DCSC-25-RFP-015 DCSC Fire Alarm Inspections Maintenance and Assessement Final_3.pdf

a0SOLICITATION, OFFER, AND AWARD DC Courts Fire Alarm Inspections, Preventative

Maintenance and Assessment

Page of Pages

1 49

2. Reference Number

3. Solicitation Number

DCSC-25-RFP-015

4. Type of Solicitation

Sealed Bid (IFB)

Sealed Proposals (RFP)

5. Date Issued

10/29/2024

6. Type of Market

Open

Set Aside

7. Issued By

District of Columbia Courts Capital Project Facilities Management Division

700 6th Street, NW (12th Floor) Washington, DC. 20001

8. Address Offer to:

District of Columbia Courts Administrative Services Division

Procurement and Contracts Branch

700 6th Street, NW (12th Floor) 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-Proposal Conference will be held on Thursday, November 07, 2024, Promptly @ 1:00 PM local time.

Offerors shall provide the following information no later than Tuesday, November 05, 2024, by 3:00 PM Local time for all participants to (e-mail): Kenneth.Evans@dccsystems.gov.

a) Full name of the attendee

b) Name of the company the attendee is affiliated with

c) and email address

B. Site walk will be held on Friday, November 8, 2024, at 10:00 AM local time. All attendees are to meet at the H. Carl Moultrie Courthouse 500 Indiana Avenue main entrance.

10. The Contracting Officer shall issue the Notice to Proceed no later than __90__calendar days after contract award.

11. THE CONTRACTOR MUST FURNISH ANY REQUIRED BID, PERFORMANCE, PAYMENT, AND WARRANTY BONDS

Bid Bond Yes__ __ No_ ___ _NA__% of the total amount of their proposal.

Performance and Payment Bond Yes__ __ No____ _NA _% Within __NA___ Calendar days after receiving the notice to proceed Warranty Bond Yes____ No ___ _NA__% Within _ NA___ Calendar days after final acceptance

12. ADDITIONAL SOLICITATION REQUIREMENTS:

• Sealed offers in original and __3__ copies to perform the work required are due at the place specified in Item 8 by December 02, 2024, at 1:00 PM (date).

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

• A separate electronic copy (USB Drive) of the entire proposal should accompany the package.

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

• 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 for 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@dccsystems.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 25

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 30

X D Packaging and Marking 6 PART IV – REPRESENTATIONS AND INSTRUCTIONS

X E Inspection and Acceptance 7

X

K

Representations, certification and other statements of Contractors

X F Deliveries or Performance 8

X G Contract Administration Data 9 X L Instructions, conditions & notices to Contractors 37

X H Special Contract Requirements 19 X M Evaluation factors for award 47

15. In conjunction with the above, the undersigned agrees, if this offer is accepted within _____15_______ 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 Contract Specialist, Ken Evans, at the mailing address listed on page 1.

SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND

PRICE/COST

B.1 PROCUREMENT OBJECTIVES:

The District of Columbia Courts (Courts or DCC) office of Contracting and Procurement, on behalf of the Capital Projects and Facilities Management Division (CPFMD), is seeking contractors to provide Fire Alarm Life Safety Maintenance and repair Services.

B.2 CONTRACT TYPE:

The Courts contemplate the award of a single fixed-unit contract

B.3 SERVICES

The Contractor shall provide all professional, technical, supervision, labor, materials, and equipment for the Inspection, Testing and Maintenance as per NFPA 25&72 and

Type services shall be Firm-Fixed monthly rate for fire alarm system/apparatus

B.4 PRICING:

A. Attachment K.1 Offeror’s Pricing Schedules list and Fees.

The Fixed-Price Contracts resulting from this RFP shall contain the following types of price and cost components:

a) Inspection, Testing, and Maintenance as per NFPA 25 and 72 type services shall be

Firm-fixed monthly rates for fire alarm systems/apparatus.

i. All services under the firm-fixed monthly rates, are all inclusive and shall be provided in accordance with the service level agreements and standards governed by the National Fire Protection Agency (NFPA) 25 and 72 guidelines or most current as amended and the Scope of Work – Section C.

b) Equipment/Apparatus(s) repairs type services shall be firm fixed direct hourly labor rates.

