MURIEL BOWSER
MAYOR
June 29, 2023
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
Modification No. 2 to Contract No. DCAM-20-CS-RFQ-0001AB with KONSTRUCTURE, LLC to
exercise option year two of the contract in the not-to-exceed amount of $5,000,000. The
September 21, 2023 through September 20, 2024.
Under the proposed modification, KONSTRUCTURE, LLC will continue to provide on-call
construction, repair, and replacement services at schools, parks, recreation facilities, municipal
buildings, fire and police stations, short-term family housing units, and other public locations under
If you have any questions regarding the proposed contract modification, please contact Delano
Contracts and Procurement, at (202) 727-2800.
I look forward to t
Sincerely,
Muriel Bowser
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
____________________________________________________________________________________
Pursuant to section 202(c-3) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c-3), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Options)
Proposed Modification No. 2 to Contract No. DCAM-20-CS-RFQ-0001AB for On-Call
Construction, Repair and Replacement (“CRR”) Services
Exercise of Option Year 002
(A) Contract Number: DCAM-20-CS-RFQ-0001AB
Modification No. 2 to exercise Option Year 002
Proposed Contractor: KONSTRUCTURE, LLC (the “Contractor”)
Proposed Contract Amount
(Option Year 002): Guaranteed Minimum: $50
Not-to-Exceed (“NTE”) Amount: $5,000,000
Term of Contract
(Option Year 002): September 21, 2023 through September 20, 2024
Type of Contract: Indefinite Delivery/Indefinite Quantity (“ID/IQ”)
(B) Identifying number of the underlying contract, including the identifiers assigned to the
underlying contract by the Council for the base period and any subsequent option periods:
Contract (Base Year): DCAM-20-CS-RFQ-0001AB
Council Approval: CA24-0246, September 12, 2021
Contract Amount: Guaranteed Minimum: $50; NTE Amount: $5,000,000
Exercise of Option Year 001: Modification No. 1
Council Approval: CA24-0535, June 16, 2022
Option Year 001 Amount: Guaranteed Minimum: $50; NTE Amount: $5,000,000
Exercise of Option Year 002: Proposed Modification No. 2
Option Year 002 Amount: Guaranteed Minimum: $50; NTE Amount: $5,000,000
(C) A statement 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 current with its District taxes.
The relevant certification is attached.
(D) A statement 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 guaranteed minimum value of $50 of
proposed Modification No. 2 is within the appropriated budget authority for the agency 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 applicable Fiscal Sufficiency certification accompanies this Council
Package.
(E) A certification that the proposed contractor has not been determined to be in violation of D.C.
Official Code § 1-1163.34a:
Based upon a certification from the Contractor, the Contractor has not been determined to be in
violation of D.C. Official Code § 1-1163.34a.
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: June 29, 2023 Notice Number: L0009710310
KONSTRUCTURE LLC FEIN: **-***2749
539 QUINCY ST NW Case ID: 1559200
WASHINGTON DC 20011-5931
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
___________________________________________________________________________
OFFICE OF THE GENERAL COUNSEL
MEMORANDUM
TO: Thomas Wells
Director, Office of Policy and Legislative Affairs
FROM: Kristen Walp
Senior Assistant General Counsel
SUBJECT: Legal Sufficiency Certification
Proposed Modification No. 2 to Basic Ordering Agreement for On-Call Construction,
Repair & Replacement Services
Contract Number: DCAM-20-CS-RFQ-0001AB
Contractor: KONSTRUCTURE, LLC
DATE: June 14, 2023
___________________________________________
_____________________________________________________________________________
This is to certify that this Office has reviewed the above-referenced proposed Modification No. 2
and has found it to be legally sufficient, subject to submission of: (i) any required materials and
Council approval; (ii) Council’s approval of the same; and (iii) a Fiscal Certification issued by the
Department of General Services’ Agency Fiscal Officer.
