Bill Summary – FastDemocracy

MURIEL BOWSER

     MAYOR

July 3, 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 (D.C. Official Code §§ 2-

352.02), enclosed for consideration and approval by the Council of the District of Columbia is

proposed Modification No. 007 to Contract No. CW90443 with Motorola Solutions, Inc. to

increase the base period amount of the contract from $69,111,669.56 to $74,090,183.56.

Under the proposed modification, Motorola Solutions, Inc. shall continue to update existing end-

of-life cycle Motorola radios including maintenance and support. This contract allows the District

to continue the performance of mission-critical public safety communications on a continuous and

uninterrupted basis.

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.

I look forward to the Council’s favorable consideration of this contract.

Sincerely,

Muriel Bowser

                GOVERNMENT OF THE DISTRICT OF COLUMBIA

                     Office of Contracting and Procurement

Pursuant to section 202(c-3) of the Procurement Practices Reform Act of 2010, as amended, D.C.

Official Code § 2-352.02(c-3), the following contract summary is provided:

                               COUNCIL CONTRACT SUMMARY

(A) Contract Number:                        CW90443 (Mod 0007)

    Proposed Contractor:                    Motorola Solutions, Inc

    Contract Amount:                        Not-to-exceed (NTE) $74,090,183.56

    Term of Contract:                       The period of performance is from December 21, 2022, to

                                            September 30, 2027

    Type of Contract:                       Fixed-Price

    Source Selection Method:                Sole Source

(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:             $74,090,183.56 (NTE)

    Base Period:                    Date of Award – September 30, 2027

    Option Period One Amount: $4,031,889.10 (NTE)

    Option Period One:                October 1, 2027– September 30, 2028

    Explanation of difference from base period (if applicable): Option period one will require fewer

    years (one 12-month option period), than the base period of six years. In addition, the base period

    includes the purchase of a significant amount of new equipment, which are not part of the option

    period costs.

(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:

    Maintenance and support for the Office of Unified Communications (OUC) District’s P25 Public

    Safety Radio Systems and upgrade subscriber radios.

                                                   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:

    The vendor selection process was in accordance with the 27 DCMR Chapter 1700 Sole Source. The

    technical proposal was reviewed by an evaluation panel and the Contracting Officer and was

    deemed acceptable. The pricing was determined to be fair and reasonable as supported by the

    Determination and Findings of Price Reasonableness.

(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:

    There were no protests.

(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:

    Motorola is a communications and network business that has specialized in public safety radio

    system operations for over 20 years. As demonstrated in their past performance and technical

    proposal, Motorola has qualified personnel and a proven track record of working with District and

    federal agencies. Motorola previously held District contract CW46293 with a satisfactory

    performance record throughout the period of performance. Motorola specializes in providing the

    requisite services required by the District for the upgrade of the public safety radio systems.

    Motorola has and continues to perform on contracts in similar and larger size and scope of the

    District’s requirements.

    The contracting officer certified, through a determination and findings of contractor responsibility,

    that the contractor has the organizational and financial stability to meet the District’s requirements.

(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 Department of Small and Local Business Development (DSLBD) issued a waiver of the

    subcontracting requirement.

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

                                                     2

    The contractor shall provide satisfactory services in accordance with the contract scope of work,

    with the expected outcome of current market upgrades, maintenance, and support to the District’s

    P25 Public Safety Radio Systems and subscriber radios.

(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:

    There was no expenditure of funds by the District pursuant to the contract prior to its submission for

    Council approval.

(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 Agency Fiscal Officer has certified the availability of funds for this contract. The certification

    is attached

(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 Attorney General has certified that the contract is legally sufficient. The certification

    is attached.

(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 May 23, 2023, the Citywide Clean Hands database indicates that the proposed contractor is

    current with its District taxes. The certificate of clean hands is attached.

(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 as indicated by the System for Award

    Management record results.

(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 proposed contractor is not a certified local, small, or disadvantaged business enterprise as

    defined in the Small, Local, and Disadvantaged Business Enterprise Development and Assistance

    Act of 2005.

                                                     3

(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:

    The proposed contractor is not debarred from providing services or goods to the District or federal

    government.

(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 Sole Source, 10/05/2021

    Determinations and Findings for Price Reasonableness, 05/12/2023

    Determination and Findings for Contractor Responsibility, 05/12/2023

(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:

    www.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:   May 23, 2023                                                 Notice Number: L0009595957

MOTOROLA SOLUTIONS INC                                                         FEIN: **-***5800

500 W MONROE ST 44TH FL                                                        Case ID: 1524865

CHICAGO IL 60661

                                           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 ASSOCIATE CHIEF FINANCIAL OFFICER

                                   PUBLIC SAFETY & JUSTICE CLUSTER

  MEMORANDUM

  TO:              George A. Schutter, Chief Procurement Officer

                   Office of Contracting and Procurement

  FROM:            David Garner, Associate Chief Financial Officer           For D. Garner

                   Public Safety and Justice Cluster

  DATE:            April 14, 2023

SUBJECT: Funding Certification of Motorola Maintenance and Replacement Radios for MPD

         and F&EMS – Contract # CW90443

The Office of the Chief Financial Officer (OCFO) certifies funding in the Office of Unified

Communications’ capital and operating budgets in the amount of $74,698,090.07 for MPD and

F&EMS communication devices, maintenance, and support; (1) $52,176,462.00 from the capital

budget for radios; and (2) $22,521,628.07 from operating budget for radio maintenance and support

within the period of October 1, 2021 through September 30, 2027 is as follows:

      ▪ Radio Replacement: $52,176,462.00

      Funds in the amount of $37,226,635.00 are available in the FY 2023 through FY 2028 Capital

      Improvement Plan (CIP) budget with funds obligated in the amount of $32,248,121 on PO657178

      and PO674856; the remaining $4,978,514 will be added. Funding of $14,949,827.00 will be

      available in the FY 2025 through FY 2027 allotment years.

      ▪   Radio Maintenance and Support: $22,521,628.07

      The Operating Budget from Special Purpose Revenue Funds (SPR) in the amount of

      $21,350,232.06; (1) $2,962,147.31 is obligated in PO673972 in FY 2023; (2) $2,733,465.18 in

      FY 2024 is contingent upon approved budget; and (3) $15,654,619.57 in future years will be

      subject to appropriation. The Operating budget from Interagency Funds in the amount of

      $1,171,396.01; (1) $322,368.30 is obligated in PO673972 in FY 2023; (2) $849,027.71 in FY 2024

      is contingent upon an approved budget.

Any questions concerning this certification, please contact Douglas A. Kemp, Agency Fiscal Officer

at 202-730-0519.

CC:       Heather McGaffin, Acting Director, Office of Unified Communications

          Kipling Ross, Program Manager, Office of Unified Communications

          Teddy Kavaleri, CIO, Office of Unified Communications

                 1100 4th STREET SW SUITE 730E • WASHINGTON, D.C. 20024

                        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 23, 2023

SUBJECT:       Approval of Modification 0007 to increase the value of CLIN 1009 – Radio

               Communication Equipment and Accessories Allowance

               Contractor: Motorola Solutions, Inc.

               Contract No.: CW90443

               Contract Amount: $74,090,183.56 (NTE)

               Proposed Modification Amount: $4,978,514.00

This is to Certify that this Office has reviewed the above-referenced human care agreement 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

MODIFICATION OF CONTRACT                                                                                     1. Contract Number                 Page of Pages

                                                                                                             CW90443                           1          2

2. Amendment/Modification Number         3. Effective Date                     4. Requisition/Purchase Request No.         5. Solicitation Caption

                                                                                                                           Motorola Maintenance &

M0007                                       See Box 16C                                                                    Replacement Radios

6. Issued by:                                            Code                      7. Administered by (If other than line 6)

Office of Contracting and Procurement,                                             Office of Unified Communications (OUC)

441 4th Street, NW, Suite 300 South                                                2720 Martin Luther King Jr. Ave. SE,

Washington, D.C. 20001                                                              Washington, DC 20032

8. Name and Address of Contractor (No. street, city, county, state and zip code)             9A. Amendment of Solicitation No.

Motorola Solutions, Inc

500 W. Monroe Street                                                                         9B. Dated (See Item 11)

Chicago, Illinois 60661                                                                      10A. Modification of Contract/Order No.

Attn: Bruce Fryer                                                                      X

                                                                                             CW90443

                                                                                             10B. Dated (See Item 13)

Code                                              Facility                                   12/21/2021

                                         11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

     The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers     is extended.     is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

 (a) By completing Items 8 and 15, and returning _________ copies of the amendment: (b) By acknowledging receipt of this amendment on each copy of the offer

submitted; or (c) BY separate letter or fax which includes a reference to the solicitation and amendment 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. If by virtue of this amendment you desire to change an offer already submitted, such may be made by letter or fax, provided each letter or

telegram makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting and Appropriation Data (If Required)

                                     13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

                                         IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14

         A. This change order is issued pursuant to (Specify Authority):

             The changes set forth in Item 14 are made in the contract/order no. in item 10A.

  X      B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation data

            etc.) set forth in item 14, pursuant to the authority of 27 DCMR, Chapter 36, and Section 3601.2.

         C. This supplemental agreement is entered into pursuant to authority of:

         D. Other (Specify type of modification and authority)

E. IMPORTANT:           Contractor      is not        is required to sign this document and return _1__ copy to the issuing office.

This modification to the contract identified in Block 10A above is hereby modified as describ