DCSC-25-IFB-115 Snow and Ice removal services Final.pdf

a0SOLICITATION, OFFER, AND AWARD Campus-Wide Snow & Ice Removal and Snow Melt Services

Page of Pages

1 53

2. Reference Number

3. Solicitation Number

DCSC-25-IFB-115

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

5. Date Issued

09-02-2025

6. Type of Market Open Set Aside

7. Issued By

District of Columbia Courts Capital Project Facilities Management Division 510 4th Street., Room 317 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 site walk will be held Monday, September 8, 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, September 4, 2022@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 _60 __calendar days after contract award. The Contractor shall achieve Final Completion within _365_ days after receiving the Notice to Proceed.

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

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

12. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers an original, and __2__ copies to perform the work required are due at the place specified in Item 8 by Tuesday, September 23, 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 26

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

X C Specifications/Work Statement 6 X J List of Attachments 40

X D Packaging and Marking 8 PART IV – REPRESENTATIONS AND INSTRUCTIONS

X E Inspection and Acceptance 9 X

K

Representations, certification and other statements of Contractors

X F Deliveries or Performance 10

X G Contract Administration Data 13 X L Instructions, conditions & notices to Contractors

X H Special Contract Requirements 23 X M Evaluation factors for award 53

15. In conjunction with the above, the undersigned agrees, if this offer is accepted within _____60________ 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

Campus-Wide Snow & Ice Removal and Snow Melt Services.

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

B.3 SERVICES

B.3.1 In general, the Contractor shall provide all management, tools, supplies, equipment, storage, vehicles and labor necessary to perform the required snow & ice removal and snow melt services for the specified District of Columbia Courts facilities (“Services”) on a twenty-four

(24) hours a day, seven (7) days a week basis. The intent of this contract is to combat adverse weather conditions in a comprehensive, proactive, and orderly manner that results in a high level of quality and safety for the DCC visitors and employees. public.

B.3.2 Snow Melt Services

At the direction of DGS Contracting Officer’s Technical Representative (COTR), prior to the start of a Storm, the Contractor shall mobilize and take the appropriate action to include providing snow melt services on all concrete pedestrian and vehicular travel areas including, without limitation, (i) sidewalks, stairways, ramps, and parking lots with snow melt materials suitable for such surfaces, and

(ii) all asphalt surfaces with snow melt materials suitable for asphalt surfaces

(collectively, “Snow Melt Services”). The Contractor will be expected to perform one or more Passes of Snow Melt Services to such pedestrian and vehicular areas, as directed by DCC during a particular Storm.

B.3.3 Snow and Ice Removal

Section 3.3.1 General

The Contractor shall maintain the Targeted Properties (to which it is awarded) free from all hazardous conditions that may develop from ice or snow including, without limitation, all entrances, steps, moats, landings, sidewalks, ramps, vehicular courts, parking areas and other approaches (“Snow/Ice Removal Services”). All areas involving vehicular or pedestrian travel, including without limitation, sidewalks, stairways, ramps, and parking lots shall be clear of all snow and ice at least one (1) hour prior to the beginning of business hours and, as needed, throughout the duration of the Storm. The Contractor will be expected to perform one or more Passes of Snow/Ice Removal Services to such

Targeted Properties, as directed by DCC during a particular Storm.

Section 3.3.2 Project Management Plan

The Contractor will be required to perform all of its Services hereunder consistent with the requirements outlined in this RFP and the Project Management Plan attached hereto as Attachment A. As part of its submission, each offeror is required to sign, date and deliver (as part of its proposal) the signed Project Management Plan. The Contractor must completely fill out, and deliver as part of its submission, all information responsive to the charts located at the end of the Project Management Plan (including snow removal contact list, truck & equipment list, snow blowers, heavy equipment inventory and miscellaneous equipment). After selection, DCC reserves the right, at any time, to make modifications to the Project Management Plan in order to maximize efficient operations or to customize it to the particular needs of each Targeted Property or Property Group.

After notice of such modifications by DCC, the Contractors shall be required to perform its Services in compliance with the Project Management Plan, as modified.

