MURIEL BOWSER
MAYOR
April 4, 2024
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(c) 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 Modification No. 2 to Contract No. DCAM-22-CS-RFQ-0001M with Protec
Construction, Inc., to exercise option year two of the contract in the not-to-exceed amount of
$20,000,000. The modification’s period of performance is from May 2, 2024, through May 1,
2025.
Under the proposed modification, Protec Construction, Inc., will continue to provide construction
services at schools, parks, recreation facilities, municipal buildings, fire and police stations,
short-term family housing units, and other public locations under its contract with the
Department of General Services (“DGS”).
My administration is available to discuss any questions you may have regarding the proposed
contract modification. In order to facilitate a response to any questions you may have, please
contact Delano Hunter, Director, DGS, or have your staff contact George G. Lewis, Chief of
Contracts and Procurement, DGS, at (202) 727-2800.
I look forward to the Council’s favorable consideration of this contract modification.
Sincerely,
Muriel Bowser
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)
(A) Contract Number: DCAM-22-CS-RFQ-0001M
Modification No. 2 to exercise Option Year 002
Proposed Contractor: Protec Construction, Inc.
Proposed Contract Amount
(Option Year 002): Guaranteed Minimum $50
Not-to-Exceed (“NTE”): $20,000,000.00
Term of Contract
(Option Year 002): May 2, 2024, through May 1, 2025
Type of Contract: Indefinite Delivery/Indefinite Quantity (“ID/IQ”)
(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:
Contract (Base Year): DCAM-22-CS-RFQ-0001M
Council Approval: CA24-0476, April 30, 2022
Contract Amount: Guaranteed Minimum: $50; NTE: $15,000,000
Exercise of Option Year 001: Modification No. 1
Council Approval: CA25-0072, March 18, 2023
Option Year 001 Amount: Guaranteed Minimum: $50; NTE: $20,000,000
Exercise of Option Year 002: Proposed Modification No. 2
Option Year 002 Amount: Guaranteed Minimum: $50; NTE: $20,000,000
1
(C) A statement that the 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 relevant certification is attached.
(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 the guaranteed minimum value of
$50 of proposed Modification No. 2 is within the appropriated budget authority for the agency
and is consistent with the financial plan and budget adopted in accordance with D.C. Official
Code §§ 47-392.01 and 47-392.02; sufficient funds will be included in the budget proposal for
FY 2025 for task orders issued after September 30, 2024, and no task orders will be issued or
work performed in FY 2025 unless the financial plan adopted by the Council includes such
funds. The applicable Fiscal Sufficiency certification accompanies this Council Package.
(E) A certification that the proposed contractor has been determined not to be in violation of
section 334a of the Board of Ethics and Government Accountability Establishment and
Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-
1163.34a; and (2) A certification from the proposed contractor that it currently is not
and will not be in violation of section 334a of the Board of Ethics and Government
Accountability Establishment and Comprehensive Ethics Reform Amendment Act of
2011, D.C. Official Code § 1-1163.34a:
Based upon a certification from the Contractor, the Contractor has been determined not to be in
violation of D.C. Official Code § 1-1163.34a; and will not be in violation of D.C. Official Code
§ 1-1163.34a.
(F) The description of any other contracts the proposed Contractor is currently seeking or
holds with the District:
The Contractor is currently involved in several District projects and is in pursuit of many other
District projects. The list of projects is provided as Exhibit A.
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: March 18, 2024 Notice Number: L0011519747
PROTEC CONSTRUCTION INC FEIN: **-***9064
1314 8TH ST NW Case ID: 1910241
WASHINGTON DC 20001-4206
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
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Memorandum
To: Delano Hunter
Director, Department of General Services
From: Antoinette Hudson Beckham
Agency Fiscal Officer
Department of General Services
Reference: Construction Projects
Modification No. 2 to Contract No. DCAM-22-CS-RFQ-0001M with
Protec Construction, Inc.
