SOLICITATION No. DCSC-23-RFP-3 - Manage Operate and Maintain Food Services in Judges' Dining Room & Courts' Cafe 8-23-22.pdf

DISTRICT OF COLUMBIA COURTS

SOLICITATION, OFFER AND AWARD

FOR SUPPLIES, OR SERVICES

ISSUED BY: DISTRICT OF COLUMBIA COURTS DATE ISSUED: 8/24/22

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENT AND CONTRACTS BRANCH OPENING DATE:

616 H STREET, N.W., ROOM 612 OPENING TIME:

WASHINGTON, D.C. 20001

SOLICITATION NUMBER: DCSC-23-RFP-3 CLOSING DATE: 9/22/22

CLOSING TIME: 1:00 P.M.

FOR: Manage, Operate and Maintain Food Services MARKET TYPE: Open at the Courts’ Café & Judges’ Dining Room

TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE (X) SEC. DESCRIPTION PAGE

X A Solicitation/Offer/Award Form 1 X H Special Contract Requirements 21

X B Supplies or Services & Price /Cost 5 X I Contract Clauses 31

X C Description/Specs. Work Statement 9 X J List of Attachments 37

D Packaging and Marking 14 X K Representation Certificates 38

X E Inspection and Acceptance 15 X L Instructions, Conditions, Notices 41

X F Deliveries and Performance 16 X M Evaluation Factors for Award 52

X G Contract Administration Data 18

OFFER (TO BE COMPLETED BY OFFEROR) Note: In sealed bid solicitations “Offer” and Offeror” mean Bid” and Bidder.”

The undersigned offers and agrees that, with respect to all terms and conditions accepted by the Courts under “AWARD” below, this offer and the provisions of the RFP/IFB will constitute a Formal Contract.

OFFEROR

Name and title of Person Authorized to Sign Offer:

(Type or Print)

Name:

Street:

City, State:

Zip Code:

Signature

(Seal)

Date:

Area Code &

Telephone Number:

Impress

Corporate

Seal

Corporate (Seal)

(Secretary) _____________________________________ (Attest)

AWARD (To be completed by the District of Columbia Courts)

CONTRACT NO._________________________________________________AWARD AMOUNT $____________________________

ACCEPTED AS TO THE FOLLOWING ITEMS:

DISTRICT OF COLUMBIA COURTS

BY: _____________________________________

CONTRACTING OFFICER

CONTRACT PERIOD: ___________________________________________ ___________________________________

AWARD DATE

A. All written communications regarding this solicitation should be addressed to the

Contracting Officer and should be directed by e-mail to Reginald Ramdat, Contract

Specialist at reginald.ramdat@dccsystem.gov

B. The Courts will post all amendments on the DC Courts Website at https://www.dccourts.gov/about/procurement-contracts-branch. Oral explanations or instructions given by Courts Officials before the award of the contract will not be binding.

REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS

1. ACKNOWLEDGMENT OF AMENDMENTS

The Offeror acknowledges receipt of Addenda to the solicitation and related documents numbered and dated as follows:

AMENDMENT

NO.

DATE

AMENDMENT

NO.

DATE

NOTE: Offeror may acknowledge addendum here or on addendum or both.

2. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

(a) Each signature on the offer is considered to be a certification by the signatory that:

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any Offeror or competitor relating to (i) those prices,

(ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices in the offer;

(2) The prices in this offer have not been and will not be knowingly disclosed by the Offeror, directly or indirectly, to any other Offeror or competitor before offer opening unless otherwise required by law; and mailto:reginald.ramdat@dccsystem.gov https://www.dccourts.gov/about/procurement-contracts-branch

(3) No attempt has been made or will be made by the Offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory;

(1) Is the person in the Offeror’s organization responsible for determining the prices being offered in this offer, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a) (1) through (a) (3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a) (1) through (a) (3) above:

(insert full name or person(s) in the organization responsible for determining the prices offered in this offer and the title of his or her position in the Offeror’s organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b) (2) (1) above have not participated, and will not participate, in any action contrary to subparagraphs (a) (1) through

(a) (3) above; and

(iii) As an agent, has not participated, and will not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) above.

(c) If Offeror deletes or modifies subparagraph (a) (2) above, the Offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

3. TYPE OF BUSINESS ORGANIZATION

Offeror operates as ( ) an individual, ( ) a partnership, ( ) a nonprofit organization, ( ) a corporation, incorporated under the laws of the State of ___________________, ( ) a joint venture, ( ) other.

