DCEB-2023-R-0006_Att1.pdf

X X

Sole Source Sealed Proposals (RFP)

August 14, 2023

Sealed Bid (IFB) Open Set Aside Open with Sub-Contracting Set Aside

M x D X

Evaluation factors for award 45-49X H Special Contract Requirements 15-20 X

X F Deliveries or Performance 9

3-6

X G Contract Administration Data 10-14

Packaging and Marking

CAUTION: Late Submissions, Modifications and Withdrawals: See 27 DCMR chapters 15 & 16 as applicable. All offers are subject to all terms & conditions contained in this solicitation.

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PART I - THE SCHEDULE

A

Lindel Reid, Senior Contract Specialist

B. Telephone (Area Code)

Section Description(X)

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X B

(Ext)(Number)

11. Table of Contents 202 257-5618 lindel.reid@dc.gov

Section

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21-34I Contract Clauses1

C

SOLICITATION, OFFER, AND AWARD

10. For Information Contact

DCEB-2023-R-0006

bid counter located at

3. Solicitation Number2. Contract Number

9. Sealed offers in original and 1

A. Name

2:00PM

NOTE: In sealed bid solicitations "offer" and offeror" means "bid" and "bidder"

See Section L.2 - Electronic Sumission Requirements September 4, 2023local time (Date) until (Hour)

Page of Pages

1 49

6. Type of Market copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried to the

SOLICITATION

1. Caption

DC Small Business Census

4. Type of Solicitation 5. Date Issued

Contract Type, Supplies or Services and Price/Cost

Solicitation/Contract Form

Page No.Description

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

C. E-mail Address

(X)

14. Acknowledgement of Amendments (The offeror acknowledges receipt of amendments to the

SOLICITATION):

Amendment Number Date

17. Signature 18. Offer Date

15A.

Name and Address of

Offeror 15 C. Check if remittance address is different from above - Refer to Section G

20. Amount

(Area Code) (Number) (Ext) 15B. Telephone

Jacque McDonald, DBA, MBA, MST, NIGP-CPP, CPPO, CPPB

16. Name and Title of Person Authorized to Sign Offer/Contract of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified herein.

120 calendar days from the date for receipt 12. In compliance with the above, the undersigned agrees, if this offer is accepted within

24. Award Date22. Name of Contracting Officer (Type or Print) 23. Signature of Contracting Officer (District of Columbia)

AWARD (TO BE COMPLETED BY GOVERNMENT)

19. Accepted as to Items Numbered

Amendment Number Date

21. Accounting and Appropriation

PART IV - REPRESENTATIONS AND INSTRUCTIONS

List of Attachments

Representations, certifications and other statements of offerors 36

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Specifications/Work Statement

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Page No.

____ Calendar days %

PART II - CONTRACT CLAUSES

L Instructions, conditions & notices to offerors 37-44

20 Calendar days % 30 Calendar days %10 Calendar days %

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13. Discount for Prompt Payment

X E Inspection and Acceptance 8

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Washington, DC 20003

Contracts, Procurement and Grants D.C. Office of the Deputy Mayor for Planning and Economic DevelopmentD.C. Office of the Deputy Mayor for Planning and Economic Development

Washington, DC 20003 1015 Half Street, S.E., Suite 6751015 Half Street, S.E., Suite 675

8. Address Offer to:7. Issued By:

Human Care Agreements

Emergency

Contracts, Procurement and Grants

Government of the District of Columbia Office of the Deputy Mayor for Planning and Economic Development mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov mailto:lindel.reid@dc.gov

Request for Proposals No. DCEB-2023-R-0006 DC Small Business Census

SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND

PRICE/COST

B.1 The District of Columbia Government (the “District”), Office of the Deputy Mayor for Planning and Economic Development (“DMPED”), is seeking offers from highly qualified Contractors to conduct a census of minority- and woman-owned small businesses (“DC Small Business Census”) in the District of Columbia.

