DCAM-26-NC-IFB-0006_Organics_Collection_Disposal_Svcs.pdf

DCAM-26-NC-IFB-0006 | Organics Collection and Disposal Services

SECTION B

CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST

B.1 The District of Columbia Government (the “District”), acting by and through its

Department of General Services (the “Department” or “DGS”), Division of Contracts and Procurement seeks to engage a single qualified and licensed firm to provide organic material collections and disposal services (the “Services”) in support of the goals for the Sustainable Solid Waste Management Amendment Act of 2014 and Zero Waste Omnibus Amendment Act of 2020. All Services shall be conducted in accordance with the Scope of Work Section [C] of this Invitation for Bid (“IFB”), the Department’s Standard Contract Provisions (“SCP”) for Supplies and Service Contracts, January 2016 Exhibit E.1, and other associated Contract Exhibits and Solicitation Attachment listed in Section [J] of this IFB and the proposed Contract.

B.1.1 The awarded Contractor shall provide all supervision, labor, materials, supplies, equipment, containers, dedicated vehicles, vehicle maintenance, fuel, license fees and permits, management, recordkeeping, reporting, and all else necessary to successfully ensure the effective performance of Services as contemplated hereunder. The proposed Contract will have a base period up to one-year, beginning date of award through one-year thereafter (“Base Period”), and shall include up to four (4) one (1) year option periods. The total length of the proposed Contract will not exceed five (5) years in accordance with Section [F.2.5].

B.2 TYPE OF CONTRACT

Pursuant to the District of Columbia Procurement Practices Reform Act (“PPRA”) 2010, Section 402 – Competitive Sealed Bids, and in accordance with Title 27 DCMR, Chapter 24, 2416 – Term Contracts, the Department awards an Indefinite Delivery, Indefinite Quantity (“ID/IQ”) Contract with Services compensated based on firm-fixed unit rates in accordance with Title 27 DCMR Chapter 24, 2402 and pursuant to the Contractor’s Bid Form.

B.2.1 Indefinite Delivery- Indefinite Quantity (ID/IQ) Contract

This is an IDIQ contract for the supplies or services specified, and effective for the period stated.

B.2.1.1 Delivery or performance of all services and or supplies to be provided under the awarded

IDIQ contract shall be made only as authorized by orders (“Task Orders”) issued in accordance with the Ordering Clause, Section [G.11]. The Contractor shall furnish to the Department, when and if ordered, the services and or supplies specified in the Task Order up to and including the maximum, non-guaranteed aggregate value of $950,000.00. The Department will order at least the minimum value of $50.00 annually.

B.2.1.2 The District may issue Task Orders for services or supplies for multiple requirements at multiple locations simultaneously. If the Department urgently requires delivery before the earliest date specified under this Contract, and if the Contractor shall not accept an order providing for the accelerated performance, the District may acquire the urgently required services from another source.

B.2.1.3 There is no limit on the number of Task Orders that may be issued.

B.2.1.4 Any Task Order issued during the effective period of this Contract and not completed within that period shall be completed by the Contractor within the time specified in the Task Order. The Contract shall govern the Contractor's and District's rights and obligations with respect to that 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 beyond twelve months following the term of the final option period end date unless prior to the expiration of a contract, the Chief Procurement Officer determines in writing that it is in the best interest of the District to extend the term beyond the total term specified and provides justification for using a sole source modification in accordance with “Chapter 17 of Title 27 of the DCMR, per 27 DCMR 2005 (Use of Options)” in accordance with Section [F.2.5] of this Contract.

B.2.1.5 The aggregate, non-guaranteed maximum ordering ceiling contemplated herein is not a representation to the Contractor that the Department will actually require services up-to the maximum ordering limit, or that conditions affecting the requirements contemplated under the proposed Contract, will be stable or normal.

B.2.1.5.1 Further, the estimated quantities identified in Section [B.4.1.1] are provided solely for evaluation purposes and do not represent a commitment by the District to order any minimum or specific quantity of services. Actual quantities, if there are any, will be defined at the Task Order level.

B.2.1.5.1.1 For any Task Order, the extended price for routine services shall be calculated as:

(number of containers) × (number of scheduled service days per week) × (contemplated number of weeks) x (firm‑fixed rate per pick‑up), regardless of whether the Department increases or decreases the number of service days.

B.2.1.6 Task Order SBE Subcontracting Plan The SBE Subcontracting Plan may apply to all projects, and its requirements will be determined on a per Task Order basis.

B.3 AGGREGATE GROUP OR INDIVIDUAL ITEM – RESERVED [Intentionally Omitted]

B.4 PRICE / COST SCHEDULE

The firm-fixed unit rates for all Services as outlined in Section [C] Specifications/Work Statement and in accordance with Section [B.4.1], CLINs [0001 – 4014], will serve as the Contractor’s exclusive basis for compensation. These rates must comprehensively account for all costs associated with providing the required services, including, but not limited to:

i. Direct Costs: Labor, supervision, materials, supplies, and fuel.

ii. Equipment and Tools: Work vehicles, tools and specialized equipment.

iii. Logistical Costs: Transportation to and from work sites and per diem expenses.

iv. Subcontractor Costs: Compensation for subcontracted personnel.

v. Indirect Costs: Office overhead, general and administrative (“G&A”) expenses, program and performance management.

vi. Insurance and Compliance: All licenses, insurance coverage, and provisions required under Section [I.14].

vii. Profit: A reasonable profit margin reflecting the pricing structure.

