September 11, 2024 The Honorable Phil Mendelson Chairman Council of the District of Columbia John A. Wilson Building 1350 Pennsylvania Avenue, NW, Suite 504 Washington, DC 20004 Subject: Contract No. AGR-24-30000207 with Siemens Industry, Inc. for Switchgear Maintenance, Inspection, Testing and Repair Services Dear Chairman Mendelson: Pursuant to D.C. Code §§ 1-204.51 and 2-352.02(a)(1), enclosed for consideration and approval by the Council of the District of Columbia is the Base Term of the subject contract with Siemens Industry, Inc. The proposed period of performance is from October 1, 2024 to September 30, 2025. The dollar value of the proposed contract during the term is a not-to-exceed amount of $1,494,600.00. The purpose of this contract is to provide switchgear maintenance, inspection, testing and repair services at the Walter E. Washington Convention Center and the Entertainment and Sports Arena. A full contract summary is provided. As always, I am available to discuss any questions you may have. Sincerely, Angie M. Gates President and CEO copy: Andrea Lennon, Senior Director, Contracts and Procurement Services, Events DC Nicole B. Jackson, Esq., General Counsel, Events DC Enclosures CONTRACT SUMMARY SIEMENS INDUSTRY, INC. SWITCHGEAR MAINTENANCE, INSPECTION, TESTING AND REPAIR SERVICES (A) The proposed contractor, contract amount, unit and method of compensation, contract term, type of contract and source selection method. Proposed Contractor: Siemens Industry, Inc. (“Siemens”) Contract Number: AGR-24-30000207 Contract Amount: Not-to-exceed $1,494,600.00 Unit/Method of Compensation: Firm fixed price for replacement of circuit breakers and not-to-exceed amounts for inspections, testing, repairs and emergency service billed upon completion of services Contract Term: October 1, 2024 - September 30, 2025 (Base Term) Contract Type: Services Contract Source Selection Method: GSA Task Order (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 or reasons for the difference: Base Period Amount: $1,494,600.00 Task # Task Description Amount #1 Low Voltage Circuit Breaker Replacement Sections 6-11 $995,600.00 #2 Switchgear Inspection and Testing ESA $58,600.00 #3 ESA Emergency Service $60,000.00 #4 Switchgear Inspection and Testing Convention Center $280,400.00 #5 Switchgear Convention Center Emergency $100,000.00 TOTAL NTE $1,494,600.00 Option Periods 1 through 4 Amounts: To be determined at the time of Option Period exercise, based upon the services that are required. (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: • Goods and services to be provided: Siemens will continue to furnish the Washington Convention and Sports Authority t/a Events DC (the “Authority”) with switchgear maintenance, inspection, testing and repair services at the Walter E. Washington Convention Center (the “Convention Center”) and the Entertainment and Sports Arena (“ESA”), 1 collectively, the “Facilities”. Siemens provides high-and-low-voltage switchgear inspection and testing, substation maintenance, and testing, load bank testing, and on-call repair and maintenance services (the “Services”) at the Convention Center. The switchgear equipment is located throughout the Convention Cener and controls the flow of electrical current to protect the facility from electrical damage in the case of ground faults, outages, excess currents, and other service interruptions. Siemens will also continue to replace obsolete circuit breakers at the Convention Center. Siemens will also provide switchgear inspection, testing and emergency services at the ESA. • Social Impact: The Agreement is essential for the proper operation of essential building systems at the Convention Center and ESA, including control of smoke detectors; sprinkler flow devices; manual fire alarm pull stations; heat detectors; elevator systems, public address systems; and, fire alarm speakers, fire annunciators, and fire strobes. This Agreement will ensure the health and safety of the Authority’s employees, clients, attendees, and the general public during events and shows at both Facilities. • Method of Delivering Goods and Services: The Services will be provided in accordance with the terms and conditions of the Agreement. • Significant Program Changes: None. (D) The selection process, including the number of offerors, the evaluation criteria, and the evaluation results, including price and technical