DCAM-26-CS-RFP-0002A.pdf

SOLICITATION/OFFER/

AWARD

1. Caption Page of Pages

Third Party Commissioning Services

1 64

2. Contract Number 3. Effective Date 4. Requisition No.

DCAM-26-CS-RFP-0002A See Block 20C

5. Issued By: 6. Administered by (If other than line 5)

Department of General Services Contracts and Procurement Division 3924 Minnesota Avenue, NE, 5th Floor Washington, DC 20019

Department of General Services Capital Construction Division 3924 Minnesota Avenue, NE, 5th Floor Washington, DC 20019

7. Name and Address of Contractor

8. Delivery

FOB Origin Other (See Schedule Section F.3)

9. Discount for prompt payment

10. Invoices Submit invoices to the Address shown in Section G.2

11. Ship to/Mark For 12. Payment will be made by

Government of the District of Columbia Department of General Services | Capital Construction Division 3924 Minnesota Avenue, NE, 5th Floor Washington, DC 20019

Government of the District of Columbia Office of the Chief Financial Officer/Department of General Services 3924 Minnesota Avenue, NE, 5th Floor

13. Acknowledgement of Amendments 14. RESERVED

15A. Item 15B. Supplies/Services 15C. Qty. 15D. Unit 15E. Unit Price 15F. Amount

See Section B.3

16. Table of Contents

Section Description

Page Section Description

Page Part I - The Schedule Part II Contract Clauses

A Cover Page/Signature Page 1 I Contract Clauses 36 - 49

B Supplies or Services & Cost/Price 2- 3

PART III – LIST OF DOCUMENTS, EXHIBITS AND

OTHER ATTACHMENTS

C Descriptions, Specifications, Statement of Work 4 - 15 J List of Attachments 50

D Packing and Marking 16

PART IV – REPRESENTATIONS AND

INSTRUCTIONS

E Inspection and Acceptance 17 K

Representations, Certifications and Other Statements of Offerors

F Period of Performance and Deliverables 18

G Contract Administration Data 19 - 25 L Instructions to Offeror 52 - 60

H Special Contract Requirements 26 - 35 M Evaluation 61 - 64 Contracting Officer will complete Item 17 or 18 as applicable

17 CONTRACTOR’S NEGOTIATED AGREEMENT Contractor is required to sign this document and return two (2) copies to issuing office. 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 Agreement 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 DCAM-26-CS-RFP-0002A, 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

19B.

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 Department of General Services

DCAM-26-CS-RFP-0002A

Commissioning Services

SECTION B:

CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST

B.1 The District of Columbia (“District”) Department of General Services (“Department” or “DGS”) is issuing this Request for Proposal (“RFP”) to solicit Contractors

(“Contractor or Consultant”) approved by the District’s Department of Buildings

(DOB) to provide commissioning services for the Department’s portfolio of projects.

B.2 CONTRACT TYPE

The contract(s) resulting from this RFP will be an Indefinite Delivery Indefinite

Quantity (ID/IQ) type contract(s) with fixed unit prices.

B.3 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 G.10 Ordering Clause. 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. The District will order at least the minimum quantity of $50.00.

(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 the contract’s period of performance.

B.4 PRICE SCHEDULE – IDIQ

See Attachment J.10.

B.5 An offeror responding to this solicitation that is required to subcontract shall be required to submit with its proposal, any subcontracting plan required by law. Proposals responding to this RFP may be rejected if the offeror fails to submit a subcontracting plan that is required by law.

B.6 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 available at Attachment J.6.

B.7 Obligation to Meet All of the Requirements of the RFP Documents

The Contractor shall meet all of the requirements of the RFP Documents.

B.8 Offeror’s Pre-Proposals Responsibilities and Representations

Each Offeror shall be solely responsible for examining the RFP Documents, including any addenda issued to the RFP, and any and all conditions which may in any way affect the Offeror’s Proposal or the performance of the Work on the Project, including but not limited to:

a) Examine and carefully study the RFP Documents, including any addenda and other information or data identified in all of the RFP Documents;

b) Address all potential impacts with third parties and ensure all such impacts have been included in the Offeror’s Proposal;

c) Become familiar with and aware of all federal, state, and local laws and regulations that may affect the cost, progress, or performance of its work on the

Project;

d) Determine that the RFP Documents are sufficient to indicate and convey understanding of all terms and conditions for the performance of Offeror’s work on the Project; and

e) Notify the Department in writing of all conflicts, errors, ambiguities, or discrepancies that Offeror discovers in the RFP Documents.

