and one board
highlighting the features of the Kingman Center and how they meet the various
performance categories of the Living Building Challenge.
c. The Final 100% Design Submission Package shall be uploaded onto the Project
webpage after final DOEE review is completed.

C.5.6.4 Obtain Project Permits
District Permits: The Contractor shall submit/update the 100% design package to the DC
Department of Buildings (DOB) for all necessary permits. The cost of construction
permits and fees shall be borne by the Contractor. The Design Contractor shall provide
DOEE with both the original and scanned copies of all project permits. Permits received
through DOB may include but are not limited to the following:

a. DOEE: stormwater permits, sediment and erosion control permits, and Water
Quality Certification
b. DOB building permits, structural permits, historic permits (as applicable)
c. District Department of Transportation public space permits and permits associated
with bus turn arounds, and other vehicular components including, but not limited to
parking spaces and vehicular entryway. The Contractor shall provide 10 foam core
boards size Arch E (36” X 48”) that include the final artistic renderings of the 9
elements in C.1.2.5 and one board of the artistic rendering of the 15% design for the
Kingman Center and one board highlighting the features of the Kingman Center and
how they meet the various performance categories of the Living Building Challenge.
CW129427: FY24 Kingman and Heritage Islands Design
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d. PEPCO utility review and permitting of DOEE’s chosen electrical solution.
e. Federal Permits 1. USACE Section 404d Nationwide Permit or other applicable
permits through USACE Baltimore District necessary for project work to
commence.

C.5.6.5 Construction Solicitation Participation
a. The Design Contractor shall develop the Construction Solicitation with guidance
from OCP and DOEE and specifically develop the SOW for the construction of the
elements outlined in C.1.2.5
b. The Design Contractor shall participate in the Construction Solicitation Process by
answering technical questions during the construction bid process posed by OCP or
construction contractors bidding on the project.
c. If necessary, the Contractor will participate in the bid negotiation process to help
ensure the District pays a fair market rate for the development work.

C.5.6.6 Kingman Center Design-Build Solicitation
a. Develop a Design-Build SOW for the Kingman Center taking it from 15% designs to
100%, permits and completed construction aiming to meet Living Building
Challenge Certifications.
b. The Design Contractor shall participate in the Design-Build Solicitation Process by
answering technical questions during the construction bid process posed by OCP or
construction contractors bidding on the project.
c. If necessary, the Contractor will participate in the bid negotiation process to help
ensure the District pays a fair market rate for the development work.

C.5.7 PHASE V – CONSTRUCTION SUPPORT (OPTION YEAR 1)

C.5.7.1 Provide Construction Oversight

During the Construction phase, the Design Contractor shall be required to provide
construction oversight for a separate construction contractor by visiting the construction
site and coordinating with the construction contractor to ensure design elements are
being constructed properly and in accordance with the approved and permitted plans to
achieve substantial completion of the project by the end of the contract term. Any
corrective work shall be provided by the Design Contractor.

a. Provide construction oversight assistance for C.1.2.5.1 Revitalized Benning
Entrance.
b. Provide construction oversight assistance for C.1.2.5.2 Interconnected Trail System
c. Provide construction oversight assistance for C.1.2.5.3 Boating Classroom
d. Provide construction oversight assistance for C.1.2.5.4 Meadow Pavilion
e. Provide construction oversight assistance for C.1.2.5.5 FLOAT Classroom
f. Provide construction oversight assistance for C.1.2.5.6 Understory Classroom
g. Provide construction oversight assistance for C.1.2.5.7 Eagle’s Overlook
h. Provide construction oversight assistance for C.1.2.5.8 Marsh Landing
i. Provide construction oversight assistance for C.1.2.5.9 additional trailside features.

C.5.8 PHASE V – CONSTRUCTION SUPPORT (OPTION YEAR 2)
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C.5.8.1 Provide Construction Oversight
During the Construction phase, the Design Contractor shall be required to provide
construction oversight for a separate construction contractor by visiting the construction
site and coordinating with the construction contractor to ensure design elements are
being constructed properly and in accordance with the approved and permitted plans to
achieve substantial completion of the project by the end of the contract term. Any
corrective work shall be provided by the Design Contractor.

a. Provide construction oversight assistance for C.1.2.5.1 Revitalized Benning
Entrance.
b. Provide construction oversight assistance for C.1.2.5.2 Interconnected Trail System
c. Provide construction oversight assistance for C.1.2.5.3 Boating Classroom
d. Provide construction oversight assistance for C.1.2.5.4 Meadow Pavilion
e. Provide construction oversight assistance for C.1.2.5.5 FLOAT Classroom
f. Provide construction oversight assistance for C.1.2.5.6 Understory Classroom
g. Provide construction oversight assistance for C.1.2.5.7 Eagle’s Overlook
h. Provide construction oversight assistance for C.1.2.5.8 Marsh Landing
i. Provide construction oversight assistance for C.1.2.5.9 additional trailside features.

C.5.9 PHASE V – CONSTRUCTION SUPPORT (OPTION YEAR 3)

C.5.9.1 Provide Construction Oversight
During the Construction phase, the Design Contractor shall be required to provide
construction oversight for a separate construction contractor by visiting the construction
site and coordinating with the construction contractor to ensure design elements are
being constructed properly and in accordance with the approved and permitted plans to
achieve substantial completion of the project by the end of the contract term. Any
corrective work shall be provided by the Design Contractor.

a. Provide construction oversight assistance for C.1.2.5.1 Revitalized Benning
Entrance.
b. Provide construction oversight assistance for C.1.2.5.2 Interconnected Trail System
c. Provide construction oversight assistance for C.1.2.5.3 Boating Classroom
d. Provide construction oversight assistance for C.1.2.5.4 Meadow Pavilion
e. Provide construction oversight assistance for C.1.2.5.5 FLOAT Classroom
f. Provide construction oversight assistance for C.1.2.5.6 Understory Classroom
g. Provide construction oversight assistance for C.1.2.5.7 Eagle’s Overlook
h. Provide construction oversight assistance for C.1.2.5.8 Marsh Landing
i. Provide construction oversight assistance for C.1.2.5.9 additional trailside features.

C.6 KEY PERSONNEL

The Offeror shall set forth in its proposal the names and reporting relationships of the
key personnel the Offeror will use to perform the work under the proposed contract.
Names and roles of key personnel must be specifically called out in the Proposed
Methodology (Section L.2.8.1). The identified key personnel should have worked on
projects demonstrated in Sections L.2.8.2 and L.2.8.3. Their resumes shall be included,
and the hours that each will devote to the contract shall be provided in total and broken
CW129427: FY24 Kingman and Heritage Islands Design
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down by task. The District considers the following positions to be key personnel for this
contract:

Position and Description Minimum Requirements to Meet the Criteria of the
Factor
Principal-in-charge
Responsible for coordinating the
work of others in the project team to
ensure that significant and
foreseeable risks (e.g., in assessing
site conditions, design, budget,
schedule) are managed throughout
the design process.
The Principal-in-charge must be a registered architect in
the District of Columbia, licensed engineers in the District
of Columbia, or certified landscape architects in Maryland
or Virginia. Has held the position of Principal in Charge for
the past ten (10) years and has overseen at least one park
design project with a design contract cost of more than $1
million, including trails and structural amenities.
Project Managers
Project manager will be responsible
for the design and Construction
support of trails, built structures and
construction support. Offerors will
assign one point of contact. (POC)
who will be accountable to DOEE.
Project manager(s) will be
responsible for: overall project
planning, including design,
budgeting, scheduling, and contract
administration; ensuring that
adequate personnel and resources are
assigned to the Project to meet
project goals, including organizing
and facilitating public meetings;
delivery of the Project, including
permitting services.
Each of the proposed Project Manager(s) shall individually
meet the following requirements:
Possesses a valid registration as an architect or licensed
professional engineer in the District of Columbia,
Maryland, or Virginia; or as a landscape architect in
Maryland or Virginia. Professional experience of at least
(10) years, have served as the project manager for a
minimum of one park design project, valued at over $1
million, encompassing the construction of trails and/or built
structures. Projects requiring interaction with District of
Columbia review agencies and the entitlement process were
managed by the individual in question. Possess prior
experience coordinating community engagement efforts for
District of Columbia park and open space initiatives.
Primary Designer
Will be responsible for actively
overseeing and managing the
development of conceptual, semi-
final and final designs, including, but
not limited to, regularly consulting
with the landscape architect,
architect, engineer, and
transportation planner including
prior to each stage of DOEE and
DOB submittal, and actively
monitoring and promptly responding
to comments from agencies during
the permit review process.

The Primary Designer proposed a) Is a registered architect
in the District of Columbia or a licensed professional
engineer registered in the District of Columbia, or a
licensed landscape architect registered in Maryland or
Virginia. b) Has held the position of project manager within
the last ten (10) years for at least one park design project,
with a contract amount of over $1M and which involved
trails and/or built structures. c)Has served as project
manager on projects that required interaction with District
of Columbia review agencies and the entitlement process.
d)Shall demonstrate experience with community
engagement for park and open space projects in the District
of Columbia.
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Landscape Architect
Will be responsible for supporting
the Primary Designer and developing
the design of trails, landscaping
features, specific siting of structural
amenities, and the selection of plants
for landscaping features, including
integration of landscaping features
with outdoor classrooms, view
sheds, natural play spaces and spaces
that facilitate interactive engagement
with nature. The Landscape
Architect will be responsible for
coordinating with the Ecological
Restoration Professional and the
Project Architect on the
comprehensive park plan
The proposed Landscape Architect shall meet the following
requirements: Is a licensed landscape architect registered
in Maryland or Virginia. Has served as lead landscape
architect on at least projects within the past five years.
Projects shall demonstrate landscape design that integrates
ecological restoration strategies; at least one shall be for a
master park plan that includes trails through or near
sensitive habitats and facility design; at least two shall
include the design of outdoor classrooms/environmental
education spaces; at least one shall have had a total budget
of $1M or more.

Project Architect
Will be responsible for supporting
the Primary Designer and actively
overseeing and managing the
development of designs, receiving,
and responding to design input from
various stakeholders, promptly
responding to comments from
agencies during the permit review
process, managing the overall
schedule and budget to ensure
project is completed within allotted
time and budget.
Project Architect shall meet the following requirements: Is
a registered architect in the District of Columbia. Shall
demonstrate experience in the design and execution of
projects, on time and on budget, and to a high degree of
customer satisfaction. Has served as project architect for at
least five projects within the last ten (10) years, at least two
shall include the design of outdoor
classrooms/environmental education spaces; at least one
project shall have included integration of sustainable
stormwater strategies and green building strategies; at least
one shall have had a total design budget of $3.5M or more.

Professional Engineer
Will be responsible for supporting
the Primary Designer and actively
overseeing and managing the
development of designs, receiving,
and responding to design input from
various stakeholders, promptly
responding to comments from
agencies during the permit review
process, managing the overall
schedule and budget to ensure
project is completed within allotted
time and budget. The Professional
Engineer will be responsible for
approving and stamping or
coordinating the stamping of the
original drawings to be permitted.
The proposed Professional Engineer shall meet the
following requirements: Is a registered Professional
Engineer in the District of Columbia.
Shall demonstrate experience in the design and execution
of projects, on time and on budget, and to a high degree of
customer satisfaction. Has served as project engineer for at
least five projects within the last 10years, at least two shall
include the design of outdoor classrooms/environmental
education spaces; at least one (project shall have included
integration of sustainable stormwater strategies and green
building strategies; at least one shall have had a total design
budget of $3.5M or more.

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Land Surveyor
Will be responsible for supporting
the Primary Designer and actively
overseeing and managing the
gathering of information to assess
site conditions necessary to assess
viability of existing infrastructure,
design trails, structural amenities,
and transportation amenities. The
Land Surveyor shall be responsible
for conducting topographical
surveys, utility surveys, obtaining
Geotech surveys with a Geotech
Engineer and surveys related to
multi-modal transportation needs.
The proposed Land Surveyor shall meet the following
requirements: Is a licensed Land Surveyor registered in the
District of Columbia.
Has demonstrated effectiveness working with Engineers,
Architects, and Landscape Architects to acquire supporting
documentation of topography, utilities, and transportation
to support the design process for trails, structures,
transportation facilities and utilities. Has demonstrated
experience interacting with District of Columbia agencies
for project coordination and permit reviews.

Civil/Geotechnical Engineer
Will be responsible for supporting
the Land Surveyor and Primary
Designer and actively overseeing
and managing the Geotech analysis
Geotech analysis shall meet the following requirements: Is
a licensed professional engineer registered in the District of
Columbia. Has demonstrated experience interacting with
District of Columbia agencies for project coordination and
permit reviews.

Cost Estimator

Cost Estimator shall meet the following requirements:
Has at least fifteen (15) years’ experience as a cost
estimator.

Transportation Planner
Will be responsible for supporting
the Primary Designer and actively
overseeing and managing the design
of the multi-modal spaces within the
project including the Revitalized
Benning Entrance (C.1.2.5.1) and
trails where pedestrians may come in
contact with EMS or Maintenance
Vehicles.
The Transportation Planner shall meet the following
requirements: Is a licensed Traffic Engineer registered in
the District of Columbia. Has demonstrated experience
interacting with District of Columbia agencies for project
coordination and permit reviews.

Equity Specialist
Will be responsible for supporting
the Primary Designer and by
reviewing and advising on all aspects
of the project to ensure that plans,
designs, and outreach activities are
focused on reaching a diverse and
inclusive group of residents from the
surrounding neighborhoods of The
Islands and ensuring ADA
compliance where possible.
The Equity Specialist shall meet the following
requirements. Has demonstrated Diversity, Equity, and
Inclusion (DEI) experience or certifications. Has
demonstrated experience interacting with District of
Columbia communities.

Community Outreach Specialist
(individual or group of people) Will
be responsible for supporting the
Primary Designer and will lead the
community outreach and community
input components of project work.

The Community Outreach Specialist shall meet the
following requirements: Has demonstrated experience
and/or certifications in community outreach. Has
demonstrated experience interacting with District of
Columbia communities.

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SECTION D: PACKAGING AND MARKING
RESERVED

SECTION E: INSPECTION AND ACCEPTANCE
RESERVED

SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT
The term of the contract shall be for a period of 24 months from the date of the award
specified on the cover page of this contract.

F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT

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

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

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

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

F.3 DELIVERABLES
The Contractor shall perform the activities required to successfully complete the
District’s requirements and submit each deliverable to the Contract Administrator (CA)
identified in section G.9 in accordance with the following:

Base Year/Period Project Deliverables:
Routine requirements
a. Bi-weekly meetings with the DOEE CA throughout the duration of the contract
b. Bi-weekly Project Meeting Agendas and Minutes
c. Monthly invoices
d. Monthly Progress Reports

