MURIEL BOWSER
MAYOR
June 13, 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 of 2010 (D.C. Official Code §
2-352.02), enclosed for consideration and approval by the Councilof the District of Columbia is
proposed Modification No. 2 to Contract No. DCAM-21-CS-RFP-0019 with MCN Build, Inc. If
approved, Modification No. 2 will increase the contract’s not-to-exceed amount by
$53,355,201.00, from $43,975,624.00 to $97,330,825.00.
The underlying contract was deemed approved by the Council on June 18, 2022, as CA24-0543,
as an carly start agreement to complete the preliminary scope of work, including demolition,
abatement, full building decommissioning, general conditions, civil, architectural, electrical,
structural, and mechanical design services as required for the modernization and addition of School
Without Walls at Francis Stevens Education Campus. Modification No. 1 to the underlying
contract was deemed approved by the Council on November 10, 2022, as CA24-0708, as an early
start agreement No. 2 to fully fund the design and allow for early construction work, including
early work on the superstructure and framing, exterior fagade, shop drawing coordination and long
ead equipment for MEP systems, and other long lead building materials such as doors, frames,
and windows as part ofthe modernization project.
Under proposed Modification No. 2, MCN Build, Inc. will provide the necessary design-build
services required to complete the modernization and addition of School Without Walls at Francis
Stevens Education Campus. The substantial completion date for the project is July 29, 2024.
If you have any questions regarding the proposed contract modification, please contact Delano
Hunter, Acting Director of DGS, or George G. Lewis, DGS” Chiefof Contracts and Procurement,
at (202) 727-2800.
look forward to the Council’s favorable considerationofthis contract.
Sincerely,
Muridl Bower
 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
(Contract)
Modification No. 2 to Design-Build Agreement for School Without Walls at Francis Stevens
Education Campus
(A) Contract Number: DCAM-21-CS-RFP-0019 (the “Contract”)
Contractor: MCN Build, Inc. (the “Contractor”)
Proposed Increased Contract Amount
Via Modification No. 2: $53,355,201.00
Total Contract Amount (Final GMP): $97,330,825.00
Unit and Method of Compensation: Progress payments on a monthly basis.
Term of Contract: April 1, 2022 (the date of execution of the
Letter Contract by the Department) to July
29, 2024 (the “Substantial Completion
Date”).
Note: Council approval is requested on or
before June 30, 2023, in order to timely
complete the Project.
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
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(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 Department of General Services (the “Department”) engaged the Contractor to provide
design-build services for the modernization of School Without Walls at Francis Stevens
Education Campus (the “Project”). The Project will be completed in two (2) phases: (i) the
design and preconstruction phase; and (ii) the construction phase. The substantial
completion date for the project is July 29, 2024.
The Project includes all work and construction services required for the modernization of
School Without Walls at Francis Stevens Education Campus, including site demo,
concrete, masonry, metals, roofing, fireproofing, openings, finishes, specialties,
equipment, furnishing, plumbing, HVAC, electrical, communication & security, exterior
improvements, earthwork, and site utilities as required for the modernization of School
Without Walls at Francis Stevens Education Campus.
The Contract was deemed approved by the Council on June 18, 2022 as CA24-0543, as an
early start agreement to complete the preliminary scope of work. Modification No. 1 to the
Contract was deemed approved by the Council on November 10, 2022 as CA24-0705, as
an early start agreement #2 to fully fund the design and allow for early construction work,
including early work on the superstructure and framing, exterior façade, shop drawing
coordination and long lead equipment for MEP systems, and other long lead building
materials such as doors, frames, and windows as part of the Project.
The Department seeks Council approval to execute proposed Modification No. 2 to
establish the Guaranteed Maximum Price (“GMP”). If approved, Modification No. 2 will
establish the final GMP of $97,330,825.00, thereby increasing the Contract’s value by
$53,355,201.00 (from $43,975,624.00 to $97,330,825.00), with a not-to-exceed (“NTE”)
amount of $97,330,825.00. As the proposed Modification No. 2 would increase the
Contract value by more than $1 million, Council approval is required for this contract
action.
(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 underlying Contract was competitively bid and previously submitted to and approved
by the Council (CA24-0543) on June 18, 2022. Additionally, Modification No. 1 was
deemed approved by the Council on November 10, 2022, as CA24-0705, increasing the
NTE amount to $43,975,624.00.
(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
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 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.
(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:
The Contractor is a Washington, DC-based general contractor that offers preconstruction,
construction management, general contracting and consulting services. The Contractor was
formed in 2006 and has successfully completed multiple school modernizations for the
Department including, most recently, Hendley Elementary School and Reno-Rose School.
