area Para SOLICITATION, OFFER, AND AWARD] Setcar Mobil Fare System 1 a Canes amber Fr Saiiaion Winter [i Type Serciaton ——_[& Datsissued Type oat Seaes9(F3) jose He sens Propsas RP) set Ase PCKA-2015-R-0085 T-Iscie source 5 [Opener win sotasie S8e Desgrates Cater [tae By liste Oeporment of Transportation i Aare Ofer bistrcit Department of Transportation [Contract Complia Division iia Room [55 M Street, SE, sute 700 |Washington, D.C. 20008 iss w St, SE TW, lwashington,0.C. 20003, [at Kirk Sensor — SOLICITATION [FSaetciorn oma ee ca ring e sgpieso Fevces nla Seas aloe ooaied wT Tacs paced a8 oF aaa ct ortr cated 55M St SE ses 14:00 lecatina _ September 30, 2015 fa For ‘A Nan @.Tewphone Ema Rasen ntormaten | a, ee ar |Contact Kirk Benson 202 671.2268 kitk.benson@de.gov aie of Conteris sae] Desai Taser | 99 | secon] Descrgion [Paar PARTI. THe SCHEDULE PARTI GONTRAGT CLAUSES XA asictatoniGonvect Fam. oe eo TI wo X_[—“8 — |Sieptes 0 Sorvces and PERIGEE, z PART HI-UST OF DOCUMENTS, EXHTBITS AND OTHER ATTACHIUENTS: K_[-—c— specteatona/Vior Statement ee La [0 —[Pekaping nd aring 7 PART = REPRESENTATIONS AND INSTRUCTIONS. [Inspection ana accerinice 5 [Rerresontaions orbestons and other Xf — elena or Perfomance | x |__«__|ststenens ofoferors 28 [oc |[eoniact Acminstaton 0 a7 [x | 1 —rairoctons,conaions & ras ooTeros a X—[—-F— fipocs Conta Regutenenis BC i evn factors fr amare = OFFER me spectos herein [fa ncomprance with the above, the undergrad agrees, Finis clr accoped within lot ores epecied above, to funsh any ora tems upon which prices ae offered a he price se fps "10 cand daye for the dato fr ocapt = ach tem, doivered ate designated it), win the ls. Dsccuntfor Prompt Payment __ 2 [lo Caendardays [20 Calendar days [So Caindar days % Caan an 1s. Actnowedgement of Amend lesnowedges recap of amenaments othe [Amendment Number [owe [Amendment Number [ose is (Tho offeror lsoucrration) fa, Tae and ress oT OFS [fe Nams and Tie of Parson Ahovzod io Sign ONETCoTaEL seeps 750 Gren Fremtaree oaiews [7 Sonate Fa Oe Dae eva Casey. —(Nombe) TBa Te siteront rom above Refer to Section @ "AWARD (TO BE COMPLETED BY GOVERNMENT) Fs, Accopied eo Roms Numbered 20. root Ft. Accounting ana Appopration Ware 0 Corvacing Oca [courtney Lattimore ps oP 5. Senate of Conradng Orica Disc of Comba) Anas Bae = Government of the ict of Columbia ©EP Office of Contracting & Procurement DE OCPZORTT TOODCKA-2015-R-0066 SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST Ba B2 B3 0005 The District of Columbia Office of Contracting and Procurement, on behalf of the District Department of Transportation (the “District”) is seeking a contractor to provide a proposed Streetcar Fare System and the expected revenue capture for the contractor; which would be based on a percentage of ridership in quarterly, monthly or another time interval per the contractor's discretion, or an additional innovative way of revenue capture. The District contemplates award of a fixed price contract with fixed hourly rates (by labor category). REVENUE SCHEDULE/ COST SCHEDULE lQuaRTERLY 10001. _percenTAce OF REVENUE ks JONTHLY (0002 _|peRceNTAGE OF REVENUE lL ) ]003 _|peRCENTAGE OF REVENUE s [0004 _ [other INNOVATIVE REVENUE CAPTURE METHODS Streetcar Mobile Fare System (labor rates) hourly total anticipated Application Development Cost rate budget hours _hours position position position position | position position position position _ GRANDDCKA-2015-R-0066 Ba TOTAL An offeror responding to this solicitation must submit with its proposal, a notarized statement detailing any subcontracting plan required by law. Proposals responding to this RFP shall be deemed nonresponsive and shall be rejected if the offeror fails to submit a subcontracting plan that is required by law. For this contract, no mandatory dollar volume threshold is mandated. Subcontracting goals shall be assessed and subcontracts administered in accordance with section H.9.1.DCKA-2015-R-0066 SECTION C: ‘SPECIFICATIONS/WORK STATEMENT Ca SCOPE ‘The District Department of Transportation's (DDOT) Office of Information Technology and Innovation (OMT!) and Progressive Transportation Services Administration (PTSA) seek the services of a contractor to develop a DC Streetcar Mobile Fare Payment System (MFPS). When the agency opens its DC Streetcar program for revenue service, the MFPS will provide an efficient means of collecting fares from DC Streetcar passengers who choose not to use fare ticket vending machines stationed on DC Streetcar platforms. 1.1 Definitions ACH: Automated Clearing House AES: Advanced Encryption Standard AFC: Automated Fare Card CA: Contract Administrator DDOT: District Department of Transportation FIP: Fare Inspection Personnel ICD: Interface Control Document MFPS: Mobile Fare Payment System NEPP: New Electronic Payments Program NFC: Near Field Communication NTP: Notice to Proceed ITI: Office of Information Technology and Innovation PCI: Payment Card Industry TVM: Ticket Vending Machine WMATA: Washington Metropolitan Area Transit Authority €.2 BACKGROUND DDOT will soon open the H/Benning Line of its DC Streetcar program to revenue service. When DC Streetcar begins revenue service, streetcar passengers will be able to purchase fares through the following methods: © Using cash, credit or debit cards to purchase tickets as proof of payment to board DC Streetcar at ticket vending machines (TVMs) that are stationed on DC Streetcar platforms. These tickets are meant to be kept, and made readily available, during a passenger's trip on DC Streetcar and presented, upon request, to fare inspection personnel (FIP) and/or law enforcement officers). Passengers purchase fares by utilizing the MFPS, which will provide users a secure form of visual confirmation, which users can present to FIP on request through their mobile device. The validity of mobile fare ticket can also be checked by FIP using hand-held electronic device to be equipped. Although, no transfer between DC Streetcar and other public transit services is available initially through the stand alone fare system (TVMs and MFPS), it will be addressed when the DC Streetcar 4DCKA-2015-R-0066 fare payment collection system become part of the regi (NEPP), nal New Electronic Payments Program DDOT has a need for a MEPS because the design of DC Streetcar system. Much like many rail transit. systems with open platforms (for example, Portland Streetcar, MTA Light Rail in Baltimore, Virginia Railway Express), DC Streetcar vehicles have multiple doors for boarding and off-boarding passengers. This alignment makes collecting fares through on-board devices utilized by the bus operations, which are each supervised by an operator, problematic. DDOT has identified the two aforementioned methods of fare collection as the most efficient way to collect fares from passengers under the DC Streetcar system's design. C3 GENERAL REQUIREMENTS 3 The MFPSis.a turnkey project that includes, but is not limited to, the following scope of services: ‘* system design and development services for all hardware and software; # system installation, integration, and testing; * licensing, hosting, and operation and mait * warranty services; * training and documentation; * technical support; and © customer service support. 