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Line-
Item No. Deliverable Quantity Format/Method of
Delivery Due Date
1
Kick off meeting with DOEE,
CA, Design Contractor, Project
Partners, plus meeting minutes
(C.5.1.a)
1
Virtual meeting with
PDF/Electronic
minutes
Within 3 weeks after
Contract Award
2
Half- day walk through with
DOEE and Project Partners,
plus minutes (C.5.1.b)
1
In Person meeting
with PDF/Electronic
minutes
Within 3 weeks after
Contract Award
3
Kick off meeting with
regulatory agencies, plus
minutes (C.5.1.c)
1
Virtual meeting with
PDF/Electronic
minutes
Within 3 weeks after
Contract Award
4
Deliver a Detailed Project
Schedule for the first 24 months
of the project. (C.5.1.d)
1 PDF/Electronic Within 4 weeks after
Contract Award
5
Deliver “Current Project
Characteristics Report”
(C.5.3.3.3)
1 PDF/Electronic Within 4 months after
Contract Award
6
Project Partner Presentation of
Current Characteristics, plus
feedback with minutes
(C.5.3.3.4.a)
1
Virtual meeting with
PDF/Electronic
minutes
Within 4 months after
Contract Award
7
Community Stakeholder
Presentations, plus feedback,
with minutes (C.5.3.3.4.b) 6
Virtual and In
Person with
PDF/Electronic
minutes
Within 4 months after
Contract Award
8
Virtual Community
Presentations with minutes
(C.5.3.3.4.c)
2
Virtual with
PDF/Electronic
minutes
Within 4 months after
Contract Award
9 Design Charettes &
Community Walks (C.5.3.3.4.d) 2
In Person with
PDF/Electronic
minutes
Within 4 months after
Contract Award
10 Launch Project Webpage
(C.5.3.3.4.e) 1 Virtual Within 6 weeks after
Contract Award
11
Develop Concept Designs
(30%) (C.5.4.3) 1
PDF/Electronic plus
15 (24X36") foam
core boards
Within 5 months after
Contract Award
12
Develop 15% Designs for
Kingman Center (C.5.4.3.2) 1
PDF/Electronic plus
6 (24x36”) foam
core boards
Within 5 months after
Contract Award
13
Concept Design Presentations
to Project Partners with minutes
(C.5.4.3.3.a)
1
Virtual with
PDF/Electronic
minutes
Within 6 months after
Contract Award
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Line-
Item No. Deliverable Quantity Format/Method of
Delivery Due Date
14
Concept Design Presentation to
Regulatory Agencies with
minutes (C.5.4.3.3.b)
1
Virtual with
PDF/Electronic
minutes
Within 7 months after
Contract Award
15
Concept Design Community
Presentations and minutes
(C.5.4.3.3.c) 6
Virtual and in
person with
PDF/Electronic
minutes
Within 8 months after
Contract Award
16
Concept Design Virtual
Community Presentations
(C.5.4.3.3.d)
2
Virtual with
PDF/Electronic
minutes
Within 8 months after
Contract Award
17
Concept Design Charettes and
Community Walks (C.5.4.3.3.e) 2
In Person with
PDF/Electronic
minutes
Within 8 months after
Contract Award
18 Update Project Webpage
(C.5.4.3.3.f) 1 Electronic Within 6 months after
Contract Award
19
Concept Design (30%) and
Kingman Center (15%) Report
Submission Package (C.5.4.3.4)
1 PDF/Electronic Within 9 months after
Contract Award
20
Develop (65%) Semi-Final
Designs (C.5.5.4) 1
PDF/electronic plus
12 foam core prints
(24”x36”)
Within 10 months
after Contract Award
21
Semi-Final Design (65%)
Presentations to Project
Partners with minutes
(C.5.5.5.a)
1
Virtual with
PDF/Electronic
minutes
Within 10 months
after Contract Award
22
Semi-Final Design (65%)
Presentation to Regulatory
Agencies with minutes
(C.5.5.5.b)
1
Virtual with
PDF/Electronic
minutes
Within 11 months
after Contract Award
23
Semi-Final Design (65%)
Community Presentations and
minutes (C.5.5.5.c) 6
Virtual and in
person with
PDF/Electronic
minutes
Within 12 months
after Contract Award
24
Semi-Final Design (65%)
Virtual Community
Presentations (C.5.5.5.d)
2
Virtual with
PDF/Electronic
minutes
Within 12 months
after Contract Award
25
Semi-Final Design (65%)
Charettes and Community
Walks (C.5.5.5.e)
2
In Person with
PDF/Electronic
minutes
Within 12 months
after Contract Award
26 Update Project Webpage
(C.5.5.5.f) 1 Electronic Within 10 months
after Contract Award
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Line-
Item No. Deliverable Quantity Format/Method of
Delivery Due Date
27
Semi-Final Design (65%)
Report Submission Package
(C.5.5.7) 1
PDF/Electronic plus
12 updated foam
core boards
(24x36”)
Within 13 months
after Contract Award
28
Deliver Semi-Final Design
(65%) Permitting Package to
DOB and other regulatory
Agencies (C.5.5.8)
1 PDF/Electronic Within 13 months
after Contract Award
29 Update Project Webpage
(C.5.6.2.a) 1 Electronic Within 13 months
after Contract Award
30
Final Designs (100%)
Presentation to Project Partners,
feedback, and minutes
(C.5.6.2.b)
1
Virtual with
PDF/Electronic
minutes
Within 14 months
after Contract Award
31
Final Designs (100%)
Presentation to Regulatory
Agencies with minutes
(C.5.6.2.c)
1
Virtual plus
PDF/Electronic
minutes
Within 15 months
after Contract Award
32
Final Designs (100%)
Community meeting
presentations (C.5.6.2.d)
6 Virtual and in
person
Within 17 months
after Contract Award
33
Final Designs (100%)
standalone virtual community
meetings (C.5.6.2.e)
2
Virtual with
PDF/Electronic
minutes
Within 17 months
after Contract Award
34
100% Final Design Submission
Package (C.5.6.3) 1
PDF/Electronic plus
11 foam core boards
size Arch E (36” x
48”)
Within 17 months
after Contract Award
35 Obtain Project Permits
(C.5.6.4) 1 PDF/Electronic and
stamped hardcopies
Within 20 months
after Contract Award
36
Develop and Deliver SOW and
Cost Estimate Package for
construction solicitation
(C.5.6.5.a)
1 Word/Excel
Electronic N/A
37
Develop and Deliver SOW and
Cost Estimate Package for
Kingman Center Design/Build
Solicitation (C.5.6.6.a)
1 Word/Excel
Electronic N/A

F.3.1 The Contractor shall submit to the District, as deliverable, the report described in section
H.5.5 that is required by the 51% District Residents New Hires Requirements and First
Source Employment Agreement. If the Contractor does not submit the report as part of
the deliverables, final payment to the Contractor shall not be paid pursuant to section
G.3.2.
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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.2.1 The Contractor shall create and submit payment requests in an electronic format through
the DC Vendor Portal, https://vendorportal.dc.gov.

G.2.2 The Contractor shall create and submit proper invoices monthly or as otherwise
specified in Section G.4.

G.2.3 To constitute a proper invoice, the Contractor shall enter all required information into
the Portal after selecting the applicable purchase order number which is listed on the
Contractor’s profile.

G.2.4 Federal Reporting Requirements
RESERVED.

G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT

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

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

G.4 PAYMENT
Invoices shall be submitted monthly and reflect the percent of work performed toward
achieving project deliverables (Section F.3)

G.5 ASSIGNMENT OF CONTRACT PAYMENTS

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

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

G.5.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is
required to prepare invoices. Where such an assignment has been made, the original
copy of the invoice 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 1.5%
per month. No interest penalty shall be paid if payment for the completed delivery of
the item of property or service is made on or before the required payment date. The
required payment date shall be:

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

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

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

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

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

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

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

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

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

G.6.2 Payments to Subcontractors
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G.6.2.1 The Contractor must take one of the following actions within seven days of receipt of any
amount paid to the Contractor by the District for work performed by any subcontractor
under the contract:
G.6.2.1.1 Pay the subcontractor(s) for the proportionate share of the total payment received from
the District that is attributable to the subcontractor(s) for work performed under the
contract; or
G.6.2.1.2 Notify the CO and the subcontractor(s), in writing, of the Contractor’s intention to
withhold all or part of the subcontractor’s payment and state the reason for the
nonpayment.
G.6.2.1.3 The Contractor must pay any subcontractor or supplier interest penalties on amounts due
to the subcontractor or supplier beginning on the day after the payment is due and ending
on the date on which the payment is made. Interest shall be calculated at the rate of at
least 1.5% per month. No interest penalty shall be paid on the following if payment for
the completed delivery of the item of property or service is made on or before the:
G.6.2.1.4 3rd day after the required payment date for meat or a meat product.
G.6.2.1.5 5th day after the required payment date for an agricultural commodity; or
G.6.2.1.6 15th day after any other required payment date.
G.6.2.1.7 Any amount of an interest penalty which remains unpaid by the Contractor at the end of
any 30-day period shall be added to the principal amount of the debt to the subcontractor
and thereafter interest penalties shall accrue on the added amount.
G.6.2.1.8 A dispute between the Contractor and subcontractor relating to the amounts or
entitlement of a subcontractor to a payment or a late payment interest penalty under the
Quick Payment Act does not constitute a dispute to which the District is a party. The
District may not be interpleaded in any judicial or administrative proceeding involving
such a dispute.
G.6.3 Subcontract requirements. The Contractor shall include in each subcontract under this
contract a provision requiring the subcontractor to include in its contract with any lower-
tier subcontractor or supplier the payment and interest clauses required under paragraphs
and of D.C. Official Code § 2-221.02(d).

G.7 CONTRACTING OFFICER (CO)
Contracts will be entered into and signed on behalf of the District only by contracting
officers. The contact information for the Contracting Officer is:

Tracy Crump, Contracting Officer
Office of Contracting & Procurement
Department of Energy and Environment
1200 First Street NE, 5th Floor
Washington, DC 20002
Phone: 202.805.1194
Email: tracy.crump@dc.gov
Donnetta Butler, Supervisory Contract Specialist
Office of Contracting & Procurement
Department of Energy and Environment
1200 First Street NE, 5th Floor
Washington, DC 20002
Phone: (202) 442-7623
Email: donnetta.butler@dc.gov
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G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

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

G.8.2 The Contractor shall not comply with any order, directive or request that changes or
modifies the requirements of this contract, unless issued in writing and signed by the
CO.
G.8.3 In the event the Contractor effects any change at the instruction or request of any person
other than the CO, the change will be considered to have been made without authority
and no adjustment will be made in the contract price to cover any cost increase incurred
as a result thereof.

G.9 CONTRACT ADMINSTRATOR (CA)
G.9.1 The CA is responsible for general administration of the contract and advising the CO as
to the Contractor’s compliance or noncompliance with the contract. The CA has the
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.9.2 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.9.3 Coordinating site entry for Contractor personnel, if applicable.
G.9.4 Reviewing invoices for completed work and recommending approval by the CO if the
Contractor’s costs are consistent with the negotiated amounts and progress is
satisfactory and commensurate with the rate of expenditure.

G.9.5 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.9.6 Maintaining a file that includes all contract correspondence, modifications, records of
inspections (site, data, equipment) and invoice or vouchers.

G.9.7 The address and telephone number of the CA is:

Lee Cain, Environmental Protection Specialist
Department of Energy & Environment
Natural Resources Administration
1200 First Street NE, 5th Floor
Washington, DC 20002
Phone: (202) 695-5407
Email: lee.cain@dc.gov
G.9.8 The CA shall NOT have the authority to:

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

G.10 ORDERING CLAUSE

G.10.1 Any supplies and services to be furnished under this contract must be ordered by
issuance of delivery orders or task orders by the CO. Such orders may be issued during
the term of this contract.

G.10.2 All delivery orders or task orders are subject to the terms and conditions of this contract.
In the event of a conflict between a delivery order or task order and this contract, the
contract shall control.

G.10.3 If mailed, a delivery order or task order is considered "issued" when the District deposits
the order in the mail. Orders may be issued by facsimile or by electronic commerce
methods.

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES
H.1.1 For all new employment resulting from this contract or subcontracts hereto, as defined in
Mayor’s Order 83-265 and implementing instructions, the Contractor shall use its best
efforts to comply with the following basic goal and objectives for utilization of bona fide
residents of the District of Columbia in each project’s labor force:
H.1.1.1 At least fifty-one (51) percent of apprentices and trainees employed shall be residents of
the District of Columbia registered in programs approved by the District of Columbia
Apprenticeship Council.
H.1.2 The Contractor shall negotiate an Employment Agreement with the Department of
Employment Services (DOES) for jobs created because 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.

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H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS

The Contractor shall be bound by the Wage Determination No. 2015-4281, Revision 35,
dated December 3, 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.14.
The Contractor shall be bound by the wage rates for the term of the contract subject to
revision as stated herein and in accordance with Section 24 of the SCP. If an option is
exercised, the Contractor shall be bound by the applicable wage rates at the time of the
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 regarding 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:

i. Pay.
ii. Accumulated seniority and retirement.
iii. Benefits; and
iv. 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 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

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f. Take adverse action against an employee who has been absent from work because 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:

i. New employees at the commencement of employment.
ii. Existing employees; and
iii. 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.

H.5 51% DISTRICT RESIDENTS’ NEW HIRES REQUIREMENTS AND FIRST
SOURCE EMPLOYMENT AGREEMENT
H.5.1 For contracts for services in the amount of $300,000 or more, the Contractor shall comply
with the First Source Employment Agreement Act of 1984, as amended, D.C. Official
Code § 2-219.01 et seq. (First Source Act).
H.5.2 The Contractor shall enter into and maintain during the term of the contract, a First
Source Employment Agreement (Employment Agreement) with the District of Columbia
Department of Employment Service’s (DOES), in which the Contractor shall agree that:
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a. The first source for finding employees to fill all jobs created in order to perform the
contract shall be the First Source Register; and
b. (The first source for finding employees to fill any vacancy occurring in all jobs
covered by the Employment Agreement shall be the First Source Register.
H.5.3 The Contractor shall not begin performance of the contract until its Employment
Agreement has been accepted by DOES. Once approved, the Employment Agreement
shall not be amended except with the approval of DOES.
H.5.4 The Contractor agrees that at least 51% of the new employees hired to perform the
contract shall be District residents.
H.5.5 The Contractor’s hiring and reporting requirements under the First Source Act and any
rules promulgated thereunder shall continue for the term of the contract.
H.5.6 The CO may impose penalties, including monetary fines of 5% of the total amount of the
direct and indirect labor costs of the contract, for a willful breach of the Employment
Agreement, failure to submit the required hiring compliance reports, or deliberate
submission of falsified data.
H.5.7 If the Contractor does not receive a good faith waiver, the CO may also impose an
additional penalty equal to 1/8 of 1% of the total amount of the direct and indirect labor
costs of the contract for each percentage by which the Contractor fails to meet its hiring
requirements.
H.5.8 Any contractor which violates, more than once within a 10-year timeframe, the hiring or
reporting requirements of the First Source Act shall be referred for debarment for not
more than five years.
H.5.9 The contractor may appeal any decision of the CO pursuant to this clause to the D.C.
Contract Appeals Board as provided in clause 14 of the SCP, Disputes.
H.5.10 The provisions of the First Source Act do not apply to nonprofit organizations which
employ 50 employees or less.
H.6 RESERVED
H.7 RESERVED
H.8 CONTRACT ADMINISTRATION REQUIREMENTS
To prevent unfair practices that adversely affect DBEs, the District requires the
following:
a. The District must require the DBE Contractor to pay its Subcontractor for
satisfactory performance no more than thirty (30) days from the Contractor’s receipt
of payment from the District.
b. The District must be notified in writing by the Contractor prior to any termination of
a DBE Subcontractor for convenience by the Contractor.
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c. If the DBE Subcontractor fails to complete Work under the subcontract for any
reason, the District must require the Contractor to employ the six good faith efforts
to find and hire a new DBE subcontractor.

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

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

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

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

H.9.2 Subcontracting Plan
If the prime contractor is required by law to subcontract under this contract, it must
subcontract at least 35% of the dollar volume of this contract in accordance with the
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provisions of section H.9.1 of this clause. The plan shall be submitted as part of the
proposal and may only be amended after being awarded with the prior written approval
of the CO and Director of DSLBD. Any reduction in the dollar volume of the
subcontracted portion resulting from an amendment of the plan after award shall inure
to the benefit of the District.

Each subcontracting plan shall include the following:

a. The name and address of each subcontractor;
b. A current certification number of the small or certified business enterprise;
c. The scope of work to be performed by each subcontractor; and
d. 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 If the Contractor has a subcontracting plan required by law for this contract, the
Contractor shall submit a quarterly report to the CO, CA, District of Columbia Auditor,
and the Director of DSLBD. The quarterly report shall include the following
information for each subcontract identified in the subcontracting plan:

1) The price that the prime contractor will pay each subcontractor under the
subcontract;
2) A description of the goods procured, or the services subcontracted for;
3) The amount paid by the prime contractor under the subcontract; and
4) A copy of the fully executed subcontract, if it was not provided with an earlier
quarterly report.

H.9.4.2 If the fully executed subcontract is not provided with the quarterly report, the prime
contractor will not receive credit toward its subcontracting requirements for that
subcontract.

H.9.5 Annual Meetings
Upon at least 30 days written notice provided by DSLBD, the Contractor shall meet
annually with the CO, CA, District of Columbia Auditor, and the Director of DSLBD to
provide an update on its subcontracting plan.

H.9.6 Notices
The Contractor shall provide written notice to the DSLBD and the District of Columbia
Auditor upon commencement of the contract and when the contract is completed.

H.9.7 Enforcement and Penalties for Breach of Subcontracting Plan

H.9.7.1 A contractor shall be deemed to have breached a subcontracting plan required by law, if
the contractor (i) fails to submit subcontracting plan monitoring or compliance reports or
other required subcontracting information in a reasonably timely manner; (ii) submits a
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monitoring or compliance report or other required subcontracting information containing
a materially false statement; or (iii) fails to meet its subcontracting requirements.

H.9.7.2 A contractor that is found to have breached its subcontracting plan for utilization of
CBEs in the performance of a contract shall be subject to the imposition of penalties,
including monetary fines in accordance with D.C. Official Code § 2-218.63.

H.9.7.3 If the CO determines the Contractor’s failure to be a material breach of the contract, the
CO shall have cause to terminate the contract under the default provisions in clause 8 of
the SCP, Default.

H.10 FAIR CRIMINAL RECORD SCREENING

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

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

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

H.10.4 The Contractor may only withdraw a conditional offer of employment, or take adverse
action against an applicant, for a legitimate business reason as described in the Act.
H.10.5 This section and the provisions of the Act shall not apply:

a. Where a federal or District law or regulation requires the consideration of an
applicant’s criminal history for the purposes of employment.
b. To a position designated by the employer as part of a federal or District government
program or obligation that is designed to encourage the employment of those with
criminal histories.
c. To any facility or employer that provides programs, services, or direct care to,
children, youth, or vulnerable adults; or
d. To employers that employ less than 11 employees.

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

H.11 RESERVED

H.12 RESERVED

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SECTION I: CONTRACT CLAUSES

I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS
The Standard Contract Provisions for use with District of Columbia Government
Supplies and Services Contracts dated July 2010 (“SCP”) are incorporated as part of the
contract. To obtain a copy of the SCP go to http://ocp.dc.gov, under Quick Links click
on “Required Solicitation Documents”.

I.2 CONTRACTS THAT CROSS FISCAL YEARS
Continuation of this contract beyond the current fiscal year is contingent upon future
fiscal appropriations.

I.3 CONFIDENTIALITY OF INFORMATION
The Contractor shall keep all information relating to any employee or customer of the
District in absolute confidence and shall not use the information in connection with any
other matters; nor shall it disclose any such information to any other person, firm, or
corporation, in accordance with the District and federal laws governing the
confidentiality of records.

I.4 TIME
Time, if stated in several days, will include Saturdays, Sundays, and holidays, unless
otherwise stated herein.

