Concessionaire Contract - District of Columbia and US Audiotex LLC
[GRAPHIC]
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SOLICITATION, OFFER, AND AWARD PAGE OF
1 41
Award will be made on this [ILLEGIBLE] notice plus attachments
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1. CONTACT [ILLEGIBLE] 2. SOLICITATION 3. DATE ISSUED 4. PURCHASE REQ.EST
NO. NO. NO.
CFOPD-99-C005 CFOPD-98-R-017 25 Aug 98 None
|X| [ILLEGIBLE] |_| SEALED BIDDING [ILLEGIBLE]
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5. ISSUED BY
Off. of the Chief Financial Officer District of Columbia Govt, MSC
Procurement Ste. 410S, 441 4th St NW Wash DC 20001
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6. ADDRESS OFFER TO [ILLEGIBLE]
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SOLICITATION
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7. Sealed offer or [ILLEGIBLE] and 7 [ILLEGIBLE] described in the Schedule will
be located at the place specified in block [ILLEGIBLE] hand carried in the
[ILLEGIBLE] located in Suite 410S, 441 4th St NW, Washington DC 2001 until
5 pm EDT Wed., Sep 16th, 1998. If this is a sealed bid solicitation, offers
will be publically [ILLEGIBLE] at flat rate.
CAUTION--LATE OFFERS See section in Solicitation Instructions and Conditions.
All offers are subject to the following:
1. The attached Solicitation Instructions and Conditions
2. [ILLEGIBLE]
FOR INFORMATION CALL (Address and Telephone No.) [ILLEGIBLE]: Len Nadybal,
T.202-7270380 F.727-9599 or Email (see pg. 6)
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[ILLEGIBLE] TABLE OF CONTENTS
|X| SEC DESCRIPTION PAGE(S)
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PART I - THE SCHEDULE
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|X| A SOLICITATION CONTRACT FORM 1
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|X| B [ILLEGIBLE] OR SERVICE AND [ILLEGIBLE] 2
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|X| C DESCRIPTION [ILLEGIBLE] WORK STATEMENT 4
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|X| D [ILLEGIBLE] AND MARKING 8
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|X| F INSPECTION AND ACCEPTANCE 9
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|X| F DELIVERIES OR PERFORMANCE 9
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|X| G CONTRACT ADMINISTRATION DATA 11
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|X| H SPECIAL CONTRACT REQUIREMENTS 12
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|X| SEC DESCRIPTION ON [ILLEGIBLE] PAGE(S)
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PART II - CONTRACT CLAUSES
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|X| I CONTRACT CLAUSES 14
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PART II - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH
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|X| J LIST OF ATTACHMENTS 22
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PART IV - REPRESENTATIONS AND INSTRUCTIONS
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|X| K REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS 23
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|X| L INSTR., CONDS., AND NOTICE TO OFFERORS 30
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|X| M EVALUATION FACTORS FOR AWARD 34
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D. OFFER
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9. In compliance with the above, the undersigned affirms and agrees to
[ILLEGIBLE] any or all [ILLEGIBLE] upon which [ILLEGIBLE] are [ILLEGIBLE] set
forth in the [ILLEGIBLE] accepted within _____ calendar days from the date
specified for receipt of the offers 60 calendar days unless a [ILLEGIBLE]
period is rectified by the [ILLEGIBLE].
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10. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE
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The Offeror acknowledges receipt
of attachments to the -------------------------------------------
SOLICITATION for [ILLEGIBLE] and
related documents [ILLEGIBLE]
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11. DISCOUNT FOR PROMPT PAYMENT (See Section L)
___% 10 Calendar Days ___ %20 Calendar Days ___% 30 Calendar Days
____%____ Calendar Days
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12. OFFERORS' NAMES AND ADDRESSES [ILLEGIBLE]
Area code and Telephone No.
U S Audiotex, LLC
18 Crow Canyon Ct., Suite 300
San Ramon, CA 94583 1-800-487-4567
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13. [ILLEGIBLE]
Kenneth Stern
President/CEO
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[ILLEGIBLE] 14. SIGNATURE 15. OFFER DATE
[ILLEGIBLE] /s/ Kenneth Stern 9/12/98
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AWARD (To be Completed By The Contractoring Officer)
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16. [ILLEGIBLE] [ILLEGIBLE]
No charge to the
Line items 0001-0004 D.C. Governmen-
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17. ADMINISTERED [ILLEGIBLE]
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18. [ILLEGIBLE]
ADDRESS [ILLEGIBLE] IN BLOCK ______
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19. ADMINISTERED [ILLEGIBLE]
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20. ACCOUNTING DATA
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21. PAYMENT WILL BE MADE BY
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22. NAME AND SIGNATURE OF CONTRACTING OFFICER
/S/ Leonard [ILLEGIBLE]
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23. AWARD DATE
December 22, 1998
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PART I - SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
This is a concessionaire contract for the operation by a private
enterprise of an interactive operator assisted tax payment/transfer activity of
the Office of Tax & Revenue of the Office of the Chief Financial Officer of the
District of Columbia. The intent of the Contract is for a contractor to run a
utility through which District of Columbia taxpayers can, through the
concessionaire, pay tax using major credit and debit cards as an alternative to
customary tax remittance processes.
The Contractor shall debit the accounts of the taxpayers for the fees the
Contractor and the District of Columbia agree may be charged to the taxpayers
using the system in payment for the availability and convenience of the
activity. This is a contract for which there is no cost to the District of
Columbia. The concessionaire is renumerated for services performed through its
retention of the fees charged to users at levels agreed upon between the
contracting officer and the concessionaire.
Line Description Qty Price Amount
Item ea.
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0001 Call Center Setup
(Non-recurring cost for
establishment of physical plant at
Contractor's location, acquisition
and implementation of software/
firmware programs, utilities and
modules, acquisition of telecom-
munications infrastructure to
include voice prompts, population
of the facility with staff, and
other associated goods or services
necessary to bring the call center
on line and able to function and
perform the requirements in the
Statement of Work (Part I - Section
C). 1 job No Cost to the Government
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0002 Periodical Operational Costs
(Monthly or other recurring fees
for maintenance of the facility, to
include maintenance of disaster
recovery infrastructure, data
management and general operational
support, telecommunications Included in fees to
maintenance and customer service users -
support (to respond to District inquiries) See Part III - Section J
0003 Transactional Fees and Charges
Per payment processed, added to the
Taxpayer's remittance amount 1 ea See Part III-- Section J
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Total Contract Price $ No Cost to the Government
0004 Option to Extend Period of
Performance (See Para. F.5,
Part I - Section F, Deliveries or
Performance)
-------------------------------LAST ITEM-------------------------------
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PART I - SECTION C
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C.1. Background & Purpose
a. Through this contract, the District of Columbia Office of Tax and
Revenue (OTR) provides a credit and debit card payment service to the public.
The service will be used by taxpayers to make remittances to the District using
credit and debit cards.
b. The service the Contractor will provide is to be offered to the public
as a convenient and efficient interface with government, as an alternate to
customary methods of paying taxes and as a method which will enhance taxpayer
cash flow through the delayed billing embodied in credit card usage methodology.
c. This is a contract for the establishment, implementation and operation
of an interactive voice prompted, voice and/or touch tone response driven tax
payment activity.
C.2 Functional Description
The system of accepting calls and processing payment transactions shall
function thusly:
a. a. The Contractor shall install telephone line(s) with 800- or 888-
area code prefixes and provide the associated telephone number to the District
of Columbia (via the Contracting Officer or his or her duly appointed Contract
Administrator or Contracting Officer Technical Representative (COTR)).
b. The District will make the telephone number and details of the payment
opportunity available through the payment facility, known to appropriate
taxpayers. Taxpayers would then dial the 1800 or 1888 telephone number in order
to access the Contractor's facility and avail themselves of the opportunities to
remit tax payments to the Government by using a credit and/or debit card through
the interactive voice response system provided by the Contractor on behalf of
the Government. This contract does not confer upon the Contractor the status of
agent or instrumentality of the Government; the Contractor shall not represent
itself to anyone, explicitly or through implication, as an entity having such
status or a standing that is tantamount to such status.
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c. Provide voice messages and prompts mutually designed to prompt callers
to provide information necessary to identify the payer and post the payment. The
information will be obtained through the taxpayer use of his or her telephone
keypad in response to the voice prompts that are delivered when the caller dials
the 1-800 or 1-888 telephone number. The texts of the messages and prompts shall
be put "on-line" only after approval of the wording by the project office of the
D. C. Government. The messages shall prompt the taxpayer so that the Contractor:
- obtains information on the caller's desired transaction (to
include the information required in the Exhibits at PART III -
SECTION J, below)
- can obtain authorization to verify that the payer's card is valid
and credit in the amount to be paid is available,
- can collect the paid amount from the Contractor's supporting
Merchant Bank or financial institution, withdraw from the gross
receipts the amount of the fee charged and send the remaining amount
due to the Government through electronic means to the end
destination account of the District of Columbia.
d. The Contractor shall transmit remittances less thecontractor's agreed
fee to the bank account designated by the Government. The account number(s), ABA
routing numbers, etc., will be made available to the Concessionaire upon
contract award, and whenever the account information changes. Such remittances
shall be transferred electronically once per day along with information
sufficient for the Government to identify the taxpayer to whose tax return the
payment is to be credited. The extent and format of the information required to
accomplish this task is delineated in the Exhibits at PART III - SECTION J.
C.3. Physical Infrastructure & Operational Requirements
a. The Contractor will, at its expense, furnish and maintain all equipment
related software and communication lines needed to perform the required service.
The system will be installed and functioning no later than two (2) months from
the date of the award of the Contract by the Contracting Officer.
b. The Contractor shall install and operate the system at a location it
owns or leases for the purposes of this contract - government facilities will
not be made available.
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c. Maintenance of the system for the life of the contract will be provided
at no cost to the Government. The vendor will provide twenty four (24) hour
seven (7) day a week maintenance to insure minimal "down" time and maximum
availability of the service to the public.
d. The voice prompts will be developed jointly by the service provider and
the Contracting Officer's Technical Representative (COTR) from the Office of Tax
and Revenue. Interactive voice response messages will not be placed into service
without advance approval of the COTR. The name and contact information for the
COTR will be made available to the Contractor by the Contracting Officer upon
contract award. The interactive voice response messages must clearly state that
the service provider charges a fee for the convenience of using the service, and
must state to the taxpayer what the amount of the fee is. It must be clear to
the taxpayer that the fee is not paid to the District of Columbia Government.
e. All taxpayer payment information and information related to the
Contractor's find transfers to the District that it provides to OTR must have an
accuracy rate of at least ninety eight percent (98%).
f. The identifying data and payment amount will be electronically
transmitted to the District within twenty-four (24) hours of receipt from the
bank or financial institution with which the Contractor has its Merchant's
Account Agreement.
g. The format for the transmitted information will be designated to the
Contractor by the Government upon contract award. The format and contents shall
be based upon the contents of District of Columbia Pamphlet DC-1345, Electronic
Filing Manual, which is incorporated herein by reference, and a copy of which is
available at any time by sending an Email message quoting "Please send DC-1345"
as the subject line of the message to:
rfp_at_~cfo-ojs.ccmail.dcgov.org
The document will be provided by automated return Email to the Email address
from which the request originates. (The minimum information required from the
Contractor with each funds transfer is, for business taxpayers, the name,
business taxpayer identification number, tax account number and sub number, tax
type(s), tax period(s) to which thc payment applies, description (if payment is
a fee, or other types of non-tax payment), and the payment amount. For
individual taxpayers, Contractor shall provide the same information that applies
to business taxpayers, except the primary social security number shall
substitute for the business taxpayer identification numbers).
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h. Reports:
(1) The Contractor shall, on a weekly basis and on the last work day
of the D.C. Government's fiscal year (generally 30 September of each year),
provide, at no additional cost to the Government, transaction summary reports
that permit the Office of Tax and Revenue and/or the D.C. Treasurer to verify
all charges made to taxpayers, fees collected by the Contractor and
transmissions/deposits to the Government. The reports must enable the District
to reconcile payment with deposits. The Contractor shall make arrangements with
the Contract Administrator appointed by the Contracting Officer to provide for a
means acceptable to the government which shall be used to transmit the reports
to the government. Payments must balance with deposits.
(2) Cumulative reports of records of telephone calls and related
activity must be kept on a real time basis and available on demand by the
Contracting Officer as a printed document, via voice response and by FAX. The
reports must provide data which can be analyzed to determine call activities
including line activity by hour of the day and day of the week, volumes of
calls, hang ups, etc.
j. Credit Card Merchant Fees.
