MURIEL BOWSER
    MAYOR
 June 29, 2023
 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 (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
 Contract No. DCKA-2023-C-0019 with Capitol Paving of DC, Inc. in the not-to-exceed amount
 of $7,668,087.60. The period of performance is 550 consecutive calendar days from the notice to
 proceed.
 Under the proposed contract, Capitol Paving of DC, Inc. shall provide all labor, materials, and
 equipment for the civil construction of feeder 15166 for the DC Power Line Undergrounding
 Program as shown on the plans, as indicated in the specifications and special provisions, and as
 directed by the
 My administration is available to discuss any questions you may 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, Office of Contracting and Procurement, at (202)
 724-8759.
 I look forward to the C        favorable consideration of this contract. Sincerely,
 Muriel Bowser
 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
                                        (Multiyear)
(A) Contract Number:                        DCKA-2023-C-0019
    Proposed Contractor:                    Capitol Paving of DC, Inc.
    Contract Amount:                        Not-to-Exceed (NTE) $7,668,087.60 Local Capital Funds
    Unit and Method of Compensation:        Fixed Unit Prices
    Term of Contract:                       550 Consecutive Calendar Days from Date of the Notice to
                                            Proceed
    Type of Contract:                       Fixed Unit Price with a NTE Amount
    Source Selection Method:                Competitive Sealed Bidding/Invitation for Bid (IFB)
(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:
    Not Applicable
(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 contractor shall provide all labor, material and equipment to construct feeder 15166 for the DC
    Power Line Undergrounding (DC PLUG) Program as shown on the plans and as directed by the
    engineer.
(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
    The IFB was advertised on January 25, 2023, using set aside certified business enterprise (CBE).
    Two bids were received by the due date. After bid tabulation, the applicable certified business
    enterprise (CBE) preference point reductions were applied resulting in the total evaluated price.
    Capitol Paving of DC, Inc. (Capitol Paving) was determined to be the lowest responsive and
    responsible bidder.
(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:
    Capitol Paving is a leading utility and infrastructure firm that has been in business for nearly 35
    years. Capitol Paving offers construction services in a variety of markets including bridges, dry and
    wet utilities, and green infrastructure. In addition, Capitol Paving has a significant presence in the
    District of Columbia and neighboring states. Capitol Paving also has a record of satisfactory
    performance on previous District Department of Transportation (DDOT) projects.
(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 proposed contractor is a certified business enterprise and will not subcontract any work.
(H) Performance standards and the expected outcome of the proposed contract:
    At the direction of the DDOT contract administrator, the awardee will perform the required
    construction services related to DC PLUG feeder 15166 in accordance with the terms of the
    contract.
(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
                                                    2
(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:
    On May 10, 2023 the Agency Fiscal Officer certified that the available amount of
    $7,668,087.60 is consistent with the applicable financial plan.
(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 and approved the proposed contract for legal
    sufficiency. The proposed contractor has no 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
    awardee 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):
    The contractor is current with its District taxes per the Clean Hands certification dated April 25, 2023.
(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 is current with its federal taxes per the System for Award Management
    validation performed May 1, 2023.
(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.:
    Capitol Paving is a CBE.
(O) Other aspects of the proposed contract that the Chief Procurement Officer considers
    significant:
    None
(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:
                                                     3
    The proposed contractor is not debarred or an excluded party on the District or Federal
    listings per the validations dated May 1, 2023.
(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):
    Determination and Findings for Price Reasonableness
    Determination and Findings for Contractor Responsibility
(R) Where the contract, and any amendments or modifications, if executed, will be made
    available online:
    OCP.DC.GOV
(S) Where the original solicitation, and any amendments or modifications, will be made available
    online:
    OCP.DC.GOV
                                                   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:   April 25, 2023                                               Notice Number: L0009438711
CAPITOL PAVING OF DC INC                                                       FEIN: **-***3117
2211 CHANNING ST NE                                                            Case ID: 1499471
WASHINGTON DC 20018-2127
                                           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
                      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:             June 9, 2023
SUBJECT:          Approval of Contract Award over One Million Dollars using local capital
                  funds
                  The District of Columbia Power Line Undergrounding (DC PLUG) Feeder
                  15166
                  Contractor: Capitol Paving of DC, Inc.
                  Contract No.: DCKA-2023-C-0019
                  Total Not to Exceed Amount: $7,668,087.60
---------------------------------------------------------------------------------------------------------------------
This is to Certify that this Office has reviewed the above-referenced Contract and that we have
found it to be legally sufficient. We have reviewed and approved the current contract package for
legal sufficiency.
If you have any questions in this regard, please do not hesitate to call me at (202) 724-4018.
______________________________
         Robert Schildkraut
                  400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400
                              GOVERNMENT OF THE DISTRICT OF COLUMBIA
                                   OFFICE OF THE CHIEF FINANCIAL OFFICER
Government Services Cluster
                               FINANCIAL PLAN AND BUDGET CERTIFICATION
Contract No.:                            DCKA-2023-B-0019
Contract Name:                           District of Columbia Power Undergrounding (DC PLUG)
                                         Feeder 15166
Contractor:                              Capitol Paving of D.C., Inc.