I.5 RIGHTS IN DATA
Delete Article 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 Article 42, Rights in Data) in its place:

A. Definitions

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

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

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

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

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

1. Existing Products: Title to all Existing Licensed Product(s), whether embedded in,
delivered, or operating in conjunction with hardware or Custom Products, shall
remain with Contractor or third-party proprietary owner, who retains all rights,
title, and interest (including patent, trademark, or copyrights). Effective upon
payment, the District shall be granted an irrevocable, non-exclusive, worldwide,
paid-up license to use, execute, reproduce, display, perform, adapt (unless
Contractor advises the District as part of Contractor’s bid that adaptation will
violate existing agreements or statutes and Contractor demonstrates such to the
District’s satisfaction), and distribute Existing Product to District users up to the
license capacity stated in the contract with all license rights necessary to fully
effect the general business purpose of the project or work plan or contract.
Licenses shall be granted in the name of the District. The District agrees to
reproduce the copyright notice and any other legend of ownership on any copies
authorized under this paragraph.

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

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

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

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

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

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

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

I.6 OTHER CONTRACTORS
The Contractor shall not commit or permit any act that will interfere with the
performance of work by another District Contractor or by any District employee.

I.7 SUBCONTRACTS
The Contractor hereunder shall not subcontract any of the Contractor’s work or services
to any subcontractor without the prior written consent of the CO. Any work or service
so subcontracted shall be performed pursuant to a subcontract agreement, which the
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District will have the right to review and approve prior to its execution by the
Contractor. Any such subcontract shall specify that the Contractor and the subcontractor
shall be subject to every provision of this contract. Notwithstanding any such
subcontract approved by the District, the Contractor shall remain liable to the District for
all Contractor's work and services required hereunder.

I.8 INSURANCE

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

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

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
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writing), covering liability for all ongoing and completed operations of the
Contractor and under all subcontracts, covering claims for bodily injury, including
without limitation sickness, disease or death and mental anguish of any persons,
broad form property damage, including loss of use resulting therefrom, personal
and advertising injury, and including coverage for liability arising out of an
Insured Contract (including the tort liability of another assumed in a contract) and
acts of terrorism (whether caused by a foreign or domestic source). Such coverage
shall have limits of liability of not less than $1,000,000 for each occurrence, a
$2,000,000 general aggregate.

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

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

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

a) Comprehensive - Fire, lightning, or explosion; theft; windstorm, hail, or
earthquake; flood; mischief or vandalism; or the sinking, burning, collision or
derailment of any conveyance transporting the covered "auto".
b) Collision Coverage - Caused by: The covered "auto's" collision with another
object or the covered "auto's" overturn.
The Commercial Auto Liability policy shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage to
The Government of the District of Columbia
b) Coverage available to the additional insureds shall apply on a primary and non-
contributing basis as respects any other insurance, deductibles, or self-
insurance available to the additional insureds.
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c) A waiver of subrogation in favor of The Government of the District of
Columbia
d) Defense costs shall be in addition to and not erode the limits of liability.
e) If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened
Coverage for Covered Autos - Business Auto, Motor Carrier, and Truckers (or
its equivalent).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Government of the District of Columbia

And mailed to the attention of:

Tracy Crump, Contracting Officer
Office of Contracting and Procurement
Department of Energy and Environment
1200 First Street NE, 5th Floor
Washington, DC 20002
Phone: 202.805.1194
Email: Tracy.Crump@dc.gov

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

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

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

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

I.9 EQUAL EMPLOYMENT OPPORTUNITY
In accordance with the District of Columbia Administrative Issuance System, Mayor’s
Order 85-85 dated June 10, 1985, the forms for completion of the Equal Employment
Opportunity Information Report are incorporated herein as Section J.2. An award cannot
be made to any offeror who has not satisfied the equal employment requirements.

I.10 ORDER OF PRECEDENCE
The contract awarded as a result of this RFP will contain the following clause:

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. RFP, as amended.
6. BAFOs (in order of most recent to earliest)
7. Proposal

I.11 DISPUTES
Delete Article 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 Article 14, Disputes, in its place:
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14. Disputes
All disputes arising under or relating to the contract shall be resolved as provided herein.
a. Claims by the Contractor against the District: Claim, as used in paragraph (a) of this
clause, means a written assertion by the Contractor seeking, as a matter of right, the
payment of money in a sum certain, the adjustment or interpretation of contract terms,
or other relief arising under or relating to the contract. A claim arising under a
contract, unlike a claim relating to that contract, is a claim that can be resolved under
a contract clause that provides for the relief sought by the claimant.
1. All claims by a Contractor against the District arising under or relating to a
contract shall be in writing and shall be submitted to the CO for a decision. The
Contractor’s claim shall contain at least the following:
i. A description of the claim and the amount in dispute.
ii. Data or other information in support of the claim.
iii. A brief description of the Contractor’s efforts to resolve the dispute prior to
filing the claim; and
iv. 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 consider factors such as the size
and complexity of the claim and the adequacy of the information in support of the
claim provided by the Contractor.
4. The CO’s written decision shall do the following:
i. Provide a description of the claim or dispute.
ii. Refer to the pertinent contract terms.
iii. State the factual areas of agreement and disagreement.
iv. State the reasons for the decision, including any specific findings of fact,
although specific findings of fact are not required and, if made, shall not be
binding in any subsequent proceeding.
v. If all or any part of the claim is determined to be valid, determine the
amount of monetary settlement, the contract adjustment to be made, or other
relief to be granted.
vi. Indicate that the written document is the CO’s final decision; and
vii. Inform the Contractor of the right to seek further redress by appealing the
decision to the Contract Appeals Board.

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

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

7. Pending final decision of an appeal, action, or final settlement, the Contractor
shall proceed diligently with performance of the contract in accordance with the
decision of the CO.
b. Claims by the District against the Contractor: Claim as used in paragraph (b) of this
clause, means a written demand or written assertion by the District seeking, as a
matter of right, the payment of money in a sum certain, the adjustment of contract
terms, or other relief arising under or relating to the contract. A claim arising under a
contract, unlike a claim relating to that contract, is a claim that can be resolved under
a contract clause that provides for the relief sought by the claimant.
1. The CO shall decide all claims by the District against a Contractor arising under
or relating to a contract.
2. The CO shall send written notice of the claim to the Contractor. The CO’s written
decision shall do the following:
i. Provide a description of the claim or dispute.
ii. Refer to the pertinent contract terms.
iii. State the factual areas of agreement and disagreement.
iv. State the reasons for the decision, including any specific findings of fact,
although specific findings of fact are not required and, if made, shall not
be binding in any subsequent proceeding.
v. If all or any part of the claim is determined to be valid, determine the
amount of monetary settlement, the contract adjustment to be made, or
other relief to be granted.
vi. Indicate that the written document is the CO’s final decision; and
vii. (Inform the Contractor of the right to seek further redress by appealing the
decision to the Contract Appeals Board.
3. The CO shall support the decision by reasons and shall inform the Contractor of
its rights as provided herein.
4. Before or after issuing the decision, the CO may meet with the Contractor to
attempt to resolve the claim by agreement.
5. The authority contained in this paragraph (b) shall not apply to a claim or dispute
for penalties or forfeitures prescribed by statute or regulation which another
District agency is specifically authorized to administer, settle, or determine.
6. This paragraph shall not authorize the CO to settle, compromise, pay, or
otherwise adjust any claim involving fraud.
c. Decisions of the CO shall be final and not subject to review unless the Contractor
timely commences an administrative appeal for review of the decision, by filing a
complaint with the Contract Appeals Board, as authorized by D.C. Official Code § 2-
360.04.
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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

15. Changes:

a. The CO may, at any time, by written order, and without notice to the surety, if
any, make changes to 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 (10) days from the date the change is ordered; provided,
however, that the CO, if he or she determines that the facts justify such action,
may receive, consider, and adjust any such claim asserted at any time prior to
the date of final settlement of the contract. If the parties fail to agree upon the
adjustment to be made, the dispute shall be determined as provided in clause
14 Disputes of the Standard Contract Provisions.

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

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

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

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

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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

19. Non-Discrimination Clause:

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

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

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

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

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

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

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

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

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

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

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

I.14 RESERVED

I.15 LOBBYING
The Contractor shall comply with lobbying restrictions found under Section J.8 in
pursuant to 40 CFR Part 34.
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SECTION J: ATTACHMENTS

The following list of attachments is incorporated into the solicitation by reference.

Attachment
Number Document
J.1
Government of the District of Columbia Standard Contract Provisions for
Use with the Supplies and Services Contracts (July 2010) available at
http://ocp.dc.gov, under Quick Links click on “Required Solicitation
Documents”
J.2
Equal Employment Opportunity Employer Information Report and Mayor’s
Order 85-85 available at available at http://ocp.dc.gov, under Quick Links
click on “Required Solicitation Documents”
J.3
Way to Work Amendment Act of 2006 - Living Wage Fact Sheet available at
http://ocp.dc.gov, under Quick Links click on “Required Solicitation
Documents”
J.4 Tax Certification Affidavit available at http://ocp.dc.gov, under Quick Links
click on “Required Solicitation Documents”
J.5
US Environmental Protection Agency Federal Requirements and Contract
Provisions for Work Under the Federal Water Pollution Control Act Click to
follow link
J.6 Region III Clean Water Act 2023 Updates FY2023 Updates to EPA Region
III Clean Water Act Contract Insert Click to follow link
J.7 Summary of the Federal Insert Summary of Federal Insert 2023 (dc.gov)
Click to follow link
J.8 Certification Regarding Lobbying: Lobbying Disclosure and Certification -
United States Department of State Click to follow link
J.9 Disadvantaged Business Enterprise (DBE): DBE Outreach Spreadsheet
DOEE DBE Outreach Form_example.xlsx (live.com) Click to follow link
J.10 Past Performance Evaluation Form
J.11 Subcontracting Plan (if required by law) available at http://ocp.dc.gov, under
Quick Links click on “Required Solicitation Documents”
J.12
First Source Initial Employment Plan (if contract is $300,000 or more)
available at http://ocp.dc.gov, under Quick Links click on “Required
Solicitation Documents”
J.13
Department of Employment Services First Source Employment Agreement
available at http://ocp.dc.gov, under Quick Links click on “Required
Solicitation Documents”
J.14
U.S. Department of Labor Wage Determination #2015-4281, Revision #
35, dated December 3, 202, https://sam.gov/wage-determination/2015-
4281/35

Page 2
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement

January 30, 2026
Kevin Fisher, Principal
Rhodeside & Harwell, Inc.
510 King Street, Suite 300
Alexandria, VA 22314

Subject: Letter Contract
CW129427 - FY24 Kingman and Heritage Islands Design

Dear Mr. Fisher,

This is a letter contract between the Government of the District of Columbia (“District”)
and Rhodeside & Harwell, Inc. wherein Contractor agrees to perform the above-captioned
services in accordance with those documents incorporated herein.

The District intends to definitize this letter contract within one hundred twenty (120) days of the
date this letter contract is signed by the Contracting Officer. If the District and the
Contractor agree in writing to the terms of a definitive contract within 120 days, this letter
contract shall merge with the definitive contract upon such agreement. If the District does not
definitize this letter contract within 120 days of the date of award of this letter contract or any
extensions thereof, this letter contract shall expire. The award of this letter contract and the
definitive contract shall be contingent on the availability of appropriate funds.
The District will pay the Contractor for the services performed under this letter contract in an
amount not-to-exceed (“NTE”) $990,000. In no event shall the amount paid under this letter
contract, or any extensions thereof, exceed $990,000. If the District and the Contractor
agree in writing to a definitive contract, the District will pay the Contractor for the services
performed during the duration of the definitive contract for an amount not to exceed
$2,467,889.36 for the base period of the proposed definitive contract. The proposed
definitive contract will require the prior approval of the Council of the District of Columbia
(“Council”).
The Contractor shall perform under this letter contract pursuant to the terms and conditions
outlined in the below attachment. The following attachments are incorporated in full text and
made part of this letter contract:

Attachment 1: Deliverables Table for Letter Contract
Attachment 2: Price Table

Page 2
L
etter Contract
FY24 Kingman and Heritage Islands Design
Contract No.: CW129427
Page 2 of 2
Si
gnatures:
Kevin Fisher, Principal Date
Tracy Crump Date
Contracting Officer
02/19/2026
03/09/2026

ATTACHMENT 1: Deliverables Table

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 (CA) identified in section G.9
in accordance with the following:

Line-
Item No. Deliverable Quantity Format/Method of
Delivery Due Date
1
Kick off meeting with DOEE,
CA, Design Contractor, Project
Partners, plus meeting minutes
(C.5.1.a)
1
Virtual meeting with
PDF/Electronic
minutes
Within 3 weeks after
Contract Award
2
Half- day walk through with
DOEE and Project Partners,
plus minutes (C.5.1.b)
1
In Person meeting
with PDF/Electronic
minutes
Within 3 weeks after
Contract Award
3
Kick off meeting with
regulatory agencies, plus
minutes (C.5.1.c)
1
Virtual meeting with
PDF/Electronic
minutes
Within 3 weeks after
Contract Award
4
Deliver a Detailed Project
Schedule for the first 24 months
of the project. (C.5.1.d)
1 PDF/Electronic Within 4 weeks after
Contract Award
5
Deliver “Current Project
Characteristics Report”
(C.5.3.3.3)
1 PDF/Electronic Within 4 months after
Contract Award
6
Project Partner Presentation of
Current Characteristics, plus
feedback with minutes
(C.5.3.3.4.a)
1
Virtual meeting with
PDF/Electronic
minutes
Within 4 months after
Contract Award
7
Community Stakeholder
Presentations, plus feedback,
with minutes (C.5.3.3.4.b) 6
Virtual and In
Person with
PDF/Electronic
minutes
Within 4 months after
Contract Award
8
Virtual Community
Presentations with minutes
(C.5.3.3.4.c)
2
Virtual with
PDF/Electronic
minutes
Within 4 months after
Contract Award
9 Design Charettes &
Community Walks (C.5.3.3.4.d) 2
In Person with
PDF/Electronic
minutes
Within 4 months after
Contract Award
10 Launch Project Webpage
(C.5.3.3.4.e) 1 Virtual Within 6 weeks after
Contract Award
11
Develop Concept Designs
(30%) (C.5.4.3) 1
PDF/Electronic plus
15 (24X36") foam
core boards
Within 5 months after
Contract Award
12
Develop 15% Designs for
Kingman Center (C.5.4.3.2) 1
PDF/Electronic plus
6 (24x36”) foam
core boards
Within 5 months after
Contract Award
13
Concept Design Presentations
to Project Partners with minutes
(C.5.4.3.3.a)
1
Virtual with
PDF/Electronic
minutes
Within 6 months after
Contract Award

Line-
Item No. Deliverable Quantity Format/Method of
Delivery Due Date
14
Concept Design Presentation to
Regulatory Agencies with
minutes (C.5.4.3.3.b)
1
Virtual with
PDF/Electronic
minutes
Within 7 months after
Contract Award
15
Concept Design Community
Presentations and minutes
(C.5.4.3.3.c) 6
Virtual and in
person with
PDF/Electronic
minutes
Within 8 months after
Contract Award
16
Concept Design Virtual
Community Presentations
(C.5.4.3.3.d)
2
Virtual with
PDF/Electronic
minutes
Within 8 months after
Contract Award
17
Concept Design Charettes and
Community Walks (C.5.4.3.3.e) 2
In Person with
PDF/Electronic
minutes
Within 8 months after
Contract Award
18 Update Project Webpage
(C.5.4.3.3.f) 1 Electronic Within 6 months after
Contract Award
19
Concept Design (30%) and
Kingman Center (15%) Report
Submission Package (C.5.4.3.4)
1 PDF/Electronic Within 9 months after
Contract Award
20
Develop (65%) Semi-Final
Designs (C.5.5.4) 1
PDF/electronic plus
12 foam core prints
(24”x36”)
Within 10 months
after Contract Award
21
Semi-Final Design (65%)
Presentations to Project
Partners with minutes
(C.5.5.5.a)
1
Virtual with
PDF/Electronic
minutes
Within 10 months
after Contract Award
22
Semi-Final Design (65%)
Presentation to Regulatory
Agencies with minutes
(C.5.5.5.b)
1
Virtual with
PDF/Electronic
minutes
Within 11 months
after Contract Award
23
Semi-Final Design (65%)
Community Presentations and
minutes (C.5.5.5.c) 6
Virtual and in
person with
PDF/Electronic
minutes
Within 12 months
after Contract Award
24
Semi-Final Design (65%)
Virtual Community
Presentations (C.5.5.5.d)
2
Virtual with
PDF/Electronic
minutes
Within 12 months
after Contract Award
25
Semi-Final Design (65%)
Charettes and Community
Walks (C.5.5.5.e)
2
In Person with
PDF/Electronic
minutes
Within 12 months
after Contract Award
26 Update Project Webpage
(C.5.5.5.f) 1 Electronic Within 10 months
after Contract Award
27
Semi-Final Design (65%)
Report Submission Package
(C.5.5.7) 1
PDF/Electronic plus
12 updated foam
core boards
(24x36”)
Within 13 months
after Contract Award

