MURIEL BOWSER MAYOR July 5, 2023 Honorable Phil Mendelson Chairman Council of the District of Columbia John A. Wilson Building 1350 Pennsylvania Avenue, NW, Suite 504 Washington, DC 20004 Dear Chairman Mendelson: Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1- 204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code§ 2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is Contract No. CW97797 with ABC Towing to provide emergency towing services. The proposed contract is in the not-to-exceed amount of$5,674,096 for the period of February 22, 2022 through March 30, 2022. My administration is available to discuss any questions you have regarding the proposed contract. In order to facilitate a response to any questions you may have, please have your staff contact Marc Scott, Chief Operating Officer for the Office of Contracting and Procurement, at (202) 724-8759. I look forward to the Council's favorable consideration of this contract. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 A BILL ~~~~,/:..- Chairman Phil Mendelson at the request of the Mayor IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To approve, on an emergency basis, emergency Contract No. CW97797 with ABC Towing, Inc., and Modification Nos. 1, 2, 3, 4, 5, 6 and 7 thereto, to provide standby towing services to support the District's response to the 2022 Trucker's Convoy and to authorize payment for the goods and services received under the contract and modifications. BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Emergency Contract No. CW97797 with ABC Towing, Inc. Approval and Payment Authorization Emergency Act of 2023". Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code§ 1-204.51), and notwithstanding the requirements of section 202 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code§ 2-352.02), the Council approves Contract No. CW97797 with ABC Towing, Inc., and Modification Nos. 1, 2, 3, 4, 5, 6 and 7 thereto, to provide standby towing services to support the District's response to the 2022 Trucker's Convoy, and authorizes payment in the not-to exceed amount of $5,633,600 for the goods and services received and under the contract and modifications. Sec. 3. Fiscal impact statement. 35 The Council adopts the fiscal impact statement of the Chief Financial Officer as 36 the fiscal impact statement required by section 4a of the General Legislative Procedures 37 Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code§ 1- 38 301.47a). 39 Sec. 4. Effective date. 40 This act shall take effect following approval by the Mayor ( or in the event of veto 41 by the Mayor, action by the Council to override the veto), and shall remain in effect for 42 no longer than 90 days, as provided for emergency acts of the Council of the District of 43 Columbia in Section 412(a) of the District of Columbia Home Rule Act, approved 44 December 24, 1973 (87 Stat. 788; D.C. Official Code§ 1-204.12(a)). 2 GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of Contracting and Procurement * * * - Pursuant to section 202(c-l) of the Procurement Practices Reform Act of 2010, as amended, D.C. Official Code§ 2-352.02(c-l), the following contract summary is provided: (A) Contract Number: Proposed Contractor: Contract Amount: COUNCIL CONTRACT SUMMARY (Retroactive Emergency) CW97797 ABC Towing, Inc. $5,674,096 Contract Modification M02 - Modification M03 - Modification M04 - Modification MOS - Modification M06 - Modification M07- $3,128,400 $633,600 $1,108,800 $475,200 $396,000 $237,600 $ 90,496 (interes t) Unit and Method of Compensation: Fixed unit rates Term of Contract: Type of Contract: Source Selection Method: February 22, 2022 -March 30, 2022 Contract - February 22, 2022 through March 13, 2022 Modification M02 - March 14, 2022 through March 17, 2022 Modification M03 - March 1 8, 2022 through March 24, 2022 Modification M04 - March 25, 2022 through March 27, 2022 Modification MOS - March 28, 2022 through Aprill, 2022 Modification M06 - revised e nd date to March 30, 2022 Labor Hour Emergency (B) For a contract containing option periods, the contract amount for the base period and for each option period. If the contract amount for one or more of the option periods differs from the amount for the base period, provide an explanation of the reason for the difference: Base Period Amount: $3,128,400 Partial Option Period One -First Extension Amount: $633,600 1 Explanation of difference from base period (if applicable): This extension was for a three-day period. Partial Option Period One-Second Extension Amount: $1,108,800 Explanation of difference from base period (if applicable): This extension was for a seven-day period. Partial Option Period One -Third Extension Amount: $475,200 Explanation of difference from base period (if applicable): This extension was for a two-day period. Partial Option Period One -Fourth Extension Amount: $396,000 Explanation of difference from base period (if applicable): This extension was for a five-day period with a reduction in the number of trucks. Partial Option Period One -Fifth Extension Amount: Explanation of difference from base period (if applicable): one day and reduced the contract term by two days. $237,600 This reduced the contract term by (C) The goods or services to be provided, the methods of delivering goods or services, and any significant program changes reflected in the proposed contract: DPW engaged the contractor to provide 24/7 towing services as part of a coordinated effort with other District and Federal agencies in response to the 2022 Trucker Convoy. The District received intelligence that the "People's Convoy" was in route to the city to disrupt the flow of traffic as a means of protest; their intent was to park tractor trailers, equaling 75 feet in length, and other large vehicles to the pivotal locations near the capital and other critical ingress and egress points of the to cause a complete traffic stoppage. To prevent this disruption, the District entered into the contract with the vendor to strategically place 12 heavy duty wrecker trucks at key entry and exit points throughout the city to thwart the intended blockade. If the convoy members attempted to abandon vehicles, those vehicles would be ticketed by a member of the District's parking enforcement unit and then the heavy-duty wreckers would then tow the vehicles to a secure location. The truckers were notified of the District intended response plan and found the District to be better positioned to respond than their previous target. By the end of the March, the protesters began to leave the area after their protests within the city limits were largely unsuccessful. The District gradually began to demobilize the emergency operation by reducing the number of trucks from 12 to six and eventually, ending the entire operation on March 30 th . (D) The selection process, including the number of offerors, the evaluation criteria, and the evaluation results, including price, technical or quality, and past performance components: This was awarded as an emergency procurement. The procurement staff reached out to nearly 40 vendors to determine if any had the capacity to fulfill the District's need within the required 2 timeframe. Of the vendor pool, several were CBE vendors and included on DPW's rotational tow list. There were two vendors who had capacity but were unwilling to provide services to the District. Only one of the remaining vendors, ABC Towing, Inc, had the resources to meet the need. (E) A description of any bid protest related to the award of the contract, including whether the protest was resolved through litigation, withdrawal of the protest by the protestor, or voluntary corrective action by the District. Include the identity of the protestor, the grounds alleged in the protest, and any deficiencies identified by the District as a result of the protest: There is no bid protest. (F) The background and qualifications of the proposed contractor, including its organization, financial stability, personnel, and performance on past or current government or private sector contracts with requirements similar to those of the proposed contract: ABC Towing has provided towing services for the District in the past; the vendor has provided satisfactorily on previous contracts for various District agencies. (G) The period of performance associated with the proposed change, including date as of which the proposed change is to be made effective: Contract - Modification M02 - Modification M03 - Modification M04 - Modification MOS - Modification M06 - February 22, 2022 through March 13, 2022 March 14, 2022 through March 17, 2022 March 18, 2022 through March 24, 2022 March 25, 2022 through March 27, 2022 March 28, 2022 through April I, 2022 revised contact end date to March 30, 2022 (H) The value of any work or services performed pursuant to a proposed change for which the Council has not provided approval, disaggregated by each proposed change if more than one proposed change has been aggregated for Council review: $5,674,096 (I) The aggregate dollar value of the proposed changes as compared with the amount of the contract as awarded: $5,674,096 (J) The date on which the contracting officer was notified of the proposed change: February 16, 2022 (K) The date on which the letter contract or emergency contract was executed: February 22, 2022 3 (L) The reason why the proposed change was sent to Council for approval after it is intended to take effect: There was not sufficient time to submit the action to Council for approval, prior to the start of the emergency event. (M) The reason for the proposed change: The District received intelligence that the "People's Convoy" was in route to the city to disrupt the flow of traffic as a means of protest. In order to respond and prevent this, the District entered into the contract with the vendor to strategically place heavy duty wrecker trucks throughout the city to thwart the intended blockade. (N) The legal, regulatory, or contractual authority for the proposed change: 27 DCMR 1702 (0) A summary of the subcontracting plan required under section 2346 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. ("Act"), including a certification that the subcontracting plan meets the minimum requirements of the Act and the dollar volume of the portion of the contract to be subcontracted, expressed both in total dollars and as a percentage of the total contract amount: There was no established subcontracting plan for this emergency contract. (P) Performance standards and the expected outcome of the proposed contract: The contractor was expected to provide emergency towing services, if needed, in response to the emergency operation. (Q) The amount and date of any expenditure of funds by the District pursuant to the contract prior to its submission to the Council for approval: Contract - $3,128,400 -February 22, 2022 Modification M02 - $633,600 -March 13, 2022 Modification M03 - $1,108,800 -March 17, 2022 Modification M04 - $475,200 -March 24, 2022 Modification MOS - $396,000 -March 25, 2022 Modification M06 - $237,600 -March 31, 2022 Modification M07- $ 90,496 -June 30, 2023 (R) The number of times the letter contract or emergency contract has been extended: Five 4 (S) A certification that the proposed contract is within the appropriated budget authority for the agency for the fiscal year and is consistent with the financial plan and budget adopted in accordance with D.C. Official Code§§ 47-392.01 and 47-392.02: The Agency Fiscal Officer certified that there was sufficient funding for the proposed contract. (T) A certification that the contract is legally sufficient, including whether the proposed contractor has any pending legal claims against the District: The contract has been determined to be legally sufficient. (U) A certification that Citywide Clean Hands database indicates that the proposed contractor is current with its District taxes. If the Citywide Clean Hands Database indicates that the proposed contractor is not current with its District taxes, either: (1) a certification that the contractor has worked out and is current with a payment schedule approved by the District; or (2) a certification that the contractor will be current with its District taxes after the District recovers any outstanding debt as provided under D.C. Official Code§ 2-353.0l(b): A certification, issued by the Citywide Clean Hands database, indicates that the proposed contractor is current with its District taxes. (V) A certification from the proposed contractor that it is current with its federal taxes, or has worked,out and is current with a payment schedule approved by the federal government: The contractor has certified that it is current with its federal taxes. (W) The status of the proposed contractor as a certified local, small, or disadvantaged business enterprise as defined in 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 vendor is not a CBE. (X) Other aspects of the proposed contract that the Chief Procurement Officer considers significant: None (Y) A statement indicating whether the proposed contractor is currently debarred from providing services or goods to the District or federal government, the dates of the debarment, and the reasons for debarment: The proposed contractor is not debarred or suspended according to the federal or District excluded parties lists. 5 (Z) Any determination and findings issued relating to the contract's formation, including any determination and findings made under D.C. Official Code § 2-352.05 (privatization contracts): Determination and Findings for Use of Emergency Procurement Determination and Findings for Contractor Responsibility Determination and Findings for Price Reasonableness (AA) Where the contract, and any amendments or modifications, if executed, will be made available online: www.ocp.dc.gov (BB) Where the original solicitation, and any amendments or modifications, will be made available online: Not applicable 6 * * * Government of the District of Columbia Office of the Chief Financial Officer Office of Tax and Revenue Date of Notice: May 12, 2023 ABC TOWING INC PO BOX 58132 WASHINGTON DC 20037-8132 1101 4 th Street, SW Washington, DC 20024 Notice Number: L0009606856 FEIN: **-***0873 Case ID: 1510990 CERTIFICATE OF CLEAN HANDS As reported in the Clean Hands system, the above referenced individual/entity has no outstanding liability with the District of Columbia Office of Tax and Revenue or the Department of Employment Services. As of the date above, the individual/entity has complied with DC Code § 4 7-2862, therefore this Certificate of Clean Hands is issued. TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES CHAPTER 28 GENERAL LICENSE SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT D.C. CODE§ 47-2862 (2006) § 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT Authorized By Melinda Jenkins Branch Chief, Collection and Enforcement Administration To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the "Validate a Certificate of Clean Hands" hyperlink under the Clean Hands section. 1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov QGOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF THE CHIEF FINANCIAL OFFICER * * * - FINANCIAL PLAN AND BUDGET CERTIFICATION CONTRACT NUMBER: CAPTION: CONTRACTOR NAME: CONTRACT CEILING AMOUNT: AVAILABLE AMOUNT: ORGANIZATION CODE: CW97797 Emergency Response for Heavy Duty Towing ABC Towing. $5,674,096 $5,674,096 POO I, Alemayehu Awas, Agency Financial Officer, hereby certify that the amount of $5,633,600 was available for the above referenced contract in FY22, and this amount was spent and obligated by the end of fiscal year 2022. OCP has an additional funding of $40,496 in its FY23 Local fund budget to cover the full cost of the contract. //~//~ Alemayehu Awas Agency Financial Officer Office of Contracting and Procurement 06-27-2023 Date GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of the Attorney General ATTORNEY GENERAL BRIAN L. SCHWALB Commercial Division Government Contract Section MEMORANDUM TO: Tommy Wells Director *** -- Office of Policy and Legislative Affairs FROM: Robert Schildkraut Section Chief DATE: June 30, 2023 SUBJECT: Approval of Retroactive Emergency Contract Action for Heavy Duty On Call Towing Services Contract Number: CW97797 Contractor: ABC Towing, Inc. Contract Amount: NTE $5,633,600.00 This is to Certify that this Office has reviewed the above-referenced Contract and that we have found it to be legally sufficient conditioned upon the Council Summary being updated to include Modification 7. Additionally, legal sufficiency is subject to the proviso that the process by which the Contract was entered into violated the requirements of DC Code § 2-352.02. (Criteria for Council review of multiyear contracts and contracts in excess of $1 million). Moreover, the public notice process was not followed after awarding this emergency contract. If you have any questions in this regard, please do not hesitate to call me at (202) 724-4018. P.P. ~,____-- Robert Schildkraut 400 6 th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400 , 1. Contract Number Paqe of PaQes AMENDMENT OF SOLICITATION/ MODIFICATION OF CONTRACT CW97797 1 11 2. AmendmenVModification Number 3 Ertective Date 4. ReQuisition/Purchase Request No. 5. Solicitation Caption M01 See Section 16C Emergency Towing Services 6. Issued by: Code I 7. Administered by (If other than line 6) Office of Contracting and Procurement Department of Public Works Transportation and Specially Equipment Commodity Group Safety and Security Administration 2000 14th Street. NW 6th Floor 2000 14 th Street NE Washington. DC 20009 Washington. DC 20002 -------·-· --·--------·-···-----···"··----------·---·-----------·--·-•·--··- --·-·~---·----·-·-···-----··-- 8. Name and Address of Contractor (No. street. city. county. state and zip code/ 9A. Amendment of Solicitation No ABC Towing 9B. Dated (See Item 11 i 2214 Channing Street NE Washington. DC 20018a 10A. Modification of Contractor/Order No. CW78044 10B. Dated (See Hem 13) Code I Facility I February 28. 2020 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS 0The above numbered solicitation ,s amended as set forth 1n item 14. The hour and date specified for recei pt of Offers [8'.I is extended. Dis not extended. Offers must acknowledge receipt of tl'lls amendment prior to the hour and date specified in the solicrtation or as amended. by one of the foltowmg methods 1a) By completing Items 8 and 15. and return,ng _ 1_ copies or the amendment: (bl By acknowledging recei pt of this amendmont on each copy of the offer submitted: or (c) BY separate letter or fax wh,ch includes a reference to the solic,tation and amendment numbef. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEI PT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER If by virlue of this amendment you desire to change an offer already submitled. such may be made by letter or fax. provided each letter or teleoram makes reference to the solicitation and this amendment. and ,s received orior to the ooenino hour and date soec,fied. 12. Accounting and Appropriation Data (II Required): 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTORS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14 A. This change order is issued pursuant to (Specify Authority ): The changes set forth in Item 14 are made in the contracVorder no. in item 10A. B. The above numbered contracuorder is modified to reflect the administrative changes (such as changes in paying office. appropnahon data etc,) set forth in item 14. oursuant to the authoritv of 27 DCMR. Chaoter 36, Section 3601.2. ' C. This supplemental agreement is entered into pursuant to authority of: :x I D. Other (Specify type of mOdificatlon and authority) 27 DCMR 2008 Exercise of an Option E. IMPORTANT: Contractor LJ is not [81 is required to sign this document and return .1 copies to the issuing office. 14. Description of Amendmen!/Modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible) I Contract CW97797 is hereby modified as follows: 1. The payment terms for the contract are revised to reflect weekly invoicing and payment. 2. Section G.1.2 is revised to read "The District will pay the Contractor on or before the 7 th day after receiving a proper invoice from the Contractor''. I I I I Exceot as orovided herein all tenns and conditions or the document referenced in item (9A or 10Ai remain unchanoed and in full force and effect. 15A. Name and Title of SiQner (Type or print) 16A, Name of Contractin~ Officer Richard Aburish ;4rtney B Lallimore General Manager cor;ractin'p Officer _ i f. 15B. Name of Contractor 15C. Date Signed ""I Oistri< !of ""'m I II 16C. Date Signed 1A 1 • I C, 'L-1.".!> -""22. f :·/l0~ -· ~~y ,ll~i • Ill. -- \. ~- .....(Signature of Contracting omcerj 1W1Ur r ,..-- J (S19naturef \. _, ',--..._ ___ AMENDMENT OF SOLICITATION/ MODIFICATION OF CONTRACT 1. Contract Number CW97797 Page of Pages 1 1 2. Amendment/Modification Number 3. Effective Date M02 March 14, 2022 4. Requisition/Purchase Request No. 5. Solicitation Caption Emergency Towing Services 6. Issued by: Code Office of Contracting and Procurement Transportation and Specialty Equipment Commodity Group 2000 14th Street, NW 6th Floor Washington, DC 20009 8. Name and Address of Contractor (No. street, city, county, state and zip code) ABC Towing 2214 Channing Street, NE Washington, DC 20018 7. Administered by (If other than line 6) Department of Public Works Safety and Security Administration 2000 14 th Street NW, 6 th Floor Washington, DC 20024 X 9A. Amendment of Solicitation No. 9B. Dated (See Item 11) 1 0A. Modification of Contractor/Order No. CW97797 10B. Dated (See Item 13) Code Facility February 22, 2022 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS 0The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers O is extended. Dis not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning 2 copies of the amendment: (b) By acknowledging receipt of t his amendment on each copy of the offer submitted; or (c) BY separate letter or fax which includes a reference to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such may be made by letter or fax, provided each letter or tele ram makes reference to the solicitation and this amendment, and is received rior to the o enin hour and dates ecified. 