(i) Firm-fixed Direct Hourly Labor Rates for repair services, on a Time and

Materials basis provided pursuant to the established ordering ceiling limits. Cost of all materials, parts and or supplies shall be furnished to DC

Courts in accordance with the most current RS Means cost estimating data or other recognized estimating reference.

The Firm-Fixed Price type Contracts awarded pursuant to this Request for

Proposal (“RFP”) shall include pricing as defined by the two (2) categories describe in elements below,

(i) Firm-fixed, flat monthly rates for fire alarm equipment inspection, preventative maintenance and assessment type services priced per property as identified in the listed locations.

(ii) Repair type Services, of which the Contractor(s) will receive compensation on a Time and Materials basis. All approved repair services shall be calculated pursuant to the firm-fixed direct hourly labor rates (x) the approved total hours = total labor cost (+) approved itemized material/supply cost.

B.5 AUTHORIZED WORKDAY / WEEK

B.51 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

Washington’s Birthday Indigenous Peoples' Day

Inauguration Day Veterans Day

D.C. Emancipation Day Thanksgiving Day

Memorial Day Christmas Day

Juneteenth National Independence Day

END OF SECTION B

SECTION C: SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE:

The District of Columbia Courts is seeking a qualified licensed contractor who shall provide

Fire Alarm Life Safety Maintenance & Repair Services to be utilized throughout the DC Courts

Capital Project and Facility Management Division of the DC Courts in accordance with Section

C.

C.2 APPLICABLE DOCUMENTS

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

NA

Item No. Document

Type

Title Link Date

1. Web page NFPA 25 https://www.nfpa.org/codes-and-standards

2. Web page NFPA 72 https://www.nfpa.org/codes-and-standards

C.3 DEFINITIONS

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

NA

C.4 BACKGROUND:

C.4.1 The DCC is comprised of the DC Court of Appeals, the DC Superior Court and the DC Court

System. The CPFMD is part of the DC Court System providing shared services to the DC Court of Appeals and the DC Superior Court. The DC Courts currently maintain 1.2 million gross square feet (GSF) of space within five (5) Courts-owned buildings in Judiciary Square and the grounds. Courts’ Judiciary Square campus is comprised of the following five (5) Courts buildings and an underground garage:

C.4.2 The Contractor will perform services at the following locations:

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

2. 500 Indiana Ave.- Indiana Ave Control/Server Room FM 200 system

3. 500 Indiana Ave.- Parking Level Telecom. Room Dry Pipe system

4. 500 Indiana Ave. – C Level Server Room FM 200 system

5. 500 Indiana Ave. – Parking Garage Dry Pipe System

6. 430 E Street – Parking Garage Dry Pipe System

7. 500 Indiana Ave Carl Moultrie Building

8. 515 5th St. Building A

9. 510 4th St. Building B

10. 410 E St. Building C

11. 430 E St. Building D

12. 449 5th St. SW Garage https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.nfpa.org%2F&data=05%7C01%7CKenneth.Evans%40dccsystem.gov%7C615d489bf8ce4ef935a108db7cfbe1a8%7Cef135c776b1b43b587251be2a36c1e9e%7C0%7C0%7C638241193514188069%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=WagDbO2jSCPs47F3Sh%2BwJAy1WeYT9OTDZs%2FNfPhkNDQ%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.nfpa.org%2F&data=05%7C01%7CKenneth.Evans%40dccsystem.gov%7C615d489bf8ce4ef935a108db7cfbe1a8%7Cef135c776b1b43b587251be2a36c1e9e%7C0%7C0%7C638241193514188069%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=WagDbO2jSCPs47F3Sh%2BwJAy1WeYT9OTDZs%2FNfPhkNDQ%3D&reserved=0

