E.5_Form_of_Task_Order.pdf

Contracts & Procurement

TASK ORDER NO. [NUMBER]

IDIQ Contract No. DCAM-25-NC-RFP-0003

Smart Roof and Resilient Infrastructure Services

[PROJECT NAME]

[DATE] PR-____ (BA-____) RK____

THIS TASK ORDER [NUMBER] is issued by the Government of the District of Columbia, acting by and through its DEPARTMENT OF GENERAL SERVICES (the “Department” or “DGS”) to the contractor listed below. Assuming this Task Order No. [ ] is signed by the Contractor without modification of any kind, it shall constitute a binding legal contract between the Department and the Contractor. The terms of Task Order No. [ ] are as follows:

1. Contractor.

This Task Order No. [INSERT NUMBER] (“Task Order”) is being issued to [INSERT CONTRACTOR] (“Contractor”) under IDIQ Contract No. DCAM-25-NC-RFP-0003 (“IDIQ Contract”).

2. Remaining Contract Capacity.

The remaining capacity of the Contract (including the value associated with this Task Order No. 0_) is $________ .__.

3. Scope of Work.

The Contractor shall provide [Specific Task Order instructions and requirements] as described in the Contractor’s Quote (INSERT EXHIBIT NO.), in accordance with the Terms and Conditions set forth in the IDIQ Contract.

4. Notice to Proceed.

Upon bilateral execution of this Task Order by the signature of the CO, the Contractor has authorization to proceed with services unless otherwise directed by a DGS Contracting Officer in writing, starting on Date of Contract Execution through [INSERT

EXPIRATION DATE].

5. Task Order Price.

The Contractor shall be paid for all services provided pursuant to this Task Order No. [ ] in accordance with the Contractor’s firm-fixed fully-loaded hourly labor rates under the IDIQ Contract. The Total Not-to-Exceed amount for this Task Order No. [ ] is $_____.

CLIN Labor Category Hourly Rate Hours Total Cost

FORM OF TASK ORDER [NUMBER]

Contract No. DCAM-23-NC-RFP-0006

Department of General Services 2000 14th Street, NW, Washington D.C. 20009

Total $_______

In no event is the Contractor or Program authorized to modify services described herein, thus the Contractor will not be paid more than the total aggregate no-to-exceed value of $______ unless the following is complete: The Contractor is authorized to change these orders and exceed the established limit of the agreement in advance through the expressed written approval of the DGS’ Contracting Officer, issued and executed under a Modification against the original Task Order No. [ ]. The Contractor is hereby made aware that only the Contracting Officer is authorized to issue Task Order under the Contract, and the Department shall have no obligation to provide or remit compensation to the Contractor for any work, materials, or supplies that the Contractor provides contrary, beyond, or outside of that parameter and understanding of this Task Order. The Contractor should always take care to receive Task Order instructions from the Contracting Officer, versus any non-authorized personnel of the Department such as the COTR/PM who is not authorized to make changes under this agreement.

6. Substantial Completion Date. RESERVED [Intentionally Omitted]

For the avoidance of doubt “work” herein is defined as the construction and services required by the Contract, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.

This Task Order serves as the Contractor’s Notice-to-Proceed. The work in this Task Order shall be completed no later than [DATE] (“Substantial Completion Date”). Substantial Completion shall mean that all of the following have occurred: (1) the construction and installation work have been completed with only minor punch list items remaining to be completed; (2) where applicable, a permanent certificate of occupancy and all other required permits or approvals have been obtained; (3) all operating and maintenance materials, manuals, training recordings videos and draft warranties required by the Contract have been delivered to the Department; (4) any supplemental training session required by the Contract for operating or maintenance personnel have been completed; (5) all clean-up required by the Contract has been completed; (6) the Project is ready for the Department to use it for its intended purpose; and (10) all equipment, supplies, materials and items to be installed have been installed in accordance with the manufacturer’s specifications and industry standards and have undergone and passed the requisite testing and inspections.

