MURIEL BOWSER
MAYOR
June 30, 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
Modification No. M0001 to Contract No. CW100972 with Mark43, Inc. to exercise option year one
in the amount of $1,251,845.23. The period of performance is from August 3, 2023 through August
2, 2024.
Under the proposed modification, Mark43, Inc. shall continue providing the Metropolitan Police
Department with its proprietary SaaS RMS license, maintenance, and support for record
management software.
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.
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
(Standard and multiyear)
(A) Contract Number: CW100972 - Modification M0001
Proposed Contractor: Mark43, Inc.
Contract Amount (Option Year One): $1,251,845.23
Term of Contract: August 3, 2023, through August 2, 2024
(Option Period One)
Unit and Method of Compensation: Fixed Price
Type of Contract: Firm Fixed Price
Source Selection Method: Exempt from Competition
(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: $995,000
Option Period One Amount: $1,251,845.23
Explanation of difference from base period (if applicable):
There is an increase in the number of licenses in option period one.
Option Period Two Amount: $1,314,437.49
Explanation of difference from base period (if applicable):
There is an increase in the number of licenses in option period two.
Option Period Three Amount: $1,380,159.36
Explanation of difference from base period (if applicable):
There is an increase in the number of licenses in option period three.
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 Option Period Four Amount: $1,449,167.33
Explanation of difference from base period (if applicable):
There is an increase in the number of licenses in option period four.
(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:
Mark43, Inc. shall provide SaaS RMS licenses and maintenance & support services for records
management system software and related systems for the Metropolitan Police Department (MPD).
(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:
MPD has a continuous need for Mark43, Inc. SaaS RMS licenses and maintenance & support
services for record management system software and related systems and submitted their
requirements to the Office of Contracting and Procurement (OCP) on July 14, 2022. OCP
concluded that awarding a contract to Mark43, Inc. using the statutory exemption from competition
for the maintenance and support of existing software and technology (D.C. Official Code § 2-
354.13(8)) was the most advantageous method to meet MPD’s requirements. The proposed price
from Mark43, Inc. was deemed to be reasonable compared to similar services from the contractor
offered through GSA schedules and compared to the independent government estimate. Mark 43,
Inc. has maintained a satisfactory performance record with the District according to the MPD’s past
performance evaluation.
(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 protest was filed against 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:
Mark43, Inc. is a business and technology consulting company. Mark43, Inc. can comply with the
required or proposed delivery or performance schedule, taking into consideration all existing
commercial and governmental business commitments as Mark43, Inc. is the manufacturer of public
safety software and has 120 contracts with other cities and jurisdictions in the USA according to
publicly available information.
Mark43, Inc. is certified by the U.S. government under the Federal Risk and Authorization
Management Program (FedRAMP) certification program. The FedRAMP provides a standardized
2
 approach to security assessment, authorization, and continuous monitoring for the cloud products
and services, as well as cost-effective, risk-based approach for the use of cloud services.
(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:
Subcontracting is not required for this contract per a waiver issued by the Department of Small and
Local Business Development.
(H) Performance standards and the expected outcome of the proposed contract:
Mark43, Inc.’s performance will be regularly and routinely monitored by the MPD. The expected
outcome of the proposed contract is for Mark43, Inc. to provide SaaS RMS licenses and
maintenance & support services for record management system software and related systems for the
Metropolitan Police Department.
(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:
$995,000 (base period)
(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 March 8, 2023, the Agency Fiscal Officer certified that sufficient funding is available.
(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 certified that the contract is legally sufficient. Mark 43, Inc.
currently does not have any 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):
According to the District’s Clean Hands certification dated April 20, 2023, the contractor is current
with its District taxes.
3
(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:
Based on information contained in the Bidder/Offeror certification form, Mark43, Inc. has certified
that it is current with its 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.:
Mark43, Inc. is not a certified business enterprise.
(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:
Based on search results of the District’s excluded parties list and the System for Award
Management database conducted on April 24, 2023, Mark43, Inc. is not debarred or suspended
from participating in federal or District procurement.
(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 & 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:
www.ocp.dc.gov.
(S) Where the original solicitation, and any amendments or modifications, will be made available
online:
N/A
4
 ke He HC Government
oftheDistrictofColumbia
MEE Office oftheChief Financial Officer 1101 4 Street, SW
[mmm Office of Tax and Revenue ‘Washington, DC 20024
Date of Notice: April 20, 2023, ‘Notice Number: 10009459551 =
MARK43, INC.
250 HUDSON ST FL 3
‘NEW YORK NY 10013-1413
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office ofTax and Revenue or the Department ofEmployment
Services. Asofthe date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate ofClean 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)
§ 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 ofClean Hands” hyperlink under the Clean Hands section.
11101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.g0v
 GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ASSOCIATE CHIEF FINANCIAL OFFICER
PUBLIC SAFETY & JUSTICE CLUSTER
MEMORANDUM
TO: Nancy Hapeman, Acting Chief Procurement Officer
Office of Contracts and Procurement
FROM: David Garner, Associate Chief Financial Officer
Office of the Chief Financial Officer
DATE: June 8, 2023
SUBJECT: FY2023-2024 Certification of Funding for MPD-TASB Mark43 RMS
SaaS Enterprise License Contractual Services – Contract No.
