District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0265 Compare Versions

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1- ENROLLED ORIGINAL
2-
3-
4-
5-
6- 1
7-AN ACT
8-
9-__________
10-
11-
12-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13-
14-__________________
15-
16-
17-To approve, on an emergency basis, Contract No. GAGA-2022-C-0259 with SodexoMagic,
18-LLC, and Modification Nos. 1, 2, 3, 4, 5, 6, 7, and 8 thereto, for food service
19-management at the District of Columbia Public Schools, and to authorize payment for the
20-goods and services received and to be received under that contract.
21-
22- BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
23-act may be cited as the “Contract No. GAGA-2022-C-0259 with SodexoMagic, LLC Approval
24-and Payment Authorization Emergency Act of 2023”.
25-
26-Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act, approved
27-December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51), and notwithstanding the
28-requirements of section 202 of the Procurement Practices Reform Act of 2010, effective April 8,
29-2011 (D.C. Law 18-371; D.C. Official Code § 2-352.02), the Council approves Contract No.
30-GAGA-2022-C-0259 with SodexoMagic, LLC, and Modification Nos. 1, 2, 3, 4, 5, 6, 7, and 8
31-thereto, for food service management at the District of Columbia Public Schools and authorizes
32-payment in the total not-to-exceed amount of $36,557,426.35 for goods and services received
33-and to be received under the contract.
34-
35- Sec. 3. Fiscal impact statement.
36- The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
37-impact statement required by section 4a of the General Legislative Procedures Act of 1975,
38-approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
39-
1+MURIEL BOWSER
2+MAYOR
3+April 24, 2023
4+Honorable Phil Mendelson
5+Chairman
6+Council
7+of the District of Columbia
8+John
9+A. Wilson Building
10+1350 Pennsylvania Avenue, NW, Suite 504
11+Washington, DC 20004
12+Dear Chairman Mendelson:
13+Enclosed for consideration and enactment by the Council
14+of the District of Columbia is an
15+emergency bill, the "Contract No. GAGA-2022-C-0259 with SodexoMagic, LLC Approval and
16+Payment Authorization Emergency Act
17+of 2023", along with the accompanying emergency
18+declaration resolution.
19+The legislation will approve Contract No. GAGA-2022-C-0259 with SodexoMagic, LLC, and
20+Modification Nos.
21+1, 2, 3, 4, 5, 6, 7, and 8 thereto, and authorize payment under the contract and
22+modifications for goods and services received and
23+to be received for a District of Columbia Public
24+Schools food service.
25+As always, my administration is available
26+to discuss any questions you may have regarding this
27+contract.
28+In order to facilitate a response to any questions, please have your staff contact La Veta
29+Hilton, Deputy Chief Procurement Officer, Contracts and Acquisitions, District
30+of Columbia
31+Public Schools, at (202) 442-5136.
32+I urge the Council to take prompt and favorable action on the enclosed legislation.
33+Sincerely, ~ ~?.:.:::--
34+3 at the request of the Mayor
35+4
36+5
37+6
38+7 AB~L
39+8
40+9
41+10
42+11
43+12 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
44+13
45+14
46+15
47+16 To approve, on an emergency basis, Contract No. GAGA-2022-C-0259 with
48+17 SodexoMagic, LLC, and Modification Nos. 1, 2, 3, 4, 5, 6, 7, and 8 thereto, for
49+18 food service management at the District of Columbia Public Schools, and to
50+19 authorize payment for the goods and services received and to be received under
51+20 that contract.
52+21
53+22 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
54+23 That this act may be cited as the "Contract No. GAGA-2022-C-0259 with SodexoMagic,
55+24 LLC Approval and Payment Authorization Emergency Act of 2023".
56+25 Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act,
57+26 approved December 24, 1973 (87 Stat. 803; D.C. Official Code§ 1-204.51), and
58+27 notwithstanding the requirements of section 202(a) of the Procurement Practices Reform
59+28 Act of2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code§ 2-
60+29 352.02(a)), the Council approves Contract No. GAGA-2022-C-0259 with SodexoMagic,
61+30 LLC, and Modification Nos. 1, 2, 3, 4, 5, 6, 7, and 8 thereto, for food service
62+31 management at the District of Columbia Public Schools, and authorizes payment in the
63+32 total not-to-exceed amount of $36,557,426.35 for goods and services received and to be
64+33 received under the contract and modifications.
65+34 Sec.
66+3. Fiscal impact statement. 35 The Council adopts the fiscal impact statement of the Chief Financial Officer as
67+36 the fiscal impact statement required by section 4a of the General Legislative Procedures
68+37 Act
69+of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code§ 1-
70+38 301.47a).
71+39
4072 Sec. 4. Effective date.
41-This act shall take effect following approval by the Mayor (or in the event of veto by the
42-Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
43-90 days, as provided for emergency acts of the Council of the District of Columbia in section
44-
45- ENROLLED ORIGINAL
46-
47-
48-
49-
50- 2
51-412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
52-D.C. Official Code § 1-204.12(a)).
53-
54-
55-
56-
57-______________________________
58-Chairman
59-Council of the District of Columbia
60-
61-
62-
63-
64-_________________________________
65-Mayor
66-District of Columbia
67-
68-
69-
70-
73+40 This act shall take effect following approval by the Mayor ( or in the event
74+of veto
75+41 by the Mayor, action by the Council to override the veto), and shall remain in effect for
76+42 no longer than 90 days, as provided for emergency acts of the Council of the District of
77+43 Columbia in section 412(a) of the District of Columbia Home Rule Act, approved
78+44 December 24, 1973 (87 Stat. 788; D.C. Official Code§ 1-204.12(a)).
79+2 1Pa DISTRICT OF' COLUMBIA
80+,~ PUBLIC SCHOOLS
81+OFFICE OF CONTRACTS AND ACQUISITIONS
82+1200 First Street, NE, 11th Floor, Washington, DC 20002
83+202-442-5112/ FAX 202-442-6105
84+Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
85+Official
86+Code§ 2-352.02(c), the following contract summary is provided:
87+COUNCIL CONTRACT SUMMARY
88+(Letter Contract/Retroactive Contract)
89+Contract for Food Services Management Company (FSMC)
90+(A) Contract Number:
91+Proposed Contractor:
92+Contract Amount:
93+Unit
94+and Method of Compensation:
95+Term
96+of Contract:
97+Type
98+of Contract:
99+Source Selection Method:
100+GAGA-2022-C-0259
101+SodexoMagic LLC
102+Not-to-Exceed amount: $36,557,426.35
103+Requirements Contract with Fixed Unit
104+Price CLINs
105+July
106+5, 2022, through June 30, 2023
107+Requirements with Fixed Price CLINs
108+Sole Source
109+(B) For a contract containing option periods, the contract amount for the base period
110+and for each option period. If the contract amount for one or more of the option
111+periods differs from the amount for the base period, provide an explanation
112+of the
113+reason for the difference:
114+Base Period
115+Current Not-to-Exceed Amount: $36,557,426.35
116+Base Period 7/1/2022-6130/2023
117+Option Year 001 Proposed Not-to-Exceed Amount: NIA
118+Explanation of difference from base period: NI A.
119+(C) The date on which the letter contract or emergency contract was executed: The Letter Contract ("Letter Contract") was executed by the District of Columbia Public
120+Schools (DCPS) on July
121+1, 2022, with an effective date of July 1, 2022, through
122+September 30, 2022.
123+Modification
124+O 1 to the Letter Contract was executed on July l, 2022, to correct the Contract
125+Number from GAGA-2016-C-0036A-2
126+to GAGA-2022-C-0259 and to change the start
127+date
128+of the period of performance to July 5, 2022.
129+Modification 02
130+to the Letter Contract was executed on September 30, 2022, to extend
131+the Letter Contract from September 30, 2022, through October 31, 2022, and increase the
132+amount
133+of the Letter Contract from $6,641,047.03 to $10,389,749.57.
134+Modification
135+03 to the Letter Contract was executed on October 31, 2022, to extend the
136+letter Contract Period
137+of Performance from October 31, 2022, through December 15, 2022,
138+and increase the amount
139+of the Letter Contract from $10,389,749.57 to $16,755,487.08.
140+Modification 04
141+to the Letter Contract was executed on December 1, 2022, to extend the
142+letter Contract Period
143+of Performance from December 16, 2022, through December 22,
144+2022, without increase in the amount
145+of the Letter Contract.
146+Modification 05
147+to the Letter Contract was executed on December 22, 2022, to extend the
148+letter Contract Period
149+of Performance from December 23, 2022, through January 13, 2023,
150+without increase in the amount
151+of the Letter Contract.
152+Modification 06
153+to the Letter Contract was executed on January 13, 2023, to extend the
154+letter Contract Period
155+of Performance from January 13, 2023, through February 15, 2023,
156+and increase the amount
157+of the Letter Contract from$ 16,755,487.08 to $18,278,713.00
158+Modification 07
159+to the Letter Contract was executed on February 9, 2023, to extend the
160+letter Contract Period
161+of Performance from February I 5, 2023, through March 31, 2023,
162+and decrease the amount
163+of the Letter Contract from $18,278,713.00 to $18,278,487.08.
164+Modification 08
165+to the Letter Contract was executed on March 8, 2023, to extend the letter
166+Contract Period
167+of Performance from March 31, 2023, through May 31,2023 without
168+increase in the amount
169+of the Letter Contract.
170+(D) The number of times the letter contract or emergency contract has been extended:
171+The Letter Contract was extended seven times.
172+(E) The value of the goods and services provided to date under the letter contract or
173+emergency contract, including under each extension of the letter contract or
174+emergency contract:
175+The value of the goods and services provided to date under the Letter Contract is a not-to­
176+exceed ("NTE") amount
177+of $18,278,487.08. (F) The goods or services to be provided, the methods of delivering goods or services, and
178+any significant program changes reflected in the proposed contract:
179+The contractor shall manage the overall District of Columbia Public Schools (DCPS) Food
180+Service program (FSP) at assigned schools. The Contractor shall prepare, serve and
181+account for meals. The services shall include management
182+of the Schools Breakfast
183+Program (SBP), including but not limited to, Breakfast in the Classroom, and other
184+alternative program configurations; the National School Lunch Program (NSLP), the
185+Summer Food Service Program (SFSP), the After School Supper Program, the After
186+School Snack Program, the Fresh Fruit and Vegetable Program (FFVP), a la carte meals
187+and items, adult meals and any other food service programs as required per the contract.
188+The services are for the Base Period
189+of Performance July 5, 2022, through June 30, 2023,
190+with the budget authority
191+in the amount not-to-exceed $36,557,426.35.
192+(G) The selection process, including the number of offerors, the evaluation criteria, and
193+the evaluation results, including price, technical or quality, and past performance
194+components:
195+This contract has been awarded as a Sole Source in accordance with DC Code, § 2-
196+354.04, Sole source procurements.
197+Technical Evaluation:
198+NIA.
199+Pricing Evaluation:
200+Price deemed fair and reasonable based on historical data and market research using
201+historical data.
202+Certified Business Enterprise Preference Points:
203+The contractor has committed to subcontracting.
204+Contracting Officer's Independent Evaluation:
205+This contract was awarded as a sole source using the contractor's performance evaluation.
206+Contract Award:
207+Due to this single supplier ability to fulfill the requirements, the DCPS contracting officer,
208+in consultation with the Office
209+of the Attorney General (OAG) determined that the
210+awarding this Sole Source Contract to Sodexo Magic LLC is the most efficient way
211+to
212+satisfy this requirement. In addition, the contracting officer determined that the Contractor
213+is responsible, and that the Contractor's proposed pricing
214+is fair and reasonable. (H) A description of any bid protest related to the award of the contract, including
215+whether the protest was resolved through litigation, withdrawal
216+of the protest by the
217+protestor, or voluntary corrective action by the District. Include the identity
218+of the
219+protestor, the grounds alleged
220+in the protest, and any deficiencies identified by the
221+District
222+as a result of the protest:
223+The award of the contract was not protested.
224+(I) The background and qualifications of the proposed contractor, including its
225+organization, financial stability, personnel, and performance on past or current
226+government or private sector contracts with requirements similar
227+to those of the
228+proposed contract:
229+Organization:
230+In 2006, SodexoMagic Operations LLC joined forces with Magic Food
231+Provisions LLC to form Sodexo Magic, LLC, which has 4,895 employees. According to
232+the Dun and Bradstreet report and the Contractor Condensed Consolidated Financial
233+Statements (Unaudited) financial statements, DCPS believes Sodexo Magic, LLC has the
234+financial capability to operate this Food Service Management program.
235+DCPS also determined Sodexo Magic, LLC can comply with existing commercial and
236+governmental commitments, and that it possesses the necessary organizational,
237+accounting, and operations experience, and technical skills to fulfill the requirements
238+of
239+this contract in accordance with the proposal.
240+Financial Stability: The Company has adequate financial resources to perform the
241+requirements
242+of this Sole Source Contract and the ability to obtain the necessary
243+resources required to perform the requirements specified in this contract.
244+Performance: On past or current government and private sector contracts:
245+DCPS evaluated the Contractor's performance as satisfactory.
246+(J) A summary of the subcontracting plan required under section 2346 of the Small,
247+Local, and Disadvantaged Business Enterprise Development and Assistance Act
248+of
249+2005, as amended, D.C. Official Code § 2-218.01 et seq. ("Act"), including a
250+certification that the subcontracting plan meets the minimum requirements
251+of the Act
252+and the dollar volume
253+of the portion of the contract to be subcontracted, expressed
254+both in total dollars and as a percentage
255+of the total contract amount:
256+The contractor submitted a subcontracting plan. (K) Performance standards and the expected outcome of the proposed contract:
257+The contractor shall adhere
258+to the performance standards and expected outcomes of the
259+contract. The contractor shall manage the overall District
260+of Columbia Public Schools
261+(DCPS) Food Service program (FSP) at assigned schools. School operations are not
262+limited to weekdays and may include evenings and weekends. The Contractor shall
263+prepare, serve, and account for meals. The services shall include management
264+of the
265+Schools Breakfast Program (SBP), including but not limited to, Breakfast In the Classroom,
266+and other alternative program configurations; the National School Lunch Program (NSLP),
267+the Summer Food Service Program (SFSP), the After School Supper Program, the After
268+School Snack Program, the Fresh Fruit and Vegetable Program (FFVP), a la carte meals
269+and items, adult meals and any other food service programs as required per the contract.
270+The number
271+of school sites under contract and/or locations of schools are subject to change
272+over the contract term for a variety
273+of reasons, including but not limited to modernization,
274+consolidation, Contractor performance, and/or closure
275+of school buildings.
276+The Contractor must conduct all program operations in accordance with all applicable
277+Federal regulations, including, but not limited to, United States Department
278+of Agriculture
279+(USDA) 2 CFR Part 180, 2 CFR Part 200, and 7 CFR Parts 210, 220, 225, 226, 240, 245,
280+250, 3016.36, 3018.1 lO(d), 3019.4, any Summer Food Service Program (SFSP) and Child
281+Adult Care Food Program (CACFP) requirements, and Food and Nutrition Service (FNS)
282+instructions, policies and memorandum,
283+as applicable, in addition to all applicable state
284+and local regulations, policies and procedures, including but not limited to the DC Healthy
285+Schools Act (HSA)
286+of 2010, as amended, the Healthy Hunger Free Kids Act (HHFKA) of
287+2010, as amended, and all State Agency memorandums and requirements. It is the duty of
288+the Contractor to apprise itself with the requirements of DCPS Food Services and the
289+District
290+of Columbia Municipal Regulations 27 (DCMR 27).
291+(L) The amount and date
292+of any expenditure of funds by the District pursuant to the
293+contract prior
294+to its submission to the Council for approval:
295+Letter Contract: Executed July
296+1, 2022, $6,641,047.03
297+Modification No.
298+1: No change in amount
299+Modification No.
300+2: Executed September 20, 2022, Added $3,748,702.47
301+Modification No.
302+3: Executed October 31, 2022, Added $6,365,737.50
303+Modification No.
304+4: No change in amount
305+Modification No.
306+5: No change in amount
307+Modification No.
308+6: Executed January 13, 2023, Added $1,523,226.00
309+Modification No.
310+7: Executed February 9, 2023, Decreased amount by $226.00
311+Modification No.
312+8: No change in amount
313+(M) A certification that the proposed contract
314+is within the appropriated budget authority
315+for the agency for the fiscal year and
316+is consistent with the financial plan and budget
317+adopted
318+in accordance with D.C. Official Code§§ 47-392.01 and 47-392.02: The DCPS Budget Director has certified funds availability per the Statement of
319+Appropriated Authority (SAA) in the amount of $37,460,069.49 dated 3/2/2023.
320+(N) A certification that the contract is legally sufficient, including whether the proposed
321+contractor has any pending legal claims against the District:
322+A Memorandum of Legal Sufficiency is included.
323+(0) A certification that Citywide Clean Hands database indicates that the proposed
324+contractor is current with its District taxes.