Line-
Item No. Deliverable Quantity Format/Method of
Delivery Due Date
28
Deliver Semi-Final Design
(65%) Permitting Package to
DOB and other regulatory
Agencies (C.5.5.8)
1 PDF/Electronic Within 13 months
after Contract Award
29 Update Project Webpage
(C.5.6.2.a) 1 Electronic Within 13 months
after Contract Award
30
Final Designs (100%)
Presentation to Project Partners,
feedback, and minutes
(C.5.6.2.b)
1
Virtual with
PDF/Electronic
minutes
Within 14 months
after Contract Award
31
Final Designs (100%)
Presentation to Regulatory
Agencies with minutes
(C.5.6.2.c)
1
Virtual plus
PDF/Electronic
minutes
Within 15 months
after Contract Award
32
Final Designs (100%)
Community meeting
presentations (C.5.6.2.d)
6 Virtual and in
person
Within 17 months
after Contract Award
33
Final Designs (100%)
standalone virtual community
meetings (C.5.6.2.e)
2
Virtual with
PDF/Electronic
minutes
Within 17 months
after Contract Award
34
100% Final Design Submission
Package (C.5.6.3) 1
PDF/Electronic plus
11 foam core boards
size Arch E (36” x
48”)
Within 17 months
after Contract Award
35 Obtain Project Permits
(C.5.6.4) 1 PDF/Electronic and
stamped hardcopies
Within 20 months
after Contract Award
36
Develop and Deliver SOW and
Cost Estimate Package for
construction solicitation
(C.5.6.5.a)
1 Word/Excel
Electronic N/A
37
Develop and Deliver SOW and
Cost Estimate Package for
Kingman Center Design/Build
Solicitation (C.5.6.6.a)
1 Word/Excel
Electronic N/A

Attachment B: Price Table

Section B.3.1: Base Year (24 Months from Date of Award)

Contract
Line-Item
Number
(CLIN)
Item Description
Quantity
Not to
Exceed
Price Per
Unit
Total Cost
Not to
Exceed
0001
Determination of Current Project Area Characteristics, including
topo of LOD, Geotech of anticipated structural facilities, and
assessment of utility infrastructure alternatives (C.5.3.3.1)
1 $145,884.92 $145,884.92
0002 NHPA Section 106 (C.5.3.3.2) for Revitalized Benning Entrance
(C.1.2.5.1) 1 $15,735.00 $15,735.00
0003 NHPA Section 106 (C.5.3.3.2) for Interconnected Trail System
(C.1.2.5.2) 1 $6,975.00 $6,975.00
0004 NHPA Section 106 (C.5.3.3.2) for Boating Classroom (C.1.2.5.3) 1 $6,975.00 $6,975.00
0005 NHPA Section 106 (C.5.3.3.2) for Meadow Pavilion (C.1.2.5.4) 1 $6,975.00 $6,975.00
0006 NHPA Section 106 (C.5.3.3.2) for FLOAT Classroom (C.1.2.5.5) 1 $6,975.00 $6,975.00
0007 NHPA Section 106 (C.5.3.3.2) for Understory Classroom
(C.1.2.5.6) 1 $6,975.00 $6,975.00
0008 NHPA Section 106 (C.5.3.3.2) for Eagles Overlook (C.1.2.5.7) 1 $6,975.00 $6,975.00
0009 NHPA Section 106 (C.5.3.3.2) for Marsh Landing (C.1.2.5.8) 1 $8,702.18 $8,702.18
0010 NHPA Section 106 (C.5.3.3.2) for additional trailside features
(C.1.2.5.9) 1 $6,975.00 $6,975.00
0011 NHPA Section 106 (C.5.3.3.2) for Kingman Center (1.2.7) 1 $15,735.00 $15,735.00
0012 Current Project Characteristics Report (C.5.3.3.3) 1 $48,172.33 $48,172.33
0013 Pre-Design Community Presentations (C.5.3.3.4) 1 $106,276.76 $106,276.76
0014 Pre-Design Feedback and report that includes Project Partners
and Community input (C.5.3.3.5) 1 $32,055.41 $32,055.41
0015 Conceptual Design (30%) of trails and classroom facilities (9
elements) (C.5.4.3.1) 1 $346,072.96 $346,072.96
0016 Design of Kingman Center (15%)
(C.5.4.3.2) 1 $109,263.03 $109,263.03
0017 Concept Design Community Presentations
(C.5.4.3.3) 1 $101,090.37 $101,090.37
0018 Concept Design (30%), Kingman Center Design (15%)
Feedback and Report (C.5.4.3.4) 1 $49,598.79 $49,598.79
0019 Concept Design (30%), Kingman Center Design (15%)
Feedback Report Submission Package (C.5.4.3.5) 1 $86,442.13 $86,442.13
0020 Semi-Final Designs (65%) (C.5.5.4) 1 $388,902.33 $388,902.33
0021 Semi-Final Designs (65%) Community Presentations (C.5.5.5) 1 $89,987.15 $89,987.15
0022 Semi-Final Design (65%) Feedback (C.5.5.6) 1 $26,279.63 $26,279.63
0023 Semi-Final Design (65%) Report Submission Package (C.5.5.7) 1 $50,198.20 $50,198.20
0024 Semi-Final (65%) Design Permitting coordination and
preparation (C.5.5.8) 1 $19,298.94 $19,298.94
0025 Final (100%) Design Construction Specifications and Cost
Estimates (C.5.6.1) 1 $233,283.46 $233,283.46
0026 Final Design (100%) Community Outreach (C.5.6.2) 1 $47,663.43 $47,663.43
0027 100% Design Submission Package (C.5.6.3) 1 $72,126.92 $72,126.92
0028 Obtain Project Permits (C.5.6.4) 1 $265,909.41 $265,909.41
0029 SOW consultation sessions for Construction of 100% designed
facilities, permitted trails and classrooms (C.5.6.5 a) 3 $7,315.80 $21,947.41
0030 Solicitation consultation session for Construction of 100%
designed facilities, permitted trails, and classrooms (C.5.6.5 b) 3 $13,129.53 $39,388.59
0031 Bid consultation sessions for Construction 100% designed and
permitted trails, facilities, and classrooms (C.5.6.5 c) 3 $6,305.60 $18,916.80

Contract
Line-Item
Number
(CLIN)
Item Description
Quantity
Not to
Exceed
Price Per
Unit
Total Cost
Not to
Exceed
0032
SOW consultation sessions for Design-Build taking the
Kingman Center 15% Designs to 100% Designs, Permitting and
Full Construction. (C.5.6.6 a)
1 $27,815.41 $27,815.41
0033
Solicitation consultation sessions for Design-Build taking the
Kingman Center 15% Designs to 100% Designs, Permitting and
Full Construction. (C.5.6.6 b)
1 $27,273.90 $27,273.90
0034
Bid consultation sessions for Design-Build taking the Kingman
Center 15% Designs to 100% Designs, Permitting and Full
Construction. (C.5.6.6 c)
1 $25,043.90 $25,043.90

Grand Total for B.3.1 Base Period

$2,467,889.36

SCP. I
July 2010

GOVERNMENT OF THE DISTRICT OF COLUMBIA

STANDARD CONTRACT PROVISIONS

FOR USE WITH
ON-LINE SOLICITATIONS AND PURCHASE ORDERS ONLY

DISTRICT OF COLUMBIA GOVERNMENT
SUPPLIES AND SERVICES CONTRACTS

July 2010

July 2010
SCP. 2

STANDARD CONTRACT PROVISIONS
(FOR USE WITH ON-LINE SOLICITATIONS ONLY)

1. Covenant Against Contingent Fees:

The Contractor warrants that no person or selling agency has been employed or retained to solicit or
secure the contract upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the Contractor for the purpose of securing business. For breach or violation
of this warranty, the District will have the right to terminate the contract without liability or in its
discretion to deduct from the contract price or consideration or otherwise recover the full amount of
the commission, percentage, brokerage, or contingent fee.

2. Shipping: Instructions - Consignment:

Unless otherwise specified in the Invitation for Bids/Request for Proposals, each case, crate, barrel,
package, etc., delivered under this contract must be plainly stencil marked or securely tagged,
stating the Contractor's name, contract number and delivery address as noted in the contract. In case
of carload lots, the Contractor shall tag the car, stating Contractor's name and contract number. Any
failure to comply with these instructions will place the material at the Contractor's risk. Deliveries
by rail, water, truck or otherwise, must be within the working hours and in ample time to allow for
unloading and if necessary, the storing of the materials or supplies before closing time. Deliveries at
any other time will not be accepted unless specific arrangements have been previously made with
the contact person identified in the contract at the delivery point.
3. Patents:
The Contractor shall hold and save the District, its officers, agents, servants, and employees harmless
from liability of any nature or kind, including costs, expenses, for or on account of any patented or
unpatented invention, article, process, or appliance, manufactured or used in the performance of this
contract, including their use by the District, unless otherwise specifically stipulated in the contract.
4. Quality:
Contractor's workmanship shall be of the highest grade, and all materials provided under this
contract shall be new, of the best quality and grade, and suitable in every respect for the purpose
intended.
5. Inspection Of Supplies:
(a) "Supplies" as used in this clause, includes, but is not limited to raw materials,
components, inte rmediate assemblies, end products, and lots of supplies.
(b) The Contractor shall be responsible for the materials or supplies covered by this
contract until they are delivered at the designated point, but the Contractor shall bear
all risk on rejected materials or supplies after notification of rejection. Upon the
Contractor's failure to cure within ten (10) days after date of notification, the District
may return the rejected materials or supplies to the Contractor at the Contractor's risk
and expense.
July 2010
SCP. 3

(c) The Contractor shall provide and maintain an inspection system acceptable to the District
covering supplies under this contract and shall tender to the District for acceptance only
supplies that have been inspected in accordance with the inspection system and have been
found by the Contractor to be in conformity with contract requirements. As part of the
system, the Contractor shall prepare records evidencing all inspections made under the
system and the outcome. These records shall be kept complete and made available to the
District during contract performance and for as long afterwards as the contract requires.
The District may perform reviews and evaluations as reasonably necessary to ascertain
compliance with this paragraph. These reviews and evaluations shall be conducted in a
manner that will not unduly delay the contract work. The right of review, whether exercised
or not, does not relieve the Contractor of the obligations under this contract.
(d) The District has the right to inspect and test all supplies called for by the contract, to the
extent practicable, at all places and times, including the period of manufacture, and in
any event before acceptance. The District will perform inspections and tests in a manner
that will not unduly delay the work. The District assumes no contractual obligation to
perform any inspection and test for the benefit of the Contractor unless specifically set
forth elsewhere in the contract.
(e) If the District performs inspection or test on the premises of the Contractor or
subcontractor, the Contractor shall furnish, and shall require subcontractors to
furnish, without additional charge, all reasonable facilities and assistance for the
safe and convenient performance of these duties. Except as otherwise provided in
the contract, the District will bear the expense of District inspections or tests made
at other than Contractor's or subcontractor's premises; provided, that in case of
rejection, the District will not be liable for any reduction in the value of inspection
or test samples.
(1) When supplies are not ready at the time specified by the Contractor for
inspection or test, the Contracting Officer may charge to the Contractor the
additional cost of inspection or test.
(2) Contracting Officer may also charge the Contractor for any additional cost of
inspection or test when prior rejection makes re -inspection or retest
(f) The District has the right either to reject or to require correction of nonconforming
supplies. Supplies are nonconforming when they are defective in material or
workmanship or otherwise not in conformity with contract requirements. The
District may reject nonconforming supplies with or without disposition instructions.
(g) The Contractor shall remove supplies rejected or required to be corrected. However,
the Contracting Officer may require or permit correction in place, promptly after
notice, by and at the expense of the Contractor. The Contractor shall not tender for
acceptance corrected or rejected supplies without disclosing the former rejection or
requirement for correction, and when required, shall disclose the corrective action
taken.
(h) If the Contractor fails to remove, replace, or correct rejected supplies that are
required to be replaced or corrected within ten (10) days, the District may either (1)
by contract or otherwise, remove, replace or correct the supplies and charge the cost
to the Contractor or (2) terminate the contract for default. Unless the Contractor
July 2010
SCP. 4

corrects or replaces the supplies within the delivery schedule, the Contracting
Officer may require their delivery and make an equitable price reduction. Failure to
agree to a price reduction shall be a dispute.
(i) If this contract provides for the performance of District quality assurance at source,
and if requested by the District, the Contractor shall furnish advance notification of
the time (i) when Contractor inspection or tests will be performed in accordance
with the terms and conditions of the contract, and (ii) when the supplies will be
ready for District inspection .
G) The District request shall specify the period and method of the advance notification and the
District representative to whom it shall be furnished. Requests shall not require more than 2
business days of advance notification if the District representative is in residence in the
Contractor's plant, nor more than 7 business days in other instances .
(k) The District will accept or reject supplies as promptly as practicable after delivery,
unless otherwise provided in the contract. District failure to inspect and accept or
reject the supplies shall not relieve the Contractor from responsibility, nor impose
liability upon the District , for non-conforming supplies.
(1) Inspections and tests by the District do not relieve the Contractor of responsibility for
defects or other failures to meet contract requirements discovered before acceptance.
Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting
to fraud, or as otherwise provided in the contract.
(m) If acceptance is not conclusive for any of the reasons in subparagraph 5(1) hereof, the
District, in addition to any other rights and remedies provided by law, or under provisions
of this contract, shall have the right to require the Contractor (1) at no increase in contract
price, to correct or replace the defective or nonconforming supplies at the original point of
delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance
with a reasonable delivery schedule as may be agreed upon between the Contractor and the
Contracting Officer; provided, that the Contracting Officer may require a reduction in
contract price if the Contractor fails to meet such delivery schedule, or (2) within a
reasonable time after receipt by the Contractor of notice of defects or noncompliance, to
repay such portion of the contract as is equitable under the circumstances if the Contracting
Officer elects not to require correction or replacement. When supplies are returned to the
Contractor, the Contractor shall bear the transportation cost from the original point of
delivery to the Contractor's plant and return to the original point when that point is not the
Contractor's plant. If the Contractor fails to perform or act as required in (m)(l) or (m)(2)
above and does not cure such failure within a period of 10 days (or such longer period as
the Contracting Officer may authorize in writing) after receipt of notice from the
Contracting Officer specifying such failure, the District will have the right to return the
rejected materials at Contractor's risk and expense or contract or otherwise to replace or
correct such supplies and charge to the Contractor the cost occasioned the District thereby.
6. Inspection Of Services:
(a) "Services" as used in this clause includes services performed, workmanship, and
material furnished or utilized in the performance of services .
(b) The Contractor shall provide and maintain an inspection system acceptable to the
District covering the services under this contract. Complete records of all inspection
July 2010
SCP. 5

work performed by the Contractor shall be maintained and made available to the
District during contract performance and for as long afterwards as the contract
requires.
(c) The District has the right to inspect and test all services called for by the contract, to
the extent practicable at all times and places during the term of the contract. The
District will perform inspections and tests in a manner that will not unduly delay the
work.
(d) If the District performs inspections or tests on the premises of the Contractor or
subcontractor, the Contractor shall furnish, without additional charge, all reasonable
facilities and assistance for the safety and convenient performance of these duties.
(e) If any of the services do not conform to the contract requirements, the District may
require the Contractor to perform these services again in conformity with contract
requirements, at no increase in contract amoW1t. When the defects in services cannot
be corrected by performance, the District may require the Contractor to take
necessary action to ensure that future performance conforms to contract
requirements and reduce the contract price to reflect value of services performed.
(t) If the Contractor fails to promptly perform the services again or take the necessary
action to ensure future performance in conformity to contract requirements, the
District may ( l) by contract or otherwise, perform the services and charge the
Contractor any cost incurred by the District that is directly related to the performance
of such services, or (2) terminate the contract for default.
7. Waiver:
The waiver of any breach of the contract will not constitute a waiver of any subsequent breach
thereof, or a waiver of the contract.
8. Default:
(a) The District may, subject to the provisions of paragraph 8(c) below, by written
notice of default to the Contractor, terminate the whole or any part of this contract
in any one of the following circumstances:
(1) If the Contractor fails to make delivery of the supplies or to perform the
services within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this contract,
or so fails to make progress as to endanger performance of this contract in
accordance with its terms, and in either of these two circumstances does not
cure such failure within a period of ten ( l 0) days (or such longer period as the
Contracting Officer may authorize in writing) after receipt of notice from the
Contracting Officer specifying such failure.
(b) In the event the District terminates this contract in whole or in part as provided in
paragraph (a) of this clause, the District may procure, upon such terms and in such
manner as the Contracting Officer may deem appropriate, supplies or service similar
to those so terminated, and the Contractor shall be liable to the District for any
excess costs for similar supplies or services; provided, that the Contractor shall
July 2010
SCP. 6

continue the performance of this contract to the extent not terminated under the
provisions of this clause.
(c) Except with respect to defaults of subcontractors, the Contractor shall not be liable
for any excess costs if the failure to perform the contract arises out of causes beyond
the control and without the fault or negligence of the Contractor. Such causes may
include, but are not restricted to, acts of God or of the public enemy, acts of the
District or federal government in either their sovereign or contractual capacity, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually
severe weather; but in every case the failure to perform must be beyond the control
and without fault or negligence of the Contractor. If the failure to perform is caused
by the default of the subcontractor, and if such default arises out of causes beyond
the control of both the Contractor and the subcontractor, and without the fault or
negligence of either of them, the Contractor shall not be liable for any excess cost
for failure to perform , unless the supplies or services to be furnished by the
subcontractor were obtainable from other sources in sufficient time to permit the
Contractor to meet the required delivery schedule .
(d) If this contract is terminated as provided in paragraph 8(a) of this clause, the
District, in addition to any other rights provided in this clause, may require the
Contractor to transfer title and deliver to the District, in the manner and to the extent
directed by the CO, (i) completed supplies, and (ii) such partially completed
supplies and materials, parts, tools, dies, jigs, fixtures plans, drawing information ,
and contract rights (hereinafter called "manufacturing materials") as the Contractor
has specifically produced or specifically acquired for the performance of such part
of this contract as has been terminated; and the Contractor shall, upon direction of
the CO, protect and preserve property in possession of the Contractor in which the
District has an interest. Payment for completed supplies delivered to and accepted
by the District will be at the contract price. Payment for manufacturing materials
delivered to and accepted by the District will be at the contract price. Payment for
manufacturing materials delivered to and accepted by the District and for the
protection and preservation of property shall be in an amount agreed upon by the
Contractor and CO; failure to agree to such amount shall be a dispute concerning a
question of fact within the meaning of the clause of this contract entitled
"Disputes". The District may withhold from amo unts otherwise due the Contractor
for such completed supplies or manufacturing materials such sum as the CO
determines to be necessary to protect the District against loss because of outstanding
liens or claims of former lien holders .
(e) If, after notice of termination of this contract under the provisions of this clause, it is
determined for any reason that the Contractor was not in default under the
provisions of this clause, or that the default was excusable under the provisions of
this clause, the rights and obligations of the parties shall , if the contract contains a
clause providing for termination of convenience of the District, be the same as if the
notice of termination had been issued pursuant to such clause . See clause 16
Termination for Convenience of the District.
(f) The rights and remedies of the District provided in this clause shall not be exclusive
and are in addition to any other rights and remedies provided by law or under this
contract.
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(g) As used in paragraph 8(c) of this clause, the terms "subcontractor(s) means
subcontractor(s) at any tier .
9. Indemnification:
The Contractor agrees to defend, indemnify and hold harmless the District, its officers, agencies,
departments, agents, and employees (collectively the "District") from and against any and all
claims, losses, liabilities, penalties, fines, forfeitures , demands, causes of action, suits, costs and
expenses incidental thereto (including cost of defense and attorneys' fees), resulting from, arising
out of, or in any way connected to activities or work performed by the Contractor, Contractor's
officers, employees, agents , servants, subcontractors , or any other person acting for or by
permission of the Contractor in performance of this Contract. The Contractor assumes all risks
for direct and indirect damage or injury to the property or persons used or employed in
performance of this Contract. The Contractor shall also repair or replace any District property
that is damaged by the Contractor, Contractor's officers, employees, agents, servants,
subcontractors, or any other person acting for or by permission of the Contractor while
performing work hereu nder.