12. Accounting and Appropriation Data (If Required): 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTORS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14 A. This change order is issued pursuant to (Specify Authority): The changes set forth in Item 14 are made in the contract/order no. in item 1 OA. B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation data etc. set forth in item 14, ursuant to the authorit of 27 DCMR, Cha ter 36, Section 3601.2. X C. This supplemental agreement is entered into pursuant to authority of: D. Other (Specify type of modification and authority) 27 DCMR 2008 Exercise of an O tion E. IMPORTANT: Contractor 0 is not D is required to sign this document and return _1 _copies to the issuing office. 14. Description of AmendmentJModification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.) Contract CW97797 is hereby modified as follows: 1) Pursuant to Section F.2 of the Contract, the District hereby exercises a partial Option Period One for the period of March 14, 2022 through March 17, 2022 in the total amount of $633,600.00. 2) The total contract increases from $3,128,400.00 by $633,600 to a revised not-to-exceed amount of $3,762,000.00. 3) Modification M01 is corrected as follows: a. Section 10A is revised to read "CW97797". b. Section 1 OB is revised to read "February 22, 2022". rovided herein, all terms and conditions of the document referenced in item 9A or 1 OA remain unchan ed and in full force and effect. 16A. Name of Contracting Officer · · t of Colombia d~ 16C. Date Signed 3/13/2022 (Signature of Contracting Officer) 1. Contract Number Page of Pages AMENDMENT OF SOLICITATION/ MODIFICATION OF CONTRACT CW97797 1 1 2. Amendment/Modification Number 3. Effective Date M03 March 18, 2022 4. Requisition/Purchase Request No. 5. Solicitation Caption Emergency Towing Services 6. Issued by: Code Office of Contracting and Procurement Transportation and Specialty Equipment Commodity Group 2000 14th Street, NW 6th Floor Washington, DC 20009 7. Administered by (If other than line 6) Department of Public Works Safety and Security Administration 2000 14 th Street NW, 6 th Floor Washington, DC 20024 8. Name and Address of Contractor (No.street, city, county, state and zip code) 9A. Amendment of Solicitation No. ABC Towing 9B. Dated (See Item 11) 2214 Channing Street, NE Washington, DC 20018 X 1 0A. Modification of Contractor/Order No. CW97797 1 OB. Dated (See Item 13) Code Facility February 22, 2022 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS 0The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers O is extended. Dis not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15 and returning 2 copies of the amendment: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) BY separate letter or fax which includes a reference to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such may be made by letter or fax, provided each letter or tele ram makes referen ce to the solicitation and this amendment, and is received rior to the o enin hour and dates ecified. 12. Accounting and Appropriation Data (If required): 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTORS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14 A. This change order is issued pursuant to (Specify Authority): The changes set forth in Item 14 are made in the contract/order no. in item 10A. B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation data etc. set forth in item 14, ursuant to the authori of 27 DCMR, Cha ter 36, Section 3601.2. C. This supplemental agreement is entered into pursuant to authority of: X D. Other (Specify type of modificati on and authority) 27 DCMR 2008 Exercise of an O lion E. IMPORTANT: Contractor~ is not D is required to sign this document and return _1_copies to the issuing office. 14. Description of Amendment/Modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.) Contract CW97797 is hereby modified as follows: 1) Pursuant to Section F .2 of the Contract, the District hereby exercises a partial Option Period One for the period of March 18, 2022, through March 24, 2022, in the total amount of $1,108,800. 2) The total contract increases from $3,762,000 by $1,108,800 to a revised not-to-exceed amount of $4,870,800. d herein, all terms and conditions of the document referenced in item 9A or 1 0A remain unchan ed and in full force and effect. 16A. Name of Contracting Officer Courtney B. Lattimore Chief Contractin Officer · · ofColombla ~ j~ 1:~ 1 ~::~;d (SiWe of Contracting Officer) 1. Contract Number Page of Pages AMENDMENT OF SOLICITATION/ MODIFICATION OF CONTRACT CW97797 1 1 2. AmendmenUModification Number 3. Effective Date M04 March 25, 2022 4. Requisition/Purchase Request No. 5. Solicitation Caption Emergency Towing Services 6. Issued by: Code Office of Contracting and Procurement Transportation and Specialty Equipment Commodity Group 2000 14th Street, NW 6th Floor Washington, DC 20009 8. Name and Address of Contractor (No.street, city, county, state and zip code) ABC Towing 2214 Channing Street, NE Washington, DC 20018 7. Administered by (If other than line 6) Department of Public Works Safety and Security Administration 2000 14 th Street NW, 6 th Floor Washington, DC 20024 X 9A. Amendment of Solicitation No. 9B. Dated (See Item 11) 10A. Modification of Contractor/Order No. CW97797 1 OB. Dated (See Item 13) Code Facility February 22, 2022 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS 0The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers O is extended. Dis not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15 and returning 2 copies of the amendment: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) BY separate letter or fax which includes a reference to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such may be made by letter or fax, provided each letter or tele ram makes reference to the solicitation and this amendment, and is received rior to the o enin hour and dates ecified. 12. Accounting and Appropriation Data (If required): 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTORS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14 A. This change order is issued pursuant to (Specify Authority): The changes set forth in Item 14 are made in the contracUorder no. i rn item 10A. B. The above numbered contracUorder is modified to reflect the administrative changes (such as changes in paying office, appropriation data etc. set forth in item 14, ursuant to the authorit of 27 DCMR, Cha ter 36, Section 3601.2. C. This supplemental agreement is entered into pursuant to authority of: 1 X D. Other (Specify type of modification and authority) 27 DCMR 2008 Exercise of an O tion E. IMPORTANT: Contractor~ is not D is required to sign this document and return _1_copies to the issuing office. 14. Description of AmendmenUModification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.) Contract CW97797 is hereby modified as follows: 1) Pursuant to Section F.2 of the Contract, the District hereby exercises a partial option period one for the period of March 25, 2022, through March 27, 2022, in the total amount of $475,200.00. 2) The total contract increases from $4,870,800.00 by $475,200.00 to a revised not-to-exceed amount of $5,346,000. rovided herein, all terms and conditions of the document referenced in item 9A or 1 QA remain unchan ed and in full force and effect. 16A. Name of Contracting Officer Courtney B. Lattimore Chief Contractin Officer · · ofCol"mbla ~ 1 ~ (SigQ of Contracting Officer) 16C. Date Signed 3/24/2022 AMENDMENT OF SOLICITATION/ MODIFICATION OF CONTRACT 1. Contract Number CW97797 Page of Pages 1 1 2. Amendment/Modification Number 3. Effective Date MOS March 28, 2022 4. Requisition/Purchase Request No. 5. Solicitation Caption Emergency Towing Services 6. Issued by: Code Office of Contracting and Procurement Transportation and Specialty Equipment Commodity Group 2000 14th Street, NW 6th Floor Washington, DC 20009 8. Name and Address of Contractor ( No.street, city, county, state and zip code} ABC Towing 2214 Channing Street, NE Washington, DC 20018 7. Administered by {If other than line 6) Department of Public Works Safety and Security Administration 2000 14 th Street NW, 6 th Floor Washington, DC 20024 X 9A. Amendment of Solicitation No. 9B. Dated (See Item 11) 10A. Modification of Contractor/Order No. CW97797 10B. Dated (See Item 13) Code Facility February 22, 2022 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS DThe above numbered solicitat ion is amended as set forth in item 14. The hour and date specified for receipt of Offers D is extended. Dis not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15 and returning 2 copies of the amendment: {b} By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) BY separate letter or fax which includes a referen ce to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such may be made by letter or fax, provided each letter or tele ram makes reference to the solicitation and this amendment, and is received rior to the o enin hour and date s ecified. 12. Accounting and Appropriation Data {If required): X 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTORS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14 A. This change order is issued pursuant to (Specify Authority): The changes set forth in Item 14 are made in the contract/order no. in item 10A. B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation data etc. set forth in item 14, ursuant to the authorit of 27 DCMR, Cha ter 36, Section 3601.2. C. This supplemental agreement is entered into pursuant to authority of: D. Other (Specify type of modification and authority) 27 DCMR 2008 Exercise of an O lion E. IMPORTANT: Contractor [gj is not O is required to sign this document and return _1_copies to the issuing office. 14. Description of Amendment/Modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.) Contract CW97797 is hereby modified as follows: 1) Pursuant to Section F.2 of the Contract, the District hereby exercises the remainder of Option Peri od One for the period of March 28, 2022, through April 1, 2022, in the total amount of $396,000. The number of trucks for the option period is reduced from 12 to six. 2) The total contract increases from $5,346,000 by $396,000 to a revised not-to-exceed amount of $5,792,000. rovided herein, all terms and conditions of the document referenced in item 9A or 1 0A remain unchan ed and in full force and effect. 