Attachment_M_-_NTP_and_Letter_Contract.pdf

GOVERNMENT OF THE DISTRICT OF COLUMBIA

DEPARTMENT OF GENERAL SERVICES

Contracts & Procurement Division

Sent electronically to: vendor@email.com

XXX XX, 2026

Name Role Company Address 1 Address 2

Subject: Notice to Proceed and Letter Contract

Reference: Request for Proposals (“RFP”) No. DCAM-26-CS-RFP-0007

Construction Management At-Risk Services for the Heritage – New York Avenue Shelter

Dear Mr./Ms. Name:

We refer to the proposal submitted by XXXXX (the “CMAR” or “Contractor”) in response to the above referenced RFP. As noted in the Department’s Notice of Award, XXXXX has been selected to perform the required services and if this Letter Contract (“Letter Contract”) is signed by the Contractor without modification of any kind, it will serve as the notice to proceed for the work described below. This notice to proceed is subject to the following terms:

1. Letter Contract. This is a Letter Contract between the Contractor and the District of Columbia Government, acting by and through its Department of General Services (“DGS” or the “Department”), and shall govern the parties relationship until such time as a final contract is entered into for the work described in the above referenced RFP (the “Definitized Contract”); provided, however, that to the extent an issue is not covered in this Letter Contract, the Request for Proposal shall govern. Once the Definitive Contract is executed by an authorized Contracting Officer, this Letter Contract shall automatically be incorporated into and shall merge into and be superseded by the Definitive Contract.

2. Scope of Work. The Contractor shall provide Construction Management At-Risk (“CMAR”) services for the Heritage – New York Avenue Shelter, located at 1201 New York AvenueNE, Washington, DC 20005 (the “Project”), as described in the Contractor’s Proposal dated DATE, submitted in response to the subject RFP and Schedule of Values attached to this Letter Contract as (Exhibit A).

3. Deliverables. In connection with the services provided pursuant to this Letter Contract, the Contractor shall provide, at a minimum, the deliverables in accordance with the requirements in the RFP, Schedule of Values attached to this Letter Contract as (Exhibit A) and Form of Contract in connection to the authorized work to the Department’s Program Manager and in the referenced instances to the Contracting Officer.

In the event that the Contractor fails to timely submit any such deliverable, the Contractor shall pay to the Department as a disincentive fee Five Thousand Dollars ($5,000) per day after receiving written notice from the mailto:vendor@email.com

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Contracting Officer of failure to submit each deliverable. This remedy is cumulative and does not limit any other right or remedy of the Department under the contract or applicable District law.

4. Not to Exceed Amount. The limit of this authorization is up to $xx (“Not to Exceed” amount or “NTE”) including $xx for Preconstruction Fee, $xx for Construction Management Fee, and $ xx for Lump Sum General Conditions. In no event shall the Contractor be entitled to receive more than the NTE amount under this Letter Contract unless authorized in advance and in writing by a duly authorized Contracting Officer. This NTE amount includes all costs incurred by the Contractor in connection with the work authorized hereby.

5. Key Personnel. To carry out its duties, the Contractor shall provide at least the key personnel identified in Exhibit F (“Key Personnel”), who shall carry out the functions identified in Exhibit F. Key personnel shall include, at a minimum, the following individuals: (i) the Project Executive; (ii) the Field Superintendent; (iii) the Project Manager who will supervise the Project; (iv) the Project Manager who will supervise the Mechanical, Electrical, and Plumbing (“MEP”) work (v) Lead Cost Estimator; and (vi) Safety/Quality Assurance/Quality Control Manager. The Contractor will not be permitted to reassign any of the Key Personnel unless the Department approves the proposed reassignment and the proposed replacement.

If the Contractor removes or reassigns one of the Key Personnel (excluding, however, instances where such personnel become unavailable due to death, disability, or separation from the employment of the Contractor or any affiliate of the Contractor) without the prior written consent of the Department's Contracting Officer, the Contractor shall pay to the Department the sum of $25,000 for each replacement as a replacement fee and not as a penalty, to reimburse the Department for its administrative costs arising from the Contractor failure to provide the Key Personnel. The foregoing replacement fee amount shall not bar recovery of any other damages, costs, or expenses other than the Department's internal administrative costs. In addition, the Department shall have the right, to be exercised in its sole discretion, to remove, replace, or to reduce the scope of services of the Contractor in the event that a member of the key personnel has been removed or replaced by the Contractor without the consent of the Department. In the event the Department exercises the right to remove, replace or to reduce the scope of services of the Contractor, the Department shall have the right to enforce the terms of the Agreement and to keep-in-place those members of the Contractor's team not removed or replaced and the remaining members shall complete the services required under the Agreement in conjunction with the new members of the Contractor's team approved by the Department.