(1) The Contractor shall pay the credit card discount rate and all
associated processing fees associated with its Merchant's Account Agreement with
the Financial Institution through which it processes credit card payment
transactions. The amount remitted to the District of Columbia shall never be an
amount any less than that amount of tax which the taxpayer directed to be paid
to the District when the taxpayer placed the call to the Contractor to make the
payment.
(2) Chargebacks. The Concessionaire shall indemnify the District of
Columbia against chargebacks (i.e., return to the Concessionaire of unpaid card
charge paperwork). The Contractor shall, through collection processes of its
own, insurance against chargebacks, factoring through third parties or other
methodology permitted under law, deal directly with the taxpayer(s) whose
payments were not honored by the Concessionaire's merchant bank. No refund of
received amounts will be requested of the Government by the Concessionaire and
no such requests will be honored.
k. No charges other than that authorized by this Contract may be charged
to the taxpayer or to the District of Columbia Government by the Contractor
without advance written authorization from the Contracting Officer.
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(1) Amounts charged for any of the fees that are authorized under
this contract or which may be authorized in any subsequent modification shall
not exceed the amounts the Contracting Officer has agreed may be charged. The
structure of fees and charges (Line Item 0003 in the Schedule at PART I -
SECTION B) are contained in the Exhibits at PART III - SECTION J, List of
Attachments. The attachment containing the fees and charges may be modified by
mutual agreement and may be incorporated into this contract from time to time.
Modifications (changes in the fee structure and the amounts applicable to each)
may not be placed into effect by the Contractor without the advance written
approval of the Contracting Officer.
(2) Chargebacks. Collection fees and charges the concessionaire may
levy against a taxpayer whose payment is not honored by his or her card issuer
are considered to be matters between the cardholder and the Contractor, and not
fees and charges that are subject to the terms and conditions of this contract.
PART I - SECTION D
PACKAGING AND MARKING
Not Applicable.
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PART I - SECTION E
INSPECTION AND ACCEPTANCE
E.1 Inspection. Inspection of the quality, completeness and acceptability of
delivered work shall be by the Contracting Offices appointed Contract
Administrator prior to final acceptance by the government.
E.2 Acceptance. Acceptance of the Contractor's Services shall be at destination.
PART I - SECTION F
DELIVERIES OR PERFORMANCE
F.1 Deliveries.
a. Schedule of Deliverables related to Installation and Commencement of
Operations (Line Item 0001):
See Para. C.3.a., at PART I - SECTION C, Physical Infrastructure and
Operational Requirements.
b. Schedule of Deliverables for Originations and Transmission of
Accumulated transactions(Line Item 0003):
(1) PIN number maintenance .................. continual basis
(2) Call Center Operation ................... continual basis
(3) Transaction Reports
(Para C.3.h(1) at Part I - Section C).... weekly on a day to be
agreed between the
Contractor and the COTR
(4) Call Activity Reports ................... continual accumulation,
deliverable on demand
(5) Fund Remittances ........................ daily
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F.2 Period of Performance. The period of performance under this contract is for
one year from the date of award noted in block 23, adjacent to the Contracting
Officer's signature on Page 1.
F.3 Options for Increased Quantity
Not Applicable. As the government markets the availability of the
concessionaire's service to the public, call volumes will increase. No
modification of the contract is necessary to accommodate these kinds of
"quantity increases". The concessionaire shall monitor demand for access and
accommodate the demand to maintain conformance to the performance requirements
of the contract.
F.5 Option to Extend the Term of the Contract.
a. The Contracting Officer may extend the term of this contract by written
notice to the Contractor within the time specified in the Schedule, provided,
that the Government shall give the Contractor written notice of its intention to
extend at least 30 days before the contract expires. The preliminary notice does
not commit the Government to an extension
b. If the Government exercises this option, the extended contract shall be
considered to include this option provision.
c. The total duration of this Contract, including the exercise of any
options under this clause, shall not exceed five (5) years.
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PART I - SECTION G
CONTRACT ADMINISTRATION DATA
G.1 Payment/Invoices
The District of Columbia will accept no invoices in conjunction with this
contract.
G.2 Contracting Officer
The Contracting Officer is located at:
Mission Support Center Procurement Office
Office of the Chief Financial Officer
Suite 410S
441 4th Street, NW
Washington DC 20001 Tel. (202) 727-0380
The Contracting Officer is the only official authorized to contractually
bind the District.
G.3 Contract Administrator
If the Contracting Officer appoints a Contract Administrator to
administer this contract, the Administrator will be appointed in
writing and will, minimally, have the responsibility of ensuring
that the work conforms to the requirements of the contract. Any
additional responsibilities and authorities shall be only those that
the Contracting Officer specifies in the letter of appointment. The
Contract Administrator shall not have authority to make changes in
the scope or terms and conditions of the contract or to order extra
goods or services beyond the quantities or time periods provided in
the Schedule.
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PART I - SECTION H
SPECIAL CONTRACT REQUIREMENTS
H.1 Insurance (27 DCMR)
The Contractor, at its expense, shall obtain the minimum insurance
coverage set forth below prior to award of the contract and shall keep such
insurance in force throughout the contract period:
(1) Public Liability and Property Damage Insurance The Contractor shall
carry insurance against liability for personal and bodily injury and property
damage in an amount of at least $100,000 for each individual and $500,000 in the
aggregate (liability) and $200,000 (property).
(2) Workers' Compensation: The Contractor shall carry workers'
compensation insurance covering all of its employees employed upon the premises
and in connection with its other operations pertaining to this agreement, and
the Contractor agrees to comply at all times with the provisions of the workers'
compensation laws of the District.
(3) Employer's Liability: The Contractor shall carry employer's liability
of at least $100,000.
(4) Comprehensive Automobile Liability Insurance (applicable to owned,
non-owned and hired vehicles): The Contractor shall carry comprehensive
automobile insurance applicable to owned, non-owned and hired vehicles against
liability for bodily injury and property damage in an amount not less than that
required by the laws of the District of Columbia.
All insurance provided by the Contractor as required by this section, except
comprehensive automobile liability insurance applicable to owned, non-owned and
hired vehicles, shall set forth the District as an additional insured. All
insurance shall be written with responsible companies licensed by the District.
A copy of the policy or minimally, a rider adding the District as Insured to a
previously existing policy which meets the minimum requirements above, will be
sent by the Contractor to the Contracting Officer within 10 days of contract
award. The policies of insurance shall provide for at least 30 days' written
notice to the District prior to their termination or material alteration.
H.2 Other Contractors
The Contractor shall not commit or permit any act which will interfere
with the performance of work done by any other District Contractor or by any
District employee. If
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another Contractor is awarded a future contract for performance of the required
services, the original Contractor shall cooperate fully with the District and
the new Contractor in any transition activities which the Contracting Officer
deems necessary during the term of the contract.
H.3 Key Personnel
If key personnel are named in the contract who shall have specific
responsibilities in performing under this contract, the Contractor, prior to
diverting any of the specified key personnel for any reason, notify the
Contracting Officer at least thirty (30) calendar days in advance and shall
submit justification (including proposed substitutions) in sufficient detail to
permit evaluation of the impact on the contact. The offeror shall not reassign
these key personnel or appoint replacements without prior written approval from
the Contracting Officer.
H.4 First Source Employment Agreement
The Contractor shall maintain compliance with the terms and conditions of
the First Source Employment Agreement executed between the District of Columbia
and the Contractor throughout the entire duration of the contract, including any
option periods.
H.5 Changes.
a. Only the Contracting Officer is authorized to make changes to the terms
and conditions of this Contract.
b. Changes to voice messages will be made only upon request of the
Government and at no cost. No restrictions will be placed on the Government to
limit the numbers of changes or the frequency of changes that can be made.
Changes shall be made promptly after receipt of the Contracting Officer's
Technical Advisor's request by the Contractor in no case later than 48 hours
after such receipt.
c. Also see the provisions of Para C.3.(k), above.
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PART II - SECTION I
CONTRACT CLAUSES
1. Order of Precedence and Contract
Any inconsistency in this solicitation shall be resolved by giving precedence in
the following order (if provided):
A. The Schedule
B. The Statement of Work
C. Special Contract Requirements
D. Contract Clauses
2. Laws and Regulations Incorporated by Reference
The provisions of the following Acts, and representations and stipulations
required by any of the said Acts together with the provisions of applicable
regulations made pursuant to said Acts, are hereby incorporated by reference
and, to the extent applicable, incorporated by reference in this contract;
together with the Laws of the District of Columbia, and the Materiel Management
Manual, effective July 1, 1974, as amended.
A. Contract Work Standards Act of August 13, 1962, also known as the Contract
Work Hours and Safety Standards Act of 1962, Stat. 357-360.
B. Buy American Act, Act of March 3, 1933, c.212, Title III, 4Stat. 1520, as
amended.
C. Walsh-Healy Public Contracts Act, Act of June 30, 1936, c.881, 4Stat.
2036. as amended. (Applies only when contract is $10,000 or more).
D. Commissioner's Order 73-51 dated February 28, 1973 as amended, "Compliance
with Equal Opportunity Obligations in Contracts".
E. Public Law 93-112 Rehabilitation Act of 1973 Section 504 as amended.
F. Mayor's Order 83-265 dated November 9, 1933 Subject: Employment Agreement
Goal and Objectives for all District of Columbia Projects.
G. D.C. Law 5-93, Dated May 9, 1984, the First Source Employment Agreement
Act of 1984.m
H. Procurement Practices Act of 1985, D.C. Law 6-110.
3. Waiver
The waiver of any breach of the contract will not constitute a waiver of any
subsequent breach thereof, nor a waiver of the contract.
4. Indemnification.
The Contractor shall indemnify and save harmless District and all its officers,
agents, and servants against any and all claims or liability arising from or
based on, or as a consequence of or result of, any act, omission or default of
the Contractor, its employees, or its subcontractors, in the performance of this
contract or any confidentiality agreement required under this contract. Moneys
due or to become due to the Contractor under the contract may be retained by the
District as necessary to satisfy any outstanding claim which the District may
have against the Contractor.
5. Transfer
No contract or any interest therein shall be transferred by the parties to whom
the award is made; such transfer will be null and void and will be cause to
annul the contract.
6. Taxes
The Government of the District of Columbia is exempt from and will not pay,
Federal Excise Taxes and D.C. or state Sales and Use Taxes. OFFERORS MUST
EXCLUDE SUCH TAXES, AS WELL AS STATE AND CITY TAXES FROM THEIR PROPOSALS. Tax
exemption certificates are no longer issued by the District for Federal Excise
Tax. The following statements, as appropriate, may be used by Contractors when
claiming tax deductions for Federal Excise Tax exempt items sold to the
District:
"The District of Columbia government is exempt from Federal Excise Tax.
Tax Exemption Registration 30070511 from the Internal Revenue Service,
Baltimore MD."
OR
"Exempt from Maryland Sales Tax, Registered with the Comptroller of the
Treasury (for deliveries to District Departments or Agencies) - Exemption
Nr. 09339"
7. Officials Not To Benefit
No member of or delegate to Congress, or Officer or employee of the District
shall be admitted to any share or part of this contract or to any benefit that
may arise therefrom, and any contract made by the Contracting Officer of any
District employee authorized to execute contracts in which they or the employee
of the District shall be personally interested shall be void, and no payment
shall be made thereon by the District or any officer thereof, but this provision
shall not be construed to extend to this contract if made with a corporation for
its general benefit. However, should a Federal or District employee submit a bid
for his personal benefit, the Contracting Officer reserves the right to waive
the aforementioned restriction, providing
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that said employee furnishes a Notarized Affidavit prior to the time set for
opening of bids, setting forth intentions to resign his Federal or District
employment in the event said employee shall be considered for an award of
contract. Failure to submit such Affidavit shall automatically render his bid
non-responsive and no further consideration shall be given thereto (See
Representations, Certifications and Acknowledgments, Section K).
8. Disputes
A. If a dispute arises under or relates to the contract a claim by the
Contractor shall be made writing and submitted to the Contracting Officer for a
written decision. A claim by the District against the Contractor shall be
subject to a written decision by the Contracting Officer.
B. "Claim," as used in this clause, means a written demand or written assertion
by one of the contracting parties seeking, as a matter of right, the payment of
money in a sum certain, the adjustment or interpretation of contract terms, or
other relief arising under or related to the contract. A claim arising under a
contract, unlike a claim relating to that contracts a claim that can be resolved
under a contract clause that provides for the relief sought by the claimant.