3.1 MPS shall be based on the latest available technology platform. C.3.2 MFPS shall be flexible and easily scalable to support growth based on consumer adoption. C.3.3 MFPS shall be based on open-standards to the extent feasible. €.3.4 The system shall provide many ways in which the customer can conveniently acquire, pay for and reload value on mobile phones. It shall be presumed that most but not all customers will elect to register their account and it shall be further assumed that the system shall fully accommodate the needs of “unbanked” customers. C35 MEPS shall be forward-compatible with NEPP and with future support for integration with NEpP. C.3.6 The MFPS shall utilize the Washington Metropolitan Area Transit Authority's (WMATA) ‘SmartBenefits functionality. C.3.7__ The system shall also have the potential to support Near Field Communication (NFC) processing at a future date as agreed-upon by the Contractor and DDOT. 3.8 Aphased deployment for the MFPS, including fare products and mobile operating systems, is envisioned to allow for a structured and lower risk implementation. 5DCKA-2015-R-0066 c39 ca cad. C42 C43 C44 cas C46 c4a7 cas cag ‘The MFPS shall be regularly updated to leverage advancements in mobile technologies. SYSTEM DESIGN/PERFORMANCE At a minimum, the MFPS shall meet the following requirements: Operate initially as a standalone mobile ticketing system with potential for future integration and/or interfacing with NEPP and/or integration with interested regional partners. Perform within the varying on-board environmental and lighting conditions experienced on bus and rail vehicles and stations/stops subject to adequate cellular service reception. Function within the environmental conditions experienced in the Washington Metropolitan Region. Shall allow the user to split payment between two credit cards, or a credit card and a ‘SmartBenefits account. Shall allow the user to buy and use tickets with an account. Shall allow for tickets to be used in an online or off- cellular). e environment or dead-zone (Wi- Fi or Shall be supported on the following Operating Platforms: ‘© iOS (Apple); © Android (Google); © Microsoft Phone (Microsoft); and ©. Upto four other platforms, which may include Blackberry. Shall support multiple languages as specified by DDOT. The user display, instructions, and selection keys shall be easy to read, understand, and use. C.4.10 Shall be designed to provide quick, easy, customer-initiated transactions. C.4.11 Shall have selection keys and other hyperlinks that are accessible and responsive. C.4.12 Shall contain screen layouts that are constructed to minimize the likelihood that a user will activate the incorrect key or more than one key with one touch. C.4.13 The Graphic User Interface shall be customized to meet DDOT’s brand standards. C.4.14 Graphics and logos shall be subject to approval by DDOT. C.4.15 Shall quickly process all transactions while being highly accurate and reliable, achieving the following: 6DCKA-2015-R-0066 4.16 caa7 cs cS c5.2 C53 C54 C55 ‘© No less than 99 percent in service availability for all functionality; © No less than 99.9 percent accuracy for all DDOT transactions; * No discrepancies amongst any information reported to DDOT; © Ability to complete repeat customer purchases in 15 seconds or less (initial purchase/account set-up may take longer) under normal cellular data conne conditions; © Ability to “activate” a customer's ticket in two seconds or less, under normal cellular data connectivity conditions; and © Support a minimum of 500 concurrent users for ticket purchases and activations, with additional capacity as needed to ensure a positive customer experience. ity When DDOT deploys electronic scanning devices, electronic verification of MFPS tickets shall be successfully completed in no greater than 750 milliseconds using readily available, commercial scanning devices. Electronic verification by scanners shall be capable in an offline environment. Any time DDOT-specific data (including all information related to DDOT customers) is. transmitted between systems and/or devices, all mobile ticketing related data shall be transmitted in a secure, reliable, and efficient manner. PAYMENT CARD INDUSTRY (PCI) DATA SECURITY ‘The MFPS shall be implemented and operated in a PCI-compliant manner at all times. This may include utilizing architectures that minimize or eliminate the system being subject to the scope of PCI. The MEPS that processes payments and all communications shall be fully compliant with all applicable PCI standards, guidelines, information supplements, etc. at the time of DDOT's design approval. The Contractor shall provide, as part of recurring software maintenance, continual updates to maintain compliance as new versions of the PCI security standards are published. The Contractor shall identify and notify DDOT of any changes to the standards that are instituted between the time of the Notice to Proceed (NTP) and implementation and certify that their software meets these requirements. ‘The Contractor shall furnish documentation not more than 60 days after the NTP to provide full details for compliance with all aspects of applicable current PCI standards. Documentation shall include a statement acknowledging Contractor responsibility for securing cardholder data (refer to Section 12.8 of PCI-Data Security Standard v2) and a copy of the Contractor's data security incident response plan. If the Contractor's design removes certain components (for example, customer application, back office systems, etc.) from the scope of the PCI, the Contractor shall furnish applicable documentation as part of their submission not more than 60 days after NTP.DCKA-2015-R-0066 5.6 The Contractor shall notify DDOT immediately in the event of any breach, or suspected breach, ‘of MFPS data. 6 SECURITY €.6.1 Data security for the mobile ticketing application, system and any interfaces shall employ the most current industry and U.S. government techniques (such as AES) to ensure that all data (online and offline) is safeguarded from unauthorized access or use, and programs are protected from any known cyberattack or computer virus. €.6.2 All customer information (including, but not limited to: financial information, names, addresses, passwords, email addresses) shall be safeguarded from unauthorized access through the use of strong encryption or similar technologies. C7 MOBILE TICKETING SOLUTION 7.1. The Contractor shall be capable of supporting all fare products in the DDOT fare policy either (1) effective at the issuance of the NTP or (2) planned to be effective at the time revenue service begins. DDOT will inform the Contractor of the fare policy to use within 30 days of the date set forth in the NTP. Specific fare products will be agreed-upon during the design review process. The Contractor and DDOT shall determine a schedule to introduce other transit and non-transit fare products. €.7.2. The MFPS shall accommodate a variety of reduced-fares (seniors, persons with disabilities, etc.) as contained in DDOT’s fare policy. The MFPS shall provide controls on the sales of reduced-fare tickets to ensure sufficient accountability of the reduced-fare program and the application shall provide a means for customer input, and DDOT validation, of basic reduced- fare data. 7.3. The MFPS shall support the fare types, products and policies as stated in DDOT’s fare policy Proposed Fare Structure Persons between the ages of five 5 and shy four 64 300 Persons 65 years of age and older, with valid government-issued photo soso identification or a valid Medicare card thattfore) Persons with a valid Metro Access card Free i : 3050 Persons with dsabilities with a valid Metro Disability Identification Card ora valid Medicare card with @ photo identification card thatefre) $050 Attendant ofa person with disability meeting the standards above (rafare) Upto three persons under the age of five @), accompanied by a paying adult Free Persons between the ages of and 22 who attend Kindergarten through 12th Grade in the District, with a valid DC One Student Card, Monday through Friday~ ] Free {rom 5:30 am to 9am and from 21pm to 8 pm when schoo! isin sessionDCKA-2015-R-0066 ca ca. C82 cas C84 cas co co. SMARTBENEFITS Many employers in the Washington Metropolitan region offer their employees a transit benefit to reduce the cost of commuting and to encourage the use of mass transportation. The Federal Transit Benefits program allows qualified federal employees to recover the approximate cost cof commuting to and from work up to prescribed limits when using certain area bus, rail, and vanpool commuter services such as DC Circulator and DC Streetcar. Several other local Jurisdictions, as well as private-sector employers, also offer their employees direct employer- paid benefits or allow employees the optionto purchase transit fare with pre-tax income. ‘SmartBenefits, the region's most common form of transit benefit, is a program managed and operated by WMATA on behalf of the employers and agencies offering these benefits. ‘SmartBenefits can be used towards a variety of transit fares. SmartBenefits can be downloaded directly onto a SmarTrip card to be used on Metrorail or select bus systems. SmartBenefits can also exist as a virtual account which allows you to use the funds on systems that do not accept SmarTrip cards, like DC Streetcar. The dollar value of this monthly benefit is determined by the employer and the latest federal government legislation. Employers can issue these transit benefits to their employees electronically through the SmartBenefits web-based program. ‘The SmartBenefits program lets an employer digitally load the dollar value of an employee's transit benefit directly into the employees SmartBenefits web-based account. The SmartBenefits program also allows employees to apply these funds to a reusable, rechargeable SmarTrip card which can be used to purchase fares from transit agencies, such as WMATA, that accept the SmarTrip card as a direct form of payment. Since DC Streetcar’s fare payment collection system does not accept SmarTrip cards as a direct form of payment, passengers are required to establish a SmartBenefits personal account with ‘WMATA and assign benefits to a DC Streetcar Electronic SmartBenefits vendor. Vendors such as Commuter Direct sell tickets on-line and Commuter Stores allow for in-person sales. FARE INSPECTION / ENFORCEMENT: Electronic verification shall be capable via secure bar codes (e.g. Aztec codes) displayed on mobile smart device screens. However, verification shall initially be performed by visual means and as such the advanced security features shall also be easily interpreted by fare inspection personnel to ensure validity and eliminate fraudulent tickets.DCKA-2015-R-0066 c9.2 C93 C94 C95. C96 C97 C98 9.9 Bar code images shall be secured via encryption or other method to ensure the integrity of issued tickets and the system shall utilize various features to minimize the risk of fraudulent bar codes. ‘The MFPS shall contain a variety of security features to allow for applicable personnel to easily visually identify invalid, expired or fraudulent mobile tickets. The Contractor shall provide potential alternatives to help mitigate the risk of customers making purchases on-board upon the presence of a fare inspector. The DDOT back-office shall record, and be capable of reporting on, all pertinent information of all scanned tickets, including but not limited to date/time, geo-location, inspector/device ID, route, ticket/fare product information, and customer ID/account. Electronic verification by handheld electronic devices shall have settable parameters and business rules for “canceling” tickets and passback controls to restrict the use of a given fare product in a DDOT-determined amount of time. This shall include visual