COUNCIL OF THE DISTRICT OF COLUMBIA

COMMITTEE OF THE WHOLE

1350 Pennsylvania Avenue, NW

Washington, DC 20004

 

             

TO:                  Nyasha Smith, Secretary to the Council

              

FROM:            Phil Mendelson, Chairman

                                                     

DATE:             December 13, 2018

 

                               

               The following measures are placed on the agenda for the December 18, 2018 Additional Legislative Meeting, at the request of the Mayor:

 

§  Power Line Undergrounding Program Certified Business Enterprise Utilization Emergency Declaration Resolution of 2018

§  Power Line Undergrounding Program Certified Business Enterprise Utilization Emergency Act of 2018

§  Power Line Undergrounding Program Certified Business Enterprise Utilization Temporary Act of 2018

 

               The Council previously approved legislation (D.C. Law 20-102) to authorize certain actions related to the undergrounding of certain power lines within the District.  That legislation established a goal of 100% of the construction contracts for the undergrounding project be awarded to “District businesses” rather than “certified business enterprises” (CBEs).  This provision has created uncertainty about the intent of the goal – whether it is any business in the District or a CBE.  This legislation would clarify that it is the Council’s intent that the goal be for CBE participation.

 

               In addition, the Procurement Practices Reform Act of 2010 (PPRA) generally requires that Architecture/Engineering contracts be awarded to the “highest qualified” firm.  This provision mirrors a Federal law, known as the Brooks Act, which is intended to ensure high-quality Architecture/Engineering (A/E) services for construction projects.  The District’s law does not explicitly provide for CBE preference for certain A/E contracts related to the undergrounding project.  The District Department of Transportation (DDOT) and the Office of Contracting and Procurement (OCP) are preparing significant solicitations related to the undergrounding project.  The limitation on awarding CBE preference points for A/E services is constraining the ability of DDOT and OCP to maximize CBE utilization on the undergrounding project to meet the 100% goal.  The emergency and temporary measures would amend D.C. Law 20-102 to provide that for the undergrounding project, OCP may utilize CBE preference in the award of A/E contracts.

 

Draft