SUPPLIES AND SERVICESapp.ocp.dc.gov/Award_attachments/CW50408-Base...RFP, P3 agreements as well as applications, reports and documents for federal and District officials or agencies;

04/03/17

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SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST B.1 The District of Columbia Office of Contracting and Procurement, on behalf of the District’s

Office of Public-Private Partnerships (the “District” and/or “DC OP3”) is contracting with Graves, Horton, Askew & Jenkins located at

(“Contractor”) to provide legal advisory services to the District.

B.2 The District is awarding IDIQ contract, with fixed price task orders. B.2.1 INDEFINITE DELIVERY- INDEFINITE QUANTITY (IDIQ) CONTRACT

This is an IDIQ contract for the supplies or services specified, and effective for the period stated. a) Delivery or performance shall be made only as authorized by orders issued in accordance

with the Ordering Clause, Section G.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 maximum quantity of $950,000.00 per year. The District will order at least the minimum quantity of $50.00 per year.

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 September 30, 2022.

d) The rates provided below in Section B.3 are the maximum rates allowable for each labor category, for each year of the contract. Additional discounts may be applied on an individual task order basis, upon mutual agreement of the parties to this agreement.

B.3 PRICE SUMMARY LEGAL ADVISORY SERVICES

Legal Advisory Services – Base Year

CLIN Labor Category Unit Rate Estimated Hours

Total Estimated

Price 0009 Managing Senior Legal Advisor Hourly Rate $375.00 52 $19,500.00 0010 Senior Legal Advisor/Subject Matter

Expert Hourly Rate $350.00 130 $45,500.00

0011 Legal Advisor Hourly Rate $250.00 260 $65,000.00 0012 Technical Writer Hourly Rate $105.00 52 $5,460.00

Legal Advisory Services – Option Year 1


Total Estimated


Expert Hourly Rate $360.00 130

$46,800.00 1011 Legal Advisor Hourly Rate $260.00 260 $67,600.00 1012 Technical Writer Hourly Rate $115.00 52 $5,980.00

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Total Estimated






Total Estimated






Total Estimated




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SECTION C: SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE

The purpose of this contract is to establish legal advisory services for the District of Columbia Office of Public-Private Partnerships (DC OP3).

All services will be in support of the District of Columbia’s comprehensive public-private partnerships (P3) program.

C.2 APPLICABLE DOCUMENTS

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

Item No. Document Type Title Date

1 DC P3 Legislation DC ACT 20-550 – The Public Private Partnership Act December 29, 2014

C.3 BACKGROUND

The DC OP3 was created through the enactment of the District of Columbia Public-Private Partnerships Act of 2014 (P3 Act). The DC OP3, within the Office of the City Administrator, is tasked to assess, evaluate, develop and procure P3s for all agencies of the District government. The DC OP3 will also serve as the in-house innovative project delivery advisors for the District of Columbia government. These duties will result in a wide-ranging need for external professional services.

C.4 REQUIREMENTS

Offerors shall address all labor, supervision, equipment, supplies and travel required to provide all staff services to the DC OP3 for each of the service categories. Proposers may submit proposals for one, two or all of the categories. If a Proposer wishes to be considered for more than one category, that Proposer must submit a separate proposal for each category for which they wish to be considered.

A. Legal Advisory Services

Legal Advisory Services from attorneys and firms with considerable sector-specific expertise and experience in P3s and District legal structures will provide support of the P3 procurement model as outlines in the P3 Act, the DC OP3 Rules and Guidelines. Legal Advisory Services shall include, but not be limited to the following:

i. Review and update of DC OP3 documents as needed, including Rules and Guidelines;

ii. Work with the DC OP3, the Owner Agency, other reliant District offices and other advisors to structure the P3 procurement documents and to advise on the procurement approach to limit legal risk to the District and maximize value-for-money;

iii. Advise on contractual issues on project agreements, project terms and conditions, leases, risk transfer, revenue sharing and tax implications associated;

iv. Develop contract terms and conditions based on the specific need of the District; v. Provide guidance regarding the approach in negotiations with bidders and possibly

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undertaking some aspects of the negotiations as needed; vi. Draft all legal aspects of the final P3 agreements with the DC OP3, Owner Agency,

other District offices and other District advisors; and vii. Additional and more general advice on taxation, property, planning, environmental

law (especially federal requirements), banking, competition law, intellectual property and ethics.

