District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0406 Compare Versions

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1- ENROLLED ORIGINAL
2-
3-
4-
1+MURIEL BOWSER
2+MAYOR
3+July 3, 2023
4+The 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 emergency bill, the
15+"Modification Nos. 3, 5, 8, and 10 to Contract
16+No. DCAM-21-CS-IFB-0002 with Consys, Inc. Approval and
17+Payment Authorization Emergency Act
18+of 2023", and the accompanying emergency declaration resolution.
19+The legislation will approve current and proposed modifications to a contract with Consys, Inc. for
20+construction services for the new W Street,
21+NE bus terminal for the Office of the State Superintendent's
22+Division
23+of Transportation and will authorize payment to Consys, Inc. for goods and services received and to
24+be received under the modifications.
25+If you have any questions regarding this legislation, please contact Delano Hunter, Acting Director,
26+Department
27+of General Services (" DGS"), or have your staff contact George G. Lewis, DGS's Chief of
28+Contracts and Procurement, at (202) 727-2800. 1
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59+32
60+A BILL
61+:;#~a
62+'chairmanPhil Mendelson
63+at the request
64+of the Mayor
65+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
66+To approve, on an emergency basis, Modification Nos. 3, 5, and 8 and proposed
67+Modification NolO to Contract No. DCAM-21-CS-IFB-0002 with Consys, Inc. to
68+provide construction services for the new
69+W Street, NE bus terminal, and to
70+authorize payment for the goods and services received and to be received under
71+the modifications.
72+BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
73+That this act may
74+be cited as "Modification Nos. 3, 5, 8 and 10 to Contract No. DCAM-
75+21-CS-IFB-0002 with Consys, Inc. Approval and Payment Authorization Emergency Act
76+of 2023".
77+Sec.
78+2. Pursuant to section 451 of the District of Columbia Home Rule Act,
79+approved December 24, 1973 (87 Stat. 803; D.C. Official
80+Code§ 1-204.51), and in
81+accordance with the requirements
82+of section 202(a) of the Procurement Practices Reform
83+Act
84+of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code§ 2-
85+352.02(a)), the Council approves Modification Nos. 3, 5, and 8 and proposed
86+modification No.
87+10 to Contract No. DCAM-21-CS-IFB-0002, with Consys, Inc. to
88+provide construction services for the new W Street,
89+NE bus terminal for the Office of the
90+State Superintendent
91+of Education's Division of Student Transportation, and authorizes 33 payment in the amount of $3,771,505.81 for the goods and services received and to be
92+34 received under the modifications.
93+35 Sec. 3. Fiscal impact statement.
94+36 The Council adopts the fiscal statement
95+of the Chief Financial Officer as the fiscal
96+37 impact statement required by section 4(a)
97+of the General Legislative Procedures Act of
98+38 1975, approved October 16, 2006 (120 Stat. 2038; D. C. Official Code§ 1-301.47(a)).
99+39 Sec.
100+4. Effective date.
101+40 This act shall take effect following approval by the Mayor ( or
102+in the event of veto
103+41 by the Mayor, action by the Council to override the veto), and shall remain in effect for
104+42 no longer than 90 days, as provided for emergency acts
105+of the Council of the District of
106+43 Columbia in section 412(a) of the District of Columbia Home Rule Act, approved
107+44 December 24, 1973 (87 Stat. 788; D.C. Official
108+Code§ 1-204.12(a)).
109+2 DGS
110+DEPARTMENT OF
111+GENERAL SE RVICES
112+BUILD=:
113+MAINTAIN
114+SUSTAIN
115+Pursuant to Section 202( c-1) of the Procurement Practices Reform Act of 2010, as amended,
116+D.C. Official Code§ 2-352.02(c-1), the following contract summary is provided:
117+COUNCIL CONTRACT SUMMARY
118+(Tipping)
119+Contract No. DCAM-21-CS-IFB-0002, Modification Nos. 3, 5 and 8, and Proposed
120+Modification No. 10 for Construction Services for the New W Street, NE Bus Terminal for the
121+OSSEDOT
122+(A) Contract Number:
123+Proposed Contractor:
124+Contract Amount:
125+Modification Nos. 3, 5 and 8 Amount:
126+Aggregated Amount of Contract
127+and Modification Nos. 3, 5 and 8:
128+Proposed Modification No. 10:
129+Total Proposed Contract Amount:
130+Term of Contract:
131+Type of Contract:
132+Source Selection Method:
133+DCAM-2 l-CS-IFB-0002 (the "Contract")
134+Consys, Inc. (the "Contractor")
135+$16,809,610.00
136+$974,091.91
137+$17,783,701.91
138+$2,797,413.90
139+$20,
140+581,115.81
141+July
142+21, 2022 ( date of execution of the Contract
143+by the Department) through April 30, 2024
144+(Administrative Term Date).
145+Lump Sum Price
146+Competitive Sealed Bid (Invitation for Bids)
147+(B) For a contract containing option periods, the contract amount for the base period and for
148+each option period. If the contract amount for one or more of the option periods differs
149+from the amount for the base period, provide an explanation of the reason for the
150+difference:
151+Not Applicable.
