MURIEL BOWSER
MAYOR
September 16, 2024
Honorable Phil Mendelson
Chairman
Councilofthe 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 202of the Procurement Practices Reform Act of 2010 (D.C. Official Code §
2-352.02), enclosed for consideration and approval by the Council ofthe District of Columbia is
proposed Modification No. 13 to Contract No. GAGA-2022-T-0067 with Gordon Food Service,
Inc. to exercise option year three in the amountof $1,872,177.48. The period of performance is
from October 1, 2024, through September 30, 2025.
Under the proposed modification, Gordon Food Service, Inc. will continue to provide grocery
items and other food service-related products to select District of Columbia Public Schools
(“DCPS”) child nutrition programs.
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 considerationof this proposed contract modification.
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-T-0067
Proposed Contractor: Gordon Food Service Inc.
Contract Amount (Option Amount): $1,872,177.48
Term of Contract: October 1, 2024, thru September 30, 2025
Type of Contract: Requirements
(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:
B25-0269 – Base Period and Option Year One
CA25-0356 – Option Year Two
(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 August 6, 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 agency fiscal officer has certified that the required contract funds are available in the approved
budget and financial plan for the District of Columbia Public Schools for Fiscal Year 2025.
1
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 6, 2024 Notice Number: L0012228455
GORDON FOOD SERVICE INC FEIN: **-***9848
PO BOX 2992 Case ID: 13614701
GRAND RAPIDS MI 49501-2992
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
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: Andy Hai Ting, Office of Fiscal Strategy
2. Funding Certification Period: 10/1/24-9/30/25
3. Summary of Proposed Procurement: To provide food services to DC Public Schools
4. If contract has been awarded:
• Contractor: Gordon Food Service
• Contract Dates: October 1, 2024 through September 30, 2025
• Contract Number: GAGA-2022-T-0067
• Contract Amount: $1,872,177.48
• RK Number: 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 2025 409 1010001 7132001 400011 40078 0 0 $93,888.89
GD0 2025 409 4020002 7132001 400367 40229 400286 2002136 $1,112,320.01
GD0 2025 409 4020002 7132001 400367 40229 400286 2002135 $406,302.96
GD0 2025 409 4020002 7132001 400367 40229 400286 2002133 $181,969.74
GD0 2025 409 1011008 7132001 400367 40229 400286 1000812 $64,507.59
GD0 2025 409 4020002 7132001 400367 40229 400286 2002123 $13,188.29
Total $1,872,177.48
.
I hereby certify that the above referenced GFS 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.
Name Date
DCPS Agency Fiscal Officer
8/12/24
Cluster Budget Director Date
1200 First Street, NE | Washington, DC 20002 | T 202. 442. 5885 | F 202. 442. 5026 | dcps.dc.gov
ep GOVERNMENT OF THE DISTRICT OF COLUMBIA
acai BILATERAL MODIFICATION
| Page No. 1of3Page
1. CONTRACT NO: 2. CONTRACT DATE: 3. MODIFICATION NO: ‘4. MODIFICATION DATE:
GAGA-2022-T-0067 10/1/2023 13 See block 12
5. CAPTION: Grocery Distribution
6 . ISSUED TO: (Contractor) 7. ISSUING OFFICE:
Gordon Food Service District of Columbia Public Schools (DCPS)
1300 Gazen Parkway SW Office of Fiscal Strategy
Wyoming, Mi 49509 Contracts and Acquisitions Division
(616) 717-7600 1200 First Street, NE, 9" Floor
Washington, DC 20002
Tele: (202) 442-5112
‘8. PROGRAM OFFICE: OCOO, 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 Government Supply and Service Contract dated July 2010, and 27 DCMR Section 3601.2, the
contract is hereby modified as follows:
1. In accordance with the provisions of the contract entitled “Period of Performance”, the District of
Columbia Public Schools (DCPS) hereby exercises option year three of the subject Contract in the
amount of one million eight hundred seventy-two thousand one hundred and seventy-seven dollars
and forty-eight cents ($1,872,177.48).
2. The performance period for option year three is October 1, 2024 through September 30, 2025.
3. DELETE 10.7 The Quick Payment Clause and Insert the following:
10.7 THE QUICK PAYMENT ACT (Feb 2019)
10.7.1 _ Interest Penalties to Contractors
All other terms and conditions of the contract remain unchanged.
10. AMOUNT OF MODIFICATION: _$0 (CURRENT VALUE OF CONTRACT: $1,872,177.48
CURRENT COMPLETION DATE: Septe 30, 2025
11. CONTRACTOR:
ow ie Name: Clin Okornate Cru
SignatureofAuthorized Represeniaive rng, Bh 5 Date
12. ACCEPTANCE BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
Name:
Title: _Contracting Officer Date
Signature
File Contractor PSD Using Agency
3197
GAGA-2022-T-0067 Page 2 of 3
10.7.1. 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:
10.7.1.1.1 The date on which payment is due under the termsofthis contract;
10.7.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of delivery of meat or meat
food products;
10.7.1.1.3 Not later than 10 calendar days, excluding legal holidays, after the date of delivery ofa perishable
agricultural commodity; or
10.71.24 30 calendar days, excluding legal holidays, after receipt ofa proper invoice for the amount of the
payment due.
10.7.1.2 No interest penalty shall be due to the Contractorif payment for the completed deliveryof goods
or services is made on or before:
10.7.1.2.1 3" dayafter the required payment date for meat or a meat product;
10.7.1.2.2 5" day after the required payment date for an agricultural commodity; or
10.7.1.2.3 15" dayafter any other required payment date.
10.7.1.3 Any amount of an interest penalty which remains unpaid at the endof any 30-day period shall be
added to the principal amount of the debt and thereafter interest penalties shall accrue on the
added amount.
10.7.2 Payments to Subcontractors
10.7.2.1 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:
10.7.2.1.1 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
10.7.2.1.2 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.
10.7.2.2 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:
10.7.2.2.1 3 day after the required payment date for meat or a meat product;
GAGA-2022-T-0067 Page 3 0f3
10.7.2.2.2 5® dayafter the required payment date for an agricultural commodity; or
10.7.2.2.3 15" day after any other required payment date.
10.7.2.3 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.
10.7.2.4 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.
10.7.3 Subcontract requirements
10.7.3.1 The Contractor shall include in each subcontract under this contract a provision requiring the
subcontractor to include in its contract with any lower-tier subcontractor or supplier the payment
and interest clauses required under paragraphs (1) and (2) of D.C. Official Code § 2-221.02(d)..
10.7.3.2 The Contractor shall include in each subcontract under this contract a provision that obligates the
Contractor, at the election of the subcontractor, to participate in negotiation or mediation as an
alternative to administrative or judicial resolution of a dispute between them.