A. The Contractor shall ensure that these fixed unit rates are inclusive of all costs reasonably inferred to deliver the services safely and effectively, adhering to the deliverables and performance standards described herein. No additional charges outside these rates will be considered, unless explicitly authorized in writing, through the execution of a contract modification determined fair and reasonable by the Contracting Officer (“CO”).

i. For the avoidance of doubt and to provide clarification, the Contractor’s price shall be fully loaded, accounting for all costs associated with providing the contemplated fixed unit and flat rate services including union fee increases, holiday and overtime paid to the Contractor’s employees. The Contractor will not be permitted to bill, nor will the District accept additional cost in the form of holiday, overtime, and or changes to hourly rates due to any of the aforementioned.

ii. Furthermore, all proposed rates for the Base Period and each option year must account for any year-over-year changes in wages due to market variables, including those determined by the U.S. Department of Labor Service Contract Act Wage Determination and or the D.C. Living Wage increases.

iii. The McNamara-O’Hara Service Contract Act requires contractors and subcontractors performing services on prime contracts in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in the locality, or the rates (including prospective increases) contained in a predecessor contractor's collective bargaining agreement. The Department of Labor issues wage determinations on a contract-by-contract basis in response to specific requests from contracting agencies. These determinations are incorporated into the contract.

iv. The Contractor acknowledges and agrees to remain in compliance with the most current wage requirements during the Base Period and all subsequent option year periods. This commitment ensures the District receives the safe and proper provision of the required services, aligning with the deliverables described herein.

v. For the avoidance of doubt and notwithstanding any contrary provisions, the

Contractor is hereby notified that all service providers deployed under this Government-funded Contract must be bona fide employees of the prime contractor and/or any subcontractor providing services, without exception. The Contractor acknowledges and agrees to comply with the Department of Labor Service Contract Act Wage Determination regulatory requirements. Failure to comply with these regulations may result in penalties and/or contract termination.

vi. McNamara-O'Hara Service Contract Act (SCA) | U.S. Department of Labor

(dol.gov) (https://www.dol.gov/agencies/whd/government-contracts/service-contracts): This article contains information regarding the SCA and how it is administered. Detailed explanations of the regulatory guidance are found at 29 CFR Part 4. For the avoidance of doubt, and notwithstanding any provision to the contrary, the Contractor is hereby formally notified that all employees performing work under this contract are entitled to the minimum labor standards mandated by the McNamara-O’Hara Service Contract Act (41 U.S.C. §§ 6701–6707), including but not limited to paid time off, sick leave, and holiday pay, as applicable under the relevant wage determination and Department of Labor regulations. While the Department of Labor acknowledges that certain professional services labor rates may not be subject to the wage requirements of the Service Contract Act, this alone does not preclude the Contractor’s employees from receiving entitlements related to paid time off, sick leave, and holiday pay when otherwise required under applicable law or contract terms. Therefore, the Contractor shall ensure full compliance with these requirements and shall not deny or withhold such benefits from covered service employees.

B. The Contractor’s price shall be as low as or lower than those charged to the Contractor’s most favored customer for comparable services under similar terms and conditions, in addition to any discounts for prompt payment.

https://www.dol.gov/agencies/whd/government-contracts/service-contracts https://www.dol.gov/agencies/whd/government-contracts/service-contracts

B.4.1 Price Schedule/Bid Form

[BIDDERS ARE REQUIRED TO SUBMIT THEIR BID SUBMISSIONS EXCLUSIVELY WITHIN

THE OPENGOV PRICING TABLES. THE PRICING SCHEDULES ARE NOT INCLUDED

WITHIN THIS IFB]

B.4.1.1 Base Period

B.4.1.1.1 Routine Services

CLIN DESCRIPTION – CONTAINER SIZE

EST. QTY OF

CONTAINERS

EST. DAYS

PER

WEEK

FIRM-FIXED

RATE PER

PICK-UP

ESTIMATED

EXTENDED

PRICE

0001 32-GAL cart 1 3 0002 64-GAL cart 1 3 0003 96-GAL cart 1 3 0004 7-GAL bucket with lid 1 3

B.4.1.1.2 Supplemental Services – Flat Rate

CLIN DESCRIPTION UNIT

ESTIMATED

QTY

FIRM- FIXED

FLAT RATE

ESTIMATED

EXTENDED

PRICE

0005 Container Relocation (DC Locations) FLAT RATE 1 0006 Container Replacement Fee 32-GAL cart FLAT RATE 1 0007 Container Replacement 64-GAL cart FLAT RATE 1 0008 Container Replacement 96-GAL cart FLAT RATE 1

Container Replacement 7-GAL bucket with lid

FLAT RATE 1

Special Events Services 64-GAL cart (per cart)

FLAT RATE 1

0011 Miscellaneous Hight Volume Material FLAT RATE 1

Cart Power washing (per site regardless quantity of carts)

FLAT RATE 1

B.4.1.1.3 Supplemental Services – Container Size

CLIN DESCRIPTION

EST. QTY OF

CONTAINERS

EST. DAYS

PER

WEEK

FIRM-FIXED

UNIT RATE

ESTIMATED

EXTENDED

PRICE

0013 30 CU YD roll off dumpster 1 1 0014 15 CY YD roll-off dumpster 1 1

B.4.1.2 Option Year One (OY1)

B.4.1.2.1 Routine Services

CLIN DESCRIPTION – CONTAINER SIZE

EST. QTY OF

CONTAINERS

EST. DAYS

PER

WEEK

FIRM-FIXED

RATE PER

PICK-UP

ESTIMATED

EXTENDED

PRICE

1001 32-GAL cart 1 3 1002 64-GAL cart 1 3 1003 96-GAL cart 1 3

1004 7-GAL bucket with lid 1 3

B.4.1.2.2 Supplemental Services – Flat Rate

ESTIMATED

QTY

FIRM- FIXED

FLAT RATE

ESTIMATED

EXTENDED

PRICE

1005 Container Relocation (DC Locations) FLAT RATE 1 1006 Container Replacement Fee 32-GAL cart FLAT RATE 1 1007 Container Replacement 64-GAL cart FLAT RATE 1 1008 Container Replacement 96-GAL cart FLAT RATE 1