Exercise of Option Year 002
Date: March 13, 2024
Subject: Fiscal Sufficiency Review
In my capacity as the Agency Fiscal Officer of the Department of General Services (the
“Department”), I hereby certify that Modification No. 2 to Contract No. DCAM-22-CS-RFQ-0001M
for Construction Projects between the Department and Protec Construction, Inc. (the “Contractor”)
with a Not-To-Exceed (“NTE”) value of $20,000,000.00 has a guaranteed minimum value of $50.00
that is consistent with the Department’s current budget and that adequate funds are available in the
budget for the expenditure. The $50.00 minimum value is hereby certified.
Funds supporting individual task order agreements, above the minimum amount certified of $50.00, to
be issued against the base period (“Base Period”) and four (4) one-year option periods ("Option Years”)
aggregate NTE value of $20,000,000.00, will be reviewed for certification and approval at the time of
issuance of any such task order agreements. Each task order is subject to the availability of appropriated
funds. Task orders, ineligible for capital expenditure, will be funded under the Department’s operating
budget if funding is available.
The Department of General Services (AM0-Implementing AGY) has $50.00 in DC Public
Schools (DCPS -Owner AGY) capital budget authority balance.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
The PASS information follows and is attached/ below.
Project Number/ Fund Imp. Owner RK/PO Amount Comments
Name Subtask AY Detail Agency Agency
100065 - 04.01(MJMND.95101. N/A 3030300 AM0 GA0 RK239621 $50.00
AM0.GM121C.M MAJOR
AJOR REPAIRS/MAINTENA
REPAIRS/MAINT NCE.CAP PROJ -
ENANCE - DCPS PHYSICAL PLANT
(GA0))
Total $50.00
for AHB
_____________________________
Antoinette Hudson Beckham
Agency Fiscal Officer
Department of General Services
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
___________________________________________________________________________
OFFICE OF THE GENERAL COUNSEL
MEMORANDUM
TO: Tomás Talamante
Director, Office of Policy and Legislative Affairs
FROM: Kristen Walp
Senior Assistant General Counsel
SUBJECT: Legal Sufficiency Certification
Proposed Modification No. 2 to Basic Ordering Agreement for Construction Projects
Contract Number: DCAM-22-CS-RFQ-0001M
Contractor: Protec Construction, Inc.
DATE: March 21, 2024
_____________________________________________________________________________
This is to certify that this Office has reviewed the above-referenced proposed Modification No. 2
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
3924 Minnesota Avenue NE, 6th Floor Washington DC 20019 | Telephone (202) 727-2800 | Fax (202) 727-7283
4/28/2023
CONTRACT NUMBER. Modification Number Page of Pages,
DCAM22.68-RFO.0001M Modification No.1 202
5. Agreement RECAP: NTE Amount
Basle Ordering Agreement Executed on 5/2/2022- NTE Amount 15,000,000.00
Proposed Modification No.1 Exerciseof Option Year 001 - NTE Amount 20,000,000.00
CONTRACT NO 0ofofPape Pages
MODIFICATION OF CONTRACT DCAN.22-CS-RFQ-0001M, 4 Page 2
IE: MODIFICATION NOWEER TEFFECTIVE DATE [i PURCHASE REQUISITIONNO. [5 CAPTION
Mosification No.2 ‘See Block 160 pRo12548 Construction Projects
[SSSUEDEI "ABRARTSTEREDBY (ratherTan Tam 6}
Department of General Services
Contracting and Procurement Division
3924 Minnesota Ave, NE, Sth Floor
Washington, DC 20019
[S- AME AND ADDRESS OF CONTRACTOR (Number, eee, counly, Stato and ZIP Goda) | [BA AMENOWENT OF SOLICITATION NUMBER
Protec Construction, In. [96- DATED (SEE TTEM TT)
1314 8th Stet, NW
Washington, 0¢ 20001, OA-MODIFIGATION OF CONTRAGTIORDER NUNBER
‘Attn: Amarjit Singh x {OCAM22-CS-RFO-0001mM
mal: amarjt@protecconstructon.net FOB. DATED (SEE ITEM 15)
ay 2, 2022
Ti THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS.