B.2 The District contemplates award of a firm fixed price contract for the requirements stated in the schedule below in accordance with 27 DCMR Chapter 24.

B.3 PRICE SCHEDULE – FIRM FIXED PRICE

B.3.1 BASE YEAR (Date of Award through One Year Thereafter)

B.4 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.5 For contracts in excess of $250,000, at least 35% of the dollar volume of the contract shall be subcontracted in accordance with sections B.7 and H.9.

A Subcontracting Plan form is available at http://ocp.dc.gov, under Quick Links click on

“Required Solicitation Documents”.

Contract Line

Item No.

(CLIN)

Item Description

Total Price

Grand Total for B.3.1

SECTION C: SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE

C.1.1 The District of Columbia Government (the “District”), Office of the Deputy Mayor for Planning and Economic Development (“DMPED”) has a requirement for a highly qualified Contractor to conduct a census of minority- and woman- owned small businesses (“Small Business Census”) in the District of Columbia.

C.1.2 This Small Business Census would fill a data gap and enable more robust future outreach to minority- and woman-owned small businesses as we seek to close opportunity gaps. Using data from the U.S. Census Bureau’s Annual Business Survey, we know that approximately 27% of businesses in the District of Columbia with fewer than 500 employees are minority-owned (for minority woman owned businesses, the figure is 6.6%, and for non-minority woman owned businesses, the figure is 18.7%). The District has a target to increase minority small business ownership over the next several years.

C.2 APPLICABLE DOCUMENTS

The following documents are applicable to this procurement:

Item No.

Document Type Title Date

1 Strategic Plan District Comprehensive Economic Development Strategy 2023 – 2027

1/2023

2 Report Pathways to Inclusion: Expanding the District of Columbia’s Tech and Innovation Ecosystem

11/2016

3 Strategic Plan DC Upward Mobility Action Plan 06/2022

4 Report District of Columbia Disparity Study 4/2023

5 DC Law DC Code §§ Title 2 Chapter 2 Subchapter IX-A. Small and Local Business Enterprise Development and Assistance

4/2023

6 Report Pivoting from Pandemic to Recovery: 2020 State of Business Report

10/2020

7 Report Building a Competitive City: 2019 State of Business Report

10/2019

8 Report DC Racial Equity Profile for Economic Outcomes 1/2021

9 Report Urban Institute: The Color of Wealth in the Nation’s Capital

11/2016

10 Report Beyond 5: Small Business Survivability Study for New Majority Entrepreneurs

4/2022 https://www.obviouslydc.com/dcs-comeback-plan/home https://www.obviouslydc.com/dcs-comeback-plan/home https://dmped.dc.gov/sites/default/files/dc/sites/dmped/publication/attachments/Pathways%20to%20Inclusion%20Report.pdf https://dmped.dc.gov/sites/default/files/dc/sites/dmped/publication/attachments/Pathways%20to%20Inclusion%20Report.pdf https://upwardmobility.dc.gov/sites/default/files/dc/sites/ogag/page_content/attachments/2022-upward-mobility-report-final20220629.pdf https://dmped.dc.gov/sites/default/files/dc/sites/dmped/page_content/attachments/Government%20of%20the%20District%20of%20Columbia%20Disparity%20Study.pdf https://code.dccouncil.gov/us/dc/council/code/titles/2/chapters/2/subchapters/IX-A https://code.dccouncil.gov/us/dc/council/code/titles/2/chapters/2/subchapters/IX-A https://code.dccouncil.gov/us/dc/council/code/titles/2/chapters/2/subchapters/IX-A https://dcpolicycenter.wpenginepowered.com/wp-content/uploads/2020/10/2020-State-of-Business-Report_for-web_pages-1.pdf https://dcpolicycenter.wpenginepowered.com/wp-content/uploads/2020/10/2020-State-of-Business-Report_for-web_pages-1.pdf https://dcpolicycenter.wpenginepowered.com/wp-content/uploads/2019/10/Chamber-State-of-Business-Report-2019-FINAL-pages-1.pdf https://dcpolicycenter.wpenginepowered.com/wp-content/uploads/2019/10/Chamber-State-of-Business-Report-2019-FINAL-pages-1.pdf https://static1.squarespace.com/static/5ffa2eb4a24aef1e5b91c0d6/t/607df46d185dd55abe40f644/1618867332939/DC+Racial+Equity+Profile+for+Economic+Outcomes.pdf https://www.urban.org/sites/default/files/publication/85341/2000986-2-the-color-of-wealth-in-the-nations-capital_8.pdf https://www.urban.org/sites/default/files/publication/85341/2000986-2-the-color-of-wealth-in-the-nations-capital_8.pdf https://livingcities.org/wp-content/uploads/2023/04/B5-2022-minimized.pdf https://livingcities.org/wp-content/uploads/2023/04/B5-2022-minimized.pdf