components. • Selection process: The Agreement was awarded in accordance with the Authority’s procurement rules at 19 DCMR § 301.1 under GSA Federal Supply Schedule Contract # GS- 07F-217CA. The referenced rule allows for the procurement of good or services pursuant to a contract of the U.S. General Services Administration without utilizing a competitive solicitation process. • Number of Offerors: N/A • Evaluation Criteria: N/A • Evaluation Results: N/A (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: None. (F) The background and qualifications of the proposed contractor, including its organization, financial stability, personnel, and prior performance on contracts with the District government. With over 170 years of experience, Siemens is one of the world’s largest technology companies specializing in electrical engineering and electronics. This company provides a wide variety of 2 products and services, including building technology services and equipment utilized at the Convention Center, ESA and Carnegie Library. Siemens is also the incumbent provider of building system maintenance and repair services for the Authority. • Organization and Personnel: While headquartered in Berlin, Germany, Siemens has offices around the world and across the United States, including Washington, D.C., Maryland, and Virginia. Siemens employs approximately 320,000 employees worldwide, of which 454 are based out of their Maryland location. • Financial Stability: According to a Dun & Bradstreet Business Report obtained on June 21, 2024, Siemens has a clear financial history. • Prior Performance: Siemens has received excellent ratings on past performance evaluations and has satisfactorily provided switchgear maintenance, inspection, testing and repair services to the Authority for the past 20 years. (G) Performance standards and a summary of the expected subcontracting plan required under section 2346 of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended, D.C. 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: There is a subcontracting waiver in place as granted by the Department of Small and Local Business Development. (H) Performance standards and expected outcomes of the proposed contract. Specific performance standards for Siemens are set forth in the Agreement. (I) The amount and date of any expenditures of funds by the District pursuant to the contract prior to 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 and budget adopted in accordance with §§ 47-392.01 and 47-392.02. The Authority’s budget is separate from the financial plan and budget adopted by the District of Columbia in accordance with D.C. Code §§ 47-392.01 and 47-392.02. Pursuant to Public Law No. 105-227, Congress has exempted the Authority from the appropriation requirement set forth in the fourth sentence of Section 446 of the Home Rule Act (Public Law No. 105-227, 112 Stat. 1515) (August 12, 1998). The Authority’s Fiscal Year 2025 budget was adopted by its Board of Directors on March 6, 2024. By signature below, the Authority’s Chief Financial Officer certifies that the Agreement is consistent with the Authority’s approved capital budget. 3 (K) A certification that the proposed contract is legally sufficient and has been reviewed by the Office of the Attorney General, including whether the proposed contractor has any currently pending legal claims against the District. As an independent corporate authority with a legal existence separate from the District, the Authority is represented by its own General Counsel who serves as Assistant Secretary to its Board of Directors. (See D.C. Code § 10-1202(a); see also 19 DCMR § 110.3). By signature below, the General Counsel certifies that the Agreement with Siemens is legally sufficient, that Siemens has no pending claims against the Authority, and that the Authority is unaware of any pending claims Siemens has against the District. (L) A certification that Citywide Clean Hands database indicates that the proposed contractor is current with its District taxes. Siemens is current with its District tax obligations (See Tab 3). (M) A certification that the proposed contractor is current with its federal taxes or has worked out and is current with a payment schedule approved by the federal government. Siemens is current with its Federal tax obligations (See Tab 3). (N) The status of the proposed contractor as a certified