DCSC-25-IFB-102 HCMC Mechanical Room 1000 Heating Upgrades_Final.pdf

a0SOLICITATION, OFFER, AND AWARD H. Carl Moultrie Courthouse Mechanical Room 1000 Heating Upgrades

Page of Pages

1 61

2. Reference Number

3. Solicitation Number

DCSC-25-IFB-102

4. Type of Solicitation Sealed Bid (IFB) Sealed Proposals (RFP)

5. Date Issued

6. Type of Market Open Set Aside

7. Issued By

District of Columbia Courts Capital Project Facilities Management Division 616 H Street, N.W., Room 622 Washington, DC. 20001

8. Address Offer to:

District of Columbia Courts Administrative Services Division Procurement and Contracts Branch 701 7th Street, N.W., Suite 615

Washington, D.C. 20001 ATTN: Kenneth L Evans Jr

NOTE: In the sealed bid, solicitations “offer” or “Contractor” means “bid or “bidder.”

SOLICITATION

9. THE DISTRICT OF COLUMBIA COURTS REQUIRES PERFORMANCE OF THE WORKS DESCRIBED IN THESE DOCUMENTS (Title, date) A pre-bid and site walk will be held Tuesday, August 5, promptly @ 10:00 AM . All attendees are to meet at the 500 Indiana Avenue main entrance.

Offerors shall provide the following information no later than Friday, August 1, 2025@3:00 PM, for all participants to (e-mail): Kenneth.Evans@dccsystem.gov, Contract Specialist to participate in the conference call

a) Full name of the attendee

b) Name of the company the attendee is affiliated with

c) and email address

10. The Contracting Officer shall issue the Notice to Proceed no later than _90 __calendar days after contract award. The Contractor shall achieve Final Completion within _240_ days after receiving the Notice to Proceed.

11. THE CONTRACTOR MUST FURNISH ANY REQUIRED BID, PERFORMANCE, PAYMENT AND WARRANTY BONDS Bid Bond Yes____ No____ _ __% of the total amount of their proposal

Performance and Payment Bond Yes_X__ No____ 100 __% Within ___5__ Calendar days after receiving the notice to proceed Warranty Yes_X__ No____ 100 __% Within _ _5__ Calendar days after final acceptance

12. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers an original, and __4__ copies to perform the work required are due at the place specified in Item 8 by Tuesday, August 26, at 3:00 PM (date).

b. Proposals shall be submitted in two parts, titled "Technical Proposal" and "Price Proposal."

c. A separate electronic copy of the entire proposal should accompany the package.

d. Sealed envelopes shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

e. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

CAUTION: See Section L.1.2—Proposal submission date and time, and late submissions, late modification, withdrawal or modification of proposals and late proposals. All offers are subject to all terms & conditions contained in the solicitation

13. For Information Contact

A. Name B. Telephone C. E-mail Address

Kenneth L. Evans Jr (Area Code) (202)

(Number) 879-8776

(Ext)

Kenneth.Evans@DCSC.gov

14. Table of Contents

(X) Section Description Page No.

(X) Section Description Page No.

PART I – THE SCHEDULE PART II – CONTRACT CLAUSES

X A Solicitation/Contract Form 1 X I Contract Clauses 31

X B Supplies or Services and Price/Cost 2 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C Specifications/Work Statement 4 X J List of Attachments 45

X D Packaging and Marking 12 PART IV – REPRESENTATIONS AND INSTRUCTIONS

X E Inspection and Acceptance 13 X

K

Representations, certification and other statements of Contractors

X F Deliveries or Performance 15

X G Contract Administration Data 18 X L Instructions, conditions & notices to Contractors

X H Special Contract Requirements 28 X M Evaluation factors for award 61

15. In conjunction with the above, the undersigned agrees, if this offer is accepted within _____90________ calendar days from the receipt 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.

SOLICITATION, OFFER, AND AWARD (Continue d) (Construction, Alteration, or Repair)

15A.