Section 3.3.3 Non-Interference

The Contractor shall coordinate its work so as to not interfere with DCC functions including, but not limited to, the Balanced and Restorative Justice (BARJ) initiatives or programs within the juvenile justice system. Adequate notice shall be provided by the

Contractor to DCC in the event that government vehicles will need to be cleared from parking lots in order for the Contractor to provide Snow Melt Services and Snow/Ice

Removal Services.

B3.4 Prioritization Excessive Acculumation

Section 3.4.1 Priority 1 Properties

For those Targeted Properties identified as having a “Priority 1” rating on Attachment B, unless instructed by DCC to commence operations earlier, all snow and/or ice removal operations should begin upon the first to occur: (i) when accumulation exceeds ½ inch, or

(ii) within one (1) hour after the precipitation ceases. With respect to any Targeted

Property identified as having a “Priority 1” rating, the Contractor must remove all snow and ice from, and maintain a clear passage to, from and along, all areas involving vehicular or pedestrian travel including, without limitation, sidewalks, stairways, ramps, and parking lots. In the case of a Storm resulting in 12” or more of snow/ice accumulation, (i) during such Storm, the Contractor shall ensure that there exists a pedestrian pathway that is a minimum of three (3) feet wide, and is kept free of any snow and/or ice accumulation, and (ii) after any such Storm, the Contractor shall ensure that the entire pedestrian pathways are completely cleared of all snow and/or ice accumulation. In the event of a snow resulting in less than 12” of snow/ice accumulation, the Contractor shall ensure that the entire pedestrian pathways are completely cleared of all snow and/or ice accumulation. For purposes of determining the total amount of snow and/or ice accumulation during a given Storm, DCC shall make its determination based upon weather reporting, in Washington, DC, from the National Weather Services.

Section 3.4.2 Priority 2 and Priority 3 Properties

With respect to any Targeted Property identified as having a “Priority 2” or “Priority 3” rating, after performing required services to all “Priority 1” rated facilities, the Contractor must remove all snow and ice from, and maintain a clear passage to, from and along, all areas involving vehicular or pedestrian travel including, without limitation, sidewalks, stairways, ramps, and parking lots. Unless directed otherwise by DCC, the Contractor shall be required to commence Services for “Priority 3” properties only after it has first performed any required Services for “Priority 2” properties.

Section 3.4.2 Excess Sand/Material/Snow

The Contractor shall be responsible for clearing all excess sand or other snow melt material from treated areas. If not all snow and/or ice are removed from a facility area, Contractor shall be responsible, after a Storm, for providing daily maintenance in order to prevent piles or drifts on paved surfaces. Such maintenance shall include the pushing back of snow piles to create additional snow storage with bobcats and/or tractors. Such efforts by the Contractor shall continue until instructed to “Stand Down” by the COTR.

selection, DCC reserves the right, at any time, to make modifications to the Project

Management Plan in order to maximize efficient operations or to customize it to the particular needs of each Targeted Property or Property Group. After notice of such modifications by DCC, the Contractors shall be required to perform its Services in compliance with the Project Management Plan, as modified.

Section 3.4.3 Non-Interference

The Contractor shall coordinate its work so as to not interfere with DCC functions including, but not limited to, the Balanced and Restorative Justice (BARJ) initiatives or programs within the juvenile justice system. Adequate notice shall be provided by the Contractor to DCC in the event that government vehicles will need to be cleared from parking lots in order for the

Contractor to provide Snow Melt Services and Snow/Ice Removal Services.\

B3.5 Prioritization Normal Accumalation

Section 3.5.1 Priority 1 Properties

For those Targeted Properties identified as having a “Priority 1” rating on Attachment B, unless instructed by DCC to commence operations earlier, all snow and/or ice removal operations should begin upon the first to occur: (i) when accumulation exceeds ½ inch, or

(ii) within one (1) hour after the precipitation ceases. With respect to any Targeted Property identified as having a “Priority 1” rating, the Contractor must remove all snow and ice from, and maintain a clear passage to, from and along, all areas involving vehicular or pedestrian travel including, without limitation, sidewalks, stairways, ramps, and parking lots. In the case of a Storm resulting in 12” or more of snow/ice accumulation, (i) during such Storm, the Contractor shall ensure that there exists a pedestrian pathway that is a minimum of three

(3) feet wide, and is kept free of any snow and/or ice accumulation, and (ii) after any such

Storm, the Contractor shall ensure that the entire pedestrian pathways are completely cleared of all snow and/or ice accumulation. In the event of a snow resulting in less than 12” of snow/ice accumulation, the Contractor shall ensure that the entire pedestrian pathways are completely cleared of all snow and/or ice accumulation. For purposes of determining the total amount of snow and/or ice accumulation during a given Storm, DCC shall make its determination based upon weather reporting, in Washington, DC, from the National Weather

Services.