"Minor punch list items" are defined for this purpose as items that, in the aggregate, can be completed within fifteen (15) days from the Substantial Completion Date without interfering with the Department's normal use of the Project.

7. Final Completion Date/Period of Performance.

The Period of Performance for services subject of this Task Order will begin on Date of Executed Award through [EXPIRATION DATE].

8. Administrative Term. RESERVED [Intentionally Omitted]

The Administrative Term is hereby extended to [DATE] (“Administrative Term Date”).

The Administrative Term is established for the sole purpose of permitting the District of Columbia of the Chief Financial Officer to process payments in the event any payments become due. Notwithstanding the foregoing, nothing herein shall be construed to: extend the Substantial Completion Date; extend the Final Completion Date; and limit the Department’s ability to assess liquidated damages.

9. Insurance Requirement.

The Contractor shall maintain insurance coverages in the amount described in Section I.8 of the Contract for the duration of the Task Order.

10. Contracting Officer’s Technical Representative (COTR) and/or the PM.

The COTR for this Task Order is as follows:

[INSERT NAME]

[TITLE]

[PHONE]

[E-MAIL]

11. Contract Specialist.

This Task Order will be monitored by the Contract Specialist identified below:

[INSERT NAME]

[TITLE]

[PHONE]

[E-MAIL]

12. Contracting Officer.

This Task Order will be entered into and signed on behalf of the District only by contracting officers. The name and contact information for the contracting officer for the Task Order is as follows:

Contracting Officer Name Title, Contracting Officer Contracts & Procurement, C&P Division Department of General Services Email: first.last@dc.gov

Only a duly authorized Contracting Officer shall have the authority to direct the

Contractor to start the project, issue change orders, contract modifications or change directives on the Department’s behalf. The Program Manager shall not have the authority to modify any of the rights and obligations of the Department or the Contractor pursuant to this Task Order, or to issue change orders, contract modifications or change directive.

13. Living Wage Act.

The Contractor agrees that the work performed under this Task Order shall be subject to the living wage act in effect at the time of the Task Order execution by the Department.

As such, the Contractor and its subcontractors shall comply with the wage reporting requirements imposed by the act as set forth in Exhibit [ ].

14. Service Contract Act.

The Contractor agrees that the work performed under the Task Order shall be subject to the Service Contract act in effect at the time of the Task Order execution by the Department. As such, the Contractor and its subcontractors shall comply with the service contract reporting requirements imposed by the function as set forth in Exhibit [ ].

15. Davis Bacon Wage Act. RESERVED [Intentionally Omitted]

The Contractor agrees that the work performed under the proposed Task Order shall be subject to the Davis Bacon Wage Determination as set forth in Exhibit [ ] in effect at the time of the Task Order execution by the Department.

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

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

17. Invoice Submittal.

The Contractor shall create and submit payment requests in an electronic format through the DC Vendor Portal, https://vendorportal.dc.gov. The Contractor shall submit proper invoices monthly. To constitute a proper invoice, the Contractor shall enter all required information into the Portal after selecting the applicable purchase order number which is listed on the Contractor’s profile.

18. Performance and Payment Bonds. RESERVED [Intentionally Omitted]

The Contractor shall provide to the Department payment and performance bonds, each with a penal sum equal to one hundred percent (100%) of the Task Order price, prior to commencing work. All bonding companies must be licensed to conduct business in the District of Columbia and be included on the Department of Treasury’s Listing of Approved Sureties website.

https://vendorportal.dc.gov/

19. Liquidated Damages. RESERVED [Intentionally Omitted] If the Contractor does not complete the work by the Substantial Completion Date, Liquidated Damages will be assessed in the amount of $_,____.__ Dollars plus $_,____.__per calendar day until the required deliverable is received and accepted by the Government. The Governments remedies for failure to comply with the Contract terms and conditions are cumulative and not exclusive. Nothing herein shall be construed to limit the Government's ability to terminate the Contractor for the failure to submit Contract deliverables when due. The Contractor and the Department agree that the liquidated damages do not constitute and shall not be deemed a penalty but represent a reasonable approximation of the damages to the Department associated with a delay in the Project.