152+Government of the District of Columbia 4'I
153+Department of General ~rvices I dgs.dc.gov
154+2000 14
155+11
156+' Sreet NW, 8
157+th
158+Floor, Washington, DC 20009 Page 2 of6
159+(C) The goods or services to be provided, the methods of delivering goods or services, and any
160+significant program changes reflected in the proposed contract:
161+Under the Contract for Construction Services for the New W Street, NE Bus Terminal for the
162+OSSE DOT (DCAM-21-CS-IFB-0002) (the "Contract"), the contractor shall provide all
163+necessary construction services, supervision, permits, labor, supplies, equipment, materials and
164+all other work necessary for the completion
165+of the Project in accordance to the attached
166+Drawings and Specifications documents.
167+The Project shall greatly expand OSSE operations on this currently vacant and abandoned 2.5-
168+acre site, providing the urban infrastructure required to fulfill the transportation and logistics
169+demands
170+of an increasing Washington DC student population. OSSE is the State Education
171+Agency for the District
172+of Columbia charged with raising the quality of education for all DC
173+residents. OSSE serves
174+as the District's liaison to the U.S. Department of Education and works
175+closely with the District's traditional and public charter schools.
176+A contract with the Contractor was executed by the Department
177+of General Services (the
178+"Department") on July 21, 2022 (the "Contract").
179+Modification Nos.
180+3, 5 and 8 increased the total contract amount by $974,091.91.
181+Modification Nos.
182+1, 2, 4, 6, 7 and 9 were executed for administrative purposes.
183+The proposed Modification No. 10,
184+if approved, will increase the Contract's Not to Exceed
185+amount by $2,797,413.90. The Contractor's scope
186+of work will consist of VE
187+Reimplementation Part 1 and Part
188+2; Prefabricated Fueling System; Elevator Materials Increase
189+and Segmental Wall Geotech Services. Since the aggregate amount
190+of the Contract,
191+Modification Nos. 3, 5 and
192+8, and proposed Modification No. 10 exceed $1 million, Council
193+approval
194+is required.
195+(D) A description
196+of any bid protest related to the award of the contract, including whether
197+the protest was resolved through litigation, withdrawal
198+of the protest by the protestor, or
199+voluntary corrective action by the District. Include the identity
200+of the protestor, the
201+grounds alleged
202+in the protest, and any deficiencies identified by the District as a result of
203+the protest:
204+The award
205+of the Contract was not protested.
206+(E) The background and qualifications
207+of the proposed contractor, including its organization,
208+financial stability, personnel, and performance on past or current government or private
209+sector contracts with requirements similar
210+to those of the proposed contract:
211+Consys, Inc.
212+is a certified Small Business Enterprise ("SBE"), Washington, DC based firm and
213+has performed satisfactorily on previous projects with the District. The Contractor provides
214+complete construction services across a range
215+of project types and scales. The Contractor
216+------------------------------------~,. *
217+:.:.: Department of General Services 3924 Minnesota Ave, NE, Washington D.C. 20019 ~ Page 3 of6
218+possesses the financial stability to successfully perform the Project and has provided a staffing
219+plan for the Project which has been reviewed and approved by the Department. The Contractor
220+has been determined responsible in accordance with 27
221+DCMR 4706.1.
222+(F) The period of performance associated with the proposed change, including date as of
223+which the proposed change is to be made effective:
224+The period of performance associated with the Contract No. DCAM-21-CS-IFB-0002 and the
225+proposed
226+is from July 21, 2022 Through April 30, 2024. The proposed Modification No. 10
227+will become effective upon approval by the Council and execution by the Department.
228+(G) The value of any work or services performed pursuant to a proposed change for which
229+the Council has not provided approval, disaggregated by each proposed change
230+if more
231+than one proposed change has been aggregated for Council review:
232+Contract No. DCAM-21-CS-IFB-0002 was executed by the Department of General Services
233+(the "Department") on July 21, 2022 (the "Contract"). Modification Nos. 3, 5 and 8 increased
234+the total contract amount while Modification Nos.
235+1, 2, 4, 6, 7 and 9 were executed for
236+administrative purposes.
237+The proposed Modification No. 10 will increase the contract amount
238+to $20,581,115.81.
239+The total value
240+of the services provided to date under the Contract is 17,783,701.91, which
241+represents the not-to-exceed ("NTE") amount established by the Contract.
242+(H) The aggregate dollar value of the proposed changes as compared with the amount of the
243+contract
244+as awarded:
245+If approved, the aggregate total sum of Modification Nos. 3, 5, 8 and 10 would be
246+$3,771,505.81.
247+(I) Date on which the contracting officer was notified of the proposed change:
248+May 5, 2023.
249+(J) The reason why the proposed change was sent to Council for approval after it is intended
250+to take effect:
251+Modification Nos. 3, 5 and 8 was not previously submitted to Council for approval because the
252+total value did
253+not exceed $1 million. However, proposed Modification No. 10 would tip the
254+amount
255+of the Contract No. DCAM-21-CS-IFB-0002 over $1 million; thus, Council approval
256+of the Contract and the modifications is required.
257+(K) The reason for the proposed change:
258+The proposed Modification No. 10, if approved, will increase the Contract's Not to Exceed
259+amount by $2,797,413.90. The Contractor's scope
260+of work will consist of VE
261+* * .-------------------------------------.,.W .... EARf' == Department of General Services 3924 Minnesota Ave, NE, Washington D.C. 20019 OC Page 4 of6
262+Reimplementation Part 1 and Part 2; Prefabricated Fueling System; Elevator Materials Increase
263+and Segmental Wall Geotech Services.