Any failure to fulfill these responsibilities is at the Offeror’s sole risk and no relief will be provided by the Department.

SECTION C:

SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE

The District of Columbia (“District”) Department of General Services (“Department” or “DGS”) is issuing this Request for Proposal (“RFP”) to solicit Contractors

(“Consultants”) approved by DOB to provide commissioning services as described in

Section C.

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 Industry Standard US Green Building Council (USGBC) for

LEED V5

https://www.usgbc.org/leed/v5

Most

Recent

2 Industry Standard US Green Building Council (USGBC) for

LEED V5 Building Design and Construction

Rating System https://www.usgbc.org/resources/leed-v5-rating-system-building-design-and-construction-tracked

Most

Recent

3 Guideline American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) https://www.ashrae.org/File%20Library/Technical%20R esources/Standards%20and%20Guidelines/Standards%2

0Addenda/G0_2005_a_b_c_d_FINAL.pdf

Most

Recent

4 Guideline ASHRAE Guideline 1.1-2007 HVAC&R

Technical Requirements for Commissioning

Process https://www.bcxa.org/ncbc/2007/proceedings/Dorgan_N

CBC2007.pdf

Most

Recent https://www.ashrae.org/File%20Library/Technical%20Resources/Standards%20and%20Guidelines/Standards%20Addenda/G0_2005_a_b_c_d_FINAL.pdf https://www.ashrae.org/File%20Library/Technical%20Resources/Standards%20and%20Guidelines/Standards%20Addenda/G0_2005_a_b_c_d_FINAL.pdf https://www.ashrae.org/File%20Library/Technical%20Resources/Standards%20and%20Guidelines/Standards%20Addenda/G0_2005_a_b_c_d_FINAL.pdf https://www.bcxa.org/ncbc/2007/proceedings/Dorgan_NCBC2007.pdf https://www.bcxa.org/ncbc/2007/proceedings/Dorgan_NCBC2007.pdf

Item

No.

Document Type Title Date

5 Guideline ASHRAE Guideline O-2005 the

Commissioning Process https://www.ashrae.org/File%20Library/Technical%20Re sources/Standards%20and%20Guidelines/Standards%20

Addenda/G0_2005_a_b_c_d_FINAL.pdf

Most

Recent

6 DC Construction

Codes https://dob.dc.gov/page/dc-construction-codes Most

Recent

7 Codes International Building Codes https://blog.ansi.org/2017/11/2018-international-building-code-icc-ibc/#gref

Most

Recent

8 Manual District of Columbia Third Party Program

Procedure Manual 2018 (Revised April 14, 2023) https://dob.dc.gov/sites/default/files/dc/sites/dob/Third-

Party_Program_Procedure_Manual%205.8.2023%20.pdf

Most

Recent

9 Manual Special Inspection Policy Manual https://dob.dc.gov/publication/dob-special-inspection-policy-manual

Most

Recent

C.3 DEFINITIONS

These terms when used in this RFP have the following meanings:

C.3.1 Agreement - The term “Agreement” shall mean this entire, integrated agreement between the Department and the PM with respect to the Project, consisting of this document and the Exhibits thereto, including but not limited to the Standard Contract

Provisions (General Provisions) Supplies and Services Contracts, dated January 2016, the and any Change Orders or Change Directives that have been executed by the Department.

C.3.2 Change Directive - A written direction signed and issued by the Department ordering the

Contractor either to provide pricing and schedule impact information for a described change to the Work or to proceed with a described change and provide pricing and schedule impact information after beginning the changed Work.

C.3.3 Change Order - A written document, executed by the Department and the Contractor, setting forth the agreed terms upon which a change to the Contract has been made.

C.3.4 Client Agency - The governmental or quasi-governmental entity represented by the

Department, requesting the Project.