16A. Name of Contracting Officer Courtney B. Lattimore Chief Contractin Officer · · of Columbia 1 ,s,,QE 16C. Date Signed 3/25/2022 1. Contract Number Page of Pages AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT CW97797 1 1 2. Amendment/Modification Number 3. Effective Date M06 See 16C below 4. Requisition/Purchase Request No. 5. Solicitation Caption Emergency Towing Services 6. Issued by: Code Office of Contracting and Procurement Transportation and Specialty Equipment Commodity Group 2000 14th Street, NW 6th Floor Washington, DC 20009 8. Name and Address of Contractor (No.street, city, county, state and zip code) ABC Towing 2214 Channing Street, NE Washington, DC 20018 7. Administered by (If other than line 6) Department of Public Works Safety and Security Administration 2000 14 th Street NW, 6 th Floor Washington, DC 20024 X 9A. Amendment of Solicitation No. 98. Dated (See Item 11) 1 0A. Modification of Contractor/Order No. CW97797 1 OB. Dated (See Item 13) Code Facility February 22, 2022 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS 0The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers O is extended. Dis not extended. Off ers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15 and returning 2 copies of the amendment: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) BY separate letter or fax which includes a reference to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such may be made by letter or fax, provided each letter or tele ram makes referen ce to the solicitation and this amendment, and is received r ior to the o enin hour and date s ecified. 12. Accounting and Appropriation Data (If required): X 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTORS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14 A. This change order is issued pursuant to (Specify Authority): The changes set forth in Item 14 are made in the contract/order no. in item 10A. B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation data etc. set forth in item 14, ursuant to the authorit of 27 DCMR, Cha ter 36, Section 3601.2. C. This supplemental agreement is entered into pursuant to authority of: D. Other (Specify type of modification and authority) 27 DCMR 2008 Exercise of an O tion E. IMPORTANT: Contractor~ is not O is required to sign this document and return _1~copies to the issuing office. 14. Description of Amendment/Modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.) Contract CW97797 is hereby modified as follows: 1) The District has concluded its operation in response to the DC Truck Convoy. 2) The end date of the partial option exercise is revised from April 1, 2022 to March 30, 2022. The revised amount of the partial option for the dates of March 28, 2022 through March 30, 2022 is $237,600. 3) The total contract increases from $5,346,000 by $396,000 to a revised not-to-exceed amount of $5,633,600. rovided herein, all terms and conditions of the document referenced in item 9A or 1 QA remain unchan ed and in full force and effect. 16A. Name of Contracting Officer Courtney B. Lattimore Chief Contractin Officer · · ofColumbia d~ (Sign of Contracting Officer) 16C. Date Signed 3/31/2022 AMENDMENT OF SOLICITATION/ MODIFICATION OF CONTRACT 1. Contract Number CW97797 Page of Pages 1 1 2. AmendmenUModification Number 3. Effective Date MO? See 16C below 4. Requisition/Purchase Request No. 5. Solicitation Caption Emergency Towing Services 6. Issued by: Code Office of Contracting and Procurement Transportation and Specialty Equipment Commodity Group 2000 14th Street, NW 6th Floor Washington, DC 20009 8. Name and Address of Contractor (No.street, city, county, state and zip code) ABC Towing 2214 Channing Street, NE Washington, DC 20018 7. Administered by (If other than line 6) Department of Public Works Safety and Security Administration 2000 14 th Street NW, 6 th Floor Washington, DC 20024 9A. Amendment of Solicitation No. 98. Dated (See Item 11) X 1 0A. Modification of Contractor/Order No. CW97797 1 OB. Dated (See Item 13) Code Facility February 22, 2022 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS 0The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers D is extended. Dis not extended. Offe rs must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15 and returning 2 copies of the amendment: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) BY separate le tter or fax which includes a reference to the solicitation and amendment numbe r. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such may be made by letter or fax, provided e ach letter or tele ram makes reference to the solicitation and this amendment, and is received rior to the o enin hour and date s ecified. 12. Accounting and Appropriation Data (If required): X 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTORS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14 A. This change order is issued pursuant to (Specify Authority): The changes set forth in Item 14 are made in the contracUorder no. in item 10A. B. The above numbered contracUorder is modified to reflect the administrative changes (such as changes in paying office, appropriation data et c. set forth in item 14, ursuant to the authorit of 27 DCMR, Cha ter 36, Section 3601.2. C. This supplemental agreement is entered into pursuant to authority of: D. Other (Specify type of modification and authority) 27 DCMR 2008 Exercise of an O lion E. IMPORTANT: Contractor IZJ is not Dis required to sign this document and return _1_copies to the issuing office. 14. Description of AmendmenUModification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.) Contract CW97797 is hereby modified as follows: 1) Modification 6 is revised to correct the total contract amount wherein the amount should have been increased by $237,600 instead of $396,000. This error led to an overpayment of $50,000 for the contract. The corrected total for services is $5,583,600. 2) The contract terms stipulated weekly payments. This contract was funded by the Contingency Reserve Fund which were not consistently provided in a timely manner. These delays led to the vendor receiving late payments which resulted is interest charges in the total amount of $90,496. The $50,000 overpayment addresses a portion of the interest amount due. This modification adds the remaining $40,496 owed the vendor in interest. erenced in item 9A or 1 0A remain unchan ed and in full force and effect. 16A. Name of Contracting Officer Courtney B. Lattimore Contractin Officer 1 istrict of Columbia _ l_uJJ.u.~----- (SigQ of Contracting Officer) 16C. Date Signed une 30, 2023 AW ARD/CONTRACT 2. Contract Number 3. Effective Dale CW97797 5. Issued Bv: Oflicc of Contracting and Procurement Public \Vorks and Fleet Scr\'iccs Cluster 2000 14 th Street NW. 6 th Floor Washington. D.C. 20009 Fcbrnarv 22. 2022 Code 7. Name and Address of Contractor (No. street. city. county. state and Zip Code) ABC Towing 2214 Ch.urning Street NE Washington, DC 20018 1 . Reserved for later use 4. Requisition/Purchase RequesVProiect No. 6. Administered by (If other than line 5) Department of Public Works Safety and Security Administration 2000 14' 1 ' Street NW. 6' h Flmir Washington. DC 20()09 Page of Pages 1 27 8. Delivery □FOB Origin Oother (See Schedule Sectton F) 9. Discount for prompt payment Duns No TIN 10. Submit invoices lo the Address shown in ,---------1 (2 copies unless otherwise specified) - NIA Item 11. Shi to/Mark For 13. Reserved for future use 15A. Item Code 12. Pa ment will be made b 14. Accounting and Appropriati on Data ENCUMBRANCE CODE. :-..; : Code Total Estimated Maximum Amount of Contract 16. Table of Contents IX Section Descri tion Pa e (X Section Descri iion Pae X A X B X C X D X E X F X G X H PART 1-THE SCHEDULE Contract Form Supplies or Services & Cost/Price Services Packing and Marking Inspection and Acceptance Contract Term Contract Administration data Special Contract Requirements 2 5 8 8 9 10 15 X X PART 11-CONTRACT CLAUSES Contract Clauses 18 PART Ill -LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J List of Attachments PART IV-REPRESENTATIONS AND INSTRUCTIONS K L M Representations. Certifications and Other Statements of 0fferors Instructions. conditions & notices to offerors Evaluation factors for award 28 Contractin Officer will com lete Item 17 or 18 as a ltcable 17 CONTRACTORS NEGOTIATED AGREEMENT (Contractor is required to sign this document and return (1) copies to issuing office.) Contractor agrees to furnish and deliver all items. perform all the services set forth or otherwise identified above and on any contmuation sheets. for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) !his award/contract. (b) the solicitation. if arty. and (c) such provisions. representat10ns. certifications, and :specifications, as are attached or incorporated by reference herein. (Attachments are listed herein. 19A. Name and Title of Signer (Type or print) Richard Aburish, General Manager 19C. Date Signed 01.-1..l-1 18 0 AWARD (Contractor is not required to sign this documenl.j Your offer on Solicitation Number including the additions or changes made by which additions or changes are set forth in full above. is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's soltcitatt0n and your offer, and {b) this award/contract. No further contractual document is necessary. 