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 202of the Procurement Practices Reform Actof 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-0013 with MCN Build, Inc. If
approved, Modification No. 2 will increase the contract’s not-to-exceed amount by $41,104,380,
from $17,696,557 to $58,800,937.
The underlying contract was deemed approved by the Council on December 9, 2022, as CA24-
0745, as an early start agreement to complete the preliminary scopeof work including demolition,
costs for submittals, shop drawings, building information modeling, coordination for long lead
items, general conditions cost, design fees, allowances, and soft costs for the modernization of
Garfield Elementary School.
Under proposed Modification No. 2, MCN Build, Inc. will complete all design and construction
work required to complete the modernization of Garfield Elementary School. The substantial
completion date for the project is July 15, 2024.
If you have any questions regarding this contract modification, please contact Delano Hunter,
Acting Director
ofthe Department of General Services (“DGS”), or have yourstaff contact George
G. Lewis, DGS’sChief of Contracts and Procurement, at (202) 727-2800.
I look forward to the Council’s favorable considerationofthis contract modification.
Sincef¥ly,
Murid! Bowyer
 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
(Standard)
Modification No. 2 to Design-Build Agreement for Garfield Elementary School
(A) Contract Number: DCAM-21-CS-RFP-0013 (the “Contract”)
Contractor: MCN Build, Inc. (the “Contractor”)
Proposed Increased Contract Amount
via Modification No. 2: $41,104,380.00
Total Contract Amount (Final GMP): $58,800,937.00
Unit and Method of Compensation: Progress payments on a monthly basis
Term of Contract: January 24, 2022 (date of execution of the Letter
Contract by the Department) to October 15, 2025
(Administrative Term), with a Substantial
Completion Date of July 15, 2024.
Note: Council approval is requested on or before
June 10, 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
1
(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 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 Garfield Elementary School, located at 2435 Alabama
Avenue SE, Washington, DC 20007 (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 of the Project shall occur on or by July 15, 2024.
The Project includes all work and construction services required for the renovation and
modernization of Garfield Elementary School, including general conditions, design contingency,
construction contingency, and design development documents for a full renovation and addition.
The modernization of the school also includes the renovation of an existing Historic building, the
renovation of the existing 1950s building, and the addition of a new building with an atrium. The
approximate square footage of the new facility is 73,000 square feet and includes significant site
improvements and NetZero components.
The underlying Contract was deemed approved by the Council on December 9, 2022, as CA24-
0745 with a not-to-exceed (“NTE”) amount of $5,393,069.00, including a $995,000.00 Letter
Contract amount. Modification No. 1 was a second early start agreement and increased the NTE
amount by $12,303,488.00, from $5,393,069.00 to $17,696,557.00.
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 $58,800,937.00, thereby increasing the Contract’s value by $41,104,380.00 (from
$17,696,557.00 to $58,800,937.00), with a NTE amount of $58,800,937.00. 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 as CA24-0745 on December 9, 2022.
2
(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:
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 construction
management, general contracting for institutional, schools health care facilities, and consulting
services. The Contractor has experience in historic preservation, rehabilitation, and new
construction. The Contractor was established on June 5, 2007, and has successfully completed
multiple school modernizations for the Department including, most recently, the Capitol Hill
Montessori at Logan Campus. The Contractor also provided design-build services for the
renovation and expansion of the MacFarland Middle School, Hyde-Addison Elementary School,
Jesse Reno Rose School, Maury Elementary School, Jefferson Middle School, Kimball
Elementary School, and Thaddeus Stevens School.
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 $58,800,937.00
Subcontracting Requirement % 35%
Subcontracting Plan Required Dollar Value $20,580,328.00
Subcontracting Plan Actual Dollar Value $30,037,241.85
3
(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 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 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 Contract’s NTE amount
is consistent with the Department’s budget and that adequate funds are available in the
Department’s budget in accordance with D.C. Official Code §§ 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 current 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.
4
(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 tax laws.
(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:
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 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):
None.
(R) Where the contract, and any amendments or modifications, if executed, will be made
available online:
The Contract award and the Contract are available on the Department’s website. A copy of the
proposed modification will be made available on the Department’s website upon approval.
(S) Where the original solicitation, and any amendments or modifications, will be made
available online:
The original solicitation and any amendments were posted on the Department’s website.
5
(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.
6
 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 4, 2023 Notice Number: L0009381937
MCN BUILD INC FEIN: **-***3429
1214 28TH ST NW Case ID: 1484118
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 Contract No. (DCAM-21-CS-RFP-0013) Design-Build Services for
Garfield Elementary School
Date: May 4, 2023
Subject: Fiscal Sufficiency Review
In my capacity as the Agency Fiscal Officer of the Department of General Services (the “Department”),
I hereby certify Modification No. 2 (GMP Amendment) to the Agreement for Design Build Services for
Garfield Elementary School (DCAM-21-CS-RFP-0013), with MCN Build, Inc. in the amount of
$58,800,937.00, with a Not-to-Exceed (“NTE”) amount of $58,800,937.00, including $17,696,557.00
(Early Release 1 and 2, and Letter Contract Amounts). The NTE amount of $58,800,937.00 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 December 9, 2022, as (CA24-0745), with an initial
NTE amount of $17,696,557.00 (including $995,000.00 Letter Contract amount, $ 4,398,069.00 Early
Start Agreement #1 and 12,303,488.00 Early Start Agreement # 2).
Per C&P, the proposed Modification No. 2 will establish the final guaranteed maximum price
(“GMP”) of $58,800,937.00, thereby increasing the Contract’s Value by $41,104,380 (from
$17,696,557.00 to $58,800,937.00), with a NTE amount of $58,800,937.00.
While a total amount of $58,800,937.00 is being certified for capital eligible items only, there
is an ineligible amount of $444,861.00, listed in Exhibit H of the contract. See the non-capital
expenditures 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 order for the same amount.
The Department of General Services (DGS – Implementing AGY) has $37,196,557.00 in the District
of Columbia Public Schools (DCPS – Owner AGY) cumulative capital budget authority balance
through FY23. The remaining $21,604,380.00 is contingent upon the FY24 capital budget load. Per
the FY23 – FY28 approved CIP, Garfield Elementary School will receive an additional
$23,582,603.00 in FY24.
 $37,196,557.00 (authority through FY23) + $21,604,380.00 (FY24) = $58,800,937.00
The DIFS/PASS information is listed below/attached.
Project Fund Detail Imp. Owner RK/PO Amount Comme
Number Project Name AY Agency Agency nts
YY182C GARFIELD ES 2008 0300 AM0 GA0 PO658780 $995,000.00 Letter
RENOVATION/MOD Contract
ERNIZATION
YY182