District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0459 Compare Versions

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1- ENROLLED ORIGINAL
2-
3-
4-
51 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, Contract No. GAGA-2023-C-0248 with D.C. Central
16-Kitchen, for food service management at District of Columbia Public Schools, and
17-Modification No. 1 thereto, and to authorize payment for the goods and services received
18-and to be received under that contract and modification.
19-
20-
21- BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
22-act may be cited as the “Contract No. GAGA-2023-C-0248 with D.C. Central Kitchen Approval
23-and Payment Authorization Emergency Act of 2023”.
24-
25-Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act, approved
26-December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51), and notwithstanding the
27-requirements of section 202 of the Procurement Practices Reform Act of 2010, effective April 8,
28-2011 (D.C. Law 18-371; D.C. Official Code § 2-352.02), the Council approves Contract No.
29-GAGA-2023-C-0248 with D.C. Central Kitchen, and modification No. 1 thereto, for food service
30-management at District of Columbia Public Schools and authorizes payment in the total not-to-
31-exceed amount of $2,120,152.35 for goods and services received and to be received under the
32-contract.
33-
34- Sec. 3. Fiscal impact statement.
35- The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
36-impact statement required by section 4a of the General Legislative Procedures Act of 1975,
37-approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
38-
39-Sec. 4. Effective date.
40-This act shall take effect following approval by the Mayor (or in the event of veto by the
41-Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
42-90 days, as provided for emergency acts of the Council of the District of Columbia in section
43-
44-
45-
46-
47- ENROLLED ORIGINAL
48-
49-
50-
512 2
52-
53-412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
54-D.C. Official Code § 1-204.12(a)).
55-
56-
57-
58-
59-______________________________
60-Chairman
61-Council of the District of Columbia
62-
63-
64-
65-
66-
67-_________________________________
68-Mayor
69-District of Columbia
70-
3+3
4+4
5+5
6+6
7+7 A BILL
8+8
9+9
10+10
11+11
12+~Af'm-t--
13+Chairman Phil Mendelson
14+at the request
15+of the Mayor
16+12 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
17+13
18+14
19+15
20+16 To approve, on an emergency basis, No. GAGA-2023-C-0248 with D.C. Central Kitchen,
21+17 for food service management at District of Columbia Public Schools, and to
22+18 authorize payment for the goods and services received and to be received under
23+19 that contract.
24+20
25+21
26+22 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
27+23 That this act may be cited as the "Contract No. GAGA-2023-C-0248 with D.C. Central
28+24 Kitchen Approval and Payment Authorization Emergency Act
29+of 2023".
30+25 Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act,
31+26 approved December 24,
32+1973 (87 Stat. 803; D.C. Official Code§ 1-204.51), and
33+27 notwithstanding the requirements
34+of section 202( a) of the Procurement Practices Reform
35+28 Act
36+of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code§ 2-
37+29 352.02(a)), the Council approves Contract No. GAGA-2023-C-0248 with D.C. Central
38+30 Kitchen for food service management at District of Columbia Public Schools and
39+31 Modification No. 1 thereto, and authorizes payment in the total not-to-exceed amount of
40+32 $2,120,152.35 for goods and services received and to be received under the contract.
41+33 Sec. 3. Fiscal impact statement. 34 The Council adopts the fiscal impact statement of the Chief Financial Officer as
42+35 the fiscal impact statement required by section 4a of the General Legislative Procedures
43+36 Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code§ 1-
44+37 301.47a).
45+38 Sec. 4. Effective date.
46+39 This act shall take effect following approval by the Mayor ( or in the event of veto
47+40 by the Mayor, action by the Council to override the veto), and shall remain in effect for
48+41 no longer than 90 days, as provided for emergency acts of the Council of the District of
49+42 Columbia in section 412(a) of the District of Columbia Home Rule Act, approved
50+43 December 24, 1973 (87 Stat. 788; D.C. Official Code§ 1-204.12(a)).
51+2 GOVERNMENT OF THE DISTRICT OF COLUMBIA
52+Office
53+of Contracting and Procurement
54+* * *
55+-
56+Pursuant to section 202(c-1) of the Procurement Practices Reform Act of 2010, as amended, D.C.
57+Official
58+Code§ 2-352.02(c-1), the following contract summary is provided:
59+COUNCIL CONTRACT SUMMARY
60+(Tipping)
61+(A) Contract Number: GAGA-2023-C-0248
62+Proposed Contractor: DC Central Kitchen
63+Contract Amount: 2,120,152.35
64+Unit and Method
65+of Compensation: Fixed Unit Price
66+Term
67+of Contract: July 1, 2023, through December 31, 2023
68+Type
69+of Contract: Firm Fixed Price
70+Source Selection Method: Sole Source
71+(B) For a contract containing option periods, the contract amount for the base period and for
72+each option period.
73+If the contract amount for one or more of the option periods differs from
74+the amount for the base period, provide an explanation
75+of the reason for the difference:
76+Base Period Amount:$ 2,120,152.35
77+(C) The goods or services
78+to be provided, the methods of delivering goods or services, and any
79+significant program changes reflected in the proposed contract:
80+Under the proposed contract, DC Central Kitchen shall provide food management services to
81+12
82+schools classified as school cluster ten. The Contractor shall prepare, serve, and account for meals.
83+The services shall include management
84+of the Schools Breakfast Program, including Breakfast In
85+the Classroom, the National School Lunch Program, the Summer Food Service Program, the
86+Afterschool Supper Program, the Afternoon Snack program, the Fresh Fruit and Vegetable
87+Program, a la carte meals and items, adult meals and any other food service programs as required
88+per the contract.
89+(D) The selection process, including the number
90+of offerors, the evaluation criteria, and the
91+evaluation results, including price, technical or quality, and past performance components:
92+Sole Source (E) A description of any bid protest related to the award of the contract, including whether the
93+protest was resolved through litigation, withdrawal
94+of the protest by the protestor, or
95+voluntary corrective action by the District. Include the identity
96+of the protestor, the grounds
97+alleged
98+in the protest, and any deficiencies identified by the District as a result of the protest:
99+There are no protests pending.
100+(F) The background and qualifications
101+of the proposed contractor, including its organization,
102+financial stability, personnel, and performance on past or current government or private
103+sector contracts with requirements similar to those
104+of the proposed contract:
105+DC Central Kitchen has a satisfactory record
106+of integrity and business ethics. Based upon the DC
107+Excluded Parties List dated September 1, 2023, and the Federal government's System
108+of Award
109+Management report dated September 1, 2023, the contractor
110+is not excluded from doing business
111+with the District or Federal governments. DC Central Kitchen also has the ability to comply with
112+the required or proposed delivery or performance schedule, taking into consideration all existing
113+commercial and governmental business commitments.
114+(G) The period
115+of p•~rformance associated with the proposed change, including the date as of
116+which the proposed change is to be made effective:
117+Modification
118+O 1 October 1, 2023, through December 31, 2023
119+(H) The value
120+of any work or services performed pursuant to a proposed change for which the
121+Council has not provided approval, disaggregated by each proposed change
122+if more than one
123+proposed change has been aggregated for Council review:
124+$740,319.45
125+(I)
126+The aggregate dlollar value of the proposed changes as compared with the amount of the
127+contract as awarded:
128+$1,379,832.90
129+(J) The date on
130+whlich the contracting officer was notified of the proposed change:
131+August 28, 2023
132+(K) The reason why the proposed change was sent to Council for approval after it
133+is intended to
134+take effect:
135+The contracting officer executed a sole source contract to allow the contractor to continue providing
136+necessary food management services.
137+(L) The reason for 1the proposed change:
138+While the new DCPS food service solicitation goes through the Contracting Officer evaluation
139+process, the DCPS executed a sole source contract to allow the contractor to continue providing
140+food management services.
141+2 (M) The legal, regulatory, or contractual authority for the proposed change:
142+27DCMR Chapter
143+15, Section 1541.4.
144+(N) A summary
145+of the subcontracting plan required under section 2346 of the Small, Local, and
146+Disadvantaged Business Enterprise Development and Assistance Act
147+of 2005, as amended,
148+D.C. Official Code
149+§ 2-218.01 et seq. ("Act"), including a certification that the subcontracting
150+plan meets the minimum requirements
151+of the Act and the dollar volume of the portion of the
152+contract to be subcontracted, expressed both in total dollars and
153+as a percentage of the total
154+contract amount:
155+The subcontracting plan
156+is not required per the USDA Special Provisions and Federal Procurement
157+Standards.
158+USDA Special Procurement Provisions
159+2 CFR 416.l(b)-Procurements by States under USDA entitlement programs specified
160+in 2 CFR
161+200.1
162+0l(f)(4) through (6) shall be conducted in a manner that prohibits the use of statutorily or
163+administratively imposed in-State or local geographic preferences except as provided for
164+in 2 CFR
165+200.319(c).
166+Federal Procurement Standards
167+2 CFR 200.319(b )-The non-Federal entity must conduct procurements in a manner that prohibits
168+the use
169+of statutorily or administratively imposed state, local, or tribal geographical preferences in
170+the evaluation
171+of bids or proposals, except in those cases where applicable Federal statutes
172+expressly mandate or encourage geographic preference. Nothing in this section preempts state
173+licensing laws. When contracting for architectural and engineering (A/E) services, geographic
174+location may be a selection criterion, provided its application leaves an appropriate number
175+of
176+qualified firms, given the nature and size of the project, to compete for the contract.
177+(0) Performance standards and the expected outcome of the proposed contract:
178+DC Central Kitchen is expected to work closely with Food and Nutrient Services to prepare,
179+furnish, and provide meals and services to cluster 1 for
180+12 school sites. DC Central Kitchen is
181+expected to comply with the Code of Federal Regulations and the DC Healthy Schools Act and
182+comply with the District's contractual terms and Standard Contract Provisions.
183+(P) The amount and date
184+of any expenditure of funds by the District pursuant to the contract
185+prior
186+to its submission to the Council for approval:
187+$740,319.45
188+(Q) A certification that the proposed contract is within the appropriated budget authority for the
189+agency for the fiscal year and is consistent with the financial plan and budget adopted in
190+accordance with D.C. Official Code§§ 47-392.01 and 47-392.02:
191+The Agency Fiscal Officer for the Department
192+of Employment Services has provided a funding
193+certificate to certify funds available to proceed with the contract award.
194+3 (R) A certification that the contract is legally sufficient, including whether the proposed
195+contractor has any pending legal claims against the District:
196+The Office of the Attorney General reviewed the proposed contract and deemed it legally sufficient.
197+(S) A certification that Citywide Clean Hands database indicates that the proposed contractor is
198+current with its District taxes. If the Citywide Clean Hands Database indicates that the
199+proposed contractor is not
200+current with its District taxes, either: (1) a certification that the
201+contractor has worked out
202+and is current with a payment schedule approved by the District;
203+or (2) a certification that the contractor will be current with its District taxes after the District
204+recovers any outstanding debt as provided
205+under D.C. Official Code § 2-353.0l(b ):
206+The Citywide Clean Hands database indicates DC Central Kitchen. is compliant and current with its
207+District Taxes September
208+5, 2023.
209+(T) A certification from the proposed contractor that it is current with its federal taxes, or has
210+worked out
211+and is current with a payment schedule approved by the federal government:
212+DC Central Kitchen Inc. has self-certified via the Bidder Offeror form that they are current with
213+their federal taxes. Also, there is no evidence that DC Central Kitchen Inc.
214+is not current with its
215+federal taxes.
216+(U) The status of the proposed contractor as a certified local, small, or disadvantaged business
217+enterprise as defined in the Small, Local,
218+and Disadvantaged Business Enterprise
219+Development
220+and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq.:
221+DC Central Kitchen is not a certified local, small, or disadvantaged business enterprise.
222+(V) Other aspects of the proposed contract that the Chief Procurement Officer considers
223+significant:
224+There are no other aspects of the proposed contract that the Chief Procurement Officer considers
225+significant.
226+(W) A statement indicating whether the proposed contractor is currently debarred from providing
227+services
228+or goods to the District or federal government, the dates of the debarment, and the
229+reasons for debarment:
230+The list of parties excluded from the District of Columbia Procurement and Federal Procurement
231+shows that DC Central Kitchen has not been debarred or suspended from District or Federal
232+procurements
233+as of September 1, 2023.
234+(X) Any determination and findings issued relating to the contract's formation, including any
235+determination and findings made under D.C. Official Code § 2-352.05 (privatization
236+contracts):
237+• Determination and Findings for use of Sole Source dated 6/5/2023
238+• Determination and Findings for Responsibility, dated 9/5/2023
239+4 • Determination and Findings for Price Reasonableness, dated 9/5/2023
240+(Y) Where the contract and any amendments or modifications, if executed, will be made available
241+online:
242+Awarded Contracts Database via DCPS website at www.DCPS.dc.gov/OCA
243+5 * * * Government of the District of Columbia
244+Office
245+of the Chief Financial Officer
246+Office
247+of Tax and Revenue
248+Date of Notice: September 5, 2023
249+D C CENTRAL KITCHEN INC
250+2121 1ST ST SW
251+WASHINGTON DC 20024-3560
252+1101 4
253+th
254+St:reet, SW
255+Washington, DC 20024
256+Notice Number: L00I0038208
257+FEIN: **-***4936
258+Case
259+ID: 1646269
260+CERTIFICATE OF CLEAN HANDS
261+As reported in the C lean Hands system, the above referenced individual/entity has no outstanding
262+liability with the District
263+of Columbia Office of Tax and Revenue or the Department of Employment
264+Services. As
265+of th date above, the individual/entity has complied with DC Code§ 47-2862, therefore
266+this Certificate
267+or Glean Hands is issued.
268+TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
269+CHAPTER 28 GENERAL LICENSE
270+SUBCHAPTER
271+II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
272+D.C.
273+CODE§ 47-2862 (2006)
274+§ 47-2862 PROillBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
275+Authorized
276+By Melinda Jenkins
277+Branch Chief, Collection and Enforcement Administration
278+To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
279+"Validate a Certificate
280+of Clean Hands" hyperlink under the Clean Hands section.
281+1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov r wS DISTRICT OF COLUMBIA
282+11
283+PUBLIC SCHOOLS
284+Statement of Appropriated Authority
285+Division of Contracts and Acquisitions
286+1200 First Street
287+NE, 9
288+th
289+Floor, Washington, DC 20002
290+(202) 442-5112/Fax (202) 442-5634
291+1. Prepared by: Steven Lenz, Manager, Finance, Strategy, and Technology
292+2. FY24 Funding Certification Date(s):
293+• 10/1/2023 -12/31/2023
294+3. Summary of Proposed Procurement: To provide food services to DC Public Schools.
295+4. If contract has been awarded: Contract has not been awarded
296+• Contractor: DC Central Kitchen
297+• Contract Number: GAGA-2023-C-0248
298+
299+RK Number:
300+
301+FV23 Funding Certification Date(s):
302+Funding Information:
303+SOAR DIFS
304+FISCAL AGENCY Fund CSG AOB Org Program Cost Agency Project Award Fund Program
305+YEAR Detail Code Code Center
306+FY24 GAO 101 41 409 1228 ZZ21 40078 GAO 0 0 1010001 400011
307+FY24 GAO 742 41 409 1228 ZZ21 40229 GD0 400286 2000402 4020002 400367
308+F
309+Y24 GAO 743 41 409 1228 ZZ21 40229 GD0 400286 2000401 4020002 400367
310+FY24 GAO 767 41 409 1228 ZZ21 40229 GD0 400286 2000394 4020002 400367
311+FY24 GAO 771 41 409 1228 ZZ21 40229 GD0 400286 5000003 1011008 400367
312+FY24 GAO 772 41 409 1228 ZZ21 40229 GD0 400286 2000393 4020002 400367
313+Account AMOUNT
314+7132001 $622,732.11
315+7132001 $407,502.38
316+7132001 $207,860.03
317+7132001 $104,477.75
318+7132001 $30,008.65
319+7132001 $7,251.98
320+Total: $1,379,832.90
321+I hereby certify that the above referenced DC Central Kitchen contract is consistent with the applicable approved financial plan
322+and budget
323+for the District of Columbia Public Schools for Fiscal Year 2024. This funding obligation is subject to the availabili ty
324+of appropriations and Congressional approval.
325+~ s~
326+Name 'J5f=
327+DCPS AFG/Budget Officer
328+If a limble only: Name
329+OSSE AFG/Budget Officer
330+9/5/2023
331+Revised
332+Date
333+9/7/2023
334+Date
335+*Program staff must create and get a "Funds Committed" requisition for the remainder of this contract in the first week of October to
336+cover the certified amount above. All requests for funding will be held until the encumbrance is created.
337+1200 First Street, NE I Washington, DC 20002 T 202. 442. 5885 1 F 202. 442. 50261 dcps.dc.gov
338+. GOVERNMENT OF THE DISTRICT OF COLUMBIA
339+OFFICE OF THE ATTORNEY GENERAL
340+***
341+--
342+Legal Counsel Division
343+MEMORANDUM
344+TO:
345+FROM:
346+DATE:
347+RE:
348+Tommy Wells
349+Director
350+Office
351+of Policy and Legislative Affairs
352+Megan
353+D. Browder
354+Deputy Attorney General
355+Legal Counsel Division
356+September 7, 2023
357+Draft Legislation, the "Contract No. GAGA-2023-C-0248 with D.C. Central Kitchen,
358+LLC Approval and Payment Authorization Emergency Act of 2023", and
359+Accompanying Emergency Resolution
360+This is to Certify that the Office of the Attorney General has reviewed the
361+above-referenced legislation
362+and determined that they are legally sufficient. If you have any
363+questions, please do not hesitate to call me
364+at (202) 724-5524.
365+Megan
366+D. Browder
367+1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724-5524 Ema il: megan.browder@dc.gov **
368+GOVERNMENT OF THE DISTRICT OF COLUMBIA
369+BILATERAL MODIFICATION 1~
370+I
371+Page No. 1 of 2 Page{s)
372+1. CONTRACT NO/TASK 2. CONTRACT 3. MODIFICATION NO 4. MODIFICATION
373+ORDER DATE:
374+01
375+DATE:
376+GAGA-2023-C-0248
377+July
378+1, 2023 See Block 12
379+5. CAPTION: DCPS Security Services
380+6. ISSUED TO: (Contractor)
381+7. ISSUING OFFICE:
382+DC Central Kitchen District
383+of Columbia Public Schools (DCPS)
384+2121 First Street SW Office
385+of Contracts and Acquisitions
386+Washington D.C 20024 1200 First Street NE, Suite 9
387+th
388+Floor
389+Tel: 202-266-2019 Washington, DC 20002
390+8. PROGRAM OFFICE: District of Columbia Public Schools (DCPS) Office of the Chief Operating Officer
391+(OCOO)
392+In accordance with Article
393+15, changes of the Standard Contract Provisions for use with the District of Columbia
394+Supply and Services Contracts, dated July 2010 and the
395+27 DCMR-section 1541.4, the subject contract is hereby
396+modified as follows:
397+1. This modification is to extend the term of the Sole Source Contract from July 1, 2023 -September 30,
398+2023, to October I, 2023 -December 31, 2023, and increase the contract amount
399+by $1,379,832.90 from
400+$740,319.45 to $2,120,152.35
401+All other terms and conditions
402+of the contract remain unchanged.
403+10. AMOUNT OF MODIFICATION: $1,379,832.90 CURRENT VALUE OF CONTRACT: $2,120,152.35
404+CURRENT COMPLETION DATE: December 31, 2023
405+-
406+I
407+llCONTRAA~S . -~,,--
408+h--lertc1. Lor;AloJ1 di
409+I
410+)~o~:, er I to By: Name:
411+jsi;ature of Authorized Representative
412+Title:
413+c~
414+Date /
415+12.
416+ACCEPTANCE BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
417+Name:
418+Brenda Allen
419+Title: Contracting Officer
420+Date
421+Signature
422+Case File
423+DC023
424+Contractor PSD Using Agency
425+3/97