STAFFING REQUIREMENTS/LABOR CATEGORY DESCRIPTIONS

The DC OP3 requires consultants to have availability of industry leading staff at all times. The following staff positions are required, relevant to the services proposed, and shall at a minimum, be provided by the Contactor. Offerors must submit a resume, or resumes of qualified staff, for each position required. If offerors are proposing for more than one category resumes must be submitted for each required position under each category. Identified persons shall have the following minimum qualifications:

A. Legal Advisory Services

In support of activities as defined in this solicitation.

i. Managing Senior Legal Advisor a. A minimum of 12 years of proven record, including relevant education and certifications

of providing advanced legal guidance and recommendations to public sector agencies relative to federal and state innovative financing initiatives and financial management tools for P3s;

b. Extensive knowledge and recognized industry leadership in the legal areas associated with complex P3 projects and other innovative delivery methods;

c. Ability to find ways to achieve project agreement innovation under the current regulatory structure;

d. Proven ability to manage a team of legal advisors, tight project timelines and limited budgets in an effective manner; and

e. The Managing Senior Legal Advisor will serve as the Task Order Point of Contact for the DC OP3.

ii. Senior Legal Advisor / Subject Matter Expert

a. A minimum of 8 years of proven record, including relevant education and certifications of providing advanced legal guidance and recommendations to public sector agencies relative to federal and state innovative financing initiatives and financial management tools for P3s;

b. Extensive knowledge and recognized industry leadership in the legal areas associated with complex P3 projects and other innovative delivery methods;

c. Ability to find ways to achieve project agreement innovation under the current regulatory structure; and

d. Deep working history with contract and procurement law. iii. Legal Advisor

a. A minimum of 4 years of experience, including relevant education and certifications in the legal aspects of P3 projects and alternative delivery procurements; and

b. Ability to support all Task Order related activities including document creation, research, and project delivery.

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iv. Administrative Personnel / Contract Writer / Paralegal

a. Clear ability in the production of materials associated with the Task Order including RFI, RFQ, RFP, P3 agreements as well as applications, reports and documents for federal and District officials or agencies; and

b. Knowledge of administrative responsibilities including but not limited to creation of presentations, document drafting, reports and applications.

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SECTION D: PACKAGING AND MARKING D.1 The packaging and marking requirements for this contract shall be governed by clause number (2),

Shipping Instructions-Consignment, of the Government of the District of Columbia's Standard Contract Provisions for use with Supplies and Services Contracts, dated July 2010. (Attachment J.1)

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SECTION E: INSPECTION AND ACCEPTANCE E.1 The inspection and acceptance requirements for this contract shall be governed by clause number

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

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SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES F.1 TERM OF CONTRACT

The term of this contract shall be for a period of one year from date of 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 four (4) one-year option periods,

or successive fractions thereof, by written notice to the Contractor before the expiration of the contract; provided that the 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 the 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 (5) 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. Final deliverables/delivery schedules will be determined on a task order basis.

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Legal Advisory Services

Potential Deliverables Format/Method of Delivery

Due Date

Kick Off Meeting In person attendance Ten business days after Authorization to Proceed

Draft report on legal and legislative considerations

E-Copy or Paper TBD after Kick Off Meeting

Final report on legal and legislative considerations

E-Copy or Paper with In-Person meeting

Five business days following receipt of comments

Draft stakeholder analysis of Federal participation opportunities, objections review and recommendations

E-Copy or Paper with In-Person Meeting

TBD after Kick Off Meeting

Final stakeholder analysis of Federal participation opportunities, objections review and recommendations

E-Copy or Paper with In-Person Meeting

TBD after Kick Off Meeting

Draft Risk Register (in conjunction with other staff and advisors)

E-copy or Paper TBD after Kick Off Meeting

Final Risk Register (in conjunction with other staff and advisors)

In-Person Five days after receipt of comments

Draft Project Contract Terms E-copy and In-Person TBD after Kick Off Meeting

Final Project Contract Terms E-Copy and In-Person Five days after receipt of comments

Initial project delivery and procurement options analysis paper

E-copy or Paper TBD after Kick Off Meeting

Project delivery and procurement options recommendations with timelines

In-Person Five days after receipt of comments

Draft RFI, RFEI, RFQ and RFP inputs (in conjunction with other staff and advisors)

E-Copy, Paper and In- Person

TBD – as needed

Final RFI, RFEI, RFQ and RFP inputs (in conjunction with other staff and advisors)

E-copy, Paper and In- Person

TBD – as needed

P3 Agreement Negotiations In-Person TBD – as needed Provide input on project performance specifications and payment mechanism

On-going in-person, e- copy and paper

On-going

F.3.1 The Contractor shall submit to the District, as a deliverable, the report described in section H.5.5 that is required by the 51% District Residents New Hires Requirements and First Source Employment Agreement. If the Contractor does not submit the report as part of the deliverables, final payment to the Contractor shall not be paid pursuant to section G.3.2.