C.3 DEFINITIONS

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

Small Business: We use the U.S. Census Bureau’s Annual Business Survey definition of a small business: any business which has fewer than 500 employees. Because there is not a broadly agreed-upon definition of “small business,” we note the employer size when the definition used differs from the definition above.

Minority-Owned Business: We use the U.S. Census Bureau’s Annual Business Survey definition of a minority-owned business: A business where one or more individuals of a historically minoritized racial group have more than 50% of the stock or equity in the business.

Woman-Owned Business: We use the U.S. Census Bureau’s Annual Business Survey definition of a woman-owned business: A business where one or more individuals who identify as women have more than 50% of the stock or equity in the business.

Equity Impact Enterprise: A business enterprise that is a resident-owned business and a small business enterprise that can demonstrate that it is at least 51% owned by an individual who is, or a majority number of individuals who are economically disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities.

C.4 BACKGROUND

According to the U.S. Census Bureau’s Annual Business Survey, the District of Columbia is home to more than 12,000 businesses with fewer than 500 employees. These businesses are supported by a robust network of city agencies, community organizations, and other technical assistance providers. Whether through the Department of Licensing and Consumer Protection’s Small Business Resource Center, the District’s thriving Main Streets program, the many grant and technical assistance opportunities provided by the Department of Small and Local Business Development, the Office of the Deputy Mayor for Planning and Economic Development, and more, small businesses have access to a variety of resources in the District. But small businesses still face significant challenges, including record inflation, ongoing workforce and revenue recovery from the COVID-19 pandemic, increasing costs of capital, and more. Though the District has created many opportunities for small businesses to start and thrive in the District, there is more work to be done to understand both the population of current small business owners in the District and their needs.

Several reports from District government agencies and external partners over the last few years have touched on small business recovery, including the 2023 – 2027 Comprehensive Economic Development Strategy (CEDS), Pathways to Inclusion Report, District of Columbia Disparity Study, and annual State of Business reports developed in partnership with the DC Chamber of Commerce. Together, these reports highlight District business successes in the face of

11 DC Law District of Columbia Language Access Act of 2004 06/2004 https://www.census.gov/programs-surveys/abs.html https://www.census.gov/programs-surveys/abs.html https://www.census.gov/programs-surveys/abs.html https://www.census.gov/programs-surveys/abs.html https://static1.squarespace.com/static/59cebe6ff09ca495d3b4a940/t/63bc296a9eb5c344a3b4d39e/1673275755220/DC%27s+Comeback+Plan_Full1923.pdf https://static1.squarespace.com/static/59cebe6ff09ca495d3b4a940/t/63bc296a9eb5c344a3b4d39e/1673275755220/DC%27s+Comeback+Plan_Full1923.pdf https://dmped.dc.gov/sites/default/files/dc/sites/dmped/publication/attachments/Pathways%20to%20Inclusion%20Report.pdf https://dmped.dc.gov/sites/default/files/dc/sites/dmped/page_content/attachments/Government%20of%20the%20District%20of%20Columbia%20Disparity%20Study.pdf https://dmped.dc.gov/sites/default/files/dc/sites/dmped/page_content/attachments/Government%20of%20the%20District%20of%20Columbia%20Disparity%20Study.pdf https://dcchamber.org/state-of-business/ https://code.dccouncil.gov/us/dc/council/laws/15-167 longstanding and pandemic-era challenges as well as opportunities for District government to further improve the small business environment.