Name and Address of Contractor

15D. Name and Title of Person Authorized to Sign Offer/Contract

15B. Telephone 15 C. Check if remittance address is different from above – Refer to section G

15E. Signature and Corporate Seal

(Area Code)

(Number)

(Ext)

All written communications regarding this solicitation should be addressed to the Contracting Officer at the mailing address listed on page 1.

mailto:Kenneth.Evans@dccsystem.gov mailto:Kenneth.Evans@dcsc.gov

SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND

PRICE/COST

B.1 The District of Columbia Courts, Procurement and Contracts Branch on behalf of the Capital

Projects and Facilities Management Division (the “Court”) is seeking a contractor to provide construction services for the H. Carl Moultrie Courthouse (HCMC) Mechanical Room 1000

Heating Upgrades project located at the H. Carl Moultrie Courthouse, at 500 Indiana Avenue, NW.

B.2 The Court contemplates award of a Single firm fixed contract.

B.3 SERVICES

B.3.1 The Contractor shall provide all professional, technical, supervision, labor, materials, and equipment for the construction of the H. Carl Moultrie Courthouse (HCMC) Mechanical Room

1000 Heating Upgrades.

B.4 PRICE SCHEDULE:

Pricing Base Option #1 Option #2 Option #3

Options #1, #2 and #3 will be awarded based on funding.

B.4.1

Base

1. Scope summary:

a. Build New flue shaft; this includes the demolition and rebuilding of the ceilings in the affected spaces (all floors)

b. New gas service, including underground piping into the building; cap piping for future use.

c. Install new HVAC piping only inside of the shaft

d. Install new electrical conduits only inside of the shaft

Option #1

1. Scope Summary:

a. Purchase and install boilers (equipment only)

b. Purchase and install pumps (equipment only)

c. Purchase and install domestic water heaters (equipment only)

d. Purchase and install electrical panelboards

e. Purchase and install VFDs

f. Install electrical feeders from existing substation to new panelboards

g. Build boiler room enclosure, including rollup doors.

Option #2

1. Scope Summary:

a. Install all new DIV 23 project infrastructure (piping, make-up air fans etc)

b. Install all new DIV 22 piping, including the gas piping to the boilers.

c. Purchase and install VFDs

d. Install all DIV 26 infrastructure

e. Turn on and commission the entire heating plant

Option #3

1. Scope Summary:

a. Demolish and remove existing DIV 23, DIV 26 and DIV 22 infrastructure

B.5. ADDITIONAL PRICING INCLUSIONS

B.5.1 ALLOTMENT(s) The Offeror shall include allowances for the following:

B.5.1 A. Hazardous Material Abatement $50,000.00

B.6 CONSTRUCTION SCHEDULE

The Contractor shall submit a complete project schedule which shows the sequence in which the Contractor proposes to perform all contractual aspects of the work and includes the dates on which the Contractor projects starting and completing all activities. The schedule shall be completed by the Contractor and will be considered a part of the Construction Project Bid-Offer.

Table 1 lists the Contractual Milestones that shall be incorporated into the project schedule.

Base Contract Milestone Calendar Days After NTP

Substantial Completion 335

Final Completion 365

Option #1 Contract Milestone Calendar Days After Option

#1 NTP

Substantial Completion 335

Final Completion 365

Option #2 Contract Milestone Calendar Days After Option

#2 NTP

Substantial Completion 210

Final Completion 240

Option #3 Contract Milestone Calendar Days After Option

#3 NTP

Substantial Completion 150

Final Completion 180

SECTION C: SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE:

The District of Columbia Courts (hereafter referred to as the “Courts”) is seeking a qualified contractor to provide construction services as specified in this solicitation for the HCMC

Heating Upgrades located at the H. Carl Moultrie Courthouse, at 500 Indiana Avenue, NW.

The project scope associated with this task order involves the conversion of the existing GSA provided steamed water system to a new on-site gas boiler supplied heating system. located in extension to the HCMC Mechanical Room 1000. The scope of work includes phased and optioned construction of the following equipment: Extension of Mechncal Room(s), Shaft

Installation (Parking Level up to the Roof), Exhaust Fans, Heating Pump(s), Boilers, and associated Piping and Controls.

C.2 APPLICABLE DOCUMENTS

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

Item No. Document Type Title Date

J.21 DC Courts DC Courts Past Performance Questionnaire

J.22 DC Courts Construction Documents

J.23 DC Courts Project Manual

J.24 DC Courts Hazmat Specifications

J.25 DC Courts Contractor Certification of Employee

Vaccination

K DC Courts Offer Breakdown Sheet

C.3 DEFINITIONS

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

C.3.1 THE CONTRACT DOCUMENTS

The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Amendments issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract.

