MURIEL BOWSER
MAYOR
March 16, 2021
The Honorable Phil Mendelson
Chairman
Councilofthe District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, N.W., Suite 504
Washington, D.C. 20004
Dear Chairman Mendelson:
Enclosed for consideration and approval by the Council of the District of Columbia is proposed
emergency legislation, the Modification Nos. 3, 4, and 5 to Contract No. CW50424 with Acme
Auto Leasing, LLC Approval and Payment Authorization Emergency Actof2021and
accompanying declaration resolution, to approve payment for goods and services received and to
be received for leased vehicles to District agencies.
Council action is necessary to approve the Contract, which authorizes expenditures in the not-to-
exceed amountof $1,566,956 for the period October 6, 2020 through October 5, 2021.
The Agency Fiscal Officer has certified that funding is available for FY 21.
As always, I am available to discuss any questions you may have regarding this contract. In
order to facilitate a response to any questions, please have your staff contact Marc Scott,
Business Operations Manager, at 724-8759.
urge you to take prompt and favorable action regarding the enclosed legislation.
Sincerely,
Mugiel Bo\ser
Enclosures
hairman Phil Mendelson
at the request of the Mayor
A BILL
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To approve, on an emergency basis, Modification Nos. 3, 4, and 5 to Contract No.
CW50424 with Acme Auto Leasing, LLC to provide leased vehicles to District
agencies and to authorize payment for the goods and services received and to be
received under the contract.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
That this act may be cited as the Modification Nos. 3, 4, and 5 to Contract No.
24 CW50424 with Acme Auto Leasing, LLC Approval and Payment Authorization
25 Emergency Act of 2021.
26 Sec. 2. Pursuant to section 451ofthe District of Columbia Home Rule Act,
27 approved December 24, 1973 (87 Stat. 803; D.C. Official Code 1-204.51), and the
28 requirements of section 202 of the Procurement Practices Reform Actof2010, effective
29 April 8, 2011 (D.C. Law 18-371; D.C. Official Code 2-352.02), the Council approves
30 Modification Nos. 3, 4, and 5 to Contract No. CW50424 with Acme Auto Leasing, LLC
31 to provide leased vehicles to District agencies, and authorizes payment in the not-to-
32 exceed amountof $1,566,956 for goods and services received and to be received under
33 Modification Nos. 3, 4, and 5 to Contract No. CW50424 for option year one.
Sec. 3. The Council adopts the fiscal impact statement provided by the Chief
Financial Officer as the fiscal impact statement required by section 4aofthe General
Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C.
Official Code 1-301.47a).
Sec. 4. This act shall take effect following approval by the Mayor (or in the
eventofveto by the Mayor, action by the Council to override the veto), and shall remain
in effect for no longer than 90 days, as provided for emergency acts of the Council of the
District of Columbia in section 412(a)ofthe District of Columbia Home Rule Act,
approved December 24, 1973 (87 Stat. 788; D.C. Official Code 1-204.12(a)).
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement
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Pursuant to section 202(c-1)of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code 2-352.02(c-1), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Tipping)
(A) Contract Number cws0424
Proposed Contractor: Acme Auto Leasing, LLC
Contract Amount: $1,566,956.00
Unit and Method of Compensation: _ Fixed unit price per month per vehicle, with Price
Redetermination for changes in Model Year
Termof Contract: October 6, 2020 through October 5, 2021
Type of Contract: Requirements
Source Selection Method: Negotiation after Cancellation of the Invitation for Bids
After Opening
(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 explanationofthe reason for the difference:
Base Period Amount: $6,800,450.00 (3-year period)
Option Period 1 Amount: $1,566,956.00
Explanation of difference from base period (if applicable): The rates per vehicle decrease over
time and the option period covers 12 months only.
Option Period 2 Amount: 3
Explanation of difference from base period (if applicable): The rates per vehicle decrease over
time and the option period covers 12 months only.
() 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 D.C. Department of Public Works (DPW) requires the Contractor to provide vehicles to meet
the needs of DCs User Agencies. The vehicles leased to the District shall consist of light and
medium vehicles ranging from sedans, vans and pick-up trucks.
(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:
Invitation for Bids (IFB) No. Doc287136 was issued on February 6, 2017 on the open market. The
District intended to awarda single contract per aggregate group of vehicles resulting from the
solicitation to the responsive and responsible bidder who has the lowest evaluated bid. On the closing
date, February 27, 2017, two bids were received from Acme Auto Leasing and Advantage Leasing
Associates DBA Admiral Leasing through the District's E-Sourcing system while a third bid from
Vehicle Leasing Associates, LLC was received by the Contract Specialist via email.
After initial reviewofthe bids for responsiveness by the Contracting Officer (CO), the CO rejected
all bids for being non-responsive. No award could be made. A request to cancel the solicitation and
enter into negotiations with the three vendors was approved by the Chief Procurement Officer on
March 15, 2017.
After negotiation, the lowest responsive bidder for each aggregate group is Acme Auto Leasing, LLC.
Following responsibility determination, award is made to Acme Auto Leasing, LLC on October 6,
2017.
(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 is no protest.
(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:
Since 1982, Acme Auto Leasing, LLC has been providing fleet leasing solutions and fleet
management services to federal, state/local government and private corporations across the United
States. Acme currently holds a GSA Schedule contract and has been leasing vehicles to the District
for several years. Acme has a satisfactory recordof performance. Their D&B Report dated January
15, 2021 indicated Fair credit appraisal and Clear history status.
(G) The period of performance associated ith the proposed change, including date asof which the
proposed change is to be made effective:
Modification No. M003 - October 6, 2020 through February 5, 2021
Modification No. M004 - February 6, 2021 through April 5, 2021
Proposed Modification No. M005 - April 6, 2021 through October 5, 2021
(H) The value of any work or services performed pursuant to a proposed change for which the
Council has not provided approval, disaggregated by each proposed change if more than one
proposed change has been aggregated for Council review:
Modification No. M003 - $522,319.00
Modification No. M004 - $261,159.00
Proposed Modification No. M005 - $783,478.00
oO The aggregate dollar value of the proposed changes as compared with the amount of the
contract as awarded:
$1,566,956.00
(J) The date on which the contracting officer was notified of the proposed change:
May 4, 2020
(K) The reason why the proposed change was sent to Council for approval after it is intended to
take effect:
The Contractor needs to continue providing lease vehicles to District agencies while OCP seeks
Council approval.
(L) The reason for the proposed change:
OCP applied for a waiver for the mandatory 35% CBE subcontracting requirement but DSBLD
initially denied the request on June 15, 2020. OCP requested that DSLBD reconsidered the
denial. To continue services while the reconsideration was pending, OCP exercised partial options.
Contract modification no. M003 was issued on September 15, 2020 to exercise partial option year
one for the period beginning October 6, 2020 through February 5, 2021 in the estimated amount of
$522,319.00. Contract modification no. M004 was issued on January14, 2021 to exercise partial
option beginning February 6, 2021 through April 5, 2021 in the estimated amount of $261,159.00.
In assessing the reconsideration, DSLBD, DPW and OCP continued to discuss the contract, evaluate
the qualifications and viability of CBEs, and conduct relevant searches. Furthermore, OCP issued a
Request for Information (RFI) to assess the general industry practices regarding leasing and
subcontracting. Based on RFIs findings, OCP has determined that leasing contracts of this nature
are not sub-contractable. Given the nature of automobile leasing contracts, subcontracting is
commercially unfeasible as there cannot be any mitigationofrisks (with a subcontractor) in addition
to management and operational concerns. Also, there is potential for significant disruption and costs
to the operations of the 37 agencies that are utilizing the 400 vehicles. These issues, in total, made
subcontracting basically unattainable. Based on the justification and evidences provided by OCP
and DPW which are verified by DSLBD, the waiver request was approved on January 15, 2021.
(M) The legal, regulatory, or contractual authority for the proposed change:
27 DCMR Chapters 2005 and 2008
(N) 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 volumeofthe portionofthe contract
to be subcontracted, expressed both in total dollars and as a percentage of the total contract
amount:
DSLBD approved the waiver request submitted by OCP for option year one on January 15, 2021.