C.3.5 Concept Design - A Concept Design is an early phase of the design process in which the broad outlines of function and form of the Project are articulated. This results from understanding the Client Agency’s needs and includes but is not limited to review of https://www.ashrae.org/File%20Library/Technical%20Resources/Standards%20and%20Guidelines/Standards%20Addenda/G0_2005_a_b_c_d_FINAL.pdf https://www.ashrae.org/File%20Library/Technical%20Resources/Standards%20and%20Guidelines/Standards%20Addenda/G0_2005_a_b_c_d_FINAL.pdf https://www.ashrae.org/File%20Library/Technical%20Resources/Standards%20and%20Guidelines/Standards%20Addenda/G0_2005_a_b_c_d_FINAL.pdf https://dob.dc.gov/page/dc-construction-codes https://blog.ansi.org/2017/11/2018-international-building-code-icc-ibc/#gref https://blog.ansi.org/2017/11/2018-international-building-code-icc-ibc/#gref https://dob.dc.gov/sites/default/files/dc/sites/dob/Third-Party_Program_Procedure_Manual%205.8.2023%20.pdf https://dob.dc.gov/sites/default/files/dc/sites/dob/Third-Party_Program_Procedure_Manual%205.8.2023%20.pdf feasibility studies and input from various stakeholders including the Client Agency, the

Department, and other community groups.

C.3.6 Construction Documents - The final Contract Documents, as prepared, sealed by the

Architect/Engineer's design professional in accordance with the law, and issued by the

General Contractor for the purpose of obtaining bids from potential trade

Subcontractors and material suppliers for use in constructing the Project.

C.3.7 Drawings - The Drawings are the graphic and pictorial portions of the A/E Contract

Documents, wherever located and wherever issued, showing the design, locations and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.

C.3.8 Final Completion - The point at which Substantial Completion of the Project has been achieved, all punch list items noted at Substantial Completion have been completed and all documents the General Contractor is required to deliver to the Department as a condition to receiving final payment.

C.3.9 Final Completion Date - The date established in an Agreement by which the General

Contractor shall achieve Final Completion. The Final Completion Date may be modified only by Change Order or Change Directive in accordance with the

Agreement.

C.3.10 Fully Complete - To undertake all of the Work necessary to fully construct and complete the Project and execute all tasks necessary to obtain the final Certificate of

Occupancy for the Project from the District of Columbia; submit final lien releases from the General Contractor and Subcontractors and material suppliers; complete all punch list items to the Department’s approval and sign-off; and cause all representations, warranties and guarantees to be honored and otherwise fulfill all of the requirements set forth in the

Contract.

C.3.11 Hazardous Material - Any toxic substance or hazardous chemical defined or regulated pursuant to federal, state or local laws relating to pollution, treatment, storage or disposal of waste, or protection of human health or the environment. Such laws include, without limitation, the Comprehensive Environmental Response, Compensation and

Liability Act, the Resource Conservation and Recovery Act, the Clean Water Act, the

Clean Air Act and laws relating to emission, spills, leaks, discharges, releases or threatened releases of toxic material. The term Hazardous Materials shall also include petroleum and petroleum bi-products. Hazardous Material Remediation shall mean the work performed to remove, treat and/or dispose of Hazardous Material.

C.3.12 Notice to Proceed - A written notice to proceed, signed by the Department, directing the

Contractor to proceed with the Project or any portion of the Project.

C.3.13 Prime Contractor - is the primary contractor on a project. This individual or firm is responsible for the entire project. It must complete the project on time and under budget.

C.3.14 Specifications - The Specifications are that portion of the Project’s Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services.

C.3.15 Subcontractor - Any person, natural or legal, to whom a Prime Contractor delegates performance of any portion of the required by the Project Contract. The term

“Subcontractor,” used without a qualifier, shall mean a subcontractor in direct privity with the A/E, PM or General Contractor. “Subcontractors at all tiers” shall mean not only those Subcontractors in direct privity with the PM or the General Contractor, but also those performing Work pursuant to sub-subcontracts, sub-sub-subcontracts, and so on.

“Subcontractors” shall include both those who are retained to perform labor only and those who are retained both to perform labor and to supply material or equipment.

“Subcontractors” shall also include design professionals who are not the A/E’s, PM or the General Contractor’s employees and to whom the General Contractor delegates any part of its responsibilities under the Contract, except that references to “trade

Subcontractors” shall exclude design professionals.

C.3.16 Substantial Completion - Substantial Completion shall have the meaning as described in the applicable Project agreement.

C.3.17 Substantial Completion Dates - The dates established in an Agreement by which the

General Contractor shall achieve Substantial Completion. The Substantial Completion

Dates may be modified only by Change Order or Change Directive in accordance with the Agreement.

