MURIEL BOWSER
MAYOR
June 30, 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 proposed
Modification No. 1 to Contract No. DCAM-21-CS-IFB-0003 with Fort Myer Construction
Corporation, increasing the not-to-exceed amount by $6,804,102.87, from $22,992,912.30 to
$29,797,015.17, and extending the period of performance through December 19, 2023.
Under proposed Modification No. 1, Fort Myer Construction Corporation will continue to provide
construction services required to complete the infrastructure improvements for 13th Street, SE, a
major part of the redevelopment of the St. Elizabeths East Campus and the required improvements
to support the construction of the new hospital under its contract with the Department of General
Services (“DGS”).
If you have any questions regarding the proposed contract modification, please contact Delano
Hunter, Acting Director of DGS, or have your staff contact George G. Lewis, DGS’s Chief of
Contracts and Procurement, at (202) 727-2800.
I look forward to the Council’s favorable consideration of this contract modification.
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
(Standard)
Modification No. 1 to Contract No. DCAM-21-CS-IFB-0003
Redevelopment St. Elizabeths East Campus – 13th Street SE Infrastructure Improvements
(A) Contract Number: DCAM-21-CS-IFB-0003 (the “Contract”)
Contractor: Fort Myer Construction Corporation (the
“Contractor”)
Proposed Increased Amount
Via Modification No. 1: $6,804,102.87
Total Contract
Not-to-Exceed (“NTE") Amount: $29,797,015.17
Unit and Method of Compensation: Progress payments based on Fixed Unit Prices
Term of Contract: January 5, 2022 – December 19, 2023
Type of Contract: Fixed Unit Prices with NTE amount
Source Selection Method: Competitive Sealed Bid (Invitation for Bid)
(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
1
(C) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed modification:
The Contract between the Department of General Services (“DGS” or the “Department”) and the
Fort Myer Construction Corporation (the “Contractor”) requires the Contractor to provide
construction services to complete the infrastructure improvements to 13th Street SE, a major effort
in the redevelopment of the St. Elizabeths East Campus. The work includes, but is not limited to,
providing site and utility demolition, erosion and sediment control measures, new underground
wet and dry utilities, and a new roadway of approximately 1,740 LF for 13th Street SE, including
the intersections at Cypress Street SE, Cherry Street SE, and the new entrance roadway and
security booth. The scope of work also includes construction of several all-weather DC Water and
WMATA maintenance roadways and storm sewer and sanitary sewer infrastructure improvements
in the ravine area.
The underlying Contract was deemed approved by the Council on December 24, 2021, as CA24-
0343 with a Not-to-Exceed (“NTE”) amount of $22,992,912.30.
The Department now seeks Council approval to execute proposed Modification No. 1. If approved,
Modification No. 1 will increase the Contract’s NTE from $22,992,912.30 by $6,804,102.87 to
$29,797,015.17. Modification No. 1 will increase the NTE amount to fund additional services
resulting from unforeseen site conditions, removal and disposal of contaminated soil, fulfillment of
DC Water and WMATA requirements, and additional needs resulting from the redesign of the storm
drainage system. Modification No. 1 will also extend the final completion date to December 19,
2023.
As the proposed modification 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 (CA24-0343) on December 24, 2021.
(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 modification:
2
For nearly 50 years, Fort Myer Construction Corporation (the “Contractor”) has served the
infrastructure needs of the District of Columbia (the “District”), Maryland, and Virginia. The
Contractor has received a number of awards for its infrastructure work throughout the District,
Maryland and Virginia and has completed notable projects such as the widening of Route 1 in
Prince William County, Virginia, the reconstruction of the intersection of MD 97 at Randolph
Road in Montgomery County, Maryland, construction of the District’s fiber optic network, and the
31st Street Bridge in the District. The Contractor reports over 900 employees and a fleet of over
1,100 modern vehicles. The Contractor has performed satisfactorily on this and other projects on
the St. Elizabeths East Campus. 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:
LZXM44731122023). The Contractor submitted a subcontracting plan that meets the minimum
requirements of the Act.
Contract Dollar Value $29,797,015.17
Contractor Self-Performing $20,668,108.17
Subcontracting Effort $9,128,907.00
Subcontracting Plan Dollar Value $9,128,907.00
Subcontracting % 100%
(H) Performance standards and the expected outcome of the proposed contract modification:
The Contractor is required to provide all of the labor, tools, equipment, and materials and other
services necessary for completion of the Project. The proposed Modification No. 1 extends the
Project completion date to December 19, 2023. The Contractor is subject to liquidated damages of
$5,000 per workday of delay for failure to timely complete the work for the Project. Additionally,
the Department may also withhold payments to the Contractor based on defects in any application
for payment or performance on the Project.
In general, the Contractor must perform the requirements contained in the Contract and meet or
exceed the performance standards therein. The Contractor’s performance will be monitored by
DGS staff and DGS’ designated Program Manager.
(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:
N/A
3
(J) A certification that the proposed contract modification 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 Modification No. 1’s NTE
amount is consistent with 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 proposed modification is legally sufficient, including whether the
proposed contractor has any pending legal claims against the District:
Proposed Modification No. 1 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 the 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.
(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 Long Time Resident
Owned Business Enterprise and a Local Manufacturing Business Enterprise located in
Development Enterprise Zone. The Contractor’s CBE Number is LZXM44731122023, with an
expiration date of December 21, 2023.
(O) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None
4
(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:
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 can be found on