MURIEL BOWSER
MAYOR
May 28, 2021
The Honorable Phil Mendelson
Chairman
Council ofthe District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code 1-
204.51) and the Procurement Practices Reform Act (D.C. Official Code 2-351.01 et seq.),
enclosed for consideration and approval by the Council of the District of Columbia is the
attached Modification No. 01 to exercise the first offour (4) one-year option periodsofthe
contract for electricity supply services under Master Agreement for Electric Supply Services
Pursuant to the Baltimore Regional Cooperative Purchasing Committee's Request for Proposal
No. P-146 (the Contract) with WGL Energy Services, Inc. (the Contractor).
The underlying Contract was previously submitted and approved by Council as CA23-0601
on June 29, 2020, in the not-to-exceed (NTE) amount of $23,000,000. Modification No. 01, if
approved, will exercise option year 1 of the underlying Contract and establish an NTE amount of
$25,000,000 for the first option year, and authorize the Contractor to continue to perform
Electricity Supply Services extending the termofthe Contract from June 25, 2021 through June
24, 2022. As the proposed NTE amount exceeds $1 million, Council approval is required for
this contract action. All other terms and conditions of the Contract will remain unchanged.
If you have any questions regarding this proposed action, please feel free to contact Keith
Anderson, the Department's Director, or George G. Lewis, the Department's Chief of Contracts
and Procurement, at (20) 727-2800.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code 2-352.02(c), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Options)
Modification No. 01 to Exercise Option Year One of Contract for
Electric Supply Services Agreement
(A) Contract Number: DCAM-20-NC-CA-0006
Modification No. 01 to Exercise Option Year One
Proposed Contractor: WGL Energy Services, Inc. (Contractor)
Contract Amount (Option Period): Not-to-Exceed (NTE) $25,000,000.00
(includes a management fee of fifty-five cents
($0.55) per megawatt hour of electricity settled in the
dedicated DGS subaccount)
Term of Contract (Option Period): June 25, 2021 through June 24, 2022
Note: Council approval is required by June 1, 2021 in order
to timely authorize continuation of the necessary services.
Type of Contract: Fixed Unit Price with NTE
(B) Identifying number of the underlying contract, including the identifiers assigned to the
underlying contract by the Council for the base period and any subsequent option periods:
Underlying Contract: DCAM-20-NC-CA-0006
Deemed Approved: CA23-0601, July 10, 2020
Base Year Amount: Not-to-Exceed $23,000,000.00
Option Year One: Modification No. 01
Option Year One Amount: Not-to-Exceed $25,000,000.00
(C) A statement that Citywide Clean Hands database indicates that the proposed contractor is
current with its District taxes. If the Citywide Clean Hands Database indicates that the
proposed contractor is not current with its District taxes, either: (1) a certification that the
contractor has worked out and is current with a payment schedule approved by the District;
1
or (2) a certification that the contractor will be current with its District taxes after the District
recovers any outstanding debt as provided under D.C. Official Code 2-353.01(b):
The Citywide Clean Hands database indicates that the Contractor is current with its District taxes.
The applicable Clean Hands certification for the Contractor accompanies this Council Package.
(D) A statement that the proposed contract is within the appropriated budget authority for the
agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code 47-392.01 and 47-392.02:
The Office of the Chief Financial Officer has certified that proposed Modification No. 01 is within
the appropriated budget authority for the agency for the fiscal year and is consistent with the financial
plan and budget adopted in accordance with D.C. Official Code 47-392.01 and 47-392.02. The
applicable Fiscal Sufficiency certification accompanies this Council Package.
2
Government of the District of Columbia
Office of the Chief Financial Officer 1101 4th Street, SW
Office of Tax and Revenue Washington, DC 20024
Date of Notice: May 7, 2021 Notice Number: L0005581812
WGL ENERGY SERVICES, INC. FEIN: **-***2887
1000 MAINE AVE SW Case ID: 815249
WASHINGTON DC 20024
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
CO
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE 47-2862 (2006)
PY
47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
Authorized By Marc Aronin
Chief, Collection Division
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
Validate a Certificate of Clean Hands hyperlink under the Clean Hands section.
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Contracts & Procurement
Memorandum
To: Keith Anderson
Director
From: Antoinette Beckham-Hudson
Agency Fiscal Officer
Reference: Electric Supply Services
Contract Baltimore Regional Cooperative Purchasing Committee (BRCPC)
Exercise of Option Year One (OY1)
Contract Number: DCAM-20-NC-CA-0006
Date: May 3, 2021
Subject: Fiscal Sufficiency Review
The proposed Modification No. 01 to the Contract for Electric Supply Services with WGL
Energy Services, Inc. (WGL) with a value of $25,000,000.00 spans FY 2021 and FY 2022,
covering the period of June 25, 2021 through June 24, 2022. Currently, the FY 2021 budget is
sufficient to support the estimated amount of $6,050,000. The remaining amount of $18,950,000
is subject to approval in the Districts FY 2022 Budget and Financial Plan.
This contracts NTE value of $25,000,000.00 with WGL Energy Services, Inc. is the same as the
last contract modification. WGL Energy Services, Inc. remains the major electricity supplier for
the District.
2000 14th St. NW, 8th Floor, Washington DC 20009 | Telephone (202) 727-2800 | Fax (202) 727-7283
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
OFFICE OF THE GENERAL COUNSEL
MEMORANDUM
TO: Ronan Gulstone
Director, Office of Policy and Legislative Affairs
FROM: Kristen Walp
Senior Assistant General Counsel, Department of General Services
SUBJECT: Legal Sufficiency Certification
Modification No. 01 to Contract for Electricity Supply Services under
Baltimore Regional Cooperative Purchasing Committee Request for Proposal
No. P-146
Contract Number: DCAM-20-NC-CA-0006
Contractor: WGL Energy Services, Inc.
DATE: May 7, 2021
_____________________________________________________________________________
This is to certify that this Office has reviewed the above-referenced Contract Modification and
has found it to be legally sufficient, subject to submission of: (i) any required materials to
Council for approval; (ii) Councils approval of the same; and (iii) a Fiscal Certification issued
by the Department of General Services Agency Fiscal Officer.
Please feel free to contact me at (202) 727-2800 with any questions.
____________________________
Kristen Walp
Senior Assistant General Counsel
2000 14th St. NW, 8th Floor Washington DC 20009 | Telephone (202) 7272800 | Fax (202) 7277283
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Contracts & Procurement
MODIFICATION NO. 01 | PURCHASE ORDER AGREEMENT
Baltimore County, Maryland (BC) Master Agreement for Electric Supply Services
Pursuant to the Baltimore Regional Cooperative Purchasing Committees Request for
Proposal No. P-146
DGS Contract No. DCAM-20-NC-CA-0006
Date: May 7, 2021
THIS MODIFICATION NO. 01 to the original PURCHASE ORDER AGREEMENT
dated on July 14, 2020 is issued by the Government of the District of Columbia, acting by and
through its DEPARTMENT OF GENERAL SERVICES (the Department or DGS) to the
Contractor listed below. Assuming this Modification No. 01 is signed by the Contractor without
modification of any kind, it shall constitute a binding legal contract between the Department and
the Contractor (together, the Parties). The terms of this Modification No. 01 are as follows:
1. Contractor. This Modification No. 01 (Modification) is being issued to WGL Energy
Services, Inc. (Contractor or Supplier) pursuant to the Baltimore County, Maryland
(BC) Master Agreement for Electric Supply Services Pursuant to the Baltimore Regional
Cooperative Purchasing Committees (BRCPC) Request for Proposal No. P-146.
2. Services Purchased. The Supplier shall continue to work with the Department to actively
manage its electricity needs for all DGS retail electric accounts (Exhibit A DGS Account
Data of Serviced Facilities as of 050321). For the avoidance of doubt, the Contractor agrees
to provide services contained in the original Purchase Order Agreement dated July 14, 2020,
and in accordance with the terms and conditions of the BRCPC Master Agreement for
Electric Supply Services pursuant to Request for Proposal (RFP) No. P-146.
3. Price. As a result of this Modification, the Supplier shall not be paid more than the estimated
Not-to-Exceed (NTE) amount of $25,000,000.00 during the Option Year One (1) Term.
The estimated NTE amount includes a service fee of fifty-five cents ($0.55) per megawatt
hour (MWh) of electricity settled in the dedicated DGS subaccount as described in section
3.1 of original Purchase Order Agreement. The estimated NTE amount of $6,050,000.00 will
be funded in Fiscal Year 2021; and the estimated NTE amount of $18,950,000 will be funded
in Fiscal Year 2022. However, services under this Modification beyond September 20, 2021
are subject to the availability of appropriated funds in fiscal year 2022. For the avoidance of
doubt, in no event shall the Supplier be entitled to receive more than the estimated NTE
amount pursuant to this Modification, regardless of whether such amounts are received from
PEPCO via payments pursuant to consolidated billing or otherwise. Furthermore, it is
understood and agreed that the NTE amount applies to all payments made to the Supplier
2000 14th St. NW, 8th Floor, Washington DC 20009 | Telephone (202) 727-2800 | Fax (202) 727-7283
Modification No. 01 to the original Purchase Order Agreement
Option Year One (OY1)
Baltimore County, Maryland (BC) Master Agreement for Electric Supply Services Pursuant to the Baltimore
Regional Cooperative Purchasing Committees Request for Proposal No. P-146
DGS Contract No. DCAM-20-NC-CA-0006
Page 2 of 3
including, but not limited to, the Service Fees and Allowable Charges as well as those items
listed on Exhibit B of the original Agreement.
4. Term. This Modification to the original Agreement exercises Option Year One (1) beginning
from the date of final execution (Effective Date) by the Contracting Officer, through one
year thereafter. The period of performance shall begin on the first monthly meter read date
for each Serviced Facility after the Effective Date and shall include 12 months of metered
consumption for each Serviced Facility. For the avoidance of doubt, the Parties acknowledge
that the Option Year 1 Term for each individual Serviced Facility varies based on the meter
read date for such Serviced Facility. At the conclusion of the Option Year 1 Term, including
extensions to the Term as described in Section 5.1 of the original Agreement, final monthly
metered consolidated invoicing will not be available. In order to complete the final
reconciliation of Billing Rate revenues against all allowable DGS costs as described in
Section 4.2 of the original Agreement, and to incorporate after the fact PJM cost
reconciliations that extend 60 days and beyond, Supplier shall submit one (1) or more
Supplier generated invoices/credits to the Department as necessary to close out all
reconciliation items. It is anticipated that terminations of this Modification as a result of final
reconciliation of all outstanding items shall occur within six (6) months after the final
monthly metered period. Funding beyond September 30, 2021 is subject to the availability of
appropriated funds.
5. Insurance Requirements. The Contractor shall, at all times, maintain insurance coverages
in the amounts described in Item No. 9.8 of the original Agreement. The Contractor shall be
required to submit a Certificate of Insurance prior to the execution of this Modification.
6. Terms & Conditions. Except as expressed herein, all other terms and conditions of the
original Agreement shall remain unchanged.
7. Order of Precedence. The following documents are incorporated into this Modification in
the following order of precedence:
1. This Modification No. 01 to the original Purchase Order Agreement
2. Purchase Order Agreement dated July 14, 2020
3. DGS Account Data for Serviced Facilities as of 050321(Exhibit A)
4. Allowable Costs
5. Standard Contract Provisions for use with District of Columbia Government
Supplies and Services dated January 14, 2016
6. Baltimore County, Maryland (BC) Master Agreement for Electric Supply
Services Pursuant to the Baltimore Regional Cooperative Purchasing Committees
Request for Proposal No. P-146
2000 14th St. NW, 8th Floor, Washington DC 20009 | Telephone (202) 727-2800 | Fax (202) 727-7283
Modification No. 01 to the original Purchase Order Agreement
Option Year One (OY1)
Baltimore County, Maryland (BC) Master Agreement for Electric Supply Services Pursuant to the Baltimore
Regional Cooperative Purchasing Committees Request for Proposal No. P-146
DGS Contract No. DCAM-20-NC-CA-0006
Page 3 of 3
IN WITNESS WHEREOF, the duly authorized representatives of the Parties have each executed
this Agreement as of the Effective Date.
WGL Energy Services, Inc.
By:
Name: Clinton S. Zediak, Jr.
Title: Vice President of Sales & Marketing
Date: 05/07/2021
DISTRICT OF COLUMBIA, acting by and through the Department of General Services
By:
Name: George G. Lewis, CPPO
Title: Chief, Contracts and Procurement
Date:
2000 14th St. NW, 8th Floor, Washington DC 20009 | Telephone (202) 727-2800 | Fax (202) 727-7283