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DCPL 2010 R 0009 Main Solicitation

DCPL 2010 R 0009 Main Solicitation

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DC Public Library business opportunity: Architectural and engineering services for various projects at the Martin Luther King Jr. Library and other DCPL branch libraries.
DC Public Library business opportunity: Architectural and engineering services for various projects at the Martin Luther King Jr. Library and other DCPL branch libraries.

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SOLICITATION NO.

DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries PART I THE SCHEDULE SECTION B – SUPPLIES OR SERVICES AND PRICE/COST

B.1

Introduction: The District of Columbia Public Library is requesting Technical Proposals from Architect and Engineer (A/E) firms to provide on-call design services for various projects at the MLK Library and other DCPL branch libraries as may be required. This solicitation is to establish an Indefinite Delivery/ Indefinite Quantity (ID/IQ) contract for Architect and Engineer services. This work shall be accomplished in the manner and within the time specified in an individual Task Order (TO) and in accordance with the scope of work.

B.2

RFP OPEN MARKET SOLICITATIONS (SUPPLIES & SERVICES) If an offeror intends to subcontract under this solicitation, it must subcontract at least 35% of the dollar volume of this contract in accordance with the provisions of section M.1.1. The prime contractor responding to this solicitation shall be required to submit with its proposal, a notarized statement detailing its subcontracting plan. Proposals responding to this RFP shall be deemed nonresponsive and shall be rejected if the bidder intends to subcontract in accordance with the provisions of section M.1.1, but fails to submit a subcontracting plan with its proposal.

B.2.1 Preferences for Certified Business Enterprises Under the provisions of the “Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005”, as amended, D.C. Official Code § 2-218.01 et seq. (the Act), the District shall apply preferences in evaluating proposals from businesses that are small, local, disadvantaged, resident-owned, longtime resident, or local with a principal office located in an enterprise zone of the District of Columbia. B.3 INDEFINITE DELIVERY/INDEFINITE QUANTITY (ID/IQ) This is an ID/IQ contract for Architect and Engineering Services and effective for the period stated. (Two (2) year contract with a Base Year and a One Year Option Period).

2

SOLICITATION NO. DCPL-2010-R-0009

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

a) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering Clause in Section G.8. The Contractor shall furnish to the District, when and if ordered, the supplies or services specified in the Schedule up to and including the maximum quantity (See Section B.4). The District will order at least the minimum quantity (See Section B.4). b) There is no limit on the number of orders that may be issued. The District may issue orders requiring delivery to multiple destinations or performance at multiple locations. c) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and District’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided that the contractor shall not be required to make any deliveries under this contract after the conclusion of the two years.

3

SOLICITATION NO. DCPL-2010-R-0009

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

B.4

Hourly Rates for Architect/Engineering Services

BASE YEAR
CLIN NO. EMPLOYEES NAME/TITLE MINIMUM NUMBER OF HOURS 10 10 HOURLY RATE MINIMUM TOTAL AMOUNT MAXIMUM NUMBER OF HOURS 40 45 HOURLY RATE MAXIMUM TOTAL AMOUNT

0001 0002

PRINCIPAL IN CHARGE DESIGN PRINCIPAL PROJECT ARCHITECT STAFF ARCHITECT SENIOR MECHANICAL ENGINEER MECHANICAL ENGINEER SENIOR ELECTRICAL ENGINEER ELECTRICAL ENGINEER SENIOR STRUCTURAL ENGINEER STRUCTURAL ENGINEER ACOUSTICAL CONSULTANT

0003

10

630

0004

10

630

0005

10

225

0006 0007

10 10

375 90

0008 0009

10 10

270 105

0010 0011

10 10

210 40

GRAND TOTAL

_________

___________

$_________

_________

___________

$____________

4

SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries B.4 Hourly Rates for Architect/Engineering Services

OPTION YEAR ONE
CLIN NO1 EMPLOYEES NAME/TITLE MINIMUM NUMBER OF HOURS 10 10 HOURLY RATE MINIMUM TOTAL AMOUNT MAXIMUM NUMBER OF HOURS 40 45 HOURLY RATE MAXIMUM TOTAL AMOUNT

1001 1002

PRINCIPAL IN CHARGE DESIGN PRINCIPAL PROJECT ARCHITECT STAFF ARCHITECT SENIOR MECHANICAL ENGINEER MECHANICAL ENGINEER SENIOR ELECTRICAL ENGINEER ELECTRICAL ENGINEER SENIOR STRUCTURAL ENGINEER STRUCTURAL ENGINEER ACOUSTICAL CONSULTANT

1003

10

630

1004

10

630

1005

10

225

1006 1007

10 10

375 90

1008 1009

10 10

270 105

1010 1011

10 10

210 40

GRAND TOTAL

_________

___________

$_________

_________

___________

$____________

5

SOLICITATION NO. DCPL-2010-R-0009

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

SECTION C: STATEMENT OF WORK C. BACKGROUND:

The Martin Luther King Jr. Memorial Library (the “MLK Library”) is one of the District of Columbia Public Library’s (“DCPL”) twenty three libraries and serves as the District’s central library. It was designed by Ludwig Mies van der Rohe (“Mies”) who is regarded as one of the pioneers of modern architecture. The MLK Library, a four-story steel and glass structure, is the only building designed by Mies that was constructed in the District, and notably the only public library that he designed. Completed in 1972 in the international style, the MLK Library consists of approximately 400,000 square feet of space and has great artistic and aesthetic value which contributes to the cultural and architectural heritage of the District of Columbia. The building’s artistry is defined by its harmonious relationships, its use of materials and its attention to detail. The building features a symmetrically arranged steel frame structure with glass curtain walls that fully express the minimalist Miesian ideal, further complemented by the spare built-in furnishings (circulation desk, information desk, shelving and card catalogs). In addition to the structural materials, a high level of attention was paid to the use of surface materials, including granite floors that extend from the interior of the building to the street curb on the exterior, and brick walls (originally specified as green marble). Details, such as recessed reveals, are carried out consistently throughout the building. The MLK Library has been designated as a historic landmark and has been listed on the National Register of Historic Places and the District of Columbia Inventory of Historic Sites since 2007. C.1 SCOPE OF WORK: Through this procurement, DCPL seeks to engage an architect/engineer (“A/E”) to provide on-call design services for various projects at the MLK Library and other DCPL branch libraries as may be required. The A/E selected through this procurement will be required to provide a full range of architectural and engineering services for the individual projects which DCPL may decided to implement. These projects will include tenant fit-out type work as well as selective upgrades to existing DCPL facilities. Design services associated with the whole-scale modernization of existing libraries or the construction of new libraries will be procured through separate procurements. DCPL anticipates that the on call projects covered by this procurement will take place on a rolling basis during the next two years.

