MURIEL BOWSER MAYOR June 25, 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-3) of the Procurement Practices Reform Act of 2010 (D.C. Official Code § 2-352.02(c-3)), enclosed for consideration and approval by the Council of the District of Columbia is proposed Modification No. M03 to Contract No. DCAM-21-NC-RFQ-0002N with RBK Construction, Inc., to exercise option year three of the contract in the not-to-exceed amount of $5,000,000. The contract modification’s period of performance is from October 1, 2024, through September 30, 2025. Under the proposed contract modification, RBK Construction, Inc., will continue to provide various interior and exterior general maintenance and repair services related to concentrated work order reduction efforts including emergency response, routine services, preventative maintenance services, and project-driven work pursuant to 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-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) Modification No. M03 to Exercise Option Year Three (“OY3”) of Contract for DGS Services Schedule Pre-qualification of General Contractors, Skilled/Unskilled Trade Subcontractors & Related Facility Maintenance, Repair & Other Specialized Service Contractors (A) Contract Number: DCAM-21-NC-RFQ-0002N Modification No. M03 to Exercise Option Year Three Proposed Contractor: RBK Construction, Inc. Contract Amount (OY3): Guaranteed Minimum: $50 Not-To-Exceed (“NTE”): $5,000,000 Term of Contract (OY3): October 1, 2024, through September 30, 2025 Type of Contract: Indefinite Delivery/Indefinite Quantity (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: Base Year Amount: Guaranteed Minimum: $50 Aggregate NTE Amount: $995,000 Option Year One: Modification No. M01 Guaranteed Minimum: $50 Aggregate NTE Amount: $995,000 Option Year Two: Modification No. M02 Council Approval: CA25-0417, September 29, 2023 Option Year Two Amount: Guaranteed Minimum: $50 Aggregate NTE Amount: $5,000,000 Option Year Three: Proposed Modification No. M03 Option Year Three Amount: Guaranteed Minimum: $50 Aggregate NTE Amount: $5,000,000 1 (C) A statement from 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 applicable Clean Hands certification for the Contractor accompanies this Council Package. (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 acknowledged that the minimum value of $50 of proposed Contract Modification No. M03 is within the appropriated budget authority for the agency for FY25 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. (E) (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. (F) A description of any other contracts the proposed Contractor is currently seeking or holds with the District: DCAM-20-NC-RFP-0013 C5 – On-call HVAC Technician Services DCAM-20-NC-RFP-0001D – Citywide Landscaping and Supplemental Landscaping Services DCAM-20-CS-RFQ-0001AG – Construction Services Basic Ordering Agreement 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: June 12, 2024 Notice Number: L0011968714 RBK CONSTRUCTION INC FEIN: **-***7650 4635 MINNESOTA AVE NE Case ID: 8731487 WASHINGTON DC 20019-3822 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 Contracts & Procurement Memorandum To: Delano Hunter Director Department of General Services From: Antoinette Hudson Beckham Agency Fiscal Officer Department of General Services Reference: DGS Services Schedule Pre-qualification of General Contractors, Skilled/Unskilled Trade Subcontractors & Related Facility Maintenance, Repair & Other Specialized Service Contractors (Contract No.: DCAM-21-NC-RFQ-0002N), RBK Construction, Inc. Date: June 6, 2024 Subject: Fiscal Sufficiency Review The proposed Modification No. M03 to the Indefinite Delivery, Indefinite Quantity (“ID/IQ”) Contract DCAM-21-NC-RFQ-0002N, for DGS Services Schedule Pre-qualification of General Contractors, Skilled/Unskilled Trade Subcontractors & Related Facility Maintenance, Repair & Other Specialized Service Contractors RBK Construction, Inc. (the “Contractor”) has an annual guaranteed ordering minimum of $50.00 and non-guaranteed maximum Not-To-Exceed (“NTE”) ordering ceiling of $5,000,000.00 for Fiscal Year 2025. The Contractor will provide Services pursuant to the issuance of individual Task Orders during the period of October 1, 2024, through September 30, 2025. As the Agency Fiscal Officer of the Department, I hereby acknowledge that the Mayor’s Proposed FY 2025 Budget for Skilled/Unskilled Trade Subcontractors & Related Facility Maintenance, Repair & Other Specialized Service Contractors includes funds for the proposed modification to the Contract with RBK Construction, Inc. in the amount of $50.00, and funds supporting individual Task Orders, if any, will be subject to the availability of funding during Fiscal Year 2025. The Fiscal Year 2025 budget is in the process of being approved and will require approval of the Mayor and Congress. However, I am unable to certify these funds until final approval of the District’s Fiscal Year 2025 Budget and