Bill Summary – FastDemocracy

MURIEL BOWSER

     MAYOR

October 11, 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 Modification No. M001 to Contract No. DCKA-2022-C-0007 with NovoaGlobal,

Inc. in the not-to-exceed amount of $1,368,000 from $6,385,824 to $7,753,824. The

modification’s period of performance is from date of award through May 2, 2025.

Under the proposed modification, NovoaGlobal, Inc. shall provide leased portable and stationary

traffic enforcement systems for oversize vehicle violations and other technical services for the

Automated Traffic Enforcement Program.

I am 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 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) 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-2022-C-0007

                             Modification No. M001

    Proposed Contractor: NovoaGlobal, Inc. (NovoaGlobal)

    Contract Proposed Modification Amount: Not-to-Exceed (NTE) $1,368,000

    Unit and Method of Compensation: Fixed Unit Prices

    Term of Contract: Date of award through May 2, 2025

    Type of Contract:     Indefinite Delivery Indefinite Quantity

    Source Selection Method:         Request for Proposals (RFP)

(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 (including proposed modification): Base: $6,385,824 and with the added

    modification amount of $1,368,000 brings the total to: NTE $7,753,824. The $1,368,000 is just for

    the based period of the Contract. The pricing for the remaining years is different every year for the

    original contract items and for the oversized addressed in this modification.

(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 proposed contractor shall provide leased portable and stationary traffic enforcement systems

    for stop sign violations and, by this modification, additionally for oversize vehicle violations. The

    systems shall be a turn-key operation to include full-service support, installation, maintenance, and

    auxiliary services (the required services).

                                                    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 District solicited proposals using full-and-open competition for a contractor to provide the

    required services. Two proposals were received and evaluated. The technical evaluation panel

    evaluated the responsive proposals based solely on the evaluation criteria established in the RFP as

    follows.

                                 Factor          Evaluation Criteria

                                Factor A          Technical Approach

                                Factor B          Key Personnel

                                Factor C          Past Performance

                                Factor D          Price

    The technical evaluation panel identified NovoaGlobal as the most highly qualified offeror. The

    contracting officer (CO) independently reviewed the panel’s evaluation procedures, consensus

    comments and ratings, and technical and price proposals. The CO concurred with the panel’s

    rankings and determined NovoaGlobal to be the most advantageous offeror to the District for the

    oversize vehicle violations systems.

(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:

    On July 6, 2022, a protest was filed by Conduent State & Local Solutions, Inc. (Conduent) under

    solicitation number DCKA-2022-D-0007. Conduent challenged the District’s rejection of its

    proposal for failing to submit a subcontracting plan complying with D.C. Code § 2–218.46 (d)(1).

    The protest was resolved by the District taking voluntary corrective action.

    On November 18, 2022, a protest was filed by ATSI under solicitation number DCKA-2022-D-

    0007. ATSI challenged the District’s rejection of its proposal for failing to submit a subcontracting

    plan complying with D.C. Code § 2–218.46 (d)(1). Due to programmatic needs, the District made

    material changes to the requirements which necessitated a reopening of the solicitation and thus

    rendered the protest moot.

(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:

    NovoaGlobal has extensive experience providing and developing advanced automated photo

    enforcement solutions designed to improve traffic safety, enforce traffic laws, and reduce road

    injuries and fatalities. In addition, NovoaGlobal has successfully provided the same or similar

    services to the District.

                                                    2

(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 will utilize five certified business enterprise (CBE) subcontractors to fulfill

    the 35% CBE subcontracting requirement. The total contract value of this modification is

    $1,368,000, and the minimum CBE subcontracting requirement is $478,800. The proposed contract

    meets the subcontracting requirement.

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

    At the oversight of the District Department of Transportation contract administrator, the proposed

    contractor will provide the required services 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:

    $0

(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 July 27, 2023, the Agency Fiscal Officer certified that the contract funding is consistent with the

    applicable financial plan and budget.

(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

    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):

    The contractor is current with its District taxes per the Clean Hands certification dated September

    21, 2023.

                                                    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:

    The contractor is current with its federal taxes per the System for Award Management validation

    performed July 17, 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.:

    NovoaGlobal 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:

    The contractor is not debarred or an excluded party on the District or federal listings per the

    validations dated February 14, 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

    Determination and Findings for Multiyear Contract

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

    available online:

    https://ocp.dc.gov

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

    online:

    https://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:   September 21, 2023                                           Notice Number: L0010175231

NOVOAGLOBAL, INC.                                                              FEIN: **-***7807

8018 SUNPORT DR STE 203                                                        Case ID: 1627858

ORLANDO FL 32809-8106

                                           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 CHIEF FINANCIAL OFFICER

Government Services Cluster

                              FINANCIAL PLAN AND BUDGET CERTIFICATION

Contract No.:                          DCKA-2022-C-0007

Contract Name:                         Automatic Traffic Safety Enforcement Services

Contractor:                            NovoaGlobal, Inc.

Contract Ceiling Amount:               $7,753,824

Current Available Amount:              $136,800

==============================================================================

I, Calvin Skinner, Agency Fiscal Officer, OCFO, hereby certify that the amount of $136,800 is

available for the above referenced contract and that 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.

____________________________________                                       07/27/23

                                                                           _________________

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:             Tommy Wells

                Director

                Office of Policy and Legislative Affairs

FROM:           Robert Schildkraut

                Section Chief

                Government Contracts Section

DATE:           September 21, 2023

SUBJECT:    Approval of Modification No. 01 to Multiyear Contract Award over One

            Million Dollars

            Automated Traffic Enforcement; Oversized Vehicles Enforcement

            Contractor: NovoaGlobal, Inc.

            Contract No.: DCKA-2022-C-0007/ Modification No. 01

            Total Minimum Amount: $349,752.00

            Total Maximum Amount: $7,753,824.00

______________________________________

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

AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT                                                                 1. Contract Number                            Page of Pages

                                                                                                                        DCKA-2022-C-0007                             1         9

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

Modification No. 1                                  See Box 16C                                                                          Automated Traffic Enforcement

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

District Department of Transportation                                                   District Department of Transportation

Office of Contracting and Procurement                                                   Traffic Enforcement Division

250 M St SE, 7th Floor                                                                  250 M St SE

Washington, DC 20003                                                                    Washington, DC 20003

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

NovoaGlobal Inc.                                                                                   9B. Dated (See Item 11)

8018 Sunport Drive, Suite 203

Orlando, FL 32809                                                                                  10A. Modification of Contractor/Order No.

                                                                                                   DCKA-2022-C-0007

                                                                                           10B. Dated (See Item 13)

  Code                                                        Facility                     May 3, 2023

                                                      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 one (1) copy 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 CONTRACTORS/ORDERS , IT

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

          A. This change order is issued pursuant to (Specify Authority): 27 DCMR, Chapter 36, The changes set forth in Item 14 are made in the contract/order no. in

          item 10A.

          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:

          C. This supplemental agreement is entered into pursuant to authority of: 27 DCMR § 3601.2(c)

    X

          D. Other (Specify type of modification and authority)

E. IMPORTANT:            Contractor     is not    is required to sign this document and return one (1) copy to the issuing office.

14. Description of Amendment/Modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)

Please see Summary of Changes. The purpose of this modification is the following:

    1)    To revi