The indemnification obligation under this section shall not be limited by the existence of any
insurance policy or by any limitation on the amount or type of damages, compensation or benefits
payable by or for Contractor or any subcontractor and shall survive the termination of this Contract.
The District agrees to give Contractor written notice of any claim of indemnity under this section.
Additionally, Contractor shall have the right and sole authority to control the defense or settlement
of such claim, provided that no contribution or action by the District is required in connection with
the settlement. Monies due or to become due the Contractor under the contract may be retained by
the District as necessary to satisfy any outstanding claim which the District may have against the
Contractor.
10. Transfer:
No contract or any interest therein shall be transferred by the parties to whom the award is made
unless approved in writing by the contracting officer. Any transfer made without the contracting
officer's written approval will be null and void and will be cause to annul the contract.
11. Taxes:
(a) The Government of the District of Columbia is exempt from and will not pay
Federal Excise Tax, Transportation Tax, and the District of Columbia Sales and Use
Taxes.
(b) Tax exemption certificates are no longer issued by the District for Federal Excise
Tax. The following statements may be used by the supplier when claiming tax
deductions for Federal Excise Tax exempt items sold to the District:
"The District of Columbia Government is Exempt from Federal Excise Tax -
Registration No. 52-73-0206-K, Internal Revenue Service, Baltimore, Maryland."
"The District of Columbia Government is Exempt from Maryland Sales Tax,
Registered with the Comptroller of the Treasury as Follows :
a) Deliveries to Glenn Dale Hospital - Exemption No. 4647
b) Deliveries to Children's Center - Exemption No. 4648
c) Deliveries to other District Departments or Agencies - Exemption No. 09339"
July 2010
SCP. 8

"The District of Columbia Government is Exempt from Sales and Use Tax -
Registration No. 53-600, The District of Columbia Office of Tax and Revenue."
12. Appointment of Attorney:
(a) The bidder/offeror or contractor (whichever the case may be) does hereby irrevocably
designate and appoint the Clerk of the District of Columbia Superior Court and his
successor in office as the true and lawful attorney of the Contractor for the purpose of
receiving service of all notices and processes issued by any court in the District of
Columbia, as well as service of all pleadings and other papers, in relation to any action or
legal proceeding arising out of or pertaining to this contract or the work required or
performed hereunder.
(b) The bidder/offeror or contractor (whichever the case may be) expressly agrees that the
validity of any service upon the said Clerk as herein authorized shall not be affected
either by the fact that the contractor was personally within the District of Columbia and
otherwise subject to personal service at the time of such service upon the said Clerk or
by the fact that the contractor failed to receive a copy of such process, notice or other
paper so served upon the said Clerk provided the said Clerk shall have deposited in the
United States mail, registered and postage prepaid, a copy of such process, notice,
pleading or other paper addressed to the bidder/offeror or contractor at the address stated
in this contract.
13. District Employees Not To Benefit:
Unless a determination is made as provided herein, no officer or employee of the District will be
admitted to any share or part of this contract or to any benefit that may arise therefrom, and any
contract made by the CO or any District employee authorized to execute contracts in which they
or an employee of the District will be personally interested shall be void, and no payment shall
be made thereon by the District or any officer thereof, but this provision shall not be construed to
extend to this contract if made with a corporation for its general benefit. A District employee
shall not be a party to a contract with the District and will not knowingly cause or allow a
business concern or other organization owned or substantially owned or controlled by the
employee to be a party to such a contract, unless a written determination has been made by the
head of the procuring agency that there is a compelling reason for contracting with the employee,
such as when the District's needs cannot reasonably otherwise be met. (Procurement Practices
Act of 1985, D.C. Law 6-85, D.C. Official Code§ 2-310.01 et seq., and Chapter 18 of the DC
Personnel Regulations)
The Contractor represents and covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, which would conflict in any manner or degree with the
performance of its services hereunder. The Contractor further covenants not to employ any
person having such known interests in the performance of the contract.
14. Disputes:
A. All disputes arising under or relating to this contract shall be resolved as provided
herein.
B. Claims by a Contractor against the District.
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Claim, as used in Section B of this clause, means a written assertion by the Contractor
seeking, as a matter of right, the payment of money in a sum certain, the adjustment or
interpretation of contract terms, or other relief arising under or relating to this contract.
A claim arising under a contract, unlike a claim relating to that contract, is a claim that
can be resolved under a contract clause that provides for the relief sought by the
claimant.
(a) All claims by a Contractor against the District arising under or relating to a contract
shall be in writing and shall be submitted to the CO for a decision. The contractor's
claim shall contain at least the following:
(1) A description of the claim and the amount in dispute;
(2) Any data or other information in support of the claim;
(3) A brief description of the Contractor's efforts to resolve the dispute prior to
filing the claim; and
(4) The Contractor's request for relief or other action by the Contracting Officer.
(b) The CO may meet with the Contractor in a further attempt to resolve the claim by
agreement.
(c) For any claim of $50,000 or less, the CO shall issue a decision within sixty (60)
days from receipt of a written request from a Contractor that a decision be rendered
within that period .
(d) For any claim over $50,000, the CO shall issue a decision within ninety (90) days of
receipt of the claim. Whenever possible, the CO shall take into account factors such
as the size and complexity of the claim and the adequacy of the information in
support of the claim provided by the Contractor.
(e) The CO's written decision shall do the following:
(l) Provide a description of the claim or dispute;
(2) Refer to the pertinent contract terms;
(3) State the factual areas of agreement and disagreement;
(4) State the reasons for the decision , including any specific findings of fact,
although specific findings of fact are not required and, if made, shall not be
binding in any subsequent proceeding;
(5) If all or any part of the claim is determined to be valid, determine the amount
of monetary settlement, the contract adjustment to be made, or other relief to
be granted;
(6) Indicate that the written document is the CO's final decision; and
(7) Inform the Contractor of the right to seek further redress by appealing the
decision to the Contract Appeals Board .
(f) Any failure by the CO to issue a decision on a contract claim within the required
time period will be deemed to be a denial of the claim, and will authorize the
July 2010
SCP. IO

commencement of an appeal to the Contract Appeals Board as authorized by D.C.
Official Code§ 2-309.04.
(g) (1) If a Contractor is unable to support any part of his or her claim and it is
determined that the inability is attributable to a material misrepresentation of
fact or fraud on the part of the Contractor, the Contractor shall be liable to the
District for an amount equal to the unsupported part of the claim in addition
to all costs to the District attributable to the cost of reviewing that part of the
Contractor's claim.
(2) Liability under paragraph (g){l) shall be determined within six (6) years of
the commission of the misrepresentation of fact or fraud.
(h) The decision of the CO shall be final and not subject to review unless an
administrative appeal or action for judicial review is timely commenced by the
Contractor as authorized by D.C. Official Code§ 2 -309.04.
(i) Pending final decision of an appeal, action, or final settlement, a Contractor shall
proceed diligently with performance of the contract in accordance with the
decision of the CO.
C. Claims by the District against a Contractor
(a) Claim as used in section C of this clause, means a written demand or written
assertion by the District seeking, as a matter of right, the payment of money in a
sum certain, the adjustment of contract terms, or other relief arising under or
relating to this contract. A claim arising under a contract, unlike a claim relating
to that contract, is a claim that can be resolved under a contract clause that
provides for the relief sought by the claimant.
(b) (1) All claims by the District against a Contractor arising under or relating to a
contract shall be decided by the CO.
(2) The CO shall send written notice of the claim to the Contractor. The CO's
written decision shall do the following:
(a) Provide a description of the claim or dispute;
(b) Refer to the pertinent contract terms;
(c) State the factual areas of agreement and disagreement;
(d) State the reasons for the decision, including any specific findings of fact,
although specific findings of fact are not required and, if made, shall not
be binding in any subsequent proceeding;
(e) If al1 or any part of the claim is determined to be valid, determine the
amount of monetary settlement, the contract adjustment to be made, or
other relief to be granted;
(f) Indicate that the written document is the CO's final decision; and
(g) Inform the Contractor of the right to seek further redress by appealing the
decision to the Contract Appeals Board.
July 2010
SCP. 11

(3) The decision shall be supported by reasons and shall inform the Contractor of
its rights as provided herein.
(4) The authority contained in this clause shall not apply to a claim or dispute for
penalties or forfeitures prescribed by statute or regulation which another District
agency is specifically authorized to administer, settle, or determine.
(5) This clause shall not authorize the CO to settle, compromise, pay, or
• otherwise adjust any claim involving fraud.
(c) The decision of the CO shall be final and not subject to review unless an
administrative appeal or action for judicial review is timely commenced by the
Contractor as authorized by D.C. Official Code §2 -309.04.
(d) Pending final decision of an appeal, action, or final settlement, the Contractor
shall proceed diligently with performance of the contract in accordance with the
decision of the CO.
15. Changes:
The CO may, at any time, by written order, and without notice to the surety, if any, make
changes in the contract within the general scope hereof. If such change causes an increase or
decrease in the cost of performance of this contract, or in the time required for performance, an
equitable adjustment shall be made. Any claim for adjustment under this paragraph must be
asserted within ten (10) days from the date the change is offered; provided, however, that the
CO, if he or she determines that the facts justify such action, may receive, consider and adjust
any such claim asserted at any time prior to the date of final settlement of the contract. If the
parties fail to agree upon the adjustment to be made, the dispute shall be determined as provided
in clause 14 Disputes. Nothing in this clause 15 shall excuse the Contractor from proceeding
with the contract as changed.
16. Termination for Convenience of the District:
(a) The District may terminate performance of work under this contract in whole or,
from time to time, in part if the CO determines that a termination is in the District's
interest. The CO shall terminate by delivering to the Contractor a Notice of
Termination specifying the extent of termination and effective date.
(b) After receipt of a Notice of Termination, and except as directed by the CO, the
Contractor shall immediately proceed with the following obligations, regardless of
any delay in determining or adjusting any amounts due under this clause:
(1) Stop work as specified in the notice.
(2) Place no further subcontracts or orders (referred to as subcontracts in this
clause) for materials, services, or facilities, except as necessary to complete
the continued portion of the contract.
(3) Terminate all contracts to the extent they relate to the work terminated.
(4) Assign to the District, as directed by the CO, all rights, title and interest of
the Contractor under the subcontracts terminated, in which case the District
July 2010
SCP. 12

will have the right to settle or pay any termination settlement proposal arising
out of those terminations.
(5) With approval or ratification to the extent required by the CO, settle all
outstanding liabilities and termination settlement proposals arising from the
termination of subcontracts. The approval or ratification will be final for
purposes of this clause.
(6) As directed by the CO, transfer title and deliver to the District (i) the
fabricated or unfabricated parts, work in process, completed work, supplies,
and other materials produced or acquired for the work terminated, and (ii) the
completed or partially completed plans, drawings, information, and other
property that, if the contract has been completed, would be required to be
furnished to the District.
(7) Complete performance of the work not terminated.
(8) Take any action that may be necessary, or that the CO may direct, for the
protection and preservation of the property related to this contract that is in
the possession of the Contractor and in which the District has or may acquire
an interest.
(9) Use its best efforts to sell, as directed or authorized by the CO, any property
of the types referred to in subparagraph (6) above; provided, however, that
the Contractor (i) is not required to extend credit to any purchaser and (ii)
may acquire the property under the conditions prescribed by, and at prices
approved by, the C O. The proceeds of any transfer or disposition will be
applied to reduce any payments to be made by the District under this
contract, credited to the price or cost of the work, or paid in any other manner
directed by the CO.
(c) After the expiration of ninety days (or such longer period as may be agreed to) after
receipt by the CO of acceptable inventory schedules, the Contractor may submit to
the CO a list. certified as to quantity and quality of termination inventory not
previously disposed of excluding items authorized for disposition by the CO. The
Contractor may request the District to remove those items or enter into an
agreement for their storage. Within fifteen days, the District will accept title to
those items and remove them or enter into a storage agreement. The CO may verify
the list upon removal of the items, or if stored, within forty-five days from
submission of the list, and shall correct the list, as necessary, before final settlement.
(d) After termination, the Contractor shall submit a final termination settlement
proposal to the CO in the form and with the certification prescribed by the CO. The
Contractor shall submit the proposal promptly, but no later than one year from the
effective date of termination, unless extended in writing by the CO upon written
request of the Contractor within this one -year period. However, if the CO
determines that the facts justify it, a termination settlement proposal may be
received and acted on after one year or any extension. If the Contractor fails to
submit the proposal within the time allowed, the CO may determine, on the basis of
information available, the amount, if any, due to the Contractor because of the
termination and shall pay the amount determined.
July 2010
SCP. 13