20A. Name of Contracting Officer CW97797-Emergency Towing Services ABC Towing SECTION B -SUPPLIES OR SERVICE AND PRICE/COST B.1 The District of Columbia's Office of Contracting and Procurement, on behalf of the Department of Public Works, Solid and Security Administration(SSA) ("the District") is seeking a contractor to provide emergency towing of tractor trailers from various locations across the District of Columbia. B.2 The District awards a labor hour contract based on fixed hourly rates. The estimated hours stated herein reflect the best estimates available. The estimate shall not be construed as a representation that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable. 2 CW97797-Emergency Towing Services ABC Towing B.3 PRICE SCHEDULE B.3.1 BASE PERIOD (February 22, 2022 through March 13, 2022) Contract Labor Category Hourly Labor Number Estimated Line Rate of Units Labor Item No. Hours (CLIN) 0001 Heavy Duty Wreckers with $550.00 12 474 Drivers GRAND TOTAL B.3.1 B.3.2 OPTION PERIOD ONE (March 14, 2022 through April 1, 2022) Contract Labor Category Hourly Labor Number Estimated Line Rate of Units Labor Item No. Hours (CLIN) 1001 Heavy Duty Wreckers with $550.00 12 456 Drivers GRAND TOTAL B.3.2 3 Total Amount $3,128,400.00 Not-to-Exceed Amount $3,128,400.00 Total Amount $3,009,600.00 Not-to-Exceed Amount $3,009.600 CW97797-Emergency Towing Services ABC Towing SECTION C: DESCRIPTION/SPECIFICATIONS/ WORK STATEMENT C.1 SCOPE: The District of Columbia's Office of Contracting and Procurement, on behalf of the Department of Public Works (DPW), Solid and Security Administration(SSA) ("the District") is seeking a contractor to provide emergency towing of tractor trailers from various locations across the District of Columbia. C.1.1 Definitions C.1.1.1 C.1.1.2 C.1.1.3 These te1ms when used in this contract have the following meanings: Towing Control Center (TCC) -the TCC is operated by DPW and consists of an automated towing dispatch and tracking process built around a Computer Aided Dispatch (CAD). The TCC operates 24 hours, 7 days per week and provided comprehensive tracking of all "public" tow s, universal notifications to vehicle owners and real-time updates on vehicle location s. The TCC interfaces with the Unified Communications Center (UCC) and can access a variety of databases within the District Government to detennine vehicle ownership or related status. Towing Control Number (TCN) -all public towing in the District must be channeled through the Office of Unified Communications to the TCC, which will issue a unique ECN to identify and track a towed vehicle. Unified Communications Center (UCC) -the facility operated by the Office of Unified Communications through which all Metropolitan Police Department (MPD) radio communications are channeled. 4 CW97797-Emergency Towing Services ABC Towing C.2 BACKGROUND C.2.1 In response to the impending Trucker Convoy protest, the District is enlisting the services of a towing company to be on standby to remove tractor trailers from restricted areas as directed by DPW personnel. Contractor shall be responsible for towing vehicles that are single cab(s) with trailers that may be up to 75'. C.3 REQUIREMENTS C.3.1 Upon award, the Contactor shall own or have access to no less than 12 heavy duty wrecker tow trucks and shall ensure availability of the trucks for the duration of the period of performance. C.3.2 The Contractor shall possess a valid license from the District of Columbia's Department of Consumer and Regulatory Affairs (DCRA). C.3.3 The Contractor shall provide towing services of tractor trailers as directed by DPW personnel beginning 0600 hours on Tuesday, February 22, 2022. The Contractor shall deploy all its tow trucks Lot 8B at RFK Stadium, 2400 East Capitol Street NE, Washington, DC 20003. C.3.3.1 The Contractor shall be deployed to alternate locations following the initial check m. C.3.4 The Contractor shall provide coverage 24 hours per day (two 12-hour shifts each day) through March 13, 2022. C.3.4.1 The Contactor's vehicles shall be sufficiently fueled to sustain each 12-hour shift. If a vehicle requires re-fueling during a shift, the District will provide an escort to the Contractor to and from a gas station in close proximity. C.3.5 The Contractor shall adhere to the following process upon being tasked to retrieve a vehicle: C.3.5.1 In accordance with DC Code 406, no public tow shall be conducted in the District of Columbia until DPW has issued a TCN. The Contractor shall call the TCC upon reaching the location of the vehicle to be towed to obtain the required number prior to relocating the vehicle: • The contact number for TCN Main Number (202) 541-6083 Emergency Number (202) 497-3411 C.3.5.2 The Contractor shall document the following information: • The name of tow truck or towing business • Make, color, license state and tag number of the vehicle to be 5 CW97797-Emergency Towing Services ABC Towing towed • VIN of the vehicle to be towed • The ticket number and violation cited by the District • The current location of the vehicle • Any damage to the vehicle The Contractor shall submit infonnation regarding all towed vehicles to the Contract Administrator (CA) or designee at the end of each shift. C.3.5.3 The Contractor shall tow the vehicle to a location designated by DPW personnel. C.3.5.4 The Contractor shall be responsible for any loss or damage sustained by a vehicle as the result of a public tow and not the responsibility of the Government of the District of Columbia, any department or agency thereof, or any government official who requested the tow. SECTION D: PACKAGING AND MARKING NIA SECTION E: INSPECTION ANDACCEPTANCE NIA SECTION F: DELIVERIES ORPERFORMANCE F.1 TERM OF CONTRACT The contract shall be for the period of February 22, 2022 through March 13, 2022. F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT F.2.1 The District may extend the term of this contract for a period of 20 days or successive fractions thereof, by written notice to the Contractor before the expiration of the contract; provided that the District will give the Contractor preliminary written notice of its intent to extend at least ten 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 ten day preliminary notice requirement by providing a written waiver to the Contracting Officer prior to expiration of the contract. F.2.2 If the District exercises this option, the extended contract shall be considered to include this option provision. 6 CW97797-Emergency Towing Services ABC Towing F.2.3 The price for the option period(s) shall be as specified in the Section B of the contract. F .2.4 The total duration of this contract, including the exercise of any options under this clause, shall not exceed 40 days. F.3 DELIVERABLES The Contractor shall perform the activities required to successfully complete the District's requirements and submit each deliverable to the Contract Administrator (CA) and CA Designee identified in section G.9 in accordance with the following: sow Deliverable Format/Method of Due Date Section Deliverv - C.3.5.2 Towed vehicle Via email to CA End of each shift information and designee 7 CW97797-Emergency Towing Services ABC Towing SECTION G: CONTRACT ADMINISTRATION G.1 INVOICE PAYMENT G.1.1 The District will make payments to the Contractor, upon the submission of proper invoices, at the prices stipulated in this contract, for supplies delivered and accepted or services performed and accepted, less any discounts, allowances or adjustments provided for in this contract. G.1.2 The District will pay the Contractor on or before the 14th day after receiving a proper invoice from the Contractor. G.2 INVOICE SUBMITTAL G.2.1 The Contractor shall create and submit payment requests in an electronic format through the DC Vendor Portal, http s://vendorpo1ial.dc.gov G.2.2 The Contractor shall submit proper invoices on a weekly bas is or as otherwise specified in Section G.4. G.2.3 To constitute a proper invoice, the Contractor shall enter all required information into the Portal after selecting the applicable purchase order number which is listed on the Contractor's profile. G.3 RESERVED G.4 PAYMENT G.4.1 PARTIAL PAYMENT Unless otherwise specified in this contract, payment will be made on partial deliveries of goods and services accepted by the District if: a) The amount due on the deliveries warrants it; or b) The Contractor requests it and the amount due on the deliveries is in accordance with the following: • "Payment will be made on completion and acceptance of each item in accordance with the agreed upon delivery schedule". G.4.2 HOURLY RATE CEILING G.4.2.1 G.4.2.2 The ceilings for specified hourly rate items are set forth in Sections B.3. land B.3.2. The hourly rates in this contract shall be fully loaded and include wages, overhead, 8 CW97797-Emergency Towing Services ABC Towing general and administrative expenses, and profit and the total cost to the District shall not exceed the ceilings specified in Sections B.3.1 and B.3.2. G.4.2.3 The Contractor agrees to use its best efforts to perform the work specified in this contract and to meet all obligations under this contract within the hourly rate ceilings. G.4.2.4 The Contractor must notify the CO, in writing, whenever it has reason to believe that the total cost for the hourly rate items of this contract will be either greater or substantially less than the hourly rate ceilings. G.4.2.5 As part of the notification, the Contractor must provide the CO a revised estimate of the total cost of the hourly rate items of this contract. G.4.2.6 The District is not obligated to reimburse the Contractor for hourly rates incurred in excess of the hourly rate ceilings specified in Sections B.3. land B.3.2, and the Contractor is not obligated to continue providing hourly rate items under this contract (including actions under the Termination clauses of this contract), or otherwise incur costs in excess of the hourly rate ceilings specified in Section B.3 .1 and B.3.2, until the CO notifies the Contractor, in writing, that the estimated cost has been increas ed and provides revised hourly rate ceilings for the hourly rate items in this contract. G.4.2.7 No notice, communication, or representation in any form from any person other than the CO shall change the hourly rate ceilings. In the absence of the specified notice, the District is not obligated to reimburse the Contractor for any costs in excess of the hourly rate ceilings, whether such costs were incurred during the course of contract performance or as a result of termination. G.4.2.8 If any hourly rate ceiling specified in Sections B .3 .1 or B.3 .2 is increased, any costs the Contractor incurs before the increase that are in excess of the previous hourly rate ceilings shall be allowable to the same extent as if incurred afterward, unless the CO issues a termination or other notice directing that the increase is solely to cover termination or other specified expenses. G.4.2.9 A change order shall not be considered an authorization to exceed the applicable hourly rate ceilings specified in Sections B.3 .1 and B.3 .2, unless the change order specifically increases the hourly rate ceilings G.5 ASSIGNMENT OF CONTRACT PAYMENTS G.5.1 In accordance with 27 DCMR 3250, the Contractor may assign to a bank, trust company, or other financing institution funds due or to become due as a result of the performance of this contract. G.5.2 Any assignment shall cover all unpaid amounts payable under this contract and shall not be made to more than one party. 9 CW97797-Emergency Towing Services ABC Towing G.5.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is required to prepare invoices. Where such an assignment has been made, the original copy of the invoice must refer to the assignment and must show that payment of the invoice is to be made directly to the assignee as follows: "Pursuant to the instrument of assignment dated _____ , make payment of this invoice to (name and address of assignee)." G.6 THE QUICK PAYMENT ACT G.6.1 Interest Penalties to Contractors G.6.1.1 The District will pay interest penalties on amounts due to the Contractor under the Quick Payment Act, D.C. Official Code§ 2-221.01 et seq., as amended, for the period beginning on the day after the required payment date and ending on the date on which payment of the amount is made. Interest shall be calculated at the rate of at least 1.5% per month. No interest penalty shall be paid if payment for the completed delivery of the item of property or service is made on or before the required payment date. The required payment date shall be: G.6.1.1.1 The date on which payment is due under the terms of the contract; G.6.