PCSB-2023-03_Att1.docx
DOCX document 125 KB Posted
- Solicitation number
- PCSB-2023-03
- Issued by
- District of Columbia, Washington City
About this file
This document is a draft request for proposals (RFP) issued by the District of Columbia Public Charter School Board (PCSB) for the provision of office furniture, including delivery and installation. PCSB is seeking proposals from experienced vendors to supply and install various furniture items such as guest and task chairs, managerial chairs, nest/stack chairs, tables, storage units, and glass markerboards. The total estimated quantities are provided in the RFP. Proposals are due by September 8, 2023 at 5:00 pm EST. PCSB intends to award a single fixed-price contract as a result of this solicitation to the most responsive and responsible contractor whose proposal is most advantageous. The base contract period will be for 1 year, with PCSB having the option to extend the contract for up to 4 additional 1-year periods.
The RFP specifies that pricing should include all costs associated with the furniture supply, delivery, and installation. It also outlines opportunities for local, small, and disadvantaged business enterprises to receive preference points in the evaluation. The successful contractor will be required to comply with various District of Columbia employment and contracting requirements, including the First Source Employment Agreement Act of 1984.
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DRAFT
REQUEST FOR PROPOSALS SOLICITATION NO. PCSB- 2023-03
| AGENCY: |
| District of Columbia Public Charter School Board |
| SOLICITATION: |
| (Office Furniture) |
| CLOSING DATE: |
| (September 8, 2023) |
| CLOSING TIME: |
| 5:00 pm EST |
| CONTACT: |
| Charlene Haigler-Mickles, Operations Assistant, PCSB, 202-328-2660, operations@dcpcsb.org |
DISTRICT OF COLUMBIA PUBLIC CHARTER SCHOOL BOARD
SOLICITATION, OFFER, AND AWARD
ISSUED BY:
DC Public Charter School Board 3333 14th Street, NW Suite 210 Washington DC 20010 Phone: 202-328-2660 Fax: 202-328-2661
DATE ISSUED:
(August 18, 2023)
OPENING DATES:
(August 18, 2023)
CLOSING DATES:
(September 8, 2023)
SOLICIATION TITLE:
(Office Furniture)
OFFER/PROPOSAL FOR:
(Supplying and installing office furniture)
TABLE OF CONTENTS
| (√) |
| Sec. |
| DESCRIPTION |
| Page(s) |
| (√) |
| Sec. |
| DESCRIPTION |
| Page(s) |
| Part I – The Schedule |
| Part II- Contract Clauses |
| A |
| Solicitation/Contract Form |
| 3-6 |
| H |
| Contract Clauses |
| 34-48 |
| B |
| Contract Type, Supplies Or Services And Price/Cost |
| 7 |
| PART III – List of Documents, Exhibits and |
Other Attachments
| C |
| Description/Specifications/Work Statement |
| 8-12 |
| I |
| List of Attachments |
| 49 |
| D |
| Inspection and Acceptance |
| 13 |
| PART IV – Representations and Instructions |
| E |
| Period of Performance and Deliverables |
| 14-15 |
| J |
| Representations, Certifications and other Statements of Offerors |
| 50-52 |
| F |
| Contract Administration |
| 16-19 |
| K |
| Instrs. Conds., & Notices to Offerors |
| 53-57 |
| G |
| Special Contract Requirements |
| 20-33 |
| L |
| Evaluation Criteria |
| 58-61 |
OFFER (TO BE COMPLETED BY OFFEROR) Note: In this solicitation, “Offer” and “Offeror” mean “Proposal” and “Proposer.”
The undersigned offers and agrees that, with respect to all terms and conditions by PCSB of the District of Columbia under “AWARD” below, this offer and the provisions of the RFP/RFP will constitute a Formal Contract. All offers are subject to the terms and conditions contained in the solicitation.
OFFEROR:
Organization:
Street:
City, State, and Zip:
Telephone No.:
Fax No.:
Email address:
Name & Title of Person Authorized to Sign Offer:
SIGNATURE:
Date:
AWARD (To be completed by the District of Columbia Public Charter School Board)
| Award Amount: |
| $ |
ACCEPTED AS TO THE FOLLOWING TERMS:
For District of Columbia Public Charter School Board: ____________________________________________ Michelle Walker-Davis, Contracting Officer _________________________________ DATE:
SECTION A: SOLICITATION/CONTRACT FORM
| A.1 | OVERVIEW | ||
| A.1.1 | Request For Proposals Solicitation No.: PCSB-2023-03 | ||
| A.1.2 | Caption: (Supplying and Installing Office Furniture) | ||
| A.1.3 | Issuance Date: | (August 18, 2023) | |
| A.1.4 | Closing Date: | (September 8, 2023) | |
| A.1.5 | Description: |
The District of Columbia Public Charter School Board (PCSB) seeks proposals from individuals and organizations that are experienced in providing furniture. Furniture will need to be supplied, delivered, and installed by the vendor to PCSB’s office. HON is the preferred manufacturer brand for this project. The proposal should include pricing of HON manufactured products. Pricing should include the following items:
· Cipher guest chairs – Qty 85
· Cipher task chairs – Qty 37
· Cofi Managerial Height Chair – Qty 12
· Motivate Nest/Stack Chair Flexback – Qty 24
· Motivate Table React 24Dx60W – Qty 12
· Undermount Cubby w/ Locking Door Flush Mount – Qty 12
· Frameless Glass Stacker 15H - Qty 43
· Tackable Panel – Qty 52
· Towers 24x18x50 – Qty 12
· 10500 Series Storage/File 18”x66.5” - Qty 37
· 10500 Series Return Shell 29.5x36 – Qty 37
· 10500 Series Pedestal Desk 66x30x29.5” – Qty 37
· Glass Markerboard 37.5x36 – Qty 37
· Flock Round Chair – Qty 4
· Flock Cylinder Table – Qty 1
· Installation to include inspection of materials, removal of debris, and the receiving of the materials.
