MURIEL BOWSER
    MAYOR
June 22, 2021
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant to section 451 of the District of Columbia Home Rule Act (DC Official Code  1-
204.51) and the Procurement Practices Reform Act (D.C. Official Code  2-351.01 et seq.),
enclosed for consideration and approval by the Councilofthe District ofColumbia is proposed
contract no. CW85835 with Carter Machinery Company, Inc. The proposed contract has a
minimum contract amount of $2,824,634 and maximum contract amount of $5,706,914 for one
year from dateofthe award.
Under the proposed contract, Carter Machinery Company, Inc. shall provide a minimum of five
and up to a maximumoften Caterpillar wheel loaders to the Departmentof Public Works.
Tam available to discuss any questions you have regarding the proposed contract.
In order to facilitate a response to any questions you may have, please have your staff contact
Mare Scott, ChiefOperating Officer of the Office of Contracting and Procurement, at (202) 724-
8759.
 look forward to the Councils favorable consideration of this contract.
Sincerely,
Murfel Bolser
Enclosure
                GOVERNMENT OF THE DISTRICT OF COLUMBIA
                     Office of Contracting and Procurement
Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code  2-352.02(c), the following contract summary is provided:
                              COUNCIL CONTRACT SUMMARY
(A) Contract Number:                        CW85835
     Proposed Contractor:                   Carter Machinery Company, Inc.
     Contract Amount:                       $2,824,634 (Minimum)
                                            $5,706,914 (Maximum)
                                            (Capital Funding)
     Unit and Method of Compensation: Price per unit
     Term of Contract:                      Date of Award through One Year Thereafter
     Type of Contract:                      Indefinite Delivery  Indefinite Quantity (IDIQ)
     Source Selection Method:               Order against 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:
     This delivery order does not have option periods.
(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:
     The D.C. Department of Public Works requires the contractor to provide a minimum of five and a
     maximum of ten Caterpillar Model 972M wheel loaders.
(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.
                                                  1
     D.C. Code 2-354.11 authorizes the Chief Procurement Officer to participate, sponsor, conduct or
     administer cooperative purchasing agreements for the procurement of goods, services, or
     construction. A determination has been made that purchasing the required wheel loaders through
     the Sourcewell cooperative agreement with Caterpillar, Inc. is in the best interest of the District.
     The Sourcewell agreement is a competitively solicited cooperative contract. The pricing is based
     on large volumes, therefore, the District benefits from the lower prices achieved as a result of the
     economies of scale achieved by these larger volumes. The District intends to award a delivery
     order to Carter Machinery Company, Inc., an authorized distributor of Caterpillar, Inc. for their
     products in the area. The Districts contract administrator provided a satisfactory performance
     evaluation of Carter Machinery Company, Inc. (former Alban Tractor Company) for its past
     contract for two Caterpillar skid steer loaders.
(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:
     The company was officially founded in 1952 and was successful in serving customers in
     southwestern Virginia to meet the increasing activity in infrastructure and coal mining. Since then,
     the company has expanded their sales and service territory in Virginia, Delaware, Maryland and
     Washington, DC. From their initial three stores to a network of over 30 locations and 2,000
     employees today, the company continues to meet the customers changing needs. Based on their
     most recent performance evaluation of contract no. CW83103, the contractor satisfactorily
     provided two Caterpillar skid steel loaders in accordance with the District equipment specifications
     and timeline. Shenandoah County in Virginia also gave the contractor a satisfactory performance
     rating in providing them equipment, services and parts.
(G) 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:
     There is no subcontracting opportunity within this delivery order.
(H) Performance standards and the expected outcome of the proposed contract:
     The contractor shall provide the required Caterpillar wheel loader in accordance with Department
     of Public Works requirements and timeline.
                                                   2
(I)   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:
      As of this date, there is no expenditure of funds by the District.
(J)   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 has certified that there is sufficient funding for the
      proposed contract.
(K) A certification that the contract is legally sufficient, including whether the proposed
    contractor has any pending legal claims against the District:
      The contract action has been determined to be legally sufficient.
(L) 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):
      A certification issued by the Citywide Clean Hands database indicates that the proposed contractor
      is current with its District taxes.
(M) 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:
      The proposed contractor self-certified that they are current with federal taxes.
(N) 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.:
      The contractor is not a certified small, local, or disadvantaged business enterprise.
(O) Other aspects of the proposed contract that the Chief Procurement Officer considers
    significant:
      None
                                                     3
(P) 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 contractor is not debarred or excluded from providing services to the District and federal
      governments.
(Q) Any determination and findings issues relating to the contracts formation, including any
    determination and findings made under D.C. Official Code  2-352.05 (privatization
    contracts):
      Determination & Findings for Use of a Cooperative Agreement
      Determination & Findings for Price Reasonableness
      Determination & Findings for Contractor Responsibility
(R) Where the contract, and any amendments or modifications, if executed, will be made
    available online:
      The contract when executed will be posted on the Office of Contracting and Procurement website
       www.ocp.dc.gov.
(S)   Where the original solicitation, and any amendments or modifications, will be made available
      online:
      Not applicable
                                                 4
                  Government of the District of Columbia
                  Office of the Chief Financial Officer                                                1101 4th Street, SW
                  Office of Tax and Revenue                                                            Washington, DC 20024
Date of Notice:   May 21, 2021                                                 Notice Number: L0005574555
CARTER MACHINERY COMPANY, INC.                                                 FEIN: **-***0559
1330 LYNCHBURG TPKE                                                            Case ID: 827204
SALEM VA 24153-5416
                                           CERTIFICATE OF CLEAN HANDS
    As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
CO
    liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
    Services. As of the date above, the individual/entity has complied with DC Code  47-2862, therefore
    this Certificate of Clean Hands is issued.
               TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
                                 CHAPTER 28 GENERAL LICENSE
             SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
                                    D.C. CODE  47-2862 (2006)
                         PY
                 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
     Authorized By Marc Aronin
     Chief, Collection Division
    To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
    Validate a Certificate of Clean Hands hyperlink under the Clean Hands section.
                         1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
            GOVERNMENT OF THE DISTRICT OF COLUMBIA
                   OFFICE OF THE CHIEF FINANCIAL OFFICER
                                     kkk
                                     ae
                                     al
           FINANCIAL PLAN AND BUDGET CERTIFICATION
CONTRACT NUMBER:                           CW85835
CAPTION:                                   Caterpillar Model 972M Wheel Loader
CONTRACTOR NAME:                           Carter Machinery Company, Inc.
CONTRACT CEILING AMOUNT:                   $5,706,914
AVAILABLE FUNDS:                           $2,824,634
ORGANIZATION CODE:                         KTO
PERIOD OF PERFORMANCE:                     One year from date of award
Thereby certify that the Department of Public Works (DPW) has capital funding in the
amount of $2,824,634 for the purchase of the minimum quantity of five Caterpillar
Model 972M Wheel Loader. The purchase 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  47-392.01 and 47-392.02.
                                                 _9-/7-Zoe]
 erty   FitzpatrighVAFO                           Date
                          GOVERNMENT OF THE DISTRICT OF COLUMBIA
                                 Office of the Attorney General
                                             x**
ATTORNEY GENERAL
KARL A. RACINE
        ~                                   [Pree
Commercial Division
Government Contracts Section
MEMORANDUM
TO:              Ronan Gulstone
                 Director
                 Office of Policy and Legislative Affairs
FROM:            Robert Sel    ikraut
                 Section Chief
                 Government Contracts Section
DATE:            June 14, 2021
SUBJECT:         Approval of Award of Contract for Caterpillar Wheel Loaders
                 Contract Number: CW85835,
                 Contractor: Carter Machinery Company, Ine.
                 Proposed Contract Amount: $2,824,634 (Minimum), $5,706,914 (Maximum).
 Tho is to Certify that wis ostice has reviewed the above-referenced Contract and
that we have found it to be legally sufficient. Ifyou have any questions in this regard, please do
not hesitate to call me at 724-4018.
   2             2
        Robert Schildkraut
   400 6th Street, NW, Suite 79100, Washington, DC 20001 (202) 727-3400 Fax (202)347-8922      1
   GOVERNMENT OF THE DISTRICT OF COLUMBIA
   TASK ORDER/DELIVERY ORDER FOR SERVICES.                                                       1. REQUISITION NUMBER          PAGE
   OFFEROR TO COMPLETE BLOCKS 18 & 29
   2 DEL
       ORDERA
         IVE  GREEMENRY
                      TNO. | 3. AWAROTEFFECTIVE DATE] CONTRACT ROMER                                                               1of8
                                                                                                      "5. SOLICTATIONRONBER | 6, SOLICITA
                                                                       Sourcewell Contract No.
                                                                                                                                          TION SUE DATE
   CW85835                              See 30C below                  032119-CAT with                N/A                       N/A
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      FOR SOLICITATION INFORURTIN| AWE             Caterpillar, Inc.
                                                                           8. TELEPIONE YoGams               3 OFFERDUEDATE
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|janct.concepcion2@de.gov _| Janet C. Concepcion, CPPB                     (202) 671-2328                   NIA
  9. ISSUED BY:                                        70 THS  CQUBITION S|         -DELVE    FORFORRY V5, PAVWNT DRCOURT TERNS
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   15. CONTRACTOR 7 OFFEROR                            16. PAMENT WILL  BEWADEBY!
  Carter Machinery Company, Inc. (Authorized dealer of Officeofthe      Associate Chief Financial Officer
  Caterpillar, Inc.)                                   Government Services Cluster
   1330 Lynchburg Tumnpike                             2000 14* Street, NW, 6" Floor
  Salem, VA 24153                                      Washington, DC 20009
  TBA BONS CODE           158. THON,
  7.DELVERTO:                                          8. ROMINISTERED BY
  Greg Harrelson                                       Departmentof Public Works
  Departmentof Public Works                            Fleet Management Administration
  Flect Management Administration                      1725 15" Street, NE
  1725 15" Street, NE                                  Washington, DC 20002
  Washington, DC 20002
  BA. CHECK F REMITTANCE TS DIFFERENT AND PUT SUCH ADDRESS Wi OFFER                     {18B, SUBMIT INVOICES TO ADDRESS SHOW IN BLOCK 6 UNLESS BLOCK
  o                                                                                      BELOW IS CHECKED
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  TENN.                      SCHEDULEOFSUPPLIES/SERVICES                                 quarry | rr   unr| _unrrBPaice                     t
                                                                                                                                         ANOUNT
    1 | Caterpillar Model 972M Wheel Loader in accordance with Quote no.                      5 | EA| $576,456.00
        4147115-2021 dated February 10, 2021 (Attachment A)                                                                           $2,882,280.00
     2 | 2% Discount forinitial order                                                       1      | LoT|        ($57,646.00)         (6 57,646.00)
  35, ACCOUNTING AND APPROPRIATION DATA                                                              76. TOTAL AWARDwa Gor eo
      ENCUMBRANCE CODE:                                                                              '$2,824,634.00 (Minimum)
 27. CONTRACTOR Is REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE COPY TO THE      35. THE FOLLOWING '$5,706,914.00
 ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR Thi
                                                                                                                    (Maximum)
                                                                                                     DOCUMENTS ARE INCORPORATED BY REFERENCE WTO
 [OTHERWISE                                                                            DELIVERY ORDER  INTHEFOLLOWING PRIORITY: (1)SEE SECTION 13.
 AND CONDITIIDENTIFI
              ONS
                     ED ABOVE AND ON ANY ADDITIONAL PAGES SUBJECT TO THE TERNS
                  SPECIFIE D HEREIN, THIS ORDER I ISSUED SUBJECT TO THE TERMS AND
 CONDITIONSOFTHE CONTRACT IDENTIFIED INBLOCK 4
 DBA, SIGNATURE OF, in a                                                          30K. DISTRICT OF COLUMBIA (SIGNA    OFCONT