13. 2575 Reed St. NE

14. 4211 9th St. NW

15. 6217 Columbia Park Rd. Hyattsville, MD

16. BARJ 920 Rhode Island Ave NE

17. BARJ 1201 South Capital St. SW

18. 1215 South Capital St. SW

19. 515 D Street NW (Recorder of Deeds)

C.5 REQUIREMENTS:

The following types of services are anticipated to be required under this contract:

C.5.1 A. Contractor shall provide the DC Courts with same day emergency response within 2 hours of receiving initial call.

B. Contractor shall provide the DC Courts with qualified licensed Journeyman Electrician under the supervision of the company Master Electrician and as a minimum NICET

Level 2 technicians to service, inspect, test, diagnose and replace equipment. NICET

Level 3 and 4 for approved changes, programming, or alterations to the system.

C. Contractor shall provide the DC Courts with personnel that shall pass a security background clearance.

D. Contractor shall provide a web-based link for DC Courts to access all site inspection

& repair reports and NFPA required record of completion documentation at the commencement of the contract award.

E. Contractor shall provide all calibrated test equipment, tools and materials needed for required services and ensure that all tools and materials are secured while providing service at the DC Courts.

F. Contractor shall be a License Electrical Contractor and must ensure that services are within the District of Columbia Government Code Compliance Regulations.

G. Contractor shall provide hourly rates for Regular hours and Overtime hours for the service and repairs.

H. Contractor shall provide service protocol information (Hours of operation, Service manager contacts, and 24/7 contacts).

I. Contractor shall provide all NICET certifications, Electrical licenses, and equipment training certificates within its solicitation.

C. 5.2. All applicable reports must be submitted to DC Courts within 48 hours after the conclusion of scheduled work. Additionally, all quotes related to repair and equipment must be submitted with 5 business days of the identified deficiency or required repair.

C.5.2 As built/Shop Drawings shall be updated annually reflecting any changes or alterations made to the Fire Alarm System as a result of renovations/projects. If alterations are made due to a result of a renovation/project the Contractor shall notify the COTR of these changes. Any missing devices not shown on the drawings shall be included by the Contractor.

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

*****THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY *******

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 Court covering the services under this contract. Each building shall have a complete annual test of the

Fire Alarm System that includes the Sprinkler System, Elevator System, Generator System, and

The Air Handler Shut Down scheduled at the same time and not more than 30 days at the start of the inspection/testing (This does not include the quarterly/bi-annual testing that is required by the Sprinkler Company). Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Court during contract performance and for as long afterward as the contract requires. The COTR has been delegated the authority to inspect and accept all services, reports, and required deliverables or output with the advice or assistance of the oversight independent contractor.

E.1.3 The Court 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 Court 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, the 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, 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.

END OF SECTION E

SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT:

F.1.1 The IDIQ contracts will be for a one-year base period contract with four (4) one-year options.

The IDIQ contract will be effective from the date of award through the end of the base period and any options exercised.

F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT:

F.2.1 The Courts may extend the term of this contract for a period of one (1) year per option, up to four (4) times, or successive fractions thereof, by written notice to the Contractor before the expiration of the contract; provided that the Courts will give the Contractor preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the Courts to an extension. The exercise of this option is subject to the availability of funds at the time of the exercise of this option. The Contractor may waive the thirty (30) day preliminary notice requirement by providing a written waiver to the Contracting

Officer prior to expiration of the contract.

F.2.2 The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years from the date of award

F.3 DELIVERABLES:

F.3.1 As built/Shop Drawings shall be updated annually reflecting any changes or alterations made to the Fire Alarm System as a result of renovations/projects. If alterations are made due to a result of a renovation/project the Contractor shall notify the COTR of these changes. Any missing devices not shown in or on the drawings shall be included by the

Contractor during maintenance.