C.3.18 Schematic Design - The basic goal of the Schematic Design phase is to establish the shape and size of the building with some basic plans of the spaces including owner requirements, programming, and zoning and building code issues. Schematic Design often produces rough drawings of a site plan, floor plans, elevations and often illustrative sketches or computer renderings.

C.3.19 Work - The term “Work” refers to any and all work done in performance of the services necessary to complete, at any and all phases of the Agreement, to Fully Complete the

Project.

C.3.20 Building Envelope can be defined as any building surface exposed to weather/ground elements and associated with roofing, waterproofing, and exterior walls.

C.3.21 Owner – Government of the District of Columbia or Department of General Services

C.4 REQUIREMENTS

The Consultant shall provide the services set forth herein, as well as any incidental services necessary for the full and adequate completion of the required services in strict accordance with all applicable local, state and federal laws rules, regulations, guidelines that follows.

C.4.1 Commissioning Services for LEED Certification

The Consultant shall ensure DGS projects achieve Gold or higher rating from the US

Green Building Council (USGBC). The commissioning of systems is an important part of the LEED process. This shall include all work required to verify that fundamental building elements and systems are designed, installed, and calibrated to operate as intended. The Consultant shall typically:

(a) Develop and submit a commissioning plan and assist with its utilization.

(b) Review design intent and basis of design documentation (prepared by others).

(c) Review design documents at each defined point in the design process and verify that revisions are incorporated as required.

(d) Develop building envelope and systems commissioning specifications and assist with incorporation of commissioning requirements into the construction documents.

(e) Review Contractor submittals (prepared by others) for completion, accuracy, and alignment with project commissioning goals.

(f) Develop building envelope and systems pre-functional checklists and functional performance testing for project equipment and systems.

(g) Verify startup, installation, functional performance, training and operation and maintenance documentation.

(h) Provide adequate commissioning progress and final results reports on previously approved forms

(i) Prepare a commissioning report and related systems documentation to be included in the Systems Manual.

(j) Provide follow-up services to ensure that the systems continue to operate as intended, with building staff and occupants, within 10 months after

Substantial Completion.

(k) Provide Commissioning (Deficiencies) Punch List; ensure that it is part of

Construction Punch list.

The Consultant shall meet USGBC's membership and registration criteria throughout the life of this contract.

The Consultant shall submit all required documentation to USGBC to obtain all registrations, certifications, and approvals. LEED certification project registration fees and other USGBC review fees will be reimbursed to the Consultant.

C.4.1.1 Commissioning Services

Depending on the specific nature of the project, commissioning services may be rendered at any phase of the project including the Design Phase, prior to the bidding phase and throughout the Construction Phase. The Consultant's

Commissioning plan should reflect this layout. The Consultants shall perform services which include but are not limited to the following, in order to verify and ensure that all building envelope, mechanical, electrical and other building systems are designed, documented, installed and operate as intended in accordance with

ASHRAE Guideline O-2005 The Commissioning Process, ASHRAE Guideline 1.1-

2007, HVAC&R Technical Requirements for Commissioning Process or newer current version. During the pre-proposal scope coordination meeting, the Consultant shall review the Project’s LEED Scorecard and determine the commissioning scope related to all planned LEED credits. DGS will review these services and customize them on a project-by-project basis. Note that DGS may elect to pursue one or all of the tasks below.

C.4.1.1.1 Design/Pre-Design Phase Services

The responsibilities of the Consultant may include, but are not limited to:

(a) Review and provide comments on the Owner Project Requirements (OPR’s) for LEED prerequisites, as well as, for any criteria that defines how the building will be used, special user needs, occupancy requirements, and type of building construction proposed, required system functions, and any other project specific requirements.

(b) Review and help define related building envelope, energy, air quality and environmental performance criteria.

(c) Review USGBC LEED Scorecard for project specific commissioning requirements.

(d) Start development of the Systems Manual.

(e) Assist Owner in responding to questions raised by developers and consultants.

(f) Assist Owner and Architect with the evaluation of the proposals submitted for compliance with the commissioning criteria and requirements.

(g) Provide periodic reviews of the building envelope, mechanical and electrical design at each defined point in the design process and verify that the design conforms to the original design intent. Provide special emphasis on the functionality and maintainability of all proposed systems. Verify that revisions are incorporated as required.

