GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of the Attorney General *** ATTORNEY GENERAL BRIAN L. SCHWALB September 26, 2023 The Honorable Phil Mendelson, Chairman Council of the District of Columbia John A. Wilson Building 1350 Pennsylvania Avenue, NW, Suite 504 Washington, DC 20004 Dear Chairman Mendelson: Enclosed for consideration and approval by the Council of the District of Columbia is proposed emergency legislation, the "Contract No. DCCB-2023-F-0039 with Cohen Milstein Sellers & Toll PLLC Approval and Payment Authorization Emergency Act of 2024" and accompanying emergency declaration resolution to approve the award of the proposed definitive multiyear Contract Number DCCB-2023-F-0039 to Cohen Milstein Sellers & Toll PLLC (Cohen Milstein). This contract arranges outside legal counsel from Cohen Milstein to assist the Office of the Attorney General with the investigation of and potential litigation against identified targets in the housing industry for violations of antitrust laws. The contract is a definitive multi-year, contingency-fee contract with a not-to-exceed contract amount of $90 million. The base period of performance is from the date of award through five years thereafter. This contract will definitize a letter contract awarded on May 26, 2023. If you have any questions, please contact Deputy Attorney General Candyce Phoenix at (202) 788-2066 or Candyce.Phoenix@dc.gov. I look forward to favorable consideration of this contract. Sincerely, Brian L. Schwalb Attorney General Enclosures 400 Sixth Street NW, 10th Floor, Washington, DC 20001-5790, (202) 727-3400, Fax (202) 730-0484 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ~ at the request of the Attorney General A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 16 To approve, on an emergency basis, multiyear Contract No. DCCB-2023-F-0039 with Cohen 17 Milstein Sellers & Toll PLLC, to provide legal services to the Office of the Attorney 18 General, and to authorize payment for the goods and services received and to be received 19 under the contract. 20 21 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 22 act may be cited as the "Contract No. DCCB-2023-F-0039 with Cohen Milstein Sellers & Toll 23 PLLC Approval and Payment Authorization Emergency Act of 2023". 24 Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act, approved 25 December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51 ), and section 202 of the 26 Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. 27 Official Code§ 2-352.02), the Council approves multiyear Contract No. DCCB-2023-F-0039 28 with Cohen Milstein Sellers & Toll PLLC, to provide legal services to the Office of the Attorney 29 General for an anti-trust matter, and authorizes payment in the not-to-exceed amount of $90 30 million for goods and services received and to be received under Contract No. DCCB-2023-F- 31 0039. 32 Sec. 3. The Council adopts the fiscal impact statement provided by the Chief Financial 33 Officer as the fiscal impact statement required by section 4a of the General Legislative 34 Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code§ 1- 35 301.47a). 36 Sec. 4. This act shall take effect following approval by the Mayor (or in the event of 37 veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no 38 longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in 39 Section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 40 Stat. 788; D.C. Official Code§ l-204.12(a)).