· Freight
· Design PCSB was authorized pursuant to the District of Columbia School Reform Act of 1995, D.C. Code §§ 38-101 et seq., to grant charters to establish public charter schools in the District of Columbia. PCSB is responsible for receiving and reviewing applications to develop public charter schools; awarding or denying requests for charters; monitoring the operations of public charter schools and the progress of their students; monitoring schools’ compliance with applicable laws; and revoking or not renewing the charters of schools that fail to meet their goals, or revoking charters of schools that contravene applicable laws.
Public Charter schools operate independently of the District of Columbia Public School system, except as otherwise provided by law. In exchange for significant operating autonomy, public charter schools are accountable for the performance of their students as measured by the specific educational goals they set.
The Proposal should be prepared according to the instructions listed below.
| A.2 | PROPOSAL SUBMISSION REQUIREMENTS | |
| A.2.1 | Proposer shall detail their firms experience in providing (Office furniture to meet the client’s needs. The proposer should also show experience with delivering and installing furniture.) services. | |
| A.2.2 | Each proposal shall be submitted electronically in PDF format. The file name should: “Proposal For Solicitation no. PCSB-(2023-03), (Office Furniture). | |
| A.2.3 | All proposals must be submitted on 8.5” x 11” and typewritten. Proposals must be letter-sized with 1” margins, double-spaced. There is no page limit. Telephonic and telegraphic bids will not be accepted. | |
| A.3 | PRICE |
The Offeror shall submit a Total Firm Fixed Price, broken down as follows: a) Personnel b) Fringe benefits c) Travel d) Equipment e) Supplies f) Contractual g) Any other expenses.
| A.4 | DELIVERY OF PROPOSAL | |
| Deliver to: Charlene Haigler-Mickles, Operations Specialist, PCSB, operations@dcpcsb.org. | ||
| A.5 | PROPOSAL SUBMISSION DATE |
The closing date for receipt of Proposals is (September 8, 2023) at 5:00 PM (EST).
A.6 EVALUATION FOR AWARD
PCSB intends to award a single contract as result of this Request for Proposal. The contract will be awarded to the single most responsive and responsible contractor whose proposal is most advantageous to PCSB. PCSB reserves the right to reject any or all proposals determined to be inadequate or unacceptable. PCSB may award a contract on the basis of initial offers received without discussions. Therefore, each initial offer should contain the proposer’s best terms from price (Firm Fixed Price), to professional qualifications.
| A.7 | CONTRACT TYPE | |
| This will be a Fixed Price contract. | ||
| A.8 | CONTRACT TERM |
The base contract period will be for a period commencing on the date of contract execution, through twelve months thereafter.
| A.9 | OPTION TO EXTEND THE TERM OF THE CONTRACT | |
| A.9.1 | PCSB may extend the term of this contract for four (4) one year option periods, or successive fractions thereof, by written notice to the Contractor before the expiration of the contract; provided that PCSB gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. This solicitation does not commit PCSB to an extension. The exercise of any option is subject to the availability of funds at the time of the exercise of the option and PCSB requirements. 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. If PCSB exercises an option, the extended contract shall be considered to include the option provision. | |
| A.9.2 | The total duration of this contract, including the exercise of any option under this clause, shall not exceed one (1) base period and four (4) one-year option periods. | |
| A.10 | QUESTIONS | |
| A.10.1 | If a Proposer has any questions relative to this solicitation, the proposer shall submit the questions in writing to (Aaron Hall), (Operations Manager), PCSB via email at (ahall@dcpcsb.org). The prospective proposer shall submit questions no later than 5:00 pm (September 1, 2023) to (ahall@dcpcsb.org). PCSB will not consider any questions received after the time and date specified here. PCSB will furnish responses promptly to all prospective proposers. An amendment to the solicitation will be issued, if that information is necessary in submitting proposals, or if the lack of it would be prejudicial to any prospective proposers. Oral explanations or instructions given before the award of the contract will not be binding. |
*** End of Section A ***
SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST
| B.1 | FIXED-PRICE CONTRACT |
| Price | |
| Narrative | |
| Amount |
Personnel
Fringe benefits
Travel
Equipment
Supplies
Contractual expenses
Any other expenses
Total (Firm Fixed Price)
*** End of Section B***
SECTION C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT/DELIVERABLES
C.1 PURPOSE DC PCSB is seeking a vendor that can provide the previously mentioned furniture. Additionally, the vendor must have the ability to deliver and install the furniture as recommended by the manufacturer.
C.2 DESCRIPTION OF THE PROJECT
(The vendor must assist the client by securing the preferred furniture as described. The vendor must coordinate with the vendor to receive furniture and materials to deliver to the office space when the buildout is competed. The vendor must have the ability to store furniture if extenuating circumstances arrive with the completion of the office space. The vendor is required to install the furniture and dispose of any debris from unboxing.)
| C. 3 | APPLICABLE DOCUMENTS | |
| Document Title | ||
| Website Link |
C.4 BACKGROUND
C.4 REQUIREMENTS
| Task |
| Proposed Time (No. of Hours) |
Total Hours
C.6 PROPOSAL REQUIREMENTS
C.6.1 Technical proposal
C.6.1.1 Plan to Perform the Work
For each Required Task, as outlined in all of C.5, provide a response as requested together with descriptions of the proposed approach and deliverables required to meet the response requirements. Deliverables identified are not exclusive, and the Offeror must identify any additional deliverables consistent with the RFP specifications and Offeror’s proposed work.