(h) Provide periodic reviews of the design intent and basis of design documentation at each defined point in the design process. Verify that revisions are incorporated as required.

(i) Commence development of the commissioning plan, incorporating specific requirements of the related systems as they are identified.

The commissioning Consultant shall completely define the scope of work, including systems included, roles and responsibilities of all participants, proposed scheduling, required documentation, acceptance procedures, training requirements and post acceptance involvement of the Consultant.

(j) Own and develop building envelope and systems commissioning specifications. Submit the commissioning specifications to the Architect of

Record in accordance with the projected schedule of construction document milestone issuances.

(k) Review construction documents and specifications for proper inclusion of the commissioning processes to be required during the construction, acceptance and post acceptance phases of the project. Sufficient detail shall be provided to allow the consultants to properly establish the scope of services required for the commissioning process.

(l) Provide final review of the construction documents for compliance with the current design intent document and prepare report for Owner’s review.

(m) Continued development of the Systems Manual.

(n) Comply with ASHRAE Guideline O-2005 the Commissioning Process or newer current version.

(o) Develop monitoring-based procedures and identify points to be measured and evaluated to assess performance of energy- and water-consuming systems.

Include the procedures and measurement points in the commissioning plan.

C.4.1.2 Construction Phase Services

(a) Identify Contractor submittals requiring commissioning review at the start of the construction phase. Review construction Contractor submittals for compliance with the design intent. Special emphasis will be placed on systems submittals such as building automation and fire alarms, to ensure that they include all information needed by the DGS operations staff.

(b) Identify members of the commissioning team and conduct periodic meetings to resolve conflicts, report progress of the commissioning process, identify urgent work and identify current deficiencies. The Consultant shall include representatives of the DGS operation and maintenance group in the process as early as possible.

(c) Finalize the Commissioning Plan with all team members and start implementation. This plan shall detail the schedule of inspections during construction, establish the schedule for verification and functional performance testing, and detail the process for reporting and correcting deficiencies, and establish procedures for operator training.

(d) Review project specific startup procedures and develop pre-functional checklists and functional performance tests for each item of equipment and for each overall system.

(e) Review proposed interface methodology and individual screen content for each control and monitoring system to establish desired information and standards for implementation early in the construction process. The focus of this effort will be to ensure sufficient information is provided to the operator in a consistent format to simplify this important interface.

(f) Conduct periodic site visits to:

a. Observe construction progress with special emphasis on the status of each system installation and schedule of start-up, testing and balancing activities.

b. Identify deficiencies of envelope systems to be commissioned and verify compliance with design intent.

c. Observe systems startup and testing and balancing activities.

(g) Identify building envelope and systems commissioning issues and manage a project commissioning deficiency list to be shared with the owner and construction team and managed by the commissioning agent.

(h) Provide a Commissioning (Deficiencies) Punch List to the Department and verify incorporation into construction punch list.

(i) Develop the operation and maintenance manual to ensure that all appropriate material is included.

(j) Continue reviews of design intent and basis of design documentation to verify that all material is kept up to date for inclusion in the final project manual.

(k) Develop the systems operation descriptions for subsequent use during training and as part of the O&M manual.

(l) Verify proper documentation and scheduling of all startup, testing, adjusting, and balancing, and calibration activities.

(m) Where appropriate, perform early functional performance verification of one unit on systems with many similar components to establish procedures to be used for all remaining units to maximize the efficiency of the construction process.

(n) Review construction phase documentation for compliance with the contract requirements.

(o) Comply with ASHRAE Guideline O-2005 the Commissioning Process or newer version.

C.4.1.3 Acceptance Phase Services

(a) Review the utility (Water, Electricity, Gas) submetering infrastructure included in the BAS controls design. Once complete the CX agent must test and commission the submeter system including its data trending, data storage and remote viewing functions

(b) Review testing, adjusting and balancing reports for completeness and accuracy. Perform spot re-check of selected test data.

(c) Verify the functional performance of all operating equipment and systems through review of test reports and observation of testing procedures. Perform spot re- check of selected equipment and systems. Where seasonal testing of systems is appropriate, testing shall be scheduled during the appropriate heating or cooling season.

(d) Verify that all required training activities occur and that the DGS operations and maintenance staff accept responsibility for each item of equipment and each system.