Please feel free to contact me at (202) 727-2800 with any questions.
____________________________
Kristen Walp
Senior Assistant General Counsel
3924 Minnesota Avenue NE, 6th Floor Washington DC 20019 | Telephone (202) 727-2800 | Fax (202) 727-7283
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Memorandum
To: Delano Hunter
Acting Director
From: Antoinette Hudson Beckham
Agency Fiscal Officer
Department of General Services
Reference: On-Call Construction, Repair & Replacement (“CRR”) Services
Modification No. 2 to Contract No. DCAM-20-CS-RFQ-0001AB with
KONSTRUCTURE, LLC
Exercise of Option Year 002
Date: June 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 to Contract No. DCAM-20-CS-RFQ-
0001AB for On-Call Construction, Repair & Replacement Services between the Department and
KONSTRUCTURE, LLC (the “Contractor”) with a Not-To-Exceed (“NTE”) value of
$5,000,000.00 has a guaranteed minimum value of $50.00 that is consistent with the Department’s
current budget and that adequate funds are available in the budget for the expenditure. The $50.00
minimum value is hereby certified.
Funds supporting individual task order agreements, above the minimum amount certified of $50.00,
to be issued against the base period (“Base Period”) and four (4) one-year option periods (“Option
Years”) aggregate NTE value of $5,000,000.00, will be reviewed for certification and approval at
the time of issuance of any such task order agreements. Each task order is subject to availability of
appropriated funds. Task orders, ineligible for capital expenditure, will be funded under the
Department’s operating budget, if funding is available.
The Department’s (AM0-Implementing AGY) has $50.00 in its cumulative capital budget allotment
balance.
Fiscal Sufficiency Review
On-Call Construction, Repair & Replacement (“CRR”) Services
Contract Number: DCAM-20-CS-RFQ-00001AB
Modification No. 2 – Exercise of Option Year 002
The PASS information is attached/ below:
Project Number/ Fund Imp. Owner RK/PO Amount Comments
Name Subtask AY Detail Agency Agency
100144 - 04.01(A9034.A9034.PREV N/A 3030300 AM0 AM0 RK246061 $50.00
AM0.PL902C.CRI ENTATIVE/CRITICAL
TICAL SYSTEM CAPITAL POOL
REPLACEMENT CNSTR.PREVENTATIVE/
CRITICAL CAPITAL
POOL CNSTN)
Total $50.00
for AHB
_____________________________
Antoinette Hudson Beckham
Agency Fiscal Officer
Department of General Services
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
______________________________________________________________________________
Memorandum
TO: Delano Hunter
Acting Director, Department of General Services
George G. Lewis
Chief, Contracts and Procurement Division
FROM: Kristen Walp
Senior Assistant General Counsel
SUBJECT: Legal Sufficiency Review
Proposed Modification No. 2 to the Basic Ordering Agreement for On-Call
Construction, Repair & Replacement Services
Contract Number: DCAM-20-CS-RFQ-0001AB
Contractor: KONSTRUCTURE, LLC
DATE: June 14, 2023
1. Description of Proposed Contract
The Department of General Services (the “Department”) seeks approval of the above-referenced
Modifications for the On-Call Construction, Repair & Replacement Services (DCAM-20-CS-
RFQ-0001AB) (the “Contract”) between the Department and KONSTRUCTURE, LLC (the
“Contractor”). If approved, proposed Modification No. 2 to the Contract, which is Indefinite
Delivery/Indefinite Quantity (“IDIQ”) contract, would authorize the Contractor to continue
providing On-Call Construction, Repair, and Replacement Services as awarded via competitively
awarded task orders at various public schools, parks and recreation facilities, and certain other
municipal facilities (the “Project”).