Though we can approximate the number of minority-owned small businesses in the District using data from the U.S. Census Bureau’s Annual Business Survey, we aim to augment these figures with a census of minority- and woman-owned businesses to enable us to better reach, hear from, and close opportunity gaps for these businesses. This Small Business Census also leaves room to expand upon the scope of previous surveys at the federal and local level that were taken during the initial pandemic period. By gaining a better understanding of the universe of minority- and woman-owned small businesses in the District, the census supports future small business outreach and support.

C.5 REQUIREMENTS

C.5.1 Small Business Census

The Contractor shall develop a census instrument, develop a census methodology and implementation plan, implement the census in the field, and analyze the census results according to the specifications listed in C.5.1.1 thru C.5.1.5 below, and shall respond to concerns raised by the District and revise deliverables as appropriate:

C.5.1.1 The Contractor shall hold a kick-off meeting with relevant members of District staff to outline the project plan and shall hold a weekly status update meetings each week thereafter to review the census instrument, fielding methodology, and other deliverables and status updates once developed, and shall provide materials for District staff review prior to the meetings.

C.5.1.2 The Contractor shall produce an analysis of the information provided by existing data sources which may assist in fielding a census of District minority- and woman-owned small businesses. This analysis shall include a list of data sources, a summary of the business-level information included in each source, an evaluation of whether and to what extent each data source may be used in the context of the small business census, and an assessment of any aspects of the data source that may impact its ability to be used in conjunction with other listed data sources.

C.5.1.3 The Contractor shall develop a census instrument (to include question wording and sequencing) to confirm small business characteristics including racial and gender identity of business owner(s) and number of employees.

C.5.1.4 The Contractor shall develop a sampling methodology and census implementation plan to include: how businesses will be sampled and selected; census modality and distribution plan that shall meet the sample size and population interests articulated in Sections C.5.1.4.1 through C.5.1.4.3. This plan shall factor in time and resource needs for translation and interpretation as appropriate (see the District’s Language Access Act for more information).

This plan shall articulate a target sample size to allow adequate estimates and comparisons across wards, as well as small businesses of different sizes under 500 employees, CBE status types, and business owner demographics with a focus on reaching populations of particular interest including but not limited to:

https://ohr.dc.gov/sites/default/files/dc/sites/ohr/publication/attachments/LanguageAccessActRegulations-English.pdf

C.5.1.4.1 Business owners operating in DMPED program target areas such as Great Streets corridors, Penn West Equity and Innovation District, and within the 2023 – 2027 Comprehensive Economic Development Strategy Downtown boundary;

C.5.1.4.2 Business owners who sometimes or primarily communicate in languages other than English, especially in the District’s Big 6 languages (Amharic, Chinese, French, Korean, Spanish, and Vietnamese); and

C.5.1.4.3 Businesses who have not historically sought out technical assistance on regulatory, licensing, or other business questions.

C.5.1.5 Upon completion of the census, the Contractor shall produce and present up to three times a summary analysis of census responses showing overall number of responses, respondent demographics, initial takeaways, and recommendations for annual data quality checks of the census.

C.5.1.6 Upon completion of the census, the Contractor shall share the raw census data with DMPED in a machine-readable format.

SECTION D: PACKAGING AND MARKING

D.1 Not Applicable

SECTION E: INSPECTION AND ACCEPTANCE

E.1 The inspection and acceptance requirements for this contract shall be governed by clause number six (6), Inspection of Services of the Government of the District of Columbia's Standard Contract Provisions for use with Supplies and Services Contracts, dated July 2010. (Attachment J.1)

SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT

The term of the contract shall be for a period of one year from the date of award specified on the cover page of this contract.