4. PAYMENT IDENTIFICATION NO.

Please list below applicable vendor information:

Federal Tax I.D. Number: _________________________________________________

Or

Social Security Number: ____________________________________________

Unique Entity Identifier (UEI):____________________________________

DUNS Number: _________________________________________________

Legal Name of Entity Assigned this Number: ___________________________________

Street Address and/or Mailing Address: _______________________________________

City, State, and Zip Code: __________________________________________________

Type of Business: _________________________________________________________

Telephone Number: _______________________________________________________

PAYMENTS UNDER TERMS OF ANY CONTRACT RESULTING FROM THIS

SOLICITATION WILL BE HELD IN ABEYANCE PENDING RECEIPT OF A VALID

FEDERAL TAX IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER.

PART I

SECTION B - SUPPLIES OR SERVICES AND PRICE/COST

B.1 The District of Columbia Courts (the Courts) are seeking a qualified

Contractor/operator to furnish at its own expense, food and beverages and provide for the management, operation and maintenance of the Courts’ Café and the

Judges’ Dining Room located in the Moultrie Building, 500 Indiana Avenue, N.W., Washington, D.C.

B.1.1 The selected Contractor shall furnish at its own expense, all necessary equipment, supplies and materials required to manage and operate the Café and the Judges’

Dining Room.

B.1.2 The Courts currently do not have an incumbent Contractor for this service.

B.2 The Courts may elect to expand its food and beverages operations to include several other annex buildings located in close proximity to the Moultrie (main) building. Accordingly, the proposal should also provide for an option to expand the central operations to include kiosks/food carts for use in the additional buildings (e.g., Buildings A and C), which are within walking distance of the main building.

B.3 Revenue Percentage for the Base Year and Each Option Year

Offerors shall state below the commission (percentage) of the gross revenue they will pay to the Courts:

B.3.1 BASE 5-YEAR COMMISSION (PERCENTAGE) OF GROSS SALES:

Description Monthly Commission (Percentage of the

Gross Sales Payable to the Courts

Furnish Food & Beverages, Management, Operations and Maintenance of the Courts’

Café and Judges’ Dining Room ____________%

B.3.2 OPTION YEAR ONE COMMISSION (PERCENTAGE) OF GROSS SALES:

B.3.3 OPTION YEAR TWO COMMISSION (PERCENTAGE) OF GROSS SALES:

B.3.4 OPTION YEAR THREE COMMISSION (PERCENTAGE) OF GROSS SALES:

B.3.5 OPTION YEAR FOUR COMMISSION (PERCENTAGE) OF GROSS SALES:

B.4 GENERAL/BACKGROUND:

B.4.1 Approximately 1,270 Court employees work in the Moultrie Building. In addition, when court is in session there are approximately 10,000 court visitors daily, including jurors, litigants, attorneys and spectators. Other Court facilities within walking distance of the

Court house approximately 500 Court staff, contractors, and volunteers.

B.4.2 Currently, the Courts have a Public Café and a Judges’ Dining Room. The Courts’ public café operates for the benefit of the Courts’ employees and citizens who visited the facility.

B.4.3 The public patrons’ cafe, with an area of approximately 10,800 gross square feet, has a seating capacity of approximately 225 patrons.

B.4.4 The judges’ dining room, with an area of approximately 2,581 gross square feet

(including the meeting room areas), has a seating capacity of approximately 130.

B.4.5 Given its expansive capital improvements plan and current space requirements, the

Courts can no longer accommodate a full-service food facility.

B.4.6 On average, over 70% of the monthly transactions occurred during lunch (lunch is typically, between 11:00 a.m. and 3:30 p.m.

B.5 INVENTORY

B.5.1 Equipment owned by the Court – Judges’ Dining Room (6th Floor – Moultrie Bldg.):

1. Front display case

2. Bread toaster

3. Steam table

4. Salad station

5. Convection oven

6. Microwave oven

7. Double door refrigerator

8. Double warmer

9. KIOSK

10. Pastry Cases

11. LaMarzocco Espresso Machine

12. Coffee Brewers & Grinders

13. Convection Oven

14. Stand Up Fridge Refrigerator (1)

15. Ice caddy

16. Large warmer (back of dining room)

17. Hot plate

18. Regular oven

19. Pastry case

21. Ice chest

B.5.2 Equipment owned by the Court – Café (C level – Moultrie Bldg.):

1. tables and chairs/stools

2. refrigerators

3. microwaves

4. ovens

5. coffee equipment

6. silver shelving

7. espresso machines

8. blenders

9. soup warmers

10. pastry cases

11. ice machines

12. hot food lamps

13. ice tea gallon containers

14. ice lemonade gallon containers

15. ice coffee gallon containers

NOTE: The selected Contractor will be allowed to use the equipment that belongs to the Court. All other equipment, supplies, and furniture/cases necessary to provide the required service shall be furnished by the selected Contractor at his or her own expense.