6

SOLICITATION NO. DCPL-2010-R-0009

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

C.2

ANTICIPATED PROJECTS

At present, DCPL anticipates that projects at the MLK Library may include: o o o o o o o Business and Technology Division Renovation Addition of vegetative green roof Various HVAC improvements Reconfiguration of gallery space on A-Level Restoration of original furniture Interior and Exterior Paint Analysis – Painting of Exterior Reconfiguration of Great Hall

Given the variety of projects DCPL anticipates undertaking, the precise scope of services to be provided by the A/E will be determined by DCPL on a project-by-project basis, and the AE will be compensated for its services on a time and materials basis. Offerors are required to submit hourly rates for the personnel classifications listed in Section B.4 for Base Year and Option Year One. upon such compensation will be based. C.3 KEY PERSONNEL

In its proposal, each Offeror will be required to identify its key personnel. Key personnel shall include, at a minimum, the following individuals: (i) Principal in Charge; (ii) the Design Principal; (iii) the Project Manager(s) who would oversee these projects; (iv) the Project Architect(s) who would be assigned to these projects; (v) the lead mechanical and plumbing engineer; (vi) the lead electrical engineer; (vii) the lead structural engineer; and (viii) the lead individual in key specialty consultants such as acoustical consultant. The A/E will not be permitted to change any of the key personnel unless DCPL approves the proposed reassignment and the proposed replacement. C.4 LICENSING. ACCREDITATION AND REGISTRATION

The A/E and all of its subcontractors and subconsultants (regardless of tier) shall comply with all applicable District of Columbia, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of the contract. Without limiting the generality of the foregoing, all drawings shall be signed and sealed by a professional architect or engineer licensed in the District of Columbia. C.5 CONFORMANCE WITH LAWS

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

7

SOLICITATION NO. DCPL-2010-R-0009

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

SECTION D – PACKAGING AND MARKING D.1 PACKAGING AND MARKING: All packaging and marking shall be in accordance with the Standard Contract Provisions for Supplies and Services dated March 2007.

8

SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries SECTION E - INSPECTION AND ACCEPTANCE E.1 E.1.1 INSPECTION OF SUPPLIES AND SERVICE CLAUSE The inspection and acceptance requirements for the resultant contract will be governed by clause number six (6), Inspection of Supplies and clause number seven (7), Inspection of Services, of the Government of the District of Columbia’s Standard Contract Provisions for use with Supplies and Services Contracts, dated March 2007, Attachment. INSPECTION AND ACCEPTANCE The Contracting Officer Technical Representative (COTR) as identified in Section G of this contract is responsible for inspection and acceptance of all services/deliverables submitted under this contract. E.3 ACCEPTANCE CRITERIA Certification by the COTR of satisfactory services provided is contingent upon the Contractor performing in accordance with the terms and conditions of the contract and all modifications.

E.2

9

SOLICITATION NO. DCPL-2010-R-0009

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

SECTION F – DELIVERIES AND PERFORMANCE

F.1

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

F.2

TERM OF CONTRACT The term of the contract shall be for a period of one (1) year, from Date of Award as specified on page one (1) of the contract.

F.2.1 OPTION PERIOD F.2.2 The District may extend the term of this contract by exercising up to one (1) year, option periods. F.2.3 The total duration of this contract, including the exercise of any options under this clause, shall not exceed two years. F.2.4 OPTION TO EXTEND THE TERM OF THE CONTRACT The District may extend the term of this contract for one (1) year option periods, or a fraction thereof by written notice to the Contractor before the expiration of the contract; provided that the District shall give the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the District to an extension. The exercise of this option is subject to the availability of funds at the time of the exercise of this option. The Contractor may waive the thirty (30) day preliminary notice requirement by providing a written waiver to the Contracting Officer prior to expiration of the contract. If the District exercises this option, the extended contract shall be considered to include this option provision. The fixed unit price for the base year and option year one period shall be specified in the contract. F.3 FIRST SOURCE REQUIREMENT REPORTS

F.3.1 Any reports that are required pursuant to H.3.3 of the 51% District Residents New Hires Requirements and First Source Employment Agreement, are to be submitted to the District as a deliverable. If the report is not submitted as part of the deliverables, final payment to the Contractor will not be paid.
10

SOLICITATION NO. DCPL-2010-R-0009

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

SECTION G – CONTRACT ADMINISTRATION DATA G.1 G.1.1 CONTRACTING OFFICER Contracting Officer: The DCPL Contracting Officer who has the appropriate contracting authority is the only DCPL official authorized to contractually bind the DCPL through signing contract documents. All correspondence to the Agency Chief Contracting Officer shall be forwarded to: Mr. Wayne R. Minor Chief Procurement Officer District of Columbia Public Library Office of Procurement 901 G Street, N. W. Suite 434 Washington, D. C. 20001 Attn: Delorise P. Ragins G.1.2 G.1.2.1 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. The Contractor shall not comply with any order, directive or request that changes or modifies the requirements of this contract, unless issued in writing and signed by the Contracting Officer. In the event the Contractor effects any change at the instruction or request of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any cost increase incurred as a result thereof. AUTHORIZED REPRESENTATIVE(S) OF THE CONTRACTOR OFFICER COTR: The Contracting Officer's Technical Representative (COTR) is responsible for the general administration of the contract and advising the Contracting Officer as to the Contractor's compliance or noncompliance with the contract. In addition, the COTR is responsible for the day-to-day monitoring and supervision of the contract. The COTR shall be: Jeffry Bonvechio, Director Capital Construction
11