Container Replacement 7-GAL bucket with lid

FLAT RATE 1

Special Events Services 64-GAL cart (per cart)

FLAT RATE 1

1011 Miscellaneous Hight Volume Material FLAT RATE 1

Cart Power washing (per site regardless

B.4.1.2.3 Supplemental Services – Container Size

EST. QTY OF

CONTAINERS

EST. DAYS

PER

WEEK

FIRM-FIXED

UNIT RATE

ESTIMATED

EXTENDED

PRICE

1013 30 CU YD roll off dumpster 1 1 1014 15 CY YD roll-off dumpster 1 1

B.4.1.3 Option Year Two (OY2)

B.4.1.3.1 Routine Services

CLIN DESCRIPTION – CONTAINER SIZE

EST. QTY OF

CONTAINERS

EST. DAYS

PER

WEEK

FIRM-FIXED

RATE PER

PICK-UP

ESTIMATED

EXTENDED

PRICE

2001 32-GAL cart 1 3 2002 64-GAL cart 1 3 2003 96-GAL cart 1 3 2004 7-GAL bucket with lid 1 3

B.4.1.3.2 Supplemental Services – Flat Rate

ESTIMATED

QTY

FIRM- FIXED

FLAT RATE

ESTIMATED

EXTENDED

PRICE

2005 Container Relocation (DC Locations) FLAT RATE 1 2006 Container Replacement Fee 32-GAL cart FLAT RATE 1 2007 Container Replacement 64-GAL cart FLAT RATE 1 2008 Container Replacement 96-GAL cart FLAT RATE 1

Container Replacement 7-GAL bucket with lid

FLAT RATE 1

Special Events Services 64-GAL cart (per cart)

2011 Miscellaneous Hight Volume Material FLAT RATE 1

Cart Power washing (per site regardless

B.4.1.3.3 Supplemental Services – Container Size

EST. QTY OF

CONTAINERS

EST. DAYS

PER

WEEK

FIRM-FIXED

UNIT RATE

ESTIMATED

EXTENDED

PRICE

2013 30 CU YD roll off dumpster 1 1 2014 15 CY YD roll-off dumpster 1 1

B.4.1.4 Option Year Three (OY3)

B.4.1.4.1 Routine Services

CLIN DESCRIPTION – CONTAINER SIZE

EST. QTY OF

CONTAINERS

EST. DAYS

PER

WEEK

FIRM-FIXED

RATE PER

PICK-UP

ESTIMATED

EXTENDED

PRICE

3001 32-GAL cart 1 3 3002 64-GAL cart 1 3 3003 96-GAL cart 1 3 3004 7-GAL bucket with lid 1 3

B.4.1.4.2 Supplemental Services – Flat Rate

ESTIMATED

QTY

FIRM- FIXED

FLAT RATE

ESTIMATED

EXTENDED

PRICE

3005 Container Relocation (DC Locations) FLAT RATE 1 3006 Container Replacement Fee 32-GAL cart FLAT RATE 1 3007 Container Replacement 64-GAL cart FLAT RATE 1 3008 Container Replacement 96-GAL cart FLAT RATE 1

Container Replacement 7-GAL bucket with lid

FLAT RATE 1

Special Events Services 64-GAL cart (per cart)

FLAT RATE 1

3011 Miscellaneous Hight Volume Material FLAT RATE 1

Cart Power washing (per site regardless

B.4.1.4.3 Supplemental Services – Container Size

EST. QTY OF

CONTAINERS

EST. DAYS

PER

WEEK

FIRM-FIXED

UNIT RATE

ESTIMATED

EXTENDED

PRICE

3013 30 CU YD roll off dumpster 1 1 3014 15 CY YD roll-off dumpster 1 1

B.4.1.5 Option Year Four (OY4)

B.4.1.5 .1 Routine Services

CLIN DESCRIPTION – CONTAINER SIZE

EST. QTY OF

CONTAINERS

EST. DAYS

PER

WEEK

FIRM-FIXED

RATE PER

PICK-UP

ESTIMATED

EXTENDED

PRICE

4001 32-GAL cart 1 3 4002 64-GAL cart 1 3 4003 96-GAL cart 1 3 4004 7-GAL bucket with lid 1 3

B.4.1.5.2 Supplemental Services – Flat Rate

ESTIMATED

QTY

FIRM- FIXED

FLAT RATE

ESTIMATED

EXTENDED

PRICE

4005 Container Relocation (DC Locations) FLAT RATE 1 4006 Container Replacement Fee 32-GAL cart FLAT RATE 1 4007 Container Replacement 64-GAL cart FLAT RATE 1 4008 Container Replacement 96-GAL cart FLAT RATE 1

Container Replacement 7-GAL bucket with lid

FLAT RATE 1

Special Events Services 64-GAL cart (per cart)

FLAT RATE 1

4011 Miscellaneous Hight Volume Material FLAT RATE 1

Cart Power washing (per site regardless

B.4.1.5.3 Supplemental Services – Container Size

EST. QTY OF

CONTAINERS

EST. DAYS

PER

WEEK

FIRM-FIXED

UNIT RATE

ESTIMATED

EXTENDED

PRICE

4013 30 CU YD roll off dumpster 1 1 4014 15 CY YD roll-off dumpster 1 1

B.4.2 Minimum Order. The District guarantees the minimum order for each awardee in the amount of Fifty dollars ($50.00) for the base period and each of the option periods. The District is not obligated to order any supplies or services beyond the stated minimum.

B.4.2.1 Maximum Order. For any Task Order, the maximum order limitation shall be no greater than the maximum, non-guaranteed contract ceiling amount.