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 The District of Columbia Courts (the Courts) are seeking a qualified Contractor/operator to furnish at its own expense to furnish food and beverages and provide for the management, operation and maintenance of the Courts’ Café and the Judges’ Dining

Room located in the Moultrie Building, 500 Indiana Avenue, N.W., Washington, D.C.

The selected Contractor shall furnish at its own expense, all necessary, equipment, supplies and materials required to manage and operate the Café and the Judges’ Dining

Room. Offerors’ proposals shall provide a detailed plan for the management, operation and maintenance for food and beverage at the Courts’ Café and the Judges’ Dining

Room. Offerors shall include the following in their response:

C.1.1 a. Length of Menu cycles

b. Variety and appeal of menus (food and beverage merchandising techniques)

c. Special occasion menus

d. Staffing needs at each location

C.1.2 A sample of the cycle menus for lunch service at each location.

C.1.3 A sample of the cycle menus for breakfast service at each location.

C.1.4 A list of those items which are offered every day and those items which change according to a cycle. List by day only those items which change on a daily basis.

C.1.5 Each location shall offer a complete breakfast menu, which shall include at a minimum the following:

a. Premium coffees, lattes, cappuccinos and teas

b. Breakfast sandwiches and/or wraps.

c. Fruit

d. Yogurts

e. Soft Drinks and Juices

f. Milk

g. Cereals

h. Pastries and Cakes

i. Vegetarian/Vegan options

j. List of other items offered but not mentioned above

C.1.6 Each location shall offer a complete lunch menu, which shall include at a minimum the following:

a. Premium coffees, lattes, cappuccinos and teas

b. Lunch sandwiches and/or wraps.

c. Fruit

d. Yogurts

e. Soft Drinks and Juices

f. Chips, Cookies or Other Snacks

g. Ice Cream

h. Pastries and Cakes

i. Salads

j. Soups

k. Vegetarian/vegan options

l. List of other items offered but not mentioned above

C.2 Pricing

C.2.1 The offeror shall submit a cost proposal in a separate binder which includes prices and portions for each item on one week’s menu for breakfast and lunch. Prices should include all cost of goods, labor, and operating expenses. The offeror's cost proposal shall become a part of the awarded contract. The offeror’s cost proposal shall include all costs for the required services. This pricing information will also be used for evaluation purposes.

C.2.2 The subsequent contract will be a firm-fixed price contract with a monthly percentage of gross sales payable to Courts. The percentage rate offered to the Courts will remain firm for the duration of this contract or any extension thereof.

C.2.3 Menu item prices will remain firm for a period of 365 calendar days from the first day of the contract period. If the Contractor’s unit price for any menu item is increased after 365 calendar days, then the contract unit price may be increased upon approval of the contractor’s written request to the Contracting Officer. Such a request shall include as a minimum (1) the cause for the adjustment; (2) proposed effective date; (3) the amount of the change requested with documentation to support the requested adjustment. Changes in menu item prices will be based on the Consumer Price Index (CPI-U). The increase for any menu item will be limited to five percent (5%) per contract year.

C.2.4 The increased contract unit price may be effective after 365 calendar days provided that the contractor submits a written request, with supporting documentation, for an increase, at least thirty (30) calendar days prior to the proposed effective date of the price increase. The price increase shall become effective only upon approval by the Contracting Officer via a contract modification.

C.2.5 The offeror must indicate on the pricing schedule a monthly percentage fee paid to the

Courts. The percentage fee will be from monthly gross revenue.

C.2.6 Revenue Percentage

Offerors shall indicate in their proposal the percentage rate of the gross revenue they will pay to the Court. (See also Clause B.3) Offerors shall provide price lists with their proposals for the products/items that will be sold in the café, Judges’ dining room and kiosk(s). The price lists submitted with the proposal shall include pricing data adequate to establish the reasonableness of the proposed percentage rate. Offerors shall base the percentage rate offered on the price lists submitted. An estimated yearly profit statement shall also be submitted with the proposal. If the Court cannot determine a correlation of proposed percentage rate with the pricing submitted, it may be cause for non-award.

C.3 The successful offeror shall be responsible for the cleanliness, sanitation and stocking of all of its food and beverage at each location, as well as all related equipment and fixtures.

C.3.1 The successful offeror will be responsible for pest/rodent control and janitorial services on a regular basis in the areas in the food storage and service areas.

C.4 The successful Contractor, upon the request of the Courts will be required to provide food and beverage catering service for special occasions at a fixed fee, which shall be agreed to by the parties. Special occasions shall include luncheons, special staff and judicial meetings, and other functions through a court-approved menu.

The successful vendor will be responsible for all food preparation, set-up, take-down, serving, and provision of appropriate serving supplies and equipment, including transportation. The Courts reserve the right to negotiate with other food service entities for performance of functions held elsewhere within the building, parking lot, and grounds on a temporary basis for special events.

C.5 The successful offeror shall provide all labor, materials, supplies and additional equipment needed to manage, operate and maintain the Courts’ Café and the Judges’

Dining Room between the hours of 7:00 a.m. through 3:30 p.m., Monday through Friday, except for scheduled Court and Federal holidays (See Attachment J.11 for the list of authorized Court holidays).

C.5.1 Each offeror shall submit a detailed implementation schedule/timetable for the Judges’

Dining Room and Café to be fully operational.

C.6 Safety Standard

All work performed and all items supplies shall be in compliance with all applicable federal, state and local laws and safety standards.

C.7 Patents

The contractor shall hold and save the Court, its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for or on account of any patented or unpatented inventions, articles, process, or appliance manufactured or used in performance of this contract including its use by the Court, unless otherwise specifically stipulated in this contract.

C.8 The Court reserves the right to add/delete locations during the contract term.

C.9 Insurance:

The Contractor shall be insured for vandalism and shall be held responsible for repair due to vandalism, at no cost to the Court.

C.10 The Contractor shall be required to maintain the areas for the operation of the café, Judges’ dining room and kiosk(s) clean and sanitary.

C.11 Licenses and Permits:

The Contractor shall obtain and pay for all necessary licenses, permits and certificates, health, municipal or otherwise, arising out of ownership and operation of such food service facility or imposed in connection with or because of the performance of this contract. The Contractor further agrees to pay all federal, state and local taxes and other charges arising out of the performance of this contract.

C.12 Product Warranty:

The Contractor warrants that all merchandise dispensed in relation to this contract will be suitable for human consumption and in particular will conform to federal, state and local laws, rules and regulations. The Contractor agrees to hold the

Courts harmless from damages that may result from its failure to abide by this warranty.

C.13 Court’s Responsibility

The Courts will furnish without charge all electricity and water for the operation of the café and Judges’ dining room.

C.14 Commission Payment and Report of Sales

The Contractor shall furnish to the COTR, detailed monthly operating reports to include gross sales by each location by the 5th of the following month. This report must be submitted along with the commission payment and must clearly indicate the dates and locations covered by the report. The commission shall be based on the agreed percentage of the total gross sales for each month.

C.15 Courts COVID-19 Requirements

All District of Columbia Courts on-site contractors, shall ensure that each of their employees, agents, and subcontractors who provide goods or perform services in person in District of Columbia Courts’ facilities or worksites, or who have in-person contact with other persons in order to complete their work under the contract have been either: (i) fully vaccinated against COVID-19 as required by current vaccination protocols, or (ii) undergoing weekly COVID-19 testing and only reporting to the workplace when such test result is negative, and are wearing masks while working.

Contractors shall be responsible for ensuring compliance with this Order by their employees, agents, and subcontractors, and failure to do so may result in adverse consequences. Each District of Columbia Courts contractor shall, at the request of the District of Columbia Courts, provide to the District of Columbia Courts a certification of its compliance with this requirement.

Contractors also may be required to demonstrate further proof of vaccination and

COVID-19 test results upon request of the Administrative Services Division of the

District of Columbia Courts. Completed vaccination certification forms, and related records, shall be treated as private records exempt from disclosure.

Information included on the forms may be used internally by the District of

Columbia Courts for verification and as any other operational needs require, consistent with local and federal laws and regulations.

Nothing in this Order shall be deemed to prevent contractors from imposing stronger vaccination requirements on their employees, agents, or subcontractors, subject to applicable federal and local laws and regulations.

PART 1

SECTION D - PACKAGING AND MARKING

This section is not applicable to this solicitation.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

E.1.1 DEFINITIONS: "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

District of Columbia Courts covering the services furnished under this contract.

Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Courts during contract performance and for as long as the contract requires.

E.1.3 The District of Columbia Courts have 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 District of Columbia Courts shall perform inspections and test in a manner that will not unduly delay the work.

E.1.4 If the District of Columbia Courts perform inspections or tests on the premises of the Contractor or subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in the contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

E.1.5 If any of the services do not conform with the contract requirements, the District of Columbia 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 reperformance, the Courts may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) 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 District of Columbia Courts may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the District of Columbia Courts that is directly related to the performance of such service or

(2) terminate the contract for default.

SECTION F - DELIVERIES AND PERFORMANCE

F.1 Term of Contract:

F.1.1 The base term of the contract shall be for a five (5) year period from the date of award. The date of award shall be the date the Contracting Officer signs the contract document.

F.1.2 Commencement of Work:

The anticipated commencement date for all food and concession operations shall be the date the Contracting Officer signs the contract.

F.1.3 Option Period:

The District of Columbia Courts may, in its sole discretion, extend the term of this contract for an additional five (5) one (1) year periods or, or a fraction, or multiple fractions thereof.

F.1.3.1 Option to Extend the Term of the Contract:

The District of Columbia Courts may extend the term of this contract for five (5) one (1) year periods, or a fraction, or multiple fractions thereof, by written notice to the Contractor before the expiration of the contract; provided that the District of Columbia Courts shall give the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the District of Columbia 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 30 day preliminary notice requirement by providing a written waiver to the Contracting Officer prior to expiration of the contract.

If the District of Columbia Courts exercise this option, the extended contract shall be considered to include this option provision. The exercise of any option under this contract is contingent upon the appropriation of funds for the respective option period. However, the availability of funds does not obligate the District of Columbia Courts to exercise this option year.

The offeror shall include in its price proposal, the price for the base years and all option years. Failure to submit price for base year and all option years may cause the Courts to exclude your offer from further consideration.

The total duration of this contract including the exercise of any options under this clause, shall not exceed ten (10) years.

F.2 Deliverables:

All Deliverables shall be in a form and manner acceptable to the Courts. The

Contractor shall complete the tasks and provide to the Contracting Officer’s Technical Representative (COTR)) the deliverables specified below within the designated time frames:

F.2.1 The Contractor shall furnish a detailed monthly operating report to include gross sales by each location by the 5th of the following month. This report must be submitted along with the commission payment and must clearly indicate the dates and locations covered by the report. The commission shall be based on the agreed percentage of the total gross sales for each month.

F.2.2 The Contractor shall provide a monthly and year-to-date Profit and Loss

Statement which should include gross and net sales figures.

SECTION G -CONTRACT ADMINISTRATION DATA

G.1 Payment/Invoices:

G.1.1

The Contractor shall furnish to the COTR, a detailed monthly operating report to include gross sales by each location by the 5th of the following month. This report must be submitted along with the commission payment and must clearly indicate the dates and locations covered by the report. The commission shall be based on the agreed percentage of the total gross sales for each month. The check must reflect the month for which the payment is being made. In addition, the successful offeror will provide the Courts a monthly and year-to-date Profit and Loss Statement which should include gross and net sales figures.

G.2 Audits

G.2.1 The contractor shall maintain books, records and documents of all costs and data in support of the services provided. The authorized representative of the Courts shall have the right to audit the books, records and documents of the Contractor under the following conditions:

G.2.1.1 If the contract is terminated for any reason in accordance with the provisions of these contract documents in order to arrive at equitable termination costs;

G.2.1.2 In the event of a disagreement between the Contractor and the Courts on the amount due the Contractor under the terms of this contract;

G.2.1.3 To check or substantiate any amounts invoiced or paid which are required to reflect the costs of services, or the Contractor's efficiency or effectiveness under this contract; and

G.2.1.4 If it becomes necessary to determine the Courts' rights and the Contractor's obligations under the Contract or to ascertain facts relative to any claim against the Contractor which may result in a charge against the Courts.

G.2.2 These provisions for an audit shall give Courts unlimited access during normal working hours to the Contractor's books and records under the conditions stated above.

G.2.3 Unless otherwise provided by applicable statute, the Contractor, from the effective date of final payment or termination hereunder, shall preserve and make available to Courts for a period of three (3) years thereafter, at all reasonable times at the office of the Contractor but without direct charge to the Courts, all its books, records documents and other evidence bearing on the costs and expenses of the services relating to the work hereunder.

