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District Of Columbia Council Bill B26-0096

District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0096 Compare Versions

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1- ENROLLED ORIGINAL
1+MURIEL BOWSER
2+MAYOR
3+January 30
4+, 2025
5+The Honorable Phil Mendelson
6+Chairman
7+Council of the District of Columbia
8+John A. Wilson Building
9+1350 Pennsylvania Avenue, NW, Suite 504
10+Washington, DC 20004
11+Dear Chairman Mendelson:
12+Enclosed for consideration and approval by the Council of the District of Columbia is an
13+emergency bill, the “Contract No. CW118832 with Modaxo Traffic Management USA, Inc.,
14+Approval and Payment Authorization Emergency Act of 2025,” and the accompanying emergency
15+declaration resolution.
16+The legislation will approve Contract No. CW118832 with Modaxo Traffic Management USA,
17+Inc., to support the provision of ticket processing and adjudication services to support the District’s
18+enforcement of its parking and traffic laws.
19+My administration is available to discuss any questions you may have regarding the proposed
20+contract modification. In order to facilitate a response to any questions you may have, please have
21+your staff contact Marc Scott, Chief Operating Officer, Office of Contracting and Procurement, at
22+(202) 724- 8759.
23+I urge the Council to take prompt and favorable action on the enclosed legislation.
24+Sincerely,
25+Muriel Bowser ~ ~
26+3 at the request of the Mayor
27+4
28+5 A BILL
29+6
30+7
31+8
32+9
33+10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
34+11
35+12
36+13
37+14
38+15 To approve, on an emergency basis, Contract No. CWl 18832 with Modaxo Traffic Management
39+16 USA, Inc., and to authorize payment for the goods and services received and to be
40+17 received under the contract.
41+18
42+19 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
43+20 act may be cited
44+as the "Contract No. CWl 18832 with Modaxo Traffic Management USA, Inc.,
45+21 Approval and Payment Authorization Emergency Act of 2025".
46+22 Sec.
47+2. Pursuant to section 451 of the District of Columbia Home Rule Act, approved
48+23 December 24, 1973 (87 Stat. 803; D.C. Official Code§ 1-204.51), and notwithstanding the
49+24 requirements
50+of section 202 of the Procurement Practices Reform Act of 2010, effective April 8,
51+25 2011 (D.C. Law 18-371; D.C. Official Code§ 2-352.02), the Council approves Contract No.
52+26
53+CWl 18832 with Modaxo Traffic Management USA, Inc., and authorizes payment in the not-to-
54+27 exceed amount
55+of $6,034,831.66 for the goods and services received and to be received under the
56+28 contract.
57+29 Sec.
58+3. Fiscal impact statement.
59+30 The Council adopts the fiscal impact statement
60+of the Chief Financial Officer as the fiscal
61+31 impact statement required by section 4a of the General Legislative Procedures Act of 197 5,
62+32 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code§ 1-301.47a). Sec. 4. Effective date. 33
63+ This act shall take effect following approval by the Mayor (or in the event of veto by the 34
64+Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 35
65+90 days, as provided for emergency acts of the Council of the District of Columbia in section 36
66+412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 37
67+D.C. Official Code § 1- 204.12(a)). 38 1
68+
69+GOVERNMENT OF THE DISTRICT OF COLUMBIA
70+Office of Contracting and Procurement
271
372
473
5-1
674
7-AN ACT
75+Pursuant to section 202(c-1) of the Procurement Practices Reform Act of 2010, as amended, D.C.
76+Official Code § 2-352.02(c-1), the following contract summary is provided :
877
9-___________
78+COUNCIL CONTRACT SUMMARY
79+(Retroactive)
80+
81+(A) Contract Number: CW118832
82+
83+Proposed Contractor:
84+ Modaxo Traffic Management USA, Inc.
85+
86+Proposed Contractor’s Principals: William Robert Delaney
87+
88+Contract NTE Amount : $6,034,831.66
89+
90+Unit and Method of Compensation: This is an emergency 120-day contract with
91+payment based on (firm) fixed prices and with a
92+cost reimbursement component for approved
93+expenses.
94+
95+Term of Contract: October 1, 2024, through January 28, 2025
96+
97+Type of Contract: Retroactive
98+
99+Source Selection Method: Emergency
100+
101+(B) For a contract containing option periods, the contract amount for the base period and for
102+each option period . If the contract amount for one or more of the option periods differs from
103+the amount for the base period, provide an explanation of the reason for th e difference:
104+
105+Base Period Amount: $6,034,831.66
106+
107+(C) The goods or services to be provided, the methods of delivering goods or services, and any
108+significant program changes reflected in the proposed contract:
109+
110+The Department of Motor Vehicles ( “DMV”) seeks ticket processing services from Modaxo Traffic
111+Management USA, Inc. in order to continue collecting fines for citations issued by the Metropolitan
112+Police Department ( “MPD”) for traffic violations. The emergency contract will prevent a serious 2
113+
114+interruption to ticket processing services for traffic and parking enforcement, and the associated
115+revenue generation, while the District works to secure a multi- year sole source contract.
116+
117+(D) The selection process, including the number of offerors, the evaluation criteria, and the
118+evaluation results, including price, technical or quality, and past performance components:
119+
120+This emergency contract was not competitively bid.
121+
122+(E) A description of any bid protest related to the award of the contract, including whether the
123+protest was resolved through litigation, withdrawal of the protest by the protestor, or
124+voluntary corrective action by the District. I nclude the identity of the protestor, the grounds
125+alleged in the protest, and any deficiencies identified by the District as a result of the protest:
126+
127+N/A
128+
129+(F) A description of any other contracts the proposed contractor is currently seeking or holds
130+with the District:
131+
132+None
133+
134+(G) The background and qualifications of the proposed contractor, including its organization ,
135+financial stability, personnel, and performance on past or current government or private
136+sector contracts with requirements similar to those of the proposed contract :
137+
138+Modaxo Traffic Management USA, Inc. has the necessary organizational and management
139+expertise to perform the required services. Modaxo Traffic Management USA, Inc. has expert
140+knowledge of the District of Columbia’s ticket processing services. In addition, Modaxo Traffic
141+Management USA, Inc. has no record of debarment or suspension actions at this time based on the
142+federal, state, and District Excluded Parties Lists System.
143+
144+Based on past performance evaluations obtained by the Office of Contracting and Procurement
145+(“OCP”), Modaxo Traffic Management USA, Inc. has provided satisfactory services to the District
146+overall since 2007.
147+
148+(H) The period of performance associated with the proposed change, including the date as of
149+which the proposed change is to be made effective:
150+
151+October 1, 2024, through January 28, 2025
152+
153+(I) The value of any work or services performed pursuant to a proposed change for which the
154+Council has not provided approval, disaggregated by each proposed change if more than one
155+proposed change has been aggregated for Council review:
156+
157+ $6,034,831.66 - RK288102
158+
159+ 3
160+
161+(J) The aggregate dollar value of the proposed changes as compared with the amount of the
162+contract as awarded:
163+
164+No change from the contract award of $ 6,034,831.66
165+
166+(K) The date on which the contracting officer was notified of the proposed change:
167+
168+N/A
169+
170+(L) The reason why the proposed change was sent to Council for approval after it was intended to
171+take effect:
172+
173+This Contract was awarded as an emergency and the current contract extension period expired on
174+September 30, 2024 ( POKV- 2006-C-0064).
175+
176+The vendor was brought out during the extension process and needed to obtain updated compliance
177+documents, which delayed the award process. T he contracting officer moved forward with an
178+emergency contract extension in order to ensure continuity of services. Failure to continue ticket
179+processing services would have impede d the District’s ability to enforce its traffic laws and caused
180+a significant loss a revenue.
181+
182+(M) The reason for the proposed change:
183+
184+OCP, on behalf of DMV, requires the services of Modaxo Traffic Management USA, Inc. to ensure
185+uninterrupted ticket processing services for traffic and parking enforcement.
186+
187+(N) The legal, regulatory, or contractual authority for the proposed change:
188+
189+D.C. Official Code § 2- 354.05; 27 DCMR § 1702 (Emergency Procurements).
190+
191+(O) A certification that the proposed contractor has been determined not to violate section 334a of
192+the Board of Ethics and Government Accountability Establishment and Comprehensive
193+Ethics Reform Amendment Act of 2011, D.C. Official Code § 1- 1163.34a; and (2) A
194+certification from the proposed contractor that it currently is not and will not be in violation
195+of section 334a of the Board of Ethics and Government Accountability Establishment and
196+Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1- 1163.34a:
197+
198+Per an email dated November 19, 2024, Modaxo Traffic Management USA, Inc. has confirmed that
199+they have not been found to have violated Section 334a of the Board of Ethics and Government
200+Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011 ( D.C.
201+Official Code § 1-1163.34a). Additionally, Modaxo Traffic Management USA, Inc. has confirmed
202+that they are not currently and will not be in violation of D.C. Official Code § 1- 1163.34a.
203+
204+(P) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
205+Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended ,
206+D.C. Official Code § 2- 218.01 et seq . (“Act”), including a certification that the subcontracting 4
207+
208+plan meets the minimum requirements of the Act and the dollar volume of the portion of the
209+contract to be subcontracted, expressed both in total dollars and as a percentage of the total
210+contract amount:
211+
212+None
213+
214+(Q) Performance standards and the expected outcome of the proposed contract:
215+
216+The DMV will routinely monitor performance. The expected outcome of the contract is for Modaxo
217+Traffic Management USA, Inc. to provide the District with efficient and cost-effective services.
218+Additionally, due to this contract, the District will continue enforcement activities and processing
219+using an existing interface between MPD and DMV.
220+
221+(R) The amount and date of any expenditure of funds by the District pursuant to the contract
222+prior to its submission to the Council for approval:
223+
224+No expenditure before the submission to the council.
225+
226+(S) A certification that the proposed contract is within the appropriated budget authority for the
227+agency for the fiscal year and is consistent with the financial plan and budget adopted in
228+accordance with D.C. Official Code §§ 47- 392.01 and 47- 392.02:
229+
230+According to the f unding c ertification dated January 27, 2025, DMV has budget authority in the
231+amount of $6,034,830.83 for fiscal year 2025.
232+
233+(T) A certification that the contract is legally sufficient, including whether the proposed
234+contractor has any pending legal claims against the District:
235+
236+The Office of the Attorney General has reviewed the proposed contract for legal sufficiency and
237+certified that it is legally sufficient conditioned upon “legislation authorizing this contract.”
238+
239+The Modaxo Traffic Management USA, Inc. does not currently have any legal claims against the
240+District.
241+
242+(U) A certification that the Citywide Clean Hands database indicates that the proposed contractor
243+is current with its District taxes. If the Citywide Clean Hands Database indicates that the
244+proposed contractor is not current with its District taxes, either (1) a certification that the
245+contractor has worked out and is current with a payment schedule approved by the District
246+or (2) a certification that the contractor will be current with its District taxes after the District
247+recovers any outstanding debt as provided under D.C. Official Code § 2 -353.01(b):
248+
249+According to the District’s Clean Hands Certification dated November 18, 2024, Modaxo Traffic
250+Management USA, Inc. is current with its District taxes.
251+
252+(V) A certification from the proposed contractor that it is current with its federal taxes or has
253+worked out and is current with a payment schedule approved by the federal government: 5
10254
11255
12-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
256+Modaxo Traffic Management USA, Inc. has certified that they are current with their federal taxes.
13257
14-___________
258+(W) The status of the proposed contractor as a certified local, small, or disadvantaged business
259+enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
260+Development and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq .:
261+
262+Modaxo Traffic Management USA, Inc., is not a certified local, minor, or disadvantaged business
263+enterprise.
264+
265+(X) Other aspects of the proposed contract that the Chief Procurement Officer considers
266+significant:
267+
268+None.
269+
270+(Y) A statement indicating whether the proposed contractor is currently debarred from providing
271+services or goods to the District or federal government, the dates of the debarment, and the
272+reasons for debarment:
273+
274+Modaxo Traffic Management USA, Inc. has no record of debarment or suspension actions based on
275+the Federal System for Award Management report, dated October 8, 2024, or the District Excluded
276+Parties Lists System, as of October 8, 2024.
277+
278+(Z) Any determination and findings issues relating to the contract’s formation, including any
279+determination and findings made under D.C. Official Code § 2-352.05 (privatization
280+contracts):
281+
282+Determination and Findings for an Emergency Justification.
283+Determination and Findings for Contractor Responsibility.
284+Determination and Findings for Price Reasonableness.
285+Determination and Findings for Cost Reimbursement.
286+
287+(AA) Where the contract and any amendments or modifications, if executed, will be made
288+available online:
289+
290+ OCP Website: ocp.dc.gov
15291
16292
17-To approve, on an emergency basis, Contract No. CW118832 with Modaxo Traffic Management
18-USA, Inc., and to authorize payment for the goods and services received and to be
19-received under the contract.
293+(BB) Where the original solicitation and any amendments or modifications will be made available online:
20294
21- BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
22-act may be cited as the “Contract No. CW118832 with Modaxo Traffic Management USA, Inc.,
23-Approval and Payment Authorization Emergency Act of 2025”.
24-
25- Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act, approved
26-December 24, 1973 (87 Stat. 803; D.C. Official Code § 1- 204.51), and notwithstanding the
27-requirements of section 202 of the Procurement Practices Reform Act of 2010, effective April 8,
28-2011 (D.C. Law 18- 371; D.C. Official Code § 2- 352.02), the Council approves Contract No.
29-CW118832 with Modaxo Traffic Management USA, Inc ., and authorizes payment in the not -to-
30-exceed amount of $6,034,831.66 for the goods and services receive d and to be received under the
31-contract .
32-
33- Sec. 3. Fiscal impact statement.
34- The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
35-impact statement required by section 4a of the General Legislative Procedures Act of 1975,
36-approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
37-
38- Sec. 4. Effective date.
39- This act shall take effect following approval by the Mayor (or in the event of veto by the
40-Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
41-90 days, as provided for emergency acts of the Council of the District of Columbia in section
295+OCP Website: ocp.dc.gov
42296
43297
44-
45- ENROLLED ORIGINAL
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330+ GOVERNMENT OF THE DISTRICT OF COLUMBIA
331+ DEPARTMENT OF MOTOR VEHICLES
46332
47333
334+MEMORANDUM
48335
49-2
50336
51-412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
52-D.C. Official Code § 1- 204.12(a)).
337+ To: Nancy Hapeman
338+ Chief Procurement Officer
339+ Office of Contracting and Procurement
340+
341+From: Shaniqua Richardson
342+Budget Officer
343+Department of Motor Vehicles
344+OCFO – Government Service Cluster
345+Date: January 27, 2025
346+
347+Subject:
348+
349+FY25 Funding Certification – Ticket Processing Contract
350+(CW118832)
351+
352+
353+This memorandum certifies that the Department of Motor Vehicles has budget authority in
354+the amount of
355+$6,034,831.66 for FY 2025 to fund the Ticket Processing 120-day emergency contract
356+extension with Modaxo Traffic Management USA, Inc., Contract No. CW118832. The
357+time period for the emergency contract is from October 1, 2024 through January 28,
358+2025.
359+
360+If you have any questions or require additional information, please call Shaniqua
361+Richardson via MSTeams.or email at shaniqua.richardson@dc.gov.
53362
54363
55364
56365
57366
58367
59-___________________________________
60-Chairman
61-Council of the District of Columbia
368+ cc: Gabriel Robinson, Agency Director – DMV
369+Wanda Butler, Adjudication Administrator - DMV
370+Karen Tate, Quality Program Officer – DMV
371+Heather Reynolds, Supervisory Contract Specialist - OCP 95 M Street, SW, Suite 300, Washington, DC 20024 – 202-727-2200
372+ 1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 735-7589 Email: benjamin.moskowitz1@dc.gov
373+GOVERNMENT OF THE DISTRICT OF COLUMBIA
374+OFFICE OF THE ATTORNEY GENERAL
375+Legal Counsel Division
376+MEMORANDUM
377+TO:
378+FROM:
379+DATE:
380+RE:
381+Tomás Talamante
382+Director
383+Office of Policy and Legislative Affairs
384+Ben Moskowitz
385+Assistant Deputy
386+Attorney G eneral
387+Legal Counsel Division
388+ December 2, 2024
389+Legal
390+Sufficiency R eview of the “Contract No. CW118832 with Modaxo Traffic
391+Management USA, Inc. Approval and Payment Authorization Emergency Act
392+of
393+2025” and Accompanying Declaration Resolution
394+(AE-24-626)
395+
396+_____________________________________________________________________________________
397+This is to Certify that the Office of the Attorney General has reviewed the
398+above-referenced legislation and determined that it is legally sufficient. If you have any questions,
399+please do not hesitate to call me at (202) 735-7589.
