T/(;4c. Vincent C. Gray Mayor

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1 VINCENT c. GRAY MAYOR The Honorable Phil Mendelson Chairman Council of the District of Columbia John A. Wilson Building 1350 Pennsylvania Avenue, N.W. Suite 504 Washington, D.C Dear Chairman Mendelson: Enclosed for consideration by the Council of the District of Columbia is a proposed legislation, the "Delivery Order No. CW23558 Approval and Payment Authorization Act of 2014" to approve payment to provide fuel at various District locations under Defense Logistics Agency (DLA) Contract No.: SP D-4037 with Truman Arnold Companies. The contractor will provide ultra-low sulfur diesel to various District facilities. The total estimated amount for the four year contract is $553, As always, I am available to discuss any questions you may have regarding the proposed contract. In order to facilitate a response to any questions you may have regarding this proposed contract, please have your staff contact Lauren Stephen, on (202) I look forward to a favorable consideration of this contract. T/(;4c. Vincent C. Gray Mayor Enclosure

2 ~ i :Ph~~ 3 at the request of the Mayor A BILL 9 IO IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To approve, a District multiyear Delivery Order No. CW23558 under federal Contract 19 No. SP D-4037 to provide and deliver fuel to various District sites and to 20 authorize payment for the goods and services received and to be received under 21 that delivery order BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, 25 That this act may be cited as the "District Multiyear Delivery Order No. CW23558 under 26 Federal Contract No. SP D-4037 Approval and Payment Authorization Act of ". 28 Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act, 29 approved December 24, 1973 (87 Stat. 803; D.C. Official Code ), and 30 notwithstanding the requirements of section 202 of the Procurement Practices Reform 31 Act of2010, effective April 8, 2011 (D.C. Law ; D.C. Official Code ), 32 District multiyear Delivery Order No. CW23558 to provide and deliver fuel to various 33 District sites under Federal Contract No. SP D-4037 with Truman Arnold 34 Companies, is approved and payment in the estimated amount of $553, is 35 authorized for services received and to be received under that delivery order.

3 Sec. 3. The Council adopts the fiscal impact statement provided by the Chief 2 Financial Officer as the fiscal impact statement required by section 602(c)(3) of the 3 District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. 4 Official Code ( c )(3)). 5 Sec. 4. This act shall take effect following approval by the Mayor (or in the 6 event of veto by the Mayor, action by the Council to override the veto), and shall remain 7 in effect for no longer than 90 days, as provided for acts of the Council of the District of 8 Columbia in section 412(a) of the District of Columbia Home Rule Act, approved 9 December24, 1973 (87 Stat. 788; D.C. Official Code l (a)).

4 GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of Contracting and Procurement -* * * Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law ; D.C. Official Code l(c)), the following contract summary is provided: COUNCIL CONTRACT SUMMARY (A) The contract number, proposed contractor, contract amount, unit and method of compensation, contract term, and type of contract: Contract Number: District Delivery Order Number: Contractor: Contract Amount: Unit and Method of Compensation: Term of Contract: SP D-4037 CW23558 Trwnan Arnold Companies $553, (Estimate for 4 years) Unit Price per Gallon 8/8/13-7/31/17 Type of Contract: Requirements Type with Fixed Unit Prices and Economic Price Adjustment. (B) The goods or services to be provided, the methods of delivering goods or services, and any significant program changes reflected in the proposed contract: The Department of General Services (DGS) is responsible for coordinating the fuel orders for various District agencies, including the D.C. Fire Department, Metropolitan Police Department and the Department of Public Works. The proposed Delivery Order will provide funding for the purchase and delivery of red dyed USLD to District of Columbia Government agencies located throughout the metropolitan area from the contractor, through a contract awarded by the Defense Logistics Agency (DLA).

5 Failure to provide red dyed, will adversely impact the daily operations of the District agencies, thereby creating an immediate threat to the public health, welfare and safety of the residents and employees of those government facilities. (C) The selection process, including the number of offerors, the evaluation criteria, and the evaluation results, including the price and technical components: A listing of requirements by storage tank location, type of fuel and nwnber and size of tanks was provided to the prospective offerors in the DLA solicitation and included in the DLA contract as the District's requirements. DLA determined source selection for this commercial item using a low priced, technically acceptable evaluation. (D) The background and qualifications of the proposed contractor, including its organization, fmancial stability, personnel, and prior performance on contracts with the District government: Trwnan Arnold Companies is a full-service fuel company. Their business encompasses all areas of fuel delivery and service, from heating and air-conditioning service and installation to commercial fleet fueling. (E) Performance standards and the expected outcome of the proposed contract: The Contractor is required to make delivery at the designated site within forty-eight hours after receipt of a call for requesting delivery. The Contractor shall deliver fuel on an as needed basis. (F) A certification that the proposed contract is within the appropriated budget authority for the agency for the fiscal year and is consistent with the fmancial plan and budget adopted in accordance with D.C. Official Code and : The Office of Finance and Resource Management (OFRM) certified the availability of funding to cover the purchases of fuel for FYl 3. Funding for the remaining years is subject to appropriation for those fiscal years. (G) A certification that the proposed contract is legally sufficient, including whether the proposed contractor has any currently pending legal claims against the District: The proposed contract action has been determined to be legally sufficient by the Office of the Attorney General. (H) A certification that the proposed contractor is current with its District and federal taxes or has worked out and is current with a payment schedule approved by the District or federal government: The Contractor is in compliance with both the filing requirements of the Department of Employment Services and the Office of Tax and Revenue. 2

6 (I) The status of the proposed contractor as a certified local, small, or disadvantaged business enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code et seq.): The Contractor is not a certified business enterprise. (J) Other aspects of the proposed contract that the Chief Procurement Officer considers significant: None (K) A statement indicating whether the proposed contractor is currently debarred from providing services or goods to the District or federal government, the dates of the debarment, and the reasons for debarment: The proposed contractor is not debarred from entering into contractual agreements with either the District or Federal governments. (L) Where the contract, if executed, will be made available online: The contracts are available online on the Federal Business Opportunities website - Notification of issuance of the District's Delivery Order will be available online at the Office of Contracting and Procurement website - 3

7 GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES Office of Unemployment CompensationfTax Division * 1r * REVISED TAX VERIFICATION RESPONSE - DOES CONTRACT SPECIALIST: ROSADENE GILL AGENCY:DPW VENDOR NAME: TRUMAN ARNOLD COMPANIES D.C.DOES SUI ACCOUNT#: FEDERAL ID#: TO BE COMPLETED BY THE DEPARTMENT OF EMPLOYMENT SERVICES TAX DIVISION THE DEPARTMENT OF EMPLOYMENT SERVICES CERTIFIES THAT: r;i The prospective Contractor is "IN COMPLIANCE" with the tax filing and payment requirements L..:J of the District of Columbia Unemployment Tax Laws or is in compliance with an established payment plan. D The prospective Contractor is "NOT IN COMPLIANCE" with the tax filing and payment requirements of the District of Columbia Unemployment Tax Laws. The Contractor may obtain details of the tax deficiency and make arrangements to correct this deficiency by contacting the tax enforcement officer whose name and telephone number follow: Tax Enforcement Officer: Doris Artis Comments Phone#: (202) /19/2014 SIGNATURE UI Tax Officer TITLE DATE (202) TELEPHONE/FAX NUMBER This response/certification is valid for 90 days from the date specified above. A TI: Compliance Officer Office of Unemployment Compensation - Tax Division 4058 Minnesota Avenue, NE, Washington, DC For more information, please go to the DOES Web Site at Tax Verification Response - DOES Page 1 of1 Rev:

8 Office of Tax and Revenue "' Street SW stew600 Collectron Division Washington, DC DISTRICT OF COLUMBIA -*** OFFICE OF TAX AND REVENUE TAXVERIFICATION RESPONSE VENDOR NAME TR=UMAN~-=-=--""ARN=-=O=L=D'-C=-O=MP=... A... NIES'-"'='. EETN: 75: TO BE COMPLETED BY THE OFFICE OF TAX & REVENUE (g] The prospective contractor is in compliance with the filing and payment requirements of the District of Columbia Tax Jaws CW23558 D The prospective contractor/individual is not liable for the tax filing requirements of the District of Columbia. D The prospective contractor is n~t in compliance with the tax filing and payment requirements of the District of Columbia Tax Law. The contractor may obtain details of the tax deficiency and make arrangements to correct this by Contacting the Revenue Officer whose signatlll'e appears below. D The prospective contractor has recently.been registered with the District of Columbia and has not incurred any liabilities so far. D Our records indicate that the prospective.contractor is not registered to do business in the District of Columbia. Please contact the Office of Tax and Revenue, Customer Service Office at (202) to request a form FR-500 (Combined Registration Application) which must be fully completed and submitted to the address indicated on the form Offlce of Tax and Revenue, PO Box 470 Washington, DC ()470 or register online at: lnstructions.jsp. Collections Manager Date 02/20/2014 ('.202) Pita-gaye Marshall Revenue Officer Telephone Number

9 GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF THE CHIEF FINANCIAL OFFICER GOVERNMENT OPERATIONS CLUSTER OFFICE OF FINANCE AND RESOURCE MANAGEMENT *** TO: James Staton Chief Procurement Officer Office of Contracting and Procurement FROM: Curtis Lewis Agency Fiscal Officer Government Operations Clu te DATE: August 14, 2013 SUBJECT: Certification of Funding for Truman Arnold SP D In my capacity as the Agency Fiscal Officer for Fixed Costs for the Department of General Services (the "Department"), I hereby certify that the Department has available in its FY 13 budget $23, for goods and services received from Truman Arnold. The Department has requested $138, in the FY 14 budget for the FY 14 portion of the contract. In addition, the Department will request the following amounts: $138,375.82, $138,375.82, and Sl 15, in FY 15, FY 16, and FY 17 Budget Requests respectively in order to cover the FY 15, FY 16, and FY 17 portions of the contract. Actual appropriation of funds is contingent upon Congressional approval of the FY 14. FY 15, FY 16, and FY 17 Budget Requests. cc: Mohamed Mohamed, Associate Chief Financial Officer Dennis Gill, Director Financial Operations b St, N.W. Suite 890 North* Washington, D.C Phone: (202) * Fax: (202)

10 GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of the Attorney General - *** Procurement Section MEMORANDUM TO: FROM: DATE: SUBJECT: James D. Staton, Jr. Chief Procurement Officer Office of Contracting and Procurement vv. - - Nancy Hapeman ~c.j.l#~ma~ Chief, Procurem:~t-Se~tiel I vr-- Commercial Division February 24, 2014 Retroactive Approval of Multiyear Contract Contractor: Truman Arnold Companies Contract No. SP D-4037 District Delivery Order No. CW23558 Contract Type: Requirements Contract Amount: $553, Description of Retroactive Multiyear Contract On August 8, 2013, the Federal Defense Logistics Agency ("DLA") awarded to Truman Arnold Companies a federal contract (the "Contract"). This Contract allows the District to issue delivery orders for the purchase of fuel up to $553, The Contract is a multiyear contract for the period of August 8, 2013, through August 31, In addition, the District of Columbia, Department of General Services ("DGS") has already placed several orders off of the Contract for approximately $100, The District is now requesting the Council to retroactively approve this multiyear contract. 2. Procurement Process On August 8, 2013, the Federal DLA awarded to Truman Arnold Companies a Contract for the purchase of fuel. The Contract is for the period of August 8, 2013, through August 31, The DOS has already placed several orders off the Contract. Accordingly, the District is requesting retroactive approval of this multiyear contract. 441 Fourth Street, N.W., Suite 700S, Washington, D.C (202) Fax (202) I

11 3. Legal Review By an undated memorandum, received in this Office on February 21, 2014, you requested that this Office review for legal sufficiency the proposed package. We have reviewed and approved the contract package for legal sufficiency. We note that in accordance with D.C. Official Code , the Mayor must submit to the Council for approval these Modifications for over one million dollars. If you have any questions, please contact Assistant Attorney General, Talia Cohen at ProLaw No NH 441 Fourth Street, N.W., Suite 700S, Washington, D.C (202) Fax (202)

12 GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of the Attorney General *** - Procurement Section MEMORANDUM TO: FROM: Lolita S. Alston Director Office of Legislative Support Nancy Hapeman Chief, Procurement Section Commercial Division DATE: February 24, 2014 SUBJECT: Certificate of Legal Sufficiency for Retroactive Approval and Multiyear Contract Delivery of Fuel Services Contract No. SP D-4037 Contractor: Truman Arnold Companies Contract Amount: $553, (PL ) ff~ i.6 la &d.if.tj tfiat this office has reviewed the referenced contract and that we have found it to be legally sufficient. If you have any questions, please do not hesitate to call me at Fourth Street, N.W., Room 700S, Washington, D.C (202) Fax (202)

13 Legal Counsel Division GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF THE A'ITORNEY GENERAL - *** MEMORANDUM TO: FROM: Lolita S. Alston Director Office of Legislative Support Janet M. Robins Deputy Attorney General Legal Counsel Division DATE: February 26, 2014 SUBJECT: Legal Sufficiency Review of the "Delivery Order No. CW23558 Emergency Approval Resolution of 2014" and Accompanying Emergency Declaration Resolution (AE ) This is to Certify that this Office bas reviewed the abovereferenced Emergency Approval Resolution and an accompanying Emergency Declaration Resolution and found them to be legally unobjectionable. If you have any questions in this regard, please do not hesitate to call me at JMR/arh