The Department now seeks Council approval for Modification No. 2 to exercise Option Year 002
through September 20, 2024, with a guaranteed minimum amount of $50 and a NTE amount of
$5,000,000 and authorize the Contractor to continue providing On-Call Construction, Repair, and
Replacement Services. The proposed Modification No. 2, like the underlying Contract, does not
Page 1 of 2
Legal Sufficiency Review
On-Call Construction, Repair & Replacement Services
Contract Number DCAM-20-CS-RFQ-0001AB
authorize any specific work or guarantee that any work will be assigned to the Contractor. As the
NTE amount of proposed Modification No. 2 exceeds $1 million, Council approval is required for
this contract action.
2. Procurement Process
The underlying Contract was competitively bid and previously submitted to and approved by the
Council as CA24-0246. Modification No. 1 was approved by the council as CA24-0535 to exercise
Option Year 001, with a guaranteed minimum amount of $50 and NTE amount of $5,000,000
through September0 20, 2023.
The proposed Modification No. 2, if approved, would exercise Option Year 002 in the guaranteed
minimum amount of $50 and a NTE amount of $5,000,000 and extend the term of the Contract
through September 20, 2024.
3. Legal Review
Congress amended §451 of the District of Columbia Home Rule Act by requiring that no contract
involving the expenditure of funds in excess of $1 million in a 12-month period be made “unless
the Mayor submits the contract to Council for its approval and the Council approves the contract.”
District of Columbia Financial Responsibility and Management Assistance Act of 1995 §304(a),
109 Stat. 151 Pub. L. 104-8 (April 17, 1995) (codified at D.C. Official Code §1-204.51(b) (2001).
Proposed Modification No. 2 is in excess of $1 million and is subject to the §451 requirement of
the District of Columbia Home Rule Act. Thus, Council review and approval of the proposed
Modification No. 2 is required under the District of Columbia Home Rule Act.
This office was asked to review proposed Modification No. 2 to the Contract for legal sufficiency.
I have reviewed and approved proposed Modification No. 2 to the Contract for legal sufficiency.
Please be advised that my finding that proposed Modification No. 2 to the Contract is legally
sufficient, is premised on its submission to and approval by the Council of the District of Columbia,
as required by §§1-204.51(b) and 2-352.02 of the District of Columbia Official Code for contracts
valued over $1 million, and the issuance of a Fiscal Certification by the Department’s Agency
Fiscal Officer.
If there are any questions, please feel free to contact me at (202) 727-2800.
Page 2 of 2
1. CONTRACT NO Page of Pages
MODIFICATION OF CONTRACT
DCAM-20-CS-RFQ-0001AB 1 2
2. MODIFICATION NUMBER 3. EFFECTIVE DATE 4. PURCHASE REQUISITION NO. 5. CAPTION
On-Call Construction, Repair &
Modification No. 2 See Block 16C RK246061 Replacement ("CRR") Services
6. ISSUED BY: 7. ADMINISTERED BY (If other than Item 6)
Department of General Services Department of General Services
Contracting and Procurement Division Capital Construction Division
3924 Minnesota Avenue NE, 5th Floor 3924 Minnesota Avenue NE, 5th Floor
Washington, DC 20019 Washington, DC 20019
8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) 9A. AMENDMENT OF SOLICITATION NUMBER
KONSTRUCTURE, LLC 9B. DATED (SEE ITEM 11)
539 Quincy Street, NW
Washington, DC 20011 10A. MODIFICATION OF CONTRACT/ORDER NUMBER
Attn: Kevin R. Mohammed DCAM-20-CS-RFQ-0001AB
X
Email: kevin@konstructurellc.com 10B. DATED (SEE ITEM 13)
September 21, 2021
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
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.
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:
(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 submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE
OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE
SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change
may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this
amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
CHECK A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE
ONE
CONTRACT ORDER NUMBER IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying
office, appropriation data, etc.) SET FORTH IN ITEM 14.
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
x
Title 27 DCMR Section 4728 and Contract No. DCAM-20-CS-RFQ-0001AB
E. IMPORTANT: