MURIEL BOWSER MAYOR June 14, 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 proposed Modification 2 to Contract No. GAGA-2022-C-0385-C with SodexoMagic, LLC to exercise option year one in the amount of $20,132,170.66. The period of performance is from July 1, 2024, to June 30, 2025. Under the proposed contract, SodexoMagic, LLC shall continue to provide the District of Columbia Public Schools Food Service Program at 48 assigned school sites for clusters 3,4,8 and 9. SodexoMagic, LLC shall prepare, serve, and account for meals. The services shall include management of the Schools Breakfast Program, including the Breakfast In the Classroom and other alternative program configurations; the National School Lunch Program, the Summer Food Service Program, the After School Supper Program; the After School Snack Program; the Fresh Fruit and Vegetable Program; a la carte meals and items; and adult meals. 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, 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-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) (A) Contract Number: GAGA-2022-C-0385-C Proposed Contractor: SodexoMagic, LLC Contract Amount (Option Amount): $20,132,170.66 Term of Contract: July 1, 2024, thru June 30, 2025 Type of Contract: Firm Fixed Unit Price and Cost Reimbursable (B) Identifying number of the underlying contract, including the identifiers assigned to the underlying contract by the Council for the base period and any subsequent option periods: CA25-0511 – Base Year (C) A statement that the Citywide Clean Hands Database indicates that the proposed contractor is current with its District taxes. If the Citywide Clean Hands Database indicates that the proposed contractor is not current with its District taxes, either: (1) a certification that the contractor has worked out and is current with a payment schedule approved by the District; or (2) a certification that the contractor will be current with its District taxes after the District recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b): According to the Citywide Clean Hands Database, the contractor is current with its District taxes. The Certificate of Clean Hands, dated April 19, 2024, is attached. (D) A statement that the proposed contract is within the appropriated budget authority for the agency for the fiscal year and is consistent with the financial plan and budget adopted in accordance with D.C. Official Code §§ 47-392.01 and 47-392.02: The DCPS Agency Fiscal Officer has certified that the proposed contract is within the appropriated budget authority for the agency for the fiscal year and is consistent with the financial plan and 1 budget adopted in accordance with D.C. Official Code §§ 47-392.01 and 47-392.02. A certification of funding dated April 30, 2024 is attached. :;87<84=458 47>4=?@8=45858=/> ?B==>87 001034564788496 B==>8=CDEF8;8@8 549113   !"#$%&%# ,-.!'&&(()#*#+# 6B0GBHI:1JJ /0123445444630 KL10 I6M12:CB21I2NJO  81370810 :I1CM0F6NPF:H1L8L  9 cdefghgcifdjkhjcldimjnimop I 78]748E458?8M E^48<9458A;878=878>8EE;E@?q844^5 @44E ?A?4^r45458 47>4=?@8=CDEF8;8@874588]74<84=0<]?^<84 687;>8_I =458E48A;89458E;E@?q844^5 ><]?8Er45E8s385L7945878=78 45 874=>48=?8M E @8E_ C1CJ038_CIGIC1B29J102612:9t0FH1C69I66066H02C69I2/006 MItC0FL:020FIJJ10260 6PNMItC0F11_J0I2MI26N0/BF0F001O12:IJ10260BFt0FH1C __B0s385L7u117v s385L7tFBM1N1C1B2I:I126C166PI20B/J10260BFt0FH1C ,S!XUQYZ"RU[R\RW Q!RSTS$T""RRUVR!-RU-RW!R C;?E4845 >874=>489]?8 8; 4H^CD__;_B458H^CD5<8]89>?>`458 aO ?E48874=>48=?8M Eb5^]87?