G.1.2.2

G.1.2.3

G.2

G2.1

SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries District of Columbia Public Library 901 G Street, NW, Room 401 Washington, D. C. 20001 Telephone Number: (202) 442-6070 G.2.2 It is understood and agreed that the COTR shall not have authority to make changes in the scope of work or terms and conditions of the contract. The resultant contractor is hereby forewarned that, absent the requisite authority of the COTR to make any such changes, contractor may be held fully responsible for any changes not authorized in advance, in writing, by the agency chief contracting officer, may be denied compensation or other relief for any additional work performed that is not so authorized, and may also be required, at no additional cost to the district, to take all corrective action necessitated by reason of the unauthorized changes. INVOICE PAYMENT The District will make payments to the Contractor, upon the submission of proper invoices or vouchers, at the prices stipulated in specific Task Order for services performed and accepted, less any discounts, allowances or adjustments provided for in the contract. The District will pay the Contractor on or before the 30th day after receiving a proper invoice from the Contractor. METHOD OF PAYMENT The Contractor shall be paid based on satisfactory performance at the rate and price stated in Section B. INVOICE SUBMITTAL The Contractor shall submit proper invoices on a monthly basis or as otherwise specified in the contract. Invoices shall be prepared in duplicate and submitted to the agency Chief Financial Officer (CFO) with concurrent copies to the Contracting Officer’s Technical Representative (COTR) as specified in G.2. The address of the CFO is: Budget and Finance D. C. Public Library Accounting Office 901 G Street, NW Room 441 Washington, DC 20001

G.2.3

G.3 G.3.1

G.3.2

G.4 G.4.1

G.5 G.5.1

12

SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries (202) 727-1198 G.5.2 To constitute a proper invoice, the following information shall be included: The contractor's name, Federal Tax ID, DUNS Number and invoice date; The contract number, block number two (2) and encumbrance number, Block Number twenty-one (21) of the Solicitation Cover Sheet; Task Order number, date of Task Order, and copy of the Task Order: Other supporting documentation or information, as required by the Contracting Officer; Name, title, phone number, and complete mailing address of official to whom payment is to be sent; Name, title, phone number of person preparing invoice; Name, title, phone number and mailing address of person (if different from the Person identified in (G.5.3.6) above to be notified in the event of a defective invoice); Encumbrance number (Changes with each order, 4 to 6 digits); and Authorized signature. Inquiries relative to payments shall be directed to the Accounting Office. The Contractor shall submit final invoices no later than thirty days (30) after expiration of the contract. The District shall not be obligated to pay for any services which are not in compliance with the terms and conditions of this contract. FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT For contracts subject to the 51% District Residents New Hires Requirements and First Source Employment Agreement, final request for payment must be accompanied by the report or a waiver of compliance discussed in H.3.7 No final payment shall be made to the Contractor until the CFO has received the CO’s final determination or approval of waiver of the
13

G.5.3.1 G.5.3.2

G.5.3.3 G.5.3.4

G.5.3.5

responsible

G.5.3.6 G.5.3.7

G.5.3.5 G.5.3.6 G.5.3 G.5.4

G.5.5

G.6

G.6.1

G.6.2

SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries Contractor’s compliance with 51% District Residents New Hires Requirements and First Source Employment Agreement. G.7. G.7.1 ASSIGNMENTS In accordance with 27 DCMR 3250, unless otherwise prohibited by this contract, the Contractor may assign monies due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution. Any assignment shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party. Notwithstanding an assignment of money claims pursuant to authority contained in this contract, the Contractor, not the assignee, is required to prepare invoices. Where such an assignment has been made, the original copy of the invoice must refer to the assignment and must show that payment of the invoice is to made directly to the assignee as follows: Pursuant to the instrument of assignment dated _____________________, Make payment of this invoice to ___________________________ (name and address of assignee). ORDERING CLAUSE /TASK ORDER PROCEDURES FOR INDEFINITE DELIVERY/INDEFINITE QUANTITY (ID/IQ) A. Any services to be performed under this contract shall be ordered by issuance of task orders by the Contracting Officer. All Task Orders are subject to the terms and conditions of this contract. In the event of a conflict between a Task Order and this contract, the contract shall control.

G.7.2

G.7.3

. G.8

14

SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries PART II SECTION I - CONTRACT CLAUSES H.1 PUBLICITY The Contractor shall at all times obtain the prior written approval from the Chief Procurement Officer before it, any of its officers, agents, employees or subcontractors, either during or after expiration or termination of the contract, make any statement, or issue any material, for publication through any medium of communication, bearing on the work performed or data collected under this contract. H.2 FREEDOM OF INFORMATION ACT The District of Columbia Freedom of Information Act, at D.C. Official Code § 2532 (a-3), requires the District to make available for inspection and copying any record produced or collected pursuant to a District contract with a private contractor to perform a public function, to the same extent as if the record were maintained by the agency on whose behalf the contract is made. If the Contractor receives a request for such information, the Contractor shall immediately send the request to the COTR designated in subsection G.9 who will provide the request to the FOIA Officer for the agency with programmatic responsibility in accordance with the D.C. Freedom of Information Act. If the agency with programmatic responsibility receives a request for a record maintained by the Contractor pursuant to the contract, the COTR will forward a copy to the Contractor. In either event, the Contractor is required by law to provide all responsive records to the COTR within the timeframe designated by the COTR. The FOIA Officer for the agency with programmatic responsibility will determine the releasability of the records. The District will reimburse the Contractor for the costs of searching and copying the records in accordance with D.C. Official Code § 2-532 and Chapter 4 of Title 1 of the D.C. Municipal Regulations. H.3 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE EMPLOYMENT AGREEMENT