C.6.1.2. Offeror’s Background
The Offeror shall provide its firm’s history, years in business, philosophy or core values, number of employees, location, contact information, professional memberships and certifications, and awards and recognitions. The Offeror shall detail the services it provides to clients and identify those that are routinely subcontracted.
C.6.1.3. References
The Offeror shall submit at least three (3) most recent client references that can attest to the firm’s experience, quality of work, and service in completing similar projects within the last three (3) years.
C.6.1.4. Knowledge and Experience The Offeror shall have prior experience completing projects of a similar nature. The Offeror shall elaborate on its experience in conducting similar projects and describe in detail other similar projects completed.
C.6.1.5. Format for Technical Proposal Proposals must be on letter-sized with 1” margins, double-spaced. There is no page limit.
C.6.2 Cost Proposal Proposal must include a detailed, separate, cost proposal that shows a breakdown of costs for each portion of the work as identified above. Hourly consulting services must be quoted as a fully loaded hourly cost including all travel and other expenses within the hourly proposed cost. The cost proposal should be a fixed price contract.
C.6.2.1. Subcontractors The Offeror is considered as the Prime Contractor. Should the use of Subcontractors be required as part of this proposal, the Offeror must provide a list of the names and roles of Subcontractors. Subcontractors will be subject to the same General Conditions imposed upon the Contractor. If a change in Subcontractor(s) is required during the project period, the Contract Administrator shall be notified, in writing, at least ten (10) days prior to the Subcontractor performing any work on the project. The notification shall include the reasons a change in Subcontractor was required and the name and role of the new Subcontractor. PCSB has the right to terminate the contract if the new Subcontractor is reviewed as not capable. If no Subcontractors are required as part of this proposal, the Offeror shall state so.
| C.7 | EVALUATION OF PROPOSALS AND BASIS FOR AWARD |
| C.7.1 | Evaluation of Offeror Proposals |
The evaluation of proposals received in response to this RFP will be conducted comprehensively, fairly, and impartially. A Contract for Services will be entered into with the most responsive and responsible contractor whose proposal is determined in writing to be advantageous to PCSB, taking into consideration the evaluation factors set forth in this RFP. All responsive proposals received by 5:00 pm (September 8, 2023) will be evaluated and scored.
C.7.2 Evaluation Committee A committee, comprised of at least three (3) representatives, will evaluate and score, as a group, each proposal submitted. The committee will forward the evaluation results to the Contracting Officer. The Contracting Officer will review the RFP and the evaluation results before the selection of a Contractor. The firm with the highest score according to the criteria shown in this section shall be awarded the contract.
C.7.3. CRITERIA FOR EVALUATION
The criteria used to evaluate proposal are:
| C.7.3.1. | Application Review and Criteria |
| C.7.3.1.1 | Experience and Qualifications (35 points). |
The Committee will evaluate a firm’s relevant experience in providing similar services. The evaluation of experience will be a subjective assessment based upon information supplied by the firm in its submission and via reference checks. Provide detailed information about your capacity to provide the Service Requirements, including your ability to manage the administrative aspects of sourcing office furniture.
C.7.3.1.2 Technical proposal. 25 points.
Set forth a detailed plan, including timelines, for accomplishing each of the services listed in the Requirements section of this RFP. Scoring on this criterion will be based on the extent to which applicants present coherent strategies and deliverables, suggest feasible timelines, and demonstrate an understanding of the scope of the provider responsibilities.
C.7.3.1.3 Price. 40 points.
A separate cost proposal shall be submitted. Provide the total amount required to perform the duties of sourcing, delivering and installing office furniture ). Provider’s and, in three pages or less, describe in detail, and justify as reasonable and cost effective, the amount required per 12-month increment for each of the following: a) Personnel b) Fringe benefits c) Travel d) Equipment e) Supplies f) Contractual g) Any other expenses. You may use the chart in Section B for this purpose.
C.7.3.1.4 Local, Small, and Disadvantaged Business Enterprises. Up to 12 Points.
Up to an additional 12 points will be awarded to proposals from certified local, small, and disadvantaged business enterprises, in accordance with D.C Code § 2-218.43. To receive these points, submissions must include appropriate documentation demonstrating that the submitter is as a small business enterprise (3 points); a resident-owned business (5 points); a longtime resident business (3 points); a local business enterprise (2 points); a local business enterprise with its principal office located in an enterprise zone (2 points); a disadvantaged business enterprise (2 points); a veteran-owned business enterprise (2 points); and/or a local manufacturing business enterprise (2 points).