The Contractor has also performed work on Maury Elementary School, MacFarland
Middle School, Hyde-Addison Elementary School, and Murch Elementary School on
scales and scopes on par with the Project. The Contractor also provided design-build
services for the renovation and expansion of the Palisades Recreation Center and
construction management services for the construction of the new Marvin Gaye Recreation
Center and Trail.
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.
(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 Contractor is a certified business enterprise in accordance with the Act (CBE Number:
LR17456042025). Pursuant to D.C. Code § 2-218.46 (d-1), the Contractor shall submit a
detailed subcontracting plan to DSLBD that meets the requirements of D.C. Code § 2-
218.46(d), before entering into a guaranteed maximum price the Contractor submitted a
subcontracting plan as follows:
Contract’s NTE Dollar Value $97,330,825.00
Subcontracting Requirement % 35%
Subcontracting Plan Required Dollar Value $34,065,788.80
Subcontracting Plan Actual Dollar Value $35,429,044.00
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(H) 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 29,
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 Department’s prior approval and not as a penalty,
to reimburse the Department for its administrative costs arising from the Contractor’s
failure to provide the Key Personnel.
(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.
(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:
The Office of the Chief Financial Officer has certified that the proposed increase to the
Contract’s Initial NTE is consistent the Department’s budget and that adequate funds are
available in the Department’s budget in accordance with §§47-392.01 and 47-392.02. The
applicable Fiscal Sufficiency certification accompanies this Council Package.
(K) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
The proposed Modification No. 2 has been deemed legally sufficient by the Department’s
Office of the General Counsel and the Contractor does not appear to have any currently
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 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.
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(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 has certified that it is current with its federal taxes.
(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.:
According to the DSLBD’s website, the Contractor is a certified Local, and Resident
Owned Business Enterprise. The Contractor’s CBE Number is LR17456042025, with an
expiration date of April 18, 2025.
(O) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
N/A
(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 from providing services to the Government of the District
of Columbia or the Federal Government according to the Office of Contracts &
Procurement’s Excluded Parties List and the Federal Government’s Excluded Parties List.
(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):
N/A
(R) Where the contract, and any amendments or modifications, if executed, will be made
available online:
Contract award information is available on the Department’s website. Copies of contract
documents will be made available upon request.
(S) 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 Department’s
website.
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(T) A certification that the proposed contractor has not been determined to be in violation
of D.C. Official Code § 1-1163.34a:
N/A. This Contract was executed prior to the November 9, 2022 effective date of D.C. Law
22-250.
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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 30, 2023 Notice Number: L0009626310
MCN BUILD INC FEIN: **-***3429
1214 28TH ST NW Case ID: 1535504
WASHINGTON DC 20007-3315
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
DEPARTMENT OF GENERAL SERVICES
Memorandum
To: Delano Hunter
Acting Director
From: Antoinette Hudson - Beckham
Agency Fiscal Officer
Reference: Proposed Modification No. 2 to Contract No. DCAM-21-CS-RFP-0019
Design-Build Services for School Without Walls at Francis Stevens Education
Campus
Date: May 9, 2023
Subject: Fiscal Sufficiency Review
In my capacity as the Agency Fiscal Officer of the Department of General Services (the “Department”),
I hereby certify that Modification No. 2 (GMP Amendment) to the Agreement for Design Build Services
for School Without Walls at Francis Stevens Education Campus (DCAM-21-CS-RFP-0019), with
MCN Build, Inc., in the amount of $97,330,825.00, with a Not-to-Exceed (“NTE”) amount of
$97,330,825.00, including $43,975,624.00 (Early Start Agreement No. 1, Letter Contract and Early
Start Agreement No. 2 Amounts), is consistent with the Department’s current budget and adequate funds
are available in the budget for the expenditure.
Per the Department of General Services Contracts & Procurement (“C&P”) team, the underlying
Contract was deemed approved by the Council on June 18, 2022, as (CA24-0543), with an initial Not-
to-Exceed amount of $7,073,648.00 ($995,000.00 Letter Contract amount and $6,078,648.00 as the
Early Start Agreement No. 1 amount). Additionally, Modification No. 1 was deemed approved by the
Council on November 10, 2022, as (CA24-0705) as Early Start Agreement No. 2, with a Not-to-
Exceed amount of $43,975,624.00.
Per C&P, the proposed Modification No. 2 will establish the final guaranteed maximum price
(“GMP”) of $97,330,825.00, thereby increasing the Contract’s Value by $53,355,201.00 (from
$43,975,624.00 to $97,330,825.00.00), with a NTE amount of $97,330,825.00.
While funding in the amount of $97,330,825.00 is being certified for capital eligible items
only, there is an ineligible amount of $461,037.00 listed in Exhibit H of the Contract. See
the non-capital column and associated items. These items are ineligible for capital
expenditure, per the District Capital Guidelines. The goods/services are needed in FY2024.
There should be no purchases, commitments or expenditures for these items, until operating
funds are available, via a purchase o