Bill Summary – FastDemocracy

MURIEL BOWSER
    MAYOR
August 17, 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 Contract No. GAGA-2023-C-0295 with SodexoMagic LLC, in the amount of
$4,963,141.06. The period of performance is from August 18, 2023, to September 30, 2023.
Under the proposed contract, SodexoMagic LLC shall continue to manage the District of Columbia
Public Schools’ food service program at assigned schools.
My administration is available to discuss any questions you have regarding the proposed contract.
In order to facilitate a response to any questions you may have, please have your staff contact
LaVeta Hilton, Deputy Chief Procurement Officer, District of Columbia Public Schools, at (202)
442-5136.
I look forward to the Council’s favorable consideration of this proposed contract.
Sincerely,
Muriel Bowser
                GOVERNMENT OF THE DISTRICT OF COLUMBIA
                      District of Columbia Public Schools
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
                                      (Letter Contract)
(A) Contract Number: GAGA-2023-C-0295
    Proposed Contractor: SodexoMagic, LLC
    Contract Amount (Base Period): Not-to-Exceed $4,963,141.06
                                           Unit and Method of Compensation: Fixed-unit price for
                                           meals provided; cost reimbursement for fresh fruit and
                                           vegetable program
    Term of Contract: Date of award of the letter contract to 43 days thereafter
    Type of Contract: Firm Fixed Price and Cost Reimbursement
    Source Selection Method: Sole Source
(B) For a contract containing option periods, the contract amount for the base period and for
    each option period. If the contract amount for one or more of the option periods differs from
    the amount for the base period, provide an explanation of the reason for the difference:
    n/a
(C) The date on which the letter contract or emergency contract was executed:
    August 8, 2023
(D) The number of times the letter contract or emergency contract has been extended:
    None
(E) The value of the goods and services provided to date under the letter contract or emergency
    contract, including under each extension of the letter contract or emergency contract:
                                                  1
    Until approval from Council is obtained, no more than $1 million of goods and services will be
    provided, under the terms of the letter contract.
(F) The goods or services to be provided, the methods of delivering goods or services, and any
    significant program changes reflected in the proposed contract:
    The Contractor will prepare, furnish, and provide meals and services to 109 school sites (divided
    into ten clusters) participating in the Child Nutrition Programs including but not limited to the
    National School Lunch Program, School Breakfast, Afterschool Snack, Fresh Fruit and Vegetable
    Program, Child and Adult Care Food, and the Summer Food Service Program established by the
    United States Department of Agriculture. The Contractor shall deliver in accordance with the menu
    requirements for each applicable program and in accordance with the terms and conditions of
    Contract No. GAGA 2023-C-0295.
(G) The selection process, including the number of offerors, the evaluation criteria, and the
    evaluation results, including price, technical or quality, and past performance components:
    Sole source. The sole source contract is critical for DCPS to offer continuous services to students
    and to support its academic programming with nutritional sustenance as prescribed by the USDA
    and OSSE until the newly procured food contract(s) are submitted to and approved by the Council
    and executed. Due to the need for continuity in critical meal service and the complex timing
    required to complete this work, DCPS must execute a Sole Source contract with its existing supplier
    for its food and nutrition services.
(H) A description of any bid protest related to the award of the contract, including whether the
    protest was resolved through litigation, withdrawal of the protest by the protestor, or
    voluntary corrective action by the District. Include the identity of the protestor, the grounds
    alleged in the protest, and any deficiencies identified by the District as a result of the protest:
    No protest was received.
(I) The background and qualifications of the proposed contractor, including its organization,
    financial stability, personnel, and performance on past or current government or private
    sector contracts with requirements similar to those of the proposed contract:
    SodexoMagic, LLC has been determined responsible based on the District’s standards of
    responsibility as prescribed in 27 DCMR §2200. The Contractor demonstrated its ability to
    maintain the organization, financial stability, and personnel to perform the required services of
    Contract No. GAGA-2023-C-0295. Furthermore, the District has no information indicating that the
    Contractor is debarred, suspended, or involved in any activity that would disqualify it from
    consideration due to a lack of integrity and business ethics.