6. Insurance. At all times while working under this Letter Contract, the Contractor shall maintain insurance as described in the RFP including a Certificate of Insurance (Exhibit G). All such policies shall be endorsed to add the District of Columbia, including, but not limited to, its Department of General Services, and the respective agents, employees, and offices of each as additional insureds. The Contractor must maintain insurance for all of their subcontractors as described in the RFP.

7. Duration. Once signed by the Contractor, the Letter Contract will become effective on the date the Letter Contract is executed by the Department. This Letter Contract, on the earlier to occur of the following: (i) the date the Definitized Contract becomes effective; or (ii) DATE, 2025. DGS reserves the right to terminate this Letter Contract, in whole or specified part, for convenience in the manner described in Article 5 of the District of Columbia Department of General Services Standard Contract Provisions General Provisions for Construction Contracts Exhibit B.

8. Billing. All invoices shall be submitted directly to the Department at the address specified in the RFP.

Purchase Order numbers should be included in all future invoices and accounting records. Properly prepared invoices with the necessary backup shall be paid within thirty (30) days of receipt. Invoices not paid by that date shall bear interest in accordance with the Quick Payment Act.

9. Use of DGS’ ProjectTeam. The Contractor shall utilize the Department’s ProjectTeam system to submit any and all documentation required to be provided by the Contractor for the Project, including or other web-based document management system to submit any and all documentation required to be provided by the

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Contractor, including, but not limited to: (i) requests for information; (ii) submittals; (iii) meeting minutes; (iv) invoices/applications for payment (full package including all forms required by the Department); (v) certified payrolls (in addition to upload via LCP Tracker); (vi) drawings and specifications; (vii) punch list; and (viii) other documents as may be designated by the Department.

Electronic storage and transmission of information via ProjectTeam system shall be compliant with the DGS document security requirements.

10. Invoice Submittal. The Contractor shall create and submit payment requests in an electronic format through the DC Vendor Portal, https://vendorportal.dc.gov. The Contractor shall submit proper invoices on a monthly basis. To constitute the required documentation for the invoice per Article 8 of the Standard Contract Provisions, 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.

11. Purchase Order Number. This Letter Contract will become effective on the date the Letter Contract is executed by the Department. The Department’s Contracts & Procurement Division will issue a purchase order number and will be sent in a separate cover. That number should be included in all future invoices and accounting records. In the event that you do not obtain a purchase order number please contact Sailab Sulemanzai at sailab.sulemanzai@dc.gov directly to obtain this number.

12. Ownership and Use of Documents. All documents and work products prepared by the Contractor shall become the property of the Department upon the payment of invoices submitted under the Letter Contract.

13. Trade Work/Site Control. Unless otherwise directed by the Department, the Contractor shall not perform any trade work or take control of the site. Any authorization to proceed with trade work will include appropriate provisions relating to compliance documents (first source employment agreement, Department of Small and Local Business Development (“DSLBD”), bonds, insurance, and safety procedures. At a minimum, however, the Department’s Standard Contract Provisions for Construction shall apply and in addition to the requirements set forth in any such subsequent authorization, prior to commencing any construction activity, the Contractor shall provide the Department’s Contracting Officer with certificates evidencing insurance, a payment and performance bond having a penal value equal to the then value of the Letter Contract and the Contractor’s agreement of indemnity. In the event the Contractor fails to provide the Department with such certificates of insurance, the agreement for indemnity or bond, the Department may withhold any subsequent payment until such documents are provided.

14. Entire Agreement; Modification. This Letter Contract, along with the Standard Contract Provisions (Exhibit B), supersede all contemporaneous or prior negotiations, representations, course of dealing, or agreements, either written or oral. No modifications to this Letter Contract shall be effective against the Department and unless made in writing signed by the Department. Notwithstanding the provisions of this Section 14, nothing herein shall limit the Department’s ability to unilaterally modify this Letter Contract.

15. Davis Bacon Act Wage Determination and 29 CFR 5.5 Davis Bacon Provision. The Contractor agrees that the work performed under this Letter Contract shall be subject to the Davis Bacon Wage Determination Act (40 U.S.C. §§ 3142-3148) Exhibit C1 and Title 29 Code of Federal Regulations (“CFR”) part 5.5 Davis Bacon Provision Exhibit C2 in effect at the time of Letter Contract execution by the Department.