F.2 DELIVERABLES

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

CLIN Deliverable

Quantity Format and Method of Delivery Due Date

01 Weekly Check-in Meetings as stated in C.5.1.1

50 weekly meetings, as required

Virtual call or in-person meetings

Weekly after contract award

02 Analysis of Existing Minority- and Woman- Owned Small Business Related Data Sources as stated in C.5.1.2

1 Word/PowerPoint document; email

Within 4 weeks from contract award

03 Small Business Census Instrument as stated in C.5.1.3

1 Word/Excel document;

email

Within 6 weeks from contract award 04 Small Business Census

Methodology and Implementation Plan as stated in C.5.1.4

1 Word document; email Within 8 weeks from contract award

05 Raw Census Response Data as stated in C.5.1.6

1 CSV file Within 30 weeks from contract award 06 Summary Presentation(s) of

Initial Findings as stated in C.5.1.5

Up to 3 PowerPoint document, presentation

Within 52 weeks from contract award

F.2.1 The Contractor shall submit to the District, as a deliverable, the report described in section H.5.5 that is required by the 51% District Residents New Hires Requirements and First Source Employment Agreement. If the Contractor does not submit the report as part of the deliverables, final payment to the Contractor shall not be paid pursuant to section G.3.2.

SECTION G: CONTRACT ADMINISTRATION

G.1 INVOICE PAYMENT

G.1.1 The District will make payments to the Contractor, upon the submission of proper invoices, at the prices stipulated in this contract, for supplies delivered and accepted or services performed and accepted, less any discounts, allowances or adjustments provided for in this contract.

G.1.2 The District will pay the Contractor on or before the 30th day after receiving a proper invoice from the Contractor.

G.2 INVOICE SUBMITTAL

G.2.1 The Contractor shall create and submit payment requests in an electronic format through the DC

Vendor Portal, vendorportal.dc.gov.

G.2.2 The Contractor shall submit proper invoices on a monthly basis or as otherwise specified in

Section G.4.

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

G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT

G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and First Source

Employment Agreement requirements, final request for payment must be accompanied by the report or a waiver of compliance discussed in section H.5.5.

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

G.4 PAYMENT

G.4.1 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 percentage or stage of work in accordance with the prices stated in the Schedule in Section B";

and

c) Presentation of a properly executed invoice.

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% 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 this 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 before:

G.6.1.2.1 3rd day after the required payment date for meat or a meat 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 shall 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 shall pay subcontractors or suppliers 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% 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

G.6.3.1 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.6.3.2 The Contractor shall include in each subcontract under this contract a provision that obligates the Contractor, at the election of the subcontractor, to participate in negotiation or mediation as an alternative to administrative or judicial resolution of a dispute between them.

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:

Jacque McDonald, DBA, MBA, MST, NIGP-CPP, CPPO, CPPB Director, Contracts, Procurement and Grants Office of the Deputy Mayor for Planning and Economic Development 1015 Half Street SE, Suite 675 Washington, DC 20003 Telephone (202) 724-8111 Email: jacque.mcdonald@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 requirements of this contract.

G.8.2 The Contractor shall not comply with any order, directive or request that changes or modifies the requirements of this contract, unless issued in writing and signed by the CO.

G.8.3 In the event the Contractor effects any change at the instruction or request of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any cost increase incurred as a result thereof.

