MURIEL BOWSER MAYOR May 25, 2023 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: Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1- 204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code§ 2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is proposed Modification No. MOS to Contract No. DCAM-20-NC-RFP-0013-A4 with Blue Skye Construction, LLC to exercise option year three of the contract in the not-to-exceed amount of $14,000,000. The modification's period of performance is from June 26, 2023, through June 25, 2024. Under the proposed modification, Blue Skye Construction, LLC will continue to provide HVAC system repairs, general maintenance and repair services related to project-driven work, including emergency response, routine services, and preventative maintenance services. If you have any questions regarding the proposed contract modification, please contact Delano Hunter, Acting Director, Department of General Services ("DGS"), or have your staff contact George G. Lewis, DGS's Chief of Contracts and Procurement, at (202) 727-2800. I look forward to the Council's favorable consideration of this contract modification. Sincerely, Contracts & Procurement Pursuant to Section 202(c-1) of the Procurement Practices Reform Act of 2010, as amended, D.C. Official Code § 2-352.02(c-1), the following contract summary is provided: COUNCIL CONTRACT SUMMARY (Options) Modification No. 05 to Exercise Option Year Three (“OY3”) of Contract for On-Call Facility Maintenance and Repair Services – Group A HVAC (A) Contract Number: DCAM-20-NC-RFP-0013-A3 Modification No. 05 to Exercise Option Year Three Proposed Contractor: Blue Skye Construction, LLC Contract Amount (Option Period): Guaranteed Minimum: $250 Estimated Maximum Not-To-Exceed: $14,000,000 Term of Contract (Option Period): June 26, 2023, through June 25, 2024 Type of Contract: Indefinite Delivery Indefinite Quantity to be paid on a Time and Material Basis (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: Base Year: Minimum Value: $250 Maximum NTE Amount: $950,000 Option Year One: Modification No. 01 Minimum Value: $250 Maximum NTE Amount: $950,000 Partial Exercise of Option Year Two: Modification No. 02 & Modification No. 03 Option Year Two Amount: Guaranteed Minimum: $250; Not-To-Exceed: $950,000  Full Exercise of Option Year Two: Modification No. 04 Council Approval: Option Year two Amount: Guaranteed Minimum: $250; Aggregate NTE: $14,000,000 Option Year Three: Proposed Modification No. 05 Option Year Three Amount: Guaranteed Minimum: $250; Aggregate NTE: $14,000,000 (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; 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 Fiscal Officer has certified that the proposed Contract Modification is within the appropriated capital and operating budget authority for the agency for the fiscal years 2023 and 2024 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. (E) A notation identifying: (i) whether the Contractor is a covered contractor, as that term is defined in D.C. Official Code § 1-1161.01; and (ii) to which prohibited recipients, as that term is defined in D.C. Official Code § 1-1161.01(45D), the Contractor is prohibited from making campaign contributions and during what prohibited period, as that term is defined in § 11161.01(45C). Based upon a certification from the Contractor, the Contractor has not been determined to be in violation of D.C. Official Code § 1-1163.34a. Department of General Services 2000 14th Street, NW, Washington D.C. 20009  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: April 26, 2023 Notice Number: L0009544050 BLUE SKYE CONSTRUCTION LLC FEIN: **-***8810 4910 MASSACHUSETTS AVE NW STE 214 Case ID: 1492830 WASHINGTON DC 20016-4382 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 Melinda Jenkins Branch Chief, Collection and Enforcement Administration 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 Contracts & Procurement Memorandum To: Delano Hunter, Acting Director Department of General Services From: Antoinette Hudson Beckham Agency Fiscal Officer Department of General Services Reference: Contract for On-Call Facility Maintenance and Repair Services (Group A HVAC) (Contract No. DCAM-20-NC-RFP-0013-A4) with Blue Skye Construction Date: April 25, 2023 Subject: Fiscal Sufficiency Review In my capacity as the Agency Fiscal Officer of the Department of General Services (“Department”), I hereby certify that funds for On-Call Facility Maintenance and Repair Services (Group A HVAC) between the Department of General Services (“Department”) and Blue Skye Construction with a minimum value of $250.00 is consistent with the Department’s current budget and that adequate funds are available in the budget for the expenditure. The $250.00 minimum value is hereby certified. Funds supporting individual task orders to be issued against the Not-To-Exceed Amount of $14,000,000.00 will be certified at the time of issuance of any such task orders and are subject to the availability of appropriated funds. The Department of General Services (DGS) has $250.00 in its current FY23 budget allotment balance. The DIFS/PASS information is listed below. RK/PO SUM PROGRAM COST FUND AGENCY PROGRAM ACCOUNT OF DETAILS CENTER FY23 Facilities – Government 1010001 AM0 500054 Operations 50098 7121011 TBD $250.00 FY23 TOTAL $250.00  __________________________________ Antoinette Hudson Beckham Agency Fiscal Officer Department of General Services Department of General Services 2000 14th Street, NW, Washington D.C. 20009  GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF GENERAL SERVICES ___________________________________________________________________________ OFFICE OF THE GENERAL COUNSEL MEMORANDUM TO: Thomas Wells Director, Office of Policy and Legislative Affairs FROM: Kristen Walp Senior Assistant General Counsel SUBJECT: Legal Sufficiency Certification Modification No. M05 to Exercise Option Year Three of the Contract for for On-Call Facility Maintenance and Repair Services – Group A HVAC Contract Number: DCAM-20-NC-RFP-0013-A4 Contractor: Blue Skye Construction, LLC DATE: May 1, 2023 _____________________________________________________________________________ This is to certify that this Office has reviewed the above-referenced proposed Modification No. M05 and has found it to be legally sufficient, subject to submission of: (i) any required materials and Council approval; (ii) Council’s 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) 727-2800 | Fax (202) 727-7283  1. Contract Number Paae of Paoes DCAM·20•NC•RFP-0013 A4 MODIFICATION OF CONTRACT I 3. Effective Date 4. Requisition/Purchase Request No. 5. Contract Caption 1 2 On-Call Facility Maintenance and Repair Services - 2. Modification Number 1 1 Group A HVAC 6. Issued By: 7. Administered By (If other than line 6) M05 26.Jun.2023 TBD Department of General Services Department of General Services Contracting and Procurement Division Contracts and Procurement Division 2000 14th Street, 4th Floor 2000 14th Street NW, 4th Floor Washington, DC 20009 Washington, DC 20009 Attention: Ashley Willis 202.379.8951 ashle�.willis@dc.gov Attention: Jameelah Carter PH: 202.545.3027 EMAIL: jameelah.carter@dc.gov 8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No. 9B. Dated (See Item 11) 4315 50th Street NW, Suite #112 Blue Skye Construction Washington, D.C. 20016 10A. Modification of ContracUOrder No. DCAM-20•NC·RFP•0013 A4 Attention: Scott Whittier 10B. Dated (See Item 13) X scottietalblueskveconstruction.com June 29, 2020 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the LJlhe above numbered solicitation is amended as set forth In Item 14. The hour and date specified for receipt of Offers LJis extended. LJ1s not extended. following methods: (a) By completing Items 8 and 15, and returning 1 copies of the amendment: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or'iaxwhich includes a reference to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the 12. Accounting and Appropriation Data (If Required) sollcitatron and this amendment, and Is received prior to the opening hour and date specified. 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14 A. This change order is issued pursuant to: (Specify Authority) The chanaes set forth in Item 14 are made in the contracVorder no. in item 10A. date. etc.) set forth in item 14. B. The above numbered contracVorder is modified to reflect the administrative changes (such as changes in paying office, appropriation C. This supplemental agreement is entered into pursuant to authority of: D. Other (Specify type of modification and authority) Contract DCAM•20•NC•RFP-0013 A4 and Title 27 DCMR Sections 4727 X E. IMPORTANT: Contractor I lis not, I X is required to sign this document and return 1 copy to the issuing office. 14. Description of modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.) Contract No. DCAM-20•NC-RFP-0013 A4 On•Call Facility Maintenance and Repair SeNices • Group A HVAC is hereby modified as follows: 1- In accordance with Section F.2 Option To Extend The Term of the Contract, the District hereby fully exercises Option Three (OY3). The Contract Period of Performance is June 26, 2023 through June 25, 2024. 2, The Department will order and the Contractor shall deliver at least the minimum of $250.00 in services and a maximum non-guaranteed of $14,000,000.00 in Facility Maintenance Repair Services - HVAC during the Option Year Three (OY3), in accordance with the firm-fixed, fully loaded hourly rates established in Exhibit A. 3. CONTRACT RECAP: The total Contract ceiling for all Task Orders issued against this Contract during OY3 shall Not-Exceed the Non-Guaranteed or der ing ceiling of $14,000,000.00. 4. The US Department of Labor Wage Determination Schedule No.2015-4282 Rev No. 25 dated December 27, 2022 is hereby incorporated Exhibit B by this Modification No. 05. 5. The Contractor agrees and acknowledges that it shall be in compliance with the most current requirements of the District of Columbia Living Wage Act of 2006, D.C. Official Code §§ 2-220.01 - 2-220.11, that are applicable on the effective date of the Contract. Thus, the Contractor agrees and acknowledges that the most current requirements of the Living Wage Act of 2006 shall be incorporated into the Contract via a subsequent modification. 6, All other Terms and Conditions of Contract DCAM-20•NC-RFP-0013 A4 remain unchanged. 7. RELEASE: It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases, waives, settles, and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions, additional work, additional time, additional costs, contract extensions. compensation, or liability under any theory, whether known or unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequences or result of, relating to or in any manner connected with this Modification, the above-referenced Services, and the work provided pursuant to the Agreement. Exceot as orovided herein, all terms and condilion�ocument referenced in Item 19A or 10Al remain unchanaed and in full force and effect 15 an r(Type 16A. Name of Contracting Officer c:: ;::�� � Domonique L. Banks Supervisory Contract Specialist I Contracting Officer 15B. Name of Contractor 15C. Date Signed 16B. District of Columbia 16C. Date Signed '\,l..v e s � '1-<- Ci>""')-..:/\.-�(.."\- (Signature of person authorized to sign) i,(( l -z- !:T (Signature of Contracting Officer) (Continuation) Modification No.