Contract Ceiling Amount:                 $7,668,087.60
Available Amount                         $7,668,087.60
==============================================================================
I, Calvin Skinner, Agency Fiscal Officer, OCFO, hereby certify that the amount of $7,668,087.60 is
available for the above referenced contract. The service is within the appropriate budget
authority for the agency for FY 2023 and is consistent with the applicable approved financial plan
and budget. Future orders above the available funding are contingent upon the identification of
additional funding.
____________________________________                                       _________________
Calvin Skinner                                                             Date
Agency Fiscal Officer, OCFO
              250 M Street, S.E., Washington, DC 20003 Telephone: (202) 671-2300
                  GOVERNMENT OF THE DISTRICT OF COLUMBIA
                         Office of the Attorney General
ATTORNEY GENERAL
BRIAN L. SCHWALB
Commercial Division
MEMORANDUM
TO:               Nancy Hapeman
                  Interim Chief Procurement Officer
                  Office of Contracting and Procurement
FROM:             Robert Schildkraut
                  Section Chief
                  Government Contracts Section
DATE:             June 9, 2023
SUBJECT:          Approval of Contract Award over One Million Dollars using local
                  capital funds
                  The District of Columbia Power Line Undergrounding (DC PLUG)
                  Feeder 15166
                  Contractor: Capitol Paving of DC, Inc.
                  Contract No.: DCKA-2023-C-0019
                  Total Not to Exceed Amount: $7,668,087.60
------------------------------------------------------------------------------------------------------------
     1. Description of proposed contract
The District of Columbia, District Department of Transportation (DDOT) proposes to enter
into a Contract No. DCKA-2023-C-0019 with Capitol Paving of DC, Inc. (Capitol Paving)
with a period of performance of 550 consecutive calendar days from the notice to proceed
date using local capital funds. According to the proposed contract, Capitol Paving will
provide civil infrastructure construction for the District of Columbia Power Line
Undergrounding DC Plug Feeder 15166.
2.       Procurement Process
The IFB was advertised on January 25, 2023, for a set aside certified business enterprise
(CBE). Two bids were received by the due date. Capitol Paving was determined to be the
lowest responsive and responsible bidder. By proposed contract, Capitol Paving shall
        400 Sixth Street, N.W., Washington, D.C. 20001 (202) 727-3400 Fax (202) 741-5228
                         1
provide all labor, material, and equipment to construct feeder 15166 for the DC PLUG
program with a not to exceed amount of $7,668,087.60 and a period of performance of
550 consecutive calendar days from the notice to proceed date.
3.     Legal Review
By memorandum received on May 25, 2023, you requested that this Office review for
legal sufficiency of proposed Contract No. DCKA-2023-C-0019. After providing rounds
of comments and reviewing the revisions received by this Office, we find the revised
proposed contract to be legally sufficient.
We note that, in accordance with D.C. Official Code §2-352.02, the Mayor must submit
to the Council for approval this contract for over one million dollars.
If you have any questions, please contact Tamar Glazer, Assistant Attorney General at
tamar.glazer@dc.gov.
                                                 RSS
      400 Sixth Street, N.W., Washington, D.C. 20001 (202) 727-3400 Fax (202) 741-5228
                       2
                                                                             1. Caption                                                                 Page of Pages
A.     SOLICITATION, OFFER, AND AWARD
                                                                             District of Columbia Power Line Undergrounding (DC
                                                                             Plug) Feeder 15166
                                                                                                                                                            1 of    55
2. Contract Number                         3. Solicitation Number                                                              5. Date
                                                                             4. Type of Solicitation                           Issued             6. Type of Market
                                                                                X       Sealed Bid (IFB)                                                Open
  DCKA-2023-C-0019                                                                      Sealed Proposals (RFP)                                   X      Set Aside
                                                DCKA-2023-B-0019                        Sole Source                                                     Open with Sub-
                                                                                                                                                        Contracting Set
                                                                                           Human Care Agreements                                        Aside
                                                                                           Emergency
7. Issued By:                                                                                  8. Address Offer to:
District Department of Transportation Office of                                                Department of Transportation
Contracting and Procurement 55 M Street, SE –                                                  Office of Contracting and Procurement 250 M
Suite 700                                                                                      Street, SE Suite 700
Washington, DC 20003                                                                           Washington, DC 20003
NOTE: In sealed bid solicitations "offer" and offeror" means "bid" and "bidder"
                                                                         SOLICITATION
CAUTION: Late Submissions, Modifications and Withdrawals: See 27 DCMR chapters 15 & 16 as applicable. All offers are subject to all terms &
conditions contained in this solicitation.
                                          A. Name                                                         B. Telephone                              C. E-mail Address
10. For Information Contact:        District of Columbia Power Line                         (Area Code)               (Number)           (Ext)
                                    Undergrounding (DC Plug) Feeder 15166                                                                        Rickie.spivey@dc.gov