C.7.4. Basis for Selection and Award of a Contract for Services PCSB will execute a Contract to the most responsive, responsible Contractor with the highest ranking *** End of Section C ***
SECTION D: INSPECTION OF SERVICES
| D.1 | “Services” as used in this Section includes services performed, workmanship, and material furnished or utilized in the performance of services. |
| D.2 | The Contractor shall provide and maintain documentation of all services provided under this contract. Complete records of all services performed by the Contractor shall be maintained and made available to PCSB during contract performance and for as long afterwards as this contract requires. |
| D.3 | PCSB shall have the right to review all Services called for by this contract to the extent practicable during the term of this contract. |
| D.4 | If any of the Services do not conform to the contract requirements, PCSB may require the Contractor to perform these services again in conformity with this contract’s requirements, at no increase in contract amount. When the defects in Services cannot be corrected by performance, PCSB may require the Contractor to take necessary action to ensure that future performance conforms to this contract’s requirements and reduce the contract price to reflect value of Services performed. |
| D.5 | If the Contractor fails to promptly perform the Services again or take the necessary action to ensure future performance in conformity to contract requirements, PCSB may (1) by contract or otherwise, perform the services and charge the Contractor any cost incurred by PCSB that is directly related to the performance of such Services, or (2) terminate this contract for default. |
*** End of Section D ***
SECTION E: PERIOD OF PERFORMANCE AND DELIVERABLES
| E.1 | CONTRACT TYPE |
| This is Fixed-Price contract. | |
| E.2 | TERM OF CONTRACT |
The period of performance shall be for one (1) base period commencing on date of execution.
| E.3 | OPTION TO EXTEND THE TERM OF THE CONTRACT NOT APPLICABLE |
| E.3.1 | PCSB may extend the term of this contract for a period for four (4) one-year periods, or successive fractions thereof, by written notice to the Contractor before the expiration of the contract; provided that PCSB 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 PCSB 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 or his or her designee prior to expiration of the contract. |
| E.3.2 | If PCSB exercises this option, the extended contract shall be considered to include this option provision. |
| E.3.3 | The price for the option period shall be as specified in the Section B of the contract. |
| E.3.4 | The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. |
| E.3.5 | PCSB will only exercise an option if funding is available. |
| E.4. | OPTION TO EXTEND SERVICES |
PCSB may require continued performance of any services within the limits and at the rates specified in the contract. The Contracting Officer may exercise the option by written notice to the Contractor thirty (30) days prior to the expiration of the contract.
E.5 DELIVERABLES
The Contractor shall perform the activities required to successfully complete PCSB’s requirements.
E.5.1 If applicable, the Contractor shall submit to PCSB, as a deliverable, the report described in Section G.5.5 that is required by the 51% District Residents New Hires Requirements and First Source Employment Agreement. If the Contractor does not submit the report as part of the deliverables, final payment to the Contractor shall not be paid pursuant to Section G, below.
*** End of Section E ***
SECTION F. CONTRACT ADMINISTRATION
| F.1 | INVOICE PAYMENT | |
| F.1. | PCSB will process payments to the Contractor, upon the submission and acceptance 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. | |
| F.1.2 | PCSB will pay the Contractor on or before the 30th day after receiving a proper invoice from the Contractor. |
| F.2 | INVOICE SUBMITTAL | |
| F.2.1 | The Contractor shall submit proper invoices on a monthly basis within 10 days of the end of the month in which the Services are performed. | |
| F.2.1.1 | Invoices shall be submitted electronically to dcpcsboard@bill.com, with concurrent electronic submittals of duplicate copies to the agency’s Financial Manager with concurrent copies to the CA specified in Section F.6.2 below. The address is: |
Financial Manager DC Public Charter School Board 3333 14th Street NW Suite 210 Washington, DC 20010 operations@dcpcsb.org.
| F.2.2 | To constitute a proper invoice, the Contractor shall submit the following information on the invoice: | |
| F.2.2.1 | Contractor’s name, federal tax ID and invoice date (date invoices as of the date of mailing or transmittal); | |
| F.2.2.2 | Contract number and invoice number; | |
| F.2.2.3 | Description, price, quantity and the date(s) that the supplies or services were delivered or performed; | |
| F.2.2.4 | Other supporting documentation or information, as required by the Contracting Officer or his or her designee; | |
| F.2.2.5 | Name, title, telephone number and complete mailing address of the responsible official to whom payment is to be sent; | |
| F.2.2.6 | Name, title, phone number of person preparing the invoice; | |
| F.2.2.7 | Name, title, phone number and mailing address of person (if different from the person identified in F.2.2.6 above) to be notified in the event of a defective invoice; and | |
| F.2.2.8 | Authorized signature. | |
| F.3 | PAYMENT | |
| F.3.1 | Unless otherwise specified in this contract, payment will be made on partial deliveries of goods and services accepted by PCSB if: |
a) The amount due on the deliveries warrants it; or
b) The Contractor requests it and the amount due on the deliveries are in accordance with the following:
“Payment will be processed on completion and acceptance of each item for which the price is stated separately in the contract”; and
c) Presentation of a properly executed invoice.
| F.4 | ASSIGNMENT OF CONTRACT PAYMENTS | |
| F.4.1 | In accordance with D.C. Municipal Regulations, tit. 47 § 3250, the Contractor may assign to a bank, trust company, or other financing institution funds due or to become due as a result of the performance of this contract. | |
| F.4.2 | Any assignment shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party. | |
| F.4.3 | Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is required to prepare invoices. Where such an assignment has been made, the original copy of the invoice must refer to the assignment and must show that payment of the invoice is to be made directly to the assignee as follows: |
“Pursuant to the instrument of assignment dated ____ __, make payment of this invoice to [name and address of assignee].”
| F.5 | CHANGES | |
| F.5.1 | Contracts will be entered into and signed on behalf of PCSB only by the Contracting Officer or his or her designee. |
F.5.2 The Contracting Officer or his or her designee is the only person authorized to approve changes in any of the requirements of this contract.