(J) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
    Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
    D.C. Official Code § 2-218.01 et seq. (“Act”), including a certification that the subcontracting
                                                   2
    plan meets the minimum requirements of the Act and the dollar volume of the portion of the
    contract to be subcontracted, expressed both in total dollars and as a percentage of the total
    contract amount:
    Per the USDA Special Provisions and Federal Procurement Standards applicable to the contract, a
    subcontracting plan is not allowable for this contract. Specifically, USDA Special Procurement
    Provisions at 2 CFR 416.1(b) state: “Procurements by States under USDA entitlement programs
    specified in 2 CFR 200.101(f)(4) through (6) shall be conducted in a manner that prohibits the use
    of statutorily or administratively imposed in-State or local geographic preferences except as
    provided for in 2 CFR 200.319(c).” 2 CFR 200.319(c), in turn, states: “The non-Federal entity
    must conduct procurements in a manner that prohibits the use of statutorily or administratively
    imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except
    in those cases where applicable Federal statutes expressly mandate or encourage geographic
    preference. Nothing in this section preempts state licensing laws. When contracting for architectural
    and engineering (A/E) services, geographic location may be a selection criterion, provided its
    application leaves an appropriate number of qualified firms, given the nature and size of the project,
    to compete for the contract.”.
(K) Performance standards and the expected outcome of the proposed contract:
    SodexoMagic, LLC's performance will be regularly and routinely monitored by DCPS’s Office of
    Food and Nutrition Services. The expected outcome of the proposed contract is for SodexoMagic,
    LLC, to provide DCPS with food management services.
(L) The amount and date of any expenditure of funds by the District pursuant to the contract
    prior to its submission to the Council for approval:
    Until approval from Council is obtained, no more than $1 million of goods or services will be
    provided, under the terms of the letter contract.
(M) A certification 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 the proposed contract is within the
    appropriated budget authority for Fiscal Year 2023 and consistent with the financial plan and
    budget adopted in accordance with D.C. Official Code §§ 47-392.01 and 47-392.02.
(N) A certification that the contract is legally sufficient, including whether the proposed
    contractor has any pending legal claims against the District:
    The proposed contract has been determined to be legally sufficient by the Office of the Attorney
    General.
(O) A certification 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
                                                    3
    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):
    According to the District’s Certificate of Clean Hands dated July 21, 2023, the Contractor is current
    with its District taxes.
(P) A certification from the proposed contractor that it is current with its federal taxes, or has
    worked out and is current with a payment schedule approved by the federal government:
    Based on the information provided in the Bidder Offeror Certification form, SodexoMagic, LLC
    certified that the organization is current with its federal taxes
(Q) The status of the proposed contractor as a certified local, small, or disadvantaged business
    enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
    Development and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq.:
    SodexoMagic, LLC. is not certified as a local, small, or disadvantaged business enterprise.
(R) Other aspects of the proposed contract that the Chief Procurement Officer considers
    significant:
    None
(S) A statement indicating whether the proposed contractor is currently debarred from providing
    services or goods to the District or federal government, the dates of the debarment, and the
    reasons for debarment:
    SodexoMagic, LLC. is not registered on the District’s Excluded Parties list dated February 27,
    2023, nor the Federal Excluded Parties list dated June 8, 2023.
(T) Any determination and findings issues relating to the contract’s formation, including any
    determination and findings made under D.C. Official Code § 2-352.05 (privatization
    contracts):
    Determination and Findings for Contractor’s Responsibility
    Determination and Findings for Price Reasonableness
    Determination and Finding for a Sole Source Procurement
(U) Where the contract, and any amendments or modifications, if executed, will be made
    available online:
    https://dcps.dc.gov/node/1433901
                                                   4
(V) Where the original solicitation, and any amendments or modifications, will be made available
    online:
    https://dcps.dc.gov/node/1433901
                                               5
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  Statement of Appropriated Authority
  Division of Contracts and Acquisitions
  1200 First Street NE, 9th Floor, Washington, DC 20002
  (202) 442‐5112/Fax (202) 442‐5634
          1.
           Prepared by: Steven Lenz, Manager, Finance, Strategy & Technology (FNS)
          2.
           Office/School: Office of the Chief Operating Officer
          3.
           FY23 Funding Certification Date(s): 7/1/23‐9/30/23
          4.