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of delivery of meat or meat food products; G.6.1.1.3 Not later than 10 calendar days, excluding legal holidays, after the date of delivery of a perishable agricultural commodity; or G.6.1.1.4 30 calendar days, excluding legal holidays, after receipt of a proper invoice for the amount of the payment due. G.6.1.2 No interest penalty shall be due to the Contractor if payment for the completed delivery of goods or services is made on or after: G.6.1.2.1 yd day after the required payment date for meat or a meat food product; G.6.1.2.2 5 th day after the required payment date for an agricultural commodity; or G.6.1.2.3 15 th day after any other required payment date. G.6.1.3 Any amount of an interest penalty which remains unpaid at the end of any 30-day period shall be added to the principal amount of the debt and thereafter interest penalties shall accrue on the added amount. G.6.2 Payments to Subcontractors CW97797-Emergency Towing Services ABC Towing G.6.2.1 The Contractor must take one of the following actions within seven (7) days of receipt of any amount paid to the Contractor by the District for work performed by any subcontractor under the contract: G.6.2.1.1 Pay the subcontractor(s) for the proportionate share of the total payment received from the District that is attributable to the subcontractor(s) for work performed under the contract; or G.6.2.1.2 Notify the CO and the subcontractor(s), in writing, of the Contractor's intention to withhold all or part of the subcontractor's payment and state the reason for the nonpayment. G.6.2.2 The Contractor must pay any subcontractor or supplier interest penalties on amounts due to the subcontractor or supplier beginning on the day after the payment is due and ending on the date on which the payment is made. Interest shall be calculated at the rate of at least 1.5% per month. No interest penalty shall be paid on the following if payment for the completed delivery of the item of property or service is made on or before the: G.6.2.2.1 3 rd day after the required payment date for meat or a meat product; G.6.2.2.2 5 th day after the required payment date for an agricultural commodity; or G.6.2.2.3 15 th day after any other required payment date. G.6.2.3 Any amount of an interest penalty which remains unpaid by the Contractor at the end of any 30-day period shall be added to the principal amount of the debt to the subcontractor and thereafter interest penalties shall accrue on the added amount. G.6.2.4 A dispute between the Contractor and subcontractor relating to the amounts or entitlement of a subcontractor to a payment or a late payment interest penalty under the Quick Payment Act does not constitute a dispute to which the District is a party. The District may not be interpleaded in any judicial or administrative proceeding involving such a dispute. G.6.3 Subcontract requirements. The Contractor shall include in each subcontract under this contract a provision requiring the subcontractor to include in its contract with any lower tier subcontractor or supplier the payment and interest clauses required under paragraphs (1) and (2) ofD.C. Official Code§ 2-221.02(d). G.7 CONTRACTING OFFICER (CO) Contracts will be entered into and signed on behalf of the District only by contracting officers. The contact information for the Contracting Officer is: Courtney Lattimore Chief Contracting Officer -Office of Contracting and Procurement Supporting the District Department of Public Works 2000 14th Street NW, 6th Floor 11 CW97797-Emergency Towing Services ABC Towing Washington, DC 20009 (202) 671-2327 Courtney. lattimore@dc.gov G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER G.8.1 The CO is the only person authorized to approve changes in any of the requirements of this contract. G.8.2 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 CO. G.8.3 In the event the Contractor effects any change at the instruction or request of any person other than the CO, 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. G.9 CONTRACT ADMINSTRATOR (CA) G.9.1 The CA or designee is responsible for general administration of the contract and advising the CO as to the Contractor's compliance or noncompliance with the contract. The CA has the responsibility of ensuring the work conforms to the requirements of the contract and such other responsibilities and authorities as may be specified in the contract. G.9.1. l G.9.1.2 G.9.1.3 G.9.1.4 G.9.1.5 Keeping the CO fully informed of any technical or contractual difficulties encountered during the performance period and advising the CO of any potential problem areas under the contract; Coordinating site entry for Contractor personnel, if applicable; Reviewing invoices for completed work and recommending approval by the CO if the Contractor's cost are consistent with the negotiated amounts and progress is satisfactory and commensurate with the rate of expenditure; Reviewing and approving invoices for deliverables to ensure receipt of goods and services. This includes the timely processing of invoices and vouchers in accordance with the District's payment provisions; and Maintaining a file that includes all contract correspondence, modifications, records of inspections (site, data, equipment) and invoice or vouchers. G.9.2 The address and telephone number of the CA is: Robert Garrett -Facility Operations Specialist Safety and Security Administration Department of Public Works 2000 14 th Street, NW - 6 th Floor 12 CW97797-Emergency Towing Services ABC Towing G.9.2.1 Washington, DC 20019 (202) 673-6757 Robeti. Garrett@dc.gov The address and telephone number of the CA Designee is: Warnique West -Emergency Planning Officer Safety and Security Administration Department of Public Works 2000 14 th Street, NW - 6 th Floor Washington, DC 20019 (202) 369-3923 Wamique. West@dc.gov G.9.3 The CA shall NOT have the authority to: 1. Award, agree to, or sign any contract, delivery order or task order. Only the CO shall make contractual agreements , commitments or modifications; 2. Grant deviations from or waive any of the terms and conditions of the contract; 3. Increase the dollar limit of the contract or authorize work beyond the dollar limit of the contract, 4. Authorize the expenditure of funds by the Contractor; 5. Change the period of performance; or 6. Authorize the use of District property, except as specified under the contract. G.9.4 The Contractor will be fully responsible for any changes not authorized in advance, in writing, by the CO; 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. 13 CW97797-Emergency Towing Services ABC Towing SECTION H: SPECIAL CONTRACT REQUIREMENTS H.1 RESERVED H.2 RESERVED H.3 PREGNANT WORKERS FAIRNESS H.3.1 The Contractor shall c omply with the Protecting Pregnant Workers Fairness Act of 20 I 6, D.C. Official Cod e§ 32-1231.01 et seq. (PPWF Act ). H.3.2 The Contractor shall not: (a) Refuse to make reasonable accommodations to the known limitations related to pregnancy, childbi1th, related medical conditions, or breastfeeding for an employee, unless the Contractor can demonstrate that the accommodation would impose an undue hardship; (b) Take an adverse action against an employee who requests or uses a reasonable accommodation in regard to the employee's conditions or privileges of employment, including failing to reinstate the employee when the need for reasonable accommodations ceases to the employee's original job or to an equivalent position with equivalent: (1) Pay; (2) Accumulated seniority and retirement; (3) Benefits; and ( 4) Other applicable service credits; (c) Deny employment opportunities to an employee, or a job applicant, if the denial is based on the need of the employer to make reasonable accommodations to the known limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding; (d) Require an employee affected by pregnancy, childbirth, related medical conditions, or breastfeeding to accept an accommodation that the employee chooses not to accept if the employee does not have a known limitation related to pregnancy, childbirth, related medical conditions, or breastfeeding or the accommodation is not necessary for the employee to perfonn her duties; (e) Require an employee to take leave if a reasonable accommodation can be provided; or (f) Take adverse action against an employee who has been absent from work as a result of a pregnancy-related condition, including a pre-birth complication. H.3.3 The Contractor shall post and maintain in a conspicuous place a notice of rights in both English and Spanish and provide written notice of an employee's right to a needed reasonable accommodation related to pregnancy, childbirth, related medical conditions, or 14 CW97797-Emergency Towing Services ABC Towing breastfeeding pursuant to the PPWF Act to: (a) New employees at the commencement of employment; (b) Existing employees; and (c) An employee who notifies the employer of her pregnancy, or other condition covered by the PPWF Act, within IO days of the notification. H.3.4 The Contractor shall provide an accurate written translation of the notice of rights to any non-English or non-Spanish speaking employee. H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act. H.4 UNEMPLOYED ANTI-DISCRIMINATION H.4.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C. Official Code§ 32-1361 et seq. H.4.2 The Contractor shall not: (a) Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an employee because of the individual's status as unemployed; or (b) Publish, in print, on the Internet, or in any other medium, an adve11isement or announcement for any vacancy in a job for employment that includes: (1) Any provision stating or indicating that an individual's status as unemployed disqualifies the individual for the job; or (2) Any provision stating or indicating that an employment agency will not consider or hire an individual for employment based on that individual's status as unemployed. H.4.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties as described in the Act. H.5 RESERVED H.6 RESERVED H.7 RESERVED H.8 RESERVED H.9 RESERVED 15 CW97797-Emergency Towing Services ABC Towing H.10 FAIR CRIMINAL RECORD SCREENING H.10.1 H.10.2 H.10.3 H.10.4 H.10.5 The Contractor shall comply with the provisions of the Fair Criminal Record Screening Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-152) ("Act" as used in this section). This section applies to any employment, including employment on a temporary or contractual basis, where the physical location of the employment is in whole or substantial part within the District of Columbia. Prior to making a conditional offer of employment, the Contractor shall not require an applicant for employment, or a person who has requested consideration for employment by the Contractor, to reveal or disclose an arrest or criminal accusation that is not then pending or did not result in a criminal conviction. After making a conditional offer of employment, the Contractor may require an applicant to disclose or reveal a criminal conviction. The Contractor may only withdraw a conditional offer of employment, or take adverse action against an applicant, for a legitimate business reason as described in the Act. This section and the provisions of the Act shall not apply: (a) Where a federal or District law or regulation requires the consideration of an applicant's criminal history for the purposes of employment; (b) To a position designated by the employer as part of a federal or District government program or obligation that is designed to encourage the employment of those with criminal histories; (c) To any facility or employer that provides programs, services, or direct care to, children, youth, or vulnerable adults; or ( d) To employers that employ less than 11 employees. H.10.6 A person claiming to be aggrieved by a violation of the Act may file an administrative complaint with the District of Columbia Office of Human Rights, and the Commission on Human Rights may impose monetary penalties against the Contractor. H.11 DISTRICT RESPONSIBILITIES The District will provide facilities for the Contractor's use during each shirt. s. 16 CW97797-Emergency Towing Services ABC Towing SECTION I: CONTRACT CLAUSES 1.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS The Standard Contract Provisions for use with District of Columbia Government Supplies and Services Contracts dated July 2010 (SCP) are incorporated as part of the contract. To obtain a copy of the SCP go to http://ocp.dc.gov, under Quick Links click on "Required Solicitation Documents". 1.2 CONTRACTS THAT CROSS FISCAL YEARS Continuation of this contract beyond the current fiscal year is contingent upon future fiscal appropriations. 1.3 CONFIDENTIALITY OF INFORMATION The Contractor shall keep all information relating to any employee or customer of the District in absolute confidence and shall not use the information in connection with any other matters; nor shall it disclose any such information to any other person, firm or corporation, in accordance with the District and federal laws governing the confidentiality of records. 1.4 TIME Time, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless otherwise stated herein. 1.5 RESERVED 1.6 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. 1.7 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 CO, work dispatched to independent contractor drivers and/or motor carriers operating under the authorities of Contractor being excluded. Any work or service so subcontracted shall be performed pursuant to a subcontract a greement, 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. 1.8 INSURANCE 17 CW97797-Emergency Towing Services ABC Towing A. GENERAL REQUIREMENTS. The Contractor shall procure and maintain, during the entire period of performance under this contract, the types of insurance specified below. The Contractor shall have its insurance broker or insurance company submit a Certificate of Insurance to the CO giving evidence of the required coverage prior to commencing performance under this contract. In no event shall any work be performed until the required Certificates of Insurance signed by an authorized representative of the insurer(s) have been provided to, and accepted by, the CO. All insurance shall be written with financially responsible companies authorized to do business in the District of Columbia or in the jurisdiction where the work is to be performed and have an A.M. Best Company rating of A-VIII or higher. The Contractor shall maintain or contractually require all of its subcontractors to carry the same insurance required herein. The Contractor shall ensure that all policies provide that the CO shall be given thirty (30) days prior written notice in the event the stated limit in the declarations page of the policy is reduced via endorsement or the policy is canceled prior to the expiration date shown on the certificate. The Contractor shall provide the CO with ten ( 10) days prior written notice in the event of non-payment of premmm. 1. Commercial General Liability Insurance. The Contractor shall provide evidence satisfactory to the CO with respect to the services performed that it carries $1,000,000 per occurrence limits; $2,000,000 aggregate; Bodily Injury and Property Damage including, but not limited to: premises-operations; broad form property damage; Products and Completed Operations; Personal and Advertising Injury; contractual liability and independent contractors. The policy coverage shall include the District of Columbia as an additional insured, shall be primary and non-contributory with any other insurance maintained by the District of Columbia, and shall contain a waiver of subrogation. The Contractor shall maintain Completed Operations coverage for five (5) years following final acceptance of the work performed under this contract. 2. Automobile Liability Insurance. The Contractor shall provide automobile liability insurance to cover all owned, hired or non-owned motor vehicles used in conjunction with the performance of this contract. The policy shall provide a $1,000,000 per occurrence combined single limit for bodily injury and property damage. 3. Workers' Compensation Insurance. The Contractor shall provide Workers' Compensation insurance in accordance with the statutory mandates of the District of Columbia or the jurisdiction in which the contract is performed. 4. Employer's Liability Insurance. The Contractor shall provide employer's liability insurance as follows: $500,000 per accident for injury; $500,000 per employee for disease; and $500,000 for policy disease limit. 18 CW97797-Emergency Towing Services ABC Towing B. DURATION. The Contractor shall carry all required insurance until all contract work is accepted by the District, and shall carry the required General Liability; any required Professional Liability; and any required Employment Practices Liability insurance for five (5) years following final acceptance of the work performed under this contract. C. LIABILITY. These are the required minimum insurance requirements established by the District of Columbia. HOWEVER, THE REQUIRED MINIMUM INSURANCE REQUIREMENTS PROVIDED ABOVE WILL NOT IN ANYWAY LIMIT THE CONTRACTOR'S LIABILITY UNDER THIS CONTRACT. D. CONTRACTOR'S PROPERTY. Contractor and subcontractors are solely responsible for any loss or damage to their personal property, including but not limited to tools and equipment, scaffolding and temporary structures, rented machinery, or owned and leased equipment. A waiver of subrogation shall apply in favor of the District of Columbia. E. MEASURE OF PAYMENT. The District shall not make any separate measure or payment for the cost of insurance and bonds. The Contractor shall include all of the costs of insurance and bonds in the contract price. F. NOTIFICATION. The Contractor shall immediately provide the CO with written notice in the event that its insurance coverage has or will be substantially changed, canceled or not renewed, and provide an updated certificate of insurance to the CO. G. CERTIFICATES OF INSURANCE. The Contractor shall submit certificates of insurance giving evidence of the required coverage as specified in this section prior to commencing work. Evidence of insurance shall be submitted to the Contracting Officer. H. DISCLOSURE OF INFORMATION. The Contractor agrees that the District may disclose the name and contact information of its insurers to any third party which presents a claim against the District for any damages or claims resulting from or arising out of work performed by the Contractor, its agents, employees, servants or subcontractors in the performance of this contract. 1.9 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 as Section J.3. An award cannot be made to any bidder who has not satisfied the equal employment requirements. 1.10 ORDER OF PRECEDENCE The contract awarded will contain the following clause: ORDER OF PRECEDENCE A conflict in language shall be resolved by giving precedence to the document in the highest order of priority that contains language addressing the issue in question. The following 19 CW97797-Emergency Towing Services ABC Towing documents are incorporated into the contract by reference and made a part of the contract in the following order of precedence: (1) An applicable Court Order, if any (2) Contract document (3) Standard Contract Provisions (4) Contract attachments other than the Standard Contract Provisions (5) Contractor's revised bid dated February 20, 2022 1.11 DISPUTES Delete clause 14, Disputes, of the Standard Contract Provisions dated July 2010 for use with District of Columbia Government Supplies and Services Contracts and substitute the following clause 14, Disputes, in its place: 14. Disputes All disputes arising under or relating to the contract shall be resolved as provided herein. (a) Claims by the Contractor against the District: Claim, as used in paragraph (a) of this clause, means a written assertion by the Contractor 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 relating to the contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant ( 1) All claims by a Contractor against the District arising under or relating to a contract shall be in writing and shall be submitted to the CO for a decision. The Contractor's claim shall contain at least the following: (i) A description of the claim and the amount in dispute; (ii) Data or other information in support of the claim; (iii)A brief description of the Contractor's efforts to resolve the dispute prior to filing the claim; and (iii) The Contractor 's request for relief or other action by the CO. (2) The CO may meet with the Contractor in a further attempt to resolve the claim by agreement. (3) The CO shall issue a decision on any claim within 120 calendar days after receipt of the claim. Whenever possible, the CO shall take into account factors such as the size and complexity of the claim and the adequacy of the information in support of the claim provided by the Contractor. (4) The CO's written decision shall do the following: 20 CW97797-Emergency Towing Services ABC Towing (i) Provide a description of the claim or dispute; (ii) Refer to the pertinent contract terms; (iii) State the factual areas of agreement and disagreement; (iv) State the reasons for the decision, including any specific findings of fact, although specific findings of fact are not required and, if made, shall not be binding in any subsequent proceeding; ( v) If all or any part of the claim is determined to be valid, determine the amount of monetary settlement, the contract adjustment to be made, or other relief to be granted; (vi) Indicate that the written document is the CO's final decision; and (vii) Inform the Contractor of the right to seek further redress by appealing the decision to the Contract Appeals Board. (5) Failure by the CO to issue a decision on a contract claim within 120 days ofreceipt of the claim will be deemed to be a denial of the claim, and will authorize the commencement of an appeal to the Contract Appeals Board as provided by D.C. Official Code § 2-360. 