DCPL 2010 R 0009 Main Solicitation

8/9/2019 DCPL 2010 R 0009 Main Solicitation

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SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr.Library and other DCPL Branch Libraries

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PART I

THE SCHEDULE

If an offeror intends to subcontract under this solicitation, it must subcontract atleast 35% of the dollar volume of this contract in accordance with the provisionsof section M.1.1. The prime contractor responding to this solicitation shall berequired to submit with its proposal, a notarized statement detailing itssubcontracting plan. Proposals responding to this RFP shall be deemednonresponsive and shall be rejected if the bidder intends to subcontract in

accordance with the provisions of section M.1.1, but fails to submit asubcontracting plan with its proposal.

SECTION B SUPPLIES OR SERVICES AND PRICE/COST

B.1 Introduction:

The District of Columbia Public Library is requesting Technical Proposals fromArchitect and Engineer (A/E) firms to provide on-call design services for variousprojects at the MLK Library and other DCPL branch libraries as may be required.

This solicitation is to establish an Indefinite Delivery/ Indefinite Quantity (ID/IQ)contract for Architect and Engineer services. This work shall be accomplished in

the manner and within the time specified in an individual Task Order (TO) and inaccordance with the scope of work.

B.2 RFP OPEN MARKET SOLICITATIONS (SUPPLIES & SERVICES)

B.2.1 Preferences for Certified Business Enterprises

Under the provisions of the Small, Local, and Disadvantaged BusinessEnterprise Development and Assistance Act of 2005, as amended, D.C. OfficialCode 2-218.01 et seq. (the Act), the District shall apply preferences inevaluating proposals from businesses that are small, local, disadvantaged,resident-owned, longtime resident, or local with a principal office located in anenterprise zone of the District of Columbia.

B.3 INDEFINITE DELIVERY/INDEFINITE QUANTITY (ID/IQ)

This is an ID/IQ contract for Architect and Engineering Services and effective forthe period stated. (Two (2) year contract with a Base Year and a One Year OptionPeriod).


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a) Delivery or performance shall be made only as authorized by orders issued inaccordance with the Ordering Clause in Section G.8. The Contractor shallfurnish to the District, when and if ordered, the supplies or services specified

in the Schedule up to and including the maximum quantity (See Section B.4).The District will order at least the minimum quantity (See Section B.4).

b) There is no limit on the number of orders that may be issued. The District mayissue orders requiring delivery to multiple destinations or performance atmultiple locations.

c) Any order issued during the effective period of this contract and notcompleted within that period shall be completed by the Contractor within thetime specified in the order. The contract shall govern the Contractors andDistricts rights and obligations with respect to that order to the same extent as

if the order were completed during the contracts effective period; providedthat the contractor shall not be required to make any deliveries under thiscontract after the conclusion of the two years.


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B.4 Hourly Rates for Architect/Engineering Services

BASE YEARCLINNO.

EMPLOYEESNAME/TITLE

MINIMUMNUMBEROFHOURS

HOURLYRATE

MINIMUMTOTALAMOUNT

MAXIMUMNUMBER OFHOURS

HOURLYRATE

MAXIMUMTOTALAMOUNT

0001 PRINCIPAL INCHARGE

10 40

0002 DESIGNPRINCIPAL

10 45

0003 PROJECTARCHITECT

10 630

0004 STAFFARCHITECT

10 630

0005 SENIORMECHANICALENGINEER

10 225

0006 MECHANICALENGINEER

10 375

0007 SENIORELECTRICALENGINEER

10 90

0008 ELECTRICALENGINEER

10 270

0009 SENIORSTRUCTURALENGINEER

10 105

0010 STRUCTURALENGINEER

10 210

0011 ACOUSTICALCONSULTANT

10 40

GRAND TOTAL _________ ___________ $_________ _________ ___________ $____________


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B.4 Hourly Rates for Architect/Engineering Services

OPTION YEAR ONECLIN

NO1

EMPLOYEES

NAME/TITLE

MINIMUM

NUMBEROFHOURS

HOURLY

RATE

MINIMUM

TOTALAMOUNT

MAXIMUM

NUMBER OFHOURS

HOURLY

RATE

MAXIMUM

TOTALAMOUNT

1001 PRINCIPAL INCHARGE

10 40

1002 DESIGNPRINCIPAL

10 45

1003 PROJECTARCHITECT

10 630

1004 STAFFARCHITECT

10 630

1005 SENIORMECHANICALENGINEER

10 225

1006 MECHANICALENGINEER

10 375

1007 SENIORELECTRICALENGINEER

10 90

1008 ELECTRICALENGINEER

10 270

1009 SENIORSTRUCTURAL

ENGINEER

10 105

1010 STRUCTURALENGINEER

10 210

1011 ACOUSTICALCONSULTANT

10 40

GRAND TOTAL _________ ___________ $_________ _________ ___________ $____________


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C. BACKGROUND:

SECTION C: STATEMENT OF WORK

The Martin Luther King Jr. Memorial Library (the MLK Library) is one of the Districtof Columbia Public Librarys (DCPL) twenty three libraries and serves as the Districtscentral library. It was designed by Ludwig Mies van der Rohe (Mies) who is regardedas one of the pioneers of modern architecture. The MLK Library, a four-story steel andglass structure, is the only building designed by Mies that was constructed in the District,and notably the only public library that he designed.

Completed in 1972 in the international style, the MLK Library consists of approximately400,000 square feet of space and has great artistic and aesthetic value which contributesto the cultural and architectural heritage of the District of Columbia. The buildings

artistry is defined by its harmonious relationships, its use of materials and its attention todetail. The building features a symmetrically arranged steel frame structure with glasscurtain walls that fully express the minimalist Miesian ideal, further complemented bythe spare built-in furnishings (circulation desk, information desk, shelving and cardcatalogs). In addition to the structural materials, a high level of attention was paid to theuse of surface materials, including granite floors that extend from the interior of thebuilding to the street curb on the exterior, and brick walls (originally specified as greenmarble). Details, such as recessed reveals, are carried out consistently throughout thebuilding.

The MLK Library has been designated as a historic landmark and has been listed on the

National Register of Historic Places and the District of Columbia Inventory of HistoricSites since 2007.