H.3.1 The Contractor shall comply with the First Source Employment Agreement Act of 1984, as amended, D.C. Official Code, § 2-219.01 et seq. (“First Source Act”). H.3.2 The Contractor shall enter into and maintain, during the term of the contract, a First Source Employment Agreement in which the Contractor shall agree that: The first source for finding employees to fill all jobs created in order to perform this contract shall be the Department of Employment Services (“DOES”); and

15

SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries The first source for finding employees to fill any vacancy occurring in all jobs covered by the First Source Employment Agreement shall be the First Source Register. H.3.3 The Contractor shall submit to DOES, no later than the 10th each month following execution of the contract, a First Source Agreement Contract Compliance Report (“contract compliance report”) verifying its compliance with the First Source Agreement for the preceding month. The contract compliance report for the contract shall include the: (1) Number of employees needed; (2) Number of current employees transferred; Number of new job openings created; Number of job openings listed with DOES; Total number of all District residents hired for the reporting period and the cumulative total number of District residents hired; and Total number of all employees hired for the reporting period and the cumulative total number of employees hired, including: (a) Name; (b) Social Security number; (c) Job title; (d) Hire date; (e) Residence; and (f) Referral source for all new hires. H.3.4 If the contract amount is equal to or greater than $100,000, the Contractor agrees that 51% of the new employees hired for the contract shall be District residents. H.3.5 With the submission of the Contractor’s final request for payment from the District, the Contractor shall: (1) Document in a report to the Contracting Officer its compliance with the section H.3.4 of this clause; or (2) Submit a request to the Contracting Officer for a waiver of compliance with section H.3.4 and include the following documentation: (a) Material supporting a good faith effort to comply; (b) Referrals provided by DOES and other referral sources; Advertisement of job openings listed with DOES and other referral sources; and Any documentation supporting the waiver request pursuant to section H.3.6. H.3.6 The Contracting Officer may waive the provisions of section H.3.4 if the Contracting Officer finds that:

16

SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries (1) A good faith effort to comply is demonstrated by the Contractor; The Contractor is located outside the Washington Standard Metropolitan Statistical Area and none of the contract work is performed inside the Washington Standard Metropolitan Statistical Area which includes the District of Columbia; the Virginia Cities of Alexandria, Falls Church, Manassas, Manassas Park, Fairfax, and Fredericksburg, the Virginia Counties of Fairfax, Arlington, Prince William, Loudoun, Stafford, Clarke, Warren, Fauquier, Culpeper, Spotsylvania, and King George; the Maryland Counties of Montgomery, Prince Georges, Charles, Frederick, and Calvert; and the West Virginia Counties of Berkeley and Jefferson. The Contractor enters into a special workforce development training or placement arrangement with DOES; or DOES certifies that there are insufficient numbers of District residents in the labor market possessing the skills required by the positions created as a result of the contract. H.3.7 Upon receipt of the contractor’s final payment request and related documentation pursuant to sections H.3.5 and H.3.6, the Contracting Officer shall determine whether the Contractor is in compliance with section H.3.4 or whether a waiver of compliance pursuant to section H.3.6 is justified. If the Contracting Officer determines that the Contractor is in compliance, or that a waiver of compliance is justified, the Contracting Officer shall, within two business days of making the determination forward a copy of the determination to the Agency Chief Financial Officer and the COTR. H.3.8 Willful breach of the First Source Employment Agreement, or failure to submit the report pursuant to section H.3.5, or deliberate submission of falsified data, may be enforced by the Contracting Officer through imposition of penalties, including monetary fines of 5% of the total amount of the direct and indirect labor costs of the contract. The Contractor shall make payment to DOES. The Contractor may appeal to the D.C. Contract Appeals Board as provided in the contract any decision of the Contracting Officer pursuant to this section H.3.8. H.3.9 The provisions of sections H.3.4 through H.3.8 do not apply to nonprofit organizations. H.4 DEPARTMENT OF LABOR WAGE DETERMINATIONS The Contractor shall be bound by the Wage Determination No 2005-2103, Revision No. 8, dated May 26, 2009, issued by U.S. Department of Labor in accordance with the Service Contract Act of 1965, as amended (41 U.S.C. 351) and incorporated herein as attachment of this contract The Contractor shall be bound by the wage rates for the term of the contract.

17

SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries H.5 AUDITS, RECORDS, AND RECORD RETENTION H.5.1 At any time or times before final payment and three (3) years thereafter, the Contracting Officer may have the Contractor’s invoices or vouchers and statements of cost audited. For cost reimbursement contracts any payment may be reduced by amounts found by the Contracting Officer not to constitute allowable costs as adjusted for prior overpayment or underpayment. In the event that all payments have been made to the Contractor by the District Government and an overpayment is found, the Contractor shall reimburse the District for said overpayment within thirty (30) days after written notification. The Contractor shall establish and maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting principles and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the District under the contract that results from this solicitation. The Contractor shall retain all records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to the contract for a period of five (5) years after termination of the contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of the contract. The Contractor shall assure that these records shall be subject at all reasonable times to inspection, review, or audit by Federal, District, or other personnel duly authorized by the Contracting Officer. Persons duly authorized by the Contracting Officer shall have full access to and the right to examine any of the Contractor’s contract and related records and documents, regardless of the form in which kept, at all reasonable times for as long as records are retained. The Contractor shall include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments.

