MURIEL BOWSER
MAYOR
November 15, 2023
Honorable Phil Mendelson
Chairman
Councilofthe 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 202of the Procurement Practices Reform Act (D.C. Official Code § 2-352.02),
enclosed for consideration and approval by the Council of the District of Columbia is proposed
contract GAGA-2022-C-0385-C with SodexoMagic, LLC in the amount of $17,540,018.69. The
period of performance is from January 1, 2024, through June 30, 2024.
Under the proposed contract, SodexoMagic, LLC, will manage the District of Columbia Public
Schools (“DCPS”) Food Service Program at 48 schools classified as clusters 3, 4, 8, and 9.
My administration is available to discuss any questions you may 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, DCPS, at (202) 442-5136.
I look forward to the Council’s favorable consideration of this contract.
Sincerely,
Muri¢l Bows
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
(Standard)
(A) Contract Number: GAGA-2022-C-0385-C
Proposed Contractor: SodexoMagic, LLC
Contract Amount: $17,540,018.69
Unit and Method of Compensation: Fixed-unit price for meals provided; cost reimbursement for
fresh fruit and vegetable program.
Term of Contract: January 1, 2024, through June 30, 2024
Type of Contract: Firm Fixed Price with Cost Reimbursable
Source Selection Method: Competitive RFP
(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:
Base Period Amount: $17,540,018.69
Option Period 1 Amount: $20,132,170.66
Explanation of difference from the base period (if applicable): option amount increase is for
twelve months, and the base year is for six months, as well as annual inflationary increases.
Option Period 2 Amount: $20,937,457.49
Explanation of difference from the base period (if applicable): option amount increase is for
twelve months, and the base year is for six months, as well as annual inflationary increases.
Option Period 3 Amount: $21,774,955.79
Explanation of difference from the base period (if applicable): option amount increase is for
twelve months, and the base year is for six months, as well as annual inflationary increases.
1
Option Period 4 Amount: $22,645,954.01
Explanation of difference from the base period (if applicable): option amount increase is for
twelve months, and the base year is for six months, as well as annual inflationary increases.
(C) 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 shall manage the overall District of Columbia Public Schools (DCPS) Food Service
Program (FSP) at 48 assigned school sites for clusters 3,4,8 and 9. The Contractor shall prepare,
serve, and account for meals. The services shall include management of the Schools Breakfast
Program (SBP), including but not limited to Breakfast In the Classroom and other alternative
program configurations; the National School Lunch Program (NSLP), the Summer Food Service
Program (SFSP), the After School Supper Program, the After School Snack Program, the Fresh
Fruit and Vegetable Program (FFVP), a la carte meals and items, adult meals and any other food
service programs as required per the contract
(D) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:
Request for Proposal (RFP) number GAGA-2022-R-0385-C was issued on November 28, 2022,
and closed on January 11, 2023. On the closing date, the District received seven proposals in
response to the solicitation. The seven proposals were evaluated in accordance with the technical
evaluation factors and price factors as described in the RFP, which are listed below:
Method of Approach and Implementation
Bidder’s Experience, Expertise, & Reliability (Based on past experience or 3-5 references
Proven Organizational Capacity
Community Connection, Values Alignment
Price
Based upon the findings of the Technical Evaluation Panel and the Contracting Officer’s
independent review of each proposal, the Contracting Officer requested a Best and Final Offer
(BAFO). After receipt and evaluation of the BAFO, the Contracting Officer recommended awards
to SodexoMagic, LLC
(E) 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:
There are no protests pending.
(F) 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:
2
SodexoMagic, LLC is a publicly traded Delaware limited liability corporation headquartered in
Beverly Hills, CA, with an east coast office in Gaithersburg, MD. SodexMagic, LLC., specializes
in providing the highest possible quality of food and service to our communities since
2006. Currently, SodexoMagic, LLC., provides food management services at more than 1,700
sites in corporate, healthcare, universities, K-12 schools, and aviation.
(G) 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
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:
A subcontracting plan is not authorized under federal (USDA) regulations. Specifically, 2 CFR
416.1(b) states that procurements by states under USDA entitlement programs, including the
breakfast and lunch programs covered by this contract, 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), and the exceptions in 2 CFR 200.319(c) do not apply
to this contract.
(H) Performance standards and the expected outcome of the proposed contract:
SodexoMagic, LLC is expected to work closely with DCPS to prepare, furnish, and provide meals
and services to 48 school sites. SodexoMagic is expected to comply with the Code of Federal
Regulations the DC Healthy Schools Act and the contractual terms and Standard Contract
Provisions set forth by the District.
(I) 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:
There was no expenditure of funds before to its submission to the Council for approval.
(J) 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 agency fiscal officer for DCPS has certified that the proposed contract is within the
appropriated budget authority for DCPS and is consistent with the financial plan and budget
adopted in accordance with DC Official Code §§ 47‐392.01 and 47‐392.02 for DCPS for the
applicable period of performance. A certification of funding is attached.
(K) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
3
The proposed contract was reviewed by the Office of the Attorney General and deemed legally
sufficient. A legal sufficiency certificate is attached. SodexoMagic, LLC has no known pending
legal claims against the District.
(L) 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
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 SodexoMagic, LLC. is compliant and current
with its District Taxes as of October 18, 2023.
(M) 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:
SodexoMagic LLC. has self-certified via the Bidder Offeror form that it is they are current with its
federal taxes.