C.1 SCOPE OF WORK:

Through this procurement, DCPL seeks to engage an architect/engineer (A/E) toprovide on-call design services for various projects at the MLK Library and other DCPLbranch libraries as may be required. The A/E selected through this procurement will berequired to provide a full range of architectural and engineering services for theindividual projects which DCPL may decided to implement. These projects will includetenant fit-out type work as well as selective upgrades to existing DCPL facilities. Design

services associated with the whole-scale modernization of existing libraries or theconstruction of new libraries will be procured through separate procurements. DCPLanticipates that the on call projects covered by this procurement will take place on arolling basis during the next two years.


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C.2 ANTICIPATED PROJECTS

At present, DCPL anticipates that projects at the MLK Library may include:

o Business and Technology Division Renovationo Addition of vegetative green roofo Various HVAC improvementso Reconfiguration of gallery space on A-Levelo Restoration of original furnitureo Interior and Exterior Paint Analysis Painting of Exterioro Reconfiguration of Great Hall

Given the variety of projects DCPL anticipates undertaking, the precise scope of servicesto be provided by the A/E will be determined by DCPL on a project-by-project basis, and

the AE will be compensated for its services on a time and materials basis. Offerors arerequired to submit hourly rates for the personnel classifications listed in Section B.4 forBase Year and Option Year One. upon such compensation will be based.

C.3 KEY PERSONNEL

In its proposal, each Offeror will be required to identify its key personnel. Key personnelshall include, at a minimum, the following individuals: (i) Principal in Charge; (ii) theDesign Principal; (iii) the Project Manager(s) who would oversee these projects; (iv) theProject Architect(s) who would be assigned to these projects; (v) the lead mechanical andplumbing engineer; (vi) the lead electrical engineer; (vii) the lead structural engineer; and

(viii) the lead individual in key specialty consultants such as acoustical consultant. TheA/E will not be permitted to change any of the key personnel unless DCPL approves theproposed reassignment and the proposed replacement.

C.4 LICENSING. ACCREDITATION AND REGISTRATION

The A/E and all of its subcontractors and subconsultants (regardless of tier) shall complywith all applicable District of Columbia, state, and federal licensing, accreditation, andregistration requirements and standards necessary for the performance of the contract.Without limiting the generality of the foregoing, all drawings shall be signed and sealedby a professional architect or engineer licensed in the District of Columbia.

C.5 CONFORMANCE WITH LAWS

It shall be the responsibility of the A/E to perform under the contract in conformancewith DCPLs Procurement Regulations and all statutes, laws, codes, ordinances,regulations, rules, requirements, orders, and policies of governmental bodies.


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SECTION D PACKAGING AND MARKING

D.1 PACKAGING AND MARKING:

All packaging and marking shall be in accordance with the Standard ContractProvisions for Supplies and Services dated March 2007.


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SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SUPPLIES AND SERVICE CLAUSE

E.1.1 The inspection and acceptance requirements for the resultant contract will begoverned by clause number six (6), Inspection of Supplies and clause numberseven (7), Inspection of Services, of the Government of the District ofColumbias Standard Contract Provisions for use with Supplies and ServicesContracts, dated March 2007, Attachment.

E.2 INSPECTION AND ACCEPTANCE

The Contracting Officer Technical Representative (COTR) as identified inSection G of this contract is responsible for inspection and acceptance of allservices/deliverables submitted under this contract.

E.3 ACCEPTANCE CRITERIA

Certification by the COTR of satisfactory services provided is contingent uponthe Contractor performing in accordance with the terms and conditions of thecontract and all modifications.


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F.2.1 OPTION PERIOD

SECTION F DELIVERIES AND PERFORMANCE

F.1 CONTRACT TYPE

The District contemplates the award of an Indefinite Delivery/Indefinite Quantity(ID/IQ) contract with payment based upon fixed price Task orders.

F.2 TERM OF CONTRACT

The term of the contract shall be for a period of one (1) year, from Date of Awardas specified on page one (1) of the contract.

F.2.2 The District may extend the term of this contract by exercising up to one (1) year,option periods.

F.2.3 The total duration of this contract, including the exercise of any options under thisclause, shall not exceed two years.

F.2.4 OPTION TO EXTEND THE TERM OF THE CONTRACT

The District may extend the term of this contract for one (1) year option periods,or a fraction thereof by written notice to the Contractor before the expiration ofthe contract; provided that the District shall give the Contractor a preliminary

written notice of its intent to extend at least thirty (30) days before the contractexpires. The preliminary notice does not commit the District to an extension.The exercise of this option is subject to the availability of funds at the time of theexercise of this option. The Contractor may waive the thirty (30) day preliminarynotice requirement by providing a written waiver to the Contracting Officer priorto expiration of the contract.

If the District exercises this option, the extended contract shall be considered toinclude this option provision.The fixed unit price for the base year and option year one period shall be

specified in the contract.

F.3 FIRST SOURCE REQUIREMENT REPORTS

F.3.1 Any reports that are required pursuant to H.3.3 of the 51% District Residents NewHires Requirements and First Source Employment Agreement, are to besubmitted to the District as a deliverable. If the report is not submitted as part ofthe deliverables, final payment to the Contractor will not be paid.


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G.2 AUTHORIZED REPRESENTATIVE(S) OF THE CONTRACTOROFFICER

SECTION G CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER

G.1.1 Contracting Officer: The DCPL Contracting Officer who has theappropriate contracting authority is the only DCPL official authorized tocontractually bind the DCPL through signing contract documents. Allcorrespondence to the Agency Chief Contracting Officer shall beforwarded to:

Mr. Wayne R. MinorChief Procurement OfficerDistrict of Columbia Public LibraryOffice of Procurement

901 G Street, N. W. Suite 434Washington, D. C. 20001Attn: Delorise P. Ragins

G.1.2 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

G.1.2.1 The Contracting Officer is the only person authorized to approve changesin any of the requirements of this contract.

G.1.2.2 The Contractor shall not comply with any order, directive or request thatchanges or modifies the requirements of this contract, unless issued in

writing and signed by the Contracting Officer.

G.1.2.3 In the event the Contractor effects any change at the instruction or requestof any person other than the Contracting Officer, the change will beconsidered to have been made without authority and no adjustment will bemade in the contract price to cover any cost increase incurred as a resultthereof.

G2.1 COTR: The Contracting Officer's Technical Representative (COTR) isresponsible for the general administration of the contract and advising theContracting Officer as to the Contractor's compliance or noncompliancewith the contract. In addition, the COTR is responsible for the day-to-daymonitoring and supervision of the contract. The COTR shall be:

Jeffry Bonvechio, DirectorCapital Construction


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District of Columbia Public Library901 G Street, NW, Room 401Washington, D. C. 20001Telephone Number: (202) 442-6070

G.2.2 It is understood and agreed that the COTR shall not have authority tomake changes in the scope of work or terms and conditions of the contract.

G.2.3 The resultant contractor is hereby forewarned that, absent the requisiteauthority of the COTR to make any such changes, contractor may be heldfully responsible for any changes not authorized in advance, in writing, bythe agency chief contracting officer, may be denied compensation or otherrelief for any additional work performed that is not so authorized, and mayalso be required, at no additional cost to the district, to take all correctiveaction necessitated by reason of the unauthorized changes.

G.3 INVOICE PAYMENT

G.3.1 The District will make payments to the Contractor, upon the submission ofproper invoices or vouchers, at the prices stipulated in specific Task Orderfor services performed and accepted, less any discounts, allowances oradjustments provided for in the contract.

G.3.2 The District will pay the Contractor on or before the 30th day afterreceiving a proper invoice from the Contractor.

G.4 METHOD OF PAYMENT

G.4.1 The Contractor shall be paid based on satisfactory performance at the rateand price stated in Section B.

G.5 INVOICE SUBMITTAL

G.5.1 The Contractor shall submit proper invoices on a monthly basis or asotherwise specified in the contract. Invoices shall be prepared in duplicateand submitted to the agency Chief Financial Officer (CFO) withconcurrent copies to the Contracting Officers Technical Representative(COTR) as specified in G.2. The address of the CFO is:

Budget and FinanceD. C. Public LibraryAccounting Office901 G Street, NWRoom 441Washington, DC 20001


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(202) 727-1198

G.5.2 To constitute a proper invoice, the following information shall beincluded:

G.5.3.1 The contractor's name, Federal Tax ID, DUNS Number and invoice date;

G.5.3.2 The contract number, block number two (2) and encumbrance number,Block Number twenty-one (21) of the Solicitation Cover Sheet;

G.5.3.3 Task Order number, date of Task Order, and copy of the Task Order:

G.5.3.4 Other supporting documentation or information, as required by theContracting Officer;

G.5.3.5 Name, title, phone number, and complete mailing address of responsible

official to whom payment is to be sent;

G.5.3.6 Name, title, phone number of person preparing invoice;

G.5.3.7 Name, title, phone number and mailing address of person (if differentfrom the Person identified in (G.5.3.6) above to be notified in the event ofa defective invoice);

G.5.3.5 Encumbrance number (Changes with each order, 4 to 6 digits); and

G.5.3.6 Authorized signature.

G.5.3 Inquiries relative to payments shall be directed to the Accounting Office.

G.5.4 The Contractor shall submit final invoices no later than thirty days (30)after expiration of the contract.

G.5.5 The District shall not be obligated to pay for any services which are not incompliance with the terms and conditions of this contract.

G.6 FIRST SOURCE AGREEMENT REQUEST FOR FINAL

PAYMENT

G.6.1 For contracts subject to the 51% District Residents New HiresRequirements and First Source Employment Agreement, final request forpayment must be accompanied by the report or a waiver of compliancediscussed in H.3.7

G.6.2 No final payment shall be made to the Contractor until the CFO hasreceived the COs final determination or approval of waiver of the


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Contractors compliance with 51% District Residents New HiresRequirements and First Source Employment Agreement.

G.7. ASSIGNMENTS

G.7.1 In accordance with 27 DCMR 3250, unless otherwise prohibited by thiscontract, the Contractor may assign monies due or to become due as aresult of the performance of this contract to a bank, trust company, orother financing institution.

G.7.2 Any assignment shall cover all unpaid amounts payable under thiscontract, and shall not be made to more than one party.

G.7.3 Notwithstanding an assignment of money claims pursuant to authoritycontained in this contract, the Contractor, not the assignee, is required toprepare invoices. Where such an assignment has been made, the original

copy of the invoice must refer to the assignment and must show thatpayment of the invoice is to 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).

G.8 ORDERING CLAUSE /TASK ORDER PROCEDURES FOR

INDEFINITE DELIVERY/INDEFINITE QUANTITY (ID/IQ)

A. Any services to be performed under this contract shall be ordered

by issuance of task orders by the Contracting Officer. All TaskOrders are subject to the terms and conditions of this contract.

In the event of a conflict between a Task Order and this contract,the contract shall control.


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PART II

SECTION I - CONTRACT CLAUSES

H.1 PUBLICITY

The Contractor shall at all times obtain the prior written approval from the ChiefProcurement Officer before it, any of its officers, agents, employees orsubcontractors, either during or after expiration or termination of the contract,make any statement, or issue any material, for publication through any medium ofcommunication, bearing on the work performed or data collected under thiscontract.

H.2 FREEDOM OF INFORMATION ACT

The District of Columbia Freedom of Information Act, at D.C. Official Code 2-

532 (a-3), requires the District to make available for inspection and copying anyrecord produced or collected pursuant to a District contract with a privatecontractor to perform a public function, to the same extent as if the record weremaintained by the agency on whose behalf the contract is made. If the Contractorreceives a request for such information, the Contractor shall immediately send therequest to the COTR designated in subsection G.9 who will provide the request tothe FOIA Officer for the agency with programmatic responsibility in accordancewith the D.C. Freedom of Information Act. If the agency with programmaticresponsibility receives a request for a record maintained by the Contractorpursuant to the contract, the COTR will forward a copy to the Contractor. Ineither event, the Contractor is required by law to provide all responsive records to

the COTR within the timeframe designated by the COTR. The FOIA Officer forthe agency with programmatic responsibility will determine the releasability ofthe records. The District will reimburse the Contractor for the costs of searchingand copying the records in accordance with D.C. Official Code 2-532 andChapter 4 of Title 1 of theD.C. Municipal Regulations.

H.3 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND

FIRST SOURCE EMPLOYMENT AGREEMENT

H.3.1 The Contractor shall comply with the First Source Employment Agreement Act of1984, as amended, D.C. Official Code, 2-219.01 et seq. (First Source Act).

H.3.2 The Contractor shall enter into and maintain, during the term of the contract, aFirst Source Employment Agreement in which the Contractor shall agree that:The first source for finding employees to fill all jobs created in order to performthis contract shall be the Department of Employment Services (DOES); and


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(1) A good faith effort to comply is demonstrated by the Contractor;The Contractor is located outside the Washington Standard MetropolitanStatistical Area and none of the contract work is performed inside the WashingtonStandard 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, PrinceWilliam, 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 andJefferson.The Contractor enters into a special workforce development training or placementarrangement with DOES; or

DOES certifies that there are insufficient numbers of District residents in the labormarket possessing the skills required by the positions created as a result of thecontract.

H.3.7 Upon receipt of the contractors final payment request and related documentationpursuant to sections H.3.5 and H.3.6, the Contracting Officer shall determinewhether the Contractor is in compliance with section H.3.4 or whether a waiver ofcompliance pursuant to section H.3.6 is justified. If the Contracting Officerdetermines that the Contractor is in compliance, or that a waiver of compliance isjustified, the Contracting Officer shall, within two business days of making thedetermination forward a copy of the determination to the Agency Chief FinancialOfficer and the COTR.

H.3.8 Willful breach of the First Source Employment Agreement, or failure to submit

the report pursuant to section H.3.5, or deliberate submission of falsified data,may be enforced by the Contracting Officer through imposition of penalties,including monetary fines of 5% of the total amount of the direct and indirect laborcosts of the contract. The Contractor shall make payment to DOES. TheContractor may appeal to the D.C. Contract Appeals Board as provided in thecontract any decision of the Contracting Officer pursuant to this section H.3.8.

H.3.9 The provisions of sections H.3.4 through H.3.8 do not apply to nonprofitorganizations.

H.4 DEPARTMENT OF LABOR WAGE DETERMINATIONS

The Contractor shall be bound by the Wage Determination No 2005-2103,Revision No. 8, dated May 26, 2009, issued by U.S. Department of Labor inaccordance with the Service Contract Act of 1965, as amended (41 U.S.C. 351)and incorporated herein as attachment of this contract The Contractor shall bebound by the wage rates for the term of the contract.


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H.5 AUDITS, RECORDS, AND RECORD RETENTION

H.5.1 At any time or times before final payment and three (3) years thereafter, theContracting Officer may have the Contractors invoices or vouchers andstatements of cost audited. For cost reimbursement contractsany payment may

be reduced by amounts found by the Contracting Officer not to constituteallowable costs as adjusted for prior overpayment or underpayment. In theevent that all payments have been made to the Contractor by the DistrictGovernment and an overpayment is found, the Contractor shall reimburse theDistrict for said overpayment within thirty (30) days after written notification.

H.5.2 The Contractor shall establish and maintain books, records, and documents(including electronic storage media) in accordance with generally acceptedaccounting principles and practices which sufficiently and properly reflect allrevenues and expenditures of funds provided by the District under the contractthat results from this solicitation.

H.5.3 The Contractor shall retain all records, financial records, supporting documents,statistical records, and any other documents (including electronic storage media)pertinent to the contract for a period of five (5) years after termination of thecontract, or if an audit has been initiated and audit findings have not beenresolved at the end of five (5) years, the records shall be retained until resolutionof the audit findings or any litigation which may be based on the terms of thecontract.

H.5.4 The Contractor shall assure that these records shall be subject at all reasonabletimes to inspection, review, or audit by Federal, District, or other personnel duly

authorized by the Contracting Officer.

H.5.5 Persons duly authorized by the Contracting Officer shall have full access to andthe right to examine any of the Contractors contract and related records anddocuments, regardless of the form in which kept, at all reasonable times for aslong as records are retained.

H.5.6 The Contractor shall include these aforementioned audit and record keepingrequirements in all approved subcontracts and assignments.


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SECTION I: CONTRACT CLAUSES

I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS

The Standard Contract Provisions for use with District of Columbia Government

Supplies and Services Contracts dated March 2007 (SCP), are incorporated aspart of the contract resulting from this solicitation. To obtain a copy of the SCPgo towww.ocp.dc.gov, click on OCP Policies under the heading Information,then click on Standard Contract Provisions Supplies and Services Contracts.

I.2 CONTRACTS THAT CROSS FISCAL YEARS

Continuation of this contract beyond the current fiscal year is contingent uponfuture fiscal appropriations.

I.3 CONFIDENTIALITY OF INFORMATION

All information obtained by the Contractor relating to any employee or customerof the District will be kept in absolute confidence and shall not be used by theContractor in connection with any other matters, nor shall any such informationbe disclosed to any other person, firm, or corporation, in accordance with theDistrict and Federal laws governing the confidentiality of records.

I.4 TIME

Time, if stated in a number of days, will include Saturdays, Sundays, andholidays, unless otherwise stated herein.

I.5 RIGHTS IN DATA

I.5.1 Data, as used herein, means recorded information, regardless of form or themedia on which it may be recorded. The term includes technical data andcomputer software. The term does not include information incidental to contractadministration, such as financial, administrative, cost or pricing, or managementinformation.

I.5.2 The term Technical Data, as used herein, means recorded information,regardless of form or characteristic, of a scientific or technical nature. It may, for

example, document research, experimental, developmental or engineering work,orbe usable or used todefine a design or process or to procure, produce, support,maintain, or operate material. The data may be graphic or pictorial delineations inmedia such as drawings or photographs, text in specifications or relatedperformance or designtype documents or computer printouts. Examples oftechnical data include research and engineering data, engineering drawings andassociated lists, specifications, standards, process sheets, manuals, technicalreports, catalog item identifications, and relatedinformation, and computer
http://www.ocp.dc.gov/http://www.ocp.dc.gov/http://www.ocp.dc.gov/http://www.ocp.dc.gov/


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software documentation. Technical data does not include computer software orfinancial, administrative, cost and pricing, and management data or otherinformation incidental to contract administration.

I.5.3 The term Computer Software, as used herein means computer programs and

computer databases. Computer Programs, as used herein means a series ofinstructions or statements in a form acceptable to a computer, designed to causethe computer to execute an operation or operations. "Computer Programs"include operating systems, assemblers, compilers, interpreters, data managementsystems, utility programs, sort merge programs, and automated data processingequipment maintenance diagnostic programs, as well as applications programssuch as payroll, inventory control and engineering analysis programs. Computerprograms may be either machine-dependent or machine-independent, and may begeneral purpose in nature or designed to satisfy the requirements of a particularuser.

I.5.4 The term "computer databases", as used herein, means a collection of data in aform capable of being processed and operated on by a computer.