B.4.2.2 Maximum Contract Ceiling. The maximum, non-guaranteed contract ceiling for each

Contract period is outlined below:

APPLICABLE CONTRACT

PERIOD

MINIMUM ORDERING

VALUE

AGGREGATE, NON-GUARANTEED

MAXIMUM ORDERING CEILING

BASE PERIOD $50.00 $950,000

OPTION YEAR ONE (1) $50.00 $950,000

OPTION YEAR TWO (2) $50.00 $950,000

OPTION YEAR THREE (3) $50.00 $950,000

OPTION YEAR FOUR (4) $50.00 $950,000

B.5 SIGNIFICANT CHANGES IN THE CHARACTER OF WORK

B.5.1 The District through its authorized Contracting Officers, reserves the right to make changes in quantities and any other alterations in the work in accordance with Article 15 of the Standard Contract Provisions (“SCP”) for Supplies and Services as further detailed in Exhibit E.1 of this IFB.

B.5.2 If the alterations or changes in quantities significantly change per Section [B.5.1] the character of the Work under the Contract, whether or not changed by any such different quantities or alterations, an adjustment, excluding loss of anticipated profits, will be made to the Contract. The basis for the adjustment shall be agreed upon prior to the performance of the Work. If a basis cannot be agreed upon, then an adjustment will be made, whether for or against the Contractor in such amount as the Contracting Officer may determine to be fair and equitable, with no delay to the performance of the work by the Contractor.

B.5.2.1 If the alteration or changes in quantities significantly change the character of the Work to be performed under the Contract, the altered Work will be paid for via a Change Order/Modification to the Contract.

B.5.2.2 The term “significantly change” shall only apply to the following circumstances:

B.5.2.2.1 When the character of the Work as altered differs materially in kind or nature from that involved or included in the Contract; or

B.5.2.2.2 When an item of Work is increased or decreased by more than twenty-five percent (25%) of the original Contract quantity or results in a change of Contract price by $50,000, whichever is less. Any adjustment for an increase or decrease in price shall apply only to that portion in excess of one hundred and twenty-five percent (125%) of the original Contract item quantity, or in case of a decrease below seventy-five percent (75%), to the actual amount of Work performed. To avoid confusion, no adjustment in price shall be made if the Contract quantities increase/decrease by twenty-five percent (25%) of the original Contract quantities or less. This does not apply when an item of the Work is deleted in its entirety.

B.6 ACKNOWLEDGEMENT OF REVIEW OF CONTRACT DOCUMENTS

Before submitting its bid in response to this IFB, the Bidder acknowledges that it reviewed all specifications for accuracy and completeness and is required to bring all such inconsistencies, deficiencies and or questions to the attention of the Department so that the Department can address any inconsistencies, deficiencies and or questions by addenda to this solicitation. The Contractor acknowledges that any inconsistencies and or questions it identifies shall not be the basis for a change to the Contract’s terms and conditions.

B.6.1 Execution of the Contract by the Contractor is a representation that the Contractor has thoroughly examined all contract documents, including all details, estimated staff scheduling plans, and has satisfied itself before executing the Contract as to all matters that can affect the work and its cost, including: (1) the prevailing wage; (2) financial capacity;

(3) availability of personnel to appropriately staff services; (4) familiarized itself with the risks and mitigation costs associated with providing the required services; and (5) in general, to have itself obtained all necessary information as to risk contingencies, and other circumstances which may influence or affect performance of the work. The Contractor waives all claims against the Department arising from or relating to such contingencies and conditions that are reasonably inferable from the contract documents.

B.7 DESIGNATION OF SOLICITATION FOR THE CERTIFIED SMALL BUSINESS

ENTERPRISE SET-ASIDE MARKET ONLY

This IFB is designated only for certified small business enterprise (“SBEs”) bidders under the provisions of the “Small and Certified Business Enterprise Development and Assistance Act of 2014”, D.C. Official Code § 2-218.01 et seq., as amended.

B.7.1 Bidders must be certified by the Department of Small and Local Business Development (“DSLBD”) as an SBE at the time of the Bid Submission Deadline in order to be eligible to participate in this solicitation. Bidders that are found to be non-SBE’s at the time of the bid submission due date will be deemed non-responsive and their submission will not be considered.

B.7.2 Joint Venture Exclusion. Pursuant to DC Code §§2-218.02 (1D) – (1E) and 2-218.39a, a joint venture is not a CBE; therefore, certified joint ventures are excluded from responding to this IFB. Bidders looking for specific information should contact the DSLBD directly at (202) 727-3900.

B.8 SUBCONTRACTING REQUIREMENTS

A Bidder responding to this solicitation acknowledges and understands, if awarded, all Task Orders issued under the proposed IDIQ Contract with a value exceeding $250,000, the Contractor shall be required to submit any subcontracting plan mandated by law, as stipulated in Section [H.9].

B.8.1 In accordance with D.C. Official Code § 2-218.12, § 2-218.51, § 47-4652, and § 47-4656, a prime beneficiary shall submit to the agency Contracting Officer and COTR/Project Manager copies of the executed contracts with the subcontractors identified in the subcontracting plan. Failure to submit copies of the executed contracts shall be sufficient to render the underlying contract voidable by the District. Specifications regarding the deliverables are included in Sections [F.3] (106) and [H.9.3].

B.8.2 Section [H.9.1.3] exempts an SBE/CBE prime from the overall subcontracting requirement. However, should the SBE/CBE prime choose to subcontract, a subcontracting plan is required. For Task Orders in excess of $250,000, the SBE/CBE prime will be required to self-perform 50% and then, if it subcontracts any of the remaining portions, 35% of that portion will need to be SBE (if no SBE, then CBE) subcontractors in accordance with Section [H.9], as applicable. The Department will not accept nor pay any mark-up to subcontractor costs for providing services.