(N) 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 a certified local, small, or disadvantaged business enterprise.
(O) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
There are no other aspects of the proposed contract that the Chief Procurement Officer considers
significant.
(P) 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:
The list of parties excluded from the District of Columbia Procurement and Federal Procurement
shows that SodexoMagic, LLC., has not been debarred or suspended from District or Federal
procurements as of October 18, 2023.
(Q) 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 Responsibility, dated October 19, 2023
• Determination and Findings for Price Reasonableness, dated October 19, 2023
4
(R) Where the contract and any amendments or modifications, if executed, will be made available
online:
Awarded Contracts Database via DCPS website at https://dcps.dc.gov/page/doing-business-dcps
(S) Where the original solicitation and any amendments or modifications will be made available
online:
Awarded Contracts Database via DCPS website at https://dcps.dc.gov/page/doing-business-dcps
5
* Governmentofthe District ofColumbia
*
*
lm Office oftheChief Financial Officer 1101 44 Street, SW
Gum Office ofTax and Revenue ‘Washington, DC 20024
Dateof Notice: October 17, 2023 Notice Number: 0010390569 =
SODEXOMAGIC LLC
9801 WASHINGTONIAN BLVD
GAITHERSBURG MD 20878
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office ofTax and Revenue or the Department ofEmployment
Services. Asofthe date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate ofClean 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)
§ 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 ofClean Hands” hyperlink under the Clean Hands section.
11101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.g0v
Certification of Funding
Office of Fiscal Strategy
1200 First Street NE, 9th Floor, Washington, DC 20002
(202) 442‐5112/Fax (202) 442‐5634
1. Prepared by: Steven Lenz, Manager, Finance, Strategy, and Technology
2. Funding Certification Period: 01/01/2024 – 06/30/2024
3. Summary of Proposed Procurement: To provide food services to DC Public Schools.
4. If contract has been awarded:
• Contractor: SodexoMagic
• Contract Dates: 01/01/2024 – 06/30/2024
• Contract Number: GAGA‐2022‐C‐0385‐C
• Contract Amount: $17,540,018.69
• RK Number:
• PO Number:
Funding Information:
AGENCY FISCAL AGENCY COST
GA0 if DCPS FUND ACCOUNT PROGRAM PROJECT AWARD AMOUNT
GD0 if OSSE YEAR OBJECT CENTER
GA0 FY24 409 1010001 7132001 400011 40078 0 0 $6,193,144.41
GD0 FY24 409 4020002 7132001 400367 40229 400286 2000402 $5,637,675.93
GD0 FY24 409 4020002 7132001 400367 40229 400286 2000401 $4,037,229.16
GD0 FY24 409 4020002 7132001 400367 40229 400286 2000394 $1,064,952.28
GD0 FY24 409 1011008 7132001 400367 40229 400286 5000003 $533,103.28
GD0 FY24 409 4020002 7132001 400367 40229 400286 2000393 $73,913.63
Total $17,540,018.69
.
I hereby certify that the above referenced Sodexo contract is within the appropriated budget authority for the agency and is
consistent with the financial plan and budget adopted in accordance with DC Official Code §§ 47-392.01 and 47-392.02 for the
District of Columbia Public Schools for the applicable period of performance.
10/25/2023
Name Date
DCPS Agency Fiscal Officer
10/26/2023
If applicable only: Name Date
OSSE Agency Fiscal 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: Thomas Wells
Director
Office of Policy and Legislative Affairs
FROM: Robert Schildkraut
Section Chief
Government Contracts Section
DATE: October 30, 2023
SUBJECT: Approval of Contract Action for DCPS Food Service Program Management
Contract Number: GAGA-2022-C-0385-C
Contractor: SodexoMagic LLC
Proposed Modification Amount: NTE $17,540,018.69
______________________________________________________________________________
This is to Certify that this Office has reviewed the above-referenced Contract and modification
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
DISTRICT OF COLUMBIA PUBLIC SCHOOLS
NEGOTIATED CONTRACT FOR GOODS AND/OR SERVICES
Page No. 1 of 112 pages
ISSUED BY: Office of Contracts and Acquisitions (OCA)
ADDRESS: 1200 First Street, N.E., 9th Floor
Washington, DC 20002
CONTRACT NO: GAGA-2022-C-0385-C SOLICITATION NO: GAGA-2022-R-0385
PROGRAM OFFICE: Office of the Chief Operations Officer,
CAPTION: Food Services Management Company
TABLE OF CONTENTS
(√) SEC. DESCRIPTION PAGE(S) (√) SEC. DESCRIPTION PAGE(S)
PART 1 – The Schedule PART II – Contract Clauses
√ A Solicitation/Contract Form 1 √ I Contract Clauses 37-44
√ B Supplies/Services and Price/Costs 2-11 PART III – List of Documents, Exhibits, and Other Attach
√ C Description/Specs/Work Statement 11-16 √ J List of Attachments 44-45
√ D Packaging and Marking 17 PART IV – Representations and Instructions
√ E Inspection and Acceptance 17 K Representations, Certifications, and other N/A
√ F Deliveries or Performance 17-19 Statements of Offerors
√ G Contract Administration 20-25 L Instrs. Conds. & Notices to Offerors NA
√ H Special Contract Requirements 25-36 M Evaluation Factors for Award