Contract No. CW72868 and Modification No. 1 to Contract No. CW72868 with Genuine Parts Company (dba NAPA Au...
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B 23-0806 — Contract No. CW72868 and Modification No. 1 to Contract No. CW72868 with Genuine Parts Company (dba NAPA Auto Parts or NAPA) Approval and Payment Authorization Emergency Act of 2020
Last action — Act A23-0373 Published in DC Register Vol 67 and Page 9847, Expires on Nov 09, 2020
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Council
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✓To Executive
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5Enacted
This bill has been enacted into law. Introduced June 30, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
37 added · 352 removed37 line(s) added, 352 removed.
MURIELBOWSERENROLLED MAYORORIGINAL June30,2020AN TheACT HonorailMendelson__________ ChairmanIN CouncilofitrctofColumbiaTHE JohnA.WilsonBuildingCOUNCIL 1350PennsylvaniaAvenue,N.W.,Suite504OF Washington,D.C.20004THE DearChairmanMendelson:DISTRICT OF COLUMBIA __________________ To approve, on an emergency basis, Contract No.
EclsedfrcnidrtinandaprvlbytheCunilftheDsrctofColumbsprpoedCW72868 emergenciao,and theCotrctNo.CW72868Modification anoifcainNo.No.
1toonratNo.1 to Contract No.
AthrzainEmergencyctof2020andaccompanylaonAPAeolto",toaprveymentCW72868 CnratNo.CW72868with anddfiatonNo.Genuine Parts Company (dba NAPA Auto Parts or NAPA) to provide operational and logistical management, inventory control, and vehicle parts, and to authorize payment for the goods and services received and to be received under the contract and the modification.
1oCntacto.BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Contract No.
CW72868Cotac",andCW72868 aprvepaymenorgoodsanricsrcevdandtoereevedorpeaioalandgstcland managemennetoycnto,andehcepatsModification CunilatoniseesaytoaprveteCotac,whichthrzesxpnitresnteamountNo. hscrtfedhtfudigisvilbeforFY0.oghAugust50.
TheAgenciclOficr1 Inrdrtofcltaeareposetoanyueton.plaehato eyourtffonatMareContract ot,No. BsiesspeatonsManaget74-79.
Lurgeyootkepromptanvoaleatonrgadngteenlsedeisain.CW72868 with Genuine Parts Company (dba NAPA Auto Parts or NAPA) Approval and Payment Authorization Emergency Act of 2020”.
SitSec. ly, rl Bot Enclosures n e tterequeftheMayorn.
s2. s r A BILL c S i IN THE COUNCIL OF THE DISTRICT OF COLUMBIA Toppov,onanemergebai,CntatNo.CW7286andodfcaiono.1to CntatNo.CW2868wihGeuie atsCmpanydbaNAPAAtoPatsr NAPA)oprvieoertonlad oitclmaagmen,inetoycnro,and beecieduderhecnrc.ayentfrtegodsadsevcsreevedndto BEITENACTEDBY TE COUCIL OFTHEDITRICTOFCOLUMIA, hathsatmaybeitdasheCotacto.CW72868ndMdiiatonN.
1oPursuant onrctN.to section 451 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
W72868wthGnunePrsCompny(daNAPA803; utoPrsorNAA) ppovl ndPymetAuhoiatonEergncyAtof22”.
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urunttoetin41 fteDstitofolubiaHoe ulect, approvDeceer24197(87Sta803D.CfficC oed1-204.and otwithstatherequireosecton202theProcuremPractReform Aof 201effective Apr8,201(D.CLaw18-3D.COfficCode§2-352.02), thCounlapproContraNoCW72868anModificaNo.1tContrNo.
CW7286witGenuiParCompan(dbN A PAutParorNAPA)tprovide prainlandlgsialmanagemenvnoryotol,ndvhcleat ,ad uhoiespaymeinheamouo$1.19ilinfogoosandevieseciedad o bercevdunerCntatNo.CW72868ndodfcaiono.1toonrctN.
CW72868.
ec..
Theoncladpstheiclipatsttmetprvdedbyhehif FiacilOfierstefsalipatsatmetrqurdbyscionaftheGneal LeiltiePocduesAtof175,ppovdOcobr16,006120tt.23;D.C.
OfiilCode§13147).
ec., hiscthl akefetfolwigaprvalytheMayoornthe evntfvetoyteMaor,ctonbyheoucilooerietheeo,andhl emin inffctorologerhn90dys,spovdedormegenyatoftheoucilfte DititofColumbnscton12aoftheititofColumbiaHouleAt, oy approved December 24, 1973 (87 Stat.
788;
Official Code § 1-204.12(a)).1-204.51), and notwithstanding the requirements of section 202 of the Procurement Practices Reform Act of 2010, effective April 8, (D.C.
GOVERNMENTLaw OF18-371; THE DISTRICT OF COLUMBIA Office of Contracting and Procurement Pursuant to section 202(c-1) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c-1), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY (Retroactive) (A) Contract Number:
CW72868 Proposed Contractor:
Genuine Parts Company (dba NAPA Auto Parts or NAPA) Contract Amount:
$1,190,000.00 Unit and Method of Compensation:
Payment shall be based on the completion of work for an individual Purchase Order, based upon fixed hourly rates (labor) and discounted parts.
Term of Contract:
August 6, 2019 – August 5, 2020 Type of Contract:
Requirements Source Selection Method:
Cooperative Agreement (B) For a contract containing option periods, the contract amount for the base period and for each option period.
If the contract amount for one or more of the option periods differs from the amount for the base period, provide an explanation of the reason for the difference:
Base Period Amount:
$1,190,000.00 Option Period 1 Amount:
$1,190,000.00 Explanation of difference from base period (if applicable):
N/A Option Period 2 Amount:
$1,190,000.00 Explanation of difference from base period (if applicable):
N/A Option Period 3 Amount:
Show all 187 changed lines (147 more)
$1,190,000.00 Explanation of difference from base period (if applicable):
N/A Option Period 4 Amount:
$1,190,000.00 Explanation of difference from base period (if applicable):
N/A (C) The goods or services to be provided, the methods of delivering goods or services, and any significant program changes reflected in the proposed contract:
NAPA provides operational and logistical management, inventory control and vehicle parts to the D.C.
Fire and Emergency Medical Services Department’s (FEMS) Fleet/Apparatus Division.
Additional services include overseeing personnel and the pick-up and delivery of needed or non-stocked parts.
There have been no significant changes to the Task Order.
(D) The selection process, including the number of offerors, the evaluation criteria, and the evaluation results, including price, technical or quality, and past performance components:
The District entered into a cooperative agreement with NAPA.
(E) A description of any bid protest related to the award of the contract, including whether the protest was resolved through litigation, withdrawal of the protest by the protestor, or voluntary corrective action by the District.
Include the identity of the protestor, the grounds alleged in the protest, and any deficiencies identified by the District as a result of the protest:
None.
(F) The background and qualifications of the proposed contractor, including its organization, financial stability, personnel, and performance on past or current government or private sector contracts with requirements similar to those of the proposed contract:
NAPA distributes automotive replacement parts for heavy duty equipment, trucks and buses, and other vehicles for fleet operations, truck and automotive dealers, bus/truck lines, repair shops, and other vehicle-related companies.
Presently, NAPA employs approximately 50,000 employees.
Following a review of a Dun & Bradstreet report dated April 16, 2020, NAPA has adequate financial resources, solvency and financial reserves to perform the services and provide the products required under the Task Order.
According to the Performance rating, NAPA receives a 71 score under the D&B Paydex rating, with an extremely low (1) risk rating.
NAPA has complied with the required or proposed delivery or performance schedule, based upon the bidder’s or offeror’s existing commercial and government contract commitment.
Additionally, NAPA has a satisfactory performance record, based upon the Contract Administrator’s evaluation report dated April 16, 2020.
(G) The period of performance associated with the proposed change, including date as of which the proposed change is to be made effective:
The base contract was awarded for the period was awarded for the period of August 6, 2019, through August 5, 2020.
Proposed Modification No.
0001 will be effective from the date of issuance through August 5, 2020.
(H) The value of any work or services performed pursuant to a proposed change for which the Council has not provided approval, disaggregated by each proposed change if more than one proposed change has been aggregated for Council review:
Contract Base Period:
Not to Exceed $950,000.
Proposed Modification No.
0001:
Not to Exceed $240,000.
(I) The aggregate dollar value of the proposed changes as compared with the amount of the contract as awarded:
$1,190,000.00.
(J) The date on which the contracting officer was notified of the proposed change:
March 10, 2020 (K) The reason why the proposed change was sent to Council for approval after it is intended to take effect:
The base period of the contract did not require Council review, as funding did not exceed one million dollars.
Council review is now required because the total amount of the base period and proposed Modification No.
0001 will exceed one million dollars.
(L) The reason for the proposed change:
The proposed Modification No.
0001, which will increase the base period to over one million dollars, is necessary so that FEMS can continue to obtain the necessary parts for the maintenance and repair of the FEMS fleet, including ambulances and fire apparatus.
(M) The legal, regulatory, or contractual authority for the proposed change:
Official Code §§§ 2-354.11;2-352.02), the Council approves Contract No.
27 DCMR § 36 (N) A summary of the subcontracting plan required under section 2346 of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended, D.C.
Official Code § 2-218.01 et seq.
(“Act”), including a certification that the subcontracting plan meets the minimum requirements of the Act and the dollar volume of the portion of the contract to be subcontracted, expressed both in total dollars and as a percentage of the total contract amount:
Not Applicable:
(O) Performance standards and the expected outcome of the proposed contract:
This is a requirements contract, with NAPA expected to continue to meet all of the performance requirements listed in the contract, to include:
a.
Maintain sufficient inventory to be able to provide at least 85% of the requested parts and other items at the time of the request, with 10% of requested parts and items made available within 72 hours of the request for such parts or items.
b.
Provide sufficient personnel to manage day-to-day operations, who will manage inventory;
procure all stock and non-stock items;
provide weekly reports;
answer phone calls;
and provide additional responsibilities needed to run an efficient and effective parts operation.
c.
Pick-up and delivery service for needed or non-stocked parts.
d.
Maintain a computer system, compatible with the FEMS computer system.
e.
Maintain warranty records of items sold to FEMS and issue any credits, when applicable.
(P) The amount and date of any expenditure of funds by the District pursuant to the contract prior to its submission to the Council for approval:
The contract was executed on August 6, 2019, with a not-to-exceed amount of $950,000.
(Q) A certification 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 Office of the Chief Financial Officer certifies that sufficient funding is available for the contract.
(R) A certification that the contract is legally sufficient, including whether the proposed contractor has any pending legal claims against the District:
The District’s Office of the Attorney General has determined that the proposed contract between the District and NAPA is legally sufficient.
OCP is not aware of NAPA having any pending legal claim(s) against the District.
(S) A certification 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):
Per the citywide Clean Hands database, issued April 21, 2020, NAPA is current with paying District taxes.
(T) A certification from the proposed contractor that it is current with its federal taxes, or has worked out and is current with a payment schedule approved by the federal government:
Letter from NAPA attesting that the company is current with paying all corporate taxes was forwarded to OCP on May 22, 2020.
(U) 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 of 2005, as amended, D.C.
Official Code § 2-218.01 et seq.:
NAPA is not a certified local, small, or disadvantaged business enterprise.
(V) Other aspects of the proposed contract that the Chief Procurement Officer considers significant:
Not Applicable.
(W) 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:
NAPA is not debarred from providing services or goods to the District or federal government.
(X) Any determination and findings issues relating to the contract’s formation, including any determination and findings made under D.C.
Official Code § 2-352.05 (privatization contracts):
Not Applicable.
(Y) Where the contract, and any amendments or modifications, if executed, will be made available online:
ocp.dc.gov (Z) Where the original solicitation, and any amendments or modifications, will be made available online:
Not Applicable.
GovernfthitctfColumbia m m m * OfcetheifiaclOfer 114 et,SW ( m m m OfcefTaxandRevenue Wsigo,DC20024 Dateoie:
Arl2,2020 NoticeNumber:
10004038997 120INTERSTATENW PKWY ATLANTA GA 30339 AstpotdinheCeanHandyse,theboereernedidvdulettyhsnoottadng laiiywthteDsrctofColumbficefTaxndRevenurteDearmetofEmployment Services.
As ofthe date above, the individual/entity has complied with DC Code § 47-2862, therefore thisCertificate ofClean Hands isissued.
TITLE 47.
TAXATION, LICENSING, PERMITS, ASSESSMENTS, A N D FEES SUBCHAPTER II.CLEAN H A NDS BEFORE RECEIVING A LICENSE OR PERMIT D.C.
CODE §47-2862 (2006) §47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE O R PERMIT | Authorized By Mare Aronin Chief, Collection Division Toaldtehscriiae,leseiitMyTax.DC.govheMyTaxhomepagik“CeanHands” adthnte“VldaeaCrifctefClanHandsyprik.
101hSetSWuteW270,Was,204Poe:0)2-08MTxDgv GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF THE ASSOCIATE CHIEF FINANCIAL OFFICER PUBLIC SAFETY & JUSTICE CLUSTER MEMORANDUM TO:
George A.
Schutter, Chief Procurement Officer Office of Contracting and Procurement FROM:
David Garner, Associate Chief Financial Officer Public Safety and Justice Cluster DATE:
April 30, 2020 SUBJECT:
Certification of Funding Availability for Genuine Parts Company NAPA - Automotive Parts and Provisions (CW72868) The Office of the Chief Financial Officer (OCFO) certifies available funding in the Fire and Emergency Medical Services Department (FEMS) in the amount of $250,000 for the purchase of automotive parts and services.
Funding for Fiscal Year 2020 in the amount of $940,000 has been encumbered in PASS (PO613181).
The total budget for the contract is $1,190,000.
The agency received an approved waiver for the additional $250,000 associated with this contract.
Continued funding to support the contract in FY 2021 is contingent upon an approved budget.
Future orders above the available funding are contingent upon the identification of additional funding.
If you have any questions concerning this certification, please contact Frehiwot Deresso, Agency Fiscal Officer, at (202) 673-3343 or the Patrice Mason, Budget Officer, at (202) 673-3372.
th 4 Street, S.W.
• SUITE 730E • WASHINGTON, D.C.
20024 N Street, N.E., 6th Floor, Washington, D.C.
20002 Telephone:
(202) 442-5955 Facsimile:
(202) 535-2881 GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of the Attorney General Legal Counsel Division MEMORANDUM TO:
Ronan Gulstone Executive Director Office of Policy and Legislative Affairs FROM:
Brian K.
Flowers Deputy Attorney General Legal Counsel Division DATE:
June 22, 2020 SUBJECT:
Legal Sufficiency Review of the “Contract No.
CW72868 with Genuine Parts Company (dba NAPA Auto Parts or NAPA) Approvalto andprovide Paymentoperational Authorizationand Emergencylogistical Actmanagement, ofinventory 2020”control, and thevehicle Accompanyingparts Emergencyand Declarationauthorizes Resolutionpayment (AE-20-431)in ________________________________________________________________________the Thisamount isof to$1.19 Certifymillion thatfor this Office has reviewed the above-goods referenced bill and resolutionservices received and thatto webe havereceived foundunder themthe tocontract beand legallythe sufficient.modification.
IfSec. you have any questions in this regard, please do not hesitate to call me at 724-5524.
_________________________________3. Brian K.
FlowersFiscal ______________________________________________________________________________impact Pennsylvaniastatement. Avenue, N.W., Suite 409, Washington, D.C.
20004The (202)Council 724-5524adopts (phone)the (202)fiscal 724-6160(fax)impact GOVstatement ERNMENTof OFthe THEDISTRICTOFChief COLUMBIA.Financial Officer as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat.
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Show all 187 changed rows (147 more)
View plain text versions (2)
- Enrolled Enrollment Current pdf
- Introduced Introduction pdf
Action History
-
Act A23-0373 Published in DC Register Vol 67 and Page 9847, Expires on Nov 09, 2020
-
Returned from Mayor
-
Signed by the Mayor and Enacted with Act Number A23-0373, Expires on Nov 09, 2020
-
Transmitted to Mayor, Response Due on Aug 13, 2020
-
Final Reading, CC
-
Retained by the Council with comments from the Committee on Judiciary and Public Safety
-
B23-0806 Introduced by Chairman Mendelson at Office of the Secretary
Sponsors
- Phil Mendelson · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 13 not signed on
Sponsors (1)
Co-sponsors (0)
None.
"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors B 23-0806?
- B 23-0806 is sponsored by Phil Mendelson.
- What is the current status of B 23-0806?
- This bill has been enacted into law. Introduced June 30, 2020. Enacted.
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