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SECTION G: CONTRACT ADMINISTRATION G.1 RESERVE

G.2 INVOICE SUBMITTAL

G.2.1 The Contractor shall submit proper invoices on a monthly basis or as otherwise specified in

Section G.4. Invoices shall be prepared in duplicate and submitted to the agency Chief Financial Officer with concurrent copies to the CA specified in Section G.9 below. The address of the CFO is:

Office of Finance and Resource Management 441 4th Street, NW Rm. 890N Washington, DC 20001

G.2.2 To constitute a proper invoice, the Contractor shall submit the following information on the

invoice: G.2.2.1 Contractor’s name, federal tax ID and invoice date (date invoices as of the date of mailing or

transmittal); G.2.2.2 Contract number and invoice number;

G.2.2.3 Description, price, quantity, and the date(s) that the supplies or services were delivered or

performed; G.2.2.4 Other supporting documentation or information, as required by the Contracting Officer;

G.2.2.5 Name, title, telephone number and complete mailing address of the responsible official to

whom payment is to be sent; G.2.2.6 Name, title, phone number of person preparing the invoice;

G.2.2.7 Name, title, phone number and mailing address of person (if different from the person

identified in G.2.2.6 above) to be notified in the event of a defective invoice; and G.2.2.8 Authorized signature.

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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 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.

G.4 PAYMENT

Unless otherwise specified in the contract, payment will be made on partial deliveries of services accepted by the District based upon sections B.3 (Price Schedule) and F.3 (Deliverables) if:

a) The amount due on the deliverable warrants it; or b) The Contractor requests it and the amount due on the deliverable is in accordance with

the following: • Payment will be made on completion an acceptance of each item (Section F.3) for

which the price is stated in the schedule in Sections B.3 and F.3 c) Presentation of a properly executed invoice

G.5 RESERVED

G.6 RESERVED

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:

Todd Allen Office of Contracting and Procurement 441 4th Street, NW Suite 700S Washington, DC 20001 Telephone: 202.724.3969 E-mail address: [email protected]

G.8 RESERVED

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.9.1.1 Keeping the CO fully informed of any technical or contractual difficulties encountered during the

mailto:[email protected]

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performance period and advising the CO of any potential problem areas under the contract; G.9.1.2 Coordinating site entry for Contractor personnel, if applicable;

G.9.1.3 Reviewing invoices for completed work and recommending approval by the CO if the Contractor’s

costs are consistent with the negotiated amounts and progress is satisfactory and commensurate with the rate of expenditure;

G.9.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and services. This

includes the timely processing of invoices and vouchers in accordance with the District’s payment provisions; and

G.9.1.5 Maintaining a file that includes all contract correspondence, modifications, records of

inspections (site, data, equipment) and invoice or vouchers.

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

Judah Gluckman Deputy Director and Counsel District of Columbia Office of Public-Private Partnerships (DC OP3) John A. Wilson Building 1350 Pennsylvania Ave, NW, Suite 533 Washington, DC 20004 202.308.8197 [email protected]

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

1. Award, agree to, or sign any contract, delivery order or task order. Only the CO shall make

contractual agreements, commitments or modifications; 2. Grant deviations from or waive any of the terms and conditions of the contract; 3. Increase the dollar limit of the contract or authorize work beyond the dollar limit of the

contract, 4. Authorize the expenditure of funds by the Contractor; 5. Change the period of performance; or 6. Authorize the use of District property, except as specified under the contract.

G.9.4 The Contractor will be fully responsible for any changes not authorized in advance, in writing, by

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

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

x-apple-data-detectors://1/1


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order in the mail. Orders may be issued by facsimile or by electronic commerce methods. G.11 FEDERAL AGENCY RIDER CLAUSE

a. If authorized by the contractor, resultant contract(s) will be extended to any federal agency to

purchase at contract prices in accordance with contract terms. b. Any federal agency utilizing this contract will place its own order(s) with the Contractor.