G.2.4 Courts' right to audit and the preservation of records shall terminate at the end of three (3) years as stated hereinabove. The Contractor shall include this "Right of

Audit and Preservation of Records" clause in all subcontracts issued by it and they shall require same to be inserted by all lower tier subcontractors in their subcontracts, for any portion of the work. Should the Contractor fail to include this clause in any such contract or lower tier contract, or otherwise fail to insure

Courts’ rights hereunder, the Contractor shall be liable to Courts for all reasonable costs, expenses and attorney's fees which Courts may have to incur in order to obtain an audit or inspection of or the restoration of records which would have otherwise been available to Courts from said persons under this clause. Such audit may be conducted by Courts or its authorized representative.

G.3 Reports

G.3.1 The successful Offeror(s) must maintain all records in compliance with federal and state regulations. The successful Offeror(s) must submit to the Facilities

Management Contract Manager, monthly statistical reports which include gross earnings.

G.3 Contracting Officer and Contracting Officer’s Technical Representative

(COTR)

G.3.1 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:

A. Geoffrey A. Mack Acting Administrative Officer Administrative Services Division District of Columbia Courts 616 H Street, N.W., Suite 622 Washington, D.C. 20001

G.3.2 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:

A. Michael Harrison

Materials Management Specialist Administrative Services Division D.C. Courts 616 H Street, N.W.

Suite 612 Washington, D.C. 20001 202-879-4255 E-mail: Michael.harrison@dccsystem.gov

G.4 Authorized Representative of the Contracting Officer.

G.4.1 The COTR will have the responsibility of ensuring that the work conforms to the requirements of the contract and such other responsibilities and authorities as may be specified in this contract. It is understood and agreed that the COTR shall not have authority to make changes in the scope or terms and conditions of the

G.4.2 The Contractor must contact the COTR in order to obtain a D.C. Courts Release of Claims form. Upon receipt of the form, the Contractor must complete and submitted the Release of Claims form as well as provide a copy of the final electronic invoice to the COTR.

G.4.3 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.

mailto:Michael.harrison@dccsystem.gov

SECTION H - SPECIAL CONTRACTS REQUIREMENTS

H.1 Other Contractors

The Contractor shall not commit or permit any act which will interfere with the performance of work done by any other Courts Contractor or by any Courts employee. If another contractor is awarded a future contract for performance of the required services, the original contractor shall cooperate fully with the Courts and the new contractor in any transition activities which the Contracting Officer deems necessary during the term of the contract.

H.2 Disclosure of Information

H.2.1 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 contract.

H.2.2. In performance of this Contract, the Contractor agrees to assume responsibility for protection of the confidentiality of Courts records and that all work shall be performed under the supervision of the Contractor or the Contractor’s responsible employees.

H.2.3 Each officer 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.2.4 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.3 Rights in Data

H.3.1 "Data" as used herein, means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost and pricing, or management information.

H.3.2 The term "Technical Data" as used herein, means recorded information regardless of form or characteristic. It may, for example, document research, experimental, developmental work, or be used to define a design or process to produce, support, maintain, or update material or documentation. The data may be character, graphic or pictorial delineation in media such as drawings or photographs, text, or related design or performance type documentation. Examples of technical data include research data, documentation drafts, lists, specifications, profiles, standards, process sheets, manuals, and technical reports.

H.3.3 The term "Computer Software" as used herein, means all computer programs and relational computer databases, "Computer Programs" as used herein are defined as a series of instructions or statements in a form acceptable to a computer, designed to cause the computer to execute an operation or operations. Computer programs include operating systems, assemblers, compilers, interpreters, database management systems, utility programs, sort/merge programs, and automatic data processing equipment (ADPE) maintenance diagnostic programs.

H.3.4 All data first produced in the performance of any contract resulting from this solicitation process shall be the sole property of the District of Columbia Courts.

The offeror hereby acknowledges that all data, including, without limitation, produced by the offeror for the process, are works made for hire and are the sole property of the District of Columbia Courts; but, to the extent any such data may not, by operation of law, be works made for hire, the Contractor shall transfer and assign to the Courts the ownership of copyright in works, whether published or unpublished. Further, the Contractor agrees to give the Courts all assistance reasonably necessary to perfect such rights, including but not limited to the works and supporting documentation and the execution of any instrument required to register copyrights. The Contractor agrees not to assert any rights at common law or in equity in such data. The Contractor shall not publish or reproduce such data in whole or in any manner or form, authorize others to do so, without written consent of the District of Columbia Courts until such time as the Courts may release such data to the public domain. The Courts shall not unreasonably withhold consent to the offeror's request to publish or reproduce data in professional or public relations trade publications.