(e) Subject to paragraph 16(d) above, the Contractor and the CO may agree upon the
whole or any part of the amount to be paid because of the termination. The amount
may include a reasonable allowance for profit on work done. However, the agreed
amount, whether under this paragraph (e) or paragraph 16 (f) below, exclusive of
costs shown in subparagraph 16(f)(3), may not exceed the total contract price as
reduced by (1) the amount of payment previously made and (2) the contract price of
work not terminated. The contract shall be amended, and the Contractor paid the
agreed amount. Paragraph 16(f) shall not limit, restrict, or affect the amount that
may be agreed upon to be paid under this paragraph 16(e).
(f) If the Contractor and the CO fail to agree on the whole amount to be paid because
of the termination work, the CO shall pay the Contractor the amounts determined by
the CO as follows, but without duplication of any amounts agreed on under
paragraph 16(e) above:
(1) The contract price for completed supplies or services accepted by the District
(or sold or acquired under paragraph l6(b)(9) above) not previously paid for,
adjusted for any saving of freight and other charges.
(2) The total of:
(i) The costs incurred in the performance of the work terminated,
including initial costs and preparatory expense allocable thereto, but
excluding any costs attributable to supplies or services paid or to be
paid under paragraph I6(f)(l) above;
(ii) The cost of settling and paying termination settlement proposals under
terminated subcontracts that are properly chargeable to the terminated
portion of the contract if not included in paragraph l 6(f)(l) above;
and
(iii) A sum, as profit on paragraph I 6(f)( l) above, determined by the CO
to be fair and reasonable; however, if it appears that the Contractor
would have sustained a loss on the entire contract had it been
completed, the CO shall allow no profit under this subparagraph (iii)
and shall reduce the settlement to reflect the indicated rate of loss.
(3) The reasonable cost of settlement of the work terminated, including-
(i) Accounting, legal, clerical, and other expenses reasonably necessary
for the preparation of termination settlement proposals and supporting
data;
(ii) The termination and settlement of subcontractors (excluding the
amounts of such settlements); and
(iii) Storage, transportation, and other costs incurred, reasonably necessary
for the preservation, protection, or disposition of the termination
inventory.
(g) Except for normal spoilage, and except to the extent that the District expressly
assumed the risk of loss, the CO shall exclude from the amounts payable to the
Contractor under paragraph 16(f) above, the fair value as determined by the CO, of
July 2010
SCP. 14

property that is destroyed, lost, stolen, or damaged so as to become undeliverable to
the District or to a buyer.
(h) The Contractor shall have the right of appeal, under clause 14 Disputes, from any
determination made by the CO under paragraphs 16(d), (f) or (j), except that if the
Contractor failed to submit the termination settlement proposal within the time
provided in paragraph 16(d) or (j), and failed to request a time extension, there is no
right of appeal. If the CO has made a determination of the amount due under
paragraph 16(d), (f) or (j), the District will pay the Contractor (1) the amount
determined by the CO if there is no right of appeal or if no timely appeal has been
taken, or (2) the amount finally determined on an appeal.
(i) In arriving at the amount due the Contractor under this clause, there shall be
deducted:
(1) All unliquidated advances or other payments to the Contractor under the
termination portion of the contract;
(2) Any claim which the District has against the Contractor under this contract;
and
(3) The agreed price for, or the proceeds of sale of, materials, supplies, or other
things acquired by the Contractor or sold under the provisions of this clause
and not recovered by or credited to the District.
(j) If the termination is partial, the Contractor may file a proposal with the CO for an
equitable adjustment of the price(s) of the continued portion of the contract. The CO
shall make any equitable adjustment agreed upon. Any proposal by the Contractor
for an equitable adjustment under this clause shall be requested within ninety (90)
days from the effective date of termination unless extended in writing by the CO.
(k) (1) The District may, under the terms and conditions it prescribes, make partial
payments and payments against costs incurred by the Contractor for the terminated
portion of the contract, if the CO believes the total of these payments will not
exceed the amount to which the Contractor shall be entitled.
(2) If the total payments exceed the amount finally determined to be due, the Contractor
shall repay the excess to the District upon demand together with interest computed at the
rate of 10 percent (10%) per year. Interest shall be computed for the period from the date
the excess payment is received by the Contractor to the date the excess payment is
repaid. Interest shall not be charged on any excess payment due to a reduction in the
Contractor's termination settlement proposal because of retention or other disposition of
termination inventory until 10 days after the date of the retention or disposition, or a
later date determined by the CO because of the circumstances.
(1) Unless otherwise provided in this contract or by statute, the Contractor shall maintain
all records and documents relating to the terminated portion of this contract for three
(3) years after final settlement. This includes all books and other evidence bearing on
the Contractor's costs and expenses under this contract. The Contractor shall make
these records and documents available to the District, at the Contractor's office, at all
reasonable times, without any direct charge. If approved by the CO, photographs,
July 2010
SCP. 15

micrographs, or other authentic reproductions may be maintained instead of original
records and documents.
17. Recovery Of Debts Owed The District:
The Contractor hereby agrees that the District may use all or any portion of any consideration
or refund due the Contractor under the present contract to satisfy, in whole or part, any debt due
the District.
18. Retention and Examination Of Records:
The Contractor shall establish and maintain books, records, and documents (including
electronic storage media) in accordance with generally accepted accounting principles and
practices which sufficiently and properly reflect all revenues and expenditures of funds
provided by the District under the contract.
The Contractor shall retain all records, financial records, supporting documents, statistical
records, and any other documents (including electronic storage media) pertinent to the contract
for a period of three (3) years after termination or expiration of the contract, or if an audit has
been initiated and audit findings have not been resolved at the end of three (3) years, the
records shall be retained until resolution of the audit findings or any litigation which may be
based on the terms of the contract.
The Contractor shall assure that these records shall be subject at all reasonable times to
inspection, review, or audit by federal, District, or other personnel duly authorized by the CO.
The CO, the Inspector General and the District of Columbia Auditor, or any of their duly
authorized representatives shall, until three years after final payment, have the right to examine
any directly pertinent books, documents, papers and records of the Contractor involving
transactions related to the contract.
19. Non-Discrimination Clause:
(a) The Contractor shall not discriminate in any manner against any employee or applicant
for employment that would constitute a violation of the District of Columbia Human
Rights Act, approved December 13, 1977, as amended (D. C. Law 2-38; D. C. Official
Code §2-1402.11) (200 l Ed.) ("Act" as used in this Section). The Contractor shall
include a similar clause in all subcontracts, except subcontracts for standard
commercial supplies or raw materials. In addition, Contractor agrees and any
subcontractor shall agree to post in conspicuous places, available to employees and
applicants for employment, notice setting forth the provisions of this non -
discrimination clause as provided in Section 251 of the Act.
(b) Pursuant to rules of the Office of Human Rights, published on August 15, 1986, in the
D. C. Register, Mayor's Order 2002-175 (10/23/02), 49 DCR 9883 and Mayor's Order
2006-151 (11/17/06), 52 DCR 9351, the following clauses apply to this contract:
(l) The Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived: race, color, religion, national origin,
sex, age, marital status, personal appearance, sexual orientation, gender identity or
expression, familial status, family responsibilities, disability, matriculation,
political affiliation, genetic information, source of income, or place of residence or
business. Sexual harassment is a form of sex discrimination which is prohibited
July 2010
SCP. 16

by the Act. In addition, harassment based on any of the above protected
categories is prohibited by the Act.
(2) The Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their actual or perceived: race, color, religion, national origin, sex, age, marital
status, personal appearance, sexual orientation, gender identity or expression,
familial status, family responsibilities, disability, matriculation, political
affiliation, genetic information, source of income, or place of residence or
business.
The affirmative action shall include, but not be limited to the following:
(a) employment, upgrading or transfer;
(b) recruitment, or recruitment advertising;
(c) demotion, layoff, or termination;
(d) rates of pay, or other forms of compensation; and
(e) selection for training and apprenticeship.

(3) The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Contracting Agency,
setting forth the provisions in paragraphs l9(b)(l) 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 l9(b)(2).
(5) The Contractor agrees to send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the contracting agency, advising the
said labor union or workers' representative of that contractor's commitments
under this nondiscrimination clause and the Act, and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
(6) The Contractor agrees to permit access to his books, records and accounts
pertaining to its employment practices, by the Chief Procurement Officer or
designee, or the Director of Human Rights or designee, for purposes of
investigation to ascertain compliance with this chapter, and to require under
terms of any subcontractor agreement each subcontractor to permit access of
such subcontractors' books, records, and accounts for such purposes.
(7) The Contractor agrees to comply with the provisions of this chapter and with all
guidelines for equal employment opportunity applicable in the District of
Columbia adopted by the Director of the Office of Human Rights, or any
authorized official.
(8) The Contractor shall include in every subcontract the equal opportunity clauses,
paragraphs l 9(b)(l) through (b)(9) of this section, so that such provisions shall
be binding upon each subcontractor or vendor.
July 2010
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(9) The Contractor shall take such action with respect to any subcontract as the
Contracting Officer may direct as a means of enforcing these provisions,
including sanctions for noncompliance; provided, however, that in the event the
Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the contracting agency,
the Contractor may request the District to enter into such litigation to protect the
interest of the District.
20. Definitions:
The terms Mayor, Chief Procurement Officer, Contract Appeals Board and District will mean
the Mayor of the District of Columbia, the Chief Procurement Officer of the District of
Columbia or his/her alternate, the Contract Appeals Board of the District of Columbia, and the
Government of the District of Columbia, respectively. If the Contractor is an individual, the
term Contractor shall mean the Contractor, his heirs, his executor and his administrator. If the
Contractor is a corporation, the term Contractor shall mean the Contractor and its successor.
21. Health and Safety Standards:
Items delivered under this contract shall conform to all requirements of the Occupational Safety
and Health Act of 1970, as amended ("OSHA"), and Department of Labor Regulations under
OSHA, and all federal requirements in effect at time of bid opening/proposal submission.
22. Appropriation of Funds:
The District's liability under this contract is contingent upon the future availability of
appropriated monies with which to make payment for the contract purposes. The legal liability
on the part of the District for the payment of any money shall not arise unless and until such
appropriation shall have been provided.
23. Buy American Act:
(a) The Buy American Act (41 U.S.C. §10a) provides that the District give preference
to domestic end products.
"Components," as used in this clause, means those articles, materials, and supplies
incorporated directly into the end products.
"Domestic end product," as used in this clause, means, (1) an unmanufactured end
product mined or produced in the United States, or (2) an end product manufactured
in the United States, if the cost of its components mined, produced, or manufactured
in the United States, exceeds 50 percent of the cost of all its components.
Components of foreign origin of the same class or kind as the products referred to in
paragraphs 23(b)(2) or (3) of this clause shall be treated as domestic. Scrap
generated, collected, and prepared for processing in the United States is considered
domestic.
"End products," as used in this clause, means those articles, materials, and supplies
to be acquired for public use under this contract.
(b) The Contractor shall deliver only domestic end products, except those-
(}) For use outside the United States;
July 2010
SCP. 18

(2) That the District determines are not mined, produced, or manufactured in the
United States in sufficient and reasonably available commercial quantities of
a satisfactory quality ;
(3) For which the District determines that domestic preference would be
inconsistent with the public interest; or
(4) For which the District determines the cost to be unreasonable.
24. Service Contract Act of 1965:
(a) Definitions. "Act," as used in this clause, means the Service Contract Act of 1965,
as amended (41 U.S.C. §351, et seq.).
(1) "Contractor," as used in this clause, means the prime contractor or any
subcontractor at any tier .
(2) "Service employee, " as used in this clause, means any person (other than a
person employed in a bona fide executive, administrative, or professional
capacity as defined in 29 CFR 541) engaged in performing a District contract
not exempted under 41 U.S.C. §356, the principal purpose of which is to
furnish services in the United States, as defined in section 22.1001 of the
Federal Acquisition Regulations. It includes all such persons regardless of the
actual or alleged contractual relationship between them and a contractor.
(b) Applicability. To the extent that the Act applies, this contract is subject to the
following provisions and to all other applicable provisions of the Act and regulations
of the Secretary of Labor (29 CFR part 4). All interpretations of the Act in Subpart C
of 29 CFR 4 are incorporated in this contract by reference. This clause does not
apply to contracts or subcontracts administratively exempted by the Secretary of
Labor or exempted by 41 U.S.C. §356, as interpreted in Subpart C of 29 CFR 4.
(c) Compensation.
(1) Each service employee employed in the performance of this contract by the
Contractor or any subcontractor shall be paid not less than the minimum
monetary wages and shall be furnished fringe benefits in accordance with the
wages and fringe benefits determined by the Secretary of Labor or the
Secretary's authorized representative, as specified in any wage determination
attached to this contract.
(2) If a wage determination is attached to this contract, the Contractor shall
classify any class of service employees not listed in it, but to be employed
under this contract (i.e., the work to be performed is not performed by any
classification listed in the wage determination) so as to provide a reasonable
relationship (i.e., appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage determination . Such
conformed class of employees shall be paid the monetary wages and
furnished the fringe benefits as are determined pursuant to the procedures in
this paragraph. This conforming procedure shall be initiated by the
Contractor prior to the performance of contract work by the unlisted class of
employee.
July 2010
SCP. 19

(a) The Contractor shall submit Standard Form (SF) 1444, Request for
Authorization of Additional Classification and Rate, to the Contracting
Officer no later than 30 days after the unlisted class of employee
performs any contract work. The Contracting Officer shall review the
proposed classification and rate and promptly submit the completed SF
1444 (which must include information regarding the agreement or
disagreement of the employees' authorized representatives or the
employees themselves together with the agency recommendation), and
all pertinent information to the Wage and Hour Division, Employment
Standards Administration (ESA), Department of Labor. The Wage and
Hour Division will approve, modify, or disapprove the action or render a
final determination in the event of disagreement within 30 days of
receipt or will notify the Contracting Officer within 30 days of receipt
that additional time is necessary;
(b) The final determination of the conformance action by the Wage and
Hour Division shall be transmitted to the Contracting Officer who shall
promptly notify the Contractor of the action taken. Each affected
employee shall be furnished by the Contracting Officer with a written
copy of such determination, or it shall be posted as a part of the wage
determination;
(c) The process of establishing wage and fringe benefit rates that bear a
reasonable relationship to those listed in a wage determination cannot be
reduced to any single formula. The approach used may vary from wage
determination to wage determination depending on the circumstances.
Standard wage and salary administration practices which rank various
job classifications by pay grade pursuant to point schemes or other job
factors may, for example, be relied upon. Guidance may also be obtained
from the way different jobs are rated under Federal pay systems (Federal
Wage Board Pay System and the General Schedule) or from other wage
determinations issued in the same locality. Basic to the establishment of
any conformable wage rate(s) is the concept that a pay relationship
should be maintained between job classifications based on the skill
required and the duties performed;
(d) In the case of a contract modification, an exercise of an option, or
extension of an existing contract, or in any other case where a Contractor
succeeds to a contract under which the classification in question was
previously conformed pursuant to this clause, a new conformed wage
rate and fringe benefits may be assigned to the conformed classification
by indexing (i.e., adjusting) the previous conformed rate and fringe
benefits by an amount equal to the average (mean) percentage increase
(or decrease, where appropriate) between the wages and fringe benefits
specified for all classifications to be used on the contract which are listed
in the current wage determination, and those specified for the
corresponding classifications in the previously applicable wage
determination. Where conforming actions are accomplished in
accordance with this paragraph prior to the performance of contract work
by the unlisted class of employees, the Contractor shall advise the
July 2010
SCP. 20

Contracting Officer of the action taken but the other procedures in this
clause need not be followed;
(e) No employee engaged in performing work on this contract shall in any
event be paid less than the currently applicable minimum wage specified
under section 6(a)(l) of the Fair Labor Standards Act of 1938, as
amended;
(f) The wage rate and fringe benefits finally determined under this clause
shall be paid to all employees performing in the classification from the
first day on which contract work is performed by them in the
classification. Failure to pay the unlisted employees the compensation
agreed upon by the interested parties or finally determined by the Wage
and Hour Division retroactive to the date such class of employees
commenced contract work shall be a violation of the Act and this
contract;
(g) Upon discovery of failure to comply with this clause, the Wage and Hour
Division shall make a final determination of conformed classification,
wage rate, and/or fringe benefits which shall be retroactive to the date
such class or classes of employees commenced contract work.
(3) If the term of this contract is more than 1 year, the minimum wages and fringe
benefits required for service employees under this contract shall be subject to
adjustment after 1 year and not less often than once every 2 years, under wage
determinations issued by ESA.
(4) The Contractor can discharge the obligation to furnish fringe benefits specified
in the attachment or determined under paragraph 23(c)(2) of this clause by
furnishing any equivalent combinations of bona fide fringe benefits, or by
making equivalent or differential cash payments, in accordance with Subpart B
and C of29 CFR 4.
(d) Minimum wage: In the absence of a minimum wage attachment for this contract, the
Contractor shall not pay any service or other employees performing this contract less
than the minimum wage specified by section 6(a)(l) of the Fair Labor Standards Act of
1938, as amended (29 U.S.C. §206). Nothing in this clause shall relieve the Contractor
of any other legal or contractual obligation to pay a higher wage to any employee.
(e) Successor contracts: If this contract succeeds a contract subject to the Act under which
substantially the same services were furnished and service employees were paid wages
and fringe benefits provided for in a collective bargaining agreement, then, in the
absence of a minimum wage attachment to this contract, the Contractor may not pay
any service employee performing this contract less than the wages and benefits,
including those accrued and any prospective increases, provided for under that
agreement. No Contractor may be relieved of this obligation unless the limitations of
29 CFR 4.1c(b) apply or unless the Secretary of Labor or the Secretary's au thorized
representative:
(1) Determines that the agreement under the predecessor was not the result of arms-
length negotiations; or
July 2010
SCP. 21

(2) Finds, after a hearing under 29 CFR 4.10, that the wages and benefits provided for
by that agreement vary substantially from those prevailing for similar services in
the locality or determines , as provided in 29 CFR 4. l l, that the collective
bargaining agreement applicable to service employees employed under the
predecessor contract was not entered into as a result of arm's length negotiations.
Where it is found in accordance with the review procedures provided in 29 CFR
4.10 and 4. l l and parts 6 and 8 that some or all of the wages and fringe benefits
contained in a predecessor Contractor's collective bargaining agreement are
substantially at variance with those which prevail for services of a character similar
in the locality, and that the collective bargaining agreement applicable to service
employees employed under the predecessor contract was not entered into as a result
of arm's length negotiations, the Department will issue a new or revised wage
determination setting forth the applicable wage rates and fringe benefits. Such
determination shall be made part of the contract or subcontract, in accordance with
the decision of the Administrator, the Administrative Law Judge, or the Board of
Service Contract Appeals, as the case may be, irrespective of whether such
issuance occurs prior to or after the award of a contract or subcontract (53 Comp.
Gen. 401 (1973)). In the case of a wage determination issued solely as a result of a
finding of substantial variance, such determination shall be effective as of the date
of the final administrative decision.
(f) Notification to employees: The Contractor shall notify each service employee
commencing work on this contract of a minimum wage and any fringe benefits
required to be paid or shall post a notice of these wages and benefits in a prominent
and accessible place at the worksite, using such poster as may be provided by the
Department of Labor.
(g) Safe and sanitary working conditions: The Contractor shall not permit services called
for by this contract to be performed in buildings or surroundings or under working
conditions provided by or under the control or supervision of the Contractor that are
unsanitary, hazardous, or dangerous to the health or safety of service employees. The
Contractor shall comply with the health standards applied under 29 CFR Part 1925.
(h) Records: The Contractor shall maintain for 3 years from the completion of work,
and make available for inspection and transcription by authorized ESA
representatives, a record of the following:
(l) For each employee subject to the Act:
(a) Name and address;
(b) Work classification or classifications, rate or rates of wages and fringe
benefits provided, rate or rates of payments in lieu of fringe benefits,
and total daily and weekly compensation;
(c) Daily and weekly hours worked; and
(d) Any deductions, rebates, or refunds from total daily or weekly compensation.