(e) Verify that all documentation is completed, including O&M manuals, as- built records, and the Systems Manual.

(f) Review energy consumption data with respect to project goals and establish a baseline for future performance evaluations.

(g) Complete the final commissioning report and prepare material for future Re-commissioning activities.

(h) Comply with ASHRAE Guideline O-2005 The Commissioning Process or newer version

C.4.1.4 Post Acceptance Phase Services

(a) Provide periodic site visits during the first year of operation to assist the DGS operations staff resolve open issues and help answer questions.

(b) Observe additional seasonal performance testing as required by specific systems.

(c) Review utility consumption data for one year of operation to verify that the actual building performance is consistent with expectations and meet any applicable USGBC LEED requirements.

(d) Attend end of warranty walk to review building operations and verify that all claim issues have been resolved (11th

Month Warranty Walk);

provide Warranty Manual.

(e) Update the Commissioning (Deficiencies) Punch List, commissioning plan, final commissioning report, and any other commissioning documentation as required.

(f) Develop and submit to USGBC and/or Project’s LEED consultant any

LEED documentation required of the commissioning agent.

(g) Comply with ASHRAE Guideline O-2005 the Commissioning

Process or newer version.

C.4.1.5 Inspection Services

(a) Architectural installations including:

1. Architectural (Roofing, Bldg. Envelope, Waterproofing)

2. Mechanical

3. Electrical etc. component locations

(b) Environmental and Physical testing for:

1. Dust Level

2. Noise Level

3. Crack and deformation monitoring, and

(c) Other Construction and Quality Assurance Inspection Services:

1. Inspections requested by DGS Representative

C.4.1.6 Deliverables

C.4.1.6.1 The Consultant shall provide the deliverables as described throughout Sections C.4.1. –

C.4.1.5, as applicable. Typical deliverables include but are not limited to the following:

a) Commissioning Plan

b) Commissioning Progress Reports

c) Design reviews, as applicable

d) Develop and finalize Operations & Maintenance O&M Manual

e) Develop and Finalize Systems Manual

f) Acceptance Phase reviews, as applicable

g) Inspection Phase reviews, as applicable

h) Post Acceptance Phase reviews, as applicable

C.4.1.6.2 The Consultant shall ensure that Deliverables are prepared and submitted in accordance with the following required due dates:

a) Design reviews and comments shall be submitted within 2 weeks of design deliverable receipt.

b) Commissioning Plan shall be submitted within 30 days of IFC design deliverable issuance.

c) Post-visit Reports shall be uploaded to Project Team within 48 hours of visit.

d) Submittal reviews and comments shall be uploaded to Project Team within 1 week of receipt.

e) Final Commissioning Report shall be submitted within 30 days of commissioning completion.

C.4.2 Support Services

The Consultant shall provide the following support services to ensure the delivery of successful third-party quality assurance services described in C.4.1.

C,4.2.1 Safety and Site Supervision

Consultant shall be solely responsible for site safety while engaged in onsite work.

Consultant shall, as necessary, install fencing, warning signs, barriers or other safety measures. If any work is in a road, sidewalk or any other area with pedestrian activity, Consultant must install or provide detours, flaggers or alternative pathways as necessary.

Consultant shall include any and all such safety elements in its lump sum costs. All workers employed or contracted by the Consultant must wear proper safety equipment at all times including, but not limited to hard-hats, reflective vests and appropriate footwear.

Consultant shall, unless otherwise agreed-to in writing by DGS, be responsible for on-site supervision. Any employees or contractors to the Consultant must have proper training and/or certification as required for the use of heavy equipment.

C.4.2.2 Staffing and Supervision

The Consultant shall provide the required qualified staff to perform the required services including key personnel and other staff as required to successfully perform the required services. The Consultant shall provide appropriate staff supervision and ensure staff maintain appropriate certifications, licenses, and registrations as required to perform the required services.

C.4.2.2.1 Key Personnel

The Consultant shall provide the following Key Personnel to complete the required services.

(a) Principal – Executive, Senior Management level staff person with whom the

Department will typically request and discuss service delivery with.

(b) Project Manager/Lead Engineer - Subject Matter Expert; Technical Person directly involved and responsible for the quality and accuracy of the Task order Deliverables;

licensed, certified or credentialed, if required.