CW100972
The Office of the Chief Financial Officer (OCFO) certifies available funding in the Metropolitan
Police Department’s Fiscal Year 2023 operating budget in the amount of $208,640.83 to
exercise Base Year 1 for MPD-TASB (Mark 43 RMS SaaS Enterprise License) contractual
services from August 3, 2023, to September 30, 2023. A portion of these funds have been
encumbered in PASS under RK240508.The remaining funding of $1,043,204.40 from October 1,
2023, through August 2, 2024, is certified as available and contingent upon the approval of the
Fiscal Year 2024 operating budget.
If you have any questions, please feel free to contact Frehiwot Deresso, Agency Fiscal Officer,
at frehiwot.deresso1@dc.gov.
1100 Fourth Street SW Suite 730E Washington, DC 20024
1. IT Contracts FY23, funding availability confirmation for MPD-TASB (Mark 43 RMS SaaS Enterprise License) contractual services from
August 3, 2023, to September 30, 2023.
2. IT Contracts FY24 Funding availability confirmation for MPD-TASB (Mark 43 RMS SaaS Enterprise License) contractual services from
October 1, 2023, through August 2, 2024.
3. Spending Plan FY24 supporting details MPD-TASB (Mark 43 RMS SaaS Enterprise License) contractual services.
 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 6, 2023
SUBJECT: Approval of Option Period One for SaaS RMS Licenses, Maintenance, and
Support Services
Contract Number: CW100972
Contractor: Mark43, Inc.
Contract Amount: $1,251,845.23
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 (202) 724-4018.
______________________________
Robert Schildkraut
400 6th Street, NW, Suite 79100, Washington, DC 20001 (202) 727-3400 Fax (202) 347-8922
 7. Gonvac Namibor
AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT cwio0n
"2. Amendment/Modification Number| 3. Effective Date Po Requisition/Purchase Request 5S. Solictation Caption
M0001 August 3, 2023 SaaS RMS licenses,
Maintenance, and Support
5 tesved by Code 7 Rarity Waa Ta Fe 6)
Office of Contracting and Procurement Metropolitan Police Department
Information Technology Group 300 Indiana Avenue, NW
441 4" Street, NW., Suite 330 South Suite 5009, Washington DC 20001
Washington, DC 20001
E Name and Aderonsof Convair We Broa Dy, COUR, Sale and zp Oe) BA Randa
otSokcation No
Mark43, Inc,
250 Hudson Street, 3 Floor ‘9B. Dated (See tem 11)
‘New York, New York 10013 10A. Modification
of Contractor/Order No.
x |CW100972
708, Dated Geo fam TH)
August 4, 2023
TiCTHIS TEN ONLY APPLIES TO AVENDMENTS OF SOLICITATIONS:
|[the abovenumberedsaictatonis amendedes set oth intem 14, Thehour end detespecfidforreceiot of rfers [] iextended. Lisnak
riended, Ofers must acknowledge receipt ofthis amendment rior othe hour and date specified inthe sotaton or as amended, by one ofthe
folowing methods: (a) By completing tems8 and 15, and retuming one(1) copyofthe amendment (o)By acknowledging receipt ofthis amendment
on
tach copy ofthe ofr submited or) BY separate aro fax which inc a rferenca tothe solltaton and amencmerk number, FAILURE OF
YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE
SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. I by vitue ofthis amendment you cesre to change an offer akeady submitted, such
‘maybemadeby lelor fax, provide each ler ortelegram makes reference he solctaton and tvs arrondmer, andl received pio fo the
opening Pout ane date spect.
12, Accounting and Appropriation Data (f Requreg)
73. THIS ITEM APPLIES ONLY TO MODIFIGATIONS OF CONTRACTORS/ORDERS,
IT MODIFIES THE CONTRACTIORDER NO. AS DESCRIBED IN ITEM 16
‘% This changeorder fs Issued pursuant to (Specify Authority 27 OCMR, Chapter 36, Section 3601 2b)
“Thechanges setforth n tem 14 are made inthe contracvorder no. in hem 10A.
B. The above numbered coniracZorder is modified to reflect the administrate changes (such as changes h paying offce,
appropriation
dataetc.) set forth initem 14, pursuant
tothe authorityof
C. This supplemental agreement is entered inio pursuant io authorty of 27 DOMR 3807.2 (6)
X_| D. Other (Specify typeof modification and authority) Exercise ofOption, 27 OOMR 3607.1
E-IMPORTANT: Contractor _] te not Dd is required to sign this document and retum one (1) copy tothe issuing office.
4 Description of AmendmentiModificatn (Organized by UGF Section headings, Including solcRabonveontradt subject matter where feasble,)
Contract CW100972 is hereby modified as follows:
1. Tn accordance with section 36(d) of the Standard Contract Provisions (Way to Work Amendment Act of2006), the
living wage rate is hereby adjusted to $16.50 per hour, effective January 1, 2023, and adjusted to $17.00, July 1
2023,
Delete 1.3, The Living Wage Act Notice for 2006 and Replace with 1.3, The Living Wage Act Notice for 2023,
Delete J.4, The Livin