Bill Summary – FastDemocracy

MURIEL BOWSER

     MAYOR

September 10, 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 No. 04 to Contract No. GAGA-2021-T-0040 with Sharp Electronics

Corporation to exercise option year three in the amount of $2,166,249.80. The period of

performance is from October 1, 2024, to September 30, 2025.

Under the proposed modification, Sharp Electronics Corporation will lease copiers to District of

Columbia Public Schools (DCPS) and provide maintenance, supplies, and other necessary services

and support to ensure effective performance of operations.

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 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 modification.

Sincerely,

Muriel Bowser

                 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 and Option Year)

(A)   Contract Number:                     GAGA-2021-T-0040

      Proposed Contractor:                         Sharp Electronics Corporation

      Contract Amount:                             $2,166,249.80

      Unit and Method of Compensation:

      Term of Contract:                            October 1, 2024, thru September 30, 2025

      Type of Contract:                            Requirements Contract with Fixed Hourly

                                           Rate

                                           CLINs

      Source Selection Method:                     Cooperative Purchasing

(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 Year Period Amount: $2,157,449.80.

      Option Year One Amount: $2,157,449.80.

      Explanation of the difference from the base period (if applicable): N/A. There is no

      difference between the base year and the option year one amount.

      Option Year Two Amount: price increased by $8,800.00 to new amount $2,166,249.80.

      Explanation of the difference from the base period (if applicable): The increase of

      $8,800.00 reflects the cost of copier services due to a new school being added to the DC

      Public roster of schools.

GAGA-2021-T-0040

Council Summary

      Option Year Three Amount: $2,166,249.80.

      Explanation of the difference from the base period (if applicable): The increase of

      $8,800.00 reflects the cost of copier services due to a new school being added to the DC

      Public roster of schools.

(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:

      Under the proposed Task Order for Copiers Lease, Maintenance, Supplies, Services, and

      Support Services at DCPS (District of Columbia Public Schools) Public Schools and

      Central Offices (GAGA-2021-T-0040) (the “Contract”), the Contractor would provide

      equipment leasing, maintenance services including management, supervision, labor,

      materials, supplies, and related support necessary to ensure effective performance of

      operations, maintenance and repair copier services (the “Services”) at DCPS Public

      Schools, and Central Offices, located at various locations throughout the Washington,

      DC, and 1200 First Street NE Washington, DC 20002 (the “Project”).

      In general, the contractor shall ensure that copiers/equipment are available, maintained,

      supplies are furnished, and all necessary services and related support are provided as

      outlined in the Task Order. The contract contains an Option Year Three of twelve (12)

      months from October 01, 2024, through September 30, 2025. The contract contains up to

      four (4) one-year option periods. The contract has a total NTE amount of $2,166,249.80

      for Option Year Three.

      However deemed necessary to incorporate the recommended software package into the

      existing contract due to DCPS need to better maintain and operate the copiers throughout

      the schools and offices The DCPS issued Bilateral Modification 03 which adjusted the

      services and the amount of the contract accordingly as proposed by the Contractor.

(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:

      This Task Order has been awarded as a Cooperative Purchase against the SourceWell

      Contract Number 030321-SEC, in accordance with the Code of the District of Columbia,

      § 2–354.11, Cooperative purchasing.

(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 were no protests filed for this requirement.

                                               2

GAGA-2021-T-0040

Council Summary

(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:

      The Sharp Electronics Corporation previously supplied equipment and the same services

      related to copiers lease, maintenance, supplies, and support services to DCPS. Based on

      past performance with the agency the contractor has the necessary organization,

      experience, accounting and operational controls, technical skills, ability to obtain, and a

      satisfactory record of integrity and business ethics.

(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:

      The contractor submitted a preliminary subcontracting plan indicating its intent to

      subcontract at least 35% of the work to small business enterprises, in accordance with

      D.C. Official Code § 2-218.46(b)(1)(A). The Contractor’s subcontracting plan meets the

      minimum requirements of the Act. Sharp Electronics Corporation has implemented and

      submitted subcontracting agreement with:

             Document Systems, Inc.

             1220 12th St SE

             Suite 120,

             Washington, DC 20003

             (202) 719-9250

             jlimerick@docsysinc.com.

(H)   Performance standards and the expected outcome of the proposed contract:

      o Sharp Electronics Corporation performance will be regularly and routinely monitored

        by DCPS. The expected outcome of the proposed contract is for Sharp Electronics

        Corporation to provide DCPS with equipment, supplies, and support as outlined in the

        contract.

(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:

      None

(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

                                               3

GAGA-2021-T-0040

Council Summary

      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 budget adopted in accordance with D.C. Official Code §§ 47-392.01

      and 47-392.02. 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:

      The Office of the Attorney General has reviewed and approved the proposed contract for

      legal sufficiency. The proposed contractor has no pending legal claims against the

      District.

(L)   A certification 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 District’s Certificate of Clean Hands dated August 7, 2024, (Validated)

      the contractor is current with its District taxes. The Certificate of Clean Hands is

      attached.