C.3.2 MODIFICATION

A Modification is (1) a written amendment to the Contract signed by both parties, (2) a

Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the CO.

C.3.3 THE CONTRACT

The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between the Owner and a Subcontractor or between any persons or entities other than the Owner and Contractor. The CM shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the CM's duties.

C.3.4 THE WORK

The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project.

C.3.5 THE PROJECT

The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors.

C.3.6 THE DRAWINGS

The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.

C.3.7 THE SPECIFICATIONS

The Specifications are the portion(s) of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services.

C.3.8 THE PROJECT MANUAL/ DIVISION 1

The Project Manual is a volume assembled for the Work which may include the Offering requirements, sample forms, Conditions of the Contract and Specifications.

The terms “knowledge,” “recognize,” “discover,” their respective derivatives, and similar terms in the Contract Documents, as used in reference to the Contractor, shall be interpreted to mean that which the Contractor knows (or should know), recognizes (or should recognize), and discovers (or should discover) in exercising the care, skill, and diligence required by the Contract Documents. Analogously, the expression

“reasonably inferable” and similar terms in the Contract Documents shall be interpreted to mean reasonably inferable by a contractor familiar with the Project and exercising the care, skill, and diligence required of the Contractor by the Contract Documents.

C.3.9 Substantial Completion:

Substantial Completion is the stage in the progress of the work when the work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the

DC Courts can fully, safely, and securely commence their work in the Project Area.

C.3.10 Final Project Completion:

Upon receipt of written notice that the work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the DC Courts and Construction Manager will promptly make such inspection and, when the DC Courts and Construction Manager finds the work acceptable under the Contract Documents and the Contract fully performed, the DC

Courts will promptly issue a final Certificate for Payment, stating that to the best of the

Construction Manager's knowledge, information and belief, and on the basis of the Construction

Manager's on-site visits and inspections, the work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the

Contractor and noted in the final Certificate is due and payable.

C.3.11 "Acceptance," as used in this clause, means the act of an authorized representative of the DC

Court by which the DC Court assumes for itself, or as an agent of another, approves specific services, as partial or complete performance of the contract.

C.3.12 ALLOWANCES:

A fixed sum for a specific portion of the work determined by the Courts in advance of bidding to be used by all bidders in their bids. An Allowance would be used when the exact character or quality of an element of the work is not known at the time of bidding.

C.4 BUILDING DESCRIPTION

The Superior Court of the District of Columbia and its many supporting functions are located in the H. Carl Moultrie Courthouse. The eight story building is the Court’s largest facility comprising 944,500 gross square feet, containing over 90 courtrooms and hearing rooms and is the focus of most court activities.

C.5 BACKGROUND

The Moultrie Courthouse was constructed in the mid-1970s and completed in 1978. It is situated at Indiana Avenue between C and D Streets. It sits on a plaza connecting C and D

Streets that it shares with the DC Metropolitan Police Department. The Courthouse and its associated green spaces occupy much of the block. The Courthouse is within two blocks of the

Judiciary Square Metro Station, accessed at 441 4th Street, NW.

SmithGroup prepared construction documents for the Mechanical Room 1000 Heating Upgrade in June 2025. Due to funding constraints and additional requirements, the design package shall now to only include the Heating System Upgrade scope.

C.6 REQUIREMENTS / DESCRIPTION OF SERVICES / SCOPE

C.6.1 The work of the project is defined by the drawings, specifications, and standards outlined attachments J.21, J.22, and J.23.

C.6.2 It is a requirement that the Contractor must provide and be responsible for all components not supplied by Owner; the Contractor is to be the single point of accountability and the responsible party for the entire system in accordance with the Contract Documents.

C.6.3 The Contract Documents forms the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification.

C.6.4 Services shall include survey and abatement of hazardous materials. The allowance in the

Miscellaneous section of schedule K.1 does not include the cost of the hazardous material survey. Unit costs shall be included in Schedule K.2.

C.6.6 The work area must be kept free and clear of all debris. The contractor shall leave work site clean and clear of any work debris, materials, supplies, tools, or equipment associated with this project.

Access to the facility or driving right-of-way’s in the surrounding area shall not be closed off or substantially obstructed for long periods of time.

