COUNCIL OF THE DISTRICT OF COLUMBIA THE JOHN A. WILSON BUILDING 1350 PENNSYLVANIA AVENUE, N.W., SUITE 106 WASHINGTON, D.C. 20004 June 21, 2023 Secretary Smith: Today, we are introducing a disapproval resolution for proposed contract CA25-0254 with George Washington University on the grounds that this contract should not be acted upon by the Council until completion of the 30- day Advisory Neighborhood Commission (ANC) comment period so that those comments can be given proper consideration. This disapproval is being advanced on procedural grounds and is warranted independent of the contracting party or any intended use of the property in question. Under DC law, when the Mayor intends to purchase and acquire property for the District, she is required to provide 30-days written notice, excluding Saturdays, Sundays, and legal holidays, to the Office of ANCs (OANC), each affected ANC, the Commissioner representing a single-member district affected by said actions, and each affected Ward Councilmember. 1 Pursuant to this requirement, the Mayor submitted notice of intent to enter into an agreement to purchase and acquire property from George Washington University on May 19, 2023, to OANC, ANC 2A06, and Ward 2 Councilmember Brooke Pinto. The notice invites opportunity for comment on or before July 5, 2023. The May 19 notice stated, “[A]t this time, DGS intends to acquire the above-described real property but has not entered into a purchase and sale agreement for the acquisition.” However, on June 9, 2023 the Mayor submitted to the Council proposed contract CA25-0254 with George Washington University. After the submission of the contract, the Council has 10 days to review and without action subsequently deem the contract approved. Without Council action, the contract will be deemed approved on June 22 nd , nearly two weeks before the public comment period expires, foreclosing the opportunity for meaningful consideration by District residents. Under DC law, ANC comments on the intent to acquire property are given a special standard of consideration of “great weight” by the Mayor. In respect of this “great weight” and the importance of soliciting feedback from affected residents and Commissioners, the Council should wait to act upon the proposed contract submitted by the Mayor until the ANC comment period has completed and such feedback can be considered. Similar property acquisitions have allowed the comment period to end prior to the contract being submitted to and acted upon by the Council. The ANC and resident comments on this contract should be allowed similar time for consideration prior to action by the Council or the Mayor. Sincerely, _________________________________ _________________________________ Ward 2 Councilmember Brooke Pinto Chairman Phil Mendelson _________________________________ At-Large Councilmember Christina Henderson 1 D.C. Code § 1-309.10(b)). ___________________________ ______________________________ 1 Chairman Phil Mendelson Councilmember Brooke Pinto 2 3 4 5 ______________________________ 6 Councilmember Christina Henderson 7 8 9 10 11 A PROPOSED RESOLUTION 12 _________________ 13 14 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 15 16 _________________ 17 18 19 To disapprove proposed contract CA25-0254 with The George Washington University for the 20 District’s acquisition of real property and the improvements thereon located at 1129 New 21 Hampshire Avenue, N.W., in the amount of $27,545,700. 22 23 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 24 resolution may be cited as the “Proposed Contract CA25-254 with George Washington 25 University Disapproval Resolution 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 section 202 of the 29 Procurement Practices Act of 2010, effective April 8, 2010 (D.C. Law 18-371; D.C. Official 30 Code § 2-352.02), the Council disapproves CA25-0254 with The George Washington University. 31 32 Sec. 3. The Council shall transmit a copy of this resolution, upon its adoption, to the 33 Office of the Mayor. 34 35 Sec. 4. This resolution shall take effect immediately. 36 37