MURIEL BOWSER
MAYOR
April 7, 2021
The Honorable Phil Mendelson:
Chairman
Councilofthe District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue NW, Suite 504
Washington, DC 20004
Reference: Department of General Services
Modification No. 5 to Basic Ordering Agreement for DCPS & DPR Small
Construction Projects, Exercise of Option Year 004
Contractor: WKM Solutions, LLC
Contract No.: DCAM-17-CS-00331
Dear Chairman Mendelson:
Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code 1-
204.51) and the Procurement Practices Reform Act (D.C. Official Code 2-351.01 ef seq.),
enclosed for consideration and approval by the Councilofthe District of Columbia is the attached
Proposed Modification No. 5 of the Basic Ordering Agreement for District of Columbia Public
Schools and (DCPS) and Department of Parks and Recreation (DPR) Small Construction
Projects (DCAM-17-CS-00331) (the Contract) with WKM Solutions, LLC (the Contractor,
to exercise option year 004 in the guaranteed minimum amount of $50 and a not-to-exceed
(NTE) amount of $15,000,000. The contemplated period of performance is from June 2, 2021
to June 1, 2022.
Under the proposed modification, the Contractor shall continue to perform small construction
projects for the DCPS and DPR facilities on a competitively awarded task order basis.
If you have any questions regarding this proposed action, please feel free to contact Keith A.
Anderson, the Department's Director, or George G. Lewis, the Departments Chief of Contracts
and Procurement, at (202) 727-2800.
I look forward to the Councils favorable consideration of this contract.
sincf\ly,
.
Muritl Bows
Enclosures
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
____________________________________________________________________________________
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
(Options)
Modification No. 5 to Basic Ordering Agreement for DCPS & DPR Small Construction Projects
Exercise of Option Year 004
(A) Contract Number: DCAM-17-CS-0033I
Modification No. 5 to Exercise Option Year 004
Proposed Contractor: WKM Solutions, LLC
Contract Amount (Option Period): Guaranteed Minimum: $50;
Estimated Not-To-Exceed: $15,000,000
Term of Contract (Option Period): June 2, 2021 through June 1, 2022
Note: Council approval is needed by April 20, 2021 in
order to timely authorize performance of the necessary
services.
Type of Contract: Basic Ordering Agreement
(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:
Underlying Contract: DCAM-17-CS-0033I (the Contract)
Council Approval: CA22-02307, July 06, 2017
Contract Amount: Guaranteed Minimum $50; Not-to-Exceed $10,000,000
Option Year 001: Modification No. 1
Council Approval: CA22-0452, April 28, 2018
Option Year 001 Amount: Guaranteed Minimum: $50; Not-to-Exceed $10,000,000
Option Year 002: Modification No. 2
Council Approval: CA23-0084, April 20, 2019
Option Year 002 Amount: Guaranteed Minimum: $50; Not-to-Exceed $15,000,000
Option Year 003: Modification No. 3
Council Approval: Not applicable as value is under $1 million Guaranteed
Minimum: $50; Not-To-Exceed: $950,000
Option Year 003: Modification No. 4
Council Approval: R23-0439, July 07, 2020
Option Year 003 Amount: Guaranteed Minimum: $50; Not-to-Exceed $15,000,000
Option Year 004: Proposed Modification No. 5
Proposed Amount: Guaranteed Minimum: $50; Not-to-Exceed $15,000,000
(C) A statement that 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 relevant certification 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 Office of the Chief Financial Officer has certified that the guaranteed minimum value of $50 of
proposed Contract Modification No. 5 is within the appropriated budget authority for the agency
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.
ke He Ke Government
oftheDistrictofColumbia
WE Office ofthe Chief Financial Officer 1101 4 Street, SW
[mmm Office of Tax and Revenue Washington, DC 20024
Date of Notice: April 1, 2021 Notice Number: 10005425429 =
WKM SOLUTIONS LLC FEIN: **-*#*1154
900 17 STREET NW 650 Case ID: 746187
WASHINGTON DC 20006
CERTIFICATE
OFCLEANHANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. Asofthe date above, the individual/entity has complied with DC Code 47-2862, therefore
this Certificate ofClean 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)
47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
He
Authorized By Mare Aronin
Chief, Collection Division
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
Validate a Certificate ofClean Hands hyperlink under the Clean Hands section.
