Bill Summary – FastDemocracy

MURIEL BOWSER

    MAYOR

September 18, 2020

The Honorable Phil Mendelson

Chairman

Council of the District of Columbia

John A. Wilson Building

1350 Pennsylvania Avenue, N.W., Suite 504

Washington, D.C. 20004

Dear Chairman Mendelson:

Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code  1-

204.51) and the Procurement Practices Reform Act (D.C. Official Code  2-351.01 et seq.),

enclosed for consideration and approval by the Council of the District of Columbia is proposed

Modification No. 005 to Contract No. CW63174 with Immediate Mailing Services, Inc. to

exercise option year two in the not-to-exceed amount of $1,023,191.05. The period of

performance is from October 1, 2020 to September 30, 2021.

Under the proposed modification, Immediate Mailing Services, Inc. shall continue to provide

high quality printing and mailing services for the District of Columbia Access System.

I am 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 Councils favorable consideration of this contract.

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

(A) Contract Number: CW63174

    Proposed Contractor: Immediate Mailing Services, Inc.

    Estimated Contract Amount: Not to exceed (NTE) $1,023,191.05

    Unit and Method of Compensation: Fixed unit prices

    Term of Contract: October 1, 2020 through September 30, 2021

    Type of Contract: Indefinite Delivery-Indefinite Quantity (IDIQ)

    Source Selection Method: Invitation for Bids

(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:

    Estimated Base Period Amount: $999,726.05 NTE

    The Base Period was awarded by the Contracting Officer on October 1, 2018.

    Option Period 1 Amount: $999,726.05 NTE

    Explanation of difference from base period (if applicable):

    Partial option year one was awarded by the Contracting Officer on September 24, 2019 and the

    remainder of option year one was awarded by the Contracting Officer on February 20, 2020.

    Option Period 2 Amount: $1,023,191.05 NTE

    Explanation of difference from base period (if applicable):

    Option period two is higher than the base period and option period one due to the inflationary

    factors related to business operations costs.

    Option Period 3 Amount: $1,023,191.05 NTE

    Explanation of difference from base period (if applicable):

                                                   1

    Option period three is higher than the base period and option period one due to the inflationary

    factors related to business operations costs.

    Option Period 4 Amount: $1,036,951.05 NTE

    Explanation of difference from base period (if applicable):

    Option period four is higher than the base period and option period one, two and three due to the

    inflationary factors related to business operations 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:

    The District of Columbia Office of Contracting and Procurement (District), on behalf of the

    Department of Health Care Finance (DHCF), requires a qualified contractor to provide timely, high

    volume, high technology, printing and mailing services for the District of Columbia Access System

    (DCAS). On a daily basis, DCAS generates a combination of notices, forms, and invoices, in

    multiple languages, for various social services programs administered by DHCF, the District

    Department of Human Services (DHS), and the DC Health Benefit Exchange Authority (HBX) that

    need to be printed and mailed.

(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 solicitation was issued on July 10, 2018 as an open-market competitive sealed bid, in

    accordance with the 27 DCMR 1500. The solicitation was posted for a total of 15 days, and the bids

    were opened publicly on July 25, 2018 at 2:00 p.m. On July 25, 2018, the District received four

    bids.

    The Contracting Officer evaluated each bid in accordance with 27 DCMR 1540.1, and determined

    Immediate Mailing Services, Inc. (IMS) was the most responsible and responsive bidder, and the

    price proposed by IMS was considered fair and reasonable. In accordance with 27 DCMR 1541.1,

    the Contracting Officer awarded the contract to Immediate Mailing Services, Inc.

(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 August 17, 2018, ForMost Advanced Creations (FAC) filed a formal protest based on their

    belief FAC was the lowest priced responsive and responsible bidder. On September 18, 2018, FAC

    submitted a notice of withdrawal of its protest allegations thereby seeking dismissal of the protest,

    which also included an ancillary request that the District not exercise the awarded contracts option

    year terms and conduct a follow-on procurement after the completion of the contracts base year.

    On October 2, 2018, the Contract Appeals Board dismissed the protest with prejudice and found no

    basis under the protest withdrawal rules to grant FACs request regarding the Districts future

    procurement actions.

                                                   2

(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:

    The Contractor has extensive experience providing printing and mailing services. The Contractor

    has demonstrated through past performance reports that their organization has the history,

    organizational and technical experience required to successfully meet the requirements of the

    contract. Likewise, it has been determined that the Offeror maintains the financial resources,

    accounting and operational controls to successfully fulfill the Districts requirement. The Contractor

    has been determined responsible in accordance with the Districts Standards for Responsibility.

(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 Contractor provided a subcontracting plan with a set aside of 35% with a total dollar amount of

    $358,116.87.

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

    The expected outcome of the proposed contract is to provide notices to District residents for various

    social services programs administered by DHCF, DHS and HBX.

(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:

    None.

(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 Chief Financial Officer has certified that funding is available for FY 2021.

(K) A certification that the contract is legally sufficient, including whether the proposed

    contractor has any pending legal claims against the District:

    The Contract has been reviewed by the Office of the Attorney General and found to be legally

    sufficient. The Contractor has no pending legal claim 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;

                                                   3

    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):

    On July 7, 2020 the Citywide Clean Hands database certified that the Contractor is current with its

    District taxes.

(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 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.:

    The Contractor is not a certified local, small or disadvantaged 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:

    As of June 30, 2020, the Contractor does not appear on the Office of Inspector General Exclusions

    Database, the Federal Excluded Parties List or the Districts list of Debarred and Suspended

    Contractors.

(Q) Any determination and findings issues relating to the contracts formation, including any

    determination and findings made under D.C. Official Code  2-352.05 (privatization

    contracts):

    Determination and Findings for Contractor Responsibility dated July 28, 2020

    Determination and Findings for Price Reasonableness dated July 28, 2020

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

    available online:

    http://ocp.dc.gov

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

    online:

    http://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:   July 7, 2020                                                 Notice Number: L0004221544

IMMEDIATE MAILING SERVICES, INC                                                FEIN: **-***3143

245 COMMERCE BLVD                                                              Case ID: 515548

LIVERPOOL NY 13088-4541

                                           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

                          GOVERNMENT OF THE DISTRICT OF COLUMBIA

                                Department of Health Care Finance

Office of the Chief Financial Officer

MEMORANDUM

TO:              George A. Schutter

                 Chief Procurement Officer

                 Office of Contracting and Procurement

THRU:            Delicia V. Moore

                 Associate Chief Financial Officer

                 Human Support Services Cluster

FROM:            Darrin Shaffer

                 Agency Fiscal Officer

                 Department of Health Care Finance

DATE:             August 3, 2020

SUBJECT:         Certification of Funding for IMS

The Office of the Chief Financial Officer hereby certifies that the sum of $1,023,191.05 is included in the

Districts Local Budget and Financial Plan submitted to Congress by the Chairman of the Council to the

Speaker of the House of Representatives for Fiscal Year 2020 to fund the costs associated with notice

printing services contract with IMS. Upon approval by Congress of the Districts Local Budget and

Financial Plan, funds will be sufficient to pay for fees and costs associated with the Contract. This

certification supports the contract for the period October 1, 2020 through September 30, 2021.

Vendor: IMS                                                       Contract Number: CW63714

Fiscal Year 2021 Funding:

      Agency           Fund               Grant              Object                 Amount

       HT0             8250             MMAD21/21             0409         $      437,414.17

       HT0              100                                   0409         $      145,804.72

       HT0              711                                   0409         $      133,014.84

       HT0              100                                   0409         $      133,014.84

       HT0              100                                   0409         $      173,942.48

                       FY21 Printing Services (OY2)                        $   1,023,191.05

NOTE: Certification is contingent upon approval of the Districts FY21 Budget.

Should you have any questions, please contact me at (202) 442-9079.

cc:     James Simms, DHCF

        Helena Barbour, DHCF

        Darrin Shaffer, OCFO/DHCF

        Kenneth Evans, DHCF

               441 4th St. NW, Suite 900 South, Washington, D.C. 20001 (202) 442-5988 FAX (202) 478-1373

                 GOVERNMENT OF THE DISTRICT OF COLUMBIA

                        Office of the Attorney General

                                            xe *

                                            a

 ATTORNEY GENERAL                           aay

 Kar A. RACINE

 Government Contracts Section

 MEMORANDUM

TO:             Ronan Gulstone

                Director

                Office of Policy and Legislative Affairs

FROM:           Robert Schildkraut

                Chief, Government Contracts Section

                Commercial Division

DATE:           September 15, 2020

SUBJECT:        Exercise of Option Year Two

                DCAS Printing and Mailing Services

                Contractor: Immediate Mailing Services (IMS)

                Contract No.: CW63174

                Maximum Contract Amount: $1,023,191.05

This inteCotily UA tris otvice has rev

                                     theiew

                                        above-refed

                                                 erenced

Contract Package and that we have found it to be legally sufficient. Ifyou have any

questions in this regard, please do not hesitate to call me at 724-4018.

              oe

         Robert Schildkraut

       400 Sixth Street, N.W., Washington, D.C. 20001 (202) 727-3400 Fax (202) 741-5228

                                                                                                                  1. Contract Number                       Page of Pages

AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT                                                              CW63174                                  1        1

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

Number

                                                                                                                                   DCAS Printing and

M0005                                          See box 16C                                                                         Mailing

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

Office of Contracting and Procurement                                                    Department of Health Care Finance

441 4th Street NW, Suite 300S                                                            441 4th Street, NW, Suite 900S

Washington, DC 20001                                                                     Washington, DC 20001

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

code)

                                                                                                   9B. Dated (See Item 11)

Mr. Mark Vanderpool

                                                                                                   10A. Modification of Contract/Order No.

Immediate Mailing Services, Inc

                                                                                             X CW63174

245 Commerce Blvd

Liverpool, NY 13088

Phone: (315) 437-4189 x392

Email: mvanderpool@IMSDirect.com

                                                                                                   10B. Dated (See Item 13)

Code                                                        Facility                               October 1, 2018

                                             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 O