(2) For those classes of service employees not included in any wage
determination attached to this contract, wage rates or fringe benefits
determined by the interested parties or by ESA under the terms of paragraph
23(c)(3) of this clause. A copy of the report required by paragraph (l) of this
clause will fulfill this requirement.
July 2010
SCP. 22

(3) Any list of the predecessor Contractor's employees which had been furnished
to the Contractor as prescribed by this clause. The Contractor shall also
make available a copy of this contract for inspection or transcription by
authorized representatives of the Wage and Hour Division. Failure to make
and maintain or to make available these records for inspection and
transcription shall be a violation of the regulations and this contract, and in
the case of failure to produce these records, the Contracting Officer, upon
direction of the Department of Labor and notification to the Contractor, shall
take action to cause suspension of any further payment or advance of funds
until the violation ceases . The Contractor shall permit authorized
representatives of the Wage and Hour Division to conduct interviews with
employees at the worksite during normal working hours.
(i) Pay periods: The Contractor shall unconditionally pay to each employee subject to
the Act all wages due free and clear and without subsequent deduction (except as
otherwise provided by law or regulations, 29 CFR part 4), rebate, or kickback on any
account. These payments shall be made no later than one pay period following the
end of the regular pay period in which the wages were earned or accrued. A pay
period under this Act may not be of any duration longer than semi -monthly.
(j) Withholding of payments and termination of contract: The Contracting Officer shall
withhold from the prime Contractor under this or any other District contract with the
prime contractor any sums the Contracting Officer, or an appropriate officer of the
Labor Department, decides may be necessary to pay underpaid employees. In the
event of failure to pay any employees subject to the Act all or part of the wages or
fringe benefits due under the Act, the Contracting Officer may, after authorization or
by direction of the Department of Labor and written notification to the Contractor,
take action to cause suspension of any further payment or advance of funds until
such violations have ceased . Additionally, any failure to comply with the
requirements of this clause may be grounds for termination for default. In such
event, the District may enter into other contracts or arrangements for completion of
the work, charging the Contractor in default with any additional cost.
(k) Subcontracts: The Contractor agrees to insert this clause in all subcontracts.
(l) Contractor's report:
(I) If there is a wage determination attachment to this contract and any classes of
service employees not listed on it are to be employed under the contract, the
Contractor shall report promptly to the Contracting Officer the wages to be paid
and the fringe benefits to be provided each of these classes, when determined
under paragraph 23(c) of this clause.
(2) If wages to be paid or fringe benefits to be furnished any service employees
under the contract are covered in a collective bargaining agreement effective at
any time when the contract is being performed, the Contractor shall provide to
the Contracting Officer a copy of the agreement and full information on the
application and accrual of wages and benefits (including any prospective
increases) to service employees working on the contract. The Contractor shall
report when contract performance begins, in the case of agreements then in
July 2010
SCP. 23

effect, and shall report subsequently effective agreements, provisions, or
amendments promptly after they are negotiated .
(m) Contractor's Certification: By entering into this contract, the Contractor (and
officials thereof) certifies that neither it (nor he or she) nor any person or firm who
has a substantial interest in the Contractor's firm is a person or firm ineligible to be
awarded District contracts by virtue of the sanctions imposed under section 5 of the
Act. No part of this contract shall be subcontracted to any person or firm ineligible
for award of a District contract under section 5 of the Act. The penalty for making
false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. §100 l.
(n) Variations, tolerances. and exemptions involving employment: Notwithstanding any
of the provisions in paragraphs 23(c) through (1) of this clause, the following
employees may be employed in accordance with the following variations, tolerances,
and exemptions authorized by the Secretary of Labor.
(l)(i) In accordance with regulations issued under Section 14 of the Fair Labor
Standards Act of 1938 by the Administrator of the Wage and Hour Division,
ESA (29 CFR 520, 521, 524, and 525), apprentices, student learners, and
workers whose earning capacity is impaired by age or by physical or mental
deficiency or injury, may be employed at wages lower than the minimum
wages otherwise required by section 2(a)( l) or 2(b)( l) of the Service
Contract Act, without diminishing any fringe benefits or payments in lieu of
these benefits required under section 2(a)(2) of the Act.
(ii) The Administrator will issue certificates under the Act for employing
apprentices, student-learners, handicapped persons, or handicapped clients of
sheltered workshops not subject to the Fair Labor Standards Act of 1938, or
subject to different minimum rates of pay under the two acts, authorizing
appropriate rates of minimum wages, but without changing requirements
concerning fringe benefits or supplementary cash payments in lieu of these
benefits.
(iii) The Administrator may also withdraw, annul, or cancel such certificates
under 29 CFR 525 and 528.
(2) An employee engaged in an occupation in which the employee customarily and
regularly receives more than $30 a month in tips shall be credited by the
employer against the minimum wage required by section 2(a)(l) or section
2(b)(1) of the Act, in accordance with regulations in 29 CFR 531. However, the
amount of credit shall not exceed 40 percent of the minimum rate specified in
section 6(a)(l) of the Fair Labor Standards Act of 1938 as amended.
25. Cost and Pricing Data:
(a) This paragraph and paragraphs 25(b) through (e) below shall apply to contractors or
offerors in regards to: (1) any procurement in excess of$100,000, (2) any contract
awarded through competitive sealed proposals, (3) any contract awarded through
sole source procurement, or (4) any change order or contract modification. By
entering into this contract or submitting this offer, the Contractor or offeror certifies
that, to the best of the Contractor's or offeror's knowledge and belief, any cost and
July 2010
SCP. 24

pricing data submitted was accurate, complete and current as of the date specified in
the contract or offer.
(b) Unless otherwise provided in the solicitation, the offeror or Contractor shall, before
entering into any contract awarded through competitive sealed proposals or through
sole source procurement or before negotiating any price adjustments pursuant to a
change order or modification, submit cost or pricing data and certification that, to
the best of the Contractor's knowledge and belief, the cost or pricing data submitted
was accurate, complete, and current as of the date of award of this contract or as of
the date of negotiation of the change order or modification.
(c) If any price, including profit or fee, negotiated in connection with this contract, or
any cost reimbursable under this contract, was increased by any significant amount
because (1) the Contractor or a subcontractor furnished cost or pricing data that
were not complete, accurate, and current as certified by the Contractor, (2) a
subcontractor or prospective subcontractor furnished the Contractor cost or pricing
data that were not complete, accurate, and current as certified by the Contractor, or
(3) any of these parties furnished data of any description that were not accurate,
the price or cost shall be reduce d accordingly, and the contract shall be modified
to reflect the reduction.
(d) Any reduction in the contract price under paragraph 25(c) above due to defective
data from a prospective subcontractor that was not subsequently awarded, the
subcontract shall be 1limited to the amount, plus applicable overhead and profit
markup, by which (1) the actual subcontract or (2) the actual cost to the Contractor,
if there was no subcontract, was less than the prospective subcontract cost estimate
submitted by the Contractor; provided that the actual subcontract price was not itself
affected by defective cost or pricing data.
(e) Cost or pricing data includes all facts as of the time of price agreement that prudent
buyers and sellers would reasonably expect to affect price negotiations significantly.
Cost or pricing data are factual, not judgmental, and are therefore verifiable. While
they do not indicate the accuracy of the prospective Contractor's judgment about
estimated future costs or projections, cost or pricing data do include the data
forming the basis for that judgment. Cost or pricing data are more than historical
accounting data; they are all the facts that can be reasonably expected to contribute
to the soundness of estimates of future costs and to the validity of determinations of
costs already incurred.
(f) The following specific information should be included as cost or pricing data, as
applicable:
(1) Vendor quotations;
(2) Nonrecurring costs;
(3) Information on changes in production methods or purchasing volume;
(4) Data supporting projections of business prospects and objectives and related
operations costs;
(5) Unit - cost trends such as those associated with labor efficiency;
(6) Make or buy decisions;
(7) Estimated resources to attain business goals;
(8) Information on management decisions that could have a significant bearing
on costs.
July 2010
SCP. 25

(g) If the offeror or contractor is required by law to submit cost or pricing data in connection
with pricing this contract or any change order or modification of this contract, the
Contracting Officer or representatives of the Contracting Officer shall have the right to
examine all books, records, documents and other data of the Contractor (including
computations and projections) related to negotiating, pricing, or performing the contract,
change order or modification, in order to evaluate the accuracy, completeness, and
currency of the cost or pricing data. The right of examination shall extend to all
documents necessary to permit adequate evaluation of the cost or pricing data submitted,
along with the computations and projections used. Contractor shall make available at its
office at all reasonable times the materials described above for examination, audit, or
reproduction until three years after the later of:
(1) final payment under the contract;
(2) final termination settlement; or
(3) the final disposition of any appeals under the disputes clause or of litigation
or the settlement of claims arising under or relating to the contract.
26. Multiyear Contracts:
(a) A multi-year contract shall not be binding or give rise to any claim or demand against the
District until approved by the Council of the District of Columbia and signed by the CO.
(b) If funds are not appropriated or otherwise made available for the continued performance in a
subsequent year of a multiyear contract, the contract for the subsequent year shall be
terminated, either automatically or in accordance with the termination clause of the contract.
Unless otherwise provided for in the contract, the effect of termination is to discharge both
the District and the Contractor from future performance of the contract, but not from the
existing obligations. The Contractor shall be reimbursed for the reasonable value of any
non-recurring costs incurred but not amortized in the price of the supplies or services
delivered under the contract.
27. Termination of Contracts for Certain Crimes and Violations:
(a) The District may terminate without liability any contract and may deduct from the
contract price or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid if:
(1) The Contractor has been convicted of a crime arising out of or in connection
with the procurement of any work to be done or any payment to be made
under the contract; or
(2) There has been any breach or violation of:
(A) Any provision of the Procurement Practices Act of 1985, as amended, or
(B) The contract provision against contingent fees.

(b) If a contract is terminated pursuant to this section, the Contractor:
(1) May be paid only the actual costs of the work performed to the date of
termination, plus termination costs, if any; and
(2) Shall refund all profits or fixed fees realized under the Contract.
July 2010
SCP. 26

(c) The rights and remedies contained in this are in addition to any other right or
remedy provided by law, and the exercise of any of them is not a waiver of any
other right or remedy provided by law.
28. Invoice Payment:
(a) 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.
(b) The District will pay the Contractor on or before the 30th day after receiving a proper invoice
from the Contractor.
(c) To constitute a proper invoice, the Contractor shall submit the following information on the
mv01ce:
(1) Contractor's name, federal tax ID and invoice date (date invoices as of the date of
mailing or transmittal);
(2) Contract number and invoice number;
(3) Description, price, quantity and the date(s) that the supplies or services were
delivered or performed;
(4) Other supporting documentation or information, as required by the Contracting
Officer;
(5) Name, title, telephone number and complete mailing address of the responsible
official to whom payment is to be sent;
(6) Name, title, phone number of person preparing the invoice;
(7) Name, title, phone number and mailing address of person (if different from the
person identified in 28(c)(6) above) to be notified in the event of a defective
invoice; and
(8) Authorized signature.
(d) For contracts subject to the 51% District Residents New Hires Requirements and First
Source Employment Agreement requirements, final request for payment must be
accompanied by the report or a waiver of compliance required in paragraph 35(e) of clause
35 51°/o District Residents New Hires Requirements and First Source Employment
Agreement.
(e) No final payment shall be made to the Contractor until the agency CFO has received the
Contracting Officer's final determination or approval of waiver of the Contractor's
compliance with 51% District Residents New Hires Requirements and First Source
Employment Agreement requirements.

29. Assignment of Contract Payments:

(a) 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.
July20l0
SCP. 27

(b) Any assignment shall cover all unpaid amounts payable under this contract and shall not be
made to more than one party.
(c) 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)."

30. The Quick Payment Act:
(a) Interest Penalties to Contractors
(l) The District will pay interest penalties on amounts due to the Contractor under the Quick
Payment Act, D.C. Official Code §2-221.0 I et seq., for the period beginning on the day after
the required payment date and ending on the date on which payment of the amount is made.
Interest shall be calculated at the rate of I% per month. No interest penalty shall be paid if
payment for the completed delivery of the item of property or service is made on or before:
(a) the 3rd day after the required payment date for meat or a meat product;
(b) the 5th day after the required payment date for an agricultural commodity; or
(c) the 15th day after the required payment date for any other item.

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

(b) Payments to Subcontractors
(1) The Contractor must take one of the following actions within seven (7) days of receipt of
any amount paid to the Contractor by the District for work performed by any subcontractor
under this contract:
(a) Pay the subcontractor for the proportionate share of the total payment received from
the District that is attributable to the subcontractor for work performed under the
contract; or
(b) Notify the District and the subcontractor, in writing, of the Contractor's intention to
withhold all or part of the subcontractor's payment and state the reason for the
nonpayment.

(2) The Contractor must pay any subcontractor or supplier interest penalties on amounts due to
the subcontractor or supplier beginning on the day after the payment is due and ending on
the date on which the payment is made. Interest sha11 be calculated at the rate of 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:
(a) the 3rd day after the required payment date for meat or a meat product;
(b) the 5th day after the required payment date for an agricultural commodity; or
(c) the 15th day after the required payment date for any other item.
July 2010
SCP. 28

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

(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 of Columbia is a party. The District
of Columbia may not be interpleaded in any judicial or administrative proceeding involving
such a dispute.

(c) Subcontract requirements

The Contractor shall include in each subcontract under this contract a provision
requiring the subcontractor to include in its contract with any lower -tier
subcontractor or supplier the payment and interest clauses required under
paragraphs (1) and (2) of D.C. Official Code §2 -221.02(d).
31. Authorized Changes by the Contracting Officer (CO):

(a) The CO is the only person authorized to approve changes in any of the requirements of this
contract.

(b) 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.

(c) 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.
32. Contract Administrator (CA):
(a) 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:
(1) Keeping the CO fully info rmed of any technical or contractual difficulties
encountered during the performance period and advising the CO of any potential
problem areas under the contract;
(2) Coordinating site entry for Contractor personnel, if applicable;
(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;
July 2010
SCP. 29

(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
(5) Maintaining a file that includes all contract correspondence, modifications, records
of inspections (site , data, equipment) and invoice or vouchers.
(b) 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.
(c) 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.

33. Publicity:

The Contractor shall at all times obtain the prior written approval from the CO before it, any of its officers,
agents, employees or subcontractors, either during or after expiration or termination of the contract, make
any statement, or issue any material, for publication through any medium of communication, bearing on the
work performed or data collected under this contract.

34. Freedom of Information Act:

The District of Columbia Freedom of Information Act, at D.C. Official Code §2 -532 (a-3), requires the
District to make available for inspection and copying any record produced or collected pursuant to a
District contract with a private contractor to perform a public function, to the same extent as if the record
were maintained by the agency on whose behalf the contract is made. If the Contractor receives a request
for such information, the Contractor shall immediately send the request to the CA who will provide the
request to the FOIA Officer for the agency with programmatic responsibility in accordance with the D.C.
Freedom of Information Act. If the agency with programmatic responsibility receives a request for a record
maintained by the Contractor pursuant to the contract, the CA will forward a copy to the Contractor. In
either event, the Contractor is required by law to provide all responsive records to the CA within the
timeframe designated by the CA. The FOIA Officer for the agency with programmatic responsibility will
determine the releasability of the records. The District will reimburse the Contractor for the costs of
searching and copying the records in accordance with D.C. Official Code §2 -532 and Chapter 4 of Title 1
of the D.C Municipal Regulations.
July 2010
SCP. 30

35. 51% District Residents New Hires Requirements and First Source Employment Agreement:

(a) 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").
(b) The Contractor shall enter into and maintain, during the term of the contract, a First Source
Employment Agreement with DOES, in which the Contractor shall agree that:
(I) The first source for finding employees to fill all jobs created in order to perform this
contract shall be the DOES; and
(2) The first source for finding employees to fill any vacancy occurring in all jobs
covered by the First Source Employment Agreement shall be the First Source
Register.
(c) The Contractor shall submit to DOES, no later than the 10 th of each month following
execution of the contract, a First Source Agreement Contract Compliance Report ("contract
compliance report") to verify its compliance with the First Source Agreement for the
preceding month. The contract compliance report for the contract shall include the:
(I) Number of employees needed;
(2) Number of current employees transferred;
(3) Number of new job openings created;
(4) Number of job openings listed with DOES;
(5) Total number of all District residents hired for the reporting period and the cumulative
total number of District residents hired; and
(6) Total number of all employees hired for the reporting period and the cumulative total
number of employees hired, including:
(a) Name;
(b) Social security number;
(c) Job title;
(d) Hire date;
(e) Residence; and
(f) Referral source for all new hires.

(d) If the contract amount is equal to or greater than $100,000, the Contractor agrees that 51%
of the new employees hired for the contract shall be District residents.
(e) With the submission of the Contractor's final request for payment from the District, the
Contractor shall:
(1) Document in a report to the CO its compliance with section 35(d) of this clause; or
(2) Submit a request to the CO for a waiver of compliance with section 35(d) of this clause
and include the following documentation:
(a) Material supporting a good faith effort to comply;
(b) Referrals provided by DOES and other referral sources;
(c) Advertisement of job openings listed with DOES and other referral sources; and
(d) Any documentation supporting the waiver request pursuant to section 35(f) of
this clause.