325+If the Citywide Clean Hands Database
326+indicates that the proposed contractor is not current with its District taxes, either: (1)
327+a certification that the contractor has worked out and is current with a payment
328+schedule approved by the District; or (2) a certification that the contractor will be
329+current with its District taxes after the District recovers any outstanding debt
330+as
331+provided under D.C. Official Code§ 2-353.0l(b):
332+A certificate of clean hands dated 3/2/2023 is included.
333+(P) A certification from the proposed contractor that it is current with its federal taxes, or
334+has worked out and is current with a payment schedule approved by the federal
335+government:
336+The contractor is current with its taxes pursuant to signed "Bidder/Offeror Certifications."
337+(Q) The status of the proposed contractor as a certified local, small, or disadvantaged
338+business enterprise as defined in the Small, Local, and Disadvantaged Business
339+Enterprise Development and Assistance Act
340+of 2005, as amended; D.C. Official
341+Code
342+§ 2-218.01 et seq.:
343+SodexoMagic LLC is not a certified local, small, or disadvantaged business enterprise.
344+(R) Other aspects of the proposed contract that the Chief Procurement Officer considers
345+significant:
346+NIA.
347+(S) A statement indicating whether the proposed contractor is currently debarred from
348+providing services or goods to the District or federal government, the dates
349+of the
350+debarment, and the reasons for debarment:
351+The Contractor is not debarred from providing services to the Government of the District
352+of Columbia or the Federal Government according to the Office o f Contracts and
353+Procurement's Excluded Parties List and the Federal Government's Excluded Parties
354+List. (T) Any determination and findings issues relating to the contract's formation, including
355+any determination and findings made under D.C. Official Code
356+§ 2-352.05
357+(privatization contracts):
358+The Contracting Officer determined that the awarding the Contract to SodexoMagic LLC
359+is the most advantageous to the District after thorough review
360+of previous contracts,
361+historical data, and the Contract Administrator's evaluation
362+of the contractor's
363+performance.
364+(U) Where the contract, and any amendments or modifications, if executed, will be made
365+available online:
366+DCPS will post copies of contract documents to the website,
367+https://dcps.dc.gov /node/97 4022
368+(V) Where the original solicitation, and any amendments or modifications, will be made
369+available online:
370+The original solicitation and any amendments were posted on the DCPS website,
371+https:// dcps.dc. gov/node/97 4022 * * * Government of the District of Columbia
372+Office
373+of the Chief Financial Officer
374+Office
375+of Tax and Revenue
376+1101 4th Street, SW
377+Washington, DC 20024
378+Date of Notice: March 2, 2023 Notice Number: L0009259806
379+SODEXOMAGIC LLC
380+PO BOX 352
381+BUFFALO NY 14240-0352
382+FEIN: **-***5412
383+Case
384+ID: 1444306
385+CERTIFICATE OF CLEAN HANDS
386+As neported in the Clean Hands system, the above referenced individual/entity has no outstanding
387+liability with the District
388+of Columbia Office of Tax and Revenue or the Department of Employment
389+Services. As
390+of the date aboye, the individual/entity has complied with DC Code§ 47-2862, therefore
391+this Certificate
392+of Clean Hands is issued.
393+TITLE 47. TAXATIO1'f,.,LICENSTNG, PERMITS, ASSESSMENTS, AND FEES
394+,~
395+'.HA,PTER 28 GENERAL LICENSE
396+SUBCHAPTER CL:EAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
397+·"' . rfc. QODE § 47-2862 (2006)
398+~[ii'' .,s.::, ;i
399+N AGA• TNST ISSUANCE OF LICENSE OR PERMIT
400+,,,">•!
401+Authorized By Melinda Jenkins
402+Branch Chief, Collection and Enforcement Administration
403+To validate this certificate, please visit MyTax.DC.gov.
404+On the MyTax DC homepage, click the
405+"Validate a Certificate
406+of Clean Hands" hyperlink under the Clean Hands section.
407+1101 4th Street SW, Suite W270, Washington, DC 20024/Phonc: (202) 724-5045/MyTax.DC.gov I; 4 DISTRICT OF COLUMBIA
408+,-= PUBLIC SCHOOLS
409+Statement of Appropriated Authority
410+Division of Contracts and Acquisitions
411+1200 First Street
412+NE, 9
413+th Floor, Washington, DC 20002
414+(202) 442-5112/Fax (202) 442-5634
415+1. Prepared by: Steven Lenz, Manager, Finance, Strategy, and Technology
416+2. FY23 Funding Certification Date(s):
417+• 10/1/2022 -6/30/2023
418+3. Summary of Proposed Procurement: To provide food services to DC Public Schools.
419+4. If contract has been awarded:
420+• Contractor:
421+SodexoMagic (Food Service Management Contract)
422+• Contract Number: GAGA-2022-C-0259
423+• RK Number: RK215683 for $6,641,047.03
424+• FY22 Contract Dates:
425+• 7 /1/22-9/30/2022
426+Funding Information:
427+(Include (lnclud~ Or INDEX Phase
428+FUND
429+P,t/lJt ,u/fh,
430+GRANT/PH
431+FUND flMIIU# (lndlH#wj/ilf
432+fn/flt/lfff!I) ,...,,
433+lttt~J letttrJ
434+1 ·o II<olil~
435+101 L1228 U21L (NO VALUE)
436+GAO 22 409 742 N1228 ZZ211 oooxcc, 22
437+GAO 22 409 743 01228 ZZ211 OOOXDZ, 22
438+GAO 22 409 767 21228 2Z211 OOOXSN 22
439+GAO 22 409 771 B1228 U211 OOOHSA, 22
440+GAO 22 409 772 C1228 22211 ooococ, 22
441+GAO 22 409 744 Q1228 ZZ211 OOOXHD, 22
442+GAO 23 409 101 L1228 2221L (NO VALUE)
443+GAO 23 409 742 N1228 22211 oooxcc, 23 8200 GES00 L1228 409
444+GAO 23 409 743 01228 ZZ211 OOOXDZ, 23 8200 GESOO 91228 409
445+GAO 23 409 767 21228 ZZ211 OOOXSN,23 8200 GESOO F1228 409
446+GAO 23 409 771 B1228 ZZ211 OOOHSA,23 111 23HSA HW228 409
447+GAO 23 409 772 C1228 22211 ooococ, 23 8200 GES00 C1228 409
448+GAO 23 409 761 Y1228 22211 OOOFFV, 23 8200 GESOO V1228 409
449+""'A" denotes where funds will be an FY23 Advance.
450+** Awaiting confirmation of inter-agency funding attributes
451+$2,443,8 48.75
452+$2,328,506.50
453+$913,414. 45
454+$280,359.66
455+$63,065. 35
456+$19,916.26
457+$591,936.06
458+$7,6
459+29,879.20
460+409
461+SB,923,869.25
462+409 $5,543,762.80
463+409 $1Ji88,460. 48
464+409 $1,010,311. 25
465+409 $119,945.28
466+409 $902,794.20
467+Total: ·$37,460,069.49
468+I hereby certify that the above referenced Sodexo contract is consistent with the applicable approved financial plan and budget
469+for the District of Columbia Public Schools for Fiscal Year 2023. This funding obligation is subject to the availability of
470+appropriations and Congressional approval.
471+rhltjf feicl.et
472+Philip --pei~I
473+Budget Officer
474+:S:~¥ Ste;;JnReiii; ~
475+OSSE Budget Office r'
476+3/2/2023
477+Date
478+3/3/23
479+Date
480+*Program staff must create and get a "Funds Committed" requisition for the remainder of this contract in the fir st week of October to
481+cover the certified amount above. All requests for funding will be held until the encumbrance is created.
482+1200 First Street, NE I Washington, DC 20002 ! T 202. 442. 5885 i F 202 •. 442. 5026 ; dcps.dc.gov GOVERNMENT OF THE DISTRICT OF COLUMBIA
483+Office
484+of the Attorney General
485+ATTORNEY GENERAL
486+BRIAN L. SCHWALB *** --
487+Commercial Division
488+MEMORANDUM
489+TO:
490+FROM:
491+Tommy Wells
492+Director
493+Office
494+of Policy and Legislative Affairs
495+Robert Schildkraut
496+Section Chief
497+Government Contracts Section
498+DATE: March 28, 2023
499+SUBJECT: Approval
500+of Contract Action for DCPS Food Service Program Management
501+Contract Number: GAGA-2022-C-0259
502+Contractor: SodexoMagic LLC
503+Proposed Option Amount: NTE $36,557,426.35
504+This is to Certify that this Office has reviewed the above-referenced Contract and that we have
505+found it to be legally sufficient, with the conditions that 1) the Certificate
506+of Insurance be
507+updated to reflect all required policies outlined in the contract, 2) the letter contract is added to
508+the list
509+of attachments incorporated into the contract by reference in section J, and 3) issue an
510+administrative modification indicating the pricing stated in modifications# 0007 & # 0008 are
511+the same as the number stated in modification # 0006.