           Summary of Proposed Procurement: To provide food services to DC Public
           Schools
      5. If contract has been awarded:
               • Contractor: Sodexo
               • Contract Number: GAGA‐2023‐C‐0295
               • RK Number:
               • PO Number:
               • FY23 Contract Dates:
Funding Information:
               AGENCY        FISCAL    AGENCY                                               COST
               GA0 if DCPS                          FUND      ACCOUNT       PROGRAM                    PROJECT      AWARD           AMOUNT
               GD0 if OSSE
                              YEAR     OBJECT                                              CENTER
                 GA0         FY23        409       1010001     7132001       400011        40078          0           0        $2,591,591.33
                 GD0         FY23        409       4020002     7132001       400367        40229        400286     2000402      $531,987.86
                 GD0         FY23        409       4020002     7132001       400367        40229        400286     2000401      $511,329.98
                 GD0         FY23        409       4020002     7132001       400367        40229        400286     2000406       $61,510.60
                 GD0         FY23        409       4020002     7132001       400367        40229        400286     2000394      $211,366.55
                 GD0         FY23        409       1011008     7132001       400367        40229        400286     5000003       $39,624.23
                 GD0         FY23        409       4020002     7132001       400367        40229        400286     2000393       $15,730.51
                                                                                                                       Total   $4,963,141.06
  .
      I hereby certify that the above referenced contract is consistent with the applicable approved financial plan and budget
      for the District of Columbia Public Schools for Fiscal Year 2023. This funding obligation is subject to the availability of
      appropriations and Congressional approval.
                                                                                 07/13/23
        Name                                                                     Date
        DCPS AFO/Budget Officer
        If applicable only: Name                                                 Date
        OSSE AFO/Budget Officer
                                 1200 First Street, NE | Washington, DC 20002 | T 202. 442. 5885 | F 202. 442. 5026 | dcps.dc.gov
                   GOVERNMENT OF THE DISTRICT OF COLUMBIA
                          Office of the Attorney General
ATTORNEY GENERAL
BRIAN L. SCHWALB
Commercial Division
MEMORANDUM
TO:            Tommy Wells
               Director
               Office of Policy and Legislative Affairs
FROM:          Robert Schildkraut
               Section Chief
               Government Contracts Section
DATE:          August 16, 2023
SUBJECT:    Approval of Contract Action for DCPS Food Service Program Management
            Contract Number: GAGA-2023-C-0295
            Contractor: SodexoMagic LLC
            Proposed Option Amount: NTE $4,963,141.06
___________________________________________________________________________
This is to Certify that this Office has reviewed the above-referenced Contract 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) 724-4018.
______________________________
       Robert Schildkraut
               400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400
FISCAL STRATEGY OFFICE, CONTRACTS, AND ACQUISITIONS DIVISION
1200 First Street, NE, 9th Floor, Washington, DC 20002
202-442-5112 ϖ FAX 202-442-5634
                                            LETTER CONTRACT
John White, Senior Vice President
SodexoMagic, LLC
9801 Washingtonian Blvd
Gaithersburg, MD 20878
                         Subject: Letter Contract GAGA-2023-C-0295
                         Contractor: SodexoMagic, LLC
                         Caption: Food Management Services
This is a letter contract between the District of Columbia Public Schools (DCPS) Acquisition Division, on
behalf of the Food and Nutrition Services division, and SodexoMagic, LLC (the “Contractor”), wherein the
Contractor agrees to provide the services outlined in the contractor’s proposal dated August 18, 2023,
which will be incorporated to this Letter Contract and the Definitive Contract.
The issuance and award of this letter contract, per the approved funding, will allow DCPS to begin
receiving services starting August 18, 2023.
DCPS intends to definitize this letter contract within 15 days from the date of award of this letter contract,
at which time this letter contract shall merge with the definitized contract. Before the expiration of the
15 days (September 1, 2023), the Contracting Officer may authorize an additional period in accordance
with Section 2425.9, 27 DCMR (1988) of the District‘s procurement regulations. If DCPS does not definitize
this letter contract within 30 days from the date of award of this letter contract or any extension thereof,
this letter contract shall expire.
In the event of the expiration of this letter contract, DCPS shall pay the Contractor for the services
performed under this letter contract in an amount not to exceed $1,000,000. In no event shall the amount
paid under this letter contract, or any extension thereof, exceed (50%) of the total definitized contract
amount.
The duration of the definitized contract shall be from August 18, 2023, through September 30, 2023; this
letter contract shall merge with the definitized contract. DCPS shall pay the Contractor for services
performed during the term of the definitized contract in an amount not to exceed $4, 963,141.06
This