Nothing herein shall be construed to extend the Substantial Completion Date or the Final Completion Date

20. First Source Agreement and Employment Plan.

The Contractor shall comply with the First Source requirements and execute a First Source Agreement and First Source Employment Plan (Exhibit [ ]) with the District of Columbia Department of Employment Services (“DOES”) prior to beginning work.

21. SBE Subcontracting Requirements (if and where applicable).

For Task Orders in excess of $250,000, at least 35% of the dollar volume of the Contract shall be subcontracted in accordance with underlying IDIQ Contract. The Subcontracting Plan form is incorporated hereto as Exhibit [ ].

22. Campaign Finance Reform Act.

In accordance with the District of Columbia (District) that the Campaign Finance Reform Amendment Act of 2018 (CFRAA) (D.C. Law 22-250; D.C. Official Code § 1-1001.03 et seq) went into effect on November 9, 2022, and a recent amendment to the law approved December 8, 2022, the form for completion of the Campaign Finance Reform Contractor Self Certification is incorporated herein. An award cannot be made to any Contractor who has not satisfied the campaign finance reform contractor self-certification requirements, Exhibit [ ].

23. Terms & Conditions.

The Standard Contract Provisions for use with Specifications for District of Columbia Government Construction Contracts, and Supplies and Services Contracts dated January 14, 2016, are incorporated by attachment into this Task Order (Exhibit [ ]).

24. Special Provisions Related to the COVID-19 Emergency The Contractor is required to comply with Mayor’s Order 2021-099, COVID-19 Vaccination Certification Requirement for District Government Employees, Contractors, Interns, and Grantees, dated August 10, 2021, and all substantially similar vaccine requirements, including any modifications to this Order, unless and until they are rescinded or superseded. At the request of the District government, Contractors may be asked to provide certification of compliance with this requirement and/or documents and records in support of this certification.

The Contractor is required to comply with City Administrator’s Order 2021-4, Resumption of Requirement for All Persons to Wear a Mask Inside District Government Buildings and While on Duty as a District Government Employee or Contractor, dated July 30, 2021, and all substantially similar mask requirements including any modifications to this Order, unless and until they are rescinded or superseded.

25. Contractor Licenses and Compliance Documents.

The Contractor shall comply with all laws and regulations based upon the project value and shall provide the Department with all of the applicable licenses, compliance documents and requirements including, but not limited to, the certificate of insurance, subcontracting plan, payment, and performance bonds, first source agreement and employment plan, tax compliance certificate, and all other compliance documents, as applicable to this District of Columbia government-funded project. The failure by the Contractor to comply with any of the legal and compliance requirements or the failure to provide the Department with any of the required documents within the time specified will result in termination of this Task Order based upon the Contractor’s default. The Department shall not incur any cost due to the Contractor’s failure to comply with the District of Columbia’s laws and regulations.

26. Order of Precedence.

The following documents are incorporated into this Task Order in the following order of precedence:

1. An Applicable Court Order, if any,

2. This Contract Document. Task Order No. [ ], including all Exhibits (A-H)

3. Standard Contract Provisions for use with Specifications for District of Columbia

Government Supplies and Services Contracts dated January 14, 2016 by reference.

4. IDIQ Contract No. DCAM-25-NC-RFP-0003, by reference.

ISSUED BY: ACCEPTED BY:

DEPARTMENT OF GENERAL SERVICES [Contractor Name]

By: By:

Name: Domonique Banks Name:

Title: Contracting Officer Title:

Supervisory Contract Specialist

Date: Date: