MURIEL BOWSER MAYOR The 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 Modification No. 2 to Contract No. DCAM-21-CS-RFP-0008Q with Procon Consulting LLC to exercise option year one of the contract in the not-to- of performance is from July 16, 2023, through June 15, 2024. Under the proposed modification, Procon Consulting, LLC will continue to provide construction management services from inception through post construction via task orders for various facilities within DGS real estate portfolio under its contract with DGS. If you have any questions regarding the proposed contract modification, please contact Delano Hunter, Acting Director DGS or have and Procurement, at (202) 727-2800. 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. 2 to Contract No. DCAM-21-CS-RFP-0008Q Construction Management Services Exercise of Option Year 1 (A) Contract Number: DCAM-21-CS-RFP-0008Q Modification No. 2 to exercise remainder of Option Year 1 Proposed Contractor: Procon Consulting, LLC (the “Contractor”) Proposed Contract Amount (Option Year 1): Not-to-Exceed (“NTE”): $3,000,000 Term of Contract (Option Year 1): July 16, 2023 through June 15, 2024 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 Contract No. DCAM-21-CS-RFP-0008Q Contract Amount: $3,000,000 Council Approval: CA24-0518, June 3, 2022 Option Year 1 Exercise partial Option Year 1 Modification No. 1 – No Cost Exercise remainder of Option Year 1 Proposed Modification No. 2 Proposed Option Year 1 Amount $3,000,000 (C) A statement that Citywide Clean Hands database indicates that the proposed contractor is current with its District taxes. If the Citywide Clean Hands Database indicates that the proposed contractor is not current with its District taxes, either: (1) a certification that the contractor has worked out and is current with a payment schedule approved by the District; or (2) a certification that the contractor will be current with its District taxes after the District recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b): The Citywide Clean Hands database indicates that the Contractor is current with its District taxes. The relevant certification is attached. (D) A statement that the proposed contract is within the appropriated budget authority for the agency for the fiscal year and is consistent with the financial plan and budget adopted in accordance with D.C. Official Code §§ 47-392.01 and 47-392.02: The Agency Fiscal Officer has certified that the proposed Contract Modification No. 2 is within the Department’s appropriated budget authority for the fiscal year and is consistent with the financial plan and budget adopted in accordance with D.C. Official Code §§ 47-392.01 and 47-392.02. The relevant certification accompanies this Council Package. (E) A certification that the proposed contractor has not been determined to be in violation of D.C. Official Code § 1-1163.34a: Based upon a certification from the Contractor, the Contractor has not been determined to be in violation of D.C. Official Code § 1-1163.34a. )*87!84ÿÿ458ÿ 474ÿÿ+!" ,8ÿÿ458ÿ58ÿ# +ÿ,87 0010ÿ345ÿ6478849ÿ6 ,8ÿÿ-.ÿ/ÿ08*88ÿ 549ÿÿ113  48ÿÿ48 8ÿ09ÿ1 48ÿ!"87111 10,,ÿ,62-%)ÿ #$%ÿ&&'&&&033 011ÿ-36,6ÿ45ÿ6-$ÿ1  8ÿ%ÿ03 6$7ÿ57ÿÿ01'30 ÿ ÿ @ABCDED@FCAÿHEÿ@IAFJÿKFJLM 7 ÿ78;748/ÿÿ458ÿ+8ÿ> /ÿ948!9ÿ458ÿ"*8ÿ788788/ÿ/*/+N8449ÿ5 ÿÿ44/ +"+49ÿO45ÿ458ÿ 474ÿÿ+!" ÿ,8ÿÿ-.ÿ/ÿ08*88ÿ7ÿ458ÿ8;74!84ÿÿ$!;+9!84 687*8<ÿ7 ÿÿ458ÿ/48ÿ"*89ÿ458ÿ/*/+N8449ÿ5 ÿ!;+8/ÿO45ÿÿ/8ÿPÿ3'9ÿÿ4587878 45 ÿ87448ÿÿ+8ÿ> /ÿÿ 8/< -%-$ÿ3<ÿ-7Q7-%,9ÿ%$6%)9ÿ1$06%-69ÿ766$666$-69ÿ7ÿ#$$6 >71-$0ÿÿ)$$07ÿ%$6$ 624>71-$0ÿ%%<ÿ$7ÿ>76ÿ4$#,0$ÿ0$$%5%)ÿ7ÿ%$6$ÿ,0ÿ1$06%- <<ÿ,$ÿPÿ3'ÿR11S Pÿ3'ÿ10,>%4%-%,ÿ7)7%6-ÿ%6627$ÿ,#ÿ%$6$ÿ,0ÿ1$06%- 745788/ÿ49ÿ68+/ÿ8: 475ÿ589ÿ++84ÿ/ÿ$78!84ÿ7/! 474 -ÿ*+/48ÿ45 ÿ874489ÿ;+8 8ÿ* 4ÿ69-.<<*<ÿ,ÿ458ÿ69-.ÿÿ5!8;89ÿ+:ÿ458 =5 +/48ÿÿ87448ÿÿ+8ÿ> /?ÿ59;87+:ÿ/87ÿ458ÿ+8ÿ> /ÿ84< TTUTÿVWXÿMWYZZWÿM[\ÿM]^WZÿ[_`U\ÿ[abX^cdWec\ÿL@ÿ_UU_VfgXecZhÿi_U_jÿ̀_VklUVlfmnCaopL@pdeq ÿ GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF GENERAL SERVICES ___________________________________________________________________________ OFFICE OF THE GENERAL COUNSEL MEMORANDUM TO: Thomas Wells Director, Office of Policy and Legislative Affairs FROM: Kristen Walp Senior Assistant General Counsel SUBJECT: Legal Sufficiency Certification Proposed Modification No. 2 to Construction Management Services Contract Number: DCAM-21-CS-RFQ-0008Q Contractor: Procon Consulting, LLC DATE: June 16, 2023 _____________________________________________________________________________ This is to certify that this Office has reviewed the above-referenced Modification 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, 6th Floor Washington DC 20019 | Telephone (202) 727-2800 | Fax (202) 727-7283 GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF GENERAL SERVICES Memorandum To: Delano Hunter Acting Director From: Antoinette Hudson Beckham Agency Fiscal Officer Department of General Services Reference: DCAM-21-CS-RFP-0008Q Construction Management Services Date: June 11, 2023 Subject: Fiscal Sufficiency Review In my capacity as the Agency Fiscal Officer of the Department of General Services (the “Department”), I hereby certify that Modification No. to 2 Contract No. DCAM-21-CS-RFP- 0008Q for Construction Management Services between the Department and Procon Consulting, LLC (the “Contractor”) with a Not-To-Exceed (“NTE”) value of $3,000,000.00 and a guaranteed minimum value of $50.00 is consistent with the Department’s current budget and that adequate funds are available in the budget for the expenditure. The $50.00 minimum value is hereby certified. Funds supporting individual task order agreements, above the minimum amount certified of $50.00, to be issued against Option Year One (“Option Year One”) with an annual aggregate NTE value of $3,000,000.00, will be reviewed for certification and approval at the time of issuance of any such task order agreements. Each task order is subject to availability of appropriated funds. Task orders agreements, ineligible for capital expenditure, will be funded under the Department of General Services (DGS) operating budget, if funding is available. The Department of General Services (AM0-Implementing AGY) has $50.00 in DC Public Schools (GA0 – Owner AGY) cumulative capital budget authority balance. The PASS information follows and is attached/ below. Fiscal Sufficiency Review Construction Management Services Contract Number: DCAM-21-CS-RFP-0008Q Project Name Project AY Fund Imp. Owner RK Amount Comments Number Detail Agency Agency AM0.GM311C.HI 100071 N/A 3030300 AM0 GA0 RK247257 $50.00 See Attached GH SCHOOL LABOR - PROGRAM MANAGEMENT Total $50.00 for AHB _________________________ Antoinette Hudson Beckham Agency Fiscal Officer Department of General Services Page 2 of 4 GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF GENERAL SERVICES ______________________________________________________________________________ Memorandum TO: Delano Hunter Acting Director, Department of General Services George G. Lewis Chief, Contracts and Procurement Division FROM: Kristen Walp Senior Assistant General Counsel SUBJECT: Legal Sufficiency Review Proposed Modification No. 2 to the Contract for Construction Management Services Contract Number: DCAM-21-CS-RFQ-0008Q Contractor: Procon Consulting, LLC DATE: June 16, 2023 1. Description of Proposed Contract The Department of General Services (the “Department”) seeks approval of the above-referenced modification for the Basic Ordering Agreement for Construction Management Services (DCAM- 21-CS-RFQ-0008Q) (the “Contract”) between the Department and Procon Consulting, LLC (the “Contractor”). If approved, proposed Modification No. 2 to the Contract, which is Indefinite Delivery/Indefinite Quantity (“IDIQ”) contract, would authorize the Contractor to continue providing construction and project management services to aid the Department’s Capital Construction Division in the execution of its portfolio of construction projects (the “Project”). The Contract, as awarded, contains a base term (“Base Year”) and four (4) one-year option periods (“Option Years”), with a guaranteed