GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Chief Financial Officer
Page 2
Guidelines on the OCFOs Katrina Relief Efforts
September 15, 2005
Jeffrey S. DeWitt
Chief Financial Officer
June 26, 2020
The Honorable Phil Mendelson
Chairperson
Council of the District of Columbia
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant to D. C. Official Code 2-352.02a, enclosed for consideration and approval by the
Council of the District of Columbia is the proposed contract CFOPD-20-C-010B with Kelmar
Associates LLC. The proposed contract is in the not to exceed amount of $492,000.00 for the
period of three years from the date of award.
Under the proposed contract, Kelmar Associates LLC shall provide general ledger auditing,
securities auditing, oversight of contractor-assisted self-audits, unclaimed property consulting
services, collection and delivery of unclaimed property, as it is related to unclaimed property
held and owing by companies (Holders) or agent(s) on behalf of Office of Finance and Treasury.
As always, I am available to discuss any questions you may have regarding the proposed contract
action. In order to facilitate a response to any questions concerning the proposed contract action,
please have your staff contact Dorothy Whisler Fortune, Director of the Office of Contracts for
the Office of the Chief Financial Officer at (202) 442-8078.
Sincerely,
Jeffrey S. DeWitt
cc: Nyasha Smith, Secretary, Council of the District of Columbia
John A. Wilson Building * 1350 Pennsylvania Avenue, NW * Suite 203 * Washington, DC 20004
Phone: (202) 727-2476 * Fax: (202) 727-1643 * www.cfo.dc.gov
TABLE OF CONTENTS
Contract Number: CFOPD-20-C-010B
Kelmar Associates LLC
Section I District of Columbia Council Summary
Attachment A: Clean Hands Certification
Attachment B: Funding Certification and COVID19 Waiver D&F
Attachment C: Certification of Legal Sufficiency
Attachment D: Excluded Parties List
Attachment E: Subcontracting Waiver
Section II Determination and Findings for Price Reasonableness
Determination and Findings of Contractors Responsibility
Determination and Findings for a Multiyear Contract
Determination and Findings for Contract to Exceed Five Years
Determination and Findings for Use of Competitive Sealed Proposal
Section III Proposed Contract
Point of Contact Information:
Yemarshet Kebede, Contract Specialist
Office of the Chief Financial Officer
Office of Contracts
1100 4th Street, SW, Suite E620
Washington, DC 20024
Phone: 202-727-6321
Fax: 202-442-6454
Email: Yemarshet.kebede@dc.gov
SECTION I
DISTRICT OF COLUMBIA COUNCIL
SUMMARY
COUNCIL CONTRACT SUMMARY
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.
(1) The proposed contractor, contract amount, unit and method of compensation, contract term,
type of contract and source selection method:
Prime Contractor: Kelmar Associates LLC
Subcontractor: N/A
Contract Amount: The proposed contract amount for the base period is Not to Exceed
$492,000.00. The proposed amount for each option period is as follows: Option Period One
$328,000.00, Option Period Two $328,000.00. The contract amount for one or more of the
option periods differs from the contract amount for the base period because each option
period has only two years whereas the base period has three.
Unit and method of compensation: United States Dollars (USD) in accordance with
Section B, Pricing, of the contract.
Contract Term: The contract has a base period of three (3) years with two (2), two (2)
years options. This proposed contract action will continue services beyond the term.
Contract Type: Requirements
Source Selection Method: Competitive Sealed Proposals
(2) 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 purpose of this contract action is to allow Kelmar Associates LLC to provide general ledger
auditing, securities auditing, oversight of contractor-assisted self-audits, unclaimed property
consulting services, collection and delivery of unclaimed property, as it is related to unclaimed
property held and owing by companies (Holders) or agent(s).
The deliverables are approved by the COTR in accordance with Sections B and C of the contract.
(3) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past-performance components:
Competitive solicitation no. CFOPD-20-R-010 contemplated multiple awards of requirements
contracts with an estimated total cost of $4,000,000.00 based on the Districts independent
government estimate (as referenced in the pre-solicitation Determinations & Findings and the CBE
Waiver). The solicitation contained two performance tasks and Offerors could propose to perform
one or both tasks. Task I included identification and collection of unclaimed property and Task II
included holders compliance
There were eight (8) proposals submitted in response to the solicitation. The proposals were
evaluated based on technical approach and methodology, technical expertise and experience and
past performance, and price. The Technical Proposal was worth 70 points; and the Pricing Proposal
was worth 30 points, for a total of 100 points.
