MURIEL BOWSER
MAYOR
July 5, 2023
Honorable Phil Mendelson
Chairman
Council of the District of Colwnbia
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 of2010 (D.C. Official Code§
2-352.02), enclosed for consideration and approval by the Council of the District of Colwnbia is
Contract No. CW97797 with ABC Towing to provide emergency towing services. The proposed
contract is in the not-to-exceed amount of $5,674,096 for the period of February 22, 2022 through
March 30, 2022.
My administration is available to discuss any questions you have regarding the proposed contract.
In order to facilitate a response to any questions you may have, please have your staff contact Marc
Scott, Chief Operating Officer for the Office of Contracting and Procurement, at (202) 724-8759.
I look forward to the Council's favorable consideration of this contract.
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4 at the request of the Mayor
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8 A PROPOSED RESOLUTION
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12 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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17 To declare the existence of an emergency with respect to the need to approve emergency
18 Contract No. CW97797 with ABC Towing, Inc., and Modification Nos. 1, 2, 3, 4,
19 5, 6 and 7 thereto, to provide standby towing services to support the District's
20 response to the 2022 Trucker's Convoy and to authorize payment for the goods
21 and services received under the contract and modifications.
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23 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That
24 this resolution may be cited as the "Emergency Contract No. CW97797 with ABC
25 Towing, Inc. Approval and Payment Authorization Emergency Declaration Resolution of
26 2023".
27 Sec. 2. (a) There exists an immediate need to approve emergency Contract No.
28 CW97797 with ABC Towing, Inc., and Modification Nos. 1, 2, 3, 4, 5, 6 and 7 thereto, to
29 provide standby towing services to support the District's response to the 2022 Trucker's
30 Convoy and to authorize payment for the goods and services received under the contract
31 and modifications.
32 (b) On February 21 , 2022, the Office of Contracting and Procurement, on behalf
33 of the Department of Public Works, awarded Contract No. CW97797, on an emergency
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34 basis, to ABC Towing, Inc. for the period February 22, 2022 through March 13, 2022 in
35 the not-to-exceed amount of $3,128,400.
36 (c) Modification No. 1 was an administrative modification.
37 (d) By Modification No. 2, dated March 13, 2022, the Office of Contracting and
38 Procurement, on behalf of the Department of Public Works, exercised part of option
39 period 1 of Contract No. CW97797 for the period March 14, 2022 through March 17,
40 2022 in the not-to-exceed amount of $633,600.
41 (e) By Modification No. 3, dated March 17, 2022, the Office of Contracting and
42 Procurement, on behalf of the Department of Public Works, exercised another part of
43 option period 1 of Contract No. CW97797 for the period March 18, 2022 through March
44 24, 2022 in the not-to-exceed amount of $1, I 08,800.
45 (f) By Modification No. 4, dated March 24, 2022, the Office of Contracting and
46 Procurement, on behalf of the Department of Public Works, exercised another part of
47 option period 1 of Contract No. CW97797 for the period March 25, 2022 through March
48 27, 2022 in the not-to-exceed amount of $475,200 .
49 (g) By Modification No. 5, dated March 25, 2022, the Office of Contracting and
50 Procurement, on behalf of the Department of Public Works, exercised the remainder of
51 option period 1 of Contract No . CW97797 for the period March 28, 2022 through April 1,
52 2022 in the not-to-exceed amount of $396,000.
53 (h) By Modification No. 6, dated March 31, 2022, the Office of Contracting and
54 Procurement, on behalf of the Department of Public Works, revised the period of
55 performance of option period 1 of Contract No. CW97797, and revised the not-to-exceed
56 amount awarded under Modification No. 5 to for option period 1 to $237,600, bringing
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57 the total not-to-exceed amount for the period from March 14, 2022 through March 30,
58 2022 to $2,455,200.
59 (i) By Modification No. 7, dated June 30, 2023, the Office of Contracting and
60 Procurement, on behalf of the Department of Public Works, clarified that Modification
61 No. 6 overstated the not-to-exceed amount awarded under Modification No. 5 for option
62 period 1 by $50,000 and administratively corrected the total not-to-exceed amount as
63 $5,674,096, inclusive of interest.
64 U) Council approval is required by section 451 (b) of the District of Columbia
65 Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code§ 1-
66 204.51(b)) since the contract is in excess of $1 million during a 12-month period.
67 (k) Approval on an emergency basis is necessary to allow the timely continuation
68 of these vital services. In addition, wit~out this approval, ABC Towing, Inc. cannot be
69 paid for goods and services provided in excess of $1 million for the contract period
70 February 22, 2022 through March 30, 2022.
71 Sec. 3. The Council determines that the circumstances enumerated in section 2
72 constitute emergency circumstances making it necessary that the Emergency Contract
73 No. CW97797 with ABC Towing, Inc. Approval and Payment Authorization Emergency
74 Act of 2023 be adopted after a single reading.
75 Sec. 4. This resolution shall take effect immediately.
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