indications to Fare Inspectors as part of Fare Inspector application. The MEPS shall also include an administrative Fare Inspector mobile application to facilitate enforcement of fares on-board vehicles. This application shall enable inspectors to visually and electronically verify fares, and operate on a mobile operating system platform approved by DDOT. Ahhigh level of visual inspection and verification for security purposes is essential. Visual enforcement mechanisms shall incorporate dynamic images to aide inspection personnel in easily verifying ticket validation. Handheld electronic devices with scanning function, including those provided by the Contractor, shall utilize the Fare Inspector application to electronically scan and validate MFPS tickets. In addition, the devices shall be programmed in a way to be able to interact with portable printing devices for the Fare Inspector(s) to use for multiple purposes, including but not limited to fare evasion citation, receipt, and fare ticket. Handheld electronic devices shall be commercially available third party products and not proprietary devices. The handheld devices shall accept upgrades to the applications and operating system software without requiring replacement or modification of hardware. 9.10 The Contractor shall develop and provide to DDOT all hardware and operation system specification requirements. This shall include all relevant standards for mobile ticketing scanners shall DDOT decide to procure such devices separately. These requirements shall cover devices used to electronically verify mobile tickets on customers’ mobile smart devices. Handheld devices shall also be included, as well as for potential future use, scanning function to be integrated into standalone validators at locations and/or streetcar stops chose by DDOT. C.9.11 Multiple different devices shall be able to be used by DOT as fare validation devices, with scanning function, without software modification. Under no circumstance and at no time shall 10DCKA-2015-R-0066 only a single type of device (whether fixed or mobile) be available for validating the mobile ticket. C.9.12 If DDOT decides to procure handheld devices separately, the Contractor shall use all commercially reasonable efforts to cooperate with any third-party manufacturer chosen by DDOT through a competitive process. €.9.13 Hardware warranty for handheld devices shall be included as part of ongoing charges for the Base Term of the Contract. ©.10 PAYMENT PROCESSING 10.1 The Contractor shall be responsible for the development, testing and certification of the interface to District’s existing acquirer/processor, to securely collect, process and settle all purchase transactions in accordance with all applicable financial industry standards. C.10.2 While the Contractor shall support interfacing with the District’s processor, the Contractor may propose alternative acquiring/processing service providers(s) to process payment transactions {as a party to the Contract. DDOT will select the provider at the time the Contract is awarded. €.10.3 The MFPS shall enable for a nightly deposit of funds into District’s specific bank account. C.10.4 The MFPS shall allow for reconciliation by agency for all sales and support multiple merchant IDs for each agency that is part of the system. €.10.5 Software resident on the system to accommodate electronic payments shall conform to applicable ABA, ISO/IEC, federal regulations (including Federal Reserve Board Regulations “E” and “Z”), and standards for electronic payment processing. C.11_ BACK-END DATA MANAGEMENT / REPORTING C.11.1 Web-based report capabilities shall provide or enable the following: ‘© Sales and financial reports that itemize for each transaction the following: payment method, value, payment type (credit card, debit card, ACH Account, PayPal account, etc.), ticket type, passenger type, and other necessary information; © Usage reports that provide information on all electronic scans of tickets, whether by fare inspectors using handheld devices or by customer use of tickets at fixed scanners * Detailed analysis into mobile-specific data, such as the customer's technology profile (for example, device, operating system, network, etc.), locations of use of the application and the functionality used by customers; and * Full reconciliation by agency (sales, usages, refunds, etc). 11.2 The MFPS shall provide periodic (at least daily) raw data files containing all data for each transaction for DOT's analysis, subject to PCI compliance. DDOT envisions eventually integrating MFPS data into the central databases of its current and/or future AFC system. If DDOT decides to proceed forward with this integration, the Contractor shall use all commercially reasonable efforts to cooperate with DDOT’s AFC system provider. iDCKA-2015-R-0066 ca13 cz C12 C124 C122 C123 c124 C13 C134 C.13.2 C133 The Contractor shall provide an Interface Control Document (ICD) of the data files that will be available for Phase 1, The ICD shall be revised as needed based on design reviews and/or additional updates to the system as agreed between DDOT and the Contractor. An initial ICD shall be provided as part of the design review process. WEB-BASED SERVICES In addition to the web-based reporting capabilities described herein, the MFPS shall provide a variety of web-based services to include the followit Customer Web-Portal: Secure website with comprehensive tools to enable customers to perform a variety of functions, including, but not limited to, registration, account look-up, ticket purchases, view transactions, and print-at-home ticketing. Customer Service: Comprehensive tools to enable the Contractor or DDOT personnel to search customer accounts, issue refunds, cancel issued tickets, and re-issue purchased fare products, etc. Problem Reporting: Comprehensive tools to allow DDOT and the Contractor's personnel to report technical issues and track through resolution. System Configuration: Comprehensive tools to enable DDOT personnel to manage fare products, pricing, branding, etc. to manage the mobile ticketing solution. The tools shall also support tariff modifications and maintenance to permit DDOT to add, delete and modify fares and other electronic products to meet their needs, including non-transit products. This shall be provided to personnel with the appropriate high-security