H.5.2

H.5.3

H.5.4

H.5.5

H.5.6

18

SOLICITATION NO. DCPL-2010-R-0009

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

SECTION I:
I.1

CONTRACT CLAUSES

APPLICABILITY OF STANDARD CONTRACT PROVISIONS The Standard Contract Provisions for use with District of Columbia Government Supplies and Services Contracts dated March 2007 (“SCP”), are incorporated as part of the contract resulting from this solicitation. To obtain a copy of the SCP go to www.ocp.dc.gov, click on OCP Policies under the heading “Information”, then click on “Standard Contract Provisions – Supplies and Services Contracts”.

I.2

CONTRACTS THAT CROSS FISCAL YEARS Continuation of this contract beyond the current fiscal year is contingent upon future fiscal appropriations.

I.3

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

I.4

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

I.5 I.5.1

RIGHTS IN DATA “Data,” as used herein, means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information. The term “Technical Data”, as used herein, means recorded information, regardless of form or characteristic, of a scientific or technical nature. It may, for example, document research, experimental, developmental or engineering work, or be usable or used to define a design or process or to procure, produce, support, maintain, or operate material. The data may be graphic or pictorial delineations in media such as drawings or photographs, text in specifications or related performance or design type documents or computer printouts. Examples of technical data include research and engineering data, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information, and computer
19

I.5.2

SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries software documentation. Technical data does not include computer software or financial, administrative, cost and pricing, and management data or other information incidental to contract administration. I.5.3 The term “Computer Software”, as used herein means computer programs and computer databases. “Computer Programs”, as used herein means a series of instructions or statements in a form acceptable to a computer, designed to cause the computer to execute an operation or operations. "Computer Programs" include operating systems, assemblers, compilers, interpreters, data management systems, utility programs, sort merge programs, and automated data processing equipment maintenance diagnostic programs, as well as applications programs such as payroll, inventory control and engineering analysis programs. Computer programs may be either machine-dependent or machine-independent, and may be general purpose in nature or designed to satisfy the requirements of a particular user. The term "computer databases", as used herein, means a collection of data in a form capable of being processed and operated on by a computer. All data first produced in the performance of this Contract shall be the sole property of the District. The Contractor hereby acknowledges that all data, including, without limitation, computer program codes, produced by 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 in 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 will have restricted rights in data, including computer software and all accompanying documentation, manuals and instructional materials, listed or described in a license or agreement made a part of this 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: Use the computer software and all accompanying documentation and manuals or instructional materials with the computer for which or with which it was

I.5.4

I.5.5

I.5.6

I.5.6.1

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SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries acquired, including use at any District installation to which the computer may be transferred by the District; I.5.6.2 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; Copy computer programs for safekeeping (archives) or backup purposes; and modify the 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. The restricted rights set forth in section I.5.6 are of no effect unless (i) the data is marked by the Contractor with the following legend:

I.5.6.3

I.5.7

RESTRICTED RIGHTS LEGEND Use, duplication, or disclosure is subject to restrictions stated in Contract No.______________________________________________ With _____________________________________(Contractor’s Name); and

(ii)

If the data is computer software, 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 the 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 of 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.

I.5.8

In addition to the rights granted in Section I.5.6 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 Section I.5.6 above, under any copyright owned by the Contractor, in any work of authorship prepared for or acquired by the District under this 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 this contract any works of authorship in which 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.

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SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries I.5.9 Whenever any data, including computer software, are to be obtained from a subcontractor under this contract, the Contractor shall use this clause, I.5, Rights in Data, 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. I.5.10 For all computer software furnished to the District with the rights specified in Section I.5.5, the Contractor shall furnish to the District, a copy of the source code with such rights of the scope specified in Section I.5.5. For all computer software furnished to the District with the restricted rights specified in Section I.5.6, the District, if the Contractor, either directly or through a successor or affiliate shall cease to provide the maintenance or warranty services 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. I.5.11 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 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 any data furnished under this contract, or based upon libelous or other unlawful matter contained in such data. I.5.12 Nothing contained in this clause shall imply a license to the District under any patent, or be construed as affecting the scope of any license or other right otherwise granted to the District under any patent. I.5.13 Paragraphs I.5.6, I.5.7, I.5.8, I.5.11 and I.5.12 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 material is identified by the Contractor at the time of delivery of such work I.6 OTHER CONTRACTORS The Contractor shall not commit or permit any act that will interfere with the performance of work by another District contractor or by any District employee.

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SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries I.7 SUBCONTRACTS The Contractor hereunder shall not subcontract any of the Contractor’s work or services to any subcontractor without the prior written consent of the Contracting Officer. Any work or service so subcontracted shall be performed pursuant to a subcontract agreement, which the District will have the right to review and approve prior to its execution by the Contractor. Any such subcontract shall specify that the Contractor and the subcontractor shall be subject to every provision of this contract. Notwithstanding any such subcontract approved by the District, the Contractor shall remain liable to the District for all Contractor's work and services required hereunder. I.8. INSURANCE I.8.1 The Contractor at its expense shall obtain the minimum insurance coverage set forth below within ten (10) calendar days after being called upon by the District to do so and keep such insurance in force throughout the contract award period. Public Liability and Property Damage Insurance: Insurance against liability for personal and bodily injury and property damage and machinery insurance in the amount of least $100,000.00 for each individual and $500,000.00 for each occurrence (liability) and $20,000.00 per occurrence for property damage. Worker’s 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. Employer’s Liability: The contractor shall carry employer’s liability of at least $100,000.00. Comprehensive Automobile Liability Insurance (applicable to owned, non-owned and hired vehicles): The contractor shall carry comprehensive automobile liability insurance applicable to owned, non-owned and hired vehicles used in performance of the contract against liability for bodily injury and property damage. Polices shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. All insurance provided by the Contractor as required by this section, except comprehensive automobile liability insurance, shall set for the District as an