G.9 CONTRACT ADMINSTRATOR (CA)

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

G.9.1.1 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;

mailto:jacque.mcdonald@dc.gov

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

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

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

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

Hannah Eli, Data Officer

Office of the Deputy Mayor for Planning and Economic Development 1350 Pennsylvania Avenue, NW, Suite 317 Washington, DC 20004 Telephone (202) 568-2437 Email: Hannah.eli@dc.gov

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

1. Award, agree to, or sign any contract, delivery order or task order. Only the CO shall make contractual agreements, commitments or modifications;

2. Grant deviations from or waive any of the terms and conditions of the contract;

3. Increase the dollar limit of the contract or authorize work beyond the dollar limit of the contract,

4. Authorize the expenditure of funds by the Contractor;

5. Change the period of performance; or

6. Authorize the use of District property, except as specified under the contract.

G.9.4 The Contractor will be fully responsible for any changes not authorized in advance, in writing, by the CO; may be denied compensation or other relief for any additional work performed that is not so authorized; and may also be required, at no additional cost to the District, to take all corrective action necessitated by reason of the unauthorized changes.

mailto:Hannah.eli@dc.gov

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES

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

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

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

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

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

H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS

The Contractor shall be bound by the Wage Determination No. 2015-4281, Revision No. 26, dated May 10, 2023, issued by the U.S. Department of Labor in accordance with the Service Contract Act, 41 U.S.C. § 351 et seq., and incorporated herein as Section J.2. The Contractor shall be bound by the wage rates for the term of the contract subject to revision as stated herein and in accordance with clause 24 of the SCP. If an option is exercised, the Contractor shall be bound by the applicable wage rates at the time of the exercise of the option. If the option is exercised and the CO obtains a revised wage determination, the revised wage determination is applicable for the option periods and the Contractor may be entitled to an equitable adjustment.

H.3 PREGNANT WORKERS FAIRNESS

H.3.1 The Contractor shall comply with the Protecting Pregnant Workers Fairness Act of 2016, D.C.

Official Code § 32-1231.01 et seq. (PPWF Act).

H.3.2 The Contractor shall not:

(a) Refuse to make reasonable accommodations to the known limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding for an employee, unless the Contractor can demonstrate that the accommodation would impose an undue hardship;

(b) Take an adverse action against an employee who requests or uses a reasonable accommodation in regard to the employee's conditions or privileges of employment, including failing to reinstate the employee when the need for reasonable accommodations ceases to the employee's original job or to an equivalent position with equivalent:

(1) Pay;

(2) Accumulated seniority and retirement;

(3) Benefits; and

(4) Other applicable service credits;

(c) Deny employment opportunities to an employee, or a job applicant, if the denial is based on the need of the employer to make reasonable accommodations to the known limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding;

(d) Require an employee affected by pregnancy, childbirth, related medical conditions, or breastfeeding to accept an accommodation that the employee chooses not to accept if the employee does not have a known limitation related to pregnancy, childbirth, related medical conditions, or breastfeeding or the accommodation is not necessary for the employee to perform her duties;

(e) Require an employee to take leave if a reasonable accommodation can be provided; or

(f) Take adverse action against an employee who has been absent from work as a result of a pregnancy-related condition, including a pre-birth complication.

H.3.3 The Contractor shall post and maintain in a conspicuous place a notice of rights in both English and Spanish and provide written notice of an employee's right to a needed reasonable accommodation related to pregnancy, childbirth, related medical conditions, or breastfeeding pursuant to the PPWF Act to:

(a) New employees at the commencement of employment;

(b) Existing employees; and

(c) An employee who notifies the employer of her pregnancy, or other condition covered by the PPWF Act, within 10 days of the notification.

H.3.4 The Contractor shall provide an accurate written translation of the notice of rights to any non- English or non-Spanish speaking employee.

H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.

H.4 UNEMPLOYED ANTI-DISCRIMINATION

H.4.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C.

Official Code § 32-1361 et seq.

H.4.2 The Contractor shall not:

(a) Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an employee because of the individual's status as unemployed; or

(b) Publish, in print, on the Internet, or in any other medium, an advertisement or announcement for any vacancy in a job for employment that includes:

(1) Any provision stating or indicating that an individual's status as unemployed disqualifies the individual for the job; or

(2) Any provision stating or indicating that an employment agency will not consider or hire an individual for employment based on that individual's status as unemployed.