C. The decision of the Contracting Officer shall be final and conclusive and not
subject to review by any forum, tribunal or Government agency.
9. Changes
The Contracting Officer may, as any time, by written order, and without notice
to the surety, if any, make changes in the contract within the general scope
hereof. If such changes cause an increase or decrease in the cost of performance
of this contact, or in the time required for performance, an equitable
adjustment shall be made. Any claim for adjustment under this paragraph must be
asserted within ten (10) days from the date the change is offered, provided,
however, that the Contracting Officer, if he determines that the facts justify
such action, may receive, consider and adjust any such claim asserted at any
time prior to the date of final settlement of the contract. If the parties fail
to agree upon the adjustment to be made, the failure to agree shall be
considered a dispute. Nothing in this clause shall excuse the Contractor from
proceeding with the contract as changed.
10. Termination for Default
A. The District may, subject to the provisions of paragraph C., below, by
written notice of default to the Contractor, terminate the whole or any part of
this contract in any one of the following circumstances: i] If the Contractor
fails to make delivery of the supplies or to perform the services within the
time specified within the project work plan or any extension thereof, or (ii) If
the Contractor fails to perform any of the other provisions of this contract, or
so fails to make progress as to endanger performance of this contract in
accordance with its terms and in either of these two circumstances does not cure
such failure within a period of ten (10) days (or such longer period as the
Contractor may authorize in writing) after receipt of notice from the
Contracting Officer specifying such failure.
B. In the event the District terminates this contract in whole or part as
provided in paragraph A. above, the District may procure, upon such terms and in
such manner as the Contracting Officer may deem appropriate, supplies or service
similar to those so terminated; and the Contractor shall be liable to the
District for any excess costs for similar supplies or services. Provided, that
the Contractor shall continue the performance of this contact to the extend not
terminated under provisions of this clause. The Contractor shall work with any
subsequent contractor to ensure a smooth transfer of information for a period of
sixty (60) days.
C. Except with respect to defaults of subcontractors, the Contractor shall not
be liable for any excess costs if the failure to perform the contract arises out
of causes beyond the control and without the fault or negligence of the
contractor Such causes may include, but are not restricted to, acts of God or of
public enemy, acts of the District or Federal Government in either their
sovereign or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and unusually severe weather; but in
every case the failure to perform must be beyond the control and without the
fault or negligence of the Contractor. If the failure to perform is caused by
the default of the subcontractor, and if such default arises out of causes
beyond the control of both the Contractor and the subcontractor, and without the
fault or negligence of either of them, the Contractor shall not be liable for
any excess cost for failure to perform, unless the supplies or services to be
furnished by the contractor were obtainable from other sources in sufficient
time to permit the Contractor to meet the required delivery schedule.
D. If this contract is terminated as provided in paragraph A. Above, District in
addition to any other rights provided in this clause, may require the Contractor
to transfer title and deliver to the District, in the manner and to the extent
directed by the Contracting Office, completed supplies, (ii) such partially
completed supplies and materials, information, and contract rights (herein after
called "manufacturing materials") as the Contractor has specifically produced or
specifically produced or specifically acquired for the performance been
terminated; and the Contractor, shall, upon direction of the Contracting
Officer, protect and preserve property in possession of the Contractor in which
the District has an interest. Payment for completed supplies delivered to and
accepted by the District shall be at the contract price. Payment for
manufacturing materials delivered to and agreed upon by the Contractor and
Contacting Officer; failure to agree to such amount shall be a dispute
concerning a question of fact. The District may withhold from amounts otherwise
due the Contractor for such completed supplies or manufacturing materials such
sums as the Contracting Office determines to be necessary to protect the
District against loss because of outstanding liens or claims of former lien
holders.
E. If after notice of termination of this contract under the provisions of this
clause, it is determined for any reason that the Contractor was not in default
under the provision of this clause, or that the default was excusable under the
provisions of this clause, the rights and obligations of the parties shall, if
the contract contains a clause providing for a termination for convenience be
the same as if the notice of termination had been issued pursuant to such
clause. See Paragraph 14, below "Termination for Convenience of the District."
F. The rights and remedies of District provided in this clause shall not be
exclusive and are in addition to any rights and remedies provided by law or
under this contract. G. As used in paragraph C Above, the terms "subcontractor"
and "subcontractors" means subcontractor(s) at any tier.
11. Termination for Convenience
A. CFO may, at any time, terminate performance of work under this contract in
whole or in part if the Contracting Officer determines that a termination is in
the District's interest. The Contracting Officer shall terminate by delivering
to the Contractor a "Notice of Termination" specifying the extent of termination
and effective date.
B. After receipt of a "Notice of Termination", and except as directed by the
Contracting Officer, the Contractor shall immediately proceed with the following
obligations regardless of any delay in determining or adjusting any amounts due
under this clause (i) stop work as specified in the notice (ii) Place no further
subcontracts or orders (referred to as subcontracts in this clause) for
materials, services, or facilities, except as necessary to complete the
continued portion of the contract. (iii) Terminate all contracts to the extent
they relate to the work terminated, (iv) Assign to the District, as directed by
the Contracting Officer, all rights, title and interest of the Contractor under
the subcontracts terminated, in which case the District shall have the right to
settle or pay any termination settlement proposal arising out of those
terminations, (v) With approval or ratification to the extent
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required by the Contracting Officer, settle all outstanding liabilities and
termination settlement proposals arising from the termination of subcontracts:
the approval or ratification will be final for purposes of this clause, (vi) As
directed by the Contracting Officer, transfer title and deliver to the District
(a) the fabricated and unfabricated parts, work in process, completed
work, supplies, and other material produced or acquired for the work
terminated; and
(b) the completed or partially completed plans, drawings, information, and
other property that, if the contract has been completed, would be required
to be furnished to the District
(vii) Complete performance of the work not terminated. (viii) Take any action
that may be necessary, or that the Contracting Officer may direct, for the
protection and preservation of the property related to this contract that is in
the possession of the Contractor and in which the District has or may have
acquired an interest, (ix) Use its best efforts to sell, as direct or authorized
by the Contracting Officer, any property of the types referred to in the
subparagraph (vi) above, provided, however, that the Contractor
(a) is not required to extend credit to any purchase, and
(b) may acquire the property under the conditions prescribed by, and at
prices approved by, the Contracting Officer. The proceeds of any transfer
or disposition will be applied to reduce any payments to be made by the
District under this contract, credited to the price or cost of the work,
or paid in any other manner directed by the Contracting Officer.
C. After the expiration of ninety (90) days (or such longer period as may be
agreed to) after receipt by the Contracting Officer of acceptable inventory
schedules, the Contractor may submit to the Contracting Officer a list,
certified at to quantity, and quality of termination inventory not previously
disposed of excluding items authorized for disposition by the Contracting
Officer. The Contractor may request the District to remove those items or enter
into an agreement for their storage. Within fifteen (15) days, the District will
accept title to those items and remove them or enter into a storage agreement.
The Contracting Officer may verify the list upon removal of the items, or if
stored, within forty-five (45) days from submission of the list, and shall
correct the list, as necessary, before final settlement.
D. After termination, the Contractor shall submit a final settlement proposal to
the Contracting Officer in the form and with the certification prescribed by the
Contracting Officer. The Contractor shall submit the proposal promptly, but not
later than six (6) months from effective date of termination, unless extended in
writing by the contracting Officer upon written request of the Contractor within
this 6 month period. However, if the Contracting Officer determines that the
facts justify it, a termination settlement proposal may be received and acted on
after six (6) months or any extension. If the Contractor fails to submit the
proposal within the time allowed, the Contracting Officer may determine, on the
basis of information available, the amount, if any, due the Contractor because
of the termination and shall pay the amount determined.
E. Subject to paragraph D. above, the Contractor and the Contracting Officer
may agree upon the whole or any part of the amount to be paid because of the
termination. The amount may include a reasonable allowance for profit on work
done. However, the agreed amount whether under this paragraph E., or paragraph
F., below, exclusive of costs shown in subparagraph F. (iii) below, may not
exceed the total contract price as reduced by (a) the amount of payments
previously made and (b) the contract price of work not terminated. The contract
shall be amended, and the Contractor paid the agreed amount. Paragraph F., below
shall not limit, restrict, or affect the amount that may be agreed upon to be
paid under this paragraph.
F. If the Contractor and the Contracting Officer fail to agree on the whole
amount to be paid because of the termination of work, the Contracting Officer
shall pay the Contractor the amounts determined by the Contracting Officer as
follows, but without duplication of any amounts agreed on under paragraph E.,
above: The contract price for completed supplies or services accepted by the
District (or sold or acquired under subparagraph B. (ix), above), not previously
paid for, adjusted for any saving of freight and other charges. The total of--
(a) The costs incurred in the performance of the work terminated,
including initial costs and preparatory expense allocable thereto, but
excluding any costs attributable to supplies or services paid or to be
paid under subparagraph F., (above;
(b) cost of settling and paying termination settlement proposals under
terminated subcontracts that are properly chargeable to the terminated
portion of the contract if not included in subparagraph F. above; and
(c) A sum, as profit on subparagraph F. above, determined by the
Contracting Officer to be fair and reasonable; however, if it appears that
the Contractor would have sustained a loss on the entire contract had it
been completed, the Contracting Officer shall allow no profit under this
subparagraph (c) and shall reduce the settlement to reflect the indicated
rate of loss.
(iii) The reasonable cost of settlement of the work terminated, including
(a) Accounting, legal, clerical, and other expenses reasonably necessary for the
preparation of termination settlement proposals and supporting data;
(b) the termination and settlement of subcontracts (excluding the amounts of
such settlement); and
(c) Storage, transportation, and other costs incurred, reasonably necessary for
the preservation, protection, or disposition of the termination inventory.
G. Except for normal spoilage, and except to the extent that the District
expressly assumed the risk of loss, the Contracting Officer shall exclude from
the amounts payable to the Contractor under paragraph F. above, the fair value,
as determined by the Contracting officer, of property that is destroyed, lost,
stolen, or damaged so as to become undeliverable to the District or to a buyer.
H. The Contractor shall have the right of appeal, under the Disputes clause,
from any determination made by the Contracting Officer under paragraph D., F. or
J., of this clause except that if the Contractor failed to submit the
termination settlement proposal within the time provided in paragraph D. or J.,
and failed to request a time extension, there is no right of appeal. If the
Contracting Officer has made a determination of the amount due under paragraph
D., F. or J., the District shall pay the Contractor
(a) the amount determined by the Contracting Officer if there is no right
of appeal of if no timely appeal has been taken, or
(b) the amount finally determined on an appeal. In arriving at the amount
due the Contractor under this clause, there shall be deducted (i). All
unliquidated advance or other payments to the Contractor under the terminated
portion of this contract (ii). Any claim which the District has against the
Contractor under this contract; and (iii). The agreed price for the proceeds of
sale of, materials, supplies, or other things acquired by the Contractor or sold
under the provisions of this clause and not recovered by or credited to the
District.
I. If the termination is partial, the Contractor may file a proposal with the
Contracting Officer for an equitable adjustment of the price(s) of the continued
portion of the contract. The Contracting Officer shall make any equitable
adjustment agreed upon. Any proposal by the Contractor for an equitable
adjustment under this clause shall be requested within 90 days from the
effective date of termination unless extended in writing by the Contracting
Officer.
J. The District may, under the terms and conditions it prescribes, make any
partial payments and payments against costs incurred by the Contractor for the
terminated portion of the contract, If the Contracting Officer believes the
total of these payments will not exceed the amount to which the Contractor will
be entitled. If the total payments exceed the amount finally determined to be
due, the Contractor shall repay the excess to the District upon demand, together
with interest computed at the rate of ten percent (10%) per year. Interest shall
be computed for the period from the date the excess payment is received by the
contractor to the date the excess is repaid. Interest shall not be charged on
any excess payment due to a
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reduction in the Contractor's termination settlement proposal because of
retention or other disposition of termination inventory until 10 days after the
date of the retention or disposition, or a later date determined by the
Contracting Officer because of the circumstances.
K. Unless otherwise provided in this contract or by statute, the Contractor
shall maintain all records and documents relating to the terminated portion of
this contract for three (3) years after final settlement. This includes all
books and other evidence bearing on the Contractor's costs and expenses under
this contract. The Contractor shall make these records and documents available
to the District, at the Contractors office, at all reasonable times, without any
direct charge. If approved by the Contracting Officer, photographs, micrographs,
or other authentic reproductions may be maintained instead of original records
and documents.