400+
401+_________________________________
402+B
403+en Moskowitz AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT
404+1. Contract Number Page of Pages
405+CW118832 1 3
406+2. Amendment/Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Solicitation Caption
407+MOD 001 See box 16C. N/A
408+Ticket and Adjudication
409+Services System
410+6. Issued by: Code 7. Administered by (If other than line 6)
411+Office of Contracting and Procurement
412+441 4
413+th
414+ Street NW, Suite 700S
415+Washington, DC 20001
416+DC Department of Motor Vehicles
417+95 M Street, SW, 3rd Floor
418+Washington, DC 20024
419+8. Name and Address of Contractor (No. Street, city, county,
420+state, and zip code)
421+Modaxo Traffic Management USA, Inc.
422+1110 Continental PL NE
423+Cedar Rapids, IA 52402
424+
425+9A. Amendment of Solicitation No.
426+9B. Dated (See Item 11)
427+X
428+10A. Modification of Contract/Order No.
429+CW118832
430+Code Fac ility
431+10B. Dated (See Item 13)
432+9/30/2024
433+11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
434+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.
435+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:
436+(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
437+submitted; or (c) BY separate letter or fax which includes a reference to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGMENT TO
438+BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS BEFORE THE HOUR AND DATE SPECIFIED MAY RESULT IN THE
439+REJECTION OF YOUR OFFER. If by virtue of this amendment, you desire to change an offer already submitted, such may be made by letter or fax, provided
440+each letter or telegram makes reference to the solicitation and this amendment and is received prior to the opening hour and date specified.
441+12. Accounting and Appropriation Data (If Required)
442+13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS,
443+IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
444+A. This change order is issued pursuant to (Specify Authority): 27 DCMR, Chapter 36, Contract Modifications
445+The
446+changes outlined in Item 14 are made in the contract/order no. in Item 10A.
447+X
448+B. The above-numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriat ion data
449+etc.) set forth in item 14, pursuant to the authority of 27 DCMR, Chapter 36, Section 3601.2.
450+C. This supplemental agreement is entered into pursuant to the authority of:
451+D. Other (Specify the type of modification and authority)
452+E. IMPORTANT: The Contractor is not is Required to sign this document.
453+14. Description of Amendment/Modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
454+The contract CW118832 for the Ticket and Adjudication Services System is hereby modified as follows:
455+1.Section B.3.1 of the Emergency contract is updated to remove the word estimated from all CLINs as described in
456+Attachment A.
457+2. Except as provided herein, all terms and conditions of the contract remain unchanged.
458+15A. Name and Title of Signer (Type or print) Scott Winks 16A. Name of Contracting Officer
459+Derrick White
460+15B. Name of Contractor
461+(Signature of person authorized to sign)
462+15C. Date Signed 16B. District of Columbia
62463
63464
465+(Si
466+gnature of Contracting Officer)
467+16C. Date Signed
64468
65469
470+Derrick White:
471+NIGP-CPP, CFCM,
472+CCCM
473+Digitally signed by Derrick
474+White: NIGP-CPP, CFCM,
475+CCCM
476+Date: 2024.12.10 16:03:12
477+-05'00'
478+12 Dec 2024
479+Modaxo Traffic
480+Management
481+USA, Inc.
482+Attachment A
66483
67-_________________________________
68-Mayor
69-District of Columbia
484+B.1 PRICE SCHEDULE - EMERGENCY CONTRACT
485+
486+B.1.1 EMERGENCY CONTRACT- 120 days
487+
488+
489+CLIN
490+
491+Item Description
492+
493+UoM
494+
495+Quantity
496+Unit Price Total Amount
497+0001 Ticket Processing
498+0001AA First 100,000 (Month) per month 400,000 $ 2.99 $1,196,000.00
499+0001AB
500+Void and warning
501+tickets (Parking and
502+moving)
503+per month
504+0
505+
506+$ -
507+
508+$ -
509+0001AC Photo warning tickets per month 0 $ 2.46 $ -
510+0001AD
511+100,001 - 200,000
512+(Month)
513+per month
514+400,000 $ 2.78 $1,112,000.00
515+0001AE
516+200,001 - 300,000
517+(Month)
518+per month
519+
520+400,000
521+
522+$ 2.62
523+
524+$1,048,000.00
525+0001AF Over 300,000 per month
526+
527+582,000
528+
529+$ 2.49
530+
531+$1,449,180.00
532+ Subtotal Ticket
533+Processing Count and
534+Fee
535+
536+Subtotal
537+1,782,000
538+
539+
540+$4,805,180.00
541+0002
542+DMV Special Project
543+Programming
544+hours
545+300 Included
546+
547+
548+ Reimbursable Ceiling $1,229,651.66
549+ Grand Total $6,034,831.66
70550