H.4.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties as described in the Act.

H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE

EMPLOYMENT AGREEMENT

Delete Article 35, 51% District Residents New Hires Requirements and First Source

Employment Agreement, of the Standard Contract Provisions dated July 2010 for use with District of Columbia Government Supplies and Services Contracts and substitute the following Section H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE EMPLOYMENT AGREEMENT in its place:

H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE

EMPLOYMENT AGREEMENT

H.5.1 For contracts for services in the amount of $300,000 or more, the Contractor shall comply with the First Source Employment Agreement Act of 1984, as amended, D.C. Official Code § 2-

219.01 et seq. (First Source Act).

H.5.2 The Contractor shall enter into and maintain during the term of the contract, a First Source

Employment Agreement (Employment Agreement) with the District of Columbia Department of Employment Service’s (DOES), in which the Contractor shall agree that:

(a) The first source for finding employees to fill all jobs created in order to perform the contract shall be the First Source Register; and

(b) The first source for finding employees to fill any vacancy occurring in all jobs covered by the Employment Agreement shall be the First Source Register.

H.5.3 The Contractor shall not begin performance of the contract until its Employment Agreement has been accepted by DOES. Once approved, the Employment Agreement shall not be amended except with the approval of DOES.

H.5.4 The Contractor agrees that at least 51% of the new employees hired to perform the contract shall be District residents.

H.5.5 The Contractor’s hiring and reporting requirements under the First Source Act and any rules promulgated thereunder shall continue for the term of the contract.

H.5.6 The CO may impose penalties, including monetary fines of 5% of the total amount of the direct and indirect labor costs of the contract, for a willful breach of the Employment Agreement, failure to submit the required hiring compliance reports, or deliberate submission of falsified data.

H.5.7 If the Contractor does not receive a good faith waiver, the CO may also impose an additional penalty equal to 1/8 of 1% of the total amount of the direct and indirect labor costs of the contract for each percentage by which the Contractor fails to meet its hiring requirements.

H.5.8 Any contractor which violates, more than once within a 10-year timeframe, the hiring or reporting requirements of the First Source Act shall be referred for debarment for not more than five (5) years.

H.5.9 The contractor may appeal any decision of the CO pursuant to this clause to the D.C. Contract

Appeals Board as provided in clause 14 of the SCP, Disputes.

H.5.10 The provisions of the First Source Act do not apply to nonprofit organizations which employ 50 employees or less.

H.6 RESERVED

H.7 RESERVED

H.8 RESERVED

H.9 SUBCONTRACTING REQUIREMENTS

H.9.1 Mandatory Subcontracting Requirements

H.9.1.1 For all contracts in excess of $250,000, at least 35% of the dollar volume of the contract shall be subcontracted to qualified small business enterprises (SBEs).

H.9.1.2 If there are insufficient SBEs to completely fulfill the requirement of paragraph H.9.1.1, then the subcontracting may be satisfied by subcontracting 35% of the dollar volume to any qualified certified business enterprises (CBEs); provided, however, that all reasonable efforts shall be made to ensure that SBEs are significant participants in the overall subcontracting work.

H.9.1.3 A prime contractor that is certified by DSLBD as a small, local or disadvantaged business enterprise shall not be required to comply with the provisions of sections H.9.1.1 and H.9.1.2.

H.9.1.4 Except as provided in H.9.1.5 and H.9.1.7, a prime contractor that is a CBE and has been granted a proposal preference pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside program, shall perform at least 35% of the contracting effort with its own organization and resources and, if it subcontracts, 35% of the subcontracting effort shall be with CBEs. A CBE prime contractor that performs less than 35% of the contracting effort shall be subject to enforcement actions under D.C. Official Code § 2-218.63.

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

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

H.9.1.7 A prime contractor that is a CBE and has been granted a proposal preference pursuant to D.C.