`@E87458?8M E8>4_ wwxwjyz{jpz|}}zjp~jp€z}j~‚ƒxj~„{†‡zˆ†jocj‚xx‚y‰Š{ˆ†}‹jŒ‚x‚jƒ‚yŽxy‰‘f„’“oc“‡ˆ” 9 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 & Technology (FNS) 2. Funding Certification Period: 7/1/24-6/30/25 3. Summary of Proposed Procurement: To provide food services to DC Public Schools 4. If contract has been awarded: • Contractor: Sodexo • Contract Dates: July 1, 2024-June 30, 2025 Contract Number: GAGA-20220-C- 0385-C Contract Amount: $20,132,170.66 RK Number: RK271700 and TBD PO Number: TBD Funding Information: AGENCY FISCAL AGENCY COST GA0 if DCPS FUND ACCOUNT PROGRAM PROJECT AWARD AMOUNT GD0 if OSSE YEAR OBJECT CENTER GA0 2024 409 1010001 7132001 400011 40078 0 0 $93,370.00 GD0 2024 409 4020002 7132001 400367 40229 400286 2002201 $2,572,377.10 GD0 2024 409 4020002 7132001 400367 40229 400286 2002203 $6,775.00 GD0 2024 409 4020002 7132001 400367 40229 400286 2002202 $6,790.00 GD0 2024 409 4020002 7132001 400367 40229 400286 2002207 $557,445.00 GA0 2024 409 1060075 7132001 400011 40078 0 0 $55,744.52 GA0 2025 409 1010001 7132001 400011 40078 0 0 $5,945,860.38 GD0 2025 409 4020002 7132001 400367 40229 400286 2002136 $5,412,571.02 GD0 2025 409 4020002 7132001 400367 40229 400286 2002135 $3,876,027.96 GD0 2025 409 4020002 7132001 400367 40229 400286 2002133 $1,022,430.15 GD0 2025 409 1011008 7132001 400367 40229 400286 5000003 $511,817.17 GD0 2025 409 4020002 7132001 400367 40229 400286 2002123 $70,962.36 Total $20,132,170.66 . 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. The funding obligation for Fiscal Year 2025 is subject to Congressional approval. 4/30/24 Name Date DCPS Agency Fiscal Officer * FY 2025 funding pending budget approval 04/24/24 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 BILATERAL MODIFICATION Page No. 1 of 4 Page(s) 1. CONTRACT NO: 2. CONTRACT DATE: 3. MODIFICATION NO: 4. MODIFICATION DATE: GAGA-2022-C-0385-C November 27, 2023 1 See block 12 5. CAPTION: Food Services Management Company 6. ISSUED TO: (Contractor) 7. ISSUING OFFICE: SodexoMagic, LLC District of Columbia Public Schools (DCPS) 915 Meeting Street, 15th Floor Contracts and Acquisitions Division North Bethesda, MD 20852 1200 First Street, NE, 9th Floor Tele: (301) 987-4000 Washington, DC 20002 8. PROGRAM OFFICE: DCPS, Office of the Chief Operating Officer, Food and Nutrition Services ACTION: Change Exercise of Option Economic Price Adjustment Other Pursuant to Section 15 of the Government of the District of Columbia Standard Contract Provisions for use with the District of Columbia Supply and Services Contract dated July 2010, and 27 DCMR Section 3601.2, the subject contract is hereby modified as follows: 1. Section B.4.1.4.1 CLUSTER NINE – DELETE “Cluster 9: 13 Schools” and INSERT the following: Cluster 9: 14 Schools 1. Banneker High School 2. Cardozo Education Campus 3. Cleveland Elementary School 4. Duke Ellington School of the Arts 5. Eaton Elementary School 6. Garrison Elementary School 7. Hardy Middle School 8. Hyde-Addison Elementary School 9. Key Elementary School 10. Mann Elementary School 11. Seaton Elementary School 12. Stoddert Elementary School 13. Thomson Elementary School 14. MacArthur High School 10. AMOUNT OF MODIFICATION: $0 CURRENT VALUE OF CONTRACT: $17,540,018.69 (NTE) CURRENT COMPLETION DATE: June 30, 2024 11 CONTRACTOR By: Name: Charles Johnson 4/23/2024 Signature of Authorized Representative Date Title: President 12. ACCEPTANCE BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA Name: LaVeta Hilton 6/7/2024 Title: Contracting Officer Date Signature Using Agency Case File Contractor PSD 2 of 4 GAGA-2022-C-0385-C 2. Section C.4.B – Additional Food Standards DELETE: 8. Geographic Preference i. Preference will be given to FSMCs who can provide locally grown unprocessed foods (from Delaware, D.C., Maryland, New Jersey, North Carolina, Pennsylvania, Virginia, or West Virginia). Bidders should certify below the percentage of locally grown or raised foods to be utilized in meals. Percentage of Locally Grown or Raised Foods to be utilized in meals: <_________> INSERT: 8. Geographic Preference • Preference will be given to FSMCs who can provide locally grown unprocessed foods (from Delaware, D.C., Maryland, New Jersey, North Carolina, Pennsylvania, Virginia, or West Virginia). Contractor should certify below the percentage of locally grown or raised foods to be utilized in meals. Percentage of Locally Grown or Raised Foods to be utilized in meals: < 25% > 3. Section C.6.7 - Department of Health: DC Health DELETE: 1.b. Hold a valid DC Basic Business License (BBL) under the name of the FSMC and