I.8.2

I.8.3

I.8.4

I.8.5

I.8.6

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SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries additional insured. All insurance shall be written with responsible companies licensed by the District with a duplicate copy to be sent to the District. The policies of insurance shall provide for at least thirty- (30) days written notice to the District prior to their termination or material alteration. I.9 EQUAL EMPLOYMENT OPPORTUNITY In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order 85-85 dated June 10, 1985, the forms for completion of the Equal Employment Opportunity Information Report are incorporated herein . An award cannot be made to any offeror who has not satisfied the equal employment requirements. I.10 ORDER OF PRECEDENCE Any inconsistency in this solicitation shall be resolved by giving precedence in the following order: the , Specifications/Work Statement (Section C), the Special Contract Requirements (Section H), the Contract Clauses (Section I), and the SCP. I.11 CONTRACTS IN EXCESS OF ONE MILLION DOLLARS Any contract in excess of $l,000,000 shall not be binding or give rise to any claim or demand against the District until approved by the Council of the District of Columbia and signed by the Contracting Officer.

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SOLICITATION NO. DCPL-2010-R-0009

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

PART III SECTION J: LIST OF ATTACHMENTS

J.1. J.2. J.3. J.4. J.5

Martin Luther King Design Guidelines Tax Certification Affidavit First Source Employment Agreement Required Labor Contractor Provisions Wage Determination No.: 2005-2103, Revision No.: 8, Date of Revision: May 26, 2009 Certification of Eligibility Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction Payment to Subcontractor and Suppliers Certification Equal Opportunity Compliance

J.6. J.7.

J.8. J.9.

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SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries SECTION L L.1 EVALUATION AND AWARD CRITERIA

EVALUATION PROCESS

The DCPL shall evaluate submissions and any best and final offers in accordance with the provisions of this Section L and the applicable Procurement Regulations. L.2 EVALUATION COMMITTEE

Each submission shall be evaluated in accordance with this Section L by an Evaluation Committee. The Evaluation Committee shall prepare a written report summarizing its findings and submit the same to the source selection official. Based on the information submitted by the Offerors in response to this RFP and the report prepared by the Evaluation Committee, the source selection official shall select the Offeror(s) whose submissions are determined by the source selection official to be the most advantageous to the DCPL. L.3 ORAL PRESENTATION

DCPL intends to interview those Offerors that are in the competitive range; however, it reserves the right to award without interview Offerors if it determines that interviews are unnecessary given the contents of the written proposals. If DCPL conducts such interviews, each Offeror within the competitive range shall make an oral presentation to DCPL’s Evaluation Committee, and participate in a question and answer session. The purpose of the oral presentation and the question and answer session is to permit the Evaluation Committee to fully understand and assess the qualifications of each Offeror and the Offeror’s key personnel. The submission will be re-scored at the conclusion of the oral presentation. L.3.1 LENGTH OF ORAL PRESENTATION Each Offeror will be given up to 30 minutes to make the presentation. At the end of the initial presentation, there will be a break for approximately 15 minutes for the Evaluation Committee to assess the presentation and prepare questions. The Offeror will then respond to questions from DCPL’s Evaluation Committee for no more than 30 minutes. L.3.2 SCHEDULE The order of presentation will be selected randomly and the Offerors will be informed of their presentation date before the beginning of oral presentations. DCPL reserves the right to reschedule any Offeror’s presentation at the discretion of the contracting officer.

26

SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries L.3. OFFEROR ATTENDEES

The oral presentation will be made by the Offeror’s personnel who will be assigned the key jobs for this project. Each Offeror will be limited to 8 persons. The job functions of the persons attending the presentation will be considered to be an indication of the Offeror’s assessment of the key areas of responsibility that are deemed essential to the successful completion of the Project. L.3.4 TOPICS The Offeror may present information about its capabilities and special qualifications to serve as Design-Builder for this Project, including the qualifications of key personnel. L.4. PROPOSAL EVALUATION

Each proposal will be scored on a scale of 1 to 100 points. In addition, Offerors will be eligible to receive up to 12 preference points for participation by Local, Small or Disadvantaged Business Enterprises as described in the RFP. Thus, the maximum number of points possible is 112. The contract will be awarded to the Offeror with the highest evaluated score. L.4.1 EXPERIENCE & REFERENCES (30 Points) DCPL desires to engage an A/E with the experience necessary to realize the objectives set forth in this RFP. Offerors will be evaluated based on their demonstrated experience in: (i) the design of libraries and knowledge thereof; (ii) the design of projects and renovations of historic facilities in an urban setting, including experience and knowledge of Mies Van deRogh buildings; (iii) cost estimating and value engineering/management; and (iv) knowledge of the local regulatory agencies and Code Officials, specifically DC Historic Preservation Office. If the Offeror is a team or joint venture of multiple companies, the Evaluation Panel will consider the experience of each member of the team or joint venture in light of their role in the proposed team or joint venture. This element of the evaluation will be worth up to thirty (30) points. L.4.2 KEY PERSONNEL (25 Points) DCPL desires that the A/E assign to this project personnel who have necessary experience and professional credentials for the role each such individual is assigned. The availability and experience of the key individuals assigned to this project will be evaluated as part of this element. This element of the evaluation will be worth up to twenty five (25) points.