Official Code § 2-218.43, or is selected through a set-aside program, shall perform at least 35% of the on-site work with its own organization and resources if the contract is $1 million or less.

H.10 FAIR CRIMINAL RECORD SCREENING

H.10.1 The Contractor shall comply with the provisions of the Fair Criminal Record Screening

Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-152) (the “Act” as used in this section). This section applies to any employment, including employment on a temporary or contractual basis, where the physical location of the employment is in whole or substantial part within the District of Columbia.

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

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

H.10.4 The Contractor may only withdraw a conditional offer of employment, or take adverse action against an applicant, for a legitimate business reason as described in the Act.

H.10.5 This section and the provisions of the Act shall not apply:

(a) Where a federal or District law or regulation requires the consideration of an applicant’s criminal history for the purposes of employment;

(b) To a position designated by the employer as part of a federal or District government program or obligation that is designed to encourage the employment of those with criminal histories;

(c) To any facility or employer that provides programs, services, or direct care to, children, youth, or vulnerable adults; or

(d) To employers that employ less than 11 employees.

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

H.11 DISTRICT RESPONSIBILITIES

Reserved

H.12 CONTRACTOR RESPONSIBILITIES

Reserved

H.13 DIVERSION, REASSIGNMENT AND REPLACEMENT OF KEY PERSONNEL

The key personnel specified in the solicitation (See Section L.20) and the resultant contract are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified key personnel for any reason, the Contractor shall notify the CO at least thirty (30) calendar days in advance and shall submit justification, including proposed substitutions, in sufficient detail to permit evaluation of the impact upon the contract. The Contractor shall obtain written approval of the CO for any proposed substitution of key personnel.

SECTION I: CONTRACT CLAUSES

I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS

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

I.2 CONTRACTS THAT CROSS FISCAL YEARS

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

I.3 CONFIDENTIALITY OF INFORMATION

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

In the process of scoping, gathering information, analyzing, editing and presenting the census, the Contractor may be involved in deliberations of a legal and strategic nature with DMPED employees, other District government officials in the executive branch, and District government legal advisors. The discussions and documents relating to this census and its context and uses are confidential and deliberative and some of the discussions, documents, and correspondence relating to the project may be protected by attorney-client privilege, privileges that are not to be waived by the Contractor.

I.4 TIME

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

I.5 RIGHTS IN DATA

Delete Article 42, Rights in Data, of the Standard Contract Provisions dated July 2010 for use with District of Columbia Government Supplies and Services Contracts and substitute the following Article 42, Rights in Data) in its place:

A. Definitions

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

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

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

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

B. Title to Project Deliverables

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

1. Existing Products: Title to all Existing Licensed Product(s), whether or not embedded in, delivered or operating in conjunction with hardware or Custom Products, shall remain with Contractor or third party proprietary owner, who retains all rights, title and interest (including patent, trademark or copyrights). Effective upon payment, the District shall be granted an irrevocable, non-exclusive, worldwide, paid-up license to use, execute, reproduce, display, perform, adapt (unless Contractor advises the District as part of Contractor’s bid that adaptation will violate existing agreements or statutes and Contractor demonstrates such to the District’s satisfaction), and distribute Existing Product to District users up to the license capacity stated in the contract with all license rights necessary to fully effect the general business purpose of the project or work plan or contract. Licenses shall be granted in the name of the District. The District agrees to reproduce the copyright notice and any other legend of ownership on any copies authorized under this paragraph.

2. Custom Products: Effective upon Product creation, Contractor hereby conveys, assigns, and transfers to the District the sole and exclusive rights, title and interest in Custom Product(s), whether preliminary, final or otherwise, including all patent, trademark and copyrights.

Contractor hereby agrees to take all necessary and appropriate steps to ensure that the Custom Products are protected against unauthorized copying, reproduction and marketing by or through Contractor.

C. Transfers or Assignments of Existing or Custom Products by the District

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

D. Subcontractor Rights

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

E. Source Code Escrow

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