local, small, or disadvantaged business enterprise. Siemens is not a certified business enterprise (CBE). (O) Other aspects of the proposed contract that the Chief Contracting Officer deems significant. None. (P) A statement indicating whether the proposed contractor is currently debarred from providing services to any governmental entity (federal, state, or municipal), the dates of the debarment, and the reasons for the debarment. As of September 9, 2024, Siemens was not found on the District or Federal Excluded Parties Lists. (Q) Any determination and findings issues relating to the contract’s formation, including any determination and findings made under D.C. Code § 2-352.05 (privatization contracts): None. 4 Submitted on behalf of the Authority by: President and General Counsel Chief Executive Officer Angie M. Gate s Nicole B. Jackson, Esq. Chief Financial Officer Henry W. Mosley, CPA 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 30, 2024 Notice Number: L0012387835 SIEMENS INDUSTRY, INC. FEIN: **-***2488 1000 DEERFIELD PKWY Case ID: 15622206 BUFFALO GROVE IL 60089-4547 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 MEMORANDUM TO: Jennifer Budoff Budget Director Council of the District of Columbia FROM: Henry W. Mosley, CPA Chief Financial Officer DATE: September 11, 2024 SUBJECT: Funding Certification for the Base Term of Contract No. AGR-24- 30000207 with Siemens Industry, Inc. for Switchgear Maintenance, Inspection, Testing and Repair Services The purpose of this memorandum is to provide funding certification for the Base Term of Events DC’s contract with Siemens Industry, Inc. (Contract No. AGR-24- 30000207) for switchgear maintenance, inspection, testing and repair services at the Walter E. Washington Convention Center and the Entertainment and Sports Arena. On behalf of Events DC, it is my certification that the not-to-exceed contract amount of $1,494,600.00 for the Base Term is included in Events DC’s approved fiscal year 2025 budget. Please feel free to contact me if you have any questions. cc: Angie M. Gates, President and Chief Executive Officer, Events DC Nicole B. Jackson, Esq., General Counsel, Events DC MEMORANDUM TO: Angie M. Gates President and Chief Executive Officer FROM: Nicole B. Jackson, Esq. General Counsel DATE: September 11, 2024 SUBJECT: Certification of Legal Sufficiency for the Base Term of Contract No. AGR- 24-30000207 with Siemens Industry, Inc. for Switchgear Maintenance, Inspection, Testing and Repair Services I. Description of Proposed Base Term Events DC proposes to award the Base Term of Contract No. AGR-24-30000207 (“Contract”) with Siemens Industry, Inc. to provide switchgear maintenance, inspection, testing and repair services at the Walter E. Washington Convention Center and the Entertainment and Sports Arena. II. Procurement Overview The Chief Contracting Officer has determined that: (i) the award of the Base Term of the Contract is in the best interest of Events DC; (ii) the total amount of the Base Term of the Contract is not-to-exceed $1,494,600.00; and (iii) the requirements covered by the Contract fulfill an existing need for Events DC. Based on the foregoing, the Chief Contracting Officer proposes to award the Base Term of the Contract. III. Legal Review The Office of the General Counsel has reviewed the proposed Base Term Contract and finds it to be legally sufficient. The Contract package includes: 1. Council Transmittal Letter; 2. Contract Summary; 3. Tax Compliance Certifications; 4. Certification of Funding Availability; 5. Certification of Legal Sufficiency; 6. Events DC Board of Directors Resolution; and 7. Contract (vendor signed only). The award of the Base Term of the Contract requires District of Columbia Council approval. ‚ƒ„ †‡ˆÿŠˆ‹Œ‚ŽŒÿÿ‘’“”•–”—˜™’’—•š›—‘–œ™—”“˜–œ˜™”’ ÿ ÿ 789ÿ 8 7ÿ97ÿÿ7 ÿ78 7ÿÿ 9 7ÿÿ789ÿ ÿÿ 97 ÿÿ ÿ ÿ ÿ  ÿÿ ÿ7 !ÿ9ÿ99"97ÿ ÿ 789 ÿ 97#ÿ79 7#ÿ" 79 9ÿÿ9 ÿ9 9 ÿ ÿÿ 899 #ÿ$%&ÿ'()%*+,$4+ÿ-4+.&+$*4+ÿ(+/ÿ0142$)ÿ34$%42*$5ÿ6789:;<=>:?@Aÿ)&&C)ÿ$%&ÿ )&2.*D&)ÿ45ÿ(ÿD4E1(+5ÿ$4ÿ124.*/&ÿ)F*$D%,&(2ÿ*+)1&D$*4+Gÿ$&)$*+,GÿE(*+$&+(+D&Gÿ(+/ÿ2&1(*2ÿ )&2.*D&)ÿ$4ÿD4+$24Hÿ$%&ÿ5H4Fÿ45ÿ&H&D$2*D(HÿD422&+$ÿ(+/ÿ$4ÿ124$&D$ÿ$%&ÿ'(H$&2ÿIJÿ'()%*+,$4+ÿ KLRNL:ÿOLPÿST<=:Uÿ8=NLOÿ6VMNW?Xÿ:;Nÿ7YOV>W>:>NU@Aÿ524Eÿ &H&D$2*D(Hÿ/(E(,&Zÿ(+/ÿ ÿ 899 #ÿOUÿO9:;<=>[NPÿ\?ÿ:;Nÿ89:;<=>:?]UÿT=VNUÿ8PR>L>U:=O:>:?]Uÿ (1124.&/ÿ5*)D(Hÿ5&(2ÿ6u6{ÿ41&2($*+,ÿ(+/ÿD(1*$(Hÿo4/,&$)Jÿÿÿ ÿ  #ÿ78999#ÿ9ÿ7ÿ9 9ÿ78 7#ÿ$%&ÿx4(2/ÿ45