There shall be no obligation on the part of any federal agency to utilize the contract. c. A negative reply will not adversely affect consideration of your bid. d. It is the Contractor’s responsibility to notify a federal agency of the availability of the

contract. e. Contracts entered into with a federal agency may contain general terms and conditions unique

to that federal agency, including, by way of illustration and not limitation, clauses covering minority participation, non-discrimination, indemnification, naming the federal agency as an additional insured under any required Comprehensive General Liability policies, and venue. If, when preparing such a contract, the general terms and conditions of a federal agency are unacceptable to the Contractor, the Contractor may withdraw its extension of the award to that federal agency.

f. The District shall not be held liable for any costs or damages incurred by a federal agency as a result of any award extended to that federal agency by the Contractor.

G.12 TASK ORDER AWARD PROCESS

a. In order to promote competition to the maximum extent practicable, and to ensure that the

purchases under the P3 requirement are in the best interest of the District, the contracting officer reserves the right to solicit requests for task order proposals (RFTOPS).

b. The process shall be streamlined and each RFTOP will include the evaluation factors that will be considered in evaluating proposals, and shall be tailored to each task order.

c. The contracting officer shall include in the RFTOP the evaluation factors, including price, which shall be based upon the established rates in each contractors definitized P3 IDIQ contract. The RFTOP shall include the minimum requirements that apply to particular evaluation factors or significant subfactors.

d. The District reserves the right to have some or all respondents to the each RFTOP make oral presentations as a part of the evaluation process.

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SECTION H: SPECIAL CONTRACT REQUIREMENTS H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES

H.1.1 For all new employment resulting from this contract or subcontracts hereto, as defined in Mayor’s

Order 83-265 and implementing instructions, the Contractor shall use its best efforts to comply with the following basic goal and objectives for utilization of bona fide residents of the District of Columbia in each project’s labor force:

H.1.1.1 At least fifty-one (51) percent of apprentices and trainees employed shall be residents of the

District of Columbia registered in programs approved by the District of Columbia Apprenticeship Council.

H.1.2 The Contractor shall negotiate an Employment Agreement with the Department of Employment Services (“DOES”) for jobs created as a result of this contract. The DOES shall be the Contractor’s first source of referral for qualified apprentices and trainees in the implementation of employment goals contained in this clause.

H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS

The Contractor shall be bound by the Wage Determination No. 2015-4281, Rev. 4, dated December 30, 2016 by the U.S. Department of Labor in accordance with the Service Contract Act, 41 U.S.C. §351 et seq., and incorporated herein as Section J.2. The Contractor shall be bound by the wage rates for the term of the contract subject to revision as stated herein and in accordance with Section 24 of the SCP. If an option is exercised, the Contractor shall be bound by the applicable wage rates at the time of the 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 RESERVED

H.4 RESERVED

H.5 RESERVED

H.6 RESERVED

H.7 RESERVED

H.8 RESERVED

H.9 RESERVED

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.

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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 DISTRICT RESPONSIBILITIES

TBD on a task order basis, if necessary

H.12 CONTRACTOR RESPONSIBILITIES

TBD on a task order basis, if necessary

H.13 DIVERSION, REASSIGNMENT AND REPLACEMENT OF KEY PERSONNEL

The key personnel specified in the contract are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified key personnel for any reason, the Contractor shall notify the CO at least thirty (30) calendar days in advance and shall submit justification, including proposed substitutions, in sufficient detail to permit evaluation of the impact upon the contract. The Contractor shall obtain written approval of the CO for any proposed substitution of key personnel.

Key personnel are:

1. Managing Senior Legal Advisors

2. Senior Legal Advisors / Subject Matter Experts

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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 www.ocp.dc.gov, click on OCP Policies under the heading “Information”, then click on “Standard Contract Provisions – Supplies and Services Contracts”.

I.2 RESERVED

I.3 RESERVED

I.4 RESERVED

I.5 RESERVED

I.6 RESERVED

I.7 RESERVED

I.8 INSURANCE

A. GENERAL REQUIREMENTS. The Contractor shall procure and maintain, during the entire

period of performance under this contract, the types of insurance specified below. The Contractor shall have its insurance broker or insurance company submit a Certificate of Insurance to the CO giving evidence of the required coverage prior to commencing performance under this contract. In no event shall any work be performed until the required Certificates of Insurance signed by an authorized representative of the insurer(s) have been provided to, and accepted by, the CO. All insurance shall be written with financially responsible companies authorized to do business in the District of Columbia or in the jurisdiction where the work is to be performed and have an A.M. Best Company rating of A- VIII or higher. The Contractor shall require all of its subcontractors to carry the same insurance required herein. The Contractor shall ensure that all policies provide that the CO shall be given thirty (30) days prior written notice in the event the stated limit in the declarations page of the policy is reduced via endorsement or the policy is canceled prior to the expiration date shown on the certificate. The Contractor shall provide the CO with ten (10) days prior written notice in the event of non-payment of premium.