512+If you have any questions in this regard,
513+please do not hesitate
514+to call me at (202) 724-4018.
515+Robert Schildkraut
516+400 6
517+th Street NW, Suite 9100, Washington, DC 2000 I (202) 727-3400 D+STRICT OF COLUMBIA
518+PU IC SC OOL
519+RESOURCE STRATEGY OFFICE, CONTRACTS AND ACQUISITIONS DIVISION
520+1200 First Street, NE, 9
521+111 Floor, Washington, DC 20002
522+202-442-5112 tlJ FAX 202-442-5634
523+John E. White
524+Senior Vice-President
525+SodexoMagic, LLC
526+9801 Washington Blvd.
527+Gaithersburg, MD 20878
528+LETTER CONTRACT
529+June 28, 2022
530+Subject: Letter Contract GAGA-2016-C-0036A-1
531+Contractor: SodexoMagic LLC
532+caption: Food Services Management Company
533+This is a letter contract between the District of Columbia Public Schools (DCPS) Office of Resource
534+Strategy (ORS), Contracts and Acquisition Division, on behalf of the Food and Nutrition Seivices Division
535+(FNS), and SodexoMaglc LLC (the "Contractor"), wherein the Contractor agrees to provide the services
536+outlined In the contractors service and price quote dated June 23, 2022, which wlll be incorporated to
537+this Letter Contract, and the Definitive contract.
538+The issuance and award of this letter contract, per the approved funding, will allow DCPS to start
539+receiving seivices
540+as required beginning July 1, 2022.
541+DCPS intends to deflnltlze this letter contract within ninety-two (92) days from date of award of this
542+letter contract, at which time this letter contract
543+shall merge with the definitized contract. Before
544+expiration
545+of the 92 days (September 30, 2022), the Contracting Officer may authorize an additional
546+period
547+in accordance with Section 2425.9, 27 OCMR (1988) of the District procurement regulations. If
548+DCPS does not deflnitlze this contract within 92 days from the date of award of this letter contract or
549+any extensi on thereof, this letter contract shall expire.
550+In the event of expiration of this letter contract, DCPS shall pay the Contractor for the services performed
551+under this letter contract
552+in an amount not to exceed $6,641,047.03 per proposal dated June 23, 2022. In
553+no event shall the amount paid under this letter contract, or any extension thereof exceed (50%) of the
554+total deflnltlzed contract amount.
555+The duration of the deflnltlzed contract shall be from July 1, 2022, thru June 30, 2023, this letter contract
556+shall merge with the deflnitized contract.
557+OCPS shall pay the Contractor for services performed during
558+the term of the deflnltlzed contract In an amount not to exceed $36,557,275.29, GAGA-2021-C-0036-A-1
559+Food Services Management Company
560+This letter contract shall be subject to the Contractor's compliance with all District of Columbia Laws and
561+Regulations concerning the Contractor's Affirmative Action Plan, First Source Employment Agreement,
562+and compliance with District of Columbia Tax laws.
563+The timeframe below sets forth DCPS' intention In preparing the definitive contract as follows:
564+1. June 28, 2022
565+2. June 29, 2022
566+3. July 6, 2022
567+4. July 7, 2022
568+5. TBD
569+DCPS transmits letter contract to contractor for signature.
570+Contractor returns signed letter contract; by 12:00pm EDT. DCPS signs
571+and awards the letter contract pursuant to funding to allow services to
572+commence on July 1, 2022.
573+DCPS submits the Modification 33 to exercise the Sole Source Bridge,
574+Contract Extension for Contractor review and signature if no comments.
575+Contractor returns the signed modification 33, for DCPS signature If no
576+comments. The Contractor shall complete and submit attachments
577+listed
578+in the Section J.
579+DCPS executes definitive contract (execute the bilateral modification)
580+for the
581+services upon receipt of the City Council approval, the
582+Contractor
583+compliance by the requisite District of Columbia agencies,
584+and schedules Post Award Conference.
585+The Contractor shall submit invoices referencing the Purchase Order Number (TBD) and subject Contract
586+Number
587+(GAGA-2016-C-0036A-1) tothe Contract Administrator (CA) for review and certification. The
588+Contractor may contact the CA via email Robert.laber@k12. dc.gov.
589+2) DCPS Accounts Payable Office, 1200 First Street, NE -9th
590+th Floor, Washington, DC 20002 (original
591+Invoice). Please create and submit payment requests In an electronic format through the DC Vendor
592+Portal, httpsi/lvengorpoftitl.dc.
593+gov. The Contractor shall submit proper Invoices monthly. To
594+constitute a proper Invoice, the Contractor shall enter all required Information Into the Portal after
595+selecting the applicable
596+purchase order number which is listed on the Contractor's profile.
597+Thank you for your interest In doing business With the DCPS. Please address questions and concerns via
598+email to Zahra Hashmi, zahra.hashm[;?k12. gc.goy. GAGA-2021-C-0036-A-1
599+Food Services Management Company
600+Approved and Acceptad By:
601+SodexoMqlc LlC
602+Contractor Representative Name: Selena Cuffe
603+Contractor R•presentatlve Title: President
604+6/29/2022
605+Date
606+District of Columbia Public Schools
607+7/01/2022
608+Contractln1 Offtcer Laveta HIiton
609+Date DISTRICT OF COLUMIUA
610+PU LfC SC QQ,L
611+RESOURCE STRATEGY OFFICE, CONTRACTS AND ACQUISITIONS DIVISION
612+1200 First Street, NE, 9
613+th Floor, Washington, DC 20002
614+202-442-5112 tu FAX 202-442-5634
615+John E. White
616+Senior Vice-President
617+SodexoMagic, LLC
618+9801 Washington Blvd.
619+Gaithersburg, MD 20878
620+LETTER CONTRACT MODIFICATION 01
621+July 1, 2022
622+Subject: Letter Contract GAGA-2016-C-0036A-1
623+Contractor: SodexoMaglc LLC
624+Caption: Food Services Management Company
625+Modification No.: 01
626+The Government of District of Columbia hereby make the below corrections to the above-subject Letter
627+Contract Number pursuant to
628+27 DCMR, Section 2425 and 3600 as follows:
629+1. Correct the Contract Number:
630+a. DELETE: Contract Number GAGA-2016-C-0036A-1.
631+b. REPLACE: Contract Number GAGA-2022-C-0259.
632+2. DELETE: Services Period of Performance beginning July 1, 2022.
633+REPLACE: Services Period of Performance beginning July 5, 2022.
634+3. DELETE:
635+The tlmeframe below sets forth DCPS' Intention in preparing the definitive contract as follows:
636+1. June 28, 2022
637+2. June 29, 2022
638+3. July 6, 2022
639+DCPS transmits letter contract to contractor for signature.
640+Contractor returns
641+signed letter contract; by 12:00pm EDT. OCPS signs
642+and awards the letter contract pursuant to funding to allow services to
643+commence on July 1, 2022.
644+DCPS submits the Modification 33 to exercise the Sole Source Bridge,
645+Contract Extension for Contractor review and signature If no comments, Page 2 of 3 GAGA-2022-C-0259 (SodexoMagic, LLC) --Food Services Management Company
646+4. July 7, 2022 Contractor returns the signed modification 33, for DCPS signature If no
647+comments. The Contractor shall complete and submit attachments listed
648+in the Section J.
649+5. TBD DCPS executes definitive contract (execute the bilateral modification)
650+for the
651+services upon receipt of the City Council approval, the
652+Contractor compliance
653+by the requisite District of Columbia agencies,
654+and schedules Post Award Conference.
655+The Contractor shall submit Invoices referencing the Purchase Order Number (TBD) and subject Contract
656+Number (GAGA-2016-C-0036A-1) to the Contract Administrator (CA) for review and certification. The
657+Contractor may contact the CA via email Robert.iaber@J<12.de,gov.
658+4. REPLACE:
659+The timeframe below sets forth OCPS' Intention in preparing the definitive contract as follows:
660+1. June 28, 2022
661+2. June 29, 2022
662+3. July 1, 2022
663+4. July 12, 2022
664+5. July 15, 2022
665+6. July 19, 2022
666+7. August 3, 2022
667+8. August 17, 2022
668+9. TBD
669+10. TBD
670+OCPS transmits letter contract to contractor for signature;
671+Contractor returns
672+signed letter contract;
673+DCPS executes letter contract pursuant to funding to allow
674+commencement of
675+services (to begin on 7 /5/22);
676+DCPS transmits definitive contract to Contractor review and signature;
677+Contractor returns signed definitive contract to DCPS;
678+DCPS transmits contract package to OAG for legal sufficiency;
679+DCPS transmits contract package to EOM for review;
680+EOM submits contract package to City Council for review and approval;
681+City Council review and approval ends; and
682+DCPS executes signed IFS/contract package, and schedules Post Award
683+Conference
684+The Contractor shall submit invoices referencing the Purchase Order Number (TBD) and subject Contract
685+Number (GAGA-2022-C-0259) to the Contract Administrator (CA) for review and certification. The
686+Contractor may contact the CA via email Robert,[aber@k12,d,,goy.
687+All other terms and conditions of the Letter Contract Remain Unchanged. Page3 of 3 GAGA·J8i2-C-0259 (So.d•xoMatlc, LLC) -Food Services MJ.m!8jn'l1nt Company
688+Appr4v.ld and Accep.ted By:
689+SoclexoM•slc LLC
690+Contractor Represent1tJve Name:
691+Contractor ~,presentatlv.e Title:
692+YL/,uiA/
693+Contractor
694+Selena Cuffe. Praaldent 7/ff,fJ.022
695+--------
696+u tho ri zed Signature Date
697+Dlttrlct of Columbia Publlq khaols
698+7/5/2022
699+Contracting Officer Date DISTRICT OF' COLUMBIA
700+PL.JBL_I c: () L
701+RESOURCE STRATEGY OFFICE, CONTRACTS AND ACQUISITIONS DIVISION
702+1200 First Street, NE, 9
703+th Floor, Washington, DC 20002
704+202-442-5112
705+tiJ FAX 202-442-5634
706+John
707+E. White
708+Senior Vice-President
709+SodexoMagic, LLC
710+LETTER CONTRACT MODIFICATION 02
711+September 29, 2022
712+9801 Washington Blvd.
713+Gaithersburg, MD 20878
714+Subject: Letter Contract GAGA-2022-C-0259
715+Contractor: SodexoMagic LLC
716+Caption: Food Services Management Company
717+Modification No.: OZ
718+The Government of District of Columbia hereby revises the Letter Contract and the Modification 01 to
719+the above subject Letter Contract pursuant to 27 DCMR, Section 2425 and 3600 as follows:
720+A.
721+1.
722+LETTER CONTRACT:
723+DELETE:
724+REPLACE:
725+DCPS intends to definitize this letter contract within ninety-two (92) days from
726+date
727+of award of this letter contract, at which time this letter contract shall
728+merge
729+with the definitized contract. Before expiration of the 92 days
730+(September 30, 2022), the Contracting Officer may authorize
731+an additional
732+period in accordance
733+with Section 2425.9, 27 DCMR (1988) of the District
734+procurement regulations.
735+If DCPS does not definitize this contract within 92
736+days from the date of award of this letter contract or any extension thereof, this
737+letter contract shall expire.
738+DCPS intends to definitize this letter contract within one hundred and twenty­
739+three (123) days from date
740+of award of this letter contract, at which time this
741+letter contract shall merge with the definitized contract. Before expiration of
742+the 123 days (October 31, 2022), the Contracting Officer may authorize an
743+additional period in accordance with Section 2425.9, 27 DCMR {1988) of the
744+District procurement regulations.
745+If DCPS does not definitize this contract
746+within 123 days from the date of award of this letter contract or any extension
747+thereof, this
748+letter contract shall expire. Page 2 of 3 GAGA-2022-C-0259 (SodexoMagic LLC) --Food Services Management Company
749+2. DELETE:
750+REPLACE:
751+3. DELETE:
752+REPLACE:
753+In the event of expiration of this letter contract, DCPS shall pay the Contractor
754+for the services performed under this letter contract in an amount not to exceed
755+$6,641,047.
756+03 per proposal dated June 23, 2022. In no event shall the amount
757+paid under this letter contract,
758+or any extension thereof exceed {50%) of the
759+total definitized contract amount.
760+In the event of expiration of this letter contract, DCPS shall pay the Contractor
761+for the services performed under this letter contract in an amount not to exceed
762+$10,389,749.
763+57 per updated proposal dated August 30, 2022. In no event shall
764+the
765+amount paid under this letter contract, or any extension thereof exceed
766+(50%)
767+of the total definitized contract amount.
768+The duration of the definitized contract shall be from July 1, 2022, thru June 30,
769+2023, this letter contract shall merge with the definitized contract.
770+DCPS shall
771+pay
772+the Contractor for services performed du ring the term of the definitized
773+contract in
774+an amount not to exceed $36,557,275.29.
775+The duration of the definitized contract shall be from July 1, 2022, thru June 30,
776+2023, this letter contract shall merge with the definitized contract.
777+DCPS shall
778+pay
779+the Contractor for services performed during the term of the definitized
780+contract in
781+an amount not to exceed $36,557,426.35.
782+B. LETTER CONTRACT MODIFICATION 01
783+1. August 17, 2022
784+2. August 19, 2022
785+3. August 31, 2022
786+4. September 2, 2022
787+5. September 7, 2022
788+6. September 13, 2022
789+7. September 20, S022
790+8. TBD
791+9. TBD
792+Submitted the Council Package for OAG Review and Legal Sufficiency.
793+Received comments from the
794+OAG. Extend the Letter Contract until
795+October 31, 2022.
796+Submit
797+the Letter Contract Modification 02 for contractor signature to
798+extend the POP from September 30, 2022, thru October 31, 2022.
799+contractor returns the signed Modification
800+02 to the Letter Contract.
801+DCPS transmits the corrected Council Package for OAG Review and Legal
802+Sufficiency.
803+DCPS submits the Council Package for EOM review.
804+EOM submits contract package to City Council for review and approval.
805+City Council review and approval ends; and
806+DCPS executes signed IFB/contract package, and schedules Post Award
807+Conference. Page 3 of 3 GAGA-2022-C-0259 (SodexoMagic LLC) --Food Services Management Company
808+B. LETTER CONTRACT MODIFICATION 02 Updated
809+1.
810+2.
811+3.
812+4.
813+5.
814+6.
815+September 29, 2022
816+October
817+7, 2022
818+October 14, 2022
819+October 20, 2022
820+TBD
821+TBD
822+Contractor returns the signed Modification 02 to the letter Contract.
823+DCPS transmits the corrected Council Package for OAG Review and Legal
824+Sufficiency.
825+DCPS submits the Council Package for EOM review.
826+EOM submits contract package to City Council for review and approval.
827+City Council review and approval ends; and
828+DCPS executes signed IFB/contract package, and schedules Post Award
829+Conference.
830+The Contractor shall submit invoices referencing the Purchase Order Number
831+(TBD) and subject Contract
832+Number GAGA-2022-C-0259 to the Contract Administrator (CA} for review and certification. The
833+Contractor may contact the
834+CA via email Robert.jaber@k12.dc.gov.
835+All
836+other terms and conditions of the Letter Contract Remain Unchanged.
837+Approved and Accepted By:
838+SodexoMagic LLC
839+Contractor Representative Name: Selena Cuffe
840+Contractor Representative Title: President
841+District of Columbia Public Schools
842+Contracting Officer
843+9/30/2022
844+Date
845+9/30/2022
846+Date
847+** END of DOCUMENT ** r=-OISTRICT OF' COLU~81A
848+RESOURCE STRATEGY OFFICE, CONTRACTS AND ACQUISITIONS DIVISION
849+1200 First Street, NE, 9
850+th Floor, Washington, DC 20002
851+202-442-5112 m FAX 202-442-5634
852+LITTER CONTRACT MODIFICATION 03
853+October 28, 2022
854+John E. White
855+Senior Vice-President
856+SodexoMaglc, UC
857+9801 Washington Blvd.
858+Gaithersburg, MD 20878
859+Subject: Letter Contract GAGA-2022-C-0259.
860+Contractor: SodexoMaglc LLC.
861+Caption: Food Services Management Company.
862+Modification No.: 03
863+The Government of District of Columbia hereby revises the Letter Contract and the Modification 02 to
864+the
865+above subject Letter Contract pursuant to 27 DCMR, Section 2425 and 3600 as follows:
866+A.
867+1.
868+LEiliR CONTRACT MODIFICATION 03:
869+DELETE:
870+REPLACE:
871+DCPS Intends to definitize this letter contract within 123 days date of award
872+of this letter contract, at which time this letter contract shall merge with the
873+deflnltlzed contract.
874+Before expiration of the 123 days (October 31, 2022), the
875+Contracting Officer
876+may authorize an additional period in accordance with
877+Section 2425.9, 27 DCMR (1988) of the District procurement regulations. If
878+DCPS does not deflnltlze this contract within 123 days from the date of award of
879+this letter contract or any extension thereof, this letter contract shall expire.
880+DCPS Intends to deflnltlze this letter contract within one hundred and sixty-eight
881+(168) days from date of award of this letter contract, at which time this letter
882+contract
883+shall merge with the definitlzed contract. Before expiration of the 168.
884+days (December 15, 2022), the Contracting Officer may authorize an additional
885+period
886+in accordance with Section 2425.9, 27 DCMR (1988) of the District
887+procurement regulations. If
888+DCPS does not definltize this contract within 168
889+days from the date of award of this letter contract or any extension thereof, this
890+letter contract
891+shall expire. Pase 2 of 3 GAGA-2022-C-0259 (SodexoMagic LLC) --Food Services Management Company
892+2. DELETE:
893+REPLACE:
894+In the event of expiration of this letter contract, DCPS shall pay the Contractor
895+for the
896+services performed under this letter contract In an amount not to exceed
897+$10,389,749.57 per proposal dated August 30, 2022. In no event shall the
898+amount
899+paid under this letter contract, or any extension thereof exceed (50%)
900+of the total deflnltlzed contract amount.
901+In the event of expiration of this letter contract, DCPS shall pay the Contractor
902+for the
903+services performed under this letter contract In an amount not to exceed
904+$16,755,487.08 per estimated updated proposal dated October 28, 2022. In no
905+event shall the amount paid under this letter contract, or any extension thereof
906+exceed (5096) of the total deflnltized contract amount.
907+8. LETTER CONTRACT MODIBCATION 03
908+1. October 28, 2022
909+2. October 28, 2022
910+3. October 31, 2022
911+4. November 7, 2022
912+5. November 14, 2022
913+6. November 18, 2022
914+7. November 29, 2022
915+8. TBD
916+9. TBD
917+DCPS send Letter Contract Modification 03 for contractor signature.
918+The Contractor return signed Letter Contract Modification 03 for DCPS
919+signature.
920+DCPS submits the signed Letter Contract Modification 03 to the
921+Contractor.
922+DCPS submit revised/updated Council Package to OAG for legal
923+Sufficiency review and approval.
924+OAG sends Legal Sufficiency approval to DCPS.
925+DCPS sends the council package and the legal sufficiency approval to
926+EOM review.
927+EOM submits contract package to City Council for review and approval.
928+The City Council review and approval ends, and
929+DCPS executes signed IFB/RFP and/or Contract Package and schedules
930+post award Conference.
931+The Contractor shall submit Invoices referencing the Purchase Order Number (TBD) and subject Contract
932+Number GAGA-2022-C-0259 to the Contract Administrator (CA) for review and certification. The
933+Contractor may contact the CA via email Robert.laber@k12.de.goy.
934+All other terms and conditi ons of the Letter Contract Remain Unchanged. Page3of3 GAGA-2022-C-0259 (SodexoMaglc UC) -Food Services Management Company
935+Approved and Accepted By:
936+SodexoMagic LLC
937+Contractor Representative Name: Selena Cuffe
938+Contractor Representative Title: President
939+~
940+District of Columbia Public Schools
941+Contracting Officer
942+10/31/2022
943+Date
944+10/31/2022
945+Date
946+•• END of DOCUMENT •• DISTRICT Or COLUMBIA
947+PUBLiC SCHOOLS
948+RESOURCE STRATEGY OFFICE, CONTRACTS AND ACQUISITIONS DIVISION
949+1200 First Street, NE, 9
950+111 Floor, Washington, DC 20002
951+202-442-5112 m FAX 202-442-5634
952+John E. White
953+Senior Vice-President
954+SodexoMagic, LLC
955+LETIER CONTRACT MODIFICATION 04
956+November 30, 2022
957+9801 Washington Blvd.
958+Gaithersburg, MD 20878
959+Subject: Letter Contract GAGA-2022-C-0259.
960+Contractor: SodexoMagic LLC.
961+Caption: Food Services Management Company.
962+Modification No.: 04
963+The Government of District of Columbia hereby revises the Letter Contract and the previously Issued
964+modifications to the above subject Letter Contract pursuant to 27 DCMR, Section 2425 and 3600 as
965+follows:
966+A.
967+1.
968+LETTER CONTRACT MODIFICATION 04:
969+DELETE:
970+REPLACE:
971+DCPS Intends to definitize this letter contract within 168 days date of award
972+of this letter contract, at which time this letter contract shall merge with the
973+deflnltlzed contract.
974+Before expiration of the 168 days (December 15, 2022),
975+the Contracting Officer may authorize an additional period In accordance with
976+Section 2425.9, 27 OCMR (1988) of the District procurement regulations. If
977+DCPS does not deflnltize this contract within 168 days from the date of award of
978+this letter contract
979+or any extension thereof, this letter contract shall expire.
980+DCPS Intends to deflnitize this letter contract within one hundred and seventy­
981+five (175) days from date of award of this letter contract, at which time this
982+letter contract
983+shall merge with the deflnltlzed contract. Before expiration of
984+the 175 days (December 22, 2022), the Contracting Officer may authorize an
985+additional period In accordance with Section 2425.9, 27 DCMR (1988) of the
986+District procurement regulations. If
987+DCPS does not deflnltlze this contract
988+within
989+175 days from the date of award of this letter contract or any extension
990+thereof, this letter contract shall expire. Pase 2 of3 GAGA-2022-C-0259 (SOdexoMaglc LLC) -Food Services Management Company
991+2. REMAIN: In the event of expiration of this letter contract, DCPS shall pay the Contractor
992+for the
993+services performed under this letter contract In an amount not to exceed
994+$16,755,487.08 per estimated updated proposal dated October 28, 2022. In no
995+event shall the amount paid under this letter contract, or any extension thereof
996+exceed (50%) of the total deflnltlzed contract amount.
997+B. LETTER CONTRACT MODIFICATION 04
998+1. November 30, 2022
999+2. December 1, 2022
1000+3. December 1, 2022
1001+4. December 1, 2022
1002+5. December 2, 2022
1003+6. December 2, 2022
1004+7. December 6, 2022
1005+8. TBD
1006+9. TBD
1007+DCPS send Letter Contract Modification 04 for contractor signature.
1008+The Contractor return signed Letter Contract Modification 04 for DCPS
1009+signature.
1010+DCPS submits the signed Letter Contract Modification 04 to the
1011+Contractor.
1012+DCPS submit revised/updated Councll Package to OAG for Legal
1013+Sufficiency review and approval.
1014+OAG sends Legal Sufficiency approval to DCPS.
1015+OAG and/or DCPS sends the council package and the legal sufficiency
1016+approval to EOM review.
1017+EOM submits contract package to City Council for review and approval.
1018+The City Council review and approval ends, and
1019+DCPS executes signed IFB/RFP and/or Contract Package and schedules
1020+post award Conference.
1021+The Contractor shall submit Invoices referencing the Purchase Order Number (TBD) and subject Contract
1022+Number GAGA-2022-C-0259 to the Contract Administrator (CA) for review and certification. The
1023+Contractor may contact the CA via email Robert.labgr@k12.dc.gov.
1024+All other terms and conditions of the Letter Contract Remain Unchanged. Page3of3 GAGA-2022-C-0259 (SodexoMaglc LLC) •· Food Services Management Company
1025+Approved and Accepted By:
1026+Sodex0Ma1lc LLC
1027+Contractor Representative Name: Selena Cuffe
1028+Contractor Representative Tltle: President
1029+District of Columbia Public Schools
1030+Contracting Offtcer
1031+12/1/2022
1032+Date
1033+12/1/2022
1034+Date
1035+•• END of DOCUMENT •• DISTRICT OF" COLUMBIA
1036+PI IR L 1,r'·-.. c. .... r·-. t1 ( ... _) Ls·~.
1037+...... LJ .,__..,. ~J i,.__,, 1,._... ._.,.. .. _
1038+RESOURCE STRATEGY OFFICE, CONTRACTS AND ACQUISITIONS DIVISION
1039+1200 First Street, NE, 9
1040+th Floor, Washington, DC 20002
1041+202-442-5112
1042+tu FAX 202-442-5634
1043+John
1044+E. White
1045+Senior Vice-President
1046+SodexoMagic,
1047+LLC
1048+LETTER CONTRACT MODIFICATION 05
1049+December 22, 2022
1050+9801 Washington Blvd.
1051+Gaithersburg, MD 20878
1052+Subject: Letter Contract GAGA-2022-C-0259
1053+Contractor: SodexoMagic, LLC
1054+Caption: Food Services Management Company
1055+Modification No.: 05
1056+The Government of District of Columbia hereby revises the Letter Contract and the previously issued
1057+Modifications
1058+to the above subject Letter Contract pursuant to 27 DCMR, Section 2425 and 3600 as
1059+follows:
1060+A.
1061+1.
1062+2.
1063+LETTER CONTRACT MODIFICATION 05:
1064+DELETE:
1065+REPLACE:
1066+REMAIN:
1067+DCPS intends to definitize this letter contract within 175 days date of award
1068+of this letter contract, at which time this letter contract shall merge with the
1069+definitized contract. Before expiration
1070+of the 175 days (December 22, 2022),
1071+the Contracting Officer may authorize
1072+an additional period in accordance with
1073+Section 2425.
1074+9, 27 DCM R (1988) of the District procurement regulations. If
1075+DCPS does not definitize this contract within 175 days from the date of award of
1076+this letter contract or any extension thereof, this letter contract shall expire.
1077+DCPS intends to definitize this letter contract within one hundred ninety-seven
1078+(197) days from date
1079+of award of this letter contract, at which time this letter
1080+contract shall merge
1081+with the definitized contract. Before expiration of the 197
1082+days (January 13, 2023), the Contracting Officer may authorize an additional
1083+period in accordance
1084+with Section 2425.9, 27 DCMR (1988) of the District
1085+procurement regulations. If
1086+DCPS does not definitize this contract within 197
1087+days from the date of award of this letter contract or any extension thereof, this
1088+letter contract shall expire.
1089+In the event of expiration of this letter contract, DCPS shall pay the Contractor Page 2 of 2 GAGA-2022-C-0259 SodexoMagic LLC) --Food Services Management Company
1090+for the services performed under this letter contract in an amount not to exceed
1091+$16,755,487.08 per estimated updated proposal dated October 28, 2022. In
1092+no
1093+event shall the amount paid under this letter contract, or any extension thereof
1094+exceed (50%) of the total definitized contract amount.
1095+B. LETTER CONTRACT MODIFICATION 05
1096+1. December 22, 2022
1097+2. December 23, 2022
1098+3. December 30, 2022
1099+4. December 30, 2022
1100+5. December 30, 2022
1101+6. TBD
1102+7. TBD
1103+DCPS exercises unilateral modification to extend LC during holiday
1104+period (to prevent lapse in contract period).
1105+DCPS submits revised/updated Council Package to OAG for Legal
1106+Sufficiency review and approval.
1107+OAG sends Legal Sufficiency approval to DCPS.
1108+OAG and/or DCPS sends the council package and the legal sufficiency
1109+approval
1110+to EOM review.
1111+EOM submits contract package to City Council for review and approval.
1112+The City Council review and approval ends, and
1113+DCPS executes signed IFB/RFP and/or Contract Package and schedule
1114+post award Conference.
1115+The Contractor shall
1116+submit invoices referencing the Purchase Order Number (TBD) and subject Contract
1117+Number GAGA-2022-C-0259 to the Contract Administrator (CA) for review and certification. The
1118+Contractor may contact
1119+the CA via email Robert.jaber@k12.dc.gov.
1120+All
1121+other terms and conditions of the Letter Contract remain unchanged.
1122+District of Columbia Public Schools
1123+12/22/2022 ·
1124+Contracting Officer Date
1125+** END of DOCUMENT** r:• DISTRICT OF' COLUMBIA
1126+RESOURCE STRATEGY OFFICE, CONTRACTS AND ACQUISITIONS DIVISION
1127+1200 First Street, NE, 9
1128+th Floor, Washington, DC 20002
1129+202-442-5112 tD FAX 202-442-5634
1130+LITTER CONTRACT MODIFICATION 06
1131+January 13, 2023
1132+John E. White
1133+Senior Vice-President
1134+SodexoMagic, LLC
1135+9801 Washington Blvd.
1136+Gaithersburg, MD 20878
1137+Subject: letter Contract GAGA-2022-C-0259
1138+Contractor: SodexoMaglc LLC
1139+Caption: Food Services Management Company
1140+Modification No.: 06
1141+The Government of District of Columbia hereby revises the Letter Contract and the previously issued
1142+Modifications to the above subject Letter Contract pursuant to 27 DCMR, Section 2425 and 3600 as
1143+follows:
1144+A.
1145+1.
1146+LEmR CONTRACT MODIFICATION 06:
1147+DELETE:
1148+DELETE:
1149+REPLACE:
1150+DCPS intends to deflnltlze this letter contract within 175 days date of award
1151+of this letter contract, at which time this letter contract shall merge with the
1152+deflnltlzed contract.
1153+Before expiration of the 175 days (December 22, 2022),
1154+the Contracting Officer may authorize an additional period in accordance with
1155+Section 2425.9, 27 DCMR (1988) of the District procurement regulations. If
1156+DCPS does not deflnltlze this contract within 175 days from the date of award of
1157+this letter contract
1158+or any extension thereof, this letter contract shall expire.
1159+The time extension that was exercised via Unilateral Modification Number 05
1160+which extended the time from December 22, 2022, to January 3, 2023.
1161+DCPS Intends to deflnltlze this letter contract within two hundred thirty
1162+(230) days from date of award of this letter contract, at which time this letter
1163+contract
1164+shall merge with the deflnitized contract. Before expiration of the 230
1165+days (February 15, 2023), the Contracting Officer may authorize an additional
1166+period
1167+In accordance with Section 2425.9, 27 DCMR (1988) of the District
1168+procurement regulations. If
1169+DCPS does not deflnltlze this contract within 230
1170+days from the date of award of this letter contract or any extension thereof, this
1171+letter contract
1172+shall expire. Page z of 3 GAGA-2022-C-0259 (SodexoMagic LLC) -Food Services Management Company
1173+2, Delete: In the event of expiration of this letter contract, DCPS shall pay the Contractor
1174+Replace:
1175+for the services performed under this letter contract In an amount not to exceed
1176+$16,755,487.08 per estimated updated proposal dated October 28, 2022. In no
1177+event shall the amount paid under this letter contract, or any extension thereof
1178+exceed (5096) of the total deflnltlzed contract amount.
1179+In the event of expiration of this letter contract, DCPS shall pay the Contractor
1180+for the
1181+services performed under this letter contract In an amount not to exceed
1182+$18,278,713. In no event shall the amount paid under this letter contract, or
1183+any extension thereof exceed (5096) of the total deflnltlzed contract amount.
1184+B. LETTER CONTRACT MODIFICATION 06
1185+1. January 13, 2023
1186+2. January 13, 2023
1187+3. January 13, 2023
1188+4, January 13,2023
1189+5, January 13, 2023
1190+6. January 13, 2023
1191+7. January 19, 2023
1192+8. TBD
1193+9. TBD
1194+DCPS send Letter Contract Modification 06 for contractor signature.
1195+The Contractor return signed letter Contract Modification 06 for DCPS
1196+signature.
1197+DCPS submits the signed Letter Contract Modification 06 to the
1198+Contractor.
1199+DCPS submit revised/updated Council Package to OAG for Legal
1200+Sufficiency review and approval.
1201+OAG sends Legal Sufficiency approval to DCPS.
1202+OAG and/or DCPS sends the council package and the legal sufficiency
1203+approval
1204+to EOM review.
1205+EOM submits contract package to City Council for review and approval.
1206+The City Council review and approval ends, and
1207+DCPS executes signed IFB/RFP and/or Contract Package and schedules
1208+post award Conference.
1209+The Contractor shall submit Invoices referencing the Purchase Order Number (TBD) and subject Contract
1210+Number GAGA-2022-C-0259 to the Contract Administrator (CA) for review and certification. The
1211+Contractor may contact the CA via email Robert,iaber@k12.dc.gov.
1212+All other terms and conditions of the Letter Contract Remain Unchanged. Page3of3 GAGA-2022-C-0259 (SodexoMaglc LLC) -Food Services Management Company
1213+Approved and Accepted By:
1214+SodexoMaglc LLC
1215+Contractor Representative Name: Selena Cuffe
1216+Contractor Representative Title: President
1217+1/13/2023
1218+Contractor Name, Date
1219+District of Columbia Publlc Schools
1220+1/13/2023
1221+Contractins Officer Date
1222+•• END of DOCUMENT •• DISTRICT OF COLUMBIA
1223+L_, ...
1224+RESOURCE STRATEGY OFFICE, CONTRACTS AND ACQUISITIONS DIVISION
1225+1200 First Street, NE, 9
1226+th Floor, Washington, DC 20002
1227+202-442-5112 tu FAX 202-442-5634
1228+John E. White
1229+Senior Vice-President
1230+SodexoMaglc, UC
1231+LETTER CONTRACT MODIFICATION 07
1232+February 8, 2023
1233+9801 Washington Blvd.
1234+Gaithersburg, MD 20878
1235+Subject: Letter Contract GAGA-2022-C-0259
1236+Contractor: SodexoMagic LLC
1237+Caption: Food Services Management Company
1238+Modification No.: 07
1239+The Government of District of Columbia hereby revises the Letter Contract and the previously issued
1240+Modifications to the above subject Letter Contract pursuant to 27 DCMR, Section 2425 and 3600 as
1241+follows:
1242+A.
1243+1.
1244+LEmR CONTRACT MODIFICATION 07:
1245+DELETE:
1246+REPLACE:
1247+DCPS Intends to deflnltlze this letter contract within 230 days date of award
1248+of this letter contract, at which time this letter contract shall merge with the
1249+deflnltlzed contract.
1250+Before expiration of the 230 days (February 15, 2023), the
1251+Contracting Officer
1252+may authorize an additional period in accordance with
1253+Section 2425.9, 27 DCMR (1988) of the District procurement regulations. If
1254+DCPS does not deflnitlze this contract within 230 days from the date of award of
1255+this letter contract or any extension thereof, this letter contract shall expire.
1256+DCPS Intends to definitize this letter contract within two hundred seventy-four
1257+(274) days from date of award of this letter contract, at which time this letter
1258+contract
1259+shall merge with the definltized contract. Before expiration of the 274
1260+days (March 31, 2023), the Contracting Officer may authorize an additional
1261+period
1262+In accordance with Section 2425.9, 27 DCMR (1988) of the District
1263+procurement regulations. If
1264+DCPS does not definltlze this contract within 274
1265+days from the date of award of this letter contract or any extension thereof, this
1266+letter contract
1267+shall expire. Page 2 of 3
1268+2. REMAIN:
1269+GAGA-2022-C-0259 (SodexoMagic LLC) -Food Services Management Company
1270+In the event of expiration of this letter contract, DCPS shall pay the Contractor
1271+for the
1272+services performed under this letter contract In an amount not to exceed
1273+$18,278,487.08 per estimated updated proposal dated October 28, 2022. In no
1274+event shall the amount paid under this letter contract, or any extension thereof
1275+exceed (50%) of the total deflnltlzed contract amount.
1276+B. LETTER CONTRACT MODIFICATION 07
1277+1. February 8, 2023
1278+2. February 9, 2023
1279+3. February 10, 2023
1280+4. February 13,2023
1281+5. February 15, 2023
1282+6. February 17, 2023
1283+7. February 21, 2023
1284+8. TBD
1285+9. TBD
1286+DCPS send Letter Contract Modification 07 for contractor signature.
1287+The Contractor return signed Letter Contract Modification 07 for DCPS
1288+signature.
1289+DCPS submits the signed Letter Contract Modification 07 to the
1290+Contractor.
1291+DCPS submit revised/updated Council Package to OAG for Legal
1292+Sufficiency review and approval.
1293+OAG sends Legal Sufficiency approval to DCPS.
1294+OAG and/or DCPS sends the council package and the legal sufficiency
1295+approval to EOM review.
1296+EOM submits contract package to City Council for review and approval.
1297+The City Council review and approval ends, and
1298+DCPS executes signed IFB/RFP and/or Contract Package and schedules
1299+post award Conference.
1300+The Contractor shall submit Invoices referencing the Purchase Order Number (TBD) and subject Contract
1301+Number GAGA-2022-C-0259 to the Contract Administrator (CA) for review and certification. The
1302+Contractor may contact the CA via email Robert.1aber@k12.dc.gov.
1303+All other terms and conditions of the Letter Contract Remain Unchanged. Page3of 3 GAGA-2022-C-0259 (SodexoMaglc LLC) -Food Services Management Company
1304+Approved and Accepted By:
1305+SodexoMqlc UC
1306+Contractor Representative Name:
1307+Contractor Representative Title:
1308+2/15/2023
1309+Date
1310+District of Columbla Publlc Schools
1311+2/15/2023
1312+Contrac:tlns Officer Date
1313+•• END of DOCUMENT •• DISTRICT OF COLUMBIA
1314+F
1315+11
1316+· I q I ,.(""'· c.. ...... c
1317+I.__ ~ LJ --· \__,. ... .)
1318+RESOURCE STRATEGY OFFICE, CONTRACTS AND ACQUISITIONS DIVISION
1319+1200 First Street, NE, 9
1320+th Floor, Washington, DC 20002
1321+202-442-5112 ta FAX 202-442-5634
1322+John E. White
1323+Senior Vice-president
1324+Sodexo Magic, LLC
1325+9801 Washington Blvd
1326+Gaithersburg, MD
1327+20878
1328+LETTER CONTRACT MODIFICATION 08
1329+March 9, 2023
1330+Subject: Letter Contract GAGA-2022-C-0259
1331+Contractor: Sodexo Magic LLC
1332+Caption: Food Services Management Company
1333+Modification No.: 08
1334+The Government of District of Columbia hereby revises the Letter Contract and the previously issued
1335+Modifications to the above subject Letter Contract pursuant to 27 DCMR, Section 2425 and 3600 as
1336+follows:
1337+A.
1338+1.
1339+LITTER CONTRACT MODIFICATION 08:
1340+DELETE:
1341+REPLACE:
1342+DCPS Intends to deflnitize this letter contract within two hundred seventy-four
1343+(274) days from date of award of this letter contract, at which time this letter
1344+contract
1345+shall merge with the definitlzed contract. Before expiration of the 274
1346+days (March 31, 2023), the Contracting Officer may authorize an additional
1347+period
1348+In accordance with Section 2425.9, 27 DCMR (1988) of the District
1349+procurement regulations. If
1350+DCPS does not deflnltize this contract within 274
1351+days from the date of award of this letter contract or any extension thereof, this
1352+letter contract shall expire.
1353+OCPS Intends to definltlze this letter contract within three hundred thirty-four
1354+(334) days from date of award of this letter contract, at which time this letter
1355+contract
1356+shall merge with the definltized contract. Before expiration of the 334
1357+days (May 31, 2023), the Contracting Officer may authorize an additional period
1358+In accordance with Section 2425.9, 27 DCMR (1988) of the District procurement
1359+regulations.
1360+If DCPS does not deflnitize this contract within 304 days from the
1361+date
1362+of award of this letter contract or any extension thereof, thlsletter contract
1363+shall expire. Page 2 of 3
1364+1. REMAIN:
1365+GAGA-2022-C-0259 (Sodexo Magic LLC) -Food Services Management Company
1366+In the event of expiration of this letter contract, DCPS shall pay the Contractor
1367+for the services performed under this letter contract in an amount not to exceed
1368+$18,278,487.08 per estimated updated proposal dated October 28, 2022. In no
1369+event shall the amount paid under this letter contract, or any extension thereof
1370+exceed (50%) of the total definltlzed contract amount.
1371+B. LETTER CONTRACT MODIFICATION 08
1372+1. March 8, 2023
1373+2. March 8, 2023,
1374+3. March 9, 2023,
1375+4. March 9,2023
1376+5. March 15, 2023,
1377+6. March 16, 2023,
1378+7. March 28, 2023,
1379+8. April 4, 2023,
1380+9. TBD
1381+DCPS send Letter Contract Modification 08 for contractor signature.
1382+The Contractor returns signed Letter Contract Modification 08 for DCPS
1383+signature.
1384+DCPS submits the signed Letter Contract Modification 08 to the
1385+Contractor.
1386+DCPS submit revised/updated Council Package to OAG for Legal
1387+Sufficiency review and approval.
1388+OAG sends Legal Sufficiency approval to DCPS.
1389+OAG and/or DCPS sends the council package and the legal sufficiency.
1390+approval
1391+to EOM review.
1392+EOM submits contract package to City Council for review and approval.
1393+The City Council review, and approval ends, and
1394+DCPS executes signed IFB/RFP and/or Contract Package and schedules
1395+post award Conference.
1396+The Contractor shall submit Invoices referencing the Purchase Order Number (TBD) and subject Contract
1397+Number
1398+GAGA-2022-C-0260 to the Contract Administrator (CA) for review and certtflcatlon. The
1399+Contractor may contact the CA via email Robert,jaber@k12,dc.gov.
1400+All other terms and conditions
1401+of the Letter Contract Remain Unchanged. Page 3 of 3
1402+GAGA-2022-C-0259 (Sodexo Magic LLC) --Food Services Management company
1403+Approved and Accepted By:
1404+Sodexo Maile LLC
1405+Contractor Representative Name: Selena Cuffe
1406+Contractor Representative Title: President
1407+District of Columbia Publlc Schools
1408+Contracting Officer
1409+3/10/2023
1410+Date
1411+3/13/2023
1412+Date
1413+•• END of DOCUMENT ••