END OF SECTION F

SECTION G: CONTRACT ADMINISTRATION

G.1 Payment/Invoices

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 actually 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.

G.1.7 The invoice form to be reported with the following elements:

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

TOTAL EXPENDITURES

(Document Number: XXX-X-XX-XXXX-XX)

Line

Item

Description Approved

Budget

Amt.

Voucher To

Date

Amt.

Voucher

This Period

Balance of

Approved

Budget

0001 $XXXX.XX $XXXX.XX

0002 $XXXX.XX $XXXX.XX

Total $XXXX.XX $XXXX.XX

(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 Courts 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:

This schedule shall allocate the entire Contract Sum among the various portions of the Work;

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;

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

Contractor's Applications for Payment.

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 at a later date 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 Courts, 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 Courts; 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 Courts 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 subcontractors 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 Government 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 Government, 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 Government 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 Government 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

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

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

Contractor submits to the Courts:

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

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

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

Geoffrey Mack

Courts of Columbia Courts 700 6th Street, N.W., 12th Floor 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:

Brett Johnson

Courts of Columbia Courts 700 6th Street, N.W., 12th Floor

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.

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:

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

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 Government.

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.

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

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.

Obtain necessary permits and appropriate identification if access to Government facilities is required. If to be provided, ensure that Government-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:

Brett Johnson

Courts of Columbia Courts 700 6th Street, N.W., 12th Floor

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

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

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

Increase the dollar limit of the contract or authorize work beyond the dollar limit of the contract, Authorize the expenditure of funds by the Contractor;

Change the period of performance; or

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.

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 Courts and CM will promptly make such inspection and, when the Courts and CM finds the Work acceptable under the Contract

Documents and the Contract fully performed, the Courts 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.11.2 Neither final payment nor any remaining retained percentage shall become due until the

Contractor submits to the Courts (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Courts or the Courts's property might be responsible or encumbered (less amounts withheld by Courts) have been paid or otherwise satisfied, (2) 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 Courts, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Courts, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Courts. If a Subcontractor refuses to furnish a release or waiver required by the Courts, the Contractor may furnish a bond satisfactory to the Courts to indemnify the Courts against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Courts all money that the Courts may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees.

G.11.3 If, after Substantial Completion of the Work, final project completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Courts so confirms, the Courts shall, upon application by the Contractor and certification by the Courts, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for

Work not fully completed or corrected is less than retainage stipulated in the Contract

Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the

Contractor to the Courts prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

G.11.4 The making of final payment shall constitute a waiver of Claims by the Courts except those arising from:

1. Liens, Claims, security interests or encumbrances arising out of the Contract and unsettled;

Failure of the Work to comply with the requirements of the Contract Documents;

or Terms of special warranties required by the Contract Documents.

G.11.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.

G.11.6 Refer to Division 1 Specification Section 017700 for additional information.

END OF SECTION G

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 OFFEROR REQUIREMENTS: The DCC will consider only those firms who are able to demonstrate compliance with the following minimum qualifications requirement(s):

H.1.1 Experience:

1. A minimum of 10 years of experience in the installation, maintenance, and testing of a Siemens

XLS/XLP System, Edwards EST System 3 or equivalent Fire Alarm System.

2. Know how to maintain and test devices/equipment associated with the Manufacturers Technical

Data.

3. Provide all calibrated information on test equipment utilized while performing maintenance of the Fire Alarm Systems.

4. Provide training records and ongoing training records, certifications, and licenses of personnel working on the Fire Alarm Systems.

5. Knowledge of NFPA 25, 72, and ASME A17.1 as it pertains to installation, maintenance, and documents record keeping of a Fire Alarm Systems.

6. Provide a Method of Procedure or a Strategic Testing Plan with the involvement of testing the elevators with the Elevator Contractor for DC Superior Courts.