264+(L) The legal, regulatory, or contractual authority for the proposed change:
265+Articles 3 and 4 of the Department's Standard Contract Provisions (Construction Contracts)
266+provide authority for the issuance
267+of modifications. Additionally, as the contract, Modification
268+No.
269+10 would increase the total Contract value over $1 million, this contract action is subject to
270+the requirements of the District of Columbia Horne Rule Act, codified at D. C. Official Code §
271+1-204. 51 (b ). Thus, Council review and approval of the proposed contract action are required
272+under the District
273+of Columbia Horne Rule Act, and the proposed contract action would be
274+authorized by Council's enactment
275+of "Contract, Modification Nos. 3, 5 and 8 and Proposed
276+Modification No.
277+10 to Contract No. DCAM-21-CS-IFB-0002 with Consys, Inc. Approval
278+and Payment Authorization Emergency Act
279+of 2022" pursuant to D.C. Official Code § 2-
280+352.02(c-2).
281+(M) A summary of the subcontracting plan required under section 2346 of the Small, Local,
282+and Disadvantaged Business Enterprise Development and Assistance Act
283+of 2005, as
284+amended, D.C. Official Code § 2-218.01 et seq. ("Act"), including a certification that the
285+subcontracting plan meets the minimum requirements
286+of the Act and the dollar volume
287+of the portion of the contract to be subcontracted, expressed both in total dollars and as a
288+percentage
289+of the total contract amount:
290+The Contractor is a ce1iified business enterprise in accordance with the Act (CBE Number:
291+LSDZX52129122023). Notwithstanding the foregoing, the Contractor has submitted its
292+subcontracting plan
293+as required by law.
294+(N) Performance standards and the expected outcome of the proposed contract:
295+The District of Columbia Department of General Services awarded a Contract for the
296+construction
297+of the New W Street, NE Bus Terminal for the Office of State Superintendent of
298+Education's Division of Transportation. The Contractor's scope of work consists of all
299+necessary construction services, supervision, permits, labor, supplies, equipment, materials and
300+all other work necessary for the completion
301+of the Project in accordance with the Drawings and
302+Specifications.
303+(0) The amount and date of any expenditure of funds by the District pursuant to the contract
304+prior
305+to its submission to the Council for approval:
306+Upon Council Approval (CA24-0218), on July 21, 2021 a contract with Consys, Inc. was
307+executed by the Department
308+of General Services. Modification Nos. 3, 5 and 8 to the contract
309+Increased the Contract's Not to Exceed amount from $16,809,610.00 by $974,091.91
310+to
311+$17,783,701.91. The amount of Modification Nos. 3, 5 and 8 was less than $1 million, thus
312+Council's approval was not required.
313+--------------------------------------...,..
314+:.:.: Department of General Services 3924 Minnesota Ave, NE, Washington D.C. 20019 ~ Page 5 of6
315+(P) A certification that the proposed contract is within the appropriated budget authority for
316+the agency for the fiscal year and
317+is consistent with the financial plan and budget adopted
318+in accordance with D.C. Official
319+Code§§ 47-392.01 and 47-392.02:
320+The aggregate total NTE amount of Contract No. DCAM-21-CS-IFB-0002, Modification Nos.
321+3,
322+5, 8 and proposed Modification No. 10 is within the appropriated budget authority for the
323+agency, for the fiscal year. The Agency Fiscal Officer has certified that total aggregate amount
324+of the contract, Modification Nos. 3, 5 and 8 and the proposed Modification No. 10 is
325+consistent with the financial plan and budget adopted in accordance with D.C. Official Code§§
326+47-392.01 and 47-392.02. The relevant Fiscal Sufficiency certification accompanies this
327+Council Package.
328+(Q) A certification that the contract is legally sufficient, including whether the proposed
329+contractor has any pending legal claims against the District:
330+The Contract No. DCAM-21-CS-IFB-0002, Modification Nos. 3, 5 and 8 and proposed
331+Modification No.
332+10 have been deemed legally sufficient by the District's Office of the
333+Attorney General. The Contractor does not appear
334+to have any currently pending legal claims
335+against the District.
336+(R) A certification that Citywide Clean Hands database indicates that the proposed
337+contractor is current with its District taxes.
338+If the Citywide Clean Hands Database
339+indicates that the proposed contractor
340+is not current with its District taxes, either: (1) a
341+certification that the contractor has worked out and
342+is current with a payment schedule
343+approved by the District; or (2) a certification that the contractor will be current with its
344+District taxes after the District recovers any outstanding debt as provided under D.C.
345+Official
346+Code§ 2-353.0l(b):
347+The Citywide Clean Hands database indicates that the Contractor is current with its District
348+taxes. The applicable Clean Hands certification for the Contractor accompanies this Council
349+Package.
350+(S) A certification from the proposed contractor that it is current with its federal taxes, or
351+has worked out and
352+is current with a payment schedule approved by the federal
353+government:
354+The Contractor has certified that it is in compliance with federal tax laws.
355+(T) The status of the proposed contractor as a certified local, small, or disadvantaged
356+business enterprise as defined in the Small, Local, and Disadvantaged Business
357+Enterprise Development and Assistance Act
358+of 2005, as amended; D.C. Official Code § 2-
359+218.01
360+et seq.:
361+According to the DSLBD 's website, the Contractor is a certified Local Business Enterprise.
362+The Contractor's CBE Number
363+is LSDZX52129122023 with an expiration date of December
364+13, 2023.
365+------------------------------------..........
366+:.:.: Department of General Services 3924 Minnesota Ave, NE, Washington D. C. 20019 ~ Page 6 of6
367+(U) Other aspects of the proposed contract that the Chief Procurement Officer considers
368+significant:
369+Not Applicable.
370+(V) A statement indicating whether the proposed contractor is currently debarred from
371+providing services or goods to the District or federal government, the dates
372+of the
373+debarment, and the reasons for debarment:
374+The Contractor
375+is not debarred from providing services to the Government of the District of
376+Columbia or the Federal Government according to the Office of Contracts and Procurement's
377+Excluded Parties List and the Federal Government's Excluded Parties List.
378+(W) Any determination and findings issues relating to the contract's formation, including any
379+determination and findings made under D.C. Official Code
380+§ 2-352.05 (privatization
381+contracts):
382+Not Applicable.
383+(X) Where the contract, and any amendments or modifications,
384+if executed, will be made
385+available online:
386+Contract award information, Contract No. DCAM-21-CS-IFB-0002 and Modifications are
387+available on the Department's website. A copy
388+of the proposed Modification No. 10 (if
389+approved) will be made available.
390+(Y) Where the original solicitation, and any amendments or modifications, will be made
391+available online:
392+The original solicitation and any amendments were posted on the Department's website.
393+(Z) A notation identifying:
394+(i) whether the Contractor is a covered contractor, as that term is
395+defined
396+in D.C. Official Code § 1-1161.01; and (ii) to which prohibited recipients, as that
397+term is defined in D.C. Official
398+Code§ 1-1161.01(45D), the Contractor is prohibited from
399+making campaign contributions and during what prohibited period,
400+as that term is
401+defined
402+in§ 1-1161.01(45C).
403+Based upon a certification from the Contractor, the Contractor has not been determined to be
404+in
405+violation ofD.C. Official Code§ 1-1163.34a.
406+-------------------------------------.....
407+:.:.: Department of General Services 3924 Minnesota Ave, NE, Washington D. C. 20019 ~ * * * Government of the District of Columbia
408+Office
409+of the Chief Financial Officer
410+Office
411+of Tax and Revenue
412+Date of Notice: June 13, 2023
413+CONSYS rNC
414+732 KENNEDY ST NW
415+WASHINGTON DC 20011-3032
416+110 I 4
417+th
418+Street, SW
419+Washington, DC 20024
420+Notice Number: L0009696774
421+FEIN: **-***8636
422+Case ID: 1531295
423+CERTIFICATE OF CLEAN HANDS
424+As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
425+liability with the District
426+of Columbia Office of Tax and Revenue or the Department of Employment
427+Services. As
428+of the date above, the individual/entity has complied with DC Code§ 47-2862, therefore
429+this Certificate of Clean Han ds
430+is issued.
431+TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
432+CHAPTER 28 GENERAL LICENSE
433+SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
434+D.C.
435+CODE§ 47-2862 (2006)
436+§ 47-2862
437+PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
438+Authorized By Melinda Jenkins
439+Branch
440+Chief, Collection and Enforcement Administration
441+To validate this certificate, please visit MyTax.DC
442+.gov. On the MyTax DC homepage, click the
443+"Validate a Certificate
444+of Clean Hands" hyperlink under the Clean Hands section.
445+1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov GOVERNMENT OF THE DISTRICT OF COLUMBIA
446+OFFICE OF THE ATTORNEY GENERAL
447+Legal Counsel Division
448+MEMORANDUM
449+TO: Tommy Wells
450+Director
451+*** --
452+Office of Policy and Legislative Affairs
453+FROM: Megan D. Browder
454+Deputy Attorney General
455+Legal Counsel Division
456+DA
457+TE: June 7, 2023
458+SUBJECT: Legal Sufficiency Review of the "Modification Nos. 3, 5, 8 and 10 to Contract No.
459+DCAM-21-CS-IFB-0002
460+with Consys, Inc. Approval and Payment Authorization
461+Emergency Act of 2023" and Accompanying Declaration Resolution
462+(AE-23-330)
463+This is to Certify that this Office has reviewed the above-referenced
464+legislation and that we have found it to be legally sufficient. If you have any questions in this
465+regard, please do not hesitate to call me at (202) 724-5524.
466+Megan D. Browder
467+1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D .C. 20004 Phone (202) 724-5524 Ema il: megan.browder@dc.gov BUILD:
468+MAINTAIN
469+SUSTAIN
470+GOVERNMENT OF THE DISTRICT OF COLUMBIA
471+DEPARTMENT
472+OF GENERAL SERVICES
473+* * *
474+Memorandum
475+To:
476+Delano Hunter
477+Acting Director
478+From: Antoinette Hudson Beckham
479+Agency Fiscal Officer
480+Department
481+of General Services
482+Reference: Contract No. DCAM-21-CS-IFB-0002
483+* * * WEARE
484+WASI-IINGTON
485+oc
486+Construction Services for the New W Street, NE Bus Terminal for the
487+OSSEDOT
488+Date: May 15, 2023
489+Subject: Fiscal Sufficiency Certification
490+In my capacity
491+as the Agency Fiscal Officer of the Department of General Services (the
492+"Department"), I hereby certify that the Contract for Construction Services for the New W Street,
493+NE Bus Terminal for the OSSE DOT (DCAM-21-CS-IFB-0002) (the "Contract"), with Consys Inc
494+(the "Contractor"), in the amount
495+of $3,771,505.81 is consistent with the Department's current
496+budget and that adequate funds are available in the budget for the expenditure.
497+Per the Department
498+of General Services Contracts & Procurement team (C&P), on June 21, 2021,
499+the Definitized Contract was executed for a total contract amount
500+of $16,809,610.00. Modifications
501+No. 3, 5 and 8 increased the total contract amount by
502+$974,091.91 ($190,927.76+$298,462.62+
503+$484,701.53) from $16,809,610.00 to $17,783,701.91. Since the Contract price was under
504+$1
505+million, Council's approval was not required. Modifications No. 1, 2, 4, 6 and 7 were executed for
506+administrative purposes. The proposed Modification No. 9 in the amount
507+of $2,797,413.90, will
508+increase the contract amount
509+to $20,581,115.81 ($16,809,610.00 + $3,771,505.81). The proposed
510+Contract increase
511+of $2,797,413.90 is to provide the VE Reimplementation Part 1 and Part 2;
512+Prefabricated Fueling System; Elevator Materials Increase and Segmental Wall Geotech Services.
513+If approved, the aggregate total sum of Modifications No. 3, 5, 8 and 9 would be $3,771,505.81;
514+thus, Council approval is required for all contract value increases of $1 M or more.
515+While funding
516+in the amount of $3,771,505.81 is being certified for capital eligible items only,
517+there
518+is an ineligible amount of $290,130.48. listed in Exhibit A of the Contract. See the non-capital Fiscal Sufficiency Review
519+DCAM-21-CS-IFB-0002
520+Construction Services for the
521+New W Street,
522+NE Bus Terminal for the OSSE DOT
523+column and associated items. These items are ineligible for capital expenditure, per the District
524+Capital Guidelines. The goods/services are needed in FY2023. There should
525+be no purchases,
526+commitments, or expenditures for these items, until operating funds are available, via a purchase
527+order for the same amount.
528+The Department of General Services (DGS -Implementing AGY) has $3,771,505.81
529+in the Office of the State Superintendent of Education, Division of Student Transportation (OSSE­
530+DOT -Owner AGY) cumulative capital budget authority balance.
531+The PASS information is attached/ below.
532+Project Name Project AY Fund Imp. AGY Owner RK/PO Amount
533+Number Detail AGY
534+160 I W STREET NE
535+BUILDING BRMISC 2017 0300 AMO GOO PO668976 $190,927.76
536+RENOVATIONS
537+AMO.PL! 03C.HAZA
538+RDOUS MA TERI AL 100132 NIA 3030300 AMO AMO PO678809 $298,462.62
539+A
540+BATEMENT
541+POOL)
542+160 I W STREET NE 100021 NIA 3030300 AMO GOO PO686530 $484,70 1.53
543+BUILDING
544+RENOVATIONS
545+1601 W STREET NE 100021 NIA 3030300 AMO GOO RK.245991 $1,912,806.84
546+BUILDING
547+RENOVATIONS
548+160 I W STREET NE 100021 NIA 3030300 AMO GOO RK.245971 $196,384.68
549+BUILDING
550+RENOVATIONS
551+AM0.BRMISC.1601 100021 NIA 3030300 AMO GOO RK.232395 $240,428.86
552+W
553+STREET NE
554+BUILDING
555+RENOVATION
556+AM0.BRMISC.1601 100021 NIA 3030300 AMO GOO RK245651 $93,745.80
557+W
558+STREET NE
559+BUILDING
560+RENOVATION
561+AM0.BRMISC.1601 100021 NIA 3030300 AMO GOO RK.244489 $304,860.53
562+W
563+STREET NE
564+BUILDING
565+RENOVATION
566+AM0.BRMISC.1601 1 00021 NIA 3030300 AMO GOO RK.234004 $30,442.50
567+W
568+STREET NE
569+BUILDING
570+RENOVATION
571+AM0.BRMISC.1601 100021 NIA 3030300 AMO GOO RK.240671 $18,744.69
572+W
573+STREET NE
574+BUILDING
575+RENOVATION
576+Total $3,771 505.81
577+Comments
578+See Attached
579+See Attached
580+See Attached
581+See Attached
582+FY2023
583+Ine
584+ligible
585+Costs
586+See Attached
587+FY2023
588+Ineligible
589+Costs
590+See Attached
591+See Attached
592+See Attached
593+Page 2 of 3 Fiscal Sufficiency Review
594+DCAM-21-CS-IFB-0002
595+Construction Services for the New W Street,
596+NE Bus Terminal for the OSSE DOT
597+for AHB
598+Antoinette Hudson Beckham
599+Agency Fiscal Officer
600+Department
601+of General Services
602+Page 3 of 3 MODIFICATION OF CONTRACT
603+1. Contract Number Page of Pages
604+DCAM-21-CS-IFB-0002 1
605+I 2
606+2. Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
607+Construction Services for the
608+W Street, NE Bus Terminal
609+Modification No. 3 See Block 16C RK216859 the OSSE DOT
610+6. Issued By: 7. Administered By (If other than line 6)
611+Department of General Services Department of General Services
612+Contracting and Procurement Division Capital Construction Division
613+2000 14th Street, NW, 4th Floor 1250 U Street, NW 4th Floor
614+Washington, DC 20009 Washington, DC 20009
615+8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
616+Consys, Inc. 9B. Dated (See Item 11)
617+732 Kennedy Street, NW
618+Washington, DC 20011 1 0A. Modification of Contract/Order No.
619+Attn: Vijay Kasimsetty
620+X
621+DCAM-21-CS-IFB-0002
622+Email: vijay@consys-lnc.net 1 OB. Dated (See Item 13)
623+June
624+21, 2021
625+11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
626+LJThe above numbered solicitation is amended as set fo rth in Item 14. The hour and date specified for receipt of Offers LJis extended. LJis not extendec
627+Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
628+following methods: (a) By completing Items 8 and
629+15, and returning 1 copies of the amendment: (b) By acknowledgi ng receipt of tt
630+---
631+amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
632+amendment
633+number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFEI
634+PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by vi rtue of this amendment you desire to cha
635+an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
636+solicitation and this amendment, and
637+is received prior to the opening hour and date specified.
638+12. Accounting and Appropriation Data (If Required)
639+13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
640+IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED
641+IN ITEM 14
642+A. This change order is issued pursuant to: (Specify Authority)
643+The changes set forth
644+in Item 14 are made in the contract/order no. in item 1 0A.
645+B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriatic
646+date, etc.) set forth
647+in item 14.
648+C. This supplemental agreement is entered into pursuant to authority of:
649+X
650+D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Contract No. DCAM-21-CS-IFB-0002
651+E. IMPORTANT: Contractor LJ is not, ~is required to sign this document and return 1 copy to the issuing office.
652+---
653+14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasi
654+IFS No. DCAM-21-CS-IFB-0002-to provide construction services for the Office of State Superintendent of Education's new bus terminal is h-
655+modified
656+as follows:
657+1. Modification 1 dated July 20, 2022 is hereby renumbered as Modification 2.
658+2. Scope of Work. The Contractor shall perform the additonal services as described in the Contractor's proposal {Exhibit A).
659+3. Price. The price for the additional services is $190,927.76. The contract's value is hereby increased from $16,809,610.00 by $190,927.76
660+$17,000,537.76.
661+In no event shall the Contractor be paid more than $17,000,537.76 to complete the project unle ss the Contractors, is
662+authorized to exceed this limit in advance and in writing by a DGS Contracting Officer.
663+4. Terms & Conditions. All other terms and conditions remain unchanged.
664+S. Release. It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases, waives, set
665+and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions, additional work, additio
666+time, additional cost, contract extensions, compensations
667+or liability under any theory, whether known or unknown, that the Contractor m
668+have
669+now or in the future against the Department arising from or out of, as consequences or result of, relating to or in any manner connect
670+with this Modification. the above-referenced Project, and the Contract work. (Continuation)
671+Contract Number
672+DCAM-21-CS-
673+IFB-0002
674+6. BOA Recap:
675+BOA Executed on June 21, 2021
676+Modification
677+No. 1
678+Modification
679+No. 2
680+Modification
681+No. 3
682+Modification No.
683+Modification No. 3
684+Administrative
685+Administrative -Revised Schedule Dates ( Substantial, Final
686+& Administrative Term)
687+Administrative -Cost Increase (current)
688+Page of Pages
689+2 of 2
690+NTE Amount
691+$16,809,610.00
692+$0.00
693+$0.00
694+$190,927.76 MODIFICATION OF CONTRACT
695+2. Modification Number 3. Effective Date
696+1. Contract Number
697+D
698+CAM-2 I -CS-IFB-0002
699+4. Requisition/Purchase Request No.
700+Page of Pages
701+I 2
702+5. Caption
703+Modification
704+No. 5 See Block l 6C RK227005
705+Construction Services for the New W
706+Street,
707+NE Bus Terminal for the OSSE
708+DOT
709+6. Issued By:
710+Department of General Services
711+Contracting and Procurement Division
712+2000 14th Street, 4th Floor
713+Washington,
714+DC 20009
715+7. Administered By (If other than line 6)
716+Department
717+of General Services
718+Capital Construction Division
719+1250 U Street, 4th Floor
720+Washingto
721+n, DC 20009
722+8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicita tion No.
723+Consys Inc
724+732 Kennedy Street,
725+NW
726+Washington, DC 20011
727+Attn: Vijay Kasimsetty
728+v
729+ijay@consys-inc.net
730+9B. Dated (See Item
731+11)
5732 1
6-AN ACT
7-
8-__________
9-
10-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
11-
12-__________________
13-
14-
15-To approve, on an emergency basis, Modification Nos. 3, 5, and 8, and proposed Modification
16-No. 10 to Contract No. DCAM-21-CS-IFB-0002, between the Department of General
17-Services and Consys, Inc. to provide construction services for the new W Street, NE bus
18-terminal for the Office of the State Superintendent of Education’s Division of Student
19-Transportation, increasing the aggregated not-to-exceed amount by $3,771,505.81 from
20-$16,809,610.00 to $20,581,115.81; and to authorize payment to Consys, Inc. for services
21-received and to be received under these modifications.
22-
23- BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
24-act may be cited as “Modification Nos. 3, 5, 8 and 10 to Contract No. DCAM-21-CS-IFB-0002
25-with Consys, Inc. Approval and Payment Authorization Emergency Act of 2023”.
26-
27- Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act, approved
28-December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51), and notwithstanding the
29-requirements of section 202 of the Procurement Practices Reform Act of 2010, as amended,
30-effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-352.02), the Council approves
31-Modification Nos. 3, 5, 8, and proposed modification No. 10 to Contract No. DCAM-21-CS-
32-IFB-0002, with Consys, Inc. to provide construction services for the new W Street, NE bus
33-terminal for the Office of the State Superintendent of Education’s Division of Student
34-Transportation and authorizes payment in the amount of $3,771,505.81 for services received and
35-to be received under these modifications.
36-
37- Sec. 3. Fiscal impact statement.
38-The Council adopts the fiscal statement of the Chief Financial Officer as the fiscal impact
39-statement required by section 4(a) of the General Legislative Procedures Act of 1975, approved
40-October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47(a)).
41-
42-Sec. 4. Effective date.
43-This act shall take effect following approval by the Mayor (or in the event of veto by the
44-Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
45-90 days, as provided for emergency acts of the Council of the District of Columbia in section ENROLLED ORIGINAL
46-
47-
48-
49- 2
50-412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
51-D.C. Official Code § 1-204.12(a)).
52-
53-
54-
55-
56-______________________________
57-Chairman
58-Council of the District of Columbia
59-
60-
61-
62-
63-
64-_________________________________
65-Mayor
66-District of Columbia
67-
733+OA. Modification of Contract/Order No.
734+X DCAM-2 l-CS-IFB-0002
735+1
736+OB. Dated (See Item 13)
737+June 21, 2021
738+11. THIS I
739+TEM ONLY APPLIES TO AMENDMENTS OF SOLICIT A TIO NS
740+_jThc above numbered solicitation is amended as set forth in I tem 14. The hour a nd date specified for receipt of Offers LJis extended. LJis not extended.
741+Offers must acknowledge receipt
742+of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
743+following method s: (a) By completing Items 8 and 15, and returning l copies of the amendment: (b) By acknowledging receipt of this
744+amendment on each copy
745+of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
746+ame
747+ndment number. FAILURE OF YOUR ACKNOWLEDGEMEN T TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
748+PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT fN REJECTION OF YOUR OFFER. l fby virtue of this amendment you desire to change
749+an offer already submitted, such change may be ma
750+de by letter or fax, prov ided each letter or tel egram makes refere nce to the
751+so
752+licitation and this amendment, and is received prior to the opening hour and date specifie d.
753+12. Accounting and Appropriation Data (If Required)
754+13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
755+IT MODIFIES
756+THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
757+A. This change order is issued pursuant to: (Specify Authority)
758+The changes set forth in Item
759+14 are made in the contract/order no. in item l OA.
760+B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
761+date, etc.) set forth in item
762+14.
763+C. This supplemental agreement is entered into pursuant to authority of:
764+X
765+D. Other
766+(Specify type of modification and authority) Title 27 DCMR Sections 4 728 and Contract No. DCAM-2 l-CS-IFB-0002
767+E. IMPORTANT: Contractor LJ is not, ~ is required to sign this document and return ___ l __ copy to the issuing office.
768+14. Description of amendment/modification (Orga nized by UCF Section headings, inc luding solicita tion/contract subject matter where feasible.)
769+I. Scope of Work. The Contractor sha ll perform the additonal services as described in the Contractor's proposal (Exhibit A).
770+2. Price. The price for the additional serv ices is $298,462.62. The contrac t's value is here by increased from $17,000,537.76 by $298.462.62 to
771+$17,299,000.38. In no event sha ll the Contractor be paid more than $17,299,000.38 to complete the project unless the Contractors, is authorized to
772+exceed this limit in advance and in writing by a DGS Contracting Officer.
773+5. Release. It is mutua lly agreed that in exchange for this Change Order and o ther considerations, the Contractor hereby releases, waives, settles, and
774+holds the Department harmless from any and a
775+ll actual or potential claims or demands for delays, disruptions, additional work, additional tim e,
776+additional cost, contract extensions, co mpensations or liability under any theory, whether known or unknown, that the Contractor may have now or in
777+the future against the Department arising from or out of, as a
778+consequence or result of, relating to or in any manner connected with this Modification,
779+the above-referenced Projec
780+t, and the Contract Work.
781+15A.
782+Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
783+Vijay Kasimsetty, Pres ident Eric Njon jo
784+15B. Consys Inc ! SC. Date Signed 16B. District of Columbia I 6C. Date Signed
785+12/09/2022
786+12/9/2022
787+(Signature of person authorized to sign)
788+(Signature of Contracting Officer) (Continuation)
789+Modifica
790+tion No. 5 Page of Pages
791+DCAM-2 l-CS-IFB-0002
792+Modifcation No. 5 2
793+of2
794+6. Contract Recap:
795+Contract Contract executed on 06/21 /202 l $16,809,610.00
796+Modification No. 1 Administra
797+tive $0
798+Modification No. 2 Administrative $0
799+Modi
800+fication No. 3 Admin istrative -Cost Increase $190,927.76
801+Modification No. 4 Administrative $0
802+Modification No. 5 Cost Increase $298,462.
803+62
804+Total Contract Amount $17,299,000.38 I. Contract Number Page of Pages
805+MODIFICATION OF CONTRACT DCAM-2 l-CS-lFB-0002
806+I I :;
807+2. Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
808+Construction Services for the r
809+Modification No. 8 See Block l 6C RK227005 Street, NE Bus Terminal for th,
810+DOT
811+6. Issued By: 7. Administered By (If other than line 6)
812+Department
813+of General Services Department of General Services
814+Contracting and Procurement Division
815+Capital Constrnction Division
816+2000 14th Street, 4th Floor 1250 U Street, 4th Floor
817+Washington,
818+DC 20009 Washington, DC 20009
819+8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
820+Consys Inc 9B. Dated (See Item 11)
821+732 Kennedy Street,
822+NW
823+Washington, DC 20011 I OA. Modification of Contract/Order No.
824+Attn: Vijay Kasimsetty
825+X
826+DCAM-2 l-CS-IFB-0002
827+vijay@consys-inc.net I OB. Dated (See It em 13)
828+June 21, 2021
829+1 I.
830+THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
831+LJThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers LJis extended. LJ is not ex
832+Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
833+fo
834+llowing methods: (a) By completing Items 8 and 15, and retwning l copies of the amendment: (b) By acknowledging receipt of
835+amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the so licitation and
836+amendment number.
837+FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF 0
838+PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. Ifby virtue of this amendment you desire to,
839+an offer already submitted, such change may be
840+made by letter or fax, provided each letter or telegram makes reference to the
841+so
842+licitation and this amendment, and is received prior to the openi ng hour and date specified.
843+12. Accounting and Appropriation
844+Data (If Required)
845+13.
846+THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
847+IT MODIFIES
848+THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
849+A. This change order is issued pursuant to: (Specify Authority)
850+The changes set forth in Item I 4 are made in the contract/order no. in item I OA.
851+B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriat
852+date, etc.) set forth in item 14.
853+C. This supplemental agreement
854+is entered into pursuant to authority of:
855+X
856+D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Contract No. DCAM-2 l-CS-IFB-0002
857+E. IM PORT ANT: ContractorLJis not, ~ is required to sign this document and return I copy to the issuing office.
858+14. Description
859+of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasil
860+Contract Number DCAM-
861+21-CS-IFB-0002 Construction Services for the New W Street, NE Bus Terminal for the OSSE DOT is hereby modified as fo
862+1. Scope of Work. The Contractor sha ll perform the additonal services as described in the Contractor's proposal (Exhibit A).
863+2. Price.
864+The contract's value is hereby increased from $17,299,000.38 by $484,701.53 to $17,783,701.91. In no event sha ll the Contractor b
865+more than
866+$17,783,701.91 to complete the project unless the Contractors, is authorized to exceed this limit in advance and in writing by a D•
867+Contracting Officer.
868+3. SBE subcontracting plan. The SBE sub-contracting plan is hereby revised to align with the revised total value of the Contract (Exhibit I
869+4. First Source Agreement a nd Employment Plan. The First Source Agr eement and Employment Plan is hereby revised to align with the
870+revised total value
871+of the Contract (Exhibit C).
872+5. Terms and Condition s: All other terms and conditions remain uchanged.
873+6. Release. It is mutually agreed that in exchange for this Change Order and other considerations, the Contractor hereby releases, waives, set
874+and holds the Department harmless from any and a
875+ll actual or potential claims or demands for delays, disruptions, additional work, additiona
876+additional cost, contract extensions, compensations
877+or liability under any theory, whether known or unknown, that the Contractor may have 1
878+in the future again st the Department arising from or out of, as a consequence or result of, relating to or in any manner connected with this
879+Modification, the above-referenced Project, and the Contract Work. (Continuation)
880+Modification No. 8 Page of Pages
881+DCAM-2 l-CS-IFB-0002
882+Modifcation No. 8 2
883+of2
884+7. Contract Recap:
885+Contract Contract executed on 06/21/2021 $16,809,610.00
886+Modification No. I Administrative $0
887+Modification No. 2 Administrative
888+. $0
889+Modification No. 3 Administrative -Cost Increase $190,927.76
890+Modification No. 4 Administrative $0
891+Modification No. 5 Cost Increase $298,462.62
892+Modification No. 6 Administrative $0
893+Modification No. 7 Administrative $0
894+Modification No. 8 Cost Increase $484,701.53
895+Total Contract Amount $17,783,701.91 (Continuation)
896+Modification No. 10 Page of Pages
897+DCAM-2 l-CS-IFB-0002
898+Modifcation No. I 0 2
899+of2
900+I
901+Contract Contract executed on 07/ 21/2021 $16,809,610.00
902+Modification No. I Administrative $0
903+Modification No. 2 Administrative $0
904+Modification No. 3 Administrative -Cost Increase $190,
905+927.76
906+Modification No. 4 Administrative $0
907+Modification No. 5 Cost Increase $298,462.62
908+Modification No. 6 Administrative $0
909+Modification No. 7 Administrative $0
910+I
911+Modification No. 8 Cost Increase $484,701.53
912+Modification No. 9 Administrative $0
913+Modification No.
914+IO Cost Increase $2,797,413.90
915+Total Contract Amount $20,581,115.81