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DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY

ATTACHMENT D

SPECIAL PROVISIONS

GOODS AND SERVICES CONTRACTS

RFP 16-PR-DIT-61

Space Management Solution

Attachment D: Special Provisions

  1. Type of Contract

The contract awarded under this RFP shall be Firm Fixed Price.

  1. Cancellation of Orders

Purchases made under this contract are for the software specified herein. Time is of the essence in furnishing the goods ordered. DC Water reserves the right to cancel this order and/or refuse delivery of software if the implantation expectations are not met with the time specified in the contract.

  1. Time of Delivery Essential

Time of delivery is of the essence. Any extension in time of performance will require the advance written approval of DC Water.

  1. Quantity Increase/Decrease:

The quantities specified in the Schedule of Prices are estimates only. DC Water reserves the right to increase or decrease the unit quantity. Payment for additional quantities will be at the unit price on the Price Schedule. Furthermore, any equipment purchased during the contract after expiration of the warranty shall be added to the contract.

  1. Payment and Invoices:
  2. Invoices will be submitted and paid as indicated on the purchase orders.

5.2.Contractor shall submit invoices in duplicate, (original and one (1) copy). Invoices must containthe following:

  1. Contract No.;
  2. Purchase Order No.;
  3. Period of service covered by the invoice (billing period);

5.3.Invoices shall be mailed in duplicate to the address below:

The District of Columbia Water and Sewer Authority

Accounts Payable

5000 Overlook Avenue, SW, Fourth Floor

Washington, D C 20032

Invoices can also be emailed to .

5.4.The contractor shall prepare verification data of any items questioned for the amount claimed and provide complete cooperation during such investigation.

  1. Contract Administration:
  2. Contracting Officer: The Contracting Officer is the only person authorized to contractually bind

the Authority. The Contracting Officer shall be the General Manager or designee, District of

Columbia Water and Sewer Authority, 5000 Overlook Ave., SW., 3rd floor, Washington, DC

20032.

  1. The Contracting Officer Technical Representative (COTR) is designated by the Contracting

Officer as the liaison between the contractor's management and the Contracting Officer in

routine matters constituting general program direction within the scope of the contract. The

COTR(s) for the contract(s) awarded will be designated at time of award or shortly thereafter.

  1. DC Water Inspections:

DC Water reserves the right to inspect all items delivered and to witness any tests performed on the equipment.

  1. Delivery Charges:

If reimbursement for shipment by express of freight is authorized a copy of the express or freight bill originally receipted by carrier should be forwarded to the location stated on the face of the purchase order form and must contain the DC Water purchase order number. If reimbursement for shipment by parcel post is authorized, a billing denoting the weight of the package and point of shipment should be forwarded to the location state on purchase order form and must refer to the DC Water purchase order number.

  1. Compliance With Local, State, And Federal Rules, Regulations And Laws:

The Contractor shall comply with all applicable rules, regulations, laws, orders, and codes of the Federal, States, and local governments as they pertain to this contract.

  1. Warranty:

The Contractor warrants that all services performed by the Contractor, its agents and subcontractors shall be free and clear of any defects in workmanship or materials. Unless otherwise stated in the contract, all services and parts are warranted for a period of one year following completion of performance by the Contractor and acceptance by DC Water. The Contractor shall correct any problem with the service and/or replace any defective part with a part of equivalent or superior quality without any additional cost to DC Water.

  1. Rights In Data:
  2. “Data”, as used herein, means recorded information, regardless of the form or media on which it may be recorded. The term includes technical data and computer software. The term does

not include information incidental to contract administration, such as financial, administrative, cost, or pricing, or management information. All data first produced in the performance of this contract shall be the sole property of the Authority. The Contractor hereby acknowledges that all data including, without limitation, computer program codes produced by the Contractor for the Authority, under this contract are works made for hireand are the sole property of the Authority, but, to the extent any such data may not, by operation of law, be works made for hire, the Contractor hereby transfers and assigns to the Authority the ownership of copyright in such works, whether published or unpublished.

  1. The Contractor agrees to give the Authority all assistance necessary to perfect such rights including, but not limited to, the works and supporting documentation and the execution of any instrument required to register copyrights.

11.3.The Contractor agrees not to assert any rights at common law or in equity in such data. The Contractor shall not publish or reproduce such data in whole or part or any manner or form, or

authorize others to do so, without the written consent of the Authority until such time as the

Authority may have released such data to the public. The Authority shall not unreasonably

withhold consent to the Contractor’s request to publish or reproduce data in professional

journals.

END OF SPECIAL PROVISIONS

RFP 16-PR-DIT-61 – Space Management Solution

Attachment D: Special Provisions