password and privileges. Each agency shall be able to have control over agency-specific configurations, and a “super administrator” role shall be capable of managing data for all agencies. NEW ELECTRONIC PAYMENTS PROGRAM (NEPP) ‘The MFPS shall interface with the future NEPP seamlessly. The specific work and cost for this integration shall be agreed upon in the future and the Contractor shall use all commercially reasonable efforts to cooperate and work with the NEPP Contractor for integration with the NEPP. Until this future integration with the NEP, the MEPS shall primarily operate as a stand-alone solution _including back-office systems to capture, record, and process purchase, usage, and verification data, with appropriate interfacing and data feeds to participating transit agencies for financial settlement, reporting, and customer service purposes. For general use and information, the Contractor shall refer to WMATA’s NEPP Technical Specification, which is available at: http://www.wmata.com/business/procurement_and_contracting/solicitations/v iew.cfm?solicitation_id=2961 12DCKA-2015-R-0066 €.13.4 Future interface with the NEPP is envisioned in the following two scenarios: 1. SmartBenefits shall continue to be supported seamlessly upon implementation of the NEPP; and 2. Under the NEPP, DDOT customers will be able to maintain a prepaid NEPP transit account as a payment method to purchase DDOT mobile tickets. C.14 NEAR-FIELD COMMUNICATION (NFC) €.14.1 The MFPS shall have the potential to support Near Field Communication (NFC) processing, including the potential for “tag-on” and “tag-off” at stops/stations, at a__ future date as agreed-upon by the Contractor and DDOT. C.14.2 DDOT will work with the Contractor based on the Contractor's specific timeline to update overall platforms for NFC support. C.14.3 The specific work and cost for this integration shall be agreed upon in the future. C15 CUSTOMER SUPPORT C.15 The Contractor shall provide the following customer support functions: ‘© Web-based on-line tools for DDOT customer service agents to investigate and resolve customer issues, including refunds when justified; ‘© Training for customer support agents in the use of the tools; ‘© Training to enable DDOT technical staff to provide support to customer service personnel; * Support for customer and technical issues that cannot be resolved by DDOT personnel using the tools and training provided by the Contractor; and * Direct means of contact (24 hours/ 7 days) for emergency situations of issues affecting the overall MFPS. 13DCKA-2015-R-0066 SECTION D: PACKAGING AND MARKING NA 14DCKA-2015-R-0066 SECTION E: INSPECTION AND ACCEPTANCE El The inspection and acceptance requirements for this contract shall be governed by clause number five (5) Inspection of Supplies and clause number six (6), Inspection of Services of the Government of the District of Columbia's Standard Contract Provisions for use with Supplies and Services Contracts, dated March 2007. (Attachment J.1) DDOT expects to procure contract support from a company experienced in ITS and software implementation to represent the interests of the District in inspection and acceptance of the CapTOP software, its components, and its implementation. DDOT reserves the right to additionally perform such tasks with either DDOT staff or staff services procured independently. 15DCKA-2015-R-0066 SECTION DELIVERIES AND PERFORMANCE F.1 TERMOF CONTRACT The term of the contract shall be for a period of one (1) year from date of award. F.2. OPTION TO EXTEND THE TERM OF THE CONTRACT F.2. The District may extend the term of this contract for an additional two (2) one year option periods, by written notice (the “Renewal Notice”) to the Contractor before the expiration of the contract; provided that the District /e the Contractor preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the District to an extension. The exercise of this option is subject to the availability of funds at the time of the exercise of this option. The Contractor may waive the thirty (30) day preliminary notice requirement by providing a written waiver to the Contracting Officer prior to expiration of the contract. F.2.2 If the District exercises the option, the extended contract shall be considered to include this option provision. F.3. DELIVERABLES The Contractor shall perform the activities required to successfully complete the District's requirements and submit each deliverable to the Contact Administrator (CA) identified in section G.9 in accordance with the following: sow Deliverable Format/Method | Quantity | Due Date Reference of Delivery 01 Weekly PDF document | Recurring | Within 30 days of Report/Updates contract award 02 Project Plan PDF document | Within two weeks of ject kickoff meeting 16DCKA-2015-R-0066 SECTION G.1 INVOICE PAYMENT CONTRACT ADMINISTRATION 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 30” day after receiving a proper invoice from the Contractor. G.2__ INVOICE SUBMITTAL 2.1 The Contractor shall submit proper invoices on a monthly basis or as otherwise specified in Section G.4. Invoices shall be prepared in duplicate and submitted to the agency Chief Financial Officer with concurrent copies to the Contracting Officer's Technical Representative (COTR) specified in Section G.9 below. The address of the CFO is: District Department of Transportation Office of the Controller/Agency CFO 55 M Street, SE, Suite 700 Washington, DC 20003 ‘Telephone 202-671-2270 2.2 To constitute a proper invoice, the Contractor shall submit the following information on the invoice: 6.2.2.1 Contractor’s name, federal tax ID and invoice date (date invoices as of the date of mailing or transmittal); G.2.2.2 Contract number and invoice number; G.2.2.3 Description, price, quantity and the date(s) that the supplies or services were delivered or performed; G.2.2.4 Other supporting documentation or information, as required by the Contracting Officer; 6.2.2.5 Name, title, telephone number and complete mailing address of the responsible official to whom payment is to be sent; 6.2.2.6 Name, title, phone number of person preparing the invoice; 6.2.2.7 Name, identifier itle, phone number and mailing address of person (if different from the person G.2.2.6 above) to be notified in the event of a defective invoice; and 7DCKA-2015-R-0066 6.2.2.8 Authorized signature. G.3_ FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and First Source Employment Agreement requirements, final request for payment must be accompanied by the report or a waiver of compliance discussed in section H.5.5. G.3.2._No final payment shall be made to the Contractor until the agency CFO has received the Contracting Officer's final determination or approval of waiver of the Contractor’s compliance with 51% District Residents New Hires Requirements and First Source Employment Agreement requirements G3 PAYMENT G3. G313 G32 The District will pay the Contractor on a percent completion basis of the contract's fixed price. Payments will be made based on the actual work completed by the Contractor. The District will pay the Contractor a loaded fixed hourly rate for the services set forth Section J.9, not to exceed the estimated sum set forth in Section G.3.1.3. The loaded fixed hourly rate must include a rate for all the key personnel categories as well as other work classifications which may be necessary to perform the services. ‘The Contractor shall provide a loaded fixed hourly rate for the contract period. The Contract Administrator will authorize payment on a monthly or quarterly basis of the actual work performance of the aggregate amount of the contract. The Contract Administrator will do quarterly assessments of the Contractors progress commensurate to the YTD payment amount. ‘The total quantity will be ordered based on the current rate information available. The District shall not reimburse the Contractor for unauthorized expenses in excess of the estimated amount. ‘The District guarantees a minimum order of one (1) billable hour of the chief executive officer per awarded contract per year regardless of the number of categories for which the Contractor is selected. 18DCKA-2015-R-0066 G.4__ ASSIGNMENT OF CONTRACT PAYMENTS 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.4.2. Any assignment shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party. G.4.3 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.5_ THE QUICK PAYMENT CLAUSE G.5.1_ Interest Penalties to Contractors G.5.1.1 The District will pay interest penalties on amounts due to the Contractor under the Qu Payment Act, D.C. Official Code §2-221.01 et seq,, 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 1% 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: a) the 3" day after the required payment date for meat or a meat product; b) the 5" day after the required payment date for an agricultural commodity; or c) the 15" day after the required payment date for any other item. G.5.1.2 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.5.2. Payments to Subcontractors G.5.2.1 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 this contract: a) Pay the subcontractor for the proportionate share of the total payment received from the District that is attributable to the subcontractor for work performed under the contract; or 19DCKA-2015-R-0066 65.2.2 65.2.3 65.24 G53 6.6.3.1 Gé b) Notify the District and the subcontractor, in writing, of the Contractor's intention to withhold all or part of the subcontractor’s payment and state the reason for the nonpayment. The Contractor must pay any subcontractor or supp! 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 1% 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: a) the 3" day after the required payment date for meat or a meat product; b) the 5" day after the required payment date for an agricultural commodity; or c) the 15" day after the required payment date for any other item. 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. 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 of Columbia is a party. The District of Columbia may not be interpleaded in any judicial or administrative proceeding involving such a dispute. ‘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) of D.C. Official Code §2-221.02(d). 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: Steven H. Wishod Associate Procurement Officer, Priority Special Projects Government of the District of Columbia Office of Contracting and Procurement (OCP) supporting the District Department of Transportation (DDOT) 55 M Street SE, 7th floor Washington, DC 20003 202-671-2270 (main) steven.wishod@dc.gov 20DCKA-2015-R-0066 G.7__ AUTHORIZED CHANGES BY THE CONTRACTING OFFICER G.7.1. The CO is the only person authorized to approve changes in any of the requirements of this, contract. G.7.2. 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.7.3_ 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.8 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR) G.8.1. The COTRis responsible for general administration of the contract and advising the CO as to the Contractor's compliance or noncompliance with the contract. The COTR 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. These include: G.8.1.1 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; G.8.1.2Coordinating site entry for Contractor personne, if applicable; G.8.1.3Reviewing invoices for completed work and recommending approval by the CO if the Contractor's costs are consistent with the negotiated amounts and progress is satisfactory and commensurate with the rate of expenditure; G.8.1.4Reviewing 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 G.8.1.5Maintaining a file that includes all contract correspondence, modifications, records of inspections (site, data, equipment) and invoice or vouchers. G.8.2. The address and telephone number of the COTR is: Howard Chang, Streetcar Fare Project Manager PTSA| DDOT 55M St, SE Suite 500 Washington, OC 20003 202.671.3025 (desk) howard.chang@dc.gov 21DCKA-2015-R-0066 G.8.3. The COTR 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, Authorize the expenditure of funds by the Contractor; Change the period of performance; or 6. Authorize the use of District property, except as speci ye id under the contract. 6.8.4 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. 22DCKA-2015-R-0066 SECTION H: SPECIAL CONTRACT REQUIREMENTS H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES. H.1.1 For all new employment resulting from this contract or subcontracts hereto, as defined in Mayor's Order 83-265 and implementing instructions, the Contractor shall use its best efforts to comply with the following basic goal and objectives for utilization of bona fide residents of the District of Columbia in each project's labor fore H.1.1.1 At least fifty-one (51) percent of apprentices and trainees employed shall be residents of the District of Columbia registered in programs approved by the District of Columbia Apprenticeship Council. H.1.2 The Contractor shall negotiate an Employment Agreement with the Department of Employment Services (“DOES”) for jobs created as a result of this contract. The DOES shall be the Contractor’ first source of referral for qualified apprentices and trainees in the implementation of employment goals contained in this clause. H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS The Contractor shall be bound by the Wage Determination No. No. (2005-2012, Revision 16, dated 78/2015, issued by the U.S. Department of Labor in accordance with the Service Contract Act, 41 U.S.C. §351 et seq., and incorporated herein as Section J.2. The Contractor shall be bound by the wage rates for the term of the contract subject to revision as stated herein and in accordance with Section 24 of the SCP. If an option is exercised, the Contractor shall be bound by the applicable wage rates at the time of the option. If the option is exercised and the CO obtains a revised wage determination, the revised wage determination is applicable for the option periods and the Contractor may be entitled to an equitable adjustment. H.3 PUBLICITY ‘The Contractor shall at all times obtain the prior written approval from the CO before it, any of its officers, agents, employees or subcontractors, either during or after expiration or termination of the contract, make any statement, or issue any material, for publication through any medium of communication, bearing on the work performed or data collected under this contract. H.4_ FREEDOM OF INFORMATION ACT The District of Columbia Freedom of Information Act, at D.C. Official Code §2-532 (a-3), requires the District to make available for inspection and copying any record produced or collected pursuant to a District contract with a private contractor to perform a public. function, to the same extent as if the record were maintained by the agency on whose behalf the contract is made. If the Contractor receives a request for such information, the Contractor shall immediately send the request to the COTR who will provide the request to 23DCKA-2015-R-0066 the FOIA Officer for the agency with programmatic responsibility in accordance with the D.C. Freedom of Information Act. If the agency with programmatic responsibility receives a request for a record maintained by the Contractor pursuant to the contract, the COTR will forward a copy to the Contractor. In either event, the Contractor is required by law to provide all responsive records to the COTR within the timeframe designated by the COTR. The FOIA Officer for the agency with programmatic responsibility will determine the releasability of the records. The District will reimburse the Contractor for the costs of searching and copying the records in accordance with D.C. Official Code §2-532 and Chapter 4 of Title 1 of the D.C. Municipal Regulations. H.5 51% District Residents New Hires Requirements and First Source Employment Agreement 45.1 H5.2 5.3 5.4 H5.5 H5.6 For contracts for services in the amount of $300,000 or more, the Contractor shall comply with the First Source Employment Agreement Act of 1984, as amended, D.C. Official Code §2- 219.01 et seq. ("First Source Act”) The contractor shall enter into and maintain during the term of the contract, a First Source Employment Agreement (Employment Agreement) with the District of Columbia Department, of Employment Service's (DOES), in which the Contractor shall agree that: H.5.2.1 The first source for finding employees to fill all jobs created in order to perform this contract shall be the First Source Register; and 1.5.2.2. The first source for finding employees to fill any vacancy occurring in all jobs covered by the Employment Agreement shall be the First Source Register. The Contractor shall not begin performance of the contract until its Employment Agreement has been accepted by DOES. Once approved, the Employment Agreement shall not be ‘amended except with the approval of DOES. The contractor agrees that at least 51% of the new employees hired to perform this contract shall be District residents. The Contractor's hiring and reporting requirements under the First Source Act and any rules promulgated thereunder shall continue for the term of the contract. With the submission of the contractor's final request for payment from the District, the Contractor shall: 1.5.6.1 Document in a report to the CO its compliance with its Employment Agreement; or H.5.6.2 Submit a request to the CO for a waiver of compliance with its Employment ‘Agreement, which must include the following documentation: (2) Material supporting a good faith effort to comply; {b) Referrals provided by DOES and other referral sources; and 24DCKA-2015-R-0066 (c) Advertisement of job openings listed with DOES and other referral sources. H.5.7. The CO may waive the provisions of its Employment Agreement if the CO finds that: H.5.7.1. DOES has certified that the contractor has demonstrated a good faith effort to comply; H5.7.2 (a) The Contractor is located outside the Washington Standard Metropolitan Statistical Area which includes the District of Columbia; the Virginia Cities of Alexandria, Falls Church, Manassas, Manassas Park, Fairfax, and Fredericksburg, the Virginia Counties of Fairfax, Arlington, Prince William, Loudoun, Stafford, Clarke, Warren, Fauquier, Culpeper, Spotsylvania, and King George; the Maryland Counties of Montgomery, Prince Georges, Charles, Frederick, and Calvert; and the West Virginia Counties of Berkeley and Jefferson; {b) None of the contract work was performed inside the Washington Standard Metropolitan Statistical Area; (e)__ The contractor published each job opening or part-time work needed for seven (7) calendar days in a District newspaper of city-wide circulation; and (4) DOES certifies that there are insufficient eligible applicants from the First Source Register that possess the skills required by the positions, or the eligible applicants are not available for part-time work or do not have the means to travel to the onsite job; or H.5.7.3_ The Contractor enters into a special workforce development training or placement arrangement