C.6.7 The contractor shall be responsible for all damage to the Courts property or personal property resulting from actions by contractor employees or equipment during the performance of this contract or while contractor employees are on site.

C.6.8 Organization of the Specifications into divisions, sections and articles, and arrangement of

Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

C.6.9 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings in the District of Columbia.

C.6.10 The Contractor shall keep on the work site a copy of Contract Drawings and Specifications that are current and reflect all approved changes to the design and specifications and shall always give the Contracting Officer, or authorized individuals access thereto. Anything mentioned in the Specifications but not shown on the Contract Drawings or shown on the Contract Drawings but not mentioned in the Specifications shall be of like effect as if shown or mentioned in both.

C.6.11 All Contract requirements are equally binding. Each Contract requirement, whether omitted elsewhere in the document, is binding as though occurring in any or all parts of the Contract.

C.6.12 In case of discrepancy refer to Attachment J.20 Article 1.2.4.2

C.6.13 Any adjustment(s) by the Contractor without a prior determination by the Contracting Officer shall be at his own risk and expense.

C.7 DIVISION OF RESPONSIBLITES

C.7. 1. Contractor Responsibilities: The successful Contractor shall be responsible for performing all the work stipulated in this Solicitation. The scope of work (SOW) includes construction, maintenance during construction, site security, temporary structures and utilities, health and safety of the public, workers and subcontractors, project management, project scheduling, quality control/quality assurance for design and construction, materials sampling and testing, obtaining trade permits, coordination and design assistance for removal, clean up, and disposal of all unnecessary materials, as well as coordinating with The Courts and the appropriate designated Construction Manager.

C.7.2. Construction Manager, (CM): A CM will be assigned to represent The Courts as the onsite representative that will perform oversight responsibilities, which include management and construction oversight activities of the Contractor’s operations and ensure that the final project results satisfy the Court’s and that the Contractor meets the contract requirements. The CM oversees, informs and advises The Courts of the Contractor’s conformance or not with the contract requirements.

C.7.3 Quality Assurance, (QA): The QA inspector is the Courts designated key on- site representative responsible for monitoring the daily construction activities, performing periodic inspection as required and assuring that the GC is meeting the quality requirements of the project contract documents (drawings and specification), applicable codes, and/or standards.

C.7.4. Owner: The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in this document, the Architect and Construction Manager do not have such authority. The term

"Owner" means the Owner or the Owner's authorized representative. The term “Court” shall depending on how that term is defined elsewhere in this contract, mean the Superior Court of the District of Columbia, the District of Columbia Court of Appeals, or the District of Columbia

Court System. The term “District of Columbia Government” shall mean all the branches of the government of the District of Columbia, including the District of Columbia Courts.

C.7.5. Contracting Officer: The DC Courts’ Court Contracting Officer who has the appropriate contracting authority is the only DC Courts official authorized to contractually bind the DC

Courts through signing contract documents.

C.7.6. Contracting Officer’s Technical Representative (COTR): The COTR is responsible for general administration of the contract and advising the Contracting Officer as to the Offeror’s performance or nonperformance of the contract requirements. In addition, the COTR is responsible for the day-to-day monitoring and supervision of the contract.

C.8 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY

CONTRACTOR

C.8.1 Since the Contract Documents are complementary, before starting each portion of the Work, the

Contractor shall carefully study and compare the various Drawings and other Contract

Documents relative to that portion of the Work, as well as the information furnished by the

Owner, shall take field measurements of any existing conditions related to that portion of the

Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the

Owner and Construction Manager as a request for information in such form as the Owner may require.

C.8.2 The exactness of grades, elevations, dimensions, or locations given on the Construction

Documents, or the work installed by other contractors, are not guaranteed by the Owner. The

Contractor shall, therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions, and locations. In all cases of interconnection of its Work with existing or other work, it shall verify at the site all grades, elevations, dimensions relating to such existing or other work. Any errors due to the Contractor’s failure to so verify all such grades, elevations, dimensions or locations shall be promptly rectified by the Contractor without any additional cost to the Owner.

C.8.3 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Owner, but it is recognized that the Contractor's review is made in the

Contractor's capacity as a Contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents.