04. ( 6) If a contractor is unable to support any part of its claim and it is determined that the inability is attributable to a material misrepresentation of fact or fraud on the part of the Contractor, the Contractor shall be liable to the District for an amount equal to the unsupported part of the claim in addition to all costs to the District attributable to the cost of reviewing that part of the Contractor's claim. Liability under this paragraph (a)(6) shall be determined within six ( 6) years of the commission of the misrepresentation of fact or fraud. (7) Pending final decision of an appeal, action, or final settlement, the Contractor shall proceed diligently with performance of the contract in accordance with the decision of the CO. (b) Claims by the District against the Contractor: Claim as used in paragraph (b) of this clause, means a written demand or written assertion by the District seeking, as a matter of right, the payment of money in a sum certain, the adjustment of contract terms, or other relief arising under or relating to the contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. (1) The CO shall decide all claims by the District against a contractor arising under or relating to a contract. (2) The CO shall send written notice of the claim to the contractor. The CO's written decision shall do the following: (i) Provide a description of the claim or dispute; 21 CW97797-Emergency Towing Services ABC Towing (ii) Refer to the pertinent contract terms; (iii) State the factual areas of agreement and disagreement; (iv) State the reasons for the decision, including any specific findings of fact, although specific findings of fact are not required and, if made, shall not be binding in any subsequent proceeding; ( v) If all or any part of the claim is determined to be valid, determine the amount of monetary settlement, the contract adjustment to be made, or other relief to be granted; (vi) Indicate that the written document is the CO's final decision; and (vii) Inform the Contractor of the right to seek further redress by appealing the decision to the Contract Appeals Board. (3) The CO shall support the decision by reasons and shall inform the Contractor of its rights as provided herein. ( 4) Before or after issuing the decision, the CO may meet with the Contractor to attempt to resolve the claim by agreement. (5) The authority contained in this paragraph (b) shall not apply to a claim or dispute for penalties or forfeitures prescribed by statute or regulation which another District agency is specifically authorized to administer, settle or determine. (6) This paragraph shall not authorize the CO to settle, compromise, pay, or otherwise adjust any claim involving fraud. ( c) Decisions of the CO shall be final and not subject to review unless the Contractor timely commences an administrative appeal for review of the decision, by filing a complaint with the Contract Appeals Board, as authorized by D.C. Official Code § 2-360.04. ( d) Pending final decision of an appeal, action, or final settlement, the Contractor shall proceed diligently with performance of the contract in accordance with the decision of the CO. 1.12 CHANGES Delete clause 15, Changes, of the Standard Contract Provisions dated July 2010 for use with District of Columbia Government Supplies and Services Contracts and substitute the following clause 15, Changes, in its place: 15. Changes: (a) The CO may, at 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 change causes an 22 CW97797-Emergency Towing Services ABC Towing increase or decrease in the cost of performance of the contract, or in the time required for performance, an equitable adjustment shall be made. Any claim for adjustment for a change within the general scope must be asserted within ten (10) days from the date the change is ordered; provided, however, that the CO, if he or she 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 dispute shall be determined as provided in clause 14 Disputes. (b) The District shall not require the Contractor, and the Contractor shall not require a subcontractor, to undertake any work that is beyond the original scope of the contract or subcontract, including work under a District-issued change order, when the additional work increases the contract price beyond the not-to-exceed price or negotiated maximum price of this contract, unless the CO: (1) Agrees with Contractor, and if applicable, the subcontractor on a price for the additional work; (2) Obtains a certification of funding to pay for the additional work; (3) Makes a written, binding commitment with the Contractor to pay for the additional work within 30-days after the Contractor submits a proper invoice; and (4) Provides the Contractor with written notice of the funding certification. (c) The Contractor shall include in its subcontracts a clause that requires the Contractor to: (1) Within 5 business days of its receipt of notice the approved additional funding, provide the subcontractor with notice of the amount to be paid to the subcontractor for the additional work to be performed by the subcontractor; (2) Pay the subcontractor any undisputed amount to which the subcontractor is entitled for the additional work within 10 days of receipt of payment from the District; and (3) Notify the subcontractor and CO in writing of the reason the Contractor withholds any payment from a subcontractor for the additional work. (d) Neither the District, Contractor, nor any subcontractor may declare another party to be in default, or assess, claim, or pursue damages for delays, until the parties to agree on a price for the additional work. 1.13 NON-DISCRIMINATION CLAUSE Delete clause 19, Non-Discrimination Clause, of the Standard Contract Provisions dated July 2010 for use with District of Columbia Government Supplies and Services Contracts and substitute the following clause 19, Non-Discrimination Clause, in its place: 23 CW97797-Emergency Towing Services ABC Towing 19. Non-Discrimination 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, effective December 13, 1977, as amended (D.C. Law 2-38; D. C. Official Code§ 2-1401.01 et seq.) ("Act", as used in this clause). The Contractor shall include a similar clause in all subcontract s, 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, a notice setting forth the provisions of this non-discrimination clause as provided in section 251 of the Act. (a) Pursuant to Mayor's Order 85-85, (6/10/85), Mayor's Order 2002-175 (10/ 23/02), Mayor's Order 2011-155 (9/9/11) and the rules of the Office of Human Rights, Chapter 11 of Title 4 of the D.C. Municipal Regulations, the following clauses apply to the contract: (1) The Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, political affiliation, or credit information. Sexual harassment is a form of sex discrimination which is prohibited by the Act. In addition, harassment based on any of the above protected categories is prohibited by the Act. (2) The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, political affiliation, or credit information. 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. (3) 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 paragraphs l 9(b )(1) and (b )(2) concerning non-discrimination and affirmative action. 24 CW97797-Emergency Towing Services ABC Towing ( 4) 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 19(b)(2). (5) 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 the said labor union or workers' representative of that contractor's commitments under this nondiscrimination clause and the Act, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (6) The Contractor agrees to permit access to its books, records, and accounts pertaining to its employment practices, by the Chief Procurement Officer or designee, or the Director of the Office of Human Rights or designee, for purposes of investigation to ascertain compliance with the Act, and to require under terms of any subcontractor agreement each subcontractor to permit access of such subcontractors' books, records, and accounts for such purposes. (7) The Contractor agrees to comply with the provisions of the Act and with all guidelines for equal employment opportunity applicable in the District adopted by the Director of the Office of Human Rights, or any authorized official. (8) The Contractor shall include in every subcontract the equal opportunity clauses, i.e., paragraphs 19(b )( 1) through (b )(9) of this clause, so that such provisions shall be binding upon each subcontractor. (9) The Contractor shall take such action with respect to any subcontract as the CO may direct as a means of enforcing these provisions, including sanctions for noncompliance; provided, however, that in the event the 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 Contractor may request the District to enter into such litigation to protect the interest of the District. 1.14 COST AND PRICING DATA Delete clause 25, Cost and Pricing Data, of the Standard Contract Provisions dated July 2010 for use with District of Columbia Government Supplies and Services Contracts. 25 CW97797-Emergency Towing Services ABC Towing 1.5 LICENSES, PERMITS AND REGISTRATION The contractor shall obtain at its expense, any licenses, permits or registrations necessary for the perfonnance of this contract. 26 CW97797-Emergency Towing Services ABC Towing SECTION J: ATTACHMENTS The following list of attachments is incorporated into the solicitation by reference. Attachment Document Number Government of the District of Columbia Standard Contract Provisions for J.1 Use with the Supplies and Services Contracts (July 2010) Way to Work Amendment Act of 2006 -Living Wage Notice available at J.2 http://ocp. dc.gov, under Quick Links click on "Required Solicitation Documents" Way to Work Amendment Act of 2006 -Living Wage Fact Sheet available J.3 at http://ocp.dc.gov, under Quick Links click on "Required Solicitation Documents" J.4 Contractor's Bid 27