(O) Performance standards and the expected outcome of the proposed contract:
The Contractor is expected to continue providing the District the needed lease vehicles in accordance
with the terms and conditionsof the contract.
(P) 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:
$783,478.00 for the period from October 6, 2020 through April 5, 2021.
(Q)Acertification 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 that funding for this service is available in FY21.
(R) A certification that the contract is legally sufficient, including whether the proposed contractor
has any pending legal claims against the Distri
The Office ofthe Attorney General has certified that the proposed contract modification is legally
sufficient and that Acme Auto Leasing, LLC has no claims pending against the District.
(S) 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 Di
(2) a certification that the contractor will be current with its District taxes after the
recovers any outstanding debt as provided under D.C. Official Code 2-353.01(b):
A certification has been issued by the Citywide Clean Hands database indicates that the contractor is
current with its District taxes.
(1)Acertification 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 certified that they are current with federal taxes.
(U) 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 business enterprise.
(V) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None
(W)Astatement 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 excluded from providing services to the District and federal
governments.
(X) 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 & Findings for Contractor Responsibility
Determination & Findings for Price Reasonableness
(X) Where the contract, and any amendments or modifications, if executed, will be made
available online:
The contract modification when executed will be posted on the Office of Contracting and
Procurement website www.ocp.dc.gov.
(Z) Where the original solicitation, and any amendments or modifications, will be made available
online:
The solicitation and amendments were posted on the Office of Contracting and Procurement website
* Government ofthe District ofColumbia
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Mmm _(Officeof the ChiefFinancial Officer 1101 4 Street, SW
EEE Officeof Tax and Revenue Washington, DC 20024
Date ofNotice: January 15, 2021 Notice Number: 0004692555 =
ACME AUTO LEASING LLC FEIN: **-**5257
440 WASHINGTON AVE Case ID: 651767
NORTH HAVEN CT 06473
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 I. 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 Mare Aronin
Chief, Collection Division
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
Validate a Certificate ofClean Hands hyperlink under the Clean Hands section.
1101 4th Street SW, Suite W270, ington, DC 20024/Phone: (202) 724-5048/MyTax.DC.g0v
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE CHIEF FINANCIAL OFFICER
FINANCIAL PLAN AND BUDGET CERTIFICATION
CONTRACT NUMBER: CW50424
CAPTION: Commercial Light-Duty Vehicle Leasing
CONTRACTOR NAME: Acme Auto Leasing, LLC
CONTRACT AMOUNT: $1,566,956.00
ORGANIZATION CODE: KTO
PERIOD OF PERFORMANCE: October 6, 2020 October 5, 2021
Thereby certify that the DepartmentofPublic Works (DPW) has funding in the amount
of $1,566,956.00 and that the service is within the appropriate budget authority for the
agency for FY21 and is consistent with the financial plan and budget adopted in
accordance with 47-392.01 and 47-392.02.
COLeft antaraitat_ 8/2
Berry Fftzpatrick, AFO
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GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
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ATTORNEY GENERAL
KARL A. RACINE
re So
Legal Counsel Di
ORANDUM
Ronan Gulstone
Director
Office ofPolicy and Legislative Affairs
FROM: Brian K. Flowers
Deputy Attorney General
Legal Counsel Division
DATE: March 4, 2021
SUBJECT: Legal Sufficiency Review of Draft Bill, the Modification Nos. 3, 4,
and 5 to Contract No. CW50424 with Acme Auto Leasing, LLC
Approval and Payment Authorization Emergency Act of 2021 and
Accompanying Emergency Declaration Resolution
(AE-21-037)
This is to Certify that tis ottice has reviewed the above-referenced
legislation and has found it to be legally sufficient. If you have any qu
regarding this certification, please do not hesitate to contact me at 724
Buan 6. Flows
Brian K. Flowers
1350 Pennsylvania Avenue, NW, Suite 409, Washington, D.C. 20008 (202) 7245824
T. Contract Number Page of Pages
AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT cws0424 1 | 1
2. Amendment/Modification | 3. Effective Date 4, RequistionPurchase '5.SolicitationCaption
Number Request No.
Moos Ap