The following five (5) companies were ranked the highest and selected for award for Task I: ASUS
LLC, Verus Analytics LLC, Kelmar Associates, Discovery Audit Services (DAS), and
Escheatment Expertise Consulting Services (EESC).
The following three (3) companies were ranked the highest and selected for award for Task II:
ASUS LLC, Verus Analytics LLC and Kelmar Associates.
The proposed contract is for Task I.
(3A) 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, and the identity of the protestor, grounds alleged
in the protest and any deficiencies identified by the District as a result of the protest:
There was no protest filed related to the award of this contract.
(4) 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:
Kelmar has provided unclaimed property services for over 18 years to client states across the
country inclusive of performing unclaimed property examinations and holder compliance services
involving multi-billion dollar national and international companies across a range of industries.
As a professional services company working exclusively on behalf of government agencies,
Kelmar is dedicated to assisting states with the administration and enforcement of their respective
unclaimed property compliance programs. Kelmar's unclaimed property professionals are
proficient at working with holder record keeping systems and protocols, compiling and collecting
findings with minimal state intervention, identifying and resolving compliance issues in a
collaborative manner with holders, and securing the confidence and satisfaction of its client states.
With its established approach and methodology, Kelmar's unclaimed property auditing services are
performed in an effective and professionally responsible manner, in accordance with all applicable
laws, rules, regulations, and accounting principles.
(4A) A summary of the subcontracting plan required under D.C. Code 2-218.01 et seq.,
including a certification by the District that the subcontracting plan meets the minimum
requirements and the dollar volume of the portion of the contract to be subcontracted, in
both total dollars and as a percentage of the total contract amount:
A waiver of the subcontracting requirement is attached with this package
(5) Performance standards and expected outcomes of the proposed contract:
The contract shall be performed as defined in Section C of the contract.
(5A) The amount and date of any expenditure of funds by the District pursuant to the contract
before its submission to the Council for approval:
There have been no expenditures to date.
(6) 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 funding certification is included in this Council package.
(7) A certification that the proposed contract is legally sufficient, including whether the proposed
contractor has any currently pending legal claims against the District:
Legal Sufficiency is provided in this Council package.
(8) 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, (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 amount pursuant to D.C. Official Code 2-353.01(9).
The Clean Hands compliance document is included in this Council package.
(8A) A certification that the proposed contract 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 Bidder Offeror Certification is included in the Council package.
(9) 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, effective October 20, 2005 (D.C. Law 16-33; D.C.
Official Code 2-218.01 et seq.):
Kelmar Associates LLC is not a Certified Business Enterprise (CBE).
(10) Other aspects of the proposed contract that the CPO considers significant:
None.
(11) 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:
Kelmar Associates LLC does not appear on the Federal Excluded Parties List System (EPLS) or
the District Excluded Parties List.
(11A) Any determination and findings issued in relation to the contracts formation, including
any made using the privatization procedures under D.C. Code 2-352.05:
All determination and findings issued in relation to the contract formation are included in this
package.
(12) Where the contract, and any amendments or modifications, if executed, will be made
available online:
The contract and all amendments and modifications shall be available online at the following
website address: https://dc.cobblestonesystems.com/public/default.aspx
(13) Where the original solicitation, and any amendments and modifications will be made
available online:
The original solicitation and any amendments and modification shall be available online at the
following website address: https://sites.google.com/a/dc.gov/ocfo-procurements
_______________________________
Dorothy Whisler Fortune, Esq. CPPO
Director
Office of Contracts
ATTACHMENT A
CLEAN HANDS CERTIFICATION
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: June 24, 2020 Notice Number: L0004137915
KELMAR ASSOCIATES, LLC FEIN: **-***7426
500 EDGEWATER DR STE 525 Case ID: 510126
WAKEFIELD MA 01880-6222
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
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)
47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
Authorized By Marc Aronin
Chief, Collection Division
To validate this certificate, please visit MyTax.DC.gov. On the MyTax homepage, click Clean Hands
and then the Validate a Certificate of Clean Hands hyperlink.
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
ATTACHMENT B
FUNDING CERTIFICATION AND COVID 19 WAIVER D&F
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE CHIEF FINANCIAL OFFICER
Office of Management & Administration
MEMORANDUM
TO: Dorothy Fortune, Director
Office of Contracts
FROM: Nicole Dean
Budget Officer
DATE June 24, 2020
SUBJECT:Funding Certification: Kelmar Associates LLC CFOPD-20-C-010B
______________________________________________________________________________
This memorandum is to certify that funding is available within the Office of the Chief Financial
Officer (OCFO) annual operating budget in the amount of $492,000.00 The vendor will provide
third party auditing service for Unclaimed Property.
The proposed contract will cross fiscal years. The FY 2020 portion of the contract is $41,000.00
and will be funded from the FY 2020 operating budget. The FY 2021 portion of $164,000.00 is
contingent upon the approval of the FY 2021 Appropriated budget. The FY 2022 portion of
$164,000.00 is contingent upon the approval of the FY 2022 Appropriated budget. The FY 2023
portion of $123,000.00 is contingent upon the approval of the FY 2023 Appropriated budget.
The proposed contract is within the appropriated budget authority for the agency. The proposed
contract is consistent with the financial plan and budget adopted in accordance with D.C. Code
47-392.01 and 47-392.02
Please contact me if you have any questions or would like additional information.
Southwest Waterfront * 1100 4th Street, S.W.* Suite 770E * Washington, DC 20024
Phone: (202) 442-6523 * Fax: (202) 442-6327 * www.cfo.dc.gov
DETERMINATION AND FINDING
FOR
CONTRACT WAIVER OF FISCAL YEAR 20 EXPENDITURE RESTRICTIONS
AGENCY: Office of the Chief Financial Officer
CONTRACT NO: CFOPD-20-R-010
CONTRACTOR: Multiple Awards
CAPTION: Unclaimed Property Auditing Services
FINDINGS
1. AUTHORITY
Mayors Order 2020-057, VI. and XI.
2. DESCRIPTION
The District of Columbia Office of the Chief Financial Officer (OCFO), Office of Contracts
(District), on behalf of Office of Finance and Treasury (OFT) is seeking multiple Contractors to
provide unclaimed property consulting and auditing services, collection and delivery of
unclaimed property, as it is related to unclaimed property held and owing by companies
(Holders) or agent(s).
3. FACTS WHICH JUSTIFY THE CONTRACT WAIVER
The OCFOs Deputy CFO/Chief of Staff, in consultation with the Agency Fiscal Officer and
Executive Director of Human Resources has determined that:
a. The waiver is necessary to respond to the coronavirus (COVID-19) public health
emergency;
b. The waiver is otherwise necessary for the public health, safety, or welfare;
c. The waiver is necessary to carry out an essential function of the District government;
d. The waiver will result in the generation of revenue for the District government; or
e. The expenditure for which the waiver is requested is funded in whole or in significant part
by federal or private funds.
DETERMINATION
In accordance with Mayors Order 2020-057, VI. and XI., I hereby determine that with regards
to non-personal services expenditures by the OCFO, it is determined that the waiver meets one
of the criteria set forth in Section VI.1. a-e of the Order. Thus, it is in the best interest of the
District to meet its requirements using multiple awards for Unclaimed Property Auditing
Services.
May 9, 2020
_______________________ ________________________________
Date Paul Lundquist
AT0 Agency Fiscal Officer
ATTACHMENT C
CERTIFICATION OF LEGAL SUFFICIENCY
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE CHIEF FINANCIAL OFFICER
Office of General Counsel
MEMORANDUM
TO: Jeffrey S. DeWitt
Chief Financial Officer
THRU: David Tseng
General Counsel
FROM: Treva Saunders
Associate General Counsel,
Personnel and Procurement
DATE: June 26, 2020
SUBJECT: Certification of Legal Sufficiency
Contract No.: CFOPD-20-C-010B
Contract Action: Initial Award
Contractor: Kelmar Associates LLC
Contract NTE Amount: $492,000.00
Contract Purpose: To provide unclaimed property audit services for the
Office of Finance and Treasury.
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 contact me at 442-7127.
________________________________________
Treva Saunders
ATTACHMENT D
LIST OF EXCLUDED PARTIES
Excluded Parties List | ocp Page 1 of 9
311 Online Agency Directory Online Services
Accessibility
Search Menu
Mayor Muriel Bows