MURIEL BOWSER
MAYOR
May 22, 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 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. 5 to Contract No. DCAM-20-CS-RFQ-0002C with W. L. Gary Company, Inc.
to exercise option year four in the not-to-exceed amount of $10,000,000. The period of
performance is from June 5, 2024 through June 4, 2025.
Under the proposed modification, W. L. Gary Company, Inc. will continue to provide HVAC
systems maintenance, replacement, and installation 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, 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,
Muriel Bowser
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
____________________________________________________________________________________
Pursuant to section 202(c-3) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c-3), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Options)
Proposed Modification No. 5 to Contract No. DCAM-20-CS-RFQ-0002C for HVAC Systems
Maintenance, Replacement & Installation (“MRI”) Services
Exercise of Option Year 004
(A) Contract Number: DCAM-20-CS-RFQ-0002C
Modification No. 5 to exercise Option Year 004
Proposed Contractor: W. L. Gary Company, Inc. (the “Contractor”)
Proposed Contract Amount
(Option Year 004): Guaranteed Minimum: $50
Not-to-Exceed (“NTE”) Amount: $10,000,000
Term of Contract
(Option Year 004): June 5, 2024, through June 4, 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-20-CS-RFQ-0002C
Council Approval: CA23-0541, June 5, 2020
Contract Amount: Guaranteed Minimum: $50; NTE Amount: $10,000,000
Partial Exercise of Option Year 001: Modification No. 1
Option Year 001 Amount: Guaranteed Minimum: $50; Aggregate NTE: $990,000
Full Exercise of Option Year 001: Modification No. 2
Council Approval: R24-0147, June 29, 2021
Option Year 001 Amount: Guaranteed Minimum: $50; Aggregate NTE: $10,000,000
Exercise of Option Year 002: Modification No. 3
Option Year 002 Amount: Guaranteed Minimum: $50; NTE Amount: $990,000
Exercise of Option Year 003: Modification No. 4
Council Approval: CA25-0198, June 2, 2023
Option Year 003 Amount: Guaranteed Minimum: $50; NTE Amount: $10,000,000
Exercise of Option Year 004: Proposed Modification No. 5
Option Year 004 Amount: Guaranteed Minimum: $50; NTE Amount: $10,000,000
(C) A 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.
(D) 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 relevant certification is attached.
(E) 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. 5 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. The applicable Fiscal Sufficiency certification accompanies this Council
Package.
(F) (1) 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.
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Park View Elementary
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SYNEIRGY ae by9
MEMBER Powered
* Government ofthe District of Columbia
*
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im Office oftheChief Financial Officer 1101 4*Street, SW
Tm Office ofTax and Revenue Washington, DC 20024
Date of Notice: May 2, 2024 Notice Number: 10011836966 >
WLGARY COINC FEIN: **.+#1990
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WASHINGTON DC 20090-1113
CERTIFICATE
OFCLEANHANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department ofEmployment
Services. Asofthe 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)
§ 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-S045/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: HVAC Systems Maintenance, Replacement and Installation (MRI) Services
Proposed Modification No. 5 to Contract No. DCAM-20-CS-RFQ-0002C with
W.L. Gary Company, Inc.
Full Exercise of Option Year 004
Date: April 30, 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. 5 to Contract No. DCAM-20-CS-RFQ-
0002C for HVAC Systems Maintenance, Replacement Services between the Department and W L
Gary Company, Inc. (the “Contractor”) with a Not-To-Exceed (“NTE”) value of $10,000,000.00,
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 $10,000,000.00, will be reviewed for certification and approval at
the time of issuance of any such task order agreements. Each task order is subject to availability of
appropriated funds. Task orders, ineligible for capital expenditure, will be funded under the
Department of General Services (“DGS”) 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.
Fiscal Sufficiency Review
HVAC Systems Maintenance, Replacement Services
Contract Number: DCAM-20-CS-RFQ-00002C
Modification No. 5 – Exercise of Option Year 004
The PASS information is attached/ below:
Project Number/ Fund Imp. Owner RK/PO Amount Comments
Name Subtask AY Detail Agency Agency
100065 - 04.01(MJMND.95101.M N/A 3030300 AM0 GA0 RK275719 $50.00
AM0.GM121C.MA AJOR
JOR REPAIRS/MAINTENA
REPAIRS/MAINTE NCE.CAP PROJ -
NANCE - 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. 5 to Basic Ordering Agreement for HVAC Systems
Maintenance, Replacement & Installation (“MRI”) Services
Contract Number: DCAM-20-CS-RFQ-0002C
Contractor: W. L. Gary Company, Inc.