with DOES. H.5.8 The CO may impose penalties, including monetary fines of 5% of the total amount of the direct and indirect labor costs of the contract, for a willful breach of the Employment Agreement, failure to submit the required hiring compliance reports, or deliberate submission of falsified data. H.5.9 If the contractor does not receive a good faith waiver, the CO may also impose an additional penalty equal to 1/8 of 1% of the total amount of the direct and indirect labor costs of the contract for each percentage by which the contractor fails to meet its hiring requirements. H.5.10 Any contractor which violates, more than once within a 10-year timeframe, the hiring or reporting requirements of the First Source Act shall be referred for debarment for not more than five (5) years. H.5.11 The contractor may appeal any decision of the CO pursuant to this clause to the D.C. Contract Appeals Board as provided in clause 14 Disputes. H.5.12 The provisions of the First Source Act do not apply to nonprofit organizations which employ 50 employees or less. 25DCKA-2015-R-0066 He 47 SECTION 504 OF THE REHABILITATION ACT OF 1973, as amended. During the performance of the contract, the Contractor and any of its subcontractors shall comply with Section 504 of the Rehabilitation Act of 1973, as amended. This Act prohibits discrimination against disabled people in federally funded programs and activities. See 29 USC. § 794 et seq. AMERICANS WITH DISABILITIES ACT OF 1990 (ADA) During the performance of this contract, the Contractor and any of its subcontractors shall comply with the ADA. The ADA makes it unlawful to discriminate in employment against a qualified individual with a disability. See 42 U.S.C. §12101 et seq. H.8 WAYTO WORK AMENDMENT ACT OF 2006 H.8.1 H8.2 48.3 H8.4 H.8.5 48.6 H8.7 H.8.8 Except as described in H.8.8 below, the Contractor shall comply with Title | of the Way to Work ‘Amendment Act of 2006, effective June 8, 2006 (D.C. Law 16-118, D.C. Official Code §2-220.01 et seq.) ("Living Wage Act of 2006”), for contracts for services in the amount of $100,000 or more ina 12-month period. The Contractor shall pay its employees and subcontractors who perform services under the contract no less than the current living wage published on the OCP website at www.ocp.de.gov. The Contractor shall include in any subcontract for $15,000 or more a provision requiring the subcontractor to pay its employees who perform services under the contract no less than the current living wage rate. ‘The DOES may adjust the living wage annually and the OCP will publish the current I rate on its website at www.ocp.dc.gov. ing wage The Contractor shall provide a copy of the Fact Sheet attached as J.6 to each employee and subcontractor who performs services under the contract. The Contractor shall also post the Notice attached as J.5 in a conspicuous place in its place of business. The Contractor shall include in any subcontract for $15,000 or more a provision requiring the subcontractor to post the Notice in a conspicuous place in its place of business. The Contractor shall maintain its payroll records under the contract in the regular course of business for a period of at least three (3) years from the payroll date, and shall include this requirement in its subcontracts for $15,000 or more under the contract. The payment of wages required under the Living Wage Act of 2006 shall be consistent with and subject to the provisions of D.C. Official Code §32-1301 et seq. The requirements of the Living Wage Act of 2006 do not apply to: 26DCKA-2015-R-0066 48.9 Ho 49.1 HOLA (1) Contracts or other agreements that are subject to higher wage level determinations required by federal law; (2) Existing and future collective bargaining agreements, provided, that the future collective bargaining agreement results in the employee being paid no less than the established living wage; (3) Contracts for electricity, telephone, water, sewer or other services provided by a regulated utility; (4) Contracts for services needed immediately to prevent or respond to a disaster or eminent threat to public health or safety declared by the Mayor; (5) Contracts or other agreements that provide trainees with additional services including, but not limited to, case management and job readiness services; provided that the trainees do not replace employees subject to the Living Wage Act of 2006; (6) An employee under 22 years of age employed during a school vacation period, or enrolled as a full-time student, as defined by the respective institution, who is in high school or at an accredited institution of higher education and who works less than 25 hours per week; provided that he or she does not replace employees subject to the Living Wage Act of 2006; (7) Tenants or retail establishments that occupy property constructed or improved by receipt of government assistance from the District of Columbia; provided, that the tenant or retail establishment did not receive direct government assistance from the District; (8) Employees of nonprofit organizations that employ not more than 50 individuals and qualify for taxation exemption pursuant to section 501(c)(3) of the Internal Revenue Code of 1954, approved August 16, 1954 (6BA Stat. 163; 26 U.S.C. § 501(c)(3); id provider agreements for direct care services to Medicaid recipients, provided, irect care service is not provided through a home care agency, a community residence facility, or a group home for mentally retarded persons as those terms are defined in section 2 of the Health-Care and Community Residence Facility, Hospice, and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code § 44-501); and (10) Contracts or other agreements between managed care organizations and the Health Care Safety Net Administration or the Medicaid Assistance Administration to provide health services. ‘The Mayor may exempt a contractor from the requirements of the Living Wage Act of 2006, subject to the approval of Council, in accordance with the provisions of Section 109 of the Living Wage Act of 2006. SUBCONTRACTING REQUIREMENTS Mandatory Subcontracting Requirements ‘The District of Columbia has established a small, local or disadvantaged business goal of 115% for this procurement. A prime contractor which is certified as a small, local or disadvantaged enterprise shall be deemed to have met this goal. 27