(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:

      Based on the information provided in the Bidder Offeror Certification form, Sharp

      Electronics Corporation has certified that the organization is 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.:

      Sharp Electronics Corporation is not a small business.

(O)   Other aspects of the proposed contract that the Chief Procurement Officer

      considers significant:

      None

                                                4

GAGA-2021-T-0040

Council Summary

(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:

      Sharp Electronics Corporation is not on the Federal Excluded Parties List or the Office of

      Contracts and Procurement Excluded Parties List, accessed on August 12, 2024;

      therefore, the Contractor is not currently debarred from providing services to any

      governmental entities.

(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 Contractor Responsibility.

      Determination and Findings for Price Reasonableness.

      Determination and Findings for Cooperative Purchasing

(R)   Where the contract and any amendments or modifications, if executed, will be made

      available online:

      https://dcps.dc.gov/page/doing-business-dcps

(S)   Where the original solicitation and any amendments or modifications will be made

      available online:

      https://dcps.dc.gov/page/doing-business-dcps

                                              5

                  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:   August 7, 2024                                               Notice Number: L0012195137

SHARP ELECTRONICS CORP                                                         FEIN: **-***8872

100 PARAGON DR                                                                 Case ID: 13640603

MONTVALE NJ 07645-1779

                                           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

  Funding Certification

  Division of Contracts and Acquisitions

  1200 First Street NE, 9th Floor, Washington, DC 20002

  (202) 442‐5112/Fax (202) 442‐5634

        1.   Prepared by: Alyssa Obando

        2.   Office/School: Office of the Chief Operating Officer

        3.   FY25 Funding Certification Date(s): 10/01/2024 – 09/30/2025

        4.   Summary of Proposed Procurement: District-wide copier contract

        5.   If contract has been awarded:

                  • Contractor: Sharp

                  • Contract Number: GAGA-2021-T-0040

                  • RK Number: TBD

                  • PO Number: TBD

                  • FY25 Contract Dates: 10/01/2024 – 09/30/2025

Funding Information:

             AGENCY        FISCAL                                               COST

             GA0 if DCPS                FUND      ACCOUNT       PROGRAM                      PROJECT         AWARD             AMOUNT

             GD0 if OSSE    YEAR                                               CENTER

               GA0          25         1010001     7132001       400247         40078                                        $2,166,249.80

                                                                                                                  Total      $2,166,249.80

  .

I hereby certify that the above referenced 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.

                                                                                   8/1/24

      Name                                                                       Date

      DCPS AFO/Budget 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:            Tomás Talamante

               Director

               Office of Policy and Legislative Affairs

FROM:          Robert Schildkraut

               Section Chief

               Government Contracts Section

DATE:          September 3, 2024

SUBJECT:       Approval of Contract Action for DCPS Copier Lease, Maintenance, Supplies,

               and Support Services

               Contract Number: GAGA-2021-T-0040

               Contractor: Sharp Electronics Corporation

               Proposed Contract Amount: $2,166,249.80, Modification No. 4

This is to Certify that this Office has reviewed the above-referenced Contract 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

                                 GOVERNMENT OF THE DISTRICT OF COLUMBIA

                                 CHANGE ORDER/UNILATERIAL MODIFICATION

                                                                                                        Page No. 1 of 1 Page(s)

Block 1: CONTRACT NO:                Block 2: EFFECTIVE DATE:    Block 3: MODIFICATION NO:        Block 4: MODIFICATION DATE:

GAGA-2021-T-0040                           October 1, 2022                     01                            See Block 10

Block 5: ISSUING OFFICE:                                         Block 6: IS4-C-00154SUED TO: (Contractor)

   OFFICE OF CONTRACTS AND ACQUISITIONS                          Sharp Electronics Corporation

  1200 First Street, NE, 11th Floor, Suite 1137                  3110 Fairview Park Drive

  Washington, DC 20002                                           Suite 1170

  (202) 442-5112 – Office                                        Falls Church, Virginia 22042

                                                                 Office: 703-245-3801

Block 7:                                                         Block 8:

USING AGENCY OR AGENCIES: Office of the Chief Operating          TITLE: Copiers Lease, Maintenance, Supplies, Services,

Officer, Warehouse, and Logistical Operations

                                                                 and Support Services

Block 9:

ACTION:            Change          Exercise of Option             Economic Price Adjustment                  Other

Pursuant to the provisions of the contract in Section F.2 entitled “OPTION TO EXTEND THE TERM OF THE

CONTRACT” on page 21, the District hereby exercises the Option Year Two as follow:

    1. The District of Columbia Public Schools (DCPS) is exercising the Option Year One (OPY) from October

       1, 2022, thru September 30, 2023.

    2. The Option Year One is in the amount of Not To Exceed $2,157,449.80.

    3. Section H.2—Department of Labor Wage Determination, incorporate Wage Determination Number

       2015-4281, Version 24, date June 27, 2022.

    4. Section H.8—Way to Work Amendment Act of 2006, LIVING WAGE ACT FACT SHEET, July 2022.

    5. Section H.8—Way to Work Amendment Act of 2006, July 2022 Living Wage Notice.

    6. The contractor shall reference the subject Task Order Number and issued Purchase Order Number

       when submi