B.9 DEPARTMENT-DESIGNATED POINT OF CONTACT

B.9.1 The Department’s sole point of contact for matters related to this IFB (“Department’s

POC”) is the only individual authorized to discuss this IFB with any interested parties, including Bidders. All communications with the Department’s POC about the Project or this IFB shall be sent in writing to:

Name: Karen J. Araujo Title: Contract Specialist, Contracts and Procurement Division 3924 Minnesota Avenue NE, 5th Floor, Washington, DC 20019 Email: karen.araujo@dc.gov

B.9.2 The Department disclaims the accuracy of information derived from any source other than the Department’s POC. The use of any such information is at the sole risk of the Bidder.

All communications and requests for information shall be submitted by the Bidder’s point of contact identified in the bid submission. Written communications to the Department from Bidders shall specifically reference the correspondence as being associated with

ORGANICS COLLECTION AND DISPOSAL SERVICES, IFB NO. DCAM-26-NC-

IFB-0006 and shall be submitted via the Departments’ OpenGov Procurement system, https://procurement/open.gov.com/portal/dc.

mailto:karen.araujo@dc.gov https://procurement/open.gov.com/portal/dc

SECTION C

SPECIFICATIONS / WORK STATEMENT

C.1 SCOPE OF WORK

The Department is seeking one (1) qualified and licensed firm (a “Contractor”) to provide all labor, materials, equipment, appropriately-sized containers, dedicated vehicles, vehicle maintenance, fuel, license fees and permits, management, recordkeeping, reporting, and other services necessary to successfully to provide Organics Collection and Disposal Services (the “Services”) at various District facilities across the DGS portfolio, which may include D.C. Public Schools (“DCPS”), Department of Parks and Recreation (“DPR”), Fire and Emergency Medical Services (“FEMS”), etc. in support of the Department’s sustainable waste management efforts for a base period and up to four (4) additional one

(1) year option periods.

C.2 APPLICABLE DOCUMENTS

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

Item

Document

Type Title Version/

Date

1 DC Law Sustainable Solid Waste Management

Amendment Act of 2014 (DC Official Code §§ 8–1031.03 and 8–1031.04)

Most Recent / As Amended

2 DC Law Zero Waste Omnibus Amendment Act of 2020 (D.C. Law 23‑211)

Most Recent / As Amended

3 Municipal Regulation

District of Columbia Municipal Regulations (DCMR) Title 21, Chapter 7 – Solid Waste

Control (including §§ 21‑705, 21‑2021, 21‑2022)

Most Recent / As Amended

4 U.S. Law Occupational Safety and Health Administration

(OSHA) Regulations – 29 CFR Parts 1900– 1990, 1910, and 1926

Most Recent / As Amended

5 U.S. Law Resource Conservation and Recovery Act

(RCRA) – 42 U.S.C. §§ 6901–6976

Most Recent / As Amended

6 U.S.

Regulation

EPA Regulations – 40 CFR Parts 260, 261, 264, 265, 268, 270, and 273

Most Recent / As Amended

7 Executive Order

Executive Order 13101 – Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition

Most Recent / As Amended

OCP

Directive OCP Directive 1303.00 – Environmentally

Preferable Purchasing Most Recent / As Amended

9 Federal Guidance

Centers for Disease Control and Prevention (CDC) Protocols

Most Recent / As Amended

10 Industry Standards

ASTM E1971‑05(2011) – Standard Guide for Stewardship for the Cleaning of Commercial and Institutional Buildings

Most Recent / As Amended

DC Legal

Requirement District Organic Material Guidelines Most Recent / As Amended

12 Industry Standards

ANSI Z245.1-2017

Mobile Wastes and Recyclable Materials

Collection, Transportation, and Compaction Equipment

Most Recent / As Amended

C.3 DEFINITIONS & ACRONYMS

C.3.1 Definitions: These terms, when used in this solicitation, have the following meanings:

C.3.1.1 Acceptance – means an authorized representative of the District has inspected and agreed that the work meets all requirements of this Contract, to include documentation requirements.

C.3.1.2 Approval – means the District has reviewed submittals, deliverables, or administrative documents (e.g., insurance certificates, installation schedules, and planned utility interruptions) and has determined the documents conform to Contract or Contract

C.3.1.3 Compostable – means made solely of materials that break down into, or otherwise become part of, usable compost in a safe and timely manner in an appropriate program.

C.3.1.3.1 For food service entities and institutions, the following disposable food service ware is considered compostable:

a. Items made entirely of untreated, uncoated paper or plant fiber.

b. Wax coated paper for deli sheets, sandwich wraps, basket liners, straws, and other similar items.

c. Items certified compostable by the Biodegradable Products Institute to meet one of the following standards:

1. ASTM D6400: Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composed in Municipal or Industrial Facilities.

2. ASTM D6868: Standard Specification for Labeling of Plastics Designed to be Aerobically Composed in Municipal or Industrial Facilities.

C.3.1.4 Contamination/Contaminated Organic material – The total truck load contains more than 5% of non-organic or non-compostable material, as defined by the PG County Composting Facility List of Acceptable Items.

C.3.1.5 Contract or Contracts – is any Contract or Contracts awarded to a Contractor hereunder.

C.3.1.6 Contracting Officer (“CO”) – Business communications liaison between the DGS and a

Contractor. The CO ensures that the expectations of the agency are met. The CO is an employee responsible for recommending, authorizing, or denying actions and expenditures for both standard delivery orders and task orders, and actions that fall outside of the standard business practices of its supporting Contractors and Sub-Contractors.

C.3.1.7 Contractor – The individual, partnership, firm, company, corporation, or a combination thereof, including joint ventures, contracting with the DGS to the contract work. The Contractor is one party to the agreement.