C.8.4 ORDER OF PRECEDENCE

A conflict in language shall be resolved by giving precedence to the document in the highest order of priority that contains language addressing the issue in question. The following documents are incorporated into the contract by reference and made a part of the contract in the following order of precedence:

(1) An applicable Court Order, if any

(2) Contract /Task Order Award document

(3) Standard Contract Provisions

(4) General Conditions of the Contract for Construction

(5) Contract attachments other than the Standard Contract Provisions

(6) IFB, as amended

(7) BAFOs (in order of most recent to earliest)

(8) Proposal/Bid

C.9. SUPERVISION AND CONSTRUCTION PROCEDURES

C.9.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the

Work under the Contract.

C.9.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors.

C.9.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work.

C.9. 4 Should the Contractor cause damage to work or property of The Court’s or to other work at the site, the Contractor shall promptly remedy such damage, at no additional cost to Employer.

C.9.5 Upon award of the contract and approval of the performance schedule, by the Contracting

Officer’s Technical Representative (COTR), the Contractor shall begin construction on the date established in the Agreement.

C.10. LABOR AND MATERIALS

C.10.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether incorporated or to be incorporated in the Work.

C.10.2 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Owner and in accordance with a Change Order.

C.10.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. The

Contractor shall only employ or use labor in connection with the Work capable of working harmoniously with all trades, crafts and individuals associated with the Project. The

Contractor shall use its best efforts to minimize the likelihood of any strike, work stoppage or other labor disturbance. Davis Bacon Act reference and state correct regulation

C.10.4 No materials furnished by the Owner shall be applied to any other use, public or private, then that for which they are issued to the Contractor. The full amount of the cost to the

Owner of all materials furnished by the Owner to the Contractor and for which no charge is made, which are not accounted for by the Contractor to the satisfaction of the Contracting

Officer, will be charged against the Contractor and his sureties and may be deducted from any moneys due the Contractor, and this charge shall be in addition to and not in lieu of any other liabilities of the Contractor whether civil or criminal. Materials furnished by the

Owner for which a charge is made at a rate mentioned in the specifications will be delivered to the Contractor upon proper requisitions therefore and will be charged to his account.

C.10. 5 Should the Contractor cause damage to work or property of the Courts or to other work at the site, the Contractor shall promptly remedy such damage, at no additional cost to

Employer.

C.10.6 Upon award of the contract and approval of the performance schedule, by the Contracting

Officer’s Technical Representative (COTR), the Contractor shall begin construction on the date established in the Agreement.

C.11 SITE ACCESS

C.11.1 A lay-down area in the Moultrie garage will be provided;

C.11.2 No parking will be provided.

C.12 DEVIATIONS AND SUBSTITUTIONS TO THE ACCEPTED DESIGN

Owner approval is required for any proposed deviation or substitution from the accepted design which still complies with the contract before the Contractor is authorized to proceed with material acquisition or installation. The Owner reserves the right to non-concur with any deviation from the design, which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed and concurred design.

C.12.1 Unless prohibited or provided for otherwise elsewhere in the Contract, where the accepted contract proposal named products, systems, materials or equipment by manufacturer, brand name and/or by model number or other specific identification, and the Contractor desires to substitute manufacturer or model after award, submit a requested substitution for Owner concurrence. Include substantiation, identifying information and the COR's approval, as meeting the contract requirements and that it is equal in function, performance, quality and salient features to that in the accepted contract proposal. If the Contract otherwise prohibits substitutions of equal named products, systems, materials or equipment by manufacturer, brand name and/or by model number or other specific identification, the request is considered a "variation" to the contract.

C.12.2 In addition to the above stated requirements for proposed deviations to the accepted design, both Designer of Record and Owner’s Approval and, where applicable, a contract modification are required before the Contractor is authorized to proceed with material acquisition or installation for any proposed variation to the contract (the solicitation and/or the accepted proposal), which constitutes a change to the contract terms. Within the terms of the Contract Clause entitled, "Specifications and Drawings for Construction," they are considered to be "shop drawings." The Owner reserves the right to accept or reject any such proposed deviation at its discretion.

