6116061 Resolution 21-546, Exercise of Option Year 1 via Change Order No. 004 to Contract No. DCAM-14-NC-0133D Approval and Payment Authorization Emergency Act of 2016

A RESOLUTION

                                                        

21-546

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

June 28, 2016        

 

                                                                                                                                             

To declare the existence of an emergency with respect to the need to approve the exercise of Option Year 1 via Change Order No. 004 to Contract No. DCAM-14-NC-0133D with W.L. Gary Company, Inc. for HVAC capital improvement services, and authorize payment in the not-to-exceed amount of $5 million for the goods and service received and to be received under the contract.

 

            RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the "Exercise of Option Year 1 via Change Order No. 004 to Contract No. DCAM-14-NC-0133D Approval and Payment Authorization Emergency Act of 2016".

 

            Sec. 2. (a) There exists an immediate need to approve the exercise of Option Year 1 via Change Order No. 004 to Contract No. DCAM-14-NC-0133D with W.L. Gary Company, Inc. for HVAC capital improvement services, and authorize payment in the not-to-exceed amount of $5 million for the goods and service received and to be received under the contract.

            (b) The initial contract with W.L. Gary Company, Inc. was approved by the Council (CA20-0499) ("Contract") with an established not-to-exceed value of $3 million and 2 one-year options to extend the term of the Contract. In Fiscal Year 2015, 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 could be issued up to the maximum not-to-exceed amount of $3 million.

            (c) The base year of the Contract ended on September 30, 2015.   In Fiscal Year 2016, the Department of General Services partially exercised Option Year 1, bilaterally, with a  not-to-exceed amount of $0. Council approval is now required for the full exercise of Option Year 1 to extend the term of the contract through the end of Fiscal Year 2016, pursuant to section 451 of the District of Columbia Home Rule Act, approved  December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51), and notwithstanding the requirements of section 202 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-352.02).  The terms and conditions of the Contract have not changed, and the not-to-exceed value of Option Year 1 would be increased to $5 million.  The full exercise of Option Year 1 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 1 via Change Order No. 004 to Contract No. DCAM-14-NC-0133D Approval and Payment Authorization Emergency Act of 2016 be adopted after a single reading.

 

            Sec. 4. This resolution shall take effect immediately.