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5048/MyTax.DC.g0v
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
______________________________________________________________________________
Memorandum
TO: Keith A. Anderson
Director, Department of General Services
George G. Lewis
Associate Director, Contracts and Procurement Division
FROM: Kristen Walp
Senior Assistant General Counsel
SUBJECT: Legal Sufficiency Review
Modification No. 5 to Basic Ordering Agreement for DCPS & DPR Small
Construction Projects, Exercise of Option Year 004
Contract No.: DCAM-17-CS-0033I
Contractor: WKM Solutions, LLC
DATE: March 30, 2021
1. Description of Proposed Contract
The Department of General Services (the Department) seeks passive Council approval of the
above-subject Contract and proposed Modification No. 5 of the Basic Ordering Agreement, for
small construction projects at District of Columbia Public Schools (DCPS), Department of
Parks and Recreation (DPR) with WKM Solutions, LLC (the Contractor). If approved,
Modification No. 5 to the underlying Indefinite Delivery/Indefinite Quantity (IDIQ) contract
would authorize the Contractor to provide small general construction services for the DCPS and
DPR facilities, on a competitively awarded task order basis (the Project).
The Contract, as awarded, contemplated a base period (Base Year) and four (4) one-year
option periods (Option Years) valued at a Not-To-Exceed (NTE) amount of $10,000,000,
with a guaranteed minimum amount of $50.
The Department now seeks Council approval for Modification No. 5 of the Basic Ordering
Agreement, to exercise Option Year 004 in the guaranteed minimum amount of $50 and a not-to-
exceed amount of $15,000,000. The contemplated period of performance is from June 2, 2021
through June 1, 2022. Under the proposed modification, the Contractor shall continue to perform
Page 1 of 2
Legal Sufficiency Review
Contract for Small Construction Projects
Contract Number DCAM-17-CS-0033I
small construction projects for the DCPS and DPR facilities on a competitively awarded task
order basis. As the aggregate NTE amount of the proposed Modification No. 5 exceeds $1
million, Council approval is required this contract action.
2. Procurement Process
On April 26, 2017, the Department awarded BOA No. DCAM-17-CS-0033I to WKM Solutions,
LLC. The BOA has a one-year base term and four (4) one-year option periods.
On April 28, 2018, the Council approved Modification No. 1 for Option Year 001, with a
guaranteed minimum amount of $50, and a not-to-exceed amount of $10,000,000.
On April 20, 2019, the Council approved Modification No. 2 for Option Year 002, with a
guaranteed minimum amount of $50, and a not-to-exceed amount of $15,000,000.
On May 29, 2020, the Department executed Modification No. 3 to partially exercise Option Year
003 with a guaranteed minimum amount of $50, and a not-to-exceed amount of $950,000.
On July 07, 2020, the Council approved Modification No. 4 for Option Year 003, with a
guaranteed minimum amount of $50, and a not-to-exceed amount of $15,000,000.
Modification No. 5 for Option Year 004 would be for a minimum amount of $50, and a not-to-
exceed amount of $15,000,000. The work would be released through competitive task orders,
under the BOA/indefinite-delivery indefinite-quantity contract.
3. Legal Review
Congress amended 451 of the District of Columbia Home Rule Act by requiring that no
contract involving the expenditure of funds in excess of $1 million in a 12 month period be made
unless the Mayor submits the contract to Council for its approval and the Council approves the
contract. District of Columbia Financial Responsibility and Management Assistance Act of
1995 304(a), 109 Stat. 151 Pub. L. 104-8 (April 17, 1995) (codified at D.C. Official Code 1-
204.51(b) (2001). Modification No. 5 is in excess of $1 million and is subject to the 451
requirement of the District of Columbia Home Rule Act. Thus, Council review and approval of
Modification No. 5 to Contract No. DCAM-17-CS-0033I is required under the District of
Columbia Home Rule Act.