F.5.3 The Contractor shall not comply with any order, directive or request that changes or modifies the requirements of this contract, unless issued in writing and signed by the Contracting Officer or his or her designee.
| F.5.4 | In the event the Contractor effects any change at the instruction or request of any person other than the Contracting Officer or his or her designee , 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. | |
| F.6 | CONTRACT ADMINSTRATOR (CA) | |
| F.6.1 | The CA is responsible for general administration of the contract and advising the Contracting Officer (CO), PCSB’s Executive Director, Scott Pearson, as to the Contractor’s compliance or noncompliance with the contract. In addition, the CA is responsible for the day-to-day monitoring and supervision of the contract, of ensuring that the work conforms to the requirements of this contract and such other responsibilities and authorities as may be specified in the contract. | |
| F.6.2 | The name and contact information of the CA is: |
(Aaron Hall) DC Public Charter School Board 3333 14th St., NW Suite 210 Washington, DC 20010 Telephone: 202-328-2660 Email: (ahall@dcpcsb.org)
| F.6.3 | The CA shall NOT have the authority to | |
| 1. | Award, agree to, or sign any contract, delivery order or task order. Only the Contracting Officer or his or her designee 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 PCSB property, except as specified under the contract. | |
| F.6.4 | The Contractor will be fully responsible for any changes not authorized in advance, in writing, by the Contracting Officer or his or her designee; may be denied compensation or other relief for any additional work performed that is not so authorized; and may also be required, at no additional cost to PCSB, to take all corrective action necessitated by reason of the unauthorized changes. |
F.7 RECORD RETENTION
F.7.1 As used in this clause, “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written for, in the form of computer data, or in any other form.
*** End of Section F ***
SECTION G: SPECIAL CONTRACT REQUIREMENTS
| G.1 | HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES | |
| G.1 | For all new employment resulting from this contract or subcontracts hereto, as defined in Mayor’s Order 83-265 and implementing instructions, the Contractor shall use its best efforts to comply with the following basic goal and objectives for utilization of bona fide residents of the District of Columbia in each project’s labor force: | |
| G.1.1 | At least fifty-one (51) percent of apprentices and trainees employed shall be residents of the District of Columbia registered in programs approved by the District of Columbia Apprenticeship Council. | |
| G.1.2 | The Contractor shall negotiate an Employment Agreement with the Department of Employment Services (“DOES”) for jobs created because of this contract. The DOES shall be the Contractor’s first source of referral for qualified apprentices and trainees in the implementation of employment goals contained in this clause. | |
| G.2 | DEPARTMENT OF LABOR WAGE DETERMINATIONS |
The Contractor shall be bound by the Wage Determination No. Wage Determination No. 2005-2101, Revision No.:l3, dated June 19, 2013, issued by the U.S. Department of Labor in accordance with the Service Contract Act, 41 U.S. C. § 351 et seq., and incorporated herein as Section I.2. The Contractor shall be bound by the wage rates for the term of the contract subject to revision as stated herein and in accordance with Section 24 of the SCP. If an option is exercised, the Contractor shall be bound by the applicable wage rates at the time of the option. If the option is exercised and the CO obtains a revised wage determination, the revised wage determination is applicable for the option periods and the Contractor may be entitled to an equitable adjustment.
G.3 PUBLICITY
The Contractor shall at all times obtain the prior written approval from the CO before it, any of its officers, agents, employees or subcontractors, either during or after expiration or termination of the contract, make any statement, or issue any material, for publication through any medium of communication, bearing on the work performed or data collected under this contract.
G.4 FREEDOM OF INFORMATION ACT
The SRA and the District of Columbia Freedom of Information Act, D.C. Code § 2-531 et seq., requires PCSB to make available for inspection and copying any record produced or collected pursuant to a PCSB contract with a private contractor to perform a public function, to the same extent as if the record were maintained by the agency on whose behalf the contract is made. If the Contractor receives a request for such information, the Contractor shall immediately send the request to the Contract Administrator who will provide the request to the FOIA Officer for the agency with programmatic responsibility in accordance with the D.C. Freedom of Information Act. If the agency with programmatic responsibility receives a request for a record maintained by the Contractor pursuant to the contract, the Contract Administrator will forward a copy to the Contractor. In either event, the Contractor is required by law to provide all responsive records to the Contract Administrator within the timeframe designated by the Contract Administrator. The FOIA Officer for the agency with programmatic responsibility will determine the releasability of the records. PCSB will reimburse the Contractor for the costs of searching and copying the records in accordance with D.C. Code § 2-532 and Chapter 4 of Title 1 of the D.C. Municipal Regulations.
| G.5 | 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE EMPLOYMENT AGREEMENT |
| G.5.l | The Contractor shall comply with the First Source Employment Agreement Act of 1984, as amended, D.C. Code § 1-219.01 et seq. (“First Source Act”). |
| G.5.2 | The Contractor shall enter into and maintain, during the term of the contract, a First Source Employment Agreement, (Section I.1.4) in which the Contractor shall agree that: |
(1) The first source for finding employees to fill all jobs created in order to perform this contract shall be the DOES; and
(2) The first source for finding employees to fill any vacancy occurring in all jobs covered by the First Source Employment Agreement shall be the First Source Register.
G.5.3 The Contractor shall submit to DOES, no later than the 1st of each month following execution of the contract, a First Source Agreement Contract Compliance Report (“contract compliance report”) to verify its compliance with the First Source Agreement for the preceding month. The contract compliance report for the contract shall include the:
(1) Number of employees needed;
(2) Number of current employees transferred;
(3) Number of new job openings created;
(4) Number of job openings listed with DOES;
(5) Total number of all District residents hired for the reporting period and the cumulative total number of District residents hired; and
(6) Total number of all employees hired for the reporting period and the cumulative total number of employees hired, including:
(a) Name;
(b) Social security number;
(c) Job title;
(d) Hire date;
(e) Residence; and
(f) Referral source for all new hires.
| G.5.4 | If the contract amount is equal to or greater than $100,000, the Contractor agrees that 51% of the new employees hired for the contract shall be District residents. |
| G.5.5 | With the submission of the Contractor’s final request for payment from PCSB, the Contractor shall: |
(1) Document in a report to the CO its compliance with Section G.5.4 of this clause; or
(2) Submit a request to the CO for a waiver of compliance with Section G.5.4 and include the following documentation:
(a) Material supporting a good faith effort to comply;
(b) Referrals provided by DOES and other referral sources;
(c) Advertisement of job openings listed with DOES and other referral sources; and
(d) Any documentation supporting the waiver request pursuant to Section G.5.6.
G.5.6 The CO of his designee may waive the provisions of Section G.5.4 if the CO finds that:
(1) A good faith effort to comply is demonstrated by the Contractor;
(2) The Contractor is located outside the Washington Standard Metropolitan Statistical Area and none of the contract work is performed inside the Washington Standard Metropolitan Statistical Area which includes the District of Columbia; the Virginia Cities of Alexandria, Falls Church, Manassas, Manassas Park, Fairfax, and Fredericksburg, the Virginia Counties of Fairfax, Arlington, Prince William, Loudoun, Stafford, Clarke, Warren, Fauquier, Culpeper, Spotsylvania, and King George; the Maryland Counties of Montgomery, Prince Georges, Charles, Frederick, and Calvert; and the West Virginia Counties of Berkeley and Jefferson.
(3) The Contractor enters into a special workforce development training or placement arrangement with DOES; or
(4) DOES certifies that there are insufficient numbers of District residents in the labor market possessing the skills required by the positions created as a result of the contract.
| G.5.7 | Upon receipt of the contractor’s final payment request and related documentation pursuant to Sections G.5.5 and G.5.6, the CO shall determine whether the Contractor is in compliance with Section G.5.4 or whether a waiver of compliance pursuant to Section G.5.6 is justified. If the CO determines that the Contractor is in compliance, or that a waiver of compliance is justified, the CO shall, within two business days of making the determination forward a copy of the determination to the agency Chief Financial Officer and the Contract Administrator. | |
| G.5.8 | Willful breach of the First Source Employment Agreement, or failure to submit the report pursuant to Section G.5.5, or deliberate submission of falsified data, may be enforced by the CO through imposition of penalties, including monetary fines of 5% of the total amount of the direct and indirect labor costs of the contract. The Contractor shall make payment to DOES. The Contractor may appeal to the D.C. Contract Appeals Board as provided in this contract any decision of the CO pursuant to this Section G.5.8. | |
| G.5.9 | The provisions of Sections G.5.4 through G.5.8 do not apply to nonprofit organizations. | |
| G.6 | 504 OF THE REHABILITATION ACT OF 1973, as amended. |
During the performance of the contract, the Contractor and any of its subcontractors shall comply with Section 504 of the Rehabilitation Act of 1973, as amended. This Act prohibits discrimination against disabled people in federally funded programs and activities. See 29 U.S. C. § 794 et seq.
G.7 AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)
During the performance of this contract, the Contractor and any of its subcontractors shall comply with the ADA. The ADA makes it unlawful to discriminate in employment against a qualified individual with a disability. See 42 U.S.C. § 12101 et seq.
| G.8 | WAY TO WORK AMENDMENT ACT OF 2006 | |
| G.8.1 | Except as described in G.8.8 below, the Contractor shall comply with Title I of the Way to Work Amendment Act of 2006, effective June 8, 2006 (D.C. Law 16-118, D.C. Code §-220.01 et seq.) (“Living Wage Act of 2006”), for contracts for services in the amount of $100,000 or more in a 12-month period. | |
| G.8.2 | The Contractor shall pay its employees and subcontractors who perform services under the contract no less than the current living wage published on the OCP website at www.ocp.dc.gov. | |
| G.8.3 | The Contractor shall include in any subcontract for $15,000 or more a provision requiring the subcontractor to pay its employees who perform services under the contract no less than the current living wage rate. | |
| G.8.4 | The DOES may adjust the living wage annually and the OCP will publish the current living wage rate on its website at www.ocp.dc.gov. |
| G.8.5 | The Contractor shall provide a copy of the Fact Sheet attached as I.6 to each employee and subcontractor who performs services under the contract. The Contractor shall also post the Notice attached as I.5 in a conspicuous place in its place of business. The Contractor shall include in any subcontract for $15,000 or more a provision requiring the subcontractor to post the Notice in a conspicuous place in its place of business. | |
| G.8.6 | The Contractor shall maintain its payroll records under the contract in the regular course of business for a period of at least three (3) years from the payroll date, and shall include this requirement in its subcontracts for $15,000 or more under the contract. | |
| G.8.7 | The payment of wages required under the Living Wage Act of 2006 shall be consistent with and subject to the provisions of D.C. Code § 32-1301 et seq. | |
| G.8.8 | The requirements of the Living Wage Act of 2006 do not apply to: |
(1) Contracts or other agreements that are subject to higher wage level determinations required by federal law;
(2) Existing and future collective bargaining agreements, provided, that the future collective bargaining agreement results in the employee being paid no less than the established living wage;
(3) Contracts for electricity, telephone, water, sewer or other services provided by a regulated utility;
(4) Contracts for services needed immediately to prevent or respond to a disaster or eminent threat to public health or safety declared by the Mayor;
(5) Contracts or other agreements that provide trainees with additional services including, but not limited to, case management and job readiness services; provided that the trainees do not replace employees subject to the Living Wage Act of 2006;
(6) An employee under 22 years of age employed during a school vacation period, or enrolled as a full-time student, as defined by the respective institution, who is in high school or at an accredited institution of higher education and who works less than 25 hours per week; provided that he or she does not replace employees subject to the Living Wage Act of 2006;
(7) Tenants or retail establishments that occupy property constructed or improved by receipt of government assistance from the District of Columbia; provided, that the tenant or retail establishment did not receive direct government assistance from PCSB;
(8) Employees of nonprofit organizations that employ not more than 50 individuals and qualify for taxation exemption pursuant to Section 501(c)(3) of the Internal Revenue Code of 1954, approved August 16, 1954 (68A Stat. 163; 26 U.S.C.§ 501(c)(3);
(9) Medicaid provider agreements for direct care services to Medicaid recipients, provided, that the direct care service is not provided through a home care agency, a community residence facility, or a group home for mentally retarded persons as those terms are defined in Section 2 of the Health-Care and Community Residence Facility, Hospice, and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Code § 44-501); and
(10) Contracts or other agreements between managed care organizations and the Health Care Safety Net Administration or the Medicaid Assistance Administration to provide health services.