(c) Inspector/Technician - Assigned filed person(s) responsible for inspections, data collections, back-office research and lab work; licensed, certified or credentialed, if required.

C.4.2.3 Project Management

The Consultant shall maintain an adequate project management plan to ensure the successful execution of the required services in a professional manner in accordance with the contract and applicable task order.

C.4.2.4 Quality Assurance

The Consultant shall maintain internal Quality Assurance procedures to ensure required

Deliverables are produced in a timely, professional, and accurate manner.

C.4.2.5 Meetings and Deliverables

The Consultant staff shall attend project meetings and other specially called meetings as determined by the DGS Representative or described in the applicable Task Order.

The Consultant shall also ensure the timely delivery of Deliverables as described in F.3 and the applicable Task Order.

C.4.3 Conformance with Laws

It shall be the responsibility of the Consultant to perform the required services in accordance with DC Code, federal law and any identified standards or guidelines. In addition, the Consultant shall provide services in conformance with the Department’s

Procurement Regulations (27 DCMR § 4700 et seq.) and all statutes, laws, codes, ordinances, regulations, rules, requirements and orders of governmental bodies, including, without limitation, the U.S. Government and the District of Columbia government; and it is the sole responsibility of the Contractor to determine the

Department’s procurement regulations, statutes, laws, codes, ordinances, regulations, rules, requirements and orders that apply and their effect on the Contractor’s obligations thereunder.

C.4.4 Licensing, Accreditation and Registration

The Contractor and all of its subcontractors shall comply with all applicable District of

Columbia, state and federal licensing, accreditation, and registration requirements and standards necessary for the performance of the contract.

SECTION D

PACKAGING AND MARKING

Not Applicable

SECTION E:

INSPECTION AND ACCEPTANCE

E.1 The inspection and acceptance requirements for this contract shall be governed by Article

6 of the Government of the District of Columbia Department of General Services

Standard Contract Provisions (General Provisions) Supplies and Services Contracts, dated January 2016. (Attachment J.1)

SECTION F:

PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT

The term of the contract awarded will be for a base year period of one (1) year from date of execution by the CO, as specified on the cover page of the contract.

F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT

F.2.1 The Department may extend the term of this Contract for a period of four (4) one-year option periods (each, an “Option Period”), or successive fractions thereof, by written notice to the Contractor before the expiration of the Contract; provided that the

Department 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 Department to an extension. The exercise of this option is subject to the availability of funds at the time of the exercise of the Option Period. 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 Department exercises an Option Period, the extended Contract shall be considered to include this option provision.

F.2.3 The price and cost for the Option Periods 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 (5) years.

F.3 DELIVERABLES

The Contractor shall perform the activities required to successfully complete the

Department’s requirements and submit the applicable deliverables in accordance with

Section C.4.1.6.

F.4 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.

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 PM shall create and submit payment requests in an electronic format through the DC

Vendor Portal, https://vendorportal.dc.gov. The PM shall submit proper invoices on a monthly basis. To constitute a proper invoice, the PM shall enter all required information into the Portal after selecting the applicable purchase order number which is listed on the

PM’s profile.

G.2.2 On the twenty-fifth day of each month the PM shall submit to the Department (with a copy to the Program Manager) an Application for Payment, which Application for

Payment shall cover the entire month during which the Application for Payment is submitted. All amounts formally submitted via Application for Payment and not disputed by the Department shall be due and payable on the last day of the month following submission or, if that is not a business day, on the following business day. If the PM and

Department are unable to agree on the amounts properly due and owing, the Department shall pay in accordance with its good faith determination and the PM may protest and pursue a claim as provided in this Agreement and the Standard Contract Provisions

(General Provisions) Supplies and Services Contracts, dated January 2016 (Attachment

J.1).

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 Department 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.

https://vendorportal.dc.gov/

G.4 PAYMENT

G.4.1 The Consultant shall be compensated in a series of progress payments and a Final

Payment, for Work completed in accordance with the Agreement, and for which proper

Applications for Payment have been submitted and approved.

G.4.2 Partial Payments

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

(a) The amount due on the deliveries warrants it; or

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

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

(c) Presentation of a properly executed pay application.

G.5 ASSIGNMENT OF CONTRACT PAYMENTS

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

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

G.5.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is required to prepare invoices. Where such an assignment has been made, the original copy of the invoice must refer to the assignment and must show that payment of the invoice is to be made directly to the assignee as follows:

“Pursuant to the instrument of assignment dated ___________, make payment of this invoice to (name and address of assignee).”