7. Provide a Method of Procedure or a Strategic Testing Plan with the involvement of testing the sprinklers.

8. Provide a Method of Procedure or a Strategic Testing Plan with the involvement of testing the generators with the Generator Maintenance Contractor for DC Superior Courts.

9. All electrical installations (conduit, power circuits, etc.) personnel shall have a minimum journeyman license and are under the supervision of the Company license Master Electrician.

10. All Fire Alarm Installation, Testing, and Maintenance shall be performed by Siemens/Edwards

Certified Contractor with Nicet Level 1 or 2 technicians and approved by a Nicet Level 3 or 4 technicians.

11. All modifications/alterations made to the Fire Alarm System shall be performed and approved by a Nicet Level 4 Siemens/Edwards Certified Contractor.

12. Knowledge of the Local codes and understanding of when the Authority Having Jurisdiction is needed for any Fire Alarm installation, maintenance, or alterations to the Fire Alarm Systems.

13. Ability to provide a repair or replacement of defective parts plan of action.

14. OSHA Safety Training in CPR, Confined Space, and Fire Watch.

H.2 OTHER CONTRACTORS AND CONSULTANTS

H.2.1 The Contractor shall not commit or permit any act which will interfere with the performance of work done by any other DCC Contractor or by any DCC employee.

H.2.2 Contractors or consultants that helped or assisted in the preparation of the RFP documents cannot be part of the resultant proposal or help the winning contractor implement the contract as their consultant.

H.3 DISCLOSURE OF INFORMATION

H.3.1 Any information made available by the District of Columbia Courts shall be used only for the purposes of carrying out the provisions of this contract and shall not be divulged nor made known in any manner to any person except as may be necessary in the performance of the

H.3.2. In performance of this Contract, the Contractor agrees to assume responsibility for protection of the confidentiality of DCC records and that all work shall be performed under the supervision of the Contractor or the Contractor’s responsible employees.

H.3.3 Each office or employee of the Contractor to whom information may be available or disclosed shall be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions.

H.3.4 No information regarding the Contractor’s performance of the contract shall be disclosed by the Contractor to anyone other than the District of Columbia Courts officials unless written approval is obtained in advance from the Contracting Officer.

H.4 DC COURTS’ RESPONSIBILITIES

H.4.1 The DCC will provide access to the available building site and building documents relevant to the task order assigned to the contractor.

H.5 SECURITY REQUIREMENTS

The DCC is a unique environment for Contractors to perform work. There are levels of security that can hinder access to all areas of the buildings, such as, high-traffic areas, cell blocks, and secure areas for Judge and Jurors. Working in a building that includes many different levels of security can be challenging. The Contractor is required to obtain Court clearances for their project team and their subcontractors and obtain permission to work in secure areas. The DCC requirement for Contractor personnel to obtain a badge to have access to the buildings will be notified at the time of the award. The DC Courts will notify the

Contractor of all such requirements as soon as practicable. If the procedures to acquire the security change, the Contracting Officer will notify the Contractor of any new requirements as soon as practicable. The Contractor shall satisfy security requirements as designated by the

Contracting Officer. Contractors should understand that some secure areas require work to be performed during off hours or with the accompaniment of Court Security Officers (CSO’s).

These secure areas include the Executive office, Clerk of the Court’s office area, Judges’

Chambers, and U.S. Marshals Space. A CSO and U.S. Marshal must be retained for security use by the Contractor when entering these areas.

H.6 CONTRACTOR MANAGEMENT RESPONSIBILITY

The Contractor’s Project Manager shall be the Contractor's Authorized Representative for technical and administrative performance of all services required hereunder. He shall be the single point of contact through which all Contractor/Court communications, work and technical direction shall flow.

H.7 SUSPENSION OF THE WORK

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period that the CO determines appropriate for the convenience of the DCC.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the CO in the administration of this contract, or (2) by the CO’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or…