H.4 Key Personnel

H.4.1 The personnel named in the technical proposal will remain responsible throughout the period of this contract. No diversion or replacement may be made without submission of a resume of the proposed replacement with final approval being granted by the Contracting Officer.

H.5 Liquidated Damages

H.5.1 The successful Offeror agrees to begin work and be fully operational on the negotiated startup date. If the successful Offeror fails to begin work on the negotiated startup date, or if during the term of the contract or any renewal period, fails to provide food services, the successful Offeror agrees to pay the Courts as liquidated damages, but not as a penalty, the daily prorated amount of commission paid to the Courts based on the previous fiscal year commissions.

H.6 Data Sources

H.6.1 The Courts will provide the successful Offeror all available data possessed by the

Courts that relates to this contract. However, the successful Offeror is responsible for all costs for acquiring other data or processing, analyzing or evaluating Courts data.

H.7 Safeguards of Information

H.7.1 Unless approved in writing by the Contracting Officer, the successful Offeror may not sell or give to any individual or organization any information, reports, or other materials given to, prepared or assembled by the successful Offeror under the final contract. The successful Offeror(s) must maintain all records in compliance with federal and state laws and regulations.

H.8 Access to and Inspection of Work

H.8.1 The Courts’ Representatives will, at all times, have access to the work being performed under this contract wherever it may be in progress or preparation.

H.9 Use by other Caterers:

H.9.1 The successful offeror will have the first right of refusal right to provide catering services for any events held within the cafeteria. The successful offeror will keep personnel on-site until the completion of the catered event. The successful offeror will also have the use the parking lot and grounds of the District of Columbia Courts Moultrie Building for food service activities, with prior approval of the Courts.

H.9.2 The Courts reserves the right to negotiate with other food service entities for performance of functions held elsewhere within the building, parking lot, and grounds on a temporary basis for special events. Any authorization by the Courts for other food service entities to cater functions elsewhere in the building, parking lot, and grounds will be minimal and the caterer will be required to return the premises to the condition in which they were found.

H.10 Use of Facilities:

H.10.1 The physical facilities made available to the Contractor under this contract shall not be used in connection with operations not included in the contract. However, the Contractor may, if desired, utilize centralized food preparation and storage sources located elsewhere from which distribution is made to facilities operated by the Contractor including the facilities under this contract. Prices charged for the sale of items obtained from other sources shall not exceed the cost of the same items prepared on-site.

H.10.2 The Courts reserves the right to use the dining areas for special occasions, meetings or other assemblies at times other than the Contractor’s normal operating hours. If the Courts exercise its right to use any dining area for this purpose, the Courts will notify the Contractor and assume responsibility for cleaning the areas used.

H.11 Americans with Disabilities Act Requirements

H.11.1 The Courts is fully committed to the Americans with Disabilities Act (ADA) which guarantees non-discrimination and equal access for persons with disabilities in employment, public accommodations, transportation, and all Courts programs, activities and services. Government contractors, subcontractors, vendors, and/or suppliers are subject to this ADA policy. All individuals having any Courts contractual agreement must make the same commitment. Your acceptance of this contract acknowledges your commitment and compliance with

ADA.

H.12 News Release by Vendors

H.12.1 As a matter of policy, the Courts do not endorse the products or services of a contractor. News releases concerning any resultant contract from this solicitation will not be made by a contractor without the prior written approval of the Courts.

All proposed news releases shall be routed to the Contracting Officer for review and approval.

H.13 Security Requirements

H.13.1 The requirement for Contractor personnel to obtain a security clearance as designated by the Contracting Officer may arise per District of Columbia Courts' security policies and procedures. The District of Columbia Courts will notify the

Contractor of all such requirements as soon as practicable.

H.14 Contractor Management Responsibility (MAR 2010)

H.14.1 The Contractor shall appoint a Project Manager who will be the Contractor's

Authorized Representative for technical and administrative performance of all services required hereunder. The Project Manager shall provide the single point of contact through which all Contractor/Court communications, work and technical direction shall flow. The Project Manager will be present at scheduled deliverables presentations and responsible for insuring that any requested changes be made to the final product. The Contractor shall identify the Project Manager, in writing, within 5 days of contract award.