I.5.5 All data first produced in the performance of this Contract shall be the soleproperty of the District. The Contractor hereby acknowledges that all data,including, without limitation, computer program codes, produced by Contractorfor the District under this Contract, are works made for hire and are the soleproperty of the District; but, to the extent any such data may not, by operation oflaw, be works made for hire, Contractor hereby transfers and assigns to theDistrict the ownership of copyright in such works, whether published orunpublished. TheContractor agrees to give the District all assistance reasonably

necessary to perfect such rights including, but not limited to, the works andsupporting documentation and the execution of any instrument required to registercopyrights. The Contractor agrees not to assert any rights in common law or inequity in such data. The Contractor shall not publish or reproduce such data inwhole or in part or in any manneror form, or authorize others to do so, withoutwritten consent of the District until such time as the District may have releasedsuch data to the public.

I.5.6 The District will have restricted rights in data, including computer software andall accompanying documentation, manuals and instructional materials, listed ordescribed in a license or agreement made a part of this contract, which the partieshave agreed will be furnished with restricted rights, provided however,notwithstandinganycontrary provision in any such license or agreement, suchrestricted rights shall include, as a minimum the right to:

I.5.6.1 Use the computer software and all accompanying documentation and manualsor instructional materials with the computer for which or with which it was


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acquired, including use at any District installation to which the computer maybe transferred by the District;

I.5.6.2 Use the computer software and all accompanying documentation and manualsor instructional materials with a backup computer if the computer for which or

with which it was acquired is inoperative;

I.5.6.3 Copy computer programs for safekeeping (archives) or backup purposes; andmodify the computer software and all accompanying documentation andmanuals or instructional materials, or combine it with other software, subject tothe provision that the modified portions shall remain subject to theserestrictions.

I.5.7 The restricted rights set forth in section I.5.6 are of no effect unless

(i) the data is marked by the Contractor with the following legend:RESTRICTED RIGHTS LEGEND

Use, duplication, or disclosure is subject to restrictions stated in ContractNo.______________________________________________With _____________________________________(Contractors Name); and

(ii) If the data is computer software, the related computer softwaredocumentation includes a prominent statement of the restrictionsapplicable to the computer software. The Contractor may not place any

legend on the computer software indicating restrictions on the Districtsrights in such software unless the restrictions are set forth in a license oragreement made a part of the contract prior to the delivery date of thesoftware. Failure of the Contractor to apply a restricted rights legend tosuch computer software shall relieve the District of liability with respect tosuch unmarked software.

I.5.8 In addition to the rights granted in Section I.5.6 above, the Contractor herebygrants to the District a nonexclusive, paid-up license throughout the world, of thesame scope as restricted rights set forth in Section I.5.6 above, under anycopyright owned by the Contractor, in any work of authorship prepared for or

acquired by the District under this contract. Unless written approval of theContracting Officer is obtained, the Contractor shall not include in technical dataor computer software prepared for or acquired by the District under this contractany works of authorship in which copyright is not owned by the Contractorwithout acquiring for the District any rights necessary to perfect a copyrightlicense of the scope specified in the first sentence of this paragraph.


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I.5.9 Whenever any data, including computer software, are to be obtained from asubcontractor under this contract, the Contractor shall use this clause, I.5, Rightsin Data, in the subcontract, without alteration, and no other clause shall be used toenlarge or diminish the Districts or the Contractors rights in that subcontractordata or computer software which is required for the District.

I.5.10 For all computer software furnished to the District with the rights specified inSection I.5.5, the Contractor shall furnish to the District, a copy of the source codewith such rights of the scope specified in Section I.5.5. For all computer softwarefurnished to the District with the restricted rights specified in Section I.5.6, theDistrict, if the Contractor, either directly or through a successor or affiliate shallcease to provide the maintenance or warranty services provided the District underthis contract or any paid-up maintenance agreement, or if Contractor should bedeclared bankrupt or insolvent by a court of competent jurisdiction, shall have theright to obtain, for its own and sole use only, a single copy of the then currentversion of the source code supplied under this contract, and a single copy of the

documentation associated therewith, upon payment to the person in control of thesource code the reasonable cost of making each copy.

I.5.11 The Contractor shall indemnify and save and hold harmless the District, itsofficers, agents and employees acting within the scope of their official dutiesagainst any liability, including costs and expenses, (i) for violation of proprietaryrights, copyrights, or rights of privacy, arising out of the publication, translation,reproduction, delivery, performance, use or disposition of any data furnishedunder this contract, or (ii) based upon any data furnished under this contract, orbased upon libelous or other unlawful matter contained in such data.

I.5.12 Nothing contained in this clause shall imply a license to the District under anypatent, or be construed as affecting the scope of any license or other rightotherwise granted to the District under any patent.

I.5.13 Paragraphs I.5.6, I.5.7, I.5.8, I.5.11 and I.5.12above are not applicable to materialfurnished to the Contractor by the District and incorporated in the work furnishedunder contract, provided that such incorporated material is identified by theContractor at the time of delivery of such work

I.6 OTHER CONTRACTORS

The Contractor shall not commit or permit any act that will interfere with theperformance of work by another District contractor or by any District employee.


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I.7 SUBCONTRACTS

The Contractor hereunder shall not subcontract any of the Contractors work orservices to any subcontractor without the prior written consent of the Contracting

Officer. Any work or service so subcontracted shall be performed pursuant to asubcontract agreement, which the District will have the right to review andapprove prior to its execution by the Contractor. Any such subcontract shallspecify that the Contractor and the subcontractor shall be subject to everyprovision of this contract. Notwithstanding any such subcontract approved by theDistrict, the Contractor shall remain liable to the District for all Contractor's workand services required hereunder.

I.8. INSURANCE

I.8.1 The Contractor at its expense shall obtain the minimum insurance coverage setforth below within ten (10) calendar days after being called upon by the District todo so and keep such insurance in force throughout the contract award period.

I.8.2 Public Liability and Property Damage Insurance: Insurance against liability forpersonal and bodily injury and property damage and machinery insurance in theamount of least $100,000.00 for each individual and $500,000.00 for eachoccurrence (liability) and $20,000.00 per occurrence for property damage.

I.8.3 Workers Compensation: The contractor shall carry workers compensationinsurance covering all of its employees employed upon the premises and in

connection with its other operations pertaining to this agreement, and thecontractor agrees to comply at all times with the provisions of the workerscompensation laws of the District.