Section 3.5.2 Priority 2 and Priority 3 Properties

With respect to any Targeted Property identified as having a “Priority 2” or “Priority 3” rating, after performing required services to all “Priority 1” rated facilities, the Contractor must remove all snow and ice from, and maintain a clear passage to, from and along, all areas involving vehicular or pedestrian travel including, without limitation, sidewalks, stairways, ramps, and parking lots. Unless directed otherwise by DGS, the Contractor shall be required to commence Services for “Priority 3” properties only after it has first performed any required Services for “Priority 2” properties.

Section 3.5.3 Excess Sand/Material/Snow

The Contractor shall be responsible for clearing all excess sand or other snow melt material from treated areas. If not all snow and/or ice are removed from a facility area, Contractor shall be responsible, after a Storm, for providing daily maintenance in order to prevent piles or drifts on paved surfaces. Such maintenance shall include the pushing back of snow piles to create additional snow storage with bobcats and/or tractors. Such efforts by the Contractor shall continue until instructed to “Stand Down” by the COTR.

B.3.6 Additional Targeted Properties.

Newly Acquired Properties

As noted above, if instructed by DCC, a Contractor shall be required to perform Services to any Newly Acquired Properties (i.e., any property that DCC has subsequently acquired responsibility for, after an award made hereunder, (that DCC desires to include within a particular Contractor’s awarded Property Group(s). The pricing for performing such

Services shall correlate to the unit rates for the option year the property was added

Section B.3.6.1 Notification Pre-Storm or During Storm

Pre-Storm or During a Storm, if DCC so informs a Contractor that a Newly Acquired

Property has been added to such Contractor’s Property Group, then the Contractor shall be required to provide Services based upon the hourly rate submitted in its proposal for

Additional Targeted Properties during a given Storm. After the end of such Storm, the

Contractor shall be required to promptly submit its pricing quote to DCC for servicing such property in a manner contemplated by the immediately preceding section.

B3.7 Damages

The Contractor shall not injure, damage, or destroy DCC property. The Contractor shall be held responsible for all damage it may cause to DCC properties, any third parties, or any properties of such third parties, in any way related to the performance of Services hereunder

(including the operation of its’ equipment or the application of chemicals for ice and snow removal). All chemicals used by the Contractor shall be in accordance with Applicable

Laws. The Contractor shall only use environmentally and pet-friendly ice-melt products (on concrete only) and sand (on asphalt only).

B3.8 Vehicular Identification

The Contractor shall ensure that all of its vehicles used in the performance of its services hereunder are clearly identified. Each vehicle shall have signage that prominently displays the Contractor’s company name on both the driver and passenger side doors. Such signage shall be of a size that is highly visible to public. Equipment that has no doors shall display similar signage in a prominent area on both the left and right side of the equipment.

In the event that the Contractor fails to display the required signage on its vehicles or equipment, DCC may assess the Contractor administrative liquidated damages, per violation, in the amount of $100 per day, in addition to other damages and remedies availableto DCC. In the event that DCC has assessed any such liquidated damages, it will deduct the amount of such damages from any payments then owed by DCC to the

Contractor.

B.3.9 Equipment

Section 3.9.1 - Adaquacy

The Contractor’s equipment shall be of a quality, size and type suitable for accomplishing the required work. The Contractor’s equipment shall be in good repair and able to operate efficiently and safely..

Section 3.9.2 – Proper Operations

The Contractor’s equipment shall have the proper safety devices maintained at all times while in use. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, DCC shall direct the Contractor to remove such equipment and/or operator until the deficiency is corrected to the satisfaction of the District.