C.13 SUBMITTALS

Prior to beginning any work at the Site, Contractor shall submit and obtain the Court’s acceptance for each of the following:

1. Preconstruction Survey and Photographs

2. Quality Control Plan

3. Corporate/Site Specific Safety Plan

4. Preliminary Schedule

5. Schedule of Values

[END OF SECTION C]

SECTION D: PACKAGING AND MARKING

D.1 The packaging and marking requirements for this contract shall be unless otherwise specified, all documents prepared and submitted by the Contractor to the DCC under this contract shall include the following information on the cover page of each document:

a) Name and business address of the contractor

b) Contract number

c) Contract Title

d) Task Order Number and Description

e) Point of Contact

f) Date of transmittal

[END OF SECTION D]

SECTION E: INSPECTION AND ACCEPTANCE OF CONSTRUCTION

E.1 (a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

E.2 (b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Owner. All work shall be conducted under the general direction of the

Contracting Officer and is subject to Owner inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

E.3 (c) Owner inspections and tests are for the sole benefit of the Owner and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Owner after acceptance of the completed work under paragraph (i) of this section.

E.4 (d) The presence or absence of an Owner inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

E.5 (e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as

Request for Proposal DCSC-25-IFB 102 H. Carl Moultrie Courthouse Mechanical Room

Heating Upgrades may be required by the Contracting Officer. The Owner may charge to the

Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Owner shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

E.6 (f) The Contractor shall, without charge, replace or correct work found by the Owner not to conform to contract requirements, unless in the public interest the Owner consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

E.7 (g) If the Contractor does not promptly replace or correct rejected work, the Owner may:

(1) By contract or otherwise, replace or correct the work and charge the cost to the

Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

E.8 (h) If, before acceptance of the entire work, the Owner decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

E.9 (i) Unless otherwise specified in the contract, the Owner shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the

Owner’s rights under any warranty or guarantee.

E.10 If any of the services do not conform to the contract requirements, the Courts may require the

Contractor to perform the services again in conformity with the contract requirements, at no increase in the contract amount. When the defects in services cannot be corrected by performance, the Courts may:

A) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

B) Reduce the contract price to reflect the reduced value of the services performed.

E.11 If the Contractor fails to promptly perform the services again or take the necessary action to ensure future performance in conformity with the contract requirements, the Courts may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the

Courts that is directly related to the performance of such service or (2) terminate the contract for default.

E.12 For a complete review of all General Provisions Applicalbel to the District of Columbia Courts

Contracts please see Attachement J.1

[END OF SECTION E]

SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT

F.1.1 The term of the contract shall be for a period of two-hundred and forty (240) calendar days from the date of the Notice to Proceed signed by the Contracting Officer. Should extension to the contract term be required, the Courts, at its discretion, will modify the existing contract to extend the contract period. The anticipated period of performance is September, ?? 2025 through September, ?? 2026.

F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT

F.2.1 The Court may extend the term of this contract period, by written notice to the Contractor before the expiration of the contract; provided that the Court will give the Contractor preliminary written notice of its intent to extend by providing a Bilateral agreement between contractor and the Contracting Officer prior to expiration of the contract.

F.3 DELIVERABLES

The Contractor shall perform the activities required to successfully complete the Court’s requirements and submit each deliverable to the Contract Administrator (COTR) identified in section G.9.7 in accordance with the following:

Deliverable

Quantity Format/Method of

Delivery

Due Date

1 Preliminary Schedule 1 Electronic 14 calendar days after NTP

2 Baseline Schedule 14 calendar days after acceptance of Preliminary

Schedule

3 Site-Specific Safety Plan 1 Electronic 14 calendar days after NTP

4 Schedule Update Various Electronic 10th of each Month

5 Quality Control Plan 1 Electronic 14 calendar days after NTP

6 Preconstruction Survey and

Photographs

1 Electronic 14 calendar days after NTP

F.4 REPORTING REQUIREMENTS AND COMMUNICATION

F.4.1 Refer to Project Manual the following Attachment J.23 Project Manual, Division 1

Specifications in Attachment

F.4.2 The Contractor shall submit Monthly Reports and a Final Report as follows:

(a) Monthly Reports: The Contractors shall provide to the COTR, through the CM, within 5 days after the end of each month and as a condition for progress payment, a report on the activities undertaken during the month. The monthly report should seek to be a brief yet precise, description of the activities, with emphasis on issues that have arisen, impacts made, constraints and problems encountered, and proposals for remedial action to be taken. The monthly report should also include the Contractor’s accrued monthly expenditures, a summary of invoices, a timeline, progress photos, and an updated schedule. The final format for the monthly report is to be agreed upon between the Contractor and the COTR. Two copies of the

Monthly Report shall be submitted. One (1) copy to the Administrative Services Division and one (1) to the Contracting Officer Technical Representative (COTR).