I.8.4 Employers Liability: The contractor shall carry employers liability of at least$100,000.00.

I.8.5 Comprehensive Automobile Liability Insurance (applicable to owned, non-ownedand hired vehicles): The contractor shall carry comprehensive automobile liabilityinsurance applicable to owned, non-owned and hired vehicles used inperformance of the contract against liability for bodily injury and property

damage. Polices shall provide coverage of at least $200,000 per person and$500,000 per occurrence for bodily injury and $20,000 per occurrence forproperty damage.

I.8.6 All insurance provided by the Contractor as required by this section, exceptcomprehensive automobile liability insurance, shall set for the District as an


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additional insured. All insurance shall be written with responsible companieslicensed by the District with a duplicate copy to be sent to the District.The policies of insurance shall provide for at least thirty- (30) days written noticeto the District prior to their termination or material alteration.

I.9 EQUAL EMPLOYMENT OPPORTUNITY

In accordance with the District of Columbia Administrative Issuance System,Mayors Order 85-85 dated June 10, 1985, the forms for completion of the EqualEmployment Opportunity Information Report are incorporated herein . An awardcannot be made to any offeror who has not satisfied the equal employmentrequirements.

I.10 ORDER OF PRECEDENCE

Any inconsistency in this solicitation shall be resolved by giving precedence in

the following order: the , Specifications/Work Statement (Section C), the SpecialContract Requirements (Section H), the Contract Clauses (Section I), and theSCP.

I.11 CONTRACTS IN EXCESS OF ONE MILLION DOLLARS

Any contract in excess of $l,000,000 shall not be binding or give rise to any claimor demand against the District until approved by the Council of the District ofColumbia and signed by the Contracting Officer.


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PART III

SECTION J: LIST OF ATTACHMENTS

J.1. Martin Luther King Design Guidelines

J.2. Tax Certification Affidavit

J.3. First Source Employment Agreement

J.4. Required Labor Contractor Provisions

J.5 Wage Determination No.: 2005-2103, Revision No.: 8, Date of Revision: May

26, 2009

J.6. Certification of Eligibility

J.7. Certification Regarding Debarment, Suspension, Ineligibility and VoluntaryExclusion-Lower Tier Covered Transaction

J.8. Payment to Subcontractor and Suppliers Certification

J.9. Equal Opportunity Compliance


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SECTION L EVALUATION AND AWARD CRITERIA

L.1 EVALUATION PROCESS

The DCPL shall evaluate submissions and any best and final offers in accordance withthe provisions of this Section L

L.2 EVALUATION COMMITTEE

and the applicable Procurement Regulations.

Each submission shall be evaluated in accordance with this Section L

L.3.1 LENGTH OF ORAL PRESENTATION

by an EvaluationCommittee. The Evaluation Committee shall prepare a written report summarizing itsfindings and submit the same to the source selection official. Based on the informationsubmitted by the Offerors in response to this RFP and the report prepared by theEvaluation Committee, the source selection official shall select the Offeror(s) whosesubmissions are determined by the source selection official to be the most advantageous

to the DCPL.

L.3 ORAL PRESENTATION

DCPL intends to interview those Offerors that are in the competitive range; however, itreserves the right to award without interview Offerors if it determines that interviews areunnecessary given the contents of the written proposals. If DCPL conducts suchinterviews, each Offeror within the competitive range shall make an oral presentation toDCPLs Evaluation Committee, and participate in a question and answer session. Thepurpose of the oral presentation and the question and answer session is to permit theEvaluation Committee to fully understand and assess the qualifications of each Offeror

and the Offerors key personnel. The submission will be re-scored at the conclusion ofthe oral presentation.

Each Offeror will be given up to 30 minutes to make the presentation. At the end of theinitial presentation, there will be a break for approximately 15 minutes for the EvaluationCommittee to assess the presentation and prepare questions. The Offeror will thenrespond to questions from DCPLs Evaluation Committee for no more than 30 minutes.

L.3.2 SCHEDULE

The order of presentation will be selected randomly and the Offerors will be informed oftheir presentation date before the beginning of oral presentations. DCPL reserves theright to reschedule any Offerors presentation at the discretion of the contracting officer.


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L.3. OFFEROR ATTENDEES

The oral presentation will be made by the Offerors personnel who will be assigned thekey jobs for this project. Each Offeror will be limited to 8 persons. The job functions of

the persons attending the presentation will be considered to be an indication of theOfferors assessment of the key areas of responsibility that are deemed essential to thesuccessful completion of the Project.

L.3.4 TOPICS

The Offeror may present information about its capabilities and special qualifications toserve as Design-Builder for this Project, including the qualifications of key personnel.

L.4. PROPOSAL EVALUATION

Each proposal will be scored on a scale of 1 to 100 points. In addition, Offerors will beeligible to receive up to 12 preference points for participation by Local, Small orDisadvantaged Business Enterprises as described in the RFP. Thus, the maximumnumber of points possible is 112. The contract will be awarded to the Offeror with thehighest evaluated score.

L.4.1 EXPERIENCE & REFERENCES (30 Points)

DCPL desires to engage an A/E with the experience necessary to realize the objectivesset forth in this RFP. Offerors will be evaluated based on their demonstrated experiencein: (i) the design of libraries and knowledge thereof; (ii) the design of projects and

renovations of historic facilities in an urban setting, including experience and knowledgeof Mies Van deRogh buildings; (iii) cost estimating and value engineering/management;and (iv) knowledge of the local regulatory agencies and Code Officials, specifically DCHistoric Preservation Office. If the Offeror is a team or joint venture of multiplecompanies, the Evaluation Panel will consider the experience of each member of the teamor joint venture in light of their role in the proposed team or joint venture. This elementof the evaluation will be worth up to thirty (30) points.

L.4.2 KEY PERSONNEL (25 Points)

DCPL desires that the A/E assign to this project personnel who have necessary

experience and professional credentials for the role each such individual is assigned. Theavailability and experience of the key individuals assigned to this project will beevaluated as part of this element. This element of the evaluation will be worth up totwenty five (25) points.


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L.4.3 COST (25 Points)

Offerors will be required to submit hourly rates for the personnel classifications set forth

in section B.4 This element of the evaluation will be worth up to twenty five (25) points

L.4.4 MANAGEMENT PLAN (10 Points)

Offerors are required to submit a design Management Plan. The Design ManagementPlan should clearly explain how the A/E intends to manage and implement projects.Among other things, it should explain: (i) how the A/E manage the intake a staffassignment process as projects are assigned to it; (ii) the initial consultation and scopingprocess that the A/E will go through with regard to each such project; (iii) how the A/Ewill manage the design process, including the manner in which it will manage thenecessary engineering subconsultants so as to ensure that the drawings are properly

coordinated; (iv) how the A/E will manage the value engineering/management process;and (v) how the A/E proposes to staff and handle construction administration and interactwith a builder engaged to implement the design. This element of the evaluation will beworth up to ten (10) points.

L.4.5 LSDBE COMPLIANCE/UTILIZATION (10 Points)

DCPL desires the selected A/E to provide the maximum level of participation for Local,Small and Disadvantaged Business Enterprises as well as employment opportunities forDistrict of Columbia residents. Offerors will be evaluated in light of their demonstratedexperience in meeting such goals and their proposed LSDBE Utilization Plan. This

factor of the evaluation will be worth up to ten (10) points.

L.5. PROPOSAL FORM

Each Offeror should structure its proposal so as to include the following information: Theproposal shall not exceed 30 pages or 60 printed surfaces, excluding front and backcovers. No fold-outs.

L.5.1 EXECUTIVE SUMMARY

Each Offer should provide a summary of no more than three pages of the information

contained in the following sections.

L.5.2 GENERAL TEAM INFORMATION AND FIRM(S) DATA

Each Offeror should provide the following information for the principal A/E firm andeach of its subconsultants.


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A. Name(s), address(es), and role(s) of each firm (including all sub-consultants)B. Firm profile(s), including:

i. Ageii. Firm history(ies)iii. Firm size(s)iv. Areas of specialty/concentrationv. Current firm workload(s) projected over the next two years

C. Description of the team organization and personal qualifications of key staff,

including:

i. Identification of the single point of contact for the A/E.

ii. Organizational chart illustrating reporting lines and names and titles forkey participants proposed by the team.

iii. Resumes for each key participant on the team, including definition of thatpersons role, relevant project experience, and current workload over thenext two years.

L.5.3 RELEVANT EXPERIENCE AND CAPABILITIES

A. List all

projects that the team members have worked on in the last 5 yearsthat are similar to this project. For purposes of this paragraph, similarshall mean historic renovation projects involving public buildings wherethe total project budget exceeded $2,000,000. This information may beprovided in an overview matrix format or brief list; however, it shouldinclude the name and location of the facility, the name of the owner, thetime frame of the project, the original budget for the project, and whetherthe project was delivered on-time and on-budget. If a project was notdelivered on-time or on budget, a brief description of the reasons should

be provided.

B. Detailed descriptions of no more than eight (8) projects that best illustratethe A/Es experience and capabilities relevant to this project. On eachproject description, please provide all of the following information inconsistent order:

i. Project name and location


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ii. Name, address, contact person and telephone number for owner referenceiii. Brief project description including project cost, square footage, firms

scope of work, and key firm strengths exhibited

iv. Identification of personnel involved in the selected project who areproposed to work on this project

v. Project process and schedule data including construction delivery method,and construction completion date (any unusual events or occurrences thataffected the schedule should be explained)

vi. Construction cost data including pre-construction budget, and actualconstruction cost (if actual construction cost exceeds original, pleaseexplain why)

L.5.4 MANAGEMENT PLAN

Each Offeror should submit the management plan contemplated in Section L.4.3 of thisRFP.

L.5.5 COST INFORMATION

The Offeror should submit the Bid Form in substantially the form ofSection B.4


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RFP OPEN MARKET SOLICITATIONS (SUPPLIES & SERVICES)

M. If an offeror intends to subcontract under this solicitation, it must subcontract atleast 35% of the dollar volume of this contract in accordance with the provisionsof section M.1.1. The prime contractor responding to this solicitation shall berequired to submit with its proposal, a notarized statement detailing itssubcontracting plan. Proposals responding to this RFP shall be deemednonresponsive and shall be rejected if the bidder intends to subcontract inaccordance with the provisions of section M.1.1, but fails to submit asubcontracting plan with its proposal.

M.1. Preferences for Certified Business Enterprises

Under the provisions of the Small, Local, and Disadvantaged Business

Enterprise Development and Assistance Act of 2005, as amended, D.C.

Official Code 2-218.01 et seq. (the Act), the District shall apply

preferences in evaluating proposals from businesses that are small, local,

disadvantaged, resident-owned, longtime resident, or local with a principal

office located in an enterprise zone of the District of Columbia.

M.1.1 Subcontracting Requirements

If the prime contractor subcontracts any portion of the work under this contract,

the prime contractor shall meet the following subcontracting requirements:

M.1.1.1 At least 35% of the dollar volume shall be subcontracted to certified smallbusiness enterprises; provided, however, that the costs of materials, goodsand supplies shall not be counted towards the 35% subcontractingrequirement unless such materials, goods and supplies are purchased fromcertified small business enterprises; or

M.1.1.2 If there are insufficient qualified small business enterprises to completelyfulfill the requirement of paragraph M.1.1.1, then the subcontracting maybe satisfied by subcontracting 35% of the dollar volume to any certified

business enterprises; provided, however, that all reasonable efforts shall bemade to ensure that qualified small business enterprises are significantparticipants in the overall subcontracting work.

M.1.2

For evaluation purposes, the allowable preferences under the Act for this

procurement shall be applicable to prime contractors as follows:

Application of Preferences


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M.1.2.1 Any prime contractor that is a small business enterprise (SBE) certifiedby the Department of Small and Local Business Development (DSLBD)will receive the addition of three points on a 100-point scale added to theoverall score for proposals submitted by the SBE in response to this

Request for Proposals (RFP).

M.1.2.2 Any prime contractor that is a resident-owned business (ROB) certifiedby DSLBD will receive the addition of five points on a 100-point scaleadded to the overall score for proposals submitted by the ROB inresponse to this RFP.

M.1.2.3 Any prime contractor that is a longtime resident business (LRB) certifiedby DSLBD will receive the addition of ten points on a 100-point scaleadded to the overall score for proposals submitted by the LRB inresponse to this RFP.

M.1.2.4 Any prime contractor that is a local business enterprise (LBE) certifiedby DSLBD will receive the addition of two points on a 100-point scaleadded to the overall score for proposals submitted by the LBE inresponse to this RFP.

M.1.2.5 Any prime contractor that is a local business enterprise with its principaloffices locates in an enterprise zone (DZE) certified by DSLBD willreceive the addition of two points on a 100-point scale added to theoverall score for proposals submitted by the DZE in response to thisRFP.

M.1.2.6 Any prime contractor that is a disadvantaged business enterprise (DBE)certified by DSLBD will receive the addition of two points on a 100-point scale added to the overall score for proposals submitted by theDBE in response to this RFP.

M.1.3

M.1.4

Maximum Preference Awarded

Notwithstanding the availability of the preceding preferences, the

maximum total preference to which a certified business enterprise is

entitled under the Act for this procurement is the equivalent of twelve (12)

points on a 100-point scale for proposals submitted in response to this RFP.There will be no preference awarded for subcontracting by the prime

contractor with certified business enterprises.

Preferences for Certified Joint Ventures

When DSLBD certifies a joint venture, the certified joint venture will

receive preferences as a prime contractor for categories in which the joint


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venture and the certified joint venture partner are certified, subject to the

maximum preference limitation set forth in the preceding paragraph.

M.1.5 Vendor Submission for Preferences

M.1.5.1 Any vendor seeking to receive preferences on this solicitation must submitat the time of, and as part of its proposal, the following documentation, asapplicable to the preference being sought:

M.1.5.1.1 Evidence of the vendors or joint ventures certification byDSLBD as an SBE, LBE, DBE, DZE, LRB or ROB, to include acopy of all relevant letters of certification from DSLBD; or

M.1.5.1.2 Evidence of the vendors or joint ventures provisional certificationby DSLBD as an SBE, LBE, DBE, DZE, LRB or ROB, to includea copy of the provisional certification from DSLBD.

M.1.5.2 Any vendor seeking certification or provisional certification in order toreceive preferences under this solicitation should contact the:

Department of Small and Local Business DevelopmentATTN: CBE Certification Program441 Fourth Street, NW, Suite 970NWashington DC 20001

M.1.5.3 All vendors are encouraged to contact DSLBD at (202) 727-3900 ifadditional information is required on certification procedures and

requirements.

M.1.6 Subcontracting Plan

If the prime contractor intends to subcontract under this contract, it mustsubcontract at least 35% of the dollar volume of this contract in accordance withthe provisions of section M.1.1. The prime contractor responding to thissolicitation which intends to subcontract shall be required to submit with itsproposal, a notarized statement detailing its subcontracting plan. Proposalsresponding to this RFP shall be deemed nonresponsive and shall be rejected ifthe offeror intends to subcontract in accordance with the provisions of section

M.1.1, but fails to submit a subcontracting plan with its proposal. Once the planis approved by the contracting officer, changes to the plan will only occur withthe prior written approval of the contracting officer and the Director of DSLBD.Each subcontracting plan shall include the following:

M.1.6.1 A description of the goods and services to be provided by SBEs or, ifinsufficient qualified SBEs are available, by any certified businessenterprises;


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M.1.6.2 A statement of the dollar value of the proposal that pertains to thesubcontracts to be performed by the SBEs or, if insufficient qualifiedSBEs are available, by any certified business enterprises;

M.1.6.3 The names and addresses of all proposed subcontractors who are SBEs or,if insufficient SBEs are available, who are certified business enterprises;

M.1.6.4 The name of the individual employed by the prime contractor who willadminister the subcontracting plan, and a description of the duties of theindividual;

M.1.6.5 A description of the efforts the prime contractor will make to ensure thatSBEs, or, if insufficient SBEs are available, that certified businessenterprises will have an equitable opportunity to compete for subcontracts;

M.1.6.6 In all subcontracts that offer further subcontracting opportunities,assurances that the prime contractor will include a statement, approved bythe contracting officer, that the subcontractor will adopt a subcontractingplan similar to the subcontracting plan required by the contract;

M.1.6.7 Assurances that the prime contractor will cooperate in any studies orsurveys that may be required by the contracting officer, and submitperiodic reports, as requested by the contracting officer, to allow theDistrict to determine the extent of compliance by the prime contractorwith the subcontracting plan;

M.1.6.8 A list of the type of records the prime contractor will maintain todemonstrate procedures adopted to comply with the requirements set forthin the subcontracting plan, and assurances that the prime contractor willmake such records available for review upon the Districts request; and

M.1.6.9 A description of the prime contractors recent effort to locate SBEs or, ifinsufficient SBEs are available, certified business enterprises and to awardsubcontracts to them.

M.1.7 Compliance Reports

By the 21

st

of every month following the execution of the contract, the primecontractor shall submit to the contracting officer and the Director of DSLBD acompliance report detailing the contractors compliance, for the precedingmonth, with the subcontracting requirements of the contract. The monthlycompliance report shall include the following information:


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M.1.7.1 The dollar amount of the contract or procurement;

M.1.7.2 A brief description of the goods procured or the services contracted for;

M.1.7.3 The name and address of the business enterprise from which the goodswere procured or services contracted;

M.1.7.4 Whether the subcontractors to the contract are currently certified businessenterprises;

M.1.7.5 The dollar percentage of the contract or procurement awarded to SBEs, orif insufficient SBEs, to other certified business enterprises;

M.1.7.6 A description of the activities the contractor engaged in, in order toachieve the subcontracting requirements set forth in section M.1.1; and

M.1.7.7 A description of any changes to the activities the contractor intends tomake by the next month to achieve the requirements set forth in sectionM.1.1.

M.1.8

M.1.8.2 In addition, the willful breach by a contractor of a subcontracting planfor utilization of certified business enterprises in the performance of acontract, the failure to submit any required subcontracting planmonitoring or compliance report, or the deliberate submission of falsifieddata may be enforced by DSLBD through the imposition of penalties,including monetary fines of $15,000 or 5% of the total amount of thework that the contractor was to subcontract to certified businessenterprises, whichever is greater, for each such breach, failure, or

falsified submission.

Enforcement and Penalties for Breach of Subcontracting Plan

M.1.8.1 If during the performance of this contract, the contractor fails to complywith the subcontracting plan submitted in accordance with therequirements of this contract, and as approved by the contracting officerand the Director of DSLBD, and the contracting officer determines thecontractors failure to be a material breach of the contract, the contracting

officer shall have cause to terminate the contract under the default clauseof the Standard Contract Provisions.

DCPL 2010 R 0009 Main Solicitation

Documents

Transcript of DCPL 2010 R 0009 Main Solicitation