MURIEL BOWSER
MAYOR
June 27, 2022
The 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 of 2010 (D.C. Official Code
2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is
proposed Contract No. DCAM-21-CS-RFP-0017 with Gilbane Building Company. The proposed
contract provides for an initial not-to-exceed amount of $4,992,986 (including $995,000, the letter
contract amount). The projects substantial completion date is July 15, 2024.
Under the proposed contract, Gilbane Building Company will provide the preliminary scope of
work for the design-build services for the modernization of Aiton Elementary School. The
proposed contracts initial not-to-exceed amount of $4,992,986 includes trade costs for interior
demolition, full abatement, general conditions cost, design fees, owner allowances, and soft costs
for anticipated items prior to finalizing the guaranteed maximum price package for the project.
I am 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 contact Keith A. Anderson, Director
of the Department of General Services (DGS), or George G. Lewis, DGS Chief of Contracts
and Procurement at (202) 727-2800.
I look forward to the Councils favorable consideration of this contract.
Sincerely,
Muriel Bowser
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
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
(Letter Contract)
Design-Build Agreement for Aiton Elementary School
(A) Contract Number: DCAM-21-CS-RFP-0017 (the Contract)
Proposed Contractor: Gilbane Building Company (the
Contractor)
Contract Amount: Initial not-to-exceed (NTE) amount of
$4,992,986 (includes $995,000 under the
Letter Contract)
Unit and Method of Compensation: Progress payments on a monthly basis
Term of Contract: From April 12, 2022 (the date of execution of
the Letter Contract by the Department) to
March 15, 2026 (Administrative Term Date),
with a Substantial Completion Date of July
15, 2024.
Type of Contract: Cost Plus Fixed Fee with a Guaranteed
Maximum Price (GMP)
Source Selection Method: Competitive Request for Proposals
(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:
N/A
(C) The date on which the letter contract or emergency contract was executed:
The Notice to Proceed & Letter Contract (Letter Contract) was executed on April 12,
2022.
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(D) The number of times the letter contract or emergency contract has been extended:
None.
(E) The value of the goods and services provided to date under the letter contract or
emergency contract, including under each extension of the letter contract or
emergency contract:
The total value of the services provided to date is $995,000, which represents the initial
NTE amount established by the Letter Contract.
(F) The goods or services to be provided, the methods of delivering goods or services, and
any significant program changes reflected in the proposed contract:
If approved, the Contract will authorize the Contractor to provide design-build services for
the modernization of Aiton Elementary School, which is located at 533 48th Place NE,
Washington, DC 20019 (the Project). The Project will be completed in two
modernization phases: (i) the design and preconstruction phase; and (ii) the construction
phase. The project's substantial completion shall occur on or by July 15, 2024.
The proposed Contracts NTE amount of $4,992,986 is an early release of funds to
complete the preliminary scope of work to include costs for demolition, abatement, full
building decommissioning, general conditions cost, design fees, owner allowances, and
soft costs for anticipated items prior to finalizing a GMP package for the Project.
(G) The selection process, including the number of offerors, the evaluation criteria, and
the evaluation results, including price, technical or quality, and past performance
components:
On October 19, 2021, the Department issued a Request for Proposals ("RFP") to engage a
design-builder for the modernization of Aiton Elementary School, located at 533 48th Place
NE, Washington, DC.
The RFP was posted on the Departments website on October 19, 2021, and a Pre-Proposal
Conference was held on October 21, 2021. The Proposal Due Date was initially set for
November 19, 2021, and was extended to December 3, 2021. There were six (6) Addenda
issued to this RFP:
Addendum No. 1- Issued on October 27, 2021:
Provided business cards from the pre-proposal Conference held on October 21,
2021.
Provided the sign-in sheets from the site visit held on October 25, 2021, at Aiton
Elementary School.
Updated Attachment Y (Existing Building Roof Assessment Report) of the RFP.
Updated Attachment B (Appendix A, B & C) of the RFP.
Revised section 1.5.1 of the RFP.
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Addendum No. 2- Issued on November 8, 2021:
Provided Questions and Answers.
Incorporated additional drawings to Attachment X (Existing Drawing) of the
RFP.
Addendum No. 3- Issued on November 10, 2021:
Added a new paragraph to section 2.9 (Project Close-out) of the RFP.
Revised section 4.2 (Subcontracting Plan) of the RFP.
Provided the revised Attachment I (SBE Subcontracting Plan) of the RFP.
Addendum No. 4- Issued on November 18, 2021:
Revised the title of Item No 2 on Addendum No. 3 of the RFP.
Extended the proposal due date to November 29, 2021, at 2:00 PM.
Incorporated new technical specification and HVAC OPRs to Attachment B
(DCPS Elementary Program Educational Specification) to the RFP.
Addendum No. 5- Issued on November 23, 2021:
Revised the link for the new technical specifications and HVAC OPRs to
Attachment B (DCPS Elementary Program Education Specifications) of the RFP.
Incorporated Attachment M (Form of Contract) to the RFP.
Incorporated Attachment N (Form of Notice to Proceed and Letter Contract) to
the RFP.
Extended the proposals due date to December 1, 2021, at 2:00 p.m.
Addendum No. 6- Issued on December 1, 2021:
Extended the proposals due date to December 3, 2021, at 2:00 p.m.
Proposal Submissions:
On the Proposal due date, December 3, 2021, the following six (6) firms collectively, the
"Offerors" and each individually, an ("Offeror"), submitted proposals.
Technical Evaluation Process:
Each Offerors technical proposal was independently evaluated by a technical evaluation
panel (Panel). A kick-off meeting was held with the Panel on December 13, 2021. The
kick-off meeting established a schedule for evaluating proposals and discussed in detail the
roles and responsibilities of the Panel. In addition, each Panel member completed the
required disclosure agreement and confidentiality agreement. Prior to convening for the
evaluation meeting, each member of the Panel individually completed an evaluation of the
proposals.
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Consensus Meeting:
After the Panel members had completed their individual evaluations of the proposals, the
Panel met on December 19, 2021, to develop a consensus technical score and supporting
written narrative for each Offeror. In developing the consensus score, the Panel discussed
the details of each proposal in light of the evaluation factors and subfactors.
Contracting Officers Independent Evaluation:
The Departments Contracting Officer carefully reviewed each of the proposals and
independently rated each Offeror. He further carefully reviewed the evaluation process
followed by the Panel, their notes and scoresheets, and their final consensus technical
evaluation and concluded that the Panels technical evaluations of the proposed Offerors
were proper and reasonable.
Certified Business Enterprise Preference Points:
In addition to the price and technical scoring, a certain number of points were available for
each Offeror based on its status as a Certified Business Enterprise (CBE) as determined
by the Department of Small and Local Business Development (DSLBD). The Contractor
was so certified and received points accordingly.
Determination of a Fair and a Reasonable Price:
When the total points for all three components (technical, price, and CBE preference) were
combined, the Contractor was the highest-ranked Offeror.
The Contracting Officer examined the fee/price proposal submitted by the Contractor and
determined that the overall proposed fees/price offered by the Contractor is within the IGE
and is fair and reasonable and accordingly a mutually satisfactory Contract was
successfully concluded with the Contractor.
Contract Award:
By the award memorandum executed on February 24, 2022, the Department awarded
Contract No. DCAM-21-CS-RFP-0017 to the Contractor, as such award would be most
advantageous to the District.
(H) 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:
The award of the Contract was not protested.
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(I) 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 is recognized as an industry leader that delivers innovative building
solutions from state-of-the-art sustainable buildings to the latest applications in
construction technology.
The Contractor possesses the financial stability to successfully perform the Project and has
provided a staffing plan for the Project which has been reviewed and approved by the
Department. The Contractor has been determined responsible in accordance with 27
DCMR 4706.1.
(J) 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:
Pursuant to D.C. Official Code 2-218.46(d-1), the Contractor shall submit a detailed
subcontracting plan to DSLBD that meets the requirements of D.C. Official Code 2-
218.46(d), before entering into a guaranteed maximum price.
(K) Performance standards and the expected outcome of the proposed contract:
The Contractor is required to provide all design, preconstruction, and construction services,
and other services necessary to substantially complete the Project no later than July 15,
2024. In general, the Contractor must perform the requirements contained in the Contract
and meet or exceed the performance standards therein. The Contractor is subject to
liquidated damages of $500 per day of delay for failure to timely achieve substantial
completion of the Project. The Contract also provides a disincentive fee of $25,000 for the
replacement of key personnel without the Departments prior approval and not as a penalty,
to reimburse the Department for its administrative costs arising from the Contractors
failure to provide the key personnel.
(L) 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:
The Letter Contract executed by the Department on April 12, 2022, provides for an initial
NTE amount of $995,000, representing the total expenditure of funds authorized to date.
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(M) 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 Office of the Chief Financial Officer has certified that the proposed Contracts NTE
amount is consistent with the Departments budget and that adequate funds are available
in the Departments budget in accordance with D.C. Official Code 47-392.01 and 47-
392.02. The applicable Fiscal Sufficiency certification accompanies this Council Package.
(N) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
The proposed Contract has been deemed legally sufficient by the Departments Office of
the General Counsel and the Contractor does not appear to have any currently pending legal
claims against the District.
(O) 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 Citywide Clean Hands database indicates that the Contractor is in compliance with the
Government of the District of Columbia tax laws and regulations. The applicable Clean
Hands certification for the Contractor accompanies this Council Package.
(P) 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.
(Q) 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.:
According to the DSLBDs website, the Contractor is not a certified Local, or Resident
Owned Business Enterprise.
(R) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None.
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(S) 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 from providing services to the Government of the District
of Columbia or the Federal Government according to the Office of Contracts &
Procurements Excluded Parties List and the Federal Governments Excluded Parties List.
(T) 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):
None.
(U) Where the contract, and any amendments or modifications, if executed, will be made
available online:
Contract award information is available on the DGS web page. The contract will be made
available on the DGS website upon approval.
(V) Where the original solicitation, and any amendments or modifications, will be made
available online:
The original solicitation and any amendments have been posted on the DGS website.
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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: May 11, 2022 Notice Number: L0007567601
GILBANE BUILDING COMPANY FEIN: **-***5530
7 JACKSON WALKWAY Case ID: 1187119
PROVIDENCE RI 02903-3638
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 Marc Aronin
Chief, Collection Division
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
DEPARTMENT OF GENERAL SERVICES
Memorandum
To: Keith A. Anderson
Director
From: Antoinette Hudson Beckham
Agency Fiscal Officer
Reference: Proposed Contract No. (DCAM-21-CS-RFP-0017) Design-Build Services