C.3.1.8 Contracting Officer’s Technical Representative (“COTR”) – monitors all work under this Contract.

C.3.1.9 Daily – Services to be performed, at a minimum, of one (1) time per day.

C.3.1.10 Deficiency – means any part of a proposal from a Contractor or any work performed by a

Contractor that fails to satisfy the District requirements.

C.3.1.11 Direct Cost – means any costs incurred in the actual performance and execution of services

(excluding profits and mark-ups).

C.3.1.12 Disposal Costs – means disposal or tipping fees specifically for roll-off services at approved composting or processing facilities. Disposal costs are not part of the routine, or standard services under this contract. The Contractor shall only incur disposal costs when authorized in writing by the COTR for roll-off services as supplemental services. The District will reimburse these costs directly to the Contractor based on disposal facility’s actual/original scale tickets submitted with invoices. No markup shall be applied.

C.3.1.13 Disposable food service ware – Containers, bowls, plates, trays, cartons, cups, lids, straws, forks, spoons, knives, napkins, and other items that are designed for one-time use for beverages, prepared food, or leftovers from meals prepared by a food service entity.

Disposable food service ware shall not include items composed entirely of aluminum.

C.3.1.14 Disincentive Fee – a form of monetary adjustment set by the Department to discourage services performance failures under this Contract.

C.3.1.15 D.C. Vendor Portal – Department of General Services (DGS) Pay Portal located on the

DGS Website: https://vendorportal.dc.gov/.

C.3.1.16 Emergency Service – means a service request requiring a response within two hours and completing emergency work within specified time or within 24 hours unless otherwise instructed.

C.3.1.17 Hazardous Materials – Any waste, substances, radiation or materials (whether solids, liquids or gases) that are hazardous, toxic, infectious, explosive, radioactive, carcinogenic or mutagenic that pose a hazard to human health, safety, natural resources, industrial hygiene, the environment or an impediment to working conditions.

C.3.1.18 Holidays – Holidays observed by the District of Columbia Government.

C.3.1.19 Inspections – A systematic practice of monitoring, at regularly scheduled interval, inspections of the infrastructure conditions, unit placement, usage, signage/markings in support of DCMR mandates, etc.

C.3.1.20 Key Personnel – Contractor’s personnel who has been identified and approved to perform the work will provide the required services under the supervision of the Contractor and the

COTR.

C.3.1.21 Missed Service – A failure to provide hauling service on the scheduled service day.

C.3.1.22 Modification – A bilateral or unilateral change in the terms of a contract.

C.3.1.23 Monetary Adjustment – the reduction of a monthly invoice resulting from the

Contractors’ failure to meet the security performance standards by which they subsequently incur a Disincentive Free based on the specific negligible performance failure.

C.3.1.24 Monthly – Services to be performed one (1) time per month.

C.3.1.25 Normal Working Hours – For the purpose of this Contract, Services shall be provided between the hours of 7:00 a.m. and 9:00 p.m. in accordance with the District Noise Regulations.

https://vendorportal.dc.gov/

C.3.1.26 Organic Materials – Materials designated as acceptable for composting by the District of Columbia. For purposes of this Contract, please refer to the PG County Composting Facility List of Acceptable Items Exhibit E.5.

C.3.1.27 Response Time – The time allowed by the District, after initial notification to the

Contractor, to be physically on the premises, with appropriate tools, equipment and/or materials, ready to perform the work required by the CO and/or COTR.

C.3.1.28 Routine Services – Routine services are performed during Normal Working Hours, which are not considered urgent or emergency service calls.

C.3.1.29 Sanitation – A measure that promotes cleanliness and pest-free surroundings.

C.3.1.30 Scale Ticket – means a paper or electronic copy documenting disposal transaction. For the purposes of this Contract, the Contractor shall submit scale tickets for (roll-off services) for reimbursement.

C.3.1.31 Scale Transaction Report (Tonnage Report) – A supplemental report documenting all roll-off dumpster transactions at the disposal facilities.

C.3.1.32 Services – shall have the same meaning as Organics Collection and Disposal Services.

C.3.1.33 Service Verification Technology – Technology that allows for the GPS location of vehicles, time and location of container collections, and reporting reasons for non-collection of containers.

C.3.1.34 Supplemental Services – Supplemental Services are services that go beyond the standard scope and are not included in the monthly routine price of the contract. These services are pre-priced, optional items identified in the Contractor’s Bid Form and may be ordered by the District on an as-needed basis. Examples include, but are not limited to, additional collection pickups and bin delivery. Contractor’s firm rates for Supplemental Services shall include all necessary labor, materials, supplies, equipment (except as otherwise provided), supervision, and management required to perform the service. Supplemental Services are requested by the District for the convenience of occupant agencies and are not part of “standard services” or “standard planned services” under this contract.

C.3.1.35 Weekly – Services to be performed one (1) time per week.

C.3.1.36 Task Order – The obligating document that provides the issuance of orders for the performance of tasks during a fixed period of time, against an established master indefinite delivery/indefinite quantity contract.

C.3.1.37 Yard Debris – Vegetative matter produced from landscaping and gardening activities. This includes items like grass clippings, leaves, branches, and other plant materials.

C.3.2 Acronyms: The following are acronyms used for the purpose of this solicitation:

C.3.2.1 ANSI – American National Standards Institute

C.3.2.2 CO – Contracting Officer

C.3.2.3 COTR – Contracting Officer’s Technical Representative

C.3.2.4 CS – Contact Specialist

C.3.2.5 DCMR – District of Columbia Municipal Regulations

C.3.2.6 DGS – Department of General Services

C.3.2.7 DLCP – Department of Licensing and Consumer Protection

C.3.2.8 DOB – Department of Buildings

C.3.2.9 NSWMA – National Solid Waste Management Association

C.3.2.10 NTP – Notice to Proceed

C.3.2.11 SLA – Service Level Agreement

C.3.2.12 TO – Task Order

C.4 BACKGROUND

C.4.1 DGS encompasses a range of specialized Divisions, such as Portfolio Management, Facilities Management, Capital Construction, Sustainability + Energy, Contracts and Procurement, Protective Services, Information Technology, and others, collectively staffed by a dynamic workforce exceeding 700 full-time employees. Rooted in a core mission and attendant obligations, DGS is steadfastly committed to fostering a safe and sustainable environment throughout all properties owned or managed by the District, as prescribed by D.C. Code § 10-551.01(b)(4) delineated in the Department of General Services Establishment Act of 2011.

C.4.1.1 As part of a comprehensive waste management program, the Department is seeking a contractor with industry knowledge and expertise to collect organic material from commercial buildings and properties managed under the purview of the Executive Office of the Mayor. These buildings consist of many District agencies including schools, parks and recreation centers, community gardens, housing shelters, and fire stations. Due to the growing interest in organics recycling, the Department expects the number of agencies and buildings receiving services to change and increase over time.

C.4.1.2 The majority of the services needed will be the collection and disposal and post-consumer food waste, but the materials collected may also include compostable food service ware (e.g. compostable utensils) and paper products (e.g. compostable paper lunch trays). This material is expected to be collected in carts on wheels or small buckets. Other properties will generate garden and yard debris for collection, which may require manual hand-pull collection or roll-off dumpsters to consolidate collections.

C.4.1.3 This contract will be established as an Indefinite Delivery/Indefinite Quantity (“IDIQ”) agreement. Task Orders will be issued based on actual needs, as the Department cannot predict in advance how many schools, facilities, or agencies will participate in the program.

This approach provides flexibility to accommodate fluctuating demand and ensures services can be scaled up or down as participation changes.

C.4.2 Task Order Process

All services performed under this Contract shall be issued and authorized solely through written Task Orders executed by the Contracting Officer as further outlined in Section [G.10] – Ordering Clause. The Contractor shall not commence work, incur costs, or perform any services without a fully executed Task Order. The District shall have no obligation to compensate the Contractor for any work performed absent such authorization.

C.4.2.1 Each Task Order shall define the specific requirements for the work to be performed, including, at a minimum:

1. the locations to be serviced, container types, number of containers per location, and required service schedule;

2. the period of performance for the requested services;

3. the firm‑fixed price, calculated using the firm‑fixed unit rates established in the

Contract; and

4. any additional instructions, deliverables, reporting, or supporting documentation required for proper performance.

C.4.2.2 The Contractor shall manage, execute, and oversee all work assigned under each Task Order from initiation through completion. The Contractor shall maintain complete and accurate records of all labor, equipment, materials, and services provided under each Task Order, and shall submit monthly progress reports in a format approved by the District.

These reports shall document work performed, issues encountered, performance against schedule, and any other information necessary to evaluate compliance with Task Order

C.5 REQUIREMENTS

C.5.1 Service Standards This section defines the minimum performance expectations and service delivery standards that apply to all work performed under this contract and any Task Orders issued by the District. The Contractor shall meet these standards for every service schedule, location, and requirement authorized through a Task Order, regardless of the number of concurrent orders or variations in scope.

C.5.1.1 The Contractor shall provide organic material hauling services and related supplemental services when ordered by the Department in accordance with Section [G.11]. The Contractor shall use best efforts, skill, judgment, innovation, technology, and abilities to meet the industry and Department performance standards specified herein.

C.5.1.2 The specifications herein are a statement of the minimum level of organics collection and disposal services and standards of performance that the Contractor shall abide under the Contract, and all subsequently awarded Task Orders. They are not intended to represent maximum performance levels or limitation of the effort the Contractor shall expend to accomplish said work. The task and expectations related to the collection function are all inclusive.

C.5.1.2.1 All services under this Contract shall be authorized solely through fully executed Task

Orders issued by the Contracting Officer (“CO”). The CO is the only official with authority to issue, modify, or cancel Task Orders. The Contracting Officer’s Technical Representative (“COTR”) may request supplemental services or adjustments; however, the Contractor shall not perform any supplemental services unless they are explicitly included in an executed Task Order. No changes to service requirements, schedules, or quantities are effective unless incorporated into a Task Order signed by the CO.

C.5.1.3 All costs associated with complying with the requirements herein are included in the firm-fixed service rates. The Contractor shall provide all labor, supervision, management, materials, equipment, appropriately sized containers, supplies, dedicated vehicles, vehicle maintenance, fuel, license fees and permits, recordkeeping, reporting and all other supplies and services necessary to successfully perform organic waste hauling and all related supplemental services in accordance with the standards described and set herein.

C.5.1.4 The Contractor shall develop a comprehensive and scalable Operations Plan that ensures adequate staffing, equipment, routing, and management to fulfill all service requirements issued under multiple, concurrent Task Orders. The Operations Plan must be flexible enough to accommodate different service schedules, frequencies, and locations as authorized by the District. The Contractor shall comply with all applicable Federal and District laws, regulations, court orders, and policies in performing services under any Task Order.

C.5.2 Container Requirements The Contractor shall furnish, deploy, and maintain all containers necessary to perform the services authorized under each Task Order. All containers must meet the performance, compatibility, and operational standards established by the District and be available in sufficient quantity to support multiple, concurrent service schedules across different locations.

C.5.2.1 The Contractor shall provide the number and type of hauling containers required to successfully perform the required services. The Contractor shall maintain ownership of all containers they purchase and deploy and shall be responsible for removing and disposing of any unneeded or damaged containers. The Contractor shall ensure that all organics containers are fully compatible, including in dimensions and loading mechanisms, with the collection vehicles servicing them.

