MURIEL BOWSER
MAYOR
May 25, 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:
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 (D.C. Official Code § 2-352.02),
enclosed for consideration and approval by the Council of the District of Columbia is proposed
contract DCKA-2022-C-0069 with Capitol Paving of DC, Inc. The proposed contract is in the
amount of $9,597,662.40 for the period of 365 consecutive calendar days from the notice to
proceed.
Under the proposed contract, Capitol Paving of DC, Inc. shall provide all labor, materials, and
equipment for the civil construction of feeder 14758 for the DC Power Line Undergrounding (DC
PLUG) Program.
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 of the Office ofContracting and Procurement, at (202)
724-8759.
I look forward to the Council's favorable consideration of this contract.
Sincerely,
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
(Standard)
(A) Contract Number: DCKA-2022-C-0069
Proposed Contractor: Capitol Paving of DC, Inc.
Contract Amount: Not-to-Exceed (NTE) $9,597,662.40 Local Capital Funds
Unit and Method of Compensation: Fixed Unit Prices
Term of Contract: 365 Consecutive Calendar Days from Date of the Notice to
Proceed
Type of Contract: Fixed Unit Price with a NTE Amount
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:
Not Applicable
(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 contractor shall provide all labor, material and equipment to construct feeder 14758 for the DC
Power Line Undergrounding (DC PLUG) Program as shown on the plans and as directed by the
engineer.
(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:
1
The IFB was advertised on November 18, 2022, using set aside certified business enterprise
(CBE). Three bids were received by the due date. After bid tabulation, the applicable CBE
preference point reductions were applied resulting in the total evaluated price. Capitol Paving of
DC, Inc. (Capitol Paving) was determined to be the lowest responsive and responsible bidder.
(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:
None
(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:
Capitol Paving is a leading utility and infrastructure firm that has been in business for nearly 35
years. Capitol Paving offers construction services in a variety of markets including bridges, dry and
wet utilities, and green infrastructure. In addition, Capitol Paving has a significant presence in the
District of Columbia and neighboring states. Capitol Paving also has a record of satisfactory
performance on previous District Department of Transportation (DDOT) projects.
(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 is a certified business enterprise and will not subcontract any work.
(H) Performance standards and the expected outcome of the proposed contract:
At the direction of the DDOT contract administrator, the awardee will perform the required
construction services related to DC PLUG feeder 14758 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:
None
2
(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 March 21, 2023, the Agency Fiscal Officer certified that the available amount of
$9,597,662.40 is consistent with the applicable financial plan.
(K) 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.
(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
awardee 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 April 25,
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
proposed contractor is current with its federal taxes per the System for Award Management
validation performed March 13, 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.:
Capitol Paving is a CBE.
(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:
3
The proposed contractor is not debarred or an excluded party on the District or Federal
listings per the validations dated March 13, 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
(R) Where the contract, and any amendments or modifications, if executed, will be made
available online:
OCP.DC.GOV
(S) Where the original solicitation, and any amendments or modifications, will be made available
online:
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: April 25, 2023 Notice Number: L0009438711
CAPITOL PAVING OF DC INC FEIN: **-***3117
2211 CHANNING ST NE Case ID: 1499471
WASHINGTON DC 20018-2127
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
CO
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)
PY
§ 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 of Clean Hands” hyperlink under the Clean Hands section.
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
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-0069
Contract Name: District of Columbia Power Undergrounding (DC PLUG)
Feeder 14758
Contractor: Capitol Paving of DC INC
Contract Ceiling Amount: $9,597,662.40
Available Amount: $9,597,662.40
==============================================================================
I, Calvin Skinner, Agency Fiscal Officer, OCFO, hereby certify that the amount of $9,597,662.40 is
available for the above referenced contract and that 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 orders above the available funding are contingent upon the identification of
additional funding.
____________________________________ ___3/21/2023_____
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: May 12, 2023
SUBJECT: Approval of Contract Award over One Million Dollars using local capital
funds
The District of Columbia Power Line Undergrounding (DC PLUG) Feeder
14758
Contractor: Capitol Paving of DC, Inc.
Contract No.: DCKA-2022-C-0069
Total Not to Exceed Amount: $9,597,662.40
--------------------------------------------------------------------------------------------------------------------
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
1. Caption Page of Pages
A. SOLICITATION, OFFER, AND AWARD
District of Columbia Power Line Undergrounding (DC
Plug) Feeder 14758
1 of 55
2. Contract Number 3. Solicitation Number 5. Date
4. Type of Solicitation Issued 6. Type of Market
X Sealed Bid (IFB) Open
DCKA-2022-C-0069 Sealed Proposals (RFP) X Set Aside
DCKA-2022-B-0069 Sole Source Open with Sub-
Contracting Set
Human Care Agreements Aside
Emergency
7. Issued By: 8. Address Offer to:
District Department of Transportation Office of Department of Transportation
Contracting and Procurement 55 M Street, SE – Office of Contracting and Procurement 250 M
Suite 700 Street, SE Suite 700
Washington, DC 20003 Washington, DC 20003
NOTE: In sealed bid solicitations "offer" and offeror" means "bid" and "bidder"
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.
A. Name B. Telephone C. E-mail Address
10. For Information Contact: District of Columbia Power Line (Area Code) (Number) (Ext)
Undergrounding (DC Plug) Feeder 14758 Rickie.spivey@dc.gov
11. Table of Contents
Page
(X) Section Description Page No. (X) Section Description
No.
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
X A Solicitation/Contract Form 1 X I Contract Clauses 35
Contract Type, Supplies or Services PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER
X B and Price/Cost 2 ATTACHMENTS
X C Specifications/Work Statement 5 X J List of Attachments 48
x D Packaging and Marking 9 PART IV - REPRESENTATIONS AND INSTRUCTIONS
X E Inspection and Acceptance 10
Representations, Certifications, and Other
Period of Performance and X K
X F 13 Statements of Offerors
Deliverables
Instructions, Conditions, and Notices to
X G Contract Administration 14 X L
Offerors
X H Special Contract Requirements 20 X M Evaluation Factors
OFFER
12. In compliance with the above, the undersigned agrees, if this offer is accepted within 330 calendar days from the date for receipt of offers specified above, to furnish
any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified herein.
13Not Applicable
14. Acknowledgement of Amendments (The Amendment