[The above numbered solctaion js amended asset forth in em 14, The hour and date specie for receipt of Offers [ie oxtonded [Js ol etondod.
fate most acknowidge reco cle enerdnet porto tear ond dw spectes nie stcaten ese omerid by era Tong mete: (0)
lBy completing tems 8 and 15, and retuming copies of the amendment; (b)By acknowledging receipt of his amendment on eachcopy ofthe offer
Jsuomited;
lor (c) By separateletteror electronic communication which includes a reference to the solitation and amendment numbers. FAILURE OF YOUR
[ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED
IMaY RESULT IN REJECTION OF YOUR OFFER. Ifby vitue ofthis amendment you desie to change anofferalready submited, such change may be made
by letter or electronic communication, provided each letter or elecironic communication makes reference tothe soliton and this amendment, and is
2, Accounting and Appropriation Data (W Required)
5. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTSIORDERS.
FT MODIFIES THE CONTRACTIORDERNO. AS DESCRIBED IN ITEM 14,
‘HECK A THIS CHANGE ORDERTS ISSUED PURSUANT TO: (Specly auhoriy) THE CHANGES SET FORTHIN ITEM 14 ARE WADE INTHE
Ove _|CoNTRACT ORDER NUMBER IN ITEM 108.
I5- THE ABOVE NUMBERED CONTRACTIORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (euch as changes i payna
tice, appropriation data, etc.) SET FORTH IN ITEM 14
IC. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF
[D- OTHER (Specify ype of moaifeaton and authori)
[rite 27 DCM Section 4728 and Contract No. DCAM-22.CS-RFQ-0001M
JE MMPORTANT: Contactor [snot _| X's requiredio sign this document and retum 1 copy theisuing office,
Ha DESCRIPTION OF AMENONENTIMODIFICATION (organized by UGF section Readings, RaudingsocTaTonconrad subject matter where Tease)
lBasic Ordering Agreement No, DCAM-22-CS-RFQ-0001M for Construction Projects is hereby modified as flows:
1 Exerciseof Option Year 002: in accordance with Section 1.8ofthe Contract (Basic Ordering Agreement, or BOA"), the Department hereby exercises
‘Option Year 002 and extends the term ofthe BOA through May 1, 2026. The fll term of Option Year 002's from May 2, 2024 trough May 1, 2025. The
Continuation of services beyond September 30, 2024is subject othe availabilty of appropriated FY25 budget funding.
2 Minimum Guaranteed & Notto-Exceed ("NTE") ValueofAgreement. In accordance with Section No. 1.8 ofthe BOA, the Contractor shal be ented
to receivea minimumof$50.00.The Contract has anaggregate NTE amount of $20,000,000.00 for Option Year 002foal servicestobe provided under
this BOA. Al work wil be awarded and released on @ competitive basis through individual task order agreements.
3 Terms & Conditions. Except as provided herein, al terms and conditions
oftedocumentreferencedin tem 9A or 10A, as heretofore changed, remains
unchanged and in fll force and eect.
4 Roloase. It's mutually agreed that in exchange for this Change Order and other considerations, the Contractor hereby releases, waives, sets, and holds
the Department harmless from any and all actual or potential claims or demands for delays, disruptions, additional work, adaitonal ime, adaonal cost,
contract extensions, compensations or labilty under any theory, whether known of unknown, thatthe Contractor may havenow ar nthe future against the
Departmentarising trom or out of, as consequence or result of, relating to orn any manner connected wit this Change Order, the above-referenced
Project, and the Contract Work
HSK NAME AND TITLE OF SIGNER Type oF pry FGA NAME AND TITLE OF CONTRACTING OFFICER Type or pn)
Amarjit Singh, President Peter Henry Lyonga
F'5Protec Construction Ine- FSC. DATE SIGNED] 165, DISTRICT OF COLUNETA [8C. DATE SIGNED]
\| 03/15/2024
person autotted to oer) [Signatureof Contracting Oo
(Caninaationy
CONTRACT NUMBER. Modification Number Page of Pages:
‘0caM.22-C5-RFO-0001M Modticaton No.2 2ot2
5. Agrooment RECAP: NTE Amount
Basie Ordering Agreement Executed on 57272022 - NTE Amount 15,00,000.00
Modification Not Exercise of Option Year00% - NTE Amount 20,000,000.00
Modification No2 Exerciseof Option Year002 - NTE Amount 20,000,000.00
BASIC ORDERING AGREEMENT
CONSTRUCTION PROJECTS
DCAM-