H.15 Suspension of Work (Mar 2010)

(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 of time that the Contracting Officer determines appropriate for the convenience of the

Courts.

(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 Contracting

Officer in the administration of this contract, or (2) by the Contracting Officer'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 interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed-

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order);

and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

H.16 Court Delay of Work (MAR 2010)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly.

Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this

(b) A claim under this clause shall not be allowed-

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

H.17 Safety Precautions (MAR 2010)

(a) The Contractor shall perform all work in accordance with the Safety Standards of the District of Columbia and the Occupational Safety and Health Act of l970.

(b) The Contractor or his representative shall be thoroughly familiar with these standards and have copies of the same available at the project site at all times.

(c) The Courts, its officers, agents, servants and employees shall not be held liable for any property damages or physical harm resulting from inadequate protection.

H.18 Use of Premises (MAR 2010)

(a) The Contractor shall not load or permit the loading of any part of any structure to such an extent as to endanger its safety.

(b) The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform his contract in such a manner as not to interrupt or interfere with the conduct of Court.

(c) Any work necessary to be performed after regular working hours, on

Saturdays, Sundays or legal holidays, shall be performed without additional expense to the Court.

(d) The Contractor shall use only such entrances to the work area as designated by the COTR.

(e) Any work, once started, shall be completed as rapidly as possible and without unnecessary delay.

(f) Only such portions of the premises as required for proper execution of the contract shall be occupied.

(g) All work shall be performed in such manner as to cause minimum annoyance to occupants of adjacent premises and interference with normal traffic.

(h) Work performed in existing buildings shall be executed in a manner that will cause minimum interference with facility occupants.

(i) All work shall be carried on in an orderly manner performed in such manner to cause minimum:

(1) Interference with or disruption of normal activities in the building which is occupied; and

(2) Noises or disturbances.

H.19 Access to Building (MAR 2010)

(a) Contractor will be given access to the building, except secure areas or where work is specified to be performed at specified periods.

(b) Contractor will be given access to buildings only on Monday through Friday of each week.

(c) Contractor shall make all necessary arrangements for access to the building after regular working hours and/or for work on Saturday, Sunday or Holidays with the COTR.

(d) Should the Contractor desire to work on Saturdays, Sundays, or holidays, he/she must receive permission in writing from the COTR or designee. If permission is granted, all work performed shall be at no additional expense to the

Court.

H.20 Availability of Funds for The Next Fiscal Year (MAR 2010)

H.20.1 This contract shall be terminated if funds are not made available for the continuation of the contract in any fiscal year covered by the contract. The

Court's obligation for performance of this contract beyond fiscal 2013 is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Courts for any payment may arise for performance under this contract beyond fiscal year 2013, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

H.21 Consent to Subcontract (MAR 2010)

H.21.1 The Contractor hereunder shall not subcontract any of the Contractor's work or services to any subcontractor without the prior, written consent of the Contracting

Officer. Any work or service so subcontracted shall be performed pursuant to a subcontract agreement which the Courts shall have the rights to review and approve prior to its execution. Any such subcontract shall specify that the

Contractor and the subcontractor shall be subject to every provision if this contract. Notwithstanding any such subcontractor approved by the Court, the

Contractor shall remain liable to the Courts for all contractors' work and services required hereunder.

H.22 Subcontracts (MAR 2010)

(a) Nothing contained in the contract documents shall be construed as creating any contractual relationship between any subcontractor and the Court.

(b) The divisions or sections of the specifications are not intended to control the

Contractor in dividing the work among the subcontractors or to limit the work performed by any trade.

(c) The Contractor shall be as fully responsible to the Court for the acts and omissions of subcontractors, and of persons employed by them as he is for the acts and omissions of persons directly employed by him.

(d) The Contractor shall be responsible for the coordination of the trades, subcontractors, materials, and persons engaged upon his work.

(e) The Court will not undertake to settle any differences between the Contractor and his subcontractors or between subcontractors.

(f) Any work or service so subcontracted shall be performed pursuant to a subcontract agreement which the Courts shall have the rights to review and approve prior to its execution. Notwithstanding any such subcontractor approved by the Court, the Contractor shall remain liable to the Courts for all contractors’ work and services required hereunder.

H.23 Publicity

H.23.1 The Contractor shall at all times obtain the prior written approval from the

Court’s Contracting Officer before it, any of its officers, agents, employees or subcontractors, either during or after…