| G.8.9 | The Mayor may exempt a contractor from the requirements of the Living Wage Act of 2006, subject to the approval of Council, in accordance with the provisions of Section 109 of the Living Wage Act of 2006. | |
| G.9 | SUBCONTRACTING REQUIREMENTS | |
| G.9.1 | Mandatory Subcontracting Requirements | |
| G.9.1.1 | For contracts in excess of $250,000, at least 35% of the dollar volume shall be subcontracted to certified small business enterprises; provided, however, that the costs of materials, goods, and supplies shall not be counted towards the 35% subcontracting requirement unless such materials, goods and supplies are purchased from certified small business enterprises. | |
| G.9.1.2 | If there are insufficient qualified small business enterprises to completely fulfill the requirement of paragraph G.9.1.1, then the subcontracting may be satisfied by subcontracting 35% of the dollar volume to any certified business enterprises; provided, however, that all reasonable efforts shall be made to ensure that qualified small business enterprises are significant participants in the overall subcontracting work. | |
| G.9.1.3 | A prime contractor, which is certified as a small, local or disadvantaged business enterprise, shall not be required to comply with the provisions of Sections G.9.1.1 and G.9.1.2. | |
| G.9.1.4 | The bidder may contact the Department of Small and Local Business Development (DSLDB) at the telephone number (202) 727-3900 or website: http://lsdbe.dslbd.gov/public/certification/searcG.aspx to research potential certified business enterprise vendors with the capacity to fulfill the mandatory subcontracting requirements. To be deemed responsive, all vendors must submit the mandatory subcontracting plan with their technical proposal on January 31, 2014. | |
| G.9.2 | Subcontracting Plan |
If the prime contractor is required by law to subcontract under this contract, it must subcontract at least 35% of the dollar volume of this contract in accordance with the provisions of Section G.9.1. The prime contractor responding to this solicitation which is required to subcontract shall be required to submit with its proposal, a notarized statement detailing its subcontracting plan. Proposals responding to this RFP shall be deemed nonresponsive and shall be rejected if the offeror is required to subcontract, but fails to submit a subcontracting plan with its proposal. Once the plan is approved by the CO, changes to the plan will only occur with the prior written approval of the CO and the Director of DSLBD.
Each subcontracting plan shall include the following:
| G.9.2.1 | A description of the goods and services to be provided by SBEs or, if insufficient qualified SBEs are available, by any certified business enterprises; | |
| G.9.2.2 | A statement of the dollar value of the bid that pertains to the subcontracts to be performed by the SBEs or, if insufficient qualified SBEs are available, by any certified business enterprises; | |
| G.9.2.3 | The names and addresses of all proposed subcontractors who are SBEs or, if insufficient SBEs are available, who are certified business enterprises; | |
| G.9.2.4 | The name of the individual employed by the prime contractor who will administer the subcontracting plan, and a description of the duties of the individual; | |
| G.9.2.5 | A description of the efforts the prime contractor will make to ensure that SBEs, or, if insufficient SBEs are available, that certified business enterprises will have an equitable opportunity to compete for subcontracts; | |
| G.9.2.6 | In all subcontracts that offer further subcontracting opportunities, assurances that the prime contractor will include a statement, approved by the CO or his or her designee, that the subcontractor will adopt a subcontracting plan similar to the subcontracting plan required by the contract; | |
| G.9.2.7 | Assurances that the prime contractor will cooperate in any studies or surveys that may be required by the CO or his or her designee, and submit periodic reports, as requested by the CO or his or her designee, to allow PCSB to determine the extent of compliance by the prime contractor with the subcontracting plan; | |
| G.9.2.8 | A list of the type of records the prime contractor will maintain to demonstrate procedures adopted to comply with the requirements set forth in the subcontracting plan, and assurances that the prime contractor will make such records available for review upon PCSB’s request; and | |
| G.9.2.9 | A description of the prime contractor's recent effort to locate SBEs or, if insufficient SBEs are available, certified business enterprises, and to award subcontracts to them. | |
| G.9.3 | Subcontracting Plan Compliance Reporting. If the Contractor has an approved subcontracting plan required by law under this contract, the Contractor shall submit to the CO and the Director of DSLBD, no later than the 21st of each month following execution of the contract, a Subcontracting Plan Compliance Report to verify its compliance with the subcontracting requirements for the preceding month. The monthly subcontracting plan compliance report shall include the following information: | |
| G.9.3.1 | The dollar amount of the contract or procurement; | |
| G.9.3.2 | A brief description of the goods procured or the services contracted for; | |
| G.9.3.3 | The name of the business enterprise from which the goods were procured or services contracted; | |
| G.9.3.4 | Whether the subcontractors to the contract are currently certified business enterprises; | |
| G.9.3.5 | The dollar percentage of the contract awarded to SBEs, or if insufficient SBEs, to other certified business enterprises; | |
| G.9.3.6 | A description of the activities the Contractor engaged in, in order to achieve the subcontracting requirements set forth in its plan; and | |
| G.9.3. 7 | A description of any changes to the activities the Contractor intends to make by the next month to achieve the requirements set forth in its plan. | |
| G.9.4 | Subcontractor Standards | |
| G.9.4.1 | A prime contractor shall ensure that subcontractors meet the criteria for responsibility described in D.C. Code § 2-353.01. | |