G.6 THE QUICK PAYMENT ACT

G.6.1 Interest Penalties to Contractors

G.6.1.1 The District will pay interest penalties on amounts due to the Contractor under the Quick

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

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

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

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

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

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

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

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

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

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

G.6.2 Payments to Subcontractors

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

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

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

G.6.2.2 The Contractor 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.6.2.2.1 3rd day after the required payment date for meat or a meat product;

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

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

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

G.6.2.4 A dispute between the Contractor and subcontractor relating to the amounts or entitlement of a subcontractor to a payment or a late payment interest penalty under the

Quick Payment Act does not constitute a dispute to which the District is a party. The

District may not be interpleaded in any judicial or administrative proceeding involving such a dispute.

G.6.3 Subcontract requirements. The Contractor shall include in each subcontract under this contract a provision requiring the subcontractor to include in its contract with any lower-tier subcontractor or supplier the payment and interest clauses required under paragraphs

(1) and (2) of D.C. Official Code § 2-221.02(d).

G.7 CONTRACTING OFFICER (CO)

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

James (Jim) H. Marshall

Senior Contract Specialist/ Contracting Officer

Department of General Services

3924 Minnesota Avenue, NE, 5th Floor james.marshall@dc.gov

G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

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

mailto:james.marshall@dc.gov

G.8.2 The Contractor shall not comply with any order, directive or request that changes or modifies the pricing, cost or 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 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE / (“COTR”)

G.9.1 The COTR is responsible for general administration of the contract and advising the CO as to the Contractor’s compliance or noncompliance with the contract. The COTR has the responsibility of ensuring the work conforms to the requirements of the contract and such other responsibilities and authorities as may be specified in the contract. These include:

G.9.1.1 Keeping the CO fully informed of any technical or contractual difficulties encountered during the performance period and advising the CO of any potential problem areas under the contract.

G.9.1.2 Coordinating site entry for Contractor personnel, if applicable;

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

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

G.9.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and services. This includes the timely processing of invoices and vouchers in accordance with the District’s payment provisions; and

G.9.1.5 Maintaining a file that includes all contract correspondence, modifications, records of inspections (site, data, equipment) and invoice or vouchers.

G.9.2 The address and telephone number of the COTR will be named in each task order.

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

(a) Award, agree to, or sign any contract, delivery order or task order. Only the

CO shall make contractual agreements, commitments or modifications;

(b) Grant deviations from or waive any of the terms and conditions of the contract;

(c) Increase the dollar limit of the contract or authorize work beyond the dollar limit of the contract,

(d) Authorize the expenditure of funds by the Contractor;

(e) Change the period of performance; or

(f) Authorize the use of District property, except as specified under the contract.

G.9.4 The PM 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 Task Order Awards

G.10.3.1 In accordance with 27 DCMR Section 4715.8 (a), Task Orders will be awarded on a rotating basis where work is assigned on a rotation basis (that is, the first task order is given to Contractor A, the second task order to Contractor B, and so on). It is the

Department’s expectation and goal that by utilizing a rotating procedure, the Department will receive accurate and competitive pricing thereby eliminating the need for change orders except in the event of changes or additions to the project’s scope of work

G.10.3.2 The Department will follow the procedures below for the awarding of Task Orders:

a) The Department will develop an alphabetized listing of contractors awarded contracts resulting from this solicitation.

b) As projects are identified and funded, the Department’s Capital Construction

Services Division (CSSD) will send the requirement to the Department’s

Contracts and Procurement Division (C&P).

c) C&P will select the Contractor “next up” from the alphabetized listing of

Contractors. C&P will forward the following documents to the Contractor:

1. Draft Task Order including project specific attachments including the scope of work and identification of the commissioning services required, applicable project drawings, if available, project schedule, and any other relevant documents

2. Request for Pricing

3. Task Order Acceptance/Non-Acceptance Determination – The

Department recognizes that Contractors may have a certain scope of work or type of commissioning services that aligns more favorably with their expertise or capabilities. Contractors will therefore be given two (2) business days to return the Task Order

Acceptance/Non-Acceptance Determination to the C&P team indicating acceptance or non-acceptance.

i. If the Contractor Accepts the Task Order Award, they will have five (5)…