During any delay in furnishing a Monthly Report required under this contract, the CM may recommend the withholding from payment an amount not to exceed 10 percent (10%) of the amount of the monthly progress payment, until such time as the Contracting Officer determines that the delay no longer has a detrimental effect on the Owner's ability to monitor the Contractor's progress.

(b) Final Report: The Contractor shall prepare a Final Report that matches accomplishments to the specific items in the Scope of Work. The content and submittal date of the Final Report is to be agreed upon between the Contractor, CM, and the COTR.

The Court reserves the right to adjust the level of reporting during the performance of this contract.

The Contractor shall perform the activities required to successfully complete the Courts requirements and submit each deliverable to the Contracting Officer’s Technical

Representative (COTR), through the CM, identified in section G.9 of this contract IFB.

F.4.3 All deliverables shall be in a form and manner acceptable to the Courts. The Contractor shall furnish office supplies, materials, equipment, and employees required to meet and perform the requirements of this Contract.

F.5 TIME:

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

F.5.1 AUTHORIZED WORKDAY / WEEK

F.5.2 The Contractor should build their construction schedule reflect weekday work from 6 PM to 6

AM (Monday-Friday). Some work will be required to be performed on the weekend. Weekend work will require a work plan to be submitted and approved in advance. Weekend hours are typically 7 AM-7 PM unless limited or prohibited by Court's weekend activities.

F.5.3 Legal holidays: No work shall be done at any time on legal holidays.

New Year’s Day Independence Day

Birthday of Martin Luther King, Jr Labor Day

President’s Day Indigenous Peoples' Day

Inauguration Day Veterans Day

D.C. Emancipation Day Thanksgiving Day

Memorial Day Christmas Day

Juneteenth National Independence Day

F.5.4 Weekend and Weekday Overtime work hours; contractor must advise and receive approval from

COTR prior to need for overtime hours and coordinate with security. Security is also needed for entrance into any secure area.

[END OF SECTION F]

SECTION G: CONTRACT ADMINISTRATION

G.1 INVOICE PAYMENT

G.1.1 The Courts will make invoice payments under the terms and conditions specified in the contract.

The Contractor will be compensated upon completion and acceptance of the work as specified in the contract. Payments shall be considered as being made on the day a check is dated or the date of an electronic funds transfer. The contractor shall be compensated as set forth below.

G.1.2 Effective June 8, 2018 all invoices and payment request shall be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform (IPP) System using the “Bill to Agency” of Interior Business Center-FMD. The IPP website address is https://www.ipp.gov. In addition, it is the vendors’ (contractors’) responsibility to be System for Awards Management (SAM) registered and in IPP. The vendors (contractors) must be SAM registered in order to register in IPP. The SAM website address is https://www.sam.gov.

G.1.3 After contract and purchase order award, in order to receive payment, the Contractor must use the IPP website to register, access, and use IPP for submitting all invoice requests for payment(s). Assistance with enrollment can be obtained by contacting the IPP Production

Helpdesk via email at IPPCustomerSupport@discal.treasury.gov or by phone (866) 973-3131.

G.1.4 Payment request means any request for contract financing payment or invoice payment by the

Contractor. To constitute a proper invoice, at a minimum, the Contractors’ electronic invoice shall include the following information:

• Name and address of the Contractor,

• The purchase order number,

• Invoice date,

• Invoice number,

• Name of the Contracting Officer Technical Representative (COTR),

• COTR email address, and

• Description, quality, unit of measure and extended price of the services or supplies rendered.

G.1.5 Once the electronic invoice has been submitted through IPP, no later than 2 business days from the electronic submission, the Contractor must email and/or mail to the COTR a copy of the electronic invoice along with all the required supporting documentation as stated in the contract.

G.1.6 The Contracting Officer’s Technical Representative (COTR) shall review each electronic invoice for certification of receipt of satisfactory services prior to authorization of payment.

https://www.ipp.gov/ https://www.sam.gov/ mailto:IPPCustomerSupport@discal.treasury.gov

G.1.7 The invoice form is to be submitted in the template form provided in attachment J.28.