16. Living Wage Act. The Contractor agrees that the work performed under this Letter Contract shall be subject to the Living Wage Act in effect at the time of Letter Contract execution by the Department. As such, the Contractor and its subcontractors shall comply with the wage reporting requirements imposed by the act as set forth in (Exhibit D).

https://vendorportal.dc.gov/ mailto:sailab.sulemanzai@dc.gov

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17. Campaign Finance Reform Act. The Contractor agrees to comply with the Campaign Finance Reform Act certification required pursuant to D.C. Official Code § 1-1161.01 and will satisfy all self-certification requirements, as applicable (Exhibit E).

18. Performance And Payment Bonds. The Contractor agrees to post a payment and performance bond with a penal value equal to the Definitized Contract amount at the time the Definitized Contract is executed. The CMAR will be required to post an updated payment and performance bond to reflect the GMP Amendment amount Exhibit H.

19. Buy American Act.

The Contractor shall comply with the provisions of the Buy American Act (41 U.S.C. §§ 8301–8305), including, but not limited to, the purchase of steel. To the extent that the language in this section contradicts the language under Article 24 of The Department Standard Contract Provisions for Construction Contracts (Exhibit B) regarding compliance with the Buy American Act, the language in this section should supersede.

19.1 In accordance with the Buy American Act (41 U.S.C. §§ 8301–8305), and Executive Order 10582, December 17, 1954 (3 CFR, 1954-58 Comp., p. 230), as amended by Executive Order 11051, September 27, 1962 (3 CFR, 1059—63 Comp., p. 635), the Design-Builder agrees that only domestic construction material will be used by the Design-Builder, subcontractors, material men and suppliers in the performance of the Agreement, except for non-domestic material listed in the Agreement.

“Components” as used in this Section, means those articles, materials and supplies incorporated directly into the end products.

“Domestic end product”, as used in this section, 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 65 percent of the cost of all its components. For an end product that consists wholly or predominantly of iron or steel or a combination of both, the cost of foreign iron and steel must constitute less than 5 percent of the cost of all the components used in the end product.

Components of foreign origin of the same class or kind as the products 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 Section, means those articles, materials, and supplies to be acquired for public use under this Contract.

The Contractor shall deliver only domestic end products, except those:

1. For use outside the United States;

2. That the District determines are not mined, produced, or manufactured in the United

States in sufficient and reasonably available commercial quantities of a satisfactory quality;

3. For which the District determines that domestic preference would be inconsistent with the public interest; or

4. For which the District determines the cost to be unreasonable.

19.2 Domestic Construction Material. “Construction material” means any article, material, or supply brought to the construction site for incorporation in the building or work. An unmanufactured construction material is a “domestic construction material” if it has been mined or produced in the United States. A manufactured construction material is a “domestic construction material” if it has been manufactured in the United States and if the cost of its components which have been mined, produced, or manufactured in the United States exceeds 65 percent of the cost of all its components. “Component” means any article, material, or supply

3924 Minnesota Ave, NE | 5th Floor Washington DC 20019 | Telephone (202) 727.2800 | Fax (202) 727-7283 directly incorporated in construction material. If the construction material consists wholly or predominantly of iron or steel, the iron or steel was produced in the United States; or, for construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in such construction material.

19.3 Domestic Component. A component shall be considered to have been “mined, produced, or manufactured in the United States” regardless of its source, in fact, if the article, material, or supply in which it is incorporated was manufactured in the United States and the component is of a class or kind determined by the Government to be not mined, produced or manufactured in the United States in sufficient and reasonably available commercial quantities and of satisfactory quality.

19.4 Foreign Construction Material. “Foreign construction material” means a construction material other than a domestic construction material.

20. Equal Employment Opportunity and Hiring of District Residents.

The Contractor shall comply with applicable laws, regulations, and special requirements of the Contract Documents regarding equal employment opportunity and affirmative action programs. In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order 85-85 dated June 10, 1985. Exhibit I.

21. Exhibits. The following exhibits are attached to the NTP/Letter Contract:

Exhibit A – Schedule of Values Exhibit B – Standard Contract Provision for Construction Projects Exhibit C1 – Davis Bacon Wage Determination Exhibit C2 – 29 CFR 5.5 Davis Bacon Provision Exhibit D – 2026 Living Wage Act Exhibit E – Campaign Finance Reform Act self-certification Exhibit F – Key Personnel Exhibit G – Certificate of Insurance Exhibit H – Payment and Performance Bond Exhibit I – Equal Employment Opportunity Statement

ISSUED BY: ACCEPTED BY:

DEPARTMENT OF GENERAL SERVICES [NAME]

By: By:

Name: Name:

Title: Title:

Date: Date: