ENROLLED ORIGINAL
A RESOLUTION
25-372
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
December 5, 2023
To declare the existence of an emergency with respect to the need to approve emergency
Contract No. CW97797 with ABC Towing, Inc., and Modification Nos. 1, 2, 3, 4, 5, 6
and 7 thereto, to provide standby towing services to support the District’s response to the
2022 Trucker’s Convoy and to authorize payment for the goods and services received
under the contract and modifications.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the “Emergency Contract No. CW97797 with ABC Towing, Inc.
Approval and Payment Authorization Emergency Declaration Resolution of 2023”.
Sec. 2. (a) There exists an immediate need to approve emergency Contract No. CW97797
with ABC Towing, Inc., and Modification Nos. 1, 2, 3, 4, 5, 6 and 7 thereto, to provide standby
towing services to support the District’s response to the 2022 Trucker’s Convoy and to authorize
payment for the goods and services received under the contract and modifications.
(b) On February 21, 2022, the Office of Contracting and Procurement, on behalf of the
Department of Public Works, awarded Contract No. CW97797, on an emergency basis, to ABC
Towing, Inc., for the period February 22, 2022 through March 13, 2022, in the not-to-exceed
amount of $3,128,400.
(c) Modification No. 1 was an administrative modification.
(d) By Modification No. 2, dated March 13, 2022, the Office of Contracting and
Procurement, on behalf of the Department of Public Works, exercised part of option period 1 of
Contract No. CW97797, for the period March 14, 2022 through March 17, 2022, in the not-to-
exceed amount of $633,600.
(e) By Modification No. 3, dated March 17, 2022, the Office of Contracting and
Procurement, on behalf of the Department of Public Works, exercised another part of option
period 1 of Contract No. CW97797, for the period March 18, 2022 through March 24, 2022, in
the not-to-exceed amount of $1,108,800.
(f) By Modification No. 4, dated March 24, 2022, the Office of Contracting and
Procurement, on behalf of the Department of Public Works, exercised another part of option
period 1 of Contract No. CW97797, for the period March 25, 2022 through March 27, 2022, in
the not-to-exceed amount of $475,200.
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(g) By Modification No. 5, dated March 25, 2022, the Office of Contracting and
Procurement, on behalf of the Department of Public Works, exercised the remainder of option
period 1 of Contract No. CW97797, for the period March 28, 2022 through April 1, 2022, in the
not-to-exceed amount of $396,000.
(h) By Modification No. 6, dated March 31, 2022, the Office of Contracting and
Procurement, on behalf of the Department of Public Works, revised the period of performance of
option period 1 of Contract No. CW97797, and revised the not-to-exceed amount awarded under
Modification No. 5 to for option period 1 to $237,600, bringing the total not-to-exceed amount
for the period from March 14, 2022 through March 30, 2022 to $2,455,200.
(i) By Modification No. 7, dated June 30, 2023, the Office of Contracting and
Procurement, on behalf of the Department of Public Works, clarified that Modification No. 6
overstated the not-to-exceed amount awarded under Modification No. 5 for option period 1 by
$50,000 and administratively corrected the total not-to-exceed amount as $5,674,096, inclusive
of interest.
(j) Council approval is required by section 451(b) of the District of Columbia Home Rule
Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51(b)) as the
contract is in excess of $1 million during a 12-month period.
(k) Approval on an emergency basis is necessary to allow the timely continuation of these
vital services. Without this approval, ABC Towing, Inc. cannot be paid for goods and services
provided in excess of $1 million for the contract period February 22, 2022 through March 30,
2022.
Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute
emergency circumstances making it necessary that the Emergency Contract No. CW97797 with
ABC Towing, Inc. Approval and Payment Authorization Emergency Act of 2023 be adopted
after a single reading.
Sec. 4. This resolution shall take effect immediately.
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