Financial Plan. __________________________________ Antoinette Hudson Beckham Agency Fiscal Officer Department of General Services 3924 Minnesota Avenue, NE, Washington D.C. 20019 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. M03 to the Basic Ordering Agreement for DGS Services Scheule Pre-qualification of General Contractors, Skilled/Unskilled Trade Subcontractors & Related Facility Maintenance, Repair, and Other Specialized Services Contract Number: DCAM-21-NC-RFQ-0002N Contractor: RBK Construction, Inc. DATE: June 13, 2024 _____________________________________________________________________________ This is to certify that this Office has reviewed the above-referenced proposed Modification No. M03 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 Reine bamecnusc aer BGS Services Schad le Prequalicaion afGerctal Contactos, Silealingiles Trade Subcontiacrs & | Related acliy Maiterance, Rerair& OtherSpecialzac | ‘Senioe Contractors cami Raisins Sy iorar Fane beparmerto* Geer! Surions ‘Deoarmert of Gara! Services (Contactng ara ProcarementL'vision Faclitas anagenart Dion $924 iinrganca Avorwo, NE. BtFoor 224 nnosc:a ANeUe, NE St Loot ‘Wlaahng:er, OC 200° 8 ‘wash nazen, 96 700" Attention: "sevjsrin Kags sokgu kgssaQ@ce.aov|_Atoution: SoarLink PH: 202.096.1104 EMAIL: sean rksteonoy far ans A rossof SortctorNo, SHOE, oh, AY RESULTIN REJEGTIONOF YEUR OFER, #54 wsote amar on a9 ann _steeralradysubm te suct eenge haybo tradebylt fae power ahs eave ee ne Seloinlor sd is wnendnen sediencredprea opera iddete aps TE: ReccuningendSprrpraten asia Resa) TTS TEERIE ONY TO WP TPICRTONG OF OWTART ORDERS, RTintang dae mS SRR SRE Auer) [re ahsages eft We 1 rerab conracoodar. intra 2A of eatfor tar “4 - Jo “his sipaomsnial sysarcenisoredins purumno auery a ipa ean ard EPORTANT Count [oom [Xero a Seana 1 sapy mo wang ae 2. Dese por ofvice cata (Crgerteod by UF Seon headings, eli soca wero Tease, [Contract No, BOAM.21.NG-REa-o902N © Sorics Schade Po-qvaltcoin ofCanora’ Contacte, Ska nse ‘8 alaledPetty antanance, Rega & Ger Spend Se is hereby modified as foliows: 4, In accordance with Section 1.8 Option Year, the District heraby exercises Cplion Year Three (OY3}. The Contract Period of Performance is October 1 24 through September 30, 2025, 2, The Department wil! ordes and the Contractor shal deliver al feast dhe minimum of $50.00 and maximum non-guaranteedof $6,000,000.00 in Cont services during tne Option Year !hwee (O73, CONTRACT RECAP: ihe total Contract celing forall Task Orders issued against this Contract during OYS shall No-Exeeed the Non-Guerenteed ‘rdering ceiling of$5,000,000,00 4, Tne US Department Labor Wage Determination Schedul is No.2015-4261 Rav No, 29 dated April 11,2024 1shareby incorporated as ExhibieA bythis Mediation No, M03. 5, The Contractoragrees and acknowledgesthatit shalle in compliance with the most current roquiraments ofthe Distict ofColumbia Living Wage Actot 2008, D.C. Oficial Cada $§ 2-220.07 ~2-221.11, that areapplcaaie ontheafectivo dato of tha Gonl‘acl. The current requirements are hereby inccrpareted as Exhibit B10 this Modification No, M03. Ihe Cantractorfirher agrees and acknawedges that the requirements ofthe LivingWageAc of 2006 rnay be updated from time ta line, and lime shell be incerporated into the Contract via a subsequent madtication, 6, Al other Terms and Conditions of Contract DCAM.21-NC-RFO-0002N remain unchanged, 7. RELEASE: tis mutualy agroed thal in exchangeforihis Modification and other consideration, theContractor noreby releases, waives, seliles, and holds theDepartment harmiess from any and all actual or potential claims or demandsfor delays, disruptions, adsiionel work, aditional ime, additonal cost, Contact extensions, compensation, orliability under any theory, wheterkncwm ar unknawn, thal the Cantractor may have now orinthe future against the Department arising from or out of, as a consequaness or rit of, relating to or in any manner ied wih this Modifeaien, the above-referenced. Services, and the work provided pursuant fa fhe Agreement cepaspycoined nen, 1 forms conte of soon!ctsoncedir Hee(Ar WA) nein uncheigesapdin oeane ac inte ana tept Supey te.lu 88. Name ofContact’ Oftear — Batlane ahbrn Leary per ia Spiny Const Spal = Date SigveF [7H Distie ofCok~-bi Fae tate Saree Howthdened, oy (Signgtre o* Contecing Ortex (Continuation) Contract Number Modification No. Page of Pages DCAM-21-NC-RFQ-0002N M03 2 2 1. Base Year Term July 20, 2022 through September 30, 2022 a. IDIQ Contract Minimum of $50.00 up to a Non-Guaranteed Maximum of $995,000.00 $995,000.00 $ 995,000.00 TOTAL BASE YEAR NOT-TO-EXCEED CONTRACT VALUE 995,000.00 2. Option Year One (OY1) October 1, 2022 through September 30, 2023 Modification No. 01 a. IDIQ Contract Minimum of $50.00 up to a Non-Guaranteed Maximum of $995,000.00 $995,000.00 $ 995,000.00 TOTAL OPTION YEAR ONE (OY1) NOT-TO-EXCEED CONTRACT VALUE $ 995,000.00 3. Option Year Two (OY2) October 1, 2023 through September 30, 2024 Modification No. 02 a. IDIQ Contract Minimu