C.5.2.1.1 After the initial Contract award, the Contractor shall, within five (5) calendar days of the post-award meeting, provide written proof of container orders adequate to meet the container inventory requirements outlined by the Department. For each future Task Order, the Contractor shall either have sufficient container inventory available or place orders for the required containers within five (5) calendar days of receiving notification of a pending Task Order.

C.5.2.2 Specifications The following specifications outline the minimum requirements for all containers, equipment, and related maintenance necessary to perform the organic materials collection services under individual Task Orders. The Contractor is responsible for ensuring that all provided containers meet applicable standards, remain in good operating condition, and support safe and effective collection across District facilities.

C.5.2.2.1 The Contractor shall furnish for use throughout term of this contract suitable 32-, 64-, and

96-gallon carts, as well as 7-gallon buckets with sealable lids. The District may also require the use of 15 and 30 cubic yard roll off dumpsters for the central collection of organic materials as a supplement service. All containers must be intended for outdoor use.

C.5.2.2.2 All containers shall meet the safety requirements of the American National Standards

Institute (“ANSI”), Standard Number Z245.1, and waste equipment operating standards of the National Solid Waste Management Association (“NSWMA”).

C.5.2.2.3 The Contractor will maintain all containers. Maintenance will include any cleaning, maintenance of signage, repair or replacement required to keep containers in good operating condition, sanitary, and of acceptable appearance.

C.5.2.2.4 The 32-, 64-, and 96-gallon carts shall have wheels and a handle so that they are easily maneuverable and can be pushed and pulled with minimal effort. Each cart shall have secure lids to help prevent pests.

C.5.2.2.5 The Contractor is responsible for providing clear signage for compost carts, and for maintaining signage. Signage should include information on acceptable materials for collection. The COTR may decide to provide stickers for marking containers; if stickers are provided, the Contractor must use those stickers provided by DGS for marking containers.

C.5.2.3 Service Verification Technology Specifications. Each cart shall be tracked with service-tracking technology as described in Section [C.5.9].

C.5.3 Routine Services Standards This section establishes the minimum requirements for routine organic material collection services to be performed under any Task Order issued by the District. The Contractor shall execute all routine services consistently, safely, and in accordance with the service schedules, locations, and performance expectations authorized in each Task Order. For the avoidance of doubt and to provide clarification, failure to meet the service standards as described hereunder will result in the administration of a Disincentive Fee in accordance with Section [H.12.2.4].

C.5.3.1 The Contractor shall empty all organic material containers at each service location and shall return containers to their original position. The Contractor shall collect organic material so as not to allow spilling of organic material. The Contractor shall pick-up any organic material overflow outside the container caused by spillage at the time of scheduled pick-up at no additional cost to the District. The Contractor shall collect and deliver all organic material to a DGS-approved disposal facility (see Section [C.5.10.4]) on the same day that material is collected. The Contractor shall not leave material in a vehicle overnight. Any sites not collected on a scheduled day will be collected the following day. Failure to collect materials as scheduled, including missed collections not made up within 24 hours will result in a Disincentive Fee in accordance with Section [H.12.2.4].

C.5.3.2 Service Schedule This section establishes the requirements for implementing and adhering to service schedules authorized under Task Orders issued by the District. The Contractor shall perform all scheduled collections—whether routine, seasonal, or special—strictly in accordance with the timelines, locations, and frequencies specified in each Task Order and any subsequent written direction from the District.

C.5.3.2.1 Routine Schedule, Seasonal Schedule, and Special Pickups The Contractor shall provide collection services in accordance with established service schedules and any seasonal or special pickup requirements identified by the District. This section outlines the expectations for routine service delivery, adjustments based on seasonal needs, and additional collections requested by the COTR.

C.5.3.2.1.1 The Contractor shall schedule normal pickups in accordance with the service requirements and schedule provided. Most sites will require services three (3) days per week.

C.5.3.2.1.2 Some normal pickups schedules may be changed to account for seasonal changes. The seasonal schedule will apply to increase or decrease in the level of services and service locations linked to school calendar and summer programs (e.g. schools and recreation center openings/closing).

C.5.3.2.1.3 The Contractor shall provide seasonal and special collection pickups on an as-needed basis as requested by COTR at the same firm-fixed supplemental rate as referenced in the Section [B.4.1] - Price Schedule.

C.5.3.2.1.4 These services will be provided at the applicable fixed unit price as described in Section

[B.4.1] - Price Schedule, unless deemed as supplemental by the CO.

C.5.4 Supplemental Services This section identifies the types of Supplemental Services that the District may require in addition to routine collection activities and shall be ordered by Task Order. Supplemental Services shall be performed only when expressly authorized in writing by the District. All such services are separate from routine work, may occur concurrently with other Task Orders, and must conform to the District’s written authorization and applicable pricing.

C.5.4.1 The District anticipates that the Contractor will incur costs when performing Supplemental

Services outside the routine service schedule that are not included in the firm-fixed unit rates. Supplemental Services include, but are not limited to, unforeseen emergency services, relocation of containers, replacement of containers, on-call disposal or supplemental hauling services.

C.5.4.1.1 For the avoidance of doubt and notwithstanding anything to the contrary, if the Department requires an additional, one-time routine service day outside the established weekly service schedule for a location, the Contractor shall perform the additional pickup at the same firm-fixed Routine Services – Rate per Pick-Up applicable to that container size under Section [B.4.1]. No separate Supplemental Services rate shall apply unless the request involves services outside the scope of a standard pickup (e.g., container relocation or special event support).

C.5.4.2 The Contractor shall not perform or bill for any Supplemental Services unless the services have been requested and authorized in writing by the COTR and or CO under an issued Task Order.

C.5.4.3 Any Supplemental Services performed without prior written authorization from the COTR or CO shall be…