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 |
---|
| 29 | + | 2 |
---|
| 30 | + | 3 |
---|
| 31 | + | 4 |
---|
| 32 | + | 5 |
---|
| 33 | + | 6 |
---|
| 34 | + | 7 |
---|
| 35 | + | 8 |
---|
| 36 | + | 9 |
---|
| 37 | + | 10 |
---|
| 38 | + | 11 |
---|
| 39 | + | 12 |
---|
| 40 | + | 13 |
---|
| 41 | + | 14 |
---|
| 42 | + | 15 |
---|
| 43 | + | 16 |
---|
| 44 | + | 17 |
---|
| 45 | + | 18 |
---|
| 46 | + | 19 |
---|
| 47 | + | 20 |
---|
| 48 | + | 21 |
---|
| 49 | + | 22 |
---|
| 50 | + | 23 |
---|
| 51 | + | 24 |
---|
| 52 | + | 25 |
---|
| 53 | + | 26 |
---|
| 54 | + | 27 |
---|
| 55 | + | 28 |
---|
| 56 | + | 29 |
---|
| 57 | + | 30 |
---|
| 58 | + | 31 |
---|
| 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) |
---|
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 |
---|