District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0551 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
	1	+	________________________________________________________________________________________
	2	+	400 Sixth Street NW, 10th Floor, Washington, DC 20001-5790, (202) 727-3400, Fax (202) 730-0484
2	3
	4	+	GOVERNMENT OF THE DISTRICT OF COLUMBIA
	5	+	Office of the Attorney General
	6	+	ATTORNEY GENERAL
3	7
	8	+	BRIAN L. SCHWALB
4	9
	10	+	November 1, 2023
	11	+	The Honorable Phil Mendelson, Chairman
	12	+	Council of the District of Columbia
	13	+	John A. Wilson Building
	14	+	1350 Pennsylvania Avenue, NW, Suite 504
	15	+	Washington, DC 20004
	16	+	Dear Chairman Mendelson:
	17	+	Enclosed for consideration and approval by the Council of the District of Columbia is proposed
	18	+	emergency legislation, the “Contract No. DCCB-2023-F-0043 with Edelson PC Approval and
	19	+	Payment Authorization Emergency Act of 2024,” and an accompanying emergency declaration
	20	+	resolution to approve the award of the proposed definitive multiyear Contract Number DCCB-
	21	+	2023-F-0043 to Edelson PC.
5	22
	23	+	From time to time, the Office of the Attorney General (OAG) requires the assistance of outside
	24	+	counsel to carry out its mission. Drawing on the resources of specialized outside counsel allows
	25	+	OAG to vastly expand the types of cases it can bring and the rights it can enforce. Outside counsel
	26	+	services are especially helpful in matters involving complex facts and legal theories, often with
	27	+	national or multi-national targets. This contract arranges for Edelson PC to provide OAG with
	28	+	outside legal services to pursue Consumer Protection Procedures Act claims against Meta
	29	+	Platforms, Inc. and Instagram, LLC related to their use of deceptive and unfair trade practices
	30	+	that target and harm children.
	31	+
	32	+	The contract is a definitive multi-year, contingency-fee contract. With contingency-fee contracts,
	33	+	the amount the contractor will receive depends on if and when the District realizes a monetary
	34	+	recovery; the contractor will not receive any compensation for the costs it incurs or for the
	35	+	services it provides if the District never realizes a monetary recovery. The not-to-exceed amount
	36	+	of this contract is $55 million, and the base period of performance is from the date of award
	37	+	through five years thereafter. This contract will definitize a letter contract awarded on August 17,
	38	+	2023.
	39	+
	40	+	If you have any questions, please contact Deputy Attorney General Candyce Phoenix at (202)
	41	+	788-2066 or Candyce.Phoenix@dc.gov. I look forward to favorable consideration of this
	42	+	contract.
	43	+
	44	+	Sincerely,
	45	+
	46	+	Brian L. Schwalb
	47	+	Attorney General
	48	+	Enclosures
6	49		1
7		-
8		-	AN ACT
9		-
10		-	________________
11		-
12		-
	50	+	2
	51	+	3
	52	+	4
	53	+	5
	54	+	6
	55	+	7
	56	+	8
	57	+	9
	58	+	10
	59	+	11
	60	+	12
	61	+	13
	62	+	14
	63	+	15
	64	+	ChfurmanPhi!Mendelson
	65	+	at the request
	66	+	of the Attorney General
	67	+	A BILL
13	68		IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
14		-
15		-	________________________
16		-
17		-
18		-	To approve, on an emergency basis, multiyear Contract No. DCCB-2023-F-0043 with Edelson
19		-	PC, to provide legal services to the Office of the Attorney General, and to authorize
20		-	payment for the goods and services received and to be received under the contract.
21		-
22		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
23		-	act may be cited as the “Contract No. DCCB-2023-F-0043 with Edelson PC Approval and
24		-	Payment Authorization Emergency Act of 2023”.
25		-
26		-	Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act, approved
27		-	December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51), and section 202 of the
28		-	Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C.
29		-	Official Code § 2-352.02), the Council approves multiyear Contract No. DCCB-2023-F-0043
30		-	with Edelson PC to provide legal services to the Office of the Attorney General for a consumer-
31		-	protection matter and authorizes payment in the not-to-exceed amount of $55 million for goods
32		-	and services received and to be received under Contract No. DCCB-2023-F-0043.
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
43		-
44		-
45		-
46		-	ENROLLED ORIGINAL
47		-
48		-
49		-
50		-
51		-	2
52		-
53		-	section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87
54		-	Stat. 788; 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		-
71		-
72		-
	69	+	16 To approve, on an emergency basis, multiyear Contract No. DCCB-2023-F-0043 with Edelson
	70	+	17 PC, to provide legal services to the Office of the Attorney General, and to authorize
	71	+	18 payment for the goods and services received and to be received under the contract.
	72	+	19
	73	+	20 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
	74	+	21 act may be cited as the "Contract No. DCCB-2023-F-0043 with Edelson PC Approval and
	75	+	22 Payment Authorization Emergency Act of 2023 ".
	76	+	23 Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act, approved
	77	+	24 December 24, 1973 (87 Stat. 803; D.
	78	+	C. Official Code§ 1-204.51), and section 202 of the
	79	+	25 Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C.
	80	+	26 Official Code § 2-352.02), the Council approves multiyear Contract No. DCCB-2023-F-0043
	81	+	27 with Edelson PC, to provide legal services
	82	+	to the Office of the Attorney General for a consumer
	83	+	28 protection matter, and authorizes payment
	84	+	in the not-to-exceed amount of $55 million for goods
	85	+	29 and services received and to be received under Contract No. DCCB-2023-F-0043.
	86	+	30 Sec.
	87	+	3. The Council adopts the fiscal impact statement provided by the Chief Financial
	88	+	31 Officer
	89	+	as the fiscal impact statement required by section 4a of the General Legislative
	90	+	32 Procedures Act
	91	+	of 1975, approved October 16, 2006 (120 Stat. 2038; D. C. Official Code§ 1-
	92	+	33 301.47a). Sec. 4. This act shall take effect following approval by the Mayor (or in the event of 34
	93	+	veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no 35
	94	+	longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in 36
	95	+	Section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 37
	96	+	Stat. 788; D.C. Official Code § 1- 204.12(a)). 38