minimum amount of $50. The Department now seeks Council approval for Modification No. 2 to fully exercise Option Year 1 through June 15, 2024, with a guaranteed minimum amount of $50 and a NTE amount of $3,000,000 and to authorize the Contractor to continue providing construction management Page 1 of 2 Legal Sufficiency Review Proposed Modification No. 2 to the Contract for Construction Management Services Contract Number DCAM-21-CS-RFQ-0008Q services. The proposed Modification No. 2, like the underlying Contract, does not authorize any specific work or guarantee that any work will be assigned to the Contractor. As the NTE amount of proposed Modification No. 2 exceeds $1 million, Council approval is required for this contract action. 2. Procurement Process The underlying Contract was competitively bid and previously submitted to and approved by the Council as CA24-04518. On June 15, 2023, Modification No. 1 was executed and partially exercised Option Year 1 with a period of performance from June 16, 2023, to July 15, 2023. This was a zero-cost modification and thus Council approval was not required. The proposed Modification No. 2, if approved, would fully exercise Option Year 1 in the guaranteed minimum amount of $50 and a NTE amount of $3,000,000 and extend the term of the Contract through June 15, 2024. 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). Proposed Modification No. 2 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 the Contract modification is required under the District of Columbia Home Rule Act. This office was asked to review proposed Modification No. 2 to the Contract for legal sufficiency. I have reviewed and approved proposed Modification No. 2 to the Contract for legal sufficiency. Please be advised that my finding that proposed Modification No. 2 to the Contract 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 Department’s Agency Fiscal Officer. If there are any questions, please feel free to contact me at (202) 727-2800. Page 2 of 2 GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF GENERAL SERVICES REQUEST FOR PROPOSAL SOLICITATION DCAM-21-CS-RFP-0008 CONSTRUCTION MANAGEMENT SERVICES Solicitation Issue Date: March 8, 2021 Pre-proposal Conference: March 11, 2021 at 10:00AM Deadline for Questions: March 17, 2021 by 2:00PM Due Date for Proposals: March 29, 2021 by 2:00PM Contact: James H. Marshall Contracting Officer Contracts & Procurement Division 2000 14th Street NW 4th Floor Washington, DC 20009 202 664-0416 james.marshall@dc.gov 2000 14th St. NW, 4th Floor Washington DC 20009 | Telephone (202) 727-2800 | F a x (202) 727-7283 1. Caption Page of Pages SOLICITATION/OFFER/ Construction Management Services AWARD 1 51 2. Contract Number 3. Effective Date 4. Requisition No. DCAM-21-CS-RFP-0008Q See Block 20C RK201418 5. Issued By: 6. Administered by (If other than line 5) Department of General Services Department of General Services Contracts and Procurement Division Capital Construction Division 2000 14th Street, 4th Floor 1250 U Street 3rd Floor Washington, DC 20009 Washington, DC 20009 7. Name and Address of Contractor 8. Delivery FOB Origin Other (See Section F.3) Procon Consulting LLC 9. Discount for prompt payment 1005 N Glebe Rd, Ste 325 10. Invoices Arlington, VA 22201 Submit invoices to the Address shown in Section G.2 11. Ship to/Mark For 12. Payment will be made by Government of the District of Columbia Government of the District of Columbia Department of General Services | Capital Construction Division Office of the Chief Financial Officer/Department of General Services 1250 U Street, NW 2000 14th Street, 5th Floor Washington, DC 20009 Washington, DC 20009 13. Acknowledgement of Amendments 14. RESERVED Amendment No. 1, March 9, 2021 Amendment 4, March 27, 2021 Amendment No. 2, March 25, 2021 Amendment 5, March 29, 2021 Amendment No. 3, March 26, 2021 Amendment 6, April 6, 2021 15A. Item 15B. Supplies/Services 15C. Qty. 15D. Unit 15E. Unit Price 15F. Amount See Section B.4 Price/Cost Schedule (Attachment J.9) 16. Table of Contents Description