________________________________________________________________________________________ 400 Sixth Street NW, 10th Floor, Washington, DC 20001-5790, (202) 727-3400, Fax (202) 730-0484 GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of the Attorney General ATTORNEY GENERAL BRIAN L. SCHWALB February 21, 2024 The Honorable Phil Mendelson Chairman, Council of the District of Columbia John A. Wilson Building 1350 Pennsylvania Avenue, NW 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-2024-F-0010 with Tycko & Zavareei LLP Approval and Payment Authorization Emergency Act of 2024” and accompanying emergency declaration resolution (“legislation”) to approve the award of the proposed definitive multiyear Contract Number DCCB-2024-F-0010 to Tycko & Zavareei LLP. This contract arranges for outside legal counsel from Tycko & Zavareei LLP to assist OAG with an investigation and potential litigation against identified targets for violations of the Consumer Protection Procedures Act. The contract is a definitive multi-year, contingency-fee contract with a not-to-exceed contract amount of $60 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 January 9, 2024. If you have any questions, please contact Deputy Attorney General Candyce Phoenix at (202) 788- 2066 or Candyce.Phoenix@dc.gov. Sincerely, Brian L. Schwalb Attorney General Enclosures 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ~~ GtrtiirmanPhl1 Mendelson 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-2024-F-0010 with Tycko & 17 Zavareei LLP, to provide legal services to the Office of the Attorney General, and to 18 authorize payment for the goods and services received and to be received under the 19 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-2024-F-0010 with Tycko & Zavareei LLP 23 Approval and Payment Authorization Emergency Act of 2024". 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-2024-F-0010 28 with Tycko & Zavareei LLP, to provide legal services to the Office of the Attorney General for a 29 consumer protection matter, and authorizes payment in the not-to-exceed amount of $60 million 30 for goods and services received and to be received under Contract No. DCCB-2024-F-0010. 31 Sec. 3. The Council adopts the fiscal impact statement provided by the Chief Financial 32 Officer as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-33 301.47a). 34 Sec. 4. This act shall take effect following approval by the Mayor (or in the event of 35 veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no 36 longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in 37 Section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 38 Stat. 788; D.C. Official Code § 1-204.12(a)). 39 1 GOVERNMENT OF THE DISTRICT OF COLUMBIA O FFICE OF THE ATTORNEY GENERAL BRIAN L. SCHWALB PRIVILEGED AND CONFIDENTIAL ATTORNEY GENERAL ATTORNEY-CLIENT COMMUNICATION LEGAL COUNSEL DIVISION MEMORANDUM TO: Kirti Suri Assistant Attorney General Commercial Division FROM: Megan D. Browder Deputy Attorney General Legal Counsel Division DATE: February 2, 2024 SUBJECT: Legal Sufficiency Review of the “Contract No. DCCB -2024-F-0010 with Tycko & Zavareei LLP Approval and Payment Authorization Emergency Act of 2024” and Accompanying Emergency D eclaration Resolution (AE-24-188) _____________________________________________________________________________________ This memorandum responds to your request that the Legal Counsel Division (the “Division”) provide a legal sufficiency review of the “ Contract No. DCCB-2024-F-0010 with Tycko & Zavareei LLP Approval and Payment Authorization Emergency Act of 2024” and the accompanying emergency declaration resolution (together, “the Legislation”). Pursuant to section 451 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 1- 204.51), and section 202 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18- 371; D.C. Official Code § 2-352.02), the Legislation approves multiyear Contract No. DCCB-2024-F-0010 with Tycko & Zavareei LLP, to provide legal services to the Office of the Attorney General for a consumer protection matter, and authorizes payment in the not-to- exceed amount of $60 million for goods and services received and to be received under Contract No. DCCB- 2024-F-0010. 1 The legislation is legally sufficient, and I have attached a Certificate of Legal Sufficiency for your use. If you have any questions regarding this memorandum, please contact Ben Moskowitz, Assistant Deputy Attorney General, Legal Counsel Division, at (202) 724-5565, or me at (202) 724-5524. MDB/bem 1 This Division has not reviewed the underlying contract for legal sufficiency and offers no opinion as to its legal sufficiency. 1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724-5524 Email: megan.browder@dc.gov GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF THE ATTORNEY GENERAL Legal Counsel Division MEMORANDUM TO: Tomás Talamante Director Office of Policy and Legislative Affairs FROM: Megan D. Browder Deputy Attorney General Legal Counsel Division DATE: February 2, 2024 SUBJECT: Legal Sufficiency Review of the “Contract No. DCCB -2024-F-0010 with Tycko & Zavareei LLP Approval and Payment Authorization Emergency Act of 2024” and Accompanying Declaration Resolution (AE-24-188) ________________________________________________________________________ This is to Certify that this Office has reviewed the above- referenced legislation and that we have found it to be legally sufficient. If you have any questions in this regard, please do not hesitate to call me at (202) 724- 5524. _________________________________ Megan D. Browder