school (IE FSMC/School), with a copy posted conspicuously in the school kitchen and an electronic copy provided to FNS. It is the responsibility of the FSMC to obtain and maintain a valid BBL for each school cafeteria. INSERT: 1.b. Publicly display a valid DC Basic Business License (BBL) under the name of District of Columbia Public Schools and the school's name (i.e. DCPS/School). An electronic copy will be held by FNS. 4. DELETE Section G.5 THE QUICK PAYMENT ACT and INSERT the following: G.5 THE QUICK PAYMENT ACT (Feb 2019) G.5.1 Interest Penalties to Contractors G.5.1.1 The District will pay interest penalties on amounts due to the Contractor under the Quick Payment Act, D.C. Official Code § 2-221.01 et seq., as amended, for the period beginning on the day after the required payment date and ending on the date on which payment of the amount is made. Interest shall be calculated at the rate of at least 1% per month. No interest penalty shall be paid if payment for the completed delivery of the item of property or service is made on or before the required payment date. The required payment date shall be: G.5.1.1.1 The date on which payment is due under the terms of this contract; G.5.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of delivery of meat or meat food products; 3 of 4 GAGA-2022-C-0385-C G.5.1.1.3 Not later than 10 calendar days, excluding legal holidays, after the date of delivery of a perishable agricultural commodity; or G.5.1.1.4 30 calendar days, excluding legal holidays, after receipt of a proper invoice for the amount of the payment due. G.5.1.2 No interest penalty shall be due to the Contractor if payment for the completed delivery of goods or services is made on or before: G.5.1.2.1 3rd day after the required payment date for meat or a meat product; G.5.1.2.2 5th day after the required payment date for an agricultural commodity; or G.5.1.2.3 15th day after any other required payment date. G.5.1.3 Any amount of an interest penalty which remains unpaid at the end of any 30-day period shall be added to the principal amount of the debt and thereafter interest penalties shall accrue on the added amount. G.5.2 Payments to Subcontractors G.5.2.1 The Contractor shall take one of the following actions within seven (7) days of receipt of any amount paid to the Contractor by the District for work performed by any subcontractor under the contract: G.5.2.1.1 Pay the subcontractor(s) for the proportionate share of the total payment received from the District that is attributable to the subcontractor(s) for work performed under the contract; or G.5.2.1.2 Notify the CO and the subcontractor(s), in writing, of the Contractor’s intention to withhold all or part of the subcontractor’s payment and state the reason for the nonpayment. G.5.2.2 The Contractor shall pay subcontractors or suppliers interest penalties on amounts due to the subcontractor or supplier beginning on the day after the payment is due and ending on the date on which the payment is made. Interest shall be calculated at the rate of at least 1% per month. No interest penalty shall be paid on the following if payment for the completed delivery of the item of property or service is made on or before the: G.5.2.2.1 3rd day after the required payment date for meat or a meat product; G.5.2.2.2 5th day after the required payment date for an agricultural commodity; or G.5.2.2.3 15th day after any other required payment date. G.5.2.3 Any amount of an interest penalty which remains unpaid by the Contractor at the end of any 30- day period shall be added to the principal amount of the debt to the subcontractor and thereafter interest penalties shall accrue on the added amount. G.5.2.4 A dispute between the Contractor and subcontractor relating to the amounts or entitlement of a subcontractor to a payment or a late payment interest penalty under the Quick Payment Act does not constitute a dispute to which the District is a party. The District may not be interpleaded in any judicial or administrative proceeding involving such a dispute.