(1) The invoice shall include a certification, signed by an authorized representative of the

Contractor, as follows:

The undersigned hereby certifies to the best of my knowledge and belief that the fiscal report and any attachments have been prepared from the books and records of the

Contractor in accordance with the terms of this contract and are correct: the sum claimed under this contract is proper and due, and all the costs of contract performance (except as herewith reported in writing) have been paid, or to the extent allowed under the applicable payment clause, will be paid currently by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and the quantities and amounts involved are consistent with the requirements of this Contract; all required

Contracting Officer approvals have been obtained; and appropriate refund to The Court will be made promptly upon request in the event of disallowance of costs not reimbursable under the terms of this contract.

BY:______________________________________

TITLE:___________________________________

DATE: ___________________________________

G.2 Prompt Payment Act

G.2.1 The Courts will pay interest (late charge) on each electronically receipted and approved invoice pursuant to the Prompt Payment Act, 31 U.S.C. 3901 et seq.

G.2.2 Tax Exempt

G.2.1 The Courts is exempt from taxation pursuant to D.C. Code 47-2005(1).

G.3 BILLING/ PAYMENT CERTIFICATION

G.3.1 Payment to the Contractor for services satisfactorily performed shall be made by the

Courts once the Contractor’s certified invoice has been approved by the COTR, or in the case of a dispute, subject to final determination by the Contracting Officer.

G.3.2 Based upon Applications for Payment submitted to the Courts by the Contractor, the Courts shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

G.3.3 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month.

G.3.4 Notwithstanding any other payment terms in this contract, the Courts will make invoice payments under the terms and conditions in accordance with the Court's policies. The

Courts shall make progress payments monthly as the work proceeds or at more frequent intervals as determined by the Contracting Officer, based on percentages of work accomplished which meets the standards of quality established under the contract, as approved by the

Contracting Officer.

(1) The Contractor’s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in the form and detail required by the Contracting Officer.

(vi) The release of Lien from General Contractor & 2nd tier releases from Sub-subs.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the

Contractor at locations other than the site also may be taken into consideration if --

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(3) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: See Attachment J.9

Payment to Subcontractors and Suppliers Certificate form and submit to the

Contracting Officer.

G.3.5 Each Application for Payment shall be based on the most recent approved cost loaded schedule submitted by the Contractor in accordance with the Contract Documents. The following requirements apply to the approved cost loaded schedule:

1. This schedule shall allocate the entire Contract Sum among the various portions of the

Work;

2. The approved cost loaded schedule shall be prepared in such form and supported by such data to substantiate its accuracy as the Courts may be required to perform an earned value management analysis;

3. This schedule, unless objected to by the Courts, shall be used as a basis for reviewing the

Contractor's Applications for Payment.

4. The contractor should thoroughly review their cost-loaded schedule prior to submission to the Courts to ensure the identified costs accurately reflect the true costs of each cost-loaded activity.

G.3.6 In the event DC Courts choose to delete specific portions of work, these identified and approved costs will be the firm costs deleted from the contract scope of work. The contractor will not be allowed to modify these costs later when determining potential contract cost credits.

G.3.7 Applications for Payment shall indicate the percentage of completion of each portion of the work as of the end of the period covered by the Application for Payment.

G.3.8 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the

Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent (10.00%) to be modified. Pending final determination of cost to the

Contracting Officer of changes in the Work, amounts not in dispute shall be;

2. And that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent (10.00%);

3. Subtract the aggregate of previous payments made by the Owner; and

4. Subtract amounts, if any, for which the Courts has withheld or nullified a Certificate for

Payment.

G.3.9 The progress payment amount determined shall be further modified under the following circumstances:

1. And, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Courts and CM shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and

2. And, if final completion of the Work is thereafter materially delayed through no fault of the

Contractor, any additional amounts.

G.3.10 Reduction or limitation of retainage, if any, shall be as follows:

G.3.11Until the contract completion, the retainage will be held at ten percent (10.00%) of the earned value of the work completed to date.

G.3.12 Except with the Court's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. A contractor request which includes payment for project material stored at a location other than the project site will not be approved until the contractor meets the off-site material storage requirements as indicated by DC Courts.

G.3.13 Contractor’s certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the…