5923807 Resolution 21-423, Exercise of Option Year 2 of Contract No. DCAM-14-CS-0001B Approval and Payment Authorization Emergency Declaration Resolution of 2016

A RESOLUTION

                                                        

21-423

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

March 1, 2016        

 

                                                                                                                                             

To declare the existence of an emergency with respect to the need to approve the exercise of Option Year 2 of Contract No. DCAM-14-CS-0001B with Broughton Construction Company, LLC, for District of Columbia Public Schools and Department of Parks and Recreation small construction projects and to authorize payment for services received and to be received under Option Year 2 of the contract.

 

            RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Exercise of Option Year 2 of Contract No. DCAM-14-CS-0001B Approval and Payment Authorization Emergency Declaration Resolution of 2016”.

 

            Sec. 2.(a)  There exists an immediate need to approve the exercise of Option Year 2 of Contract No. DCAM-14-CS-0001B, the Amended and Restated Basic Ordering Agreement Fiscal Year 2014 DCPS and DPR Small Construction Projects. 

            (b) The Initial Contract with Broughton Construction Company, LLC was approved by the Council (D.C. Act 20-403), with terms and conditions that were amended and restated, resulting in the issuance of the Amended and Restated Basic Ordering Agreement Fiscal Year 2014 DCPS and DPR Small Construction Projects (“Contract”) with an established not-to-exceed value of $10 million and 2 one-year options to extend the term of the contract. All work, under the Contract was awarded and released through individual project task orders, based on a competitive bidding process, as set forth in section 1.2 of the Contract. Task orders may be issued up to the maximum not-to-exceed amount of $10 million, which could cause the aggregate not-to-exceed value of the Contract, after Council’s approval of the Contract, to exceed the $1 million threshold provided in section 451 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51). 

(c)  The base year of the Contract ended on September 30, 2014.  Option Year 1 of the Contract was exercised, in part, in mid-October 2014 through a bilateral letter agreement.  Subsequently, the Council approved the full exercise of Option Year 1 (CA20-0510), the first of the 2 one-year options, to extend the term of the contract for Fiscal Year 2015, and Option Year 1 was bilaterally exercised by the parties notwithstanding the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-352.01 et seq.)  Option Year 1 of the Contract maintained the same structure and terms, and established a $10 million not-to-exceed value.  Because task orders could have been issued up to $10,000,000, the aggregate could have exceeded the $1 million threshold and required Council approval.  

(d) In Fiscal Year 2016, the Department of General Services partially exercised Option Year 2, bilaterally, with a not-to-exceed amount of $975,000. Council approval is now required for the full exercise of Option Year 2 of the Amended and Restated Basic Ordering Agreement for Fiscal Year 2014 DCPS and DPR Small Construction Projects, to extend the term of the contract through Fiscal Year 2016.  The terms and conditions of the contract have not changed, and the not-to-exceed value of Option Year 2 would be increased to $10 million.  The full exercise of Option Year 2 is bilateral.

 

            Sec. 3.  The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Exercise of Option Year 2 of Contract No. DCAM-14-CS-0001B Approval and Payment Authorization Act of 2016 be adopted after a single reading.

 

            Sec. 4.  This resolution shall take effect immediately.