E.7_DSLBD_WAIVER_-_DGS_WR-5441.pdf

441 4th Street, NW, Suite 850N Washington, DC 20001 Ph: 202.727.3900 Fax: 202.724.3786 www.dslbd.dc.gov

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07/17/2024 Date Waiver Request Submitted:

Department of General Services (DGS) Agency Administering Contract:

Department of General Services (DGS) Agency Issuing Contract:

0 comment(s) received Comment(s) Received:

Pursuant to D.C. Official Code § 2-218.51, the subcontracting requirements of D.C. Official Code § 2-218.46 may be waived only if there is insufficient market capacity for the goods or services that comprise the project and such lack of capacity leaves the contractor commercially incapable of achieving the subcontracting requirements at a project level. A District of Columbia (“DC” or “District”) agency seeking waiver shall submit to DSLBD a request for waiver, and shall include the following: (1) The number of certified business enterprises (“CBE”), if any, qualified to perform the elements of work that comprise the project; (2) A summary of the market research or outreach conducted to analyze the relevant market; and (3) The consideration given to alternate methods for acquiring the work to be subcontracted to make the work more amenable to being performed by CBEs. A copy of the agency’s request was posted to DSLBD’s website for ten (10) days.

DGS - WR-5441 - Contract No.

DCAM-24-NC-IFB-0004 - City-wide, Third-Party Conveyance/

Elevator System Inspection Services - Base Period

SUBJECT:

ApprovedDETERMINATION:

August 7, 2024DATE:

Matthew Scanlin, Compliance Specialist (DSLBD); , (DSLBD); Aliece Hinton, (DSLBD); Andrea Williams, Legal Advisor (DSLBD); Lorenzo McRae, General Counsel (DSLBD)

CC:

Rosemary Suggs-Evans, Director, Department of Small and Local Business Development (DSLBD)

FROM:

Domonique L. Banks, Contracting Officer, Department of General Services (DGS)

TO:

MEMORANDUM

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It is incumbent upon the contracting agency to ensure efforts are conducted, documented, and presented to DSLBD for all future waiver requests, including documentation of consideration to alternate methods for acquiring CBE participation. Each waiver request will be processed in accordance with D.C. Code sections § 2-218.46 and § 2-218.51; thus, it may take up to twenty (20) days after a waiver request is received by DSLBD, which includes a ten (10) day posting period on its website for public comment, for DSLBD to issue a decision. THIS DECISION IS BASED ON THE ATTACHED CONTRACT/

SOLICITATION; THUS, ANY CHANGE TO THE REQUIREMENTS POTENTIALLY VOIDS

Based on the information provided by DGS and confirmed by DSLBD, this waiver request is approved.

DGS is requesting a waiver of the 35% subcontracting requirement for the Base Period of solicitation DCAM-24-NC-IFB-0004 to provide city-wide third (3rd) party conveyance/elevator system inspection/witnessing services on both an annual and on-call basis for the District’s conveyance/elevator systems located at facilities both owned and operated by the District Government. The scope of work includes, but is not limited to, periodic independent conveyance/elevator system inspections and witnessing and testing as required for the buildings under DGS purview. All services shall be carried out by experienced, licensed, and certified elevator inspectors. Inspectors must possess the necessary qualifications and training to conduct thorough testing and inspection of the conveyance systems as regulated by the District's Department of Buildings (DOB). The awarded contractor must hold a valid license in compliance with the District Code Part F-I Elevator Maintenance § 47–2853.95, which outlines the scope of practice for elevator contractors, elevator mechanics, and elevator inspectors. Furthermore, the Contractor must maintain their status as a licensed and approved 3rd party inspection agency throughout the duration of the contract. This includes remaining listed on DOB's approved list of third-party inspection agencies at all times during the term of this agreement.

DSLBD posted the waiver for 10 days and zero CBEs commented. In addition, market research was conducted utilizing DSLBD's CBE database under NIGP code 9101317 for Elevator Maintenance and Repair Services. This search yielded 1 results. However, the identified CBE is not an authorized third-party inspection agency approved by DOB for elevator inspections, as is required by the proposed contract.

Therefore, due to the requirements of the proposed contract and the demonstrated market incapacity among CBEs authorized by DOB as approved third-party inspection agencies, the contractor is commercially incapable of achieving the subcontracting requirement.

35.00% $348,250.00/ Request to Waive:

$995,000.00 Contract Amount:

N/A Previous DSLBD Determination:

10/01/2024 Projected Award Date:

10/01/2024 - 09/30/2025 Performance Period:

Base Period + Four (4) Option Periods Contract Period:

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For further questions, comments, or concerns, please contact , at or (202) 727-3900.

THIS DECISION AND MUST BE REVIEWED BY DSLBD TO DETERMINE IF

ADJUSTMENTS TO THIS DECISION ARE WARRANTED.