DATE: May 3, 2024
_____________________________________________________________________________
This is to certify that this Office has reviewed the above-referenced proposed Modification No. 5
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
T CONTRACT NO of Poot Pages
Page of
MODIFICATION OF CONTRACT
DCAM.20.65-RFO.00026 1 2
[2 MODIFICATION NOWBER T EFFECTIVE DATE] PURCHASE REQUISITIONNO. [5 CAPTION.
{DIG for HVAC Systems
Modification No. 5 See Block 16 «275719 Maintenance, Replacement and
Installation (MRI) Services
IS: ISSUED BY: 17- ADMINISTERED BY (other tan Tam 6)
Department of General Services Department of General Services
Contracting and Procurement Division Capital Construction Division
‘3824 Minnesota Avenue, NE, Sth Floor ‘3924 Minnesota Avenue, NE, Sth Floor
Washington, DC 20019, ‘Washington, DC 20019
Ib: NAME AND ADDRESS OF CONTRACTOR (Number, siret, county, Sate and ZIP Code)| 9A. AMENDMENT OF SOLICITATION NUMBER
WL. Gary Company, INC. [96. DATED (SEE TEM 71)
11403"Street, NE Suite 406
Washington, DC 20002 OR. MODIFICATION OF CONTRACTIORDER NUMBER
‘tr: Michael A. Dent x [DCAM20.cs-RFO-0o026
Email: mked@wigary.com [10B, DATED (SEE ITEM 13)
June 5, 2020
[77 THIS ITEM ONLY APPLIES TO AMENOMENTS OF SOLICITATIONS
[Je above numbered solicitation s amended as set orth in lem 14, The hour and date specified for receipt ofOfer] ie extended|—Jjsnot extended
[otters must acknowedge receiptof his amendment prior tothe hour and date specified inthe solicitationor as amended, by one ofthe folowing mathods: (a)
By completing tems 8 and 15, and returning ‘copies of the amendment; (b) By acknowledging receipt of this amendment on each copy ofthe offer
[submited;
lor(c) By separate letter or electronic communication which includes a reference tothe solitaton 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
MAY RESULT IN REJECTION OF YOUR OFFER.If by virtueofthis amendmentyou desiretochange an offer already submitted, such change may bemade
ly letter or electronic communication, provided each letter or electronic communication makes reference tothe solitaion and this amendment, and is received
rior to the opening hour and date specie.
72 Aesounting and Appropriation Data (Required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTSIORDERS,
IT MODIFIES THE CONTRACTIORDER NO. AS DESCRIBED IN ITEM 14.
‘HEGK A. THIS CHANGE ORDERS ISSUED PURSUANT TO: (Specify authori) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRAC
ove {ORDER NUMBER IN ITEM 108.
IB. THE ABOVE NUMBERED CONTRACTIORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (euch as changes n paying
lofice, appropriation data, etc.) SET FORTH IN ITEM 14
IG. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
ID- OTHER (Specify ype of modifeaton and authoniyy
{Tile 27 OGM Section 4728 and Contract No, DCAM-20-CS-RFQ.0002C.
JEwPoRTANT: —_Conractr [snot [ x [is reqed io sgn hs docu andvoum 1 enya sng fio
Ta: DESCRIPTION GF ANENOMENTODIFIORTION (Organized by UGF secon hein, naudngwiSaTaTConroo SpE Marware TORTS]
base orerng Agreementmedied
[tre Prjcrshoe BOK)esolNo DCAM20-C8-RFC:00026 fr IIa lor HVAC Sytons Manuranc,Relacomont an inaaioon (Ms Soxeas
1 ExerciseofOption Year 004. in accordance with Section 1.6 of the Contract (Basic Ordering Agreement or "BOA*), the Department hereby exercises
Option Year004and extends the term ofthe BOA through June 4, 2025, The termofOption Year O04isfrom June 5, 2024 through June4, 2025. The
continuation ofservices beyond September 30, 2024is subject tothe availabilty ofappropriated FY25 budget funding
2 Minimum Guaranteed & Not-to-Exceed ("NTE") Value of Agreement. n accordance with Section Nos. 1.8 & 1.9 ofthe BOA, the Contractor shall be
entitled to receive a minimum of $50.00. The Contract has a NTE amount of §10,000,000.00 for Option Year 004 for al services to be provided under this
BOA. All work will be awarded and released on a competitive basis through individual task orders.
3 Terms & Cond