Bill Summary – FastDemocracy

MURIEL BOWSER

    MAYOR

May 30, 2023

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 (D.C. Official Code §

1-204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code

§ 2-352.02), enclosed for consideration and approval by the Council of the District of Columbia

is proposed Multi-year contract CW104839 with Motiv Power Systems, Inc. (Motiv)

Emergency Approval Resolution of 2023,” and accompanying emergency declaration. The

proposed contract is in the $4,694,850 for the period of 24 months from date of the award.

Under the proposed contract, Motiv shall provide 15 Type-A electric school buses according to

the United States Environmental Protection Agency Clean School Bus (CSB) Rebate Program.

As always, my administration is 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 Marc Scott, Chief Operating Officer of the Office of Contracting and

Procurement, at (202) 724-8759

Sincerely,

Muriel Bowser

                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

                                   (Standard and multiyear)

(A) Contract Number:               CW104839

    Proposed Contractor:           Motiv Power System, Inc. (Motiv)

    Contract Amount:               $ 4,694,850

    Unit and Method of Compensation: Firm fixed price per vehicle

    Term of Contract:              24 months from date of the award

    Type of Contract:              Firm fixed price

    Source Selection Method:       Special pilot procurement

(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:         $ 4,694,850

                                There are no 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:

    Motiv shall provide and deliver 15 Type-A electric school buses as part of the United States

    Environmental Protection Agency (EPA) 2022 Clean School Bus (CSB) Rebate Program before the

    delivery deadline of October 31, 2024.

                                                 1

(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:

    It was determined that a special pilot procurement (SPP) of the electric school buses is in the best

    interest of the District to evaluate the effectiveness and impact to student transportation services and

    the District. Market research was performed to vet potential contractors. Of the 11 manufacturers

    that were contacted, five expressed interest in this procurement. The contracting officer met with

    them to discuss requirements and delivery needs, which resulted in the decision to work with the

    two manufacturers who can meet the District’s needs. Motiv Power Systems, Inc. and Phoenix

    Electric Sales are being considered for this SPP due to their experience in vehicle electrification and

    their capability to produce and deliver the school buses within OSSE’s needed timeframe.

    A competitive solicitation was not issued in consideration of the District’s unique need of 25 Type-

    A electric school buses, and the current market capacity to produce and deliver the buses by the

    EPA’s aggressive purchase and delivery deadlines. There were no evaluation criteria or results.

(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:

    No protests were filed related to this contract award.

(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:

    Motiv has adequate financial resources to perform the contract and the ability to obtain those

    resources. The evidence is provided from the contractor’s financial history as reported by the Dun

    and Bradstreet business report obtained on March 20, 2023.

(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:

    The contracting officer reviewed the procurement for Small, Local, and Disadvantaged Business

    Enterprise opportunities. No small-disadvantaged vendors manufacture and sell new electric school

    buses. A full small business enterprise (SBE) subcontracting waiver (WR-4224) of the 35% SBE

    subcontracting requirement was approved on December 9, 2022 by the Department of Small and

    Local Business Development.

                                                    2

(H) Performance standards and the expected outcome of the proposed contract:

    Motiv must deliver 15 Type-A electric school buses that meet all specifications before the EPA’s

    delivery deadline of October 31, 2024.

(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:

    None.

(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 certifies 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.

(K) A certification that the contract is legally sufficient, including whether the proposed

    contractor has any pending legal claims against the District:

    The Office of the Attorney General has reviewed the contract and finds it legally sufficient. Motiv

    does not have any pending legal claims against the District.

(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):

    As of March 20, 2023, Motiv does not owe or is delinquent on any taxes with the Government of

    the District of Columbia.

(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:

    Motiv certified that it is current with its federal taxes by submitting a Bidder/Offeror form.

(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.:

    Motiv is not a District certified business enterprise.

                                                     3

(O) Other aspects of the proposed contract that the Chief Procurement Officer considers

    significant:

    The District was selected as an awardee of the CSB rebate program, in the amount of

    $7,625,000.00, to replace 25 existing school buses with electric buses. To obtain the grant award,

    orders must be placed before July 28, 2023.

    Approval of two multi-year (24-month base period) contracts is being requested to achieve this

    goal: Motiv (15 buses), and Phoenix Electric Sales, Inc (10 buses). A multi-year base period will

    support the time needed to build, electrify, and extensively test/inspect each bus upon receipt –

    which is expected to exceed a typical 12-month period of performance.

(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:

    Motiv is not debarred from providing services to any government entity.

(Q) 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):

    D&F for Special Pilot Procurement was executed on February 14, 2023.

    D&F for Multiyear Contract was executed on February 14, 2023.

    D&F for Price Reasonableness was executed on April 5, 2023.

    D&F for Contractor Responsibility was executed on April 12, 2023.

(R) Where the contract, and any amendments or modifications, if executed, will be made

    available online:

    All contract documents, including modifications, will be available at https://contracts.ocp.dc.gov/.

(S) Where the original solicitation, and any amendments or modifications, will be made available

    online:

    The contract was not solicited.

                                                    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:   March 20, 2023                                               Notice Number: L0009342477

MOTIV POWER SYSTEMS, INC.                                                      FEIN: **-***8892

330 HATCH DR                                                                   Case ID: 1442869

FOSTER CITY CA 94404-1106

                                           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 Melinda Jenkins

     Branch Chief, Collection and Enforcement Administration

    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

 MEMORANDUM

 TO:            George Schutter

                Chief Procurement Officer

                Office of Contracting and Procurement

 THRU:          Tamera Anderson

                Chief Contracting Officer

                Office of Contracting and Procurement

 FROM:          Paris Saunders      ��               ¥    for Paris Saunders

                Agency Interim Fiscal Officer

                Office of the State Superintendent of Education

 DATE:          March 16, 2023

 SUBJECT:       Revision 2 FY 23 Funding Certificate re: School Bus Purchase

 The Office of the Chief Financial Officer of the District of Columbia hereby certifies that the

 sum of $4,694,850 is included in the District's budget and financial plan to fund the

 Environmental Protection Agency's (EPA) 2022 Clean School Bus (CSB) Rebates awarded to

 OSSE-DOT for funding to replace 25 bus(es). These reserved funds will support the purchase of

 fifteen (15) new electric school bus(es).

 The required funding is broken down as follows:

AGY AY Fund         Program Cost   Account Project Task                             Award        AMOUNT

                            Center

GOO    23   3035350 100042  40266 7132001 101130 5.01                               2501062      $4,694,850

 Should you have any questions concerning this funding certificate, please contact

 Ms. Reesha Forney, Budget Analyst at (202) 724-8281.

  S� �                     for Paris Saunders                                           03/21/23

 OCF Agency S · gnature                                                              Date

 Cc: Dr. Christina Grant, State Superintendent, OSSE

     Michael Riley, Director, Division of Student Transportation, OSSE

       1050 First St. NE, 3rd Floor, Washington, DC 20002 • Phone: (202) 727-6436 TIY: 711 • osse.dc.gov

                            GOVERNMENT OF THE DISTRICT OF COLUMBIA

                                   Office of the Attorney General

ATTORNEY GENERAL

BRIAN L. SCHWALB

Commercial Division

MEMORANDUM

TO:               Tommy Wells

                  Director

                  Office of Policy and Legislative Affairs

FROM:             Robert Schildkraut

                  Section Chief

                  Government Contracts Section

DATE:             May 9, 2023

SUBJECT:          Approval of Multiyear Contract Award over One Million Dollars

                  Contractor: Motiv Power Systems, Inc.

                  Contract No.: CW104839

                  Total Not-To-Exceed Amount: $4,694,850

--------------------------------------------------------------------------------------------------------------------

This is to Certify that this Office has reviewed the above-referenced Contract and that we have

found it to be legally sufficient. If you have any questions in this regard, please do not hesitate to

call me at 724-4018.

______________________________

         Robert Schildkraut

           400 6th Street, NW, Suite 79100, Washington, DC 20001 (202) 727-3400 Fax (202) 347-8922

                                                                                             1. Reserved for later use                                   Page of Pages

AWARD/CONTRACT                                                                                                                                            1         56

2. Contract Number                                               3. Effective Date           4. Requisition/Purchase Request/Project No.

CW104839                                                         See Box 20C

5. Issued By:                                                   Code                         6. Administered by (If other than line 5)

Office of Contracting and Procurement                                                        Office of the State Superintendent of Education

1050 First Street, NE, 3rd Floor                                                             1050 First Street, NE, 2nd Floor

Washington, D.C. 20002                                                                       Washington, D.C. 20002

7. Name and Address of Contractor (No. street, city, county, state and Zip                   8. Delivery

Code)                                                                                           FOB Origin          Other

Motiv Power Systems, Inc.                                                                    9. Discount for prompt payment:

330 Hatch Drive

Foster City, CA 94404                                                                        10. Submit invoices to the Address shown in Section G.2

Phone: (703) 657-9639                                                                        (2 copies unless otherwise specified)

Email Address: jamey.prock@motivps.com

11. Ship to/Mark For                                  Code                                   12. Payment will be made by                               Code

13. Remit Address:                                                                           14. Accounting and Appropriation Data

                                                                                                 ENCUMBRANCE CODE:

15A. Item                           15B. Supplies/Services                                     15C. Qty.       15D. Unit          15E. Unit               15F. Amount

                                                                                                                                    Price

0001-0006       Type-A Electric School Bus                                                        15             Each            $312,990.00             $4,694,850.00

                                                                                                              Total Amount of Contract                  $4,694,850.00

                                                                           16. Table of Contents

(X)     Section                    Description                               Page        (X)     Section                    Description                            Page

                            PART I – THE SCHEDULE                                                               PART II – CONTRACT CLAUSES

 X          A        Contract Form                                             1        X              I       Contract Clauses                                    40

 X          B        Supplies or Services & Cost/Price                         2                    PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER

                                                                                                                          ATTACHMENTS

 X          C        Specifications/Work Statement                             4        X             J       List of Attachments                56

 X          D        Packing and Marking                                      25

 X          E        Inspection and Acceptance                                26                       K       Representations, Certifications and Other           N/A

 X          F        Deliveries or Performance                                27                               Statements of Offerors

 X          G        Contract Administration data                             29                       L       Instructions, conditions & notices to               N/A