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SOLICITATION NO. DCPL-2010-R-0009

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

L.4.3 COST (25 Points) Offerors will be required to submit hourly rates for the personnel classifications set forth in section B.4 This element of the evaluation will be worth up to twenty five (25) points L.4.4 MANAGEMENT PLAN (10 Points) Offerors are required to submit a design Management Plan. The Design Management Plan should clearly explain how the A/E intends to manage and implement projects. Among other things, it should explain: (i) how the A/E manage the intake a staff assignment process as projects are assigned to it; (ii) the initial consultation and scoping process that the A/E will go through with regard to each such project; (iii) how the A/E will manage the design process, including the manner in which it will manage the necessary engineering subconsultants so as to ensure that the drawings are properly coordinated; (iv) how the A/E will manage the value engineering/management process; and (v) how the A/E proposes to staff and handle construction administration and interact with a builder engaged to implement the design. This element of the evaluation will be worth up to ten (10) points. L.4.5 LSDBE COMPLIANCE/UTILIZATION (10 Points) DCPL desires the selected A/E to provide the maximum level of participation for Local, Small and Disadvantaged Business Enterprises as well as employment opportunities for District of Columbia residents. Offerors will be evaluated in light of their demonstrated experience in meeting such goals and their proposed LSDBE Utilization Plan. This factor of the evaluation will be worth up to ten (10) points. L.5. PROPOSAL FORM

Each Offeror should structure its proposal so as to include the following information: The proposal shall not exceed 30 pages or 60 printed surfaces, excluding front and back covers. No fold-outs. L.5.1 EXECUTIVE SUMMARY Each Offer should provide a summary of no more than three pages of the information contained in the following sections. L.5.2 GENERAL TEAM INFORMATION AND FIRM(S) DATA Each Offeror should provide the following information for the principal A/E firm and each of its subconsultants.

28

SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries A. B. Name(s), address(es), and role(s) of each firm (including all sub-consultants) Firm profile(s), including: i. ii. iii. iv. v. C. Age Firm history(ies) Firm size(s) Areas of specialty/concentration Current firm workload(s) projected over the next two years

Description of the team organization and personal qualifications of key staff, including: i. ii. Identification of the single point of contact for the A/E. Organizational chart illustrating reporting lines and names and titles for key participants proposed by the team. Resumes for each key participant on the team, including definition of that person’s role, relevant project experience, and current workload over the next two years.

iii.

L.5.3 RELEVANT EXPERIENCE AND CAPABILITIES A. List all projects that the team members have worked on in the last 5 years that are similar to this project. For purposes of this paragraph, similar shall mean historic renovation projects involving public buildings where the total project budget exceeded $2,000,000. This information may be provided in an overview matrix format or brief list; however, it should include the name and location of the facility, the name of the owner, the time frame of the project, the original budget for the project, and whether the project was delivered on-time and on-budget. If a project was not delivered on-time or on budget, a brief description of the reasons should be provided. Detailed descriptions of no more than eight (8) projects that best illustrate the A/E’s experience and capabilities relevant to this project. On each project description, please provide all of the following information in consistent order: Project name and location
29

B.

i.

SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries ii. iii. Name, address, contact person and telephone number for owner reference Brief project description including project cost, square footage, firm’s scope of work, and key firm strengths exhibited Identification of personnel involved in the selected project who are proposed to work on this project Project process and schedule data including construction delivery method, and construction completion date (any unusual events or occurrences that affected the schedule should be explained) Construction cost data including pre-construction budget, and actual construction cost (if actual construction cost exceeds original, please explain why)

iv.

v.

vi.

L.5.4 MANAGEMENT PLAN Each Offeror should submit the management plan contemplated in Section L.4.3 of this RFP. L.5.5 COST INFORMATION The Offeror should submit the Bid Form in substantially the form of Section B.4

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SOLICITATION NO. DCPL-2010-R-0009

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

RFP OPEN MARKET SOLICITATIONS (SUPPLIES & SERVICES) M. If an offeror intends to subcontract under this solicitation, it must subcontract at least 35% of the dollar volume of this contract in accordance with the provisions of section M.1.1. The prime contractor responding to this solicitation shall be required to submit with its proposal, a notarized statement detailing its subcontracting plan. Proposals responding to this RFP shall be deemed nonresponsive and shall be rejected if the bidder intends to subcontract in accordance with the provisions of section M.1.1, but fails to submit a subcontracting plan with its proposal.

M.1. Preferences for Certified Business Enterprises Under the provisions of the “Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005”, as amended, D.C. Official Code § 2-218.01 et seq. (the Act), the District shall apply preferences in evaluating proposals from businesses that are small, local, disadvantaged, resident-owned, longtime resident, or local with a principal office located in an enterprise zone of the District of Columbia. M.1.1 Subcontracting Requirements If the prime contractor subcontracts any portion of the work under this contract, the prime contractor shall meet the following subcontracting requirements: M.1.1.1 At least 35% of the dollar volume shall be subcontracted to certified small business enterprises; provided, however, that the costs of materials, goods and supplies shall not be counted towards the 35% subcontracting requirement unless such materials, goods and supplies are purchased from certified small business enterprises; or If there are insufficient qualified small business enterprises to completely fulfill the requirement of paragraph M.1.1.1, then the subcontracting may be satisfied by subcontracting 35% of the dollar volume to any certified business enterprises; provided, however, that all reasonable efforts shall be made to ensure that qualified small business enterprises are significant participants in the overall subcontracting work.

M.1.1.2

M.1.2 Application of Preferences For evaluation purposes, the allowable preferences under the Act for this procurement shall be applicable to prime contractors as follows:
31

SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries M.1.2.1 Any prime contractor that is a small business enterprise (SBE) certified by the Department of Small and Local Business Development (DSLBD) will receive the addition of three points on a 100-point scale added to the overall score for proposals submitted by the SBE in response to this Request for Proposals (RFP). Any prime contractor that is a resident-owned business (ROB) certified by DSLBD will receive the addition of five points on a 100-point scale added to the overall score for proposals submitted by the ROB in response to this RFP. Any prime contractor that is a longtime resident business (LRB) certified by DSLBD will receive the addition of ten points on a 100-point scale added to the overall score for proposals submitted by the LRB in response to this RFP. Any prime contractor that is a local business enterprise (LBE) certified by DSLBD will receive the addition of two points on a 100-point scale added to the overall score for proposals submitted by the LBE in response to this RFP. Any prime contractor that is a local business enterprise with its principal offices locates in an enterprise zone (DZE) certified by DSLBD will receive the addition of two points on a 100-point scale added to the overall score for proposals submitted by the DZE in response to this RFP. Any prime contractor that is a disadvantaged business enterprise (DBE) certified by DSLBD will receive the addition of two points on a 100point scale added to the overall score for proposals submitted by the DBE in response to this RFP.