This office was asked to review Modification No. 5 to Contract No. DCAM-17-CS-0033I for
legal sufficiency. I have reviewed and approved Modification No. 5 for legal sufficiency. Please
be advised that my finding that Modification No. 5 is legally sufficient is premised on its
submission to and approval by the Council of the District of Columbia, as required by 1-
204.51(b) and 2-352.02 of the District of Columbia Official Code for contracts valued over $1
million, and the issuance of a Fiscal Certification by the Departments Agency Fiscal Officer.
If there are any questions, please feel free to contact me at (202) 340-6358.
Page 2 of 2
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
______________________________________________________________________________
OFFICE OF THE GENERAL COUNSEL
MEMORANDUM
TO: Ronan Gulstone
Director, Office of Policy and Legislative Affairs
FROM: Kristen Walp
Senior Assistant General Counsel
SUBJECT: Legal Sufficiency Certification
Modification No. 5 to Basic Ordering Agreement for DCPS & DPR Small
Construction Projects, Exercise of Option Year 004
Contract No.: DCAM-17-CS-0033I
Contractor: WKM Solutions, LLC
DATE: March 30, 2021
_____________________________________________________________________________
This is to certify that this Office has reviewed the above-referenced proposed modification and has
found it to be legally sufficient, subject to submission of any required materials and Council
approval.
Please feel free to contact me at (202) 727-2800 with any questions.
____________________________
Kristen Walp
Senior Assistant General Counsel
2000 14th St. NW, 4th Floor Washington DC 20009 | Telephone (202) 7272800 | Fax (202) 7277283
1. Contract Number Page of Pages
MODIFICATION OF CONTRACT DCAM-17-CS-0033I 1 1
2. Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Modification No. 5 See Block 16C Small Construction Projects
6. Issued By: 7. Administered By (If other than line 6)
Department of General Services Department of General Services
Contracting and Procurement Division Capital Construction Division
1250 U Street NW, 3rd Floor 1250 U Street NW, 4th Floor
Washington, DC 20009 Washington, DC 20009
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
N/A
WKM Solutions, LLC 9B. Dated (See Item 11)
1020 16th Street NW, Suite 602 N/A
Washington, DC 20036 10A. Modification of Contract/Order No.
Attn: Wilson Matos Email: wilson@wkmsolutions.net DCAM-17-CS-0033I/mod No.5
Phone: 202 827 0660
X 10B. Dated (See Item 13)
June 2, 2017
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers
is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
following methods: (a) By completing Items 8 and 15, and returning 1 copies of the amendment: (b) By acknowledging receipt of this
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
X A. This change order is issued pursuant to: (Specify Authority) Title 27 DCMR Sections 4727 and Contract DCAM-17-CS-0033I Sections 1.6 and 1.8; and Article 9
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
D. Other (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, X is required to sign this document and return 1 copy to the issuing office.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
Contract No. DCAM-17-CS-0033I is hereby modified as follows:
1. In accordance with Section 1.6, the Department hereby exercises Option Year 004 extending the term of the Contract from June 2, 2021 through June 1, 2022.
2. For Option Year 004, Section 1.8 is hereby modified such that the Contractor shall be entitled to receive a minimum of $50.00, regardless of whether any work
is assigned to the Contractor pursuant to any Task Order, up to an aggregate not-to-exceed amount of $15,000,000.00 for work performed pursuant to all Task
Orders issued in Option Year 004.
3. Davis Bacon Wage Rate General Decision No. DC20210002, Modification No. 2, dated January 15, 2021, is attached as Exhibit A and hereby incorporated in
Option Year 004 of the Contract.
4. The Living Wage Act Notice and Fact Sheet for 2021 are attached as Exhibit B and is hereby incorporated in Option Year 004 of the Contract.
5. All o