12. Recovery of Debts Owed the District.
The Contractor hereby agrees that the District of Columbia may use all or any
portion of any consideration or refund due the Contractor under the present
contract to satisfy in whole or part, any debt due the District.
13. Examination of the Books
The Contracting Officer, the DC Inspector General, OFCO, The District of
Columbia Auditor, and the D C. Financial Responsibility and Management
Assistance Authority or any of their duly authorized representatives shall until
three years after final payment, have the right to examine any directly
pertinent books, documents, papers, and records of the Contractor involving
transactions related to the contract.
14. Nondiscrimination Clause
A. The Contractor shall not discriminate in any manner against any employee or
applicant for employment that would constitute a violation of the District of
Columbia Human Rights Act, approved December 13, 1977 (D.C. Law 2-38: D.C. Code
1-2512) (1981 Ed.). The Contractor shall include a similar clause in all
subcontracts, except subcontracts for standard commercial supplies or raw
materials. In addition, the Contractor agrees and any subcontractor shall agree
to post in conspicuous places, available to employees and applicants for
employment, notice setting forth the provisions of the nondiscrimination clause
provided in section 251 of the District of Columbia Human Rights Act (D.C. Code
1-2522)
B. Pursuant to rules of the Office of Human Rights, published on August 15, 1986
in the D.C. Register, the following clauses apply to this contract:
(i) The contractor shall not discriminate against any employee or
applicant for employment because of race, color, religion, national
origin, sex, age, marital status, personal appearance, sexual orientation,
family responsibilities, matriculation, political affiliation, or physical
handicap,
(ii) The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, national origin, sex, age,
marital status, personal appearance, sexual orientation, family
responsibilities, matriculation, political affiliation, or physical
handicap. The affirmative action shall include, but not be limited to the
following: (a) Employment, upgrading, or transfer; (b) Recruitment or
recruitment advertising; (c) Demotion, layoff, or termination; (d) Rates
of pay, or other forms of compensation; and (e) Selection for training and
apprenticeship.
(iii) The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the
Contracting Agency, setting forth the provisions in subsections B.(i) and
B.(ii), above, concerning nondiscrimination and affirmative action.
(iv) The Contractor shall, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment pursuant to
the nondiscrimination requirement set forth in subsection B.
(v) The Contractor agrees to send to each labor union or representative
of workers with which it has a collective bargaining agreement, or other
contract or understanding, a notice to be provided by the Contracting
Agency, advising each labor union or workers' representative of the
Contractor's commitments under this chapter, and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
(vi) The Contractor agrees to permit access to all books, records, and
accounts, pertaining to its employment practices, by the Contracting
Officer and the Contracting Agency for purposes of investigation to
ascertain compliance with this chapter, and to require under terms of any
subcontractor agreement each subcontractor to permit access of such
subcontractor's books, records, and accounts for such purposes.
(vii) The Contractor agrees to comply with the provisions of this chapter
and with all guidelines for equal employment opportunity applicable in the
District of Columbia adopted by the District, or any authorized official.
(viii) The prime contractor shall include in every subcontract the equal
opportunity clauses, subsection B(i) through B(ii) of this section, so
that such provisions shall be binding upon each subcontractor or vendor.
(ix) The prime contractor shall take such action with respect to any
subcontract as the Contracting Officer may direct as a means of enforcing
these provisions, including sanctions for non-compliance; provided,
however, that in the event the prime contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of
such direction by the Contracting Agency, the prime contractor may request
the District to enter into such litigation to protect the interest of the
District
15. Service Contract Act of 1965
A. Definitions:
"Act", as used in this clause, means the Service Contract Act of 1965, as
amended (41 U.S.C. 351-358).
"Contractor" as used in this clause, means the prime Contractor or any
subcontractor at any tier.
"Service employee" as used in this clause, means any person (other than a
person employed in a bona fide executive, administrative or professional
capacity as defined in 29 CFR 541) engaged in performing a Government contract
nor exempted under 41 U.S.C. 356, the principal purpose of which is to furnish
services in the United States as defined in section 22.1001 of the Federal
Acquisition Regulation. It includes all such persons regardless of the actual or
alleged contractual relationship between them and a contractor.
B. Applicability To the extent that the Act applies, this contract is subject to
the following provisions and to all other applicable provisions of the Act and
regulations of the Secretary of Labor (29CFR 4) All interpretations of the Act
in Subpart C of 29 CFR 4 are incorporated in this contract by reference. This
clause does not apply to contracts or subcontracts administratively exempted by
the Secretary of Labor or exempted by 41 U.S.C. 356, as interpreted in Subpart
C. 29 CFR 4.
C. Compensation (i) The Contractor shall pay not less than the minimum wage and
shall furnish fringe benefits to each service employee.
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under this contract in accordance with wages and benefits determined by the
Secretary of Labor or the Secretary's authorized representative, as specified in
any attachments to this contract. (ii) If there is an attachment, the Contractor
shall classify any class of service employees not listed in it, but to be
employed under this contract. The classification shall provide a reasonable
relationship to those listed in the attachment. The Contractor shall pay that
class wages and fringe benefits determined by agreement of the interested
parties. The contracting agency, the Contractor, and the employees who will
perform the contract or their representatives. If the interested parties do not
agree, the Contracting Officer shall submit the question, with a recommendation
for final determination by the Office of Government Contract Wage Standards,
Wage and Hour Division Employment Standards Administration (ESA). Department of
Labor. Failure to pay such employees the compensation agreed upon by the
interested parties or finally determined by ESA is a contract violation. (iii)
If the term of this contract is more than one (1) year, the minimum wages and
fringe benefits required for service employees under this contract shall be
subject to adjustment after 1 year and not less often than once every two (2)
years under wage determinations issued by ESA.
D. Minimum Wage. In the absence of a minimum wage attachment for this contract,
the Contractor shall not pay any service or other employees performing this
contract less than the minimum wage specified by section 6(a)(1) of the Fair
Labor Standards Act of 1938, as amended (29 U.S.C. 206). Nothing in this clause
shall relieve the Contractor of any other legal or contractual obligations to
pay a higher wage to any employee.
E. Successor Contracts. If this contract succeeds a contract subject to the Act
under which substantially the same services were furnished and service employees
were paid wages and fringe benefits provided for in a collective bargaining
agreement, then, in the absence of a minimum wage attachment to this contract,
the Contractor may not pay any service employee performing this contract less
than the wage and benefits, including those accrued and any prospective
increases, provided for under that agreement. No Contractor may be relieved of
this obligation unless the limitations of 29 CFR 4.1c(b) apply or unless the
Secretary of Labor or the Secretary's authorized representative (i) Determines
that the agreement under the predecessor was not the result of arms-length
negotiations, or (ii) Finds, after a hearing under 29 CFR 4.10, that the wages
and benefits provided for by that agreement vary substantially from those
prevailing for similar services in the locality.
F. Notification to Employees. The Contractor shall notify each service employee
commencing work on this contract of the minimum wage and any fringe benefits
required to be paid, or shall post a notice of the wages and benefits in a
prominent and accessible place at the work site, using such poster at may be
provided by the Department of Labor.
G. Safe and sanitary working conditions. The Contractor shall not permit
services called for by this contract to be performed in building or surroundings
or under working conditions provided by or under working conditions provided by
or under the control or supervision of the Contractor that are unsanitary,
hazardous, or dangerous to the health or safety of service employees. The
Contractor shall comply with the health standards applied under 29 CFR Part
1925, H. Records. The Contractor shall maintain for three (3) years from the
completion of the work, and make available for inspection and transcription by
authorized ESA representatives, a record of the following (i) For each employee
subject to the Act -
(a) Name and address;
(b) Work classification or classifications, rate or rates of wages and
fringe benefits provided
(c) Rate or rates of payments in lieu of fringe benefits, and total daily
and weekly compensation;
(d) Daily and weekly hours worked; and
(e) Any deductions, rebates, or refunds from total daily and weekly
compensation.
(ii) For those classes of service employees not included in any wage
determination attached to this contract, wage rates or fringe benefits
determined by interested parties or by ESA under the term of paragraph K
of this clause will fulfill this requirement.
I. Withholding of payments and Termination of Contract. The Contracting Officer
shall withhold from the prime contractor under this or any other government
contract with the prime contractor any sums the Contracting Officer, or an
appropriate officer of the Labor Department, decides may be necessary to pay
underpaid employees. Additionally, any failure to comply with the requirements
of this clause may be grounds for termination for default.
J. Contractor's Report. (i) If there is a wage determination attachment to this
contract and any classes of service employees not listed on it are to be
employed under the contract, the Contractor shall report promptly to the
Contracting Officer the wages to be paid and the fringe benefits to be provided
each of these classes, when determined under paragraph C, of this clause. (ii)
If wages to be paid or fringe benefits to be furnished any service employee(s)
under the contract are covered in collective bargaining agreement effective at
any time when the contract is being performed, the prime Contractor shall
provide to the Contracting Officer a copy of the agreement and full information
on the application
and accrual of wages and benefits (including any prospective increases) to
service employees working on the contract. The prime Contractor shall report
when contract performance begins, in the case of agreements then in effect, and
shall report subsequently effective agreements, provisions, or amendments
promptly after they are negotiated.
K. Variations, tolerances, and exemptions involving employment. Notwithstanding
any of the provisions in this clause, the following employees may be employed in
accordance with the following variations, tolerances, and exemptions authorized
by the Secretary of Labor. (i) In accordance with regulations issued under
Section 14, of the Fair Labor Standards Act of 1938 by the Administrator of the
Wage and Hour Division, ESA(29 CFR 520, 521, 524 and 525), apprentices, student
learners, and workers whose earning capacity is impaired by age or by physical
or mental deficiency or injury, may be employed at wages lower than the minimum
wages otherwise required by section 2(a)(1) or 2(b)(1) of the Service Contract
Act, without diminishing any fringe benefits or payments in lieu of these
benefits required under section 2(a)(2) of the Act. (ii) If the Administrator
will issue certificates under the Act for employing apprentices, and student
learners, disabled persons, or disabled clients of sheltered workshops not
subject to the Fair Labor Standards Act of 1938, or subject to different minimum
rates of minimum wages, but without changing requirements concerning fringe
benefits for supplementary cash payments in lieu of these benefits. (iii) The
Administrator may also withdraw, annul, or cancel such certificates under 29 CFR
525 and 528. (iv) An employee engaged in an occupation in which the employee
customarily and regularly receives more than $ 30 a month in tips credited by
the employer against the minimum wage required by section 2(a)(1) of the Act or
section 2(b)(1) of the Act, in accordance with regulations in 29 CFR 531.
However, the amount of credit shall not exceed 40 percent of the minimum rate
specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 as amended.
16. Conflict of Interest
The Contractor shall take special care to avoid even the appearance of a
conflict on Interest in its dealings with the District. Any such conflict shall
be immediately disclosed to the Contracting Officer. The contract is subject to
immediate termination pursuant the Default clause herein if the District
determines that action by the Contractor outside the scope of the contract
create a potential conflicts of interest or other untenable posture, in the
absence of a written waiver by District.
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17. Disclosure of the Information
No information regarding the Contractor's performance of the contract shall be
disclosed by the Contractor to anyone other than District Government officials
unless written approval is obtained in advance from the Contracting Officer.
18. Rights In Data
A. All data first produced in the performance of this contract shall be the sole
property of the District Contractor hereby acknowledges that all data including,
without limitation, computer program codes produced by the Contractor for the
District under this contract are works made for hire and are the sole property
of the District; but, to the extent any such data may not, by operation of law,
be works made for hire. Contractor hereby transfers and assigns to the District
the ownership of copyright in such works, whether published or unpublished. The
Contractor agrees to give the District 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 part or in any manner or form, or authorize others to do so, without
written consent of the District until such time as the District may have
released such data to the public. The District shall not unreasonably withhold
consent to the Contractor's request to publish or reproduce data in professional
publications.
B. The District shall have restricted rights in data, including computer
software and all accompanying documentation, and manuals and instructional
materials, listed or described in a license or agreement made a part of the
contract, which the parties have agreed will be furnished with restricted
rights, provided however, notwithstanding any contrary provision in any such
license or agreement, such restricted rights shall include, as a minimum, the
right to: (i) Use the data at any District installation. If the data is
software, use the software and all accompanying documentation and manuals or
instructional materials with the computer for which or with which it was
acquired, including use at any District installation to which the computer may
have been transferred by the District; (ii) Use the computer software and all
accompanying documentation and manuals or instructional materials with a backup
computer if the computer for which or with which it was acquired is inoperative;
(iii) Copy computer programs for safekeeping (archives) or backup purposes; and
(iv) modify all the data, including computer software and all accompanying
documentation and manuals or instructional materials, or combine it with other
software, subject to the provision that the modified portions shall remain
subject to these restrictions.
C. The restricted rights set forth in Paragraph B are of no effect unless the
data is marked by the Contractor with the following legend:
RESTRICTED RIGHTS
Use, duplication, or disclosure is subject to restrictions stated in Contract
No. ___________ with (contractor's name) __________________________
and (ii) the related computer software documentation includes a prominent
statement of the restrictions applicable to the computer software. The
Contractor may not place any legend on computer software indicating restrictions
on the District's rights in such software unless the restrictions are set forth
in a license or agreement made a part of the contract prior to the delivery date
for the software. Failure of the Contractor to apply a restricted rights legend
to such computer software shall relieve the District of liability with respect
to such unmarked software.
D. In addition to the rights granted in Paragraph B above, the Contractor hereby
grants to the District a nonexclusive, paid up license throughout the world, of
the same scope as restricted rights set forth in Paragraph B above, under any
copyright owned by the Contractor. In any work of authorship prepared for or
acquired by the District under the contract. Unless written approval of the
Contracting Officer is obtained, the Contractor shall not include in technical
data or computer software prepared for or acquired by the District under the
contract any works of authorship in which the copyright is not owned by the
Contractor without acquiring for the District any rights necessary to perfect a
copyright license of the scope specified in the first sentence of this
paragraph.
E. Whenever any data, including computer software, is to be obtained from a
subcontractor under this contract, the Contract shall use this same clause in
the subcontract, without alteration, and no other clause shall be used to
enlarge or diminish the District's or the Contractor's rights in that
subcontractor data or computer software which is required for the District.
F. For all computer software furnished to the District with the rights specified
in Paragraph A, the Contractor shall furnish to the District a copy of the
source code with such rights of the scope specified in Paragraph A. For all
computer software furnished to the District with the restricted rights specified
in Paragraph B, the District, if the Contractor, either directly or through a
successor or affiliate shall cease to provide the maintenance or warranty
service provided the District under this contract or any paid-up maintenance
agreement, or if Contractor should be declared bankrupt or insolvent by a court
of competent jurisdiction, shall have the right to obtain, for its own and sole
use only, a single copy of the then current version 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 the source code the
reasonable cost of making each copy.
G. The Contractor shall indemnify and save and hold harmless the District, its
officers, agents and employees acting within the scope of their official duties
against any liability, including costs and expenses, (i) for the violation of
proprietary rights, copyrights, or rights of privacy, arising out of the
publication, translation, reproduction, delivery, performance, use or
disposition of any data furnished under this contract, or (ii) based upon
libelous or other unlawful matter contained in such data.
H. Nothing contained in this clause shall imply a license to the District under
any patent, or be construed as affecting the scope of any license or other right
granted to the District under any patent. Paragraphs B, C, D, F, and G above are
not applicable to material furnished to the Contractor by the District and
incorporated in the work furnished under contract, provided that such
incorporated materiel is identified by the Contractor at the time of delivery of
such work.
19. Preferences for Local Businesses, Disadvantaged Businesses, or Businesses
Operating in an Enterprise Zone.
A. General Preferences. Under the provisions of D.C. Law 9-217, "Equal
Opportunity for Local, Small and Disadvantaged Business Enterprises Act of 1992"
("Act"), the District shall apply preferences in evaluating proposals from
businesses that are local, disadvantaged or located in an enterprise zone of the
District of Columbia. The scale of points which can be applied under the Act are
defined in solicitations at Part I - Section M, Evaluation Factors for Award.
B. Liquidated Damages. If the Contractor fails to comply with the subcontracting
plan submitted in accordance with the requirements of the contract and 27 DCMR
804.9, 39 DCR 9059 (December 4, 1992), and approved by the Contracting Officer,
within the period of the contract or any extension thereof, the Contractor
shall, in place of actual damages, pay to the District as fixed, agreed and
liquidated damages, for each calendar day the
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Contractor fails to comply with the subcontracting plan, the sum of $25.00,
unless the Contracting Officer determines that the contractor made good faith
efforts to comply with the subcontracting plan. Prior to assessing any
liquidated damages under this provision, the Contracting Officer shall issue a
written notice informing the Contractor that it is not in compliance with the
subcontracting plan and setting forth the areas of non-compliance. The written
notice from the Contracting Officer shall provide the Contractor ten (10) days
from the date of receipt of the written notice to correct any areas of
non-compliance or to demonstrate that the Contractor has used good faith efforts
to comply with the subcontracting plan. If the Contractor fails to correct any
areas of non-compliance or demonstrate good faith efforts within the ten-day
period, the Contracting Officer shall assess liquidated damages beginning on the
first day after the end of the ten-day period. If the failure to comply with the
subcontracting plan is such that the District deems it a material breach of the
contract and terminates the contract under the Default Clause, the Contractor
shall be liable for the fixed, agreed and liquidated damages accruing until the
time the District may reasonably obtain similar goods or services.
20. Applicability of the Service Contract Act of 1965
To the extent that the Act applies, this contract is subject to the following
provisions and to all other applicable provisions of the Act and regulations of
the Secretary of Labor (29 CFR 4). All interpretations of the Act in Subpart C
of 29 CFR 4 are incorporated in this contract by reference. This clause does not
apply to contracts or subcontracts administratively exempted by the Secretary of
Labor or exempted by 41 U.S.C. 356, as interpreted in Subpart C, 29 CFR 4. See
appropriate Attachment at Part IV - Section J for the applicable U.S. Department
of Labor Wage Rate Determination, if applicable.
21. Patents
The Contractor shall hold and save the District, its officers, agents, servants
and employees harmless from liability of any nature or kind, including costs,
expenses, for or on account of any patented or unpatented invention, article,
process, or appliance, manufactured or use in the performance of this Contract,
including their use by the District, unless otherwise specifically stipulated in
this Contract.
22. Inspection and Acceptance.
Inspection and acceptance will be at destination, unless otherwise provided.
Until delivery and acceptance, and after any rejections, risk of loss will be on
the Contractor unless loss results from negligence on the part of the
government.
23. Responsibility for Supplies Tendered
The Contractor shall be responsible for the materials or supplies covered by
this Contract until they are delivered at the designated point, but the
Contractor shall bear all risk on rejected materials or supplies after
notification of rejection. Upon failure to do so within ten days after
notification, the District may return the rejected materials or supplies to the
Contractor at the Contractor's risk and expense.
24. Appropriation of Funds
The District's liability under this contract is contingent upon the future
availability of monies with which to make payment [ILLEGIBLE] contract purpose.
The legal liability on the part of the District of Columbia for payment of any
money shall not arise unless and until such monies shall have been provided.
25. Multiyear Contract.
If funds are not available for the continued performance in a subsequent year of
a multiyear contract, the contract for the subsequent year shall be terminated,
either automatically or in accordance with the termination clause of this
contract, if any. Unless otherwise provided for in this contract, the effect of
termination is to discharge both the District and the Contractor from future
performance of the Contract, but not from their existing obligations. The
Contractor shall be reimbursed for the reasonable value of any nonrecurring
costs incurred, but not amortized in the price of the supplies or services
delivered under the Contract.
26. Termination of Contracts for Certain Crimes and Violations
A. The District may terminate without liability any Contract and may deduct from
the Contract price or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid in violation of this title if the
Contractor has been convicted of a crime arising out of or in connection with
the procurement of any work to be done or any payment made under this Contract.
B. If a Contract is terminated pursuant to this section, the Contractor: (i) May
be paid only the actual costs of the work performed to the date of termination,
plus termination costs, if any; and (ii) shall refund all profits or fixed fees
realized under the Contract.
C. The rights and remedies contained in this Clause are in addition to any other
rights or remedies provided by law, and the exercise of any of them is not a
waiver of any other right or remedy provided by law.
27. Invoices
A. An invoice is a written request for payment under the contract for
supplies delivered or services rendered in order to be proper an invoice must
include as applicable, the following:
(1) Name and address of the Contractor.
(2) Invoice date.
(3) Contract number or other authorization for supplies delivered or
services performed (including order number and contract line item number).
(4) Description, quantity, unit of measure, unit price and extended price
of supplies delivered or services performed.
(5) Shipping and payment terms (e.g., shipment number and date of
shipment, prompt payment discount terms).
(6) Name and address of Contractor official to whom the payment is to be
sent (must be the same as that on the contract or accompanied by a proper
notice of assignment).
(7) Name (where practicable), title, phone number, mailing address of
person to be notified in event of defective invoice.
(8) Any other information or documentation required by the Contract (such
as evidence of shipment).
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Invoices shall be prepared and submitted in quadruplicate (one copy shall be
marked "original") unless otherwise specified.
B. For purpose of determining if interest begins to accrue under the
Prompt Payment Act (Public Law 97-177), as amended by P.L. 100-496):
(1) A proper invoice will be deemed to have been received when it is
received by the office designated in the contract for receipt of
invoices and acceptance of the supplies delivered or services
rendered has occurred;
(2) Payment shall be considered made on the date on which check for such
payment is dated;
(3) Payment terms (e.g., "net 20") offered by the Contractor will not be
deemed as the "required payment date"; and
(4) The following periods of time will not be included;
(i) after receipt of an improper invoice and prior to notice of
any defect or impropriety, but not to exceed 7 days; and
(ii) between the date of a notice and any defect or impropriety and
the date a proper invoice is received. When the notice is in
writing, it shall be considered made on the date shown in the
notice.
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PART III - SECTION J
LIST OF ATTACHMENTS
Number Description
1. Schedule of Fees and Charges (Line Item 0003 of the Schedule)
Not included in the solicitation - incorporated in the contract at the
conclusion of negotiations.
2. D.C. Pamphlet 1345, Electronic Payments Manual
Note: This manual is incorporated by this reference; a copy may not necessarily
be attached to this copy of this document, but may be retrieved electronically
via Email by sending a message to
rfp_at_~cfo-ojs.ccmail.dcgov.org
In the subject line of the message, use "Please Send DC-1345".
3. Confidentiality Agreement (Contractor must sign before beginning
performance).
4. Performance Related Documents from Contractor's Proposal (33 pages):
- Letter of Kenneth Stern, CEO, dated September 17, 1998
- Clarification Letter of Stephen R. Johnson, Sr. VP,
dated October 30, 1998.
- Statement of Experience and Capability (Offeror's
Proposal Section A)
- Qualifications of Key Personnel (Offeror's Proposal
Section B)
- Summary of Firm's Approach (Offeror's Proposal Section
C)
- Technical Implementation Plan (Exhibit 4 of Offeror's
Proposal)
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PART IV - SECTION K
REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
(This section must be completed and returned with applicable documentation
called for throughout the text in order for a proposal to be considered
responsive to the solicitation).
The Offeror Represents and Certifies as part of the offer that (check or
complete all applicable items and submit all required documentation):
K.1 Certification Regarding a Drug-Free Workplace.
A. Definitions. As used in this provision:
"Controlled substance" means a controlled substance in schedules I
through V of section 202 of the Controlled Substances Act (21 U.S.C.
812) and as further defined in regulation at 21 CFR 1308.11 -
1308.15.
"Conviction" means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the
Federal or State criminal drug statutes.
"Criminal drug statute" means a Federal or non-Federal criminal
statue involving the manufacture, distribution, dispensing,
possession or use of any controlled substance.
"Drug-free workplace" means the site(s) for the performance of work
done by the Contractor in connection with a specific contract at
which employees of the Contractor are prohibited from engaging in
the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance.
"Employee" means an employee of a Contractor directly engaged in the
performance of work under a Government contract.
"Directly engaged" is defined to include all direct cost employees
and any other Contractor employee who has other than a minimal
impact or involvement in contract performance.
"Individual" means an offeror/contractor that has no more than one
employee including the offeror/contractor.
B. By submission of its offer, the offeror, if other than an
individual, who is making an offer that equals or exceeds $25,000,
certifies and agrees, that with respect to all employees of the
offeror to be employed under a contract resulting from this
solicitation, it will - no later than 30 calendar days after
contract award for contracts of 30 calendar days or more performance
duration; or as soon as possible for contracts of less than 30
calendar days performance duration, but in any case, by a date prior
to when performance is expected to be completed -
(1) Publish a statement notifying such employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the Contractor's
workplace and specifying the actions that will be taken
against employees for violations of such prohibition;
(2) Establish an ongoing drug-free awareness program to inform
such employees about -
(a) The dangers of drug abuse in the workplace;
(b) The Contractor's policy of maintaining a drug-free
workplace;
(c) Any available drug counseling, rehabilitation, and
employee assistance programs; and
(d) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace.
(3) Provide all employees engaged in performance of the contract
with a copy of the statement required by subparagraph B(1) of
this provision;
(4) Notify such employees in writing in the statement required by
subparagraph B(1) of this provision that, as a condition of
continued employment on the contract resulting from this
solicitation, the employee will -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of the employee's
conviction under a criminal drug statute for a violation
occurring in the workplace no later than 5 calendar days
after such conviction;
(5) Notify the Contracting Officer in writing within 10 calendar
days after receiving notice under subdivision B(4)(b) of this
clause, from an employee or otherwise receiving actual notice
of such conviction. The notice shall include the position
title of the employee.
(6) Within 30 calendar days after receiving notice under
subdivision B(4)(b) of this provision of a conviction, take
one of the following actions with respect to any employee who
is convicted of a drug abuse violation occurring in the
workplace:
(a) Take appropriate personnel action against such employee,
up to and including termination; or
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(b) Require such employee to satisfactorily participate in
drug abuse assistance or rehabilitation program approved
for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency.
(7) Make a good faith effort to maintain a drug-free workplace
through implementation of subparagraphs B.(1) through B.(6) of
this provision.
C. By submission of its offer, the offeror, if an individual who is
making an offer of any dollar value, certifies and agrees that the
offeror will not engage in the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance in the
performance of the contract resulting from this solicitation.
D. Failure of the offeror to provide the certification required by
paragraphs B or C of this provision, renders the offeror unqualified
an ineligible for award.
In addition to other remedies available to the Government, the
making of a false, fictitious, or fraudulent certification under
paragraph B or C of this provision may render the maker subject to
criminal prosecution.
K.2 Type of Business Organization.
The offeror or quoter, by checking the applicable box represents that it
operates as |X| a corporation under the laws of the State of CALIFORNIA,
|_| an individual, |_| a partnership, |_| a nonprofit organization, or |_|
a joint venture.
K.3 Authorized Negotiators.
The offeror shall list the names of persons authorized to negotiate on the
offeror's behalf in connection with the Request for Proposal (list names,
titles and telephone numbers of the authorized negotiators):
KENNETH STERN, PRESIDENT, 800-IVR-4567
--------------------------------------------------------------------------
STEVE JOHNSON, SR. VICE PRESIDENT, 800-IVR-4567
--------------------------------------------------------------------------
--------------------------------------------------------------------------
--------------------------------------------------------------------------
K.4 Vendor Submissions For Preferences for Local Business Enterprises,
Disadvantaged Business Enterprises, or Businesses Located in an Enterprise
Zone.
Any vendor seeking to receive preferences on this solicitation as a local
business enterprise ("LBE"), disadvantaged business enterprise ("DBE"), or
business located in an enterprise zone, must submit at the time of, and as
part of its proposal, evidence of the vendor's, subcontractor's, or joint
venture partner's certification or self-certification as an LBE or DBE, to
include a copy of all relevant letters of certification from the District
of Columbia Minority Business Opportunity Commission, or a copy of any
sworn notarized Self-Certification Forms prescribed by the Minority
Business Opportunity Commission along with an acknowledgment letter issued
by the Director of the Department of Human Rights and Minority Business
Development, or evidence that the vendor or any subcontractor is located
in an enterprise zone.
By checking the applicable box, the offeror represents that it is
certified as a |_| local business, |_| a disadvantaged business, or a |_|
business located in an enterprise zone, in accordance with D.C. Law 9-217,
the "Equal Opportunity for Local, Small and Disadvantaged Business
Enterprises Act of 1992". Further, by checking any the following boxes,
the offeror represents that it is using or will use one or more
subcontractors certified as |_| local businesses, |_| disadvantaged
businessES, or |_| businesses located in enterprise zones. If any boxes
are checked to gain the preferences available under the law, provide
evidence of such certification as follows:
A Self-Certification Package is available to assist offerors in the
completion of their certifications. Any vendor, subcontractor or joint
venture seeking self-certification may obtain the package from:
The Department of Human Rights and Minority Business Development
Certification and Business Development Division
441 4th Street, NW, Ninth Floor
Washington, DC 20001
All vendors are encouraged to contact the Certification and Business
Development Division at (202) 724-1385 if additional information is
required on certification procedures and requirements.
Any material misrepresentation on the sworn notarized self-certification
form could result in termination of the contract, contractor's liability
for civil and criminal action in accordance with the Equal Opportunity for
Local Small and Disadvantaged Business Enterprises Act of 1992, D.C. Law
9-217 and other District Laws and possible [illegible].
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K.5 Certificate of Independent Price Determination (Apr 1985).
(a) The offeror certifies 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
other 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 offered; (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
bid opening (in the case of a sealed bid solicitation) or contract
award (in the case of a negotiated solicitation) unless otherwise
required by law; and (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 bid or proposal, and that the signatory has not
participated and will not participate in any action contrary to
subparagraphs (a)(1) through (a)(3) of this provision, 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) of this provision STEVE JOHNSON
[insert full name of person(s) in the offeror's organization
responsible for determining the prices offered in this bid or
proposal, 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)(i) of this provisions have
not participated, and will not participate, in any action contrary
to subparagraphs (a)(1) through (a)(3) of this provision; and (iii)
As an agent, has not personally participated, and will not
participate, in any action contrary to subparagraphs (a)(1) through
(a)(3) of this provision. If the offeror deletes or modifies
subparagraph (a)(2) of this provision, the offeror must furnish with
its offer a signed statement setting forth in detail the
circumstances of the disclosure.
K.6 Contingent Fee Representation and Agreement
The Contractor warrants that no person or selling agency has been employed
or retained to solicit or secure the contract upon an agreement or
understanding for a commission, percentage, brokerage or contingent fee,
excepting bona fide employees or bona fide established commercial or
selling agencies maintained by the contractor for the purpose of securing
business. For breach of violation of this warranty, the District shall
have the right to terminate the contract without liability or in its
discretion to deduct from the contract or price or consideration or
otherwise recover the full amount of the commission, percentage,
brokerage, or contingent fee.
K.7 Prospective Contractor's Responsibility
In order to receive an award under this RFP, the Contracting Officer must
determine that the prospective contractor has the capability in all
respects to perform fully the contract requirements. To be deemed
responsible, a prospective contractor must establish that it has:
(1) Financial resources adequate to perform the contract, or the
ability to obtain them;
(2) Ability to comply with the required or proposed delivery or
performance schedule, taking into consideration all existing
commercial and governmental business commitments;
(3) A satisfactory record of performance;
(4) The necessary organization, experience, accounting and
operational control, and technical skills, or the ability to
obtain them.
(5) Compliance with the applicable District licensing, tax laws,
and regulations;
(6) The necessary production, construction, and technical
equipment and facilities, or the ability to obtain them; and
(7) Other qualifications and eligibility criteria necessary to
receive an award under applicable laws and regulations.
The District reserves the right to request from a prospective contractor
information necessary to determine the prospective contractor's
responsibility. Information is to be submitted upon the request of the
District within the time specified in the request. Failure of an offeror
to comply with a request for information may subject the offeror's
proposal to rejection on responsibility grounds. If a prospective
contractor fails to supply the requested information, the District's
Contracting Officer shall make the determination of responsibility or
nonresponsibility based on available information. If the available
information is insufficient to make a determination of responsibility, the
District's Contracting Officer shall determine the offeror to be
nonresponsible.
K.8 ASSURANCE OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
Mayor's Order 85-85, effective June 10, 1985 and the rules implementing
Mayor's Order 85-85, 4 DCR 1100 "Equal Opportunity Requirements in
District Government Contracts," are incorporated into District of Columbia
contracts by reference. Therefor, all bidders offerors shall indicate
below their written commitment to assure compliance with Mayor's Order
85-85 and the Implementing Regulation. Failure to comply with the subject
Mayor's Order and the Implementing Regulation shall result in rejection of
the prospective bid proposal.
I, KENNETH STERN, PRESIDENT, the authorized representative of U.S.
AUDIOTEX, LLC, hereinafter referred to as "the contractor," certify that
the contractor is fully aware of all of the provisions of Mayor's Order
85-85, effective June 10, 1985, and of the Rules Implementing Mayor's
Order 85-85, and 4 DCR 1100. I further certify and assure that the
contractor will fully comply with all applicable provisions of the Mayor's
Order and Implementing Regulation if awarded the D.C. Government contract
as a result of the present solicitation. Further the
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contractor acknowledges and understands that the award of said contract
and its continuation are specifically conditioned upon the contractor's
continued compliance with the Order and Regulations cited above.
Further the Contractor agrees to include in each subcontract it issues for
goods and services, including construction contracts, except construction
subcontracts for standard commercial supplies or raw materials, shall
include as express contractual provisions, the language contained in Title
4, District of Columbia Regulation at Paragraphs 1103.2 through 1103.10,
which is as follows:
1103.2 The contractor shall not discriminate against any employee or
applicant for employment because of race, color, religion, national
origin, sex, age, marital status, personal appearance, sexual
orientation, family responsibilities, matriculation, political
affiliation, or physical handicap.
1103.2 The contractor agrees to take affirmative action to ensure
applicants are employed, and that the employees are treated during
employment without regard to their race, color, religion, national
origin, sex, marital status, personal appearance, sexual
orientation, family responsibilities, matriculation, political
affiliation, or physical handicap. The affirmative action shall
include, but not be limited to, the following:
(a) Employment, upgrading or transfer;
(b) Recruitment or recruitment advertising;
(c) Demotion, layoff or termination;
(d) Rates of pay, or other forms of compensation; and
(e) Selection for training and apprenticeship.
1103.4 The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the Contracting Agency, setting forth the provisions in
Paras. 1103.2 and 1103.3 concerning non-discrimination.
1103.5 The contractor shall, in all solicitations or advertisements
for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment
pursuant to the non-discrimination requirements set forth in
paragraph 1103.2.
1103.6 The contractor agrees to send to each labor union or
representative of workers with which it has a collective bargaining
agreement, or other contract or understanding, a notice to be
provided by the Contracting Agency, advising each labor union or
worker's representative of the contractor's commitments under this
chapter, and shall post copies of the notice in conspicuous places
available to the employees and applicants for employment.
1103.7 The contractor agrees to permit access to all books, records,
and accounts pertaining to its employment practices, by the Director
and the Contracting Agency for purposes of investigation to
ascertain compliance with this chapter, and to require under terms
of any subcontractor agreement with each subcontractor to permit
access of those subcontractor's books, records and accounts for such
purposes.
1103.8 The contractor agrees to comply with the provisions of this
chapter and with all guidelines for equal employment opportunity
applicable in the District of Columbia adopted by the Director, or
any authorized official.
1103.9 The prime contractor shall include in every subcontract the
equal opportunity clauses, Paragraphs 1103.2 through 1103.10 of this
section, so that these provisions shall be binding upon each
subcontractor or vendor.
1103.10 The prime contractor shall take action with respect to any
subcontract as the Contracting Officer may direct as a means of
enforcing these provisions, including sanctions for non-compliance,
provided that in event the prime contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the Contracting Agency, the prime
contractor may request the District to enter into such litigation to
protect the interest of the District.
US AUDIOTEX, LLC
------------------------
Contractor Offeror Bidder
KENNETH STERN, PRESIDENT
------------------------
Name
/s/ Kenneth Stern
------------------------
Signature
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PRESIDENT
------------------------
Title
CFOPD-98-R-017
------------------------
Contract Number
9/16/98
------------------------
Date
K.9 Appointment of Attorney
By submitting a proposal in response to this solicitation, the offeror:
A. irrevocably designates and appoints the Clerk of the District of
Columbia Superior Court and his successors in office as the true and
lawful attorney of the Contract for the purpose of receiving service of
all notices and processes issued by any court in the District of Columbia,
as well as service of all pleadings and other papers, in relation to any
action or legal proceeding arising out of or pertaining to this
solicitation and any contract that may be awarded as a result of it, or
the work required or performed hereunder, and
B. expressly agrees that the validity of any service upon the said Clerk
as herein authorized shall not be affected either by the fact that the
offeror was personally within the District of Columbia and otherwise
subject to personal service at the time of service upon said Clerk or by
the fact that the Contractor failed to receive a copy of such process,
notice or other paper so served upon the said Clerk provided the said
Clerk shall have deposited in the United States mail, registered and
postage prepaid, a copy of such process, notice pleading or other paper
addressed to the contractor at the address stated in this contract.
K.10 Conflict of Interest
Please disclose the following:
(1) Any material arrangements, relationships or other employment that
your firm or any firm employee has with any firms or other persons
or entities that may create a conflict of interest or the appearance
of a conflict of interest in providing services to the District;
(2) Any family relationship that any employee of the firms has with any
District public servant that may create a conflict of interest or
the appearance of a conflict of interest in providing services to
the District;
(3) Any other matter that the firm believes may create a conflict of
interest or the appearance of a conflict of interest in providing
services to the District; and
(4) Any procedures the firm has, or would adopt, to (1) prevent a
conflict of interest or the appearance of a conflict of interest
from occurring in the future, and (ii) disclose any conflict of
interest or potential conflict of interest which occurred during the
course of the firm's employment by the District.
K.11 First Source Employment Agreement Certification
For all proposals over $100,000.00, except for those in which the offeror
is located outside the Washington D.C. metropolitan area and will perform
no work in the Washington D.C. metropolitan area, the following
certification is required:
The offeror recognizes that one of the primary goals of the District
government is the creation of job opportunities for bona fide District
residents. Accordingly, the offeror agrees to pursue the District's
following goals for utilization of bona fide residents of the District of
Columbia with respect to this Contract and in compliance with the Mayor's
Order 83-265, whereby (1) at least 51% of all jobs created as a result of
this Contract are to be performed by employees who are residents of the
District of Columbia and at least 51% of apprentices and trainees employed
shall be residents of the District of Columbia registered in programs
approved by the D.C. Apprenticeship Council. The offeror also agrees to
notify all prospective subcontractors prior to execution of any
contractual agreements, that the subcontractors are expected to implement
Mayor's Order 83-265 in their own employment practices. The offeror
understands and will comply with the requirements of The Volunteer
Apprenticeship Act of 1978, D.C. Code sec 36-101 et seq, and the
First Source Employment Agreement Act of 1984, D.C. Code sec 1-1161 et
seq.
The offeror certifies that it intends to enter into a First Source
Employment Agreement with the District of Columbia Department of
Employment Services (DOES). Under this First Source Employment Agreement,
the offeror will use DOES as the first source for recruitment and referral
of any new employees. The offeror shall negotiate the First Source
Employment Agreement directly with DOES. Nothing in this certification or
the First Source Employment Agreement shall be construed as requiring the
offeror to hire or train persons it does not consider qualified based on
standards the offeror applies to all job applicants.
/s/ Ken Stern 9/16/98
--------------------------- ------------------------
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Signature Date
KENNETH STERN PRESIDENT
--------------------------- ------------------------
Printed Name Title
The penalty for making false statements in offers is prescribed in 18 USC 1001.
K.12 Vendor Registration / Payment Identification Nr.
The District of Columbia has an automated vendor database used to process
payments. Firms are indexed in the database by DUNS numbers issued by the
Dun and Bradstreet Corporation. Individuals doing business with the
District are indexed by their social security numbers. DUNS numbers may be
obtained free of charge by telephoning B&B, toll-free, at 1800-3330505.
Application forms are available on the Internet at
http://www.dnb.com/dbis/aboutdb/dunsform.htm.
No payments can be processed under any contract resulting from this
solicitation without the following information:
DUNS or Social Security Nr.: 032713419
Legal Name of Entity (or name of individual) under which above number was
obtained:
US AUDIOTEX, LLC
--------------------------------------------------------------------------------
Street or Mailing Address associated with above given number:
18 CROW CANYON COURT, SUITE 300
--------------------------------------------------------------------------------
SAN RAMON, CA 94583
--------------------------------------------------------------------------------
Type of Business: INTERACTIVE VOICE RESPONSE/CREDIT CARD SYSTEMS DEVELOPER
K.13 Tax Certification. The proposer shall complete the following Tax
Certification Affidavit:
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District of Columbia - Department of Tax and Revenue
Tax Certification Affidavit
9-16 1998
Name of Organization/Entity US AUDIOTEX, LLC
Address 18 CROW CANYON COURT, SUITE 300, SAN RAMON, CA 94583
Name Soc. Sec. No. Title
Principal Officers: KENNETH STERN - - PRESIDENT
--------------------------------------------------------
WILLIAM CAPPS - - MANAGING DIRECTOR
--------------------------------------------------------
--------------------------------------------------------
Business Telephone No: 923-438-7996
Finance & Revenue Registration No:
Federal Identification No: 68-0386340
DUNS NO: 032713419 Contract No:
Unemployment Insurance Account No: 4256733-9
I hereby certify that US AUDIOTEX HAS NOT YET APPLIED TO DISTRICT FOR ANY TAX
ACCOUNTS.
1. I have complied with the applicable tax filing and licensing requirements
of the District of Columbia.
2. The following information is true and correct concerning tax compliance
for the following taxes for the past five (5) years:
Current Not Current
District: Sales and Use Tax |_| |_|
Employer Withholding |_| |_|
Hotel Occupancy |_| |_|
Corporation Franchise |_| |_|
Unincorporated Franchise |_| |_|
Personal Property |_| |_|
Professional License |_| |_|
Arena/Public Safety Fee |_| |_|
Vendor Fee |_| |_|
3. If not current, as checked in Item 2, I am in compliance with a payment
agreement with the Department of Finance and Revenue: ___ Yes ___ No
Attach a copy of the agreement. If outstanding liabilities exists and no
agreement has been made, please attach a listing of all such liabilities.
4. The Department of Finance and Revenue also requires:
(A) Copies of Form FR-532 (Notice of Registration) or a copy of an
FR-800 Combined Registration Form)
(B) Copies of cancelled checks for the last tax period(s) filed for each
tax liability; i.e., Sales and Use, Employer Withholding, etc.
The District of Columbia Government is hereby authorized to verify the above
information with appropriate government authorities. Penalty for making false
statements is a fine of not more than $1,000.00, imprisonment for not more than
one year, or both, as prescribed in D.C. Code Sec [illegible]. Penalty for false
sweeting is a fine of not more than $2,000.00, imprisonment for not more than
three years, or both, as prescribed in D.C. Code Sec. [illegible].
/s/ Ken Stern KENNETH STERN, PRESIDENT
----------------------------------- ----------------------------------
Signature of Person Authorized Printed name & title
to Sign this Document
Notary: DISTRICT OF COLUMBIA, ss:
Subscribed and sworn before me this 16th day of September, 1998
-----------------
Month & Year
/s/ Gary Beeler
-----------------------------
Notary Public
Commission Expires: 6/27/01
[NOTARY SEAL]
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CFOPD-98-R-017 Page 30 of 41 Pages
PART IV - SECTION L
INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS
L.1 Proposal Identification/Submission.
A. Proposals shall be submitted in a sealed envelope conspicuously marked
with this solicitation number (from block 2 on page 1)
B. Proposals shall be hand delivered or mailed to the location show in the
SOLICITATION section on page 1.
L.2 Proposal Information and Format.
Proposals shall be prepared simply and economically, providing a
straightforward, concise delineation of proposer's capabilities to satisfy
the requirements of this RFP. Fancy bindings and colored displays or
promotional material are not desired. All pages must be numbered. The
proposers shall submit one (1) original and seven (7) copies of the
proposals.
L.3 Proposal Submission Date and Time, Late Submission, Modifications and
Withdrawal. Proposals shall be submitted no later than the date and time
shown at block 7 on page 1. Proposals, modifications to proposals, or
requests for withdrawal that are received in the designated location after
the exact local time specified, are "late" and shall be considered only if
they are received before the award is made and one (1) or more of the
following circumstances apply:
(1) The proposal or modification was sent through postal channels
by insured, registered, certified or [illegible] Express mail
no later than the fifth (5th) calendar day before the date
specified for receipt of offers;
(2) The proposal or modification was sent by mail and it is
determined by the Contracting Officer that the late receipt at
the location specified in the solicitation was caused by
mishandling by the District after receipt; or
(3) The proposal is the only proposal received.
B. The only acceptable evidence to establish the date of a late proposal,
late modification or late withdrawal sent either by registered or
certified mail shall be a U.S. or Canadian Postal Service postmark on the
wrapper or on the original receipt from the U.S. or Canadian Postal
Service. If neither postmark shows a legible date, the proposal,
modification or withdrawal shall be deemed to have been mailed late. When
the postmark shows the date but not the hour, the time is presumed to be
the last minute of the date shown. If no date is shown in the postmark,
the proposal shall be considered late unless the offeror can furnish
evidence from the postal authorities of timely mailing.
C. A late proposal, late request for modification or late request for
withdrawal shall not be considered, except as provided in this section.
D. A late modification of a successful proposal which makes its terms more
favorable to the District shall be considered at any time it is received
and may be accepted.
E. A late proposal, late modification or late withdrawal of offer that is
not considered shall be held unopened, unless opened for identification,
until after award and then retained with unsuccessful offers resulting
from this solicitation.
L.4 Explanation to Prospective Offerors.
Any prospective offeror desiring an explanation or interpretation of this
solicitation must request it in writing and in time to reach the
Contracting Officer before the closing date and time indicated for this
solicitation. Any substantive information given to a prospective offeror
concerning a solicitation will be furnished promptly to all other
prospective offerors as an amendment to the solicitation, if that
information is necessary in submitting offers or if the lack of it would
be prejudicial to any other prospective offerors. Oral explanations or
instructions given before the award of the contract will not be binding.
L.5 Contract Award
Notwithstanding Statements of Intent to make a single award that may be
contained in the solicitation, the Contracting Officer reserves the right,
should it be in the District's best interests to award more than one
contract as a result of this solicitation. In order to receive a contract
award, a firm must meet the general responsibility criteria specified in
the paragraph entitled "Prospective Contractor's Responsibility, at Part
IV - Section K.
The District may award a contract on the basis of initial offers received,
without discussion. Therefore, each initial offer should contain the
offeror's best terms from a standpoint of price, technical, and other
factors.
L.6 Proposal Submission Format
Offerors are to enter their offered price(s), discounts and other
percentages, options prices and period details, total amounts, warranty
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details and any other information for which blank spaces are provided, in The
Schedule at Part I - Section B. All applicable blanks in the OFFER section of
the form as page 1 and at Part IV - Section K, and blanks in any forms that are
provided in the Attachments must also be completed.
The offeror's proposal shall consist of this solicitation document with the
completed forms, plus the applicable supplemental documentation required in Part
IV - Section K, as well as a narrative addressing the subject matter at
subparagraphs A, B, and C, below, as applicable:
A. Statement of Experience and Capability. Please provide the following
information:
(1) Brief historical summary of the firm, including its year of
organization. (Please limit your response to 1 page)
(2) Description of the general capabilities of your firm, including
information related to the total size and staffing, professional
staff and clerical support; (Please limit your response to 1 page)
(3) Description of your firm's specific experience in previously
providing to the general public the same or similar services and/or
supplies called for in the solicitation. Please provide no more than
three references, including name and telephone number of contact
persons who can discuss your firm's experience in providing these or
similar services and/or supplies. In particular,
(4) Location of office(s) that would serve the District;
(5) Listing and description of all pending litigation, or litigation
concluded within the past 5 years, related to other contracts or
agreements your firm has with the District of Columbia or the
Federal Government in which your firm or any predecessor firm, or
any member of your firm or predecessor firm, is named defendant;
B. Qualifications of Key Personnel
The solicitation calls for the naming of key personnel, the individuals named
shall be considered essential to the work that will be performed under the
resulting contracts. When "key personnel" are called for in the solicitation,
prospective offerors are to locate and read the terms related to such personnel
and requirements relating to qualifying substitutes. Offerors are cautioned to
insure that they have a full understanding of the consequences that will result
if key personnel are diverted from performance under the contract after they are
proposed.
The contractor will assign a project manager who will be responsible for
directing all activities and meeting weekly with a senior staff member
designated by OTR/DSA to review progress, the DSAY2K Program Manager. This
individual will be a key individual. In addition to the key individual, the
contractor will propose to provide sufficient staff with the required skills to
successfully complete the project. The offeror must specify in its technical
proposal it's requirements with respect to the amount of OTR/DSA staffing that
will be needed to support this effort. While the government recognizes that
OTR/DSA staff must be involved in many key areas of the Y2K project, it is the
government's preference to minimize the OTR/DSA staffing requirements. Proposals
will be weighed accordingly.
Provide the following information about the named individuals:
(1) Names, office locations, and resumes of all key personnel including
those individuals who will be handling the day-to-day responsibilities of
performing duties under the contract.
(2) Name(s) and office location(s) of the individual(s) who will have
primary responsibility for providing managerial oversight under the
contract;
(3) Description of experience of personnel in providing the same or
similar services as required under the contract. (Please limit your
response to 2 pages); and
C. Summary of Firm's Approach
(1) In a proposal where services are required as a whole or part of a
Contract to be awarded, please provide narrative description of your proposed
approach to complete the work outlined in Part I - Section B and detailed in
Part I Section C. Address implementation procedures your firm will utilize,
control and quality assurance measures, time lines and other pertinent elements.
In particular, the proposer must list for what credit cards the firm has
established merchant's agreements, and which of the cards will be cards D.C.
taxpayers will be able to make remittances.
(2) Subcontracting Plan. A notarized statement detailing a subcontracting
plan shall be submitted, as part of the proposal, by any prime contractor
seeking a preference on the basis of proposed subcontracting with an LBE,
DBE, or business located in an enterprise zone. See the Clause 21 at Part
III - Section I, Local, Disadvantaged or Enterprise Zone Businesses and
the Certifications required at Part IV - Section K Para 4. Each
subcontracting plan shall include the following:
(a) A description of the goods or services to be provided by the
LBE, DBE, or business located in an enterprise zone;
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(b) If the prime contractor is seeking a preference on the basis of
proposed subcontracting with an LBE, DBE, or business located in an
enterprise zone, a statement of the dollar value by type of
business, of the proposal that pertains to the subcontracts to be
performed by the LBEs, DBEs, or businesses located in an enterprise
zone;
(c) If the solicitation contains an LBE or DBE subcontracting
set-aside, a statement of the dollar value by type of business
enterprise, of the proposal that pertains to the subcontracts to be
performed by LBEs or DBEs;
(d) The names and addresses of all proposed subcontractors who are
LBEs, DBEs, or businesses located in an enterprise zone;
(e) The name of the individual employed by the prime contractor who
will administer the subcontracting plan, and a description of the
duties of the individual;
(f) A description of the efforts the prime contractor will make to
ensure that LBEs, DBEs, or businesses located in an enterprise zone
will have an equitable opportunity so compete for subcontracts;
(g) In all subcontracts that offer further subcontracting
opportunities, assurances that the prime contract will include a
statement, approved by the contracting officer, that the
subcontractor will adopt a subcontracting plan similar to the
subcontracting plan required by the contract;
(h) Assurances that the prime contractor will cooperate in any
studies or surveys that may be required by the contracting officer,
and submit periodic reports, as requested by the contracting
officer, to allow the District to determine the extent of compliance
by the prime contractor with the subcontracting plan;
(i) List the type of records the prime contractor will maintain to
demonstrate procedures adopted to comply with the requirements set
forth in the subcontracting plan, and include assurances that the
prime contractor will make such records available for review upon
the District's request; and
(j) A description of the prime contractor's recent efforts to locate
LBEs, DBEs, and businesses located in an enterprise zone and to
award subcontracts to them.
L.7 Restriction On Disclosure and Use of Data.
Offerors who include in their proposals data that they do not want
disclosed to the public or used by the District Government except for use
in the procurement process shall so state in their proposal
L.8 Retention of Proposals
All proposal documents shall be the property of the District and retained
by the District, and therefore will not be returned to the offerors.
L.9 Examination of Solicitation.
Offerors are expected to examine all instructions and attachments in this
solicitation and any modifications thereto. Failure to do so will be at
the offeror's risk.
L.10 Acknowledgment of Amendments.
Offerors shall acknowledge receipt of any amendment to this solicitation
by (a) annotating block 10 of the form at Page 1 and returning a copy of
it; or (b) by identifying the amendment number and date in the proposal;
or (c) by letter to the Contracting Officer. The District must receive the
acknowledgment by the date and time specified for receipt of offers.
Offeror's failure to acknowledge an amendment may result in rejection of
the offer.
L.11 Right to Reject Proposals
The District reserves the right to reject, in whole or in part, any and
all proposals received as the result of this RFP.
L.12 Proposal Preparation Costs
Each offeror shall bear all costs it incurs in providing responses to this
RFP and for providing any additional information required by the District
to facilitate the evaluation process. The successful offeror shall also
bear all costs incurred in conjunction with contract development and
negotiation.
L.13 Quality
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Unless otherwise specified, all materials used for the manufacture or
construction of any supplies covered by this bid proposal, shall be new
and of the best quality and the workmanship will be of the highest grade.
L.14 Brand Name or Equal
If in the descriptions of supplies in The Schedule, the words "...or
equal" are used for any one or more line items, then the use of the name
of a manufacturer or of any special brand or make in describing any item
in this bid/proposal does not restrict bidders or offerors so that
manufacturer, or specific brand or make; the reference thereto indicates
the character or quality of article desired, but articles on which bids/in
proposals which are based and submitted must be equal to those referred
to. Offerors offering any article other than the specific make, brand or
manufacture named in this solicitation must so state in each instance what
the equal brand, make and model are being proposed, otherwise their
proposals will be considered as being based upon furnishing the specific
make, brand or manufacturer's product named in the Schedule.
L.15 Protests
Protests in connection with this solicitation or award of contract shall
be handled pursuant to District rules and regulations. The protest shall
be filed in writing, within ten (10) working days after the basis of the
protest is known or should have been known, with the Office of the Chief
Financial Officer (ATTN: Procurement), Suite 410S, One Judiciary square,
44th St. NW, Washington DC 20001.
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PART V-SECTION M
EVALUATION FACTORS FOR AWARD
M.1 Evaluation For Award.
The contract(s) shall be awarded to the responsible offeror(s) whose
offer(s) is/are most advantageous to the District, based upon the
evaluation criteria specified below. Thus, while the points in the
evaluation criteria indicate their relative importance, the total scores
will not necessarily be determinative of award. Rather, the total scores
will guide the District in making an intelligent award decision based upon
the evaluation criteria. The District reserves the right to reject any or
all proposals determined to be inadequate or unacceptable. The District
also reserves the right to request oral presentations from those firms
determined to be in the competitive range and shall use information
derived from these oral presentations, if any, in its evaluation.
M.2 Evaluation Criteria.
The District will evaluate proposals on the basis of the following
evaluation factors:
1. Experience and Capability of the Firm 25 points
Breadth and depth of experience of the firm in performing the same
or similar services.
2. Quality and Depth of Experience and Knowledge of Personnel 20 points
(a) Experience of the individuals in the firm who will be assigned
to the contract including those individuals who will have
responsibility for the training and instructions to be provided
under this contract.
(b) Expertise of the individuals who will be assigned to the
contract related to the installation services to be provided.
3. Technical Approach and Work Plan 30 points
Demonstration of clear understanding of the supplies and services
required by the District and the soundness of the firm's proposed
approach and implementation procedures.
4. Price 25 points
The District will evaluate this factor based on the calculation of
the expected overall cost to the Taxpayer given each proposer's
proposed price.
-------------
Total 100 points
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M-3. Preferences for Local Businesses, Disadvantaged Businesses, or Businesses
Operating in an Enterprise Zone. Under the provisions of D.C. Law 9-217, "Equal
Opportunity for Local, Small and Disadvantaged Business Enterprises Act of 1992"
("Act"), the District shall apply preferences in evaluating proposals from
businesses that are local, disadvantaged or located in an enterprise zone of the
District of Columbia. See Part IV - Section K for certifications required of
offerors wishing to qualify for these preferences.
For evaluation purposes, the allowable preferences under the Act for this
procurement are as follows:
(i) The addition of the equivalent of five points on a 100-point scale
for a local business enterprise ("LBE") certified by the Minority
Business Opportunity Commission ("MBOC");
(ii) The addition of the equivalent of five points on a 100-point scale
for a disadvantaged business enterprise ("DBE") certified by the
MBOC;
(iii) The addition of the equivalent of two points on a 100-point scale
for a business located in an enterprise zone, as defined in
subsection 3(8) of the Act and in 27 DCMR 899, 39 DCR 9087-9088
(December 4, 1992);
(iv) The addition of the equivalent of five (5) points on a 100-point
scale added to the overall score for proposals submitted by the LBE
in response to a Request for Proposals "RFP") by any prime
contractor that is an LBE certified by the MBOC;
(v) The addition of the equivalent of five (5) points on a 100-point
scale added to the overall score for proposals submitted in response
to an RFP by any prime contractor that is a DBE certified by the
MBOC;
(vi) The addition of the equivalent of two (2) points on a 100-point
scale added to the overall score for proposals submitted in response
to an RFP by any prime contractor that is a business enterprise
located in an enterprise zone.
(vii) Preferences for Subcontracting in Open Market Solicitations With No
LBE or DBE Subcontracting Set-Aside. The preferences for
subcontracting in open market solicitations where there is no LBE or
DBE subcontracting set-aside are as follows:
(a) If the prime contractor is not a certified LBE, certified DBE,
or a business located in an enterprise zone, the District shall
award the above-stated preferences by increasing the points
proportionally based on the total dollar value of the proposal that
is designated by the prime contractor for subcontracting with an
LBE, DBE, or business located in an enterprise zone.
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(b) If the prime contractor is a joint venture that is not a
certified LBE or DBE joint venture, or if the prime contractor is a
joint venture that includes a business located in an enterprise zone
but such business located in an enterprise zone does not own and
control at least 51% of the joint venture, the District shall award
the above-stated preferences by increasing the points proportionally
based on the total dollar value of the proposal that is designated
by the prime contractor for a certified LBE, certified DBE, or
business located in an enterprise zone through participation in the
joint venture.
(viii) Joint Ventures. Preferences For Certified Joint Ventures which
Include Local or Disadvantaged Businesses and Preferences for Joint
Ventures Including Businesses Located in an Enterprise Zone.
(a) When an MBOC-certified joint venture includes a local or
disadvantaged business enterprise, and the local or disadvantaged
business owns and controls at least fifty-one percent (51%) of the
venture, the joint venture will receive the preferences as if it
were a certified local or disadvantaged business enterprise.
(b) When a joint venture includes a business located in an
enterprise zone, and such business located in an enterprise zone
owns and controls at least fifty-one percent (51%) of the venture,
the joint venture will receive the preference as if it were a
business located in an enterprise zone.
(ix) Subcontracting. Local, Small and Disadvantaged Business Enterprise
Subcontracting. When a prime contractor is certified by the MBOC as
a local, small or disadvantaged business, the prime contractor shall
perform at least fifty percent (50%) of the contracting effort,
excluding the cost of materials, goods and supplies, with its own
organization and resources, and if it subcontracts, fifty percent
(50%) of the subcontracting effort, excluding the cost of materials,
goods and supplies, shall be with certified local, small and
disadvantaged business enterprises, unless a waiver is granted by
the Contracting Officer, with the prior approval and consent of the
Director of the Department of Human Rights and Minority Business
Development, under the provisions of 27 DCMR 805, 39 DCR 9059-9061
(December 4, 1992).
(x) Maximum Preference Points: The maximum total preference points under
the Act for this procurement are the equivalent of twelve (12)
points on a 100-point scale for proposals submitted in response to
an RFP.
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ATT 1
SCHEDULE OF FEES AND CHARGES
A. The Contractor/Concessionaire is authorized to charge to taxpayers the
following maximum amounts for tax payments made by credit card and debit
card:
(Offerors to complete with proposed fee schedule)
(Will be incorporated as contractually binding upon award)
B. Changes.
Post-award changes in the Schedule of Fees and Charges in this attachment,
which may be agreed upon between the Concessionaire and the Contracting
Officer from time to time, are hereby hereby considered as modifications
to this contract and are herewith incorporated into this contract by this
reference.
This particular copy of this document may not have the latest Schedule of
Fees and Charges attached to it. See Para G.2 for the address and phone
number of the Contracting Officer for the latest modification.
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ATT2
(Incorporated by Reference)
DC Electronic Payment Manual
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Attachment 2
Electronics Payment Manual (may not be attached to this copy)