| G.9.5 | Enforcement and Penalties for Breach of Subcontracting Plan | |
| G.9.5.1 | If during the performance of this contract, the Contractor fails to comply with its approved subcontracting plan, and the CO determines the Contractor’s failure to be a material breach of the contract, the CO shall have cause to terminate the contract under the default clause of the Standard Contract Provisions. | |
| G.9.5.2 | There shall be a rebuttable presumption that a contractor willfully breached its approved subcontracting plan if the contractor (i) fails to submit any required monitoring or compliance report; or (ii) submits a monitoring or compliance report with the intent to defraud. | |
| G.9.5.3 | A contractor that is found to have willfully breached its approved subcontracting plan for utilization of certified business enterprises in the performance of a contract shall be subject to the imposition of penalties, including monetary fines of $15,000 or 5% of the total amount of the work that the contractor was to subcontract to certified business enterprises, whichever is greater, for each such breach. |
G.10 COMPLIANCE WITH THE FAMILY EDUCATION RECORDS PRIVACY ACT, 20 U.S.C. § 1232g AND ITS IMPLEMENTING REGULATIONS, 34 C.F.R. PART 99
| G.10.1 | To perform the services described in Sections A, B, C, and F, Contractor may require access to confidential information, education records, and information that identifies particular individuals, including students. Student data required for the Project may include: names, addresses, family members, emergency contacts, attendance, behavior, discipline, grades, assessments, meals, demographics, special education status, language acquisition, student identification numbers, and other information necessary to improve instruction and school administration. | ||
| G.10.2 | PCSB and Contractor agree to sharing information with each other in a manner consistent with the Family Education Records Privacy Act of 1974, 20 U.S.C. § 1232g; 34 C.F.R. Part 99 (“FERPA”). For purposes of this Agreement, “FERPA” includes any amendments or other relevant provisions of federal law, as well as all requirements of Chapter 99 of Title 34 of the Code of Federal Regulations and reauthorization when effective. | ||
| G.10.3 | The FERPA statutes and regulations provide for circumstances under which educational agencies such as PCSB are authorized to release confidential data from students’ education records regarding individual students without prior parental consent. 34 C.F.R. § 99.31(a)(1)(i)(B) permits PCSB to share personally identifiable student information with a contractor to which it has outsourced institutional services or functions without seeking the prior consent required by 34 C.F.R. § 99.30, if the contractor is under direct control of PCSB with respect to the use and maintenance of education records. As a contractor, Contractor is under the direct control of PCSB with respect to the use and maintenance of the data required for the Project. | ||
| G.10.4 | The following terms further specify the manner in which PCSB agrees to share data with Contractor, subject to FERPA regulations: |
A. PARTIES. Contractor has contracted to perform institutional services on behalf of PCSB. The parties wish to share data collected by PCSB, some of which may allow the identification of individual students. Accordingly, Contractor agrees to:
1. Use personally identifiable data shared under this Agreement only for legitimate educational purposes and for no purpose other than the contractual services authorized by the statement of work for the Project.
2. Use reasonable methods to protect personally identifiable student data received from re-disclosure, and to not share personally identifiable data received under this Agreement with any other entity without prior written approval from PCSB. Contractor ensures that it has policies and procedures to protect student information provided by PCSB from further disclosure and unauthorized use. In the event that it does re-disclose student information, Contractor will inform PCSB immediately upon any re-disclosure of student information
3. Require and maintain a confidentiality agreement with each employee, contractor or agent with access to data pursuant to this Agreement. The agreement will require all employees, contractors and agents of any kind to comply with all applicable provisions of FERPA and other federal laws with respect to the data shared under this Agreement. Nothing in this paragraph authorizes sharing or allowing access to student data provided under this Agreement with any other entity for any purpose other than completing Contractor’s work authorized by the statement of work for the Project.
4. Protect and maintain all student data obtained or permitted access to pursuant to this Agreement in a secure computer environment and not copy, reproduce or transmit data obtained or permitted access to pursuant to this Agreement except as necessary to fulfill the services described in the statement of work for the Project. All copies of data of any type, including any modifications or additions to data from any source that contains information regarding individual students, are subject to the provisions of this Agreement in the same manner as the original data. The ability to access or maintain data under this Agreement shall not under any circumstances transfer from Contractor to any other institution or entity or unauthorized individual or agent.
5. Not to provide any student data obtained or permitted access to under this Agreement to any party that is ineligible to receive data protected by FERPA or prohibited from receiving data from any entity. In order to ensure compliance with all FERPA statutes and regulations, Contractor agrees to provide data to PCSB as contemplated by the statement of work for the Project.
6. Destroy all student data and provide written verification of the destruction of all copies of the student data obtained under this Agreement to PCSB 12 months following the date of completion of the…
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