Commercial General Liability $1,000,000 per occurrence $2,000,000 aggregate Automobile Liability Insurance $1,000,000 per occurrence

Workers Compensation In accordance with the statutory mandates of DC or jurisdiction in which the contract is performed

Employer Liability Insurance

$500,000 per accident for injury $500,000 per employee for disease $500,000 policy disease limit

Umbrella/Excess Liability Insurance

$2,000,000 per occurrence

http://www.ocp.dc.gov/

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Professional Liability Insurance (Errors and Omissions)

$1,000,000 per occurrence $3,000,000 annual aggregate

Crime Insurance (3rd Party Indemnity)

$50,000 per occurrence

Sexual/Physical Abuse and Molestation

per occurrence aggregate

Environmental Liability Insurance per incident aggregate Employment Practices Liability $1,000,000 each wrongful act $1,000,000 annual aggregate

for each wrongful act

B. DURATION. The Contractor shall carry all required insurance until all contract work is accepted by the District, and shall carry the required General Liability; any required Professional Liability; and any required Employment Practices Liability insurance for five (5) years following final acceptance of the work performed under this contract.

C. LIABILITY. These are the required minimum insurance requirements established by the District

of Columbia. HOWEVER, THE REQUIRED MINIMUM INSURANCE REQUIREMENTS PROVIDED ABOVE WILL NOT IN ANY WAY LIMIT THE CONTRACTOR’S LIABILITY UNDER THIS CONTRACT.

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

E. MEASURE OF PAYMENT. The District 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.

F. NOTIFICATION. The Contractor shall immediately provide the CO with written notice in the

event that its insurance coverage has or will be substantially changed, canceled or not renewed, and provide an updated certificate of insurance to the CO.

G. CERTIFICATES OF INSURANCE. The Contractor shall submit certificates of insurance giving

evidence of the required coverage as specified in this section prior to commencing work. a certificate of insurance, naming the District of Columbia as an additional insured shall be submitted to:

Todd Allen 441 4th Street, NW, Ste. 700S Washington, DC 20001 202.724.3969 [email protected]

H. DISCLOSURE OF INFORMATION. The Contractor agrees that the District may disclose the

name and contact information of its insurers to any third party which presents a claim against the District for any damages or claims resulting from or arising out of work performed by the Contractor, its agents, employees, servants or subcontractors in the performance of this contract.


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I.9 RESERVED

I.10 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 RESERVED

I.12 RESERVED

I.13 ESTIMATED QUANTITIES

It is the intent of the District to secure contracts for all the needs of the designated agency for all items specified in Section C which may occur during the contract term. The District agrees that it may purchase the services included herein from the contractor. The estimated quantities stated in the solicitation reflect the best estimates available. They shall not be construed to guarantee or limit the quantities which may be ordered from the Contractor by the District via task order or to relieve the Contractor of his obligation to fill all such orders. Task orders will be placed from time to time if and when needs arise for such services. The District does not guarantee to order any specific quantities.

I.14 TRAVEL COSTS

Costs for transportation, lodging, meals, and incidental expenses incurred by contractor personnel in official company business related to the District contract/task orders shall be allowable. Allowable costs may be based on actual cost incurred, per diem or mileage, or a combination if the method used-does not result in an unreasonable charge.

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SECTION J: ATTACHMENTS The following list of attachments is incorporated into the solicitation by reference.

Attachment

Number Document

J.1

Government of the District of Columbia Standard Contract Provisions for Use with the Supplies and Services Contracts (July 2010)

available at www.ocp.dc.gov click on “Solicitation Attachments”

J.2 U.S. Department of Labor Wage Determination No. 2015-4281, dated December 30, 2016

J.3

Office of Local Business Development Equal Employment Opportunity Information Report and Mayor’s Order 85-85

available at www.ocp.dc.gov click on “Solicitation Attachments”

J.4 Department of Employment Services First Source Employment Agreement available at www.ocp.dc.gov click on “Solicitation Attachments”

J.5 Way to Work Amendment Act of 2006 - Living Wage Notice

J.6 Way to Work Amendment Act of 2006 - Living Wage Fact Sheet




Documents

SUPPLIES AND SERVICESapp.ocp.dc.gov/Award_attachments/CW50408-Base...RFP, P3 agreements as well as applications, reports and documents for federal and District officials or agencies;