Bill Summary – FastDemocracy

MURIEL BOWSER

     MAYOR

 April 26, 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:

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

emergency resolution, the “Contract No. DCKA-2022-C-0071 with American Traffic Solutions,

Inc. d/b/a Verra Mobility Emergency Approval Resolution of 2023”, to approve multiyear

Contract No. DCKA-2022-C-0071 to provide to provide leased portable and stationary traffic

enforcement systems. The term of this contract is two years from the date of award at a not-to-

exceed price of $27,228,000.

Council approval is required by section 451(c)(3) of the District of Columbia Home Rule Act,

approved December 24, 1973, 87 Stat. 803, Pub. L. 93-198; D.C. Official Code § 1-204.51(c)(3).

Approval is necessary to allow the District to receive these vital goods and services, and the critical

requirementsofthe District can only be met through an awardofthe proposed multiyear contract

to American Traffic Solutions, Inc. d/b/a Verra Mobility.

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 yourstaff contact Mare Scott, ChiefOperating

Offficer at the Office of Contracting and Procurement at (202) 724-8759.

T urge you to take prompt and favorable action regarding the enclosed resolution.

Sincerely,

Murid!   Bor

                 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-0071

    Proposed Contractor: American Traffic Solutions, Inc dba Verra Mobility (ATSI)

    Contract Amount:         Not-to-Exceed (NTE) $27,228,000

    Unit and Method of Compensation: Fixed Unit Prices

    Term of Contract: Twenty-Four (24) months from date of award.

    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: NTE $27,228,000

    Option Year One Amount: NTE $14,217,000

    Explanation of difference from base period (if applicable): The base period is two years and the

    option periods are one year. In addition, the option periods include progressively higher quantities.

    Option Year Two Amount: NTE $14,820,000

    Explanation of difference from base period (if applicable): The base period is two years and the

    option periods are one year. In addition, the option periods include progressively higher quantities.

    Option Year Three Amount: NTE $15,033,000

    Explanation of difference from base period (if applicable): The base period is two years and the

    option periods are one year. In addition, the option periods include progressively higher quantities.

                                                    1

(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 traffic enforcement systems for red-light, speeding,

    and school bus arm violations. The systems shall be a turn-key operation to include full-service

    support, installation, maintenance, and auxiliary services (the required services).

(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. Offerors were required to submit a proposal for each traffic enforcement system.

    Four proposals were received for the red-light system, but only one was responsive. Two proposals

    were received for the speeding system, and both were responsive. One proposal was received for

    the school bus arm violation system, and it was responsive. All responsive proposals were evaluated

    by the technical evaluation panel 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 ATSI as the most highly qualified offeror for all three

    enforcement systems. The contracting officer (CO) independently reviewed the panel’s evaluation

    procedures, consensus comments and ratings, and the technical and price proposals. The CO

    concurred with the panel’s rankings and determined ATSI to be the most advantageous offeror to

    the District for the red-light, speed, and school bus arm violation systems. The RFP afforded the

    District the flexibility to make a single award for multiple enforcement systems. Given that ATSI is

    the selected awardee for three systems, the proposed contract includes the red-light, speed, and

    school bus arm violation 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.

                                                   2

    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:

    ATSI has extensive experience in developing, implementing, and managing automated traffic

    enforcement systems in multiple cities and states. In addition, ATSI has successfully provided the

    same or similar services to the District.

(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 three certified business enterprise (CBE) subcontractor to fulfill

    the 35% CBE subcontracting requirement. The total contract value is $27,228,000, and the

    minimum CBE subcontracting requirement is $9,529,800. 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 February 16, 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:

                                                    3

    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 January 23,

    2023.

(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 February 14, 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.:

    ATSI 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

                                                    4

(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

                                               5

  ke He HC        Government

                     oftheDistrictofColumbia

  ME              Office oftheChief Financial Officer                                                   1101 4% Street, SW

  [mm             Office ofTax and Revenue                                                              ‘Washington, DC 20024

Date of Notice:   April 20, 2023,                                               Notice Number: 10009530074                  =

AMERICAN TRAFFIC SOLUTIONS, INC                                                 FEIN: **-*##4931

1150 N ALMA SCHOOL RD                                                           Case ID: 1485995

MESA AZ 85201-3000

                                           CERTIFICATE

                                                OFCLEANHANDS

    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. Asofthe date above, the individual/entity has complied with DC Code § 47-2862, therefore

    this Certificate ofClean 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 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 ofClean Hands” hyperlink under the Clean Hands section.

                         11101 4th Street SW, Sulte W270, Washington, DC 20024/Phone: (202) 724-S045/MyTax.DC.g0v

                          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-0071

Contract Name:                         Automatic Traffic Safety Enforcement Services

Contractor:                            Verra Mobility

Contract Ceiling Amount:               $27,228,000.00

Funding Source:                        Operating – Fund 1010001

Available Amount:                      $4,250,000.00 – FY23 Approved Budget

Subject to Appropriation Funds:        $13,640,000.00 – FY24 Proposed Budget

                                       $9,338,000.00 – FY25 Forecasted Budget

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

I, Calvin Skinner, Agency Fiscal Officer, OCFO, hereby certify that the amount of $4,250,000.00 is

available for the above referenced contract. 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 outyear funding needs are contingent upon the appropriation and approval

of funds.

____________________________________                                        04/25/23

                                                                           _________________

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:           April 20, 2023

SUBJECT:        Approval of Multiyear Contract Award over One Million Dollars

                Automated Traffic Enforcement; Red-light, speed and school bus

                enforcement

                Contractor: American Traffic Solutions, Inc. d/b/a Verra Mobility

                Contract No.: DCKA-2022-C-0071

                Total Maximum Amount: $27,228,000

_____________________________________________________________________________________________

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

Contract No. DCKA-2022-C-0071

Automated Traffic Enforcement (Award Groups 1, 3, and 5) – Verra Mobility

                                                                                                1. Title/ Caption                                        Page of Pages

                         AWARD/CONTRACT                                                         Automated Traffic Enforcement

                                                                                                (Award Groups 1, 3, and 5)

                                                                                                                                                        1            71

2. Contract Number                                 3. Effective Date                            4. Requisition/Purchase Request/Project No.

DCKA-2022-C-0071                                   See Box 20C

5. Issued By:                                                      Code                         6. Administered by (If other than line 5)

District Department of Transportation                                                           District Department of Transportation

Office of Contracting and Procurement                                                           250 M Street SE, Suite 500

250 M Street SE, 7th Floor                                                                      Washington, DC 20003

Washington, DC 20003

7. Name and Address of Contractor (No. street, city, county, state and Zip Code)                8. Delivery

                                                                                                   FOB Origin          Other

                                                                                                9. Discount for prompt payment

American Traffic Solutions, Inc.

d/b/a Verra Mobility                                                                            10. Submit invoices to the Address shown in                           Item

1150 N. Alma School Road                                                                                                                                               PO

                                                                                                Section G

Mesa, Arizona, 85201

       Duns No. 16-567-4149                                    TIN        48-1114931

11. Ship to/Mark For                                        Code                                12. Payment will be made by                         Code

N/A

13. Reserved for future use                                                                     14. Accounting and Appropriation Data

                                                                                                    ENCUMBRANCE CODE: N/A

15A. Item                                    15B. Supplies/Services                              15C. Qty.        15D. Unit           15E. Unit Price               15F.