(f) The CO may waive the provisions of section 35(d) of this clause if the CO finds that:
(1) A good faith effort to comply is demonstrated by the Contractor;
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(2) The Contractor is located outside the Washington Standard Metropolitan Statistical Area
and none of the contract work is performed inside the Washington Standard
Metropolitan Statistical Area which includes the District of Columbia; the Virginia
Cities of Alexandria, Falls Church, Manassas, Manassas Park, Fairfax, and
Fredericksburg, the Virginia Counties of Fairfax, Arlington, Prince William, Loudoun,
Stafford, Clarke, Warren, Fauquier, Culpeper, Spotsylvania, and King George; the
Maryland Counties of Montgomery, Prince Georges, Charles, Frederick, and Calvert; and
the West Virginia Coun ties of Berkeley and Jefferson.
(3) The Contractor enters into a special workforce development training or placement
arrangement with DOES; or
(4) DOES certifies that there are insufficient numbers of District residents in the labor
market possessing the skills required by the positions created as a result of the contract.
(g) Upon receipt of the contractor's final payment request and related documentation pursuant
to sections 35(e) and 35(f) of this clause, the CO shall determine whether the Contractor is
in compliance with section 35(d) or whether a waiver of compliance pursuant to section
35(f) is justified. If the CO determines that the Contractor is in compliance, or that a waiver
of compliance is justified, the CO shall, within two business days of making the
determination forward a copy of the determination to the agency Chief Financial Officer and
the CA.
(h) Willful breach of the First Source Employment Agreement, or failure to submit the report
pursuant to section 35(e) of this clause, or deliberate submission of falsified data, may be
enforced by the CO through imposition of penalties, including monetary fines of 5% of the
total amount of the direct and indirect labor costs of the contract. The Contractor shall make
payment to DOES. The Contractor may appeal to the D.C. Contract Appeals Board as
provided in this contract any decision of the CO pursuant to this section 35(h).
(i) The provisions of sections 35(d) through 35(h) of this clause do not apply to nonprofit
organizations.

36. Section 504 of the Rehabilitation Act of 1973, as amended:

During the performance of the contract, the Contractor and any of its subcontractors shall comply
with Section 504 of the Rehabilitation Act of 1973, as amended. This Act prohibits discrimination
against disabled people in federally funded programs and activities. See 29 U.S.C. § 794 et seq.

37. Americans With Disabilities Act of 1990 (ADA):

During the performance of this contract, the Contractor and any of its subcontractors shall comply
with the ADA The ADA makes it unlawful to discriminate in employment against a qualified
individual with a disability. See 42 U.S.C. §12101 el seq.

38. Way to Work Amendment Act of 2006:

(a) Except as described in section 38(h) of this clause, the Contractor shall comply with Title I
of the Way to Work Amendment Act of 2006, effective June 8, 2006 (D.C. Law 16 -118,
D.C. Official Code §2 -220.01 el seq.) ("Living Wage Act of 2006"), for contracts for
services in the amount of $100,000 or more in a 12 -month period.
July 2010
SCP. 32

(b) The Contractor shall pay its employees and subcontractors who perform services under the
contract no less than the current living wage published on the OCP website at
www.ocp.dc.gov.
(c) The Contractor shall include in any subcontract for $15,000 or more a provision requiring
the subcontractor to pay its employees who perform services under the contract no less than
the current living wage rate .
(d) The DOES may adjust the living wage annually and the OCP will publish the current living
wage rate on its website at www.ocp.dc.gov.
(e) The Contractor shall provide a copy of the Fact Sheet attached to the contract to each
employee and subcontractor who performs services under the contract. The Contractor shall
also post the Notice attached to the contract in a conspicuous place in its place of business.
The Contractor shall include in any subcontract for $15 ,000 or more a provision requiring
the subcontractor to post the Notice in a conspicuous place in its place of business.
(f) The Contractor shall maintain its payroll records under the contract in the regular course of
business for a period of at least three (3) years from the payroll date and shall include this
requirement in its subcontracts for $15,000 or more under the contract.
(g) The payment of wages required under the Living Wage Act of2006 shall be consistent with
and subject to the provisions of D.C. Official Code §32 -130 l et seq.
(h) The requirements of the Living Wage Act of2006 do not apply to:
( l) Contracts or other agreements that are subject to higher wage level determinations
required by federal law;
(2) Existing and future collective bargaining agreements , provided, that the future
collective bargaining agreement results in the employee being paid no less than the
established living wage;
(3) Contracts for electricity, telephone, water, sewer or other services provided by a
regulated utility;
(4) Contracts for services needed immediately to prevent or respond to a disaster or
eminent threat to public health or safety declared by the Mayor;
(5) Contracts or other agreements that provide trainees with additional services
including, but not limited to, case management and job readiness services; provided
that the trainees do not replace employees subject to the Living Wage Act of2006;
(6) An employee under 22 years of age employed during a school vacation period, or
enrolled as a full-time student, as defined by the respective institution, who is in high
school or at an accredited institution of higher education and who works less than 25
hours per week; provided that he or she does not replace employees subject to the
Living Wage Act of2006;
(7) Tenants or retail establishments that occupy property constructed or improved by
receipt of government assistance from the District of Columbia; provided, that the
tenant or retail establishment did not receive direct government assistance from the
District;
(8) Employees of nonprofit organizations that employ not more than 50 individuals and
qualify for taxation exemption pursuant to section 50 l (c)(3) of the Internal Revenue
Code of 1954, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3));
July 2010
SCP. 33

(9) Medicaid provider agreements for direct care services to Medicaid recipients,
provided, that the direct care service is not provided through a home care agency, a
community residence facility, or a group home for mentally retarded persons as those
terms are defined in section 2 of the Health-Care and Community Residence Facility,
Hospice, and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C.
Law 5-48; D.C. Official Code§ 44-501); and
(10) Contracts or other agreements between managed care organizations and the Health
Care Safety Net Administration or the Medicaid Assistance Administration to
provide health services.
(i) The Mayor may exempt a contractor from the requirements of the Living Wage Act of 2006,
subject to the approval of Council, in accordance with the provisions of Section I09 of the
Living Wage Act of 2006.

39. Contracts that Cross Fiscal Years:

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

40. 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.

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

42. Rights in Data:

(a) "Data," as used herein, means recorded information, regardless of form or the media on
which it may be recorded. The term includes technical data and computer software. The
term does not include information incidental to contract administration, such as financial,
administrative, cost or pricing, or management information.
(b) The term "Technical Data", as used herein, means recorded information, regardless of form
or characteristic, of a scientific or technical nature. It may, for example, document research,
experimental, developmental or engineering work, or be usable or used to define a design or
process or to procure, produce, support, maintain, or operate material. The data may be
graphic or pictorial delineations in media such as drawings or photographs, text in
specifications or related performance or design type documents or computer printouts.
Examples of technical data include research and engineering data, engineering drawings and
associated lists, specifications, standards, process sheets, manuals, technical reports, catalog
item identifications, and related information, and computer software documentation.
Technical data does not include computer software or financial, administrative, cost and
pricing, and management data or other information incidental to contract administration.
(c) The term "Computer Software", as used herein means computer programs and computer
databases. "Computer Programs", as used herein, means a series of instructions or
statements in a form acceptable to a computer, designed to cause the computer to execute an
July 2010
SCP. 34

operation or operations. "Computer Programs" include operating systems, assemblers,
compilers, interpreters, data management systems, utility programs, sort merge programs,
and automated data processing equipment maintenance diagnostic programs, as well as
applications programs such as payroll, inventory control and engineering analysis programs.
Computer programs may be either machine-dependent or machine-independent and may be
general purpose in nature or designed to satisfy the requirements of a particular user.
(d) The term "computer databases", as used herein, means a collection of data in a form capable
of being processed and operated on by a computer.
(e) All data first produced in the performance of this Contract shall be the sole property of the
District. The Contractor hereby acknowledges that all data, including, without limitation,
computer program codes, produced by Contractor for the District under this Contract, are
works made for hire and are the sole property of the District; but, to the extent any such data
may not, by operation of law, be works made for hire, Contractor hereby transfers and
assigns to the District the ownership of copyright in such works, whether published or
unpublished. The Contractor agrees to give the District all assistance reasonably necessary
to perfect such rights including, but not limited to, the works and supporting documentation
and the execution of any instrument required to register copyrights. The Contractor agrees
not to assert any rights in common law or in equity in such data. The Contractor shall not
publish or reproduce such data in whole or in part or in any manner or form, or authorize
others to do so, without written consent of the District until such time as the District may
have released such data to the public.
(f) The District will have restricted rights in data, including computer software and all
accompanying documentation, manuals and instructional materials, listed or described in a
license or agreement made a part of this contract, which the parties have agreed will be
furnished with restricted rights, provided however, notwithstanding any contrary provision
in any such license or agreement, such restricted rights shall include, as a minimum the right
to:
(1) Use the computer software and all accompanying documentation and
manuals or instructional materials with the computer for which or with which
it was acquired, including use at any District installation to which the
computer may be transferred by the District;
(2) Use the computer software and all accompanying documentation and
manuals or instructional materials with a backup computer if the computer
for which or with which it was acquired is inoperative;
(3) Copy computer programs for safekeeping (archives) or backup purposes; and
modify the computer software and all accompanying documentation and
manuals or instructional materials, or combine it with other software, subject
to the provision that the modified portions shall remain subject to these
restrictions.
(g) The restricted rights set forth in section 42(£) of this clause are of no effect unless

(1) the data is marked by the Contractor with the following legend:

"RESTRICTED RIGHTS LEGEND

Use, duplication, or disclosure is subject to restrictions stated in Contract
No. with (Contractor's Name)", and
July 2010
SCP. 35

(2) If the data is computer software, the related computer software
documentation includes a prominent statement of the restrictions applicable
to the computer software. The Contractor may not place any legend on the
computer software indicating restrictions on the District's rights in such
software unless the restrictions are set forth in a license or agreement made a
part of the contract prior to the delivery date of the software. Failure of the
Contractor to apply a restricted rights legend to such computer software shall
relieve the District of liability with respect to such unmarked software.

(h) In addition to the rights granted in section 42(f) of this clause, the Contractor hereby grants
to the District a nonexclusive, paid -up license throughout the world, of the same scope as
restricted rights set forth in section 42(f) of this clause, under any copyright owned by the
Contractor, in any work of authorship prepared for or acquired by the District under this
contract. Unless written approval of the Contracting Officer is obtained, the Contractor shall
not include in technical data or computer software prepared for or acquired by the District
under this contract any works of authorship in which copyright is not owned by the
Contractor without acquiring for the District any rights necessary to perfect a copyright
license of the scope specified in the first sentence of this paragraph.
(i) Whenever any data, including computer software, are to be obtained from a subcontractor
under this contract, the Contractor shall use this clause 42, 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.
G) For all computer software furnished to the District with the rights specified in section 42(e),
the Contractor shall furnish to the District, a copy of the source code with such rights of the
scope specified in section 42(e) of this clause. For all computer software furnished to the
District with the restricted rights specified in section 42(f), 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 this contract or any paid-up maintenance
agreement, or if Contractor should be declared bankrupt or insolvent by a court of competent
jurisdiction, shall have the right to obtain, for its own and sole use only, a single copy of the
then current version of the source code supplied under this contract, and a single copy of the
documentation associated therewith, upon payment to the person in control of the source
code the reasonable cost of making each copy.
(k) 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) Nothing contained in this clause shall imply a license to the District under any patent or be
construed as affecting the scope of any license or other right otherwise granted to the
District under any patent.
(m) Sections 42(f), 42(g), 42(h), 42(k) and 42(1) of this clause are not applicable to material
furnished to the Contractor by the District and incorporated in the work furnished under
contract, provided that such incorporated material is identified by the Contractor at the time
of delivery of such work.
July 2010
SCP. 36

43. 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.
44. Subcontracts:
The Contractor hereunder shall not subcontract any of the Contractor's work or services to any
subcontractor without the prior written consent of the CO. Any work or service so subcontracted shall be
performed pursuant to a subcontract agreement, which the District will have the right to review and
approve prior to its execution by the Contractor. Any such subcontract shall specify that the Contractor and
the subcontractor shall be subject to every provision of this contract. Notwithstanding any such subcontract
approved by the District, the Contractor shall remain liable to the District for all Contractor's work and
services required hereunder.

45. Subcontracting Requirements:

(a) Mandatory Subcontracting Requirements
(1) Unless a waiver was granted, for all contracts in excess of $250,000, at least 35% of
the dollar volume shall be subcontracted to certified small business enterprises;
provided, however, that the costs of materials, goods, and supplies shall not be
counted towards the 35% subcontracting requirement unless such materials, goods
and supplies are purchased from certified small business enterprises.
(2) If there are insufficient qualified small business enterprises to completely fulfill the
requirement of section 45(a)( 1) of this clause, then the subcontracting may be
satisfied by subcontracting 35% of the dollar volume to any certified business
enterprises; provided, however, that all reasonable efforts shall be made to ensure
that qualified small business enterprises are significant participants in the overall
subcontracting work.
(3) A prime contractor which is certified as a small, local or disadvantaged business
enterprise shall not be required to comply with the provisions of sections 45(a)(l)
and 45(a)(2) of this clause.
(b) Subcontracting Plan
If the prime contractor is required by law to subcontract under this contract, it must subcontract at
least 35% of the dollar volume of this contract in accordance with the provisions of section 45(a) of
this clause. The prime contractor responding to this solicitation which is required to subcontract
shall be required to submit with its proposal a notarized statement detailing its subcontracting plan.
Proposals responding to this RFP shall be deemed nonresponsive and shall be rejected if the offeror
is required to subcontract but fails to submit a subcontracting plan with its proposal. Once the plan
is approved by the CO, changes to the plan will only occur with the prior written approval of the
CO and the Director of DSLBD. Each subcontracting plan shall include the following:
(l) A description of the goods and services to be provided by SBEs or, if insufficient
qualified SBEs are available, by any certified business enterprises;
(2) A statement of the dollar value of the bid that pertains to the subcontracts to be
performed by the SBEs or, if insufficient qualified SBEs are available, by any
certified business enterprises;
July 2010
SCP. 37

(3) The names and addresses of all proposed subcontractors who are SBEs or, if
insufficient SBEs are available, who are certified business enterprises;
(4) The name of the individual employed by the prime contractor who will administer
the subcontracting plan , and a description of the duties of the individual ;
(5) A description of the efforts the prime contractor will make to ensure that SBEs, or, if
insufficient SBEs are available, that certified business enterprises will have an
equitable opportunity to compete for subcontracts;
(6) In all subcontracts that offer further subcontracting opportunities, assurances that the
prime contractor will include a statement, approved by the contracting officer, that
the subcontractor will adopt a subcontracting plan similar to the subcontracting plan
required by the contract;
(7) Assurances that the prime contractor will cooperate in any studies or surveys that
may be required by the contracting officer, and submit periodic reports, as requested
by the contracting officer, to allow the District to determine the extent of compliance
by the prime contractor with the subcontracting plan ;
(8) A list of the type of records the prime contractor will maintain to demonstrate
procedures adopted to comply with the requirements set forth in the subcontracting
plan, and assurances that the prime contractor will make such records available for
review upon the District's request; and
(9) A description of the prime contractor's recent effort to locate SBEs or, if insufficient
SBEs are available, certified business enterprises, and to award subcontracts to them.
(c) Subcontracting Plan Compliance Reporting.
If the Contractor has an approved subcontracting plan required by law under this contract, the
Contractor shall submit to the CO and the Director of DSLBD, no later than the 21st of each month
following execution of the contract, a Subcontracting Plan Compliance Report to verify its
compliance with the subcontracting requirements for the preceding month. The monthly
subcontracting plan compliance report shall include the following information:
(1) The dollar amount of the contract or procurement;
(2) A brief description of the goods procured or the services contracted for;
(3) The name of the business enterprise from which the goods were procured or services
contracted;
(4) Whether the subcontractors to the contract are currently certified business
enterprises;
(5) The dollar percentage of the contract awarded to SBEs, or if insufficient SBEs, to
other certified business enterprises;
(6) A description of the activities the Contractor engaged in, in order to achieve the
subcontracting requirements, set forth in its plan; and
(7) A description of any changes to the activities the Contractor intends to make by the
next month to achieve the requirements set forth in its plan .
(d) Enforcement and Penalties for Breach of Subcontracting Plan
(1) If during the performance of this contract, the Contractor fails to comply with its
approved subcontracting plan, and the CO determines the Contractor's failure to be a
July 2010
SCP. 38

material breach of the contract, the CO shall have cause to terminate the contract
under the default provisions at clause 8 Default hereof.
(2) There shall be a rebuttable presumption that a contractor willfully breached its
approved subcontracting plan if the contractor (i) fails to submit any required
monitoring or compliance report; or (ii) submits a monitoring or compliance report
with the intent to defraud.
(3) A contractor that is found to have willfully breached its approved subcontracting
plan for utilization of certified business enterprises in the performance of a contract
shall be subject to the imposition of penalties, including monetary fines of $15,000
or 5% of the total amount of the work that the contractor was to subcontract to
certified business enterprises, whichever is greater, for each such breach.
46. 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 in the contract. An award cannot be made to any offeror who has not satisfied the equal
employment requirements.
47. Contracts in Excess of One Million Dollars:
Any contract in excess of $1,000,000 shall not be binding or give rise to any claim or demand against the
District until approved by the Council of the District of Columbia and signed by the CO.
48. Governing Law:
This contract, and any disputes arising out of or related to this contract, shall be governed by, and construed
in accordance with, the laws of the District of Columbia.