Section 3.9.3 - Inspection

DCC may inspect the Contractor’s equipment and tools at any time.

B.4 PRICE SCHEDULE:

Reference Attachment K

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 snow and ice removal services as specified in this solicitation.

The Contractor will perform services at the following locations:

1. 410 E Street – Third Floor Data Center FM 200 system

2. H. Carl Moultrie Courthouse - 500 Indiana Ave. NW (Priority 1)

3. H. Carl Moultrie Courthouse – 501 C St., NW (Priority 1)

4. Court of Appeals – 430 E St., NW (Priority 2)

5. Building C – 410 E St., NW (Priority 2)

6. Building B – 510 4th St., NW (Priority 3)

7. Building B Parking lots (north & south) – 510 4th St., NW (Priority 3)

8. Building A – 515 5th St., NW (Priority 3)

9. Building A Parking Lots (north & south) - 515 5th St., NW (Priority 3)

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

Attachment

A

DC Courts Project Manual – Attachment A 7/28/2025

Attachment

B

DC Courts Property Prioritization Schedule 7/28/2025

Attachment

C

DC Courts Snow Removal Limits 7/28/2025

K DC Courts Offer Breakdown Sheet

[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

E.1 INSPECTION OF SERVICES

E.1.1 “Services” as used in this clause includes services performed, workmanship, and material furnished or utilized in the performance of services.

E.1.2 The Contractor shall provide and maintain an inspection system acceptable to the Courts covering the services under this contract.

E.1.3 The Courts has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Courts will perform inspections and tests in a manner that will not unduly delay the work.

E.1.4 If the Court performs inspections or tests on the premises of the Contractor or subcontractor, the

Contractor shall furnish, without additional charge, all reasonable facilities and assistance for the safety and convenient performance of these duties.

E.1.5 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, Courts may:

Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and reduce the contract price to reflect the reduced value of the services performed.

E.1.6 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, 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.

[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 RFP.

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 certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that—

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime

Contractor intends to withhold or retain from a subContractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

(Name)

(Title)

(Date)

G.3.14 Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the “unearned amount”), the Contractor shall—

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Owner an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until—

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

G.3.15 Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Owner, but this shall not be construed as—

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Owner to require the fulfillment of all of the terms of the contract.

G.3.16 Reimbursement for bond premiums. In making these progress payments, the Owner shall, upon request, reimburse the Contractor for the amount of premiums paid for performance payment and warranty bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

G.4 FINAL PAYMENT

G.4.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the

Courts to the Contractor when:

1. The Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided Section C and all other applicable incorporated documents, and to satisfy other requirements, if any, which extend beyond final payment; and

2. A final Certificate for Payment has been issued by the Courts.

3. Neither final payment nor any remaining retained percentage shall become due until the

Contractor submits to the Owner:

i. an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied,

ii. a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, G.5 PAYMENT TO SUBCONTRACTORS

G.5.1 The Contractor must take one of the following actions within seven (7) days of receipt of any amount paid to the Contractor by the Courts for work performed by any subcontractor under this contract:

a) Pay the subcontractor for the proportionate share of the total payment received from the

Courts that is attributable to the subcontractor for work performed under the contract; or

b) Notify the Courts and the subcontractor, 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.5.2 The Contractor must pay any subcontractor or supplier interest penalties on amounts due to the subcontractor or supplier beginning on the day after the payment is due and ending on the date on which the payment is made. Interest shall be calculated at the rate of 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 15th day after the required payment date for any other services.

G.5.3 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.5.4 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 Courts is a party. The Courts may not be interpleaded in any judicial or administrative proceeding involving such a dispute.

G.5.5 Subcontract requirements

G.5.5.1 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.

G.6 AUDITS

G.6.1 At any time or times before final payment and three (3) years thereafter, the Contracting Officer may have the Contractor’s invoices or vouchers and statements of costs audited. Any payment may be reduced by amounts found by the Contracting Officer not to constitute allowable costs as adjusted for prior overpayment or underpayment. In the event that all payments have been made to the Contractor by the Courts and a discrepancy of overpayment is found, the Courts shall be reimbursed for said overpayment within thirty (30) calendar days after written notification.

G.7 CONTRACTING OFFICER AND CONTRACTING OFFICER’S TECHNICAL

REPRESENTATIVE (COTR)

G.7.1 Contracting Officer. The District of Columbia Courts’ Contracting Officer who has the appropriate contracting authority is the only Courts official authorized to contractually bind the Courts through signing contract documents. All correspondence to the Contracting Officer shall be forwarded to:

Contracting Officer

Mr. Herbert Rousan

District of Columbia Courts 500 Indiana Ave., NW Suite 600 Washington, D.C. 20001

G.7.2 Contracting Officer’s Technical Representative (COTR):

The COTR is responsible for general administration of the contract and advising the Contracting

Officer as to the Contractor’s performance or non-performance of the contract requirements. In addition, the COTR is responsible for the day-to-day monitoring and supervision of the contract.

The COTR shall be:

James P. Vaughan, District of Columbia Courts

Capital Projects and Facilities Management Division

500 Indiana Ave.

Washington, DC 20001

G.8 AUTHORIZED REPRESENTATIVE OF THE CONTRACTING OFFICER

G.8.1 The CO is the only person authorized to approve changes in any of the requirements of this

G.8.2 The Contractor shall not comply with any order, directive or request that changes or modify 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.

a) G.9 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

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

a. Assure that the Contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications.

b. Perform or cause to be performed, inspections necessary in connection with a) above and require the Contractor to correct all deficiencies; perform acceptance for the Owner.

c. Maintain all liaison and direct communications with the Contractor. Written communications with the Contractor and documents shall be signed as "Cognizant

Technical Officer" with a copy furnished to the Contracting Officer.

d. Issue written interpretations of technical requirements of Owner drawings, designs, and specifications.

e. Monitor the Contractor's production or performance progress and notify the Contractor in writing of deficiencies observed during surveillance, and direct appropriate action to effect correction. Record and report to the Contracting Officer incidents of faulty or nonconforming work, delays or problems.

f. Obtain necessary permits and appropriate identification if access to Owner facilities is required. If to be provided, ensure that Owner-furnished property is available when required.

G.9.2 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.9.3 Coordinating site entry for Contractor personnel, if applicable;

G.9.4 Reviewing invoices for completed work and recommending approval by the CO if the

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

G.9.5 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 Courts payment provisions; and

G.9.6 Maintaining a file that includes all contract correspondence, modifications, records of inspections (site, data, equipment) and invoice or vouchers.

G.9.7 The address and email of the COTR is:

James P. Vaughan, District of Columbia Courts

Capital Projects and Facilities Management Division

500 Indiana Ave.

Washington, DC 20001

G.9.8 The COTR shall NOT have the authority to:

1. To 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 Courts property, except as specified in the contract.

G.9.9 THE RESULTANT CONTRACTOR IS HEREBY FOREWARNED THAT ABSENT

THE REQUISITE AUTHORITY OF THE COTR TO MAKE ANY SUCH CHANGES,

CONTRACTOR MAY BE HELD FULLY RESPONSIBLE FOR ANY CHANGES NOT

AUTHORIZED IN ADVANCE, IN WRITING, BY THE CONTRACTING OFFICER,

MAY BE DENIED COMPENSATION OR OTHER RELIEF FOR ANY ADDITIONAL

WORK PERFORMED THAT IS NOT SO AUTHORIZED, AND MAY BE ALSO BE

REQUIRED, AT NO ADDITIONAL COST TO THE COURTS, TO TAKE ALL

CORRECTIVE ACTION NECESSITATED BY REASON OF THE UNAUTHORIZED

CHANGES.

G.10 Substantial Completion

G.10.1 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. The cabling, security, and furniture installations are complete. The DC Courts IT and Telecom vendors can deliver and install their respective equipment and furnishings to bring this project to a final point where it is ready for full Occupancy. For complete definition refer to Attachment

J.20 Section 9.8.

G.11 Final Project Completion and Final Payment

G.11.1 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 Owner and CM will promptly make such inspection and, when the Owner and CM finds the Work acceptable under the Contract

Documents and the Contract fully performed, the Owner will promptly issue a final Certificate for Payment, stating that to the best of the CM's knowledge, information and belief, and on the basis of the CM's onsite 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.

G.