M.1.2.2

M.1.2.3

M.1.2.4

M.1.2.5

M.1.2.6

M.1.3 Maximum Preference Awarded Notwithstanding the availability of the preceding preferences, the maximum total preference to which a certified business enterprise is entitled under the Act for this procurement is the equivalent of twelve (12) points on a 100-point scale for proposals submitted in response to this RFP. There will be no preference awarded for subcontracting by the prime contractor with certified business enterprises. M.1.4 Preferences for Certified Joint Ventures When DSLBD certifies a joint venture, the certified joint venture will receive preferences as a prime contractor for categories in which the joint
32

SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries venture and the certified joint venture partner are certified, subject to the maximum preference limitation set forth in the preceding paragraph. M.1.5 Vendor Submission for Preferences M.1.5.1 Any vendor seeking to receive preferences on this solicitation must submit at the time of, and as part of its proposal, the following documentation, as applicable to the preference being sought: Evidence of the vendor’s or joint venture’s certification by DSLBD as an SBE, LBE, DBE, DZE, LRB or ROB, to include a copy of all relevant letters of certification from DSLBD; or Evidence of the vendor’s or joint venture’s provisional certification by DSLBD as an SBE, LBE, DBE, DZE, LRB or ROB, to include a copy of the provisional certification from DSLBD. Any vendor seeking certification or provisional certification in order to receive preferences under this solicitation should contact the: Department of Small and Local Business Development ATTN: CBE Certification Program 441 Fourth Street, NW, Suite 970N Washington DC 20001 M.1.5.3 All vendors are encouraged to contact DSLBD at (202) 727-3900 if additional information is required on certification procedures and requirements.

M.1.5.1.1

M.1.5.1.2

M.1.5.2

M.1.6 Subcontracting Plan If the prime contractor intends to subcontract under this contract, it must subcontract at least 35% of the dollar volume of this contract in accordance with the provisions of section M.1.1. The prime contractor responding to this solicitation which intends to subcontract shall be required to submit with its proposal, a notarized statement detailing its subcontracting plan. Proposals responding to this RFP shall be deemed nonresponsive and shall be rejected if the offeror intends to subcontract in accordance with the provisions of section M.1.1, but fails to submit a subcontracting plan with its proposal. Once the plan is approved by the contracting officer, changes to the plan will only occur with the prior written approval of the contracting officer and the Director of DSLBD. Each subcontracting plan shall include the following: M.1.6.1 A description of the goods and services to be provided by SBEs or, if insufficient qualified SBEs are available, by any certified business enterprises;
33

SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries M.1.6.2 A statement of the dollar value of the proposal that pertains to the subcontracts to be performed by the SBEs or, if insufficient qualified SBEs are available, by any certified business enterprises; The names and addresses of all proposed subcontractors who are SBEs or, if insufficient SBEs are available, who are certified business enterprises; 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; A description of the efforts the prime contractor will make to ensure that SBEs, or, if insufficient SBEs are available, that certified business enterprises will have an equitable opportunity to compete for subcontracts; In all subcontracts that offer further subcontracting opportunities, assurances that the prime contractor 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; 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; A list of the type of records the prime contractor will maintain to demonstrate procedures adopted to comply with the requirements set forth in the subcontracting plan, and assurances that the prime contractor will make such records available for review upon the District’s request; and A description of the prime contractor’s recent effort to locate SBEs or, if insufficient SBEs are available, certified business enterprises and to award subcontracts to them.

M.1.6.3

M.1.6.4

M.1.6.5

M.1.6.6

M.1.6.7

M.1.6.8

M.1.6.9

M.1.7 Compliance Reports By the 21st of every month following the execution of the contract, the prime contractor shall submit to the contracting officer and the Director of DSLBD a compliance report detailing the contractor’s compliance, for the preceding month, with the subcontracting requirements of the contract. The monthly compliance report shall include the following information:

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SOLICITATION NO. DCPL-2010-R-0009

Architectural and Engineering Services for Various Projects at the Martin Luther King Jr. Library and other DCPL Branch Libraries M.1.7.1 M.1.7.2 M.1.7.3 The dollar amount of the contract or procurement; A brief description of the goods procured or the services contracted for; The name and address of the business enterprise from which the goods were procured or services contracted; Whether the subcontractors to the contract are currently certified business enterprises; The dollar percentage of the contract or procurement awarded to SBEs, or if insufficient SBEs, to other certified business enterprises; A description of the activities the contractor engaged in, in order to achieve the subcontracting requirements set forth in section M.1.1; and A description of any changes to the activities the contractor intends to make by the next month to achieve the requirements set forth in section M.1.1.

M.1.7.4

M.1.7.5 M.1.7.6

M.1.7.7

M.1.8 Enforcement and Penalties for Breach of Subcontracting Plan M.1.8.1 If during the performance of this contract, the contractor fails to comply with the subcontracting plan submitted in accordance with the requirements of this contract, and as approved by the contracting officer and the Director of DSLBD, and the contracting officer determines the contractor’s failure to be a material breach of the contract, the contracting officer shall have cause to terminate the contract under the default clause of the Standard Contract Provisions. In addition, the willful breach by a contractor of a subcontracting plan for utilization of certified business enterprises in the performance of a contract, the failure to submit any required subcontracting plan monitoring or compliance report, or the deliberate submission of falsified data may be enforced by DSLBD through the imposition of penalties, including monetary fines of $15,000 or 5% of the total amount of the work that the contractor was to subcontract to certified business enterprises, whichever is greater, for each such breach, failure, or falsified submission.

M.1.8.2

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