Bill Summary – FastDemocracy

MURIEL BOWSER

     MAYOR

March 18, 2024

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-2024-C-0039 with Treeman, Inc. in the not-to-exceed amount of

$3,297,500. The period of performance is February 1, 2024, through January 31, 2025.

Under the proposed contract, Treeman, Inc. shall provide tree removal services in the District of

Columbia.

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 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

                                      (Letter Contract)

(A) Contract Number:                      DCKA-2024-C-0039

    Proposed Contractor:                  Treeman, Inc.

    Contract Amount:                      Minimum amount: $96,650

                                          Maximum amount: $3,297,500

    Unit and Method of Compensation: Fixed Unit Prices

    Term of Contract:                     February 1, 2024, through January 31, 2025

    Type of Contract:                     Indefinite Delivery/Indefinite Quantity (“IDIQ”)

    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:

    Base Period Amount: Minimum amount $96,650; Maximum amount $3,297,500

    Option Year One Amount: Minimum amount $96,650; Maximum amount $3,297,500

    Explanation of difference from base period (if applicable): Not Applicable

    Option Year Two Amount: Minimum amount $96,650; Maximum amount $3,297,500

    Explanation of difference from base period (if applicable): Not Applicable

    Option Year Three Amount: Minimum amount $101,482.50; Maximum amount $3,462,375

    Explanation of difference from base period (if applicable): The option year amount includes a

    price escalation of approximately 5%.

    Option Year Four Amount: Minimum amount $101,482.50; Maximum amount $3,462,375

                                                1

    Explanation of difference from base period (if applicable): The option year amount includes a

    price escalation of approximately 5% over the base period.

(C) The date on which the letter contract or emergency contract was executed:

    February 1, 2024

(D) The number of times the letter contract or emergency contract has been extended:

    None

(E) The value of the goods and services provided to date under the letter contract or emergency

    contract, including under each extension of the letter contract or emergency contract:

    NTE $999,999

(F) 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 tree removal services. The contractor shall be responsible for providing

    all management, supervision, personnel, tools, materials, equipment, expertise, and transportation

    necessary to remove trees located at various sites throughout the District.

(G) 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 IFB was advertised on December 29, 2023, using full and open competition and contemplating

    multiple IDIQ contract awards. Four bids were received by the due date. After reviewing the bids,

    the bid from Treeman was determined to be responsive and responsible and selected for award.

(H) 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

(I) 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:

    Treeman has been providing tree care services in the Washington, DC and Maryland area for over

    20 years. Treeman also possesses the resources to include equipment and certified and licensed

    personnel to perform the required services. In addition, Treeman has successfully performed the

    same or similar services for the District Department of Transportation (“DDOT”).

                                                   2

(J) 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:

    On January 5, 2024, the District Department of Small and Local Business Development granted a

    full waiver to the 35% subcontracting requirement under D.C. Official Code § 2-218.46 and

    removed the subcontracting requirement. Accordingly, no subcontracting plan is required.

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

    At the direction of the DDOT contract administrator, the contractor will provide tree removal

    services in accordance with the terms of the contract.

(L) 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:

    The District entered into a letter contract on February 1, 2024, in the NTE amount of $999,999.

(M) 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 4, 2024, the Agency Fiscal Officer certified that the contract funding is consistent with

    the applicable financial plan and budget.

(N) 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.

(O) A certification that the 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 January 29,

    2024.

(P) 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:

                                                    3

    The contractor is current with its federal taxes per the bidder/offeror certification form.

(Q) 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 contractor is not a certified business enterprise.

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

    significant:

    None

(S) 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 January 23, 2024.

(T) 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

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

    available online:

    OCP.DC.GOV

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

    online:

    OCP.DC.GOV

                                                     4

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                          GOVERNMENT OF THE DISTRICT OF COLUMBIA

                                 OFFICE OF THE CHIEF FINANCIAL OFFICER

Government Services Cluster

                              FINANCIAL PLAN AND BUDGET CERTIFICATION

Contract No.:                          DCKA-2024-C-0039

Contract Name:                         Tree Removal Services

Contractor:                            Treeman, Inc.

Contract Ceiling Amount:               $3,297,500.00

Current Available Amount:              $1,300,000.00

PASS RK#:                              RK270106

Organization Code:                     KA0

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

I, Calvin Skinner, Agency Fiscal Officer, OCFO, hereby certify that the amount of $1,300,000.00 is

available for the above referenced contract and that the service is within the appropriate budget

authority for the agency for FY 2024 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.

____________________________________                                         03/04/24

                                                                           _________________

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:            Sarina Loy

               Deputy Director

               Office of Policy and Legislative Affairs

FROM:          Robert Schildkraut

               Section Chief

               Government Contracts Section

DATE:          March 11, 2024

SUBJECT:       Approval of Contract Award over One Million Dollars

               Tree Removal Services

               Contractor: Treeman, Inc.

               Contract No.: DCKA-2024-C-0039

               Minimum Amount: $96,650.00

               Maximum Amount: $3,297,500.00

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 (202) 724-4018.

______________________________

       Robert Schildkraut

               400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400

        GOVERNMENT OF THE DISTRICT OF COLUMBIA

                                DEPARTMENT OF TRANSPORTATION

Mr. Jose M Polanco

President/CEO

Treeman, Inc

16201 Batson Rd

Spencerville, MD 20868

Subject:         Letter Contract

                 Tree Removal Services

                 Contract No. DCKA-2024-C-0039

Dear Mr. Polanco:

This is a letter contract between the Government of the District of Columbia (District) and

Treeman, Inc (Contractor) wherein the Contractor agrees to perform the above-captioned

services in accordance with those documents incorporated herein.

The District intends to definitize this letter contract within ninety (90) days of the date this letter

contract is signed by the Contracting Officer. If the District and the Contractor agree in writing

to the terms of a definitive contract within 90 days, this letter contract shall merge with the

definitive contract upon such agreement. If the District does not definitize this letter contract

within 90 days of the date of award of this letter contract or any extensions thereof, this letter

contract shall expire. Award of this letter contract and the definitive contract shall be

contingent on the availability of appropriated funds.

The District will pay the Contractor for the services performed under this letter contract in an

amount not-to-exceed (NTE) $999,999.00. In no event shall the amount paid under this letter

contract, or any extensions thereof, exceed $999,999.00, which is approximately 30.33% of the

estimated contract NTE of the proposed definitive contract. If the District and the Contractor

agree in writing to a definitive contract, the District will pay the Contractor for the services

performed during the duration of the definitive contract an amount not to exceed $3,297,500.00

for the one-year base period of the proposed definitive contract. The proposed definitive

contract will require the prior approval of the Council of the District of Columbia (Council).

The Contractor shall perform under this letter contract pursuant to the terms and conditions

outlined in the below attachment. The following attachment is incorporated in full-text and

made part of this letter contract:

Attachment 1: Solicitation DCKA-2024-D-0025 as amended

   District Department of Transportation | 250 M Street, SE, Suite 700, Washington, DC 20003 | 202.671-2270 | ddot.dc.gov

Letter Contract

Tree Removal Services

Contract No. DCKA-2024-C-0039

        Schedule for Definitization

        Council package submission to Council     2/23/2024

        Target Definitization Date                4/22/2024

        Signatures:

                                                1/31/2024

       Name:                                        Date

       Title:

       Treeman, Inc

       Benita Scott                                Date

       Deputy Chief Contracting Officer

                                                               1. Caption                                                            Page of Pages

A. SOLICITATION, OFFER, AND AWARD

                                                               Tree Removal Services                                                     1 of 51

2. Contract Number           3. Solicitation Number            4. Type of Solicitation           5. Date Issued     6. Type of Market

                                                                   X    Sealed Bid (IFB)                                 X      Open

DCKA-2024-C-0039              DCKA-2024-D-0025

                                                                       Sealed Proposals             See § F.1

                                                                                                                                Set Aside

                                                                       (RFP)

7. Issued By:                                                          8. Address Offer to:

District Department of Transportation                                  Department of Transportation

Office of Contracting and Procurement                                  Office of Contracting and Procurement

55 M Street, SE – Suite 700                                            250 M Street, SE – 7th Floor

Washington, DC 20003                                                   Washington, DC 20002

NOTE: In sealed bid solicitations "offer" and offeror" means "bid" and "bidder"

                                                                       SOLICITATION

9. Electronic bids are due at 5:00 pm EST time. For electronic submission refer to Section L of the 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.

                       Name: Franci Orellana – Contract                           B. Telephone                                    C. E-mail Address

10. For Information Specialist - Contractor

Contact:                                                           (Area Code)       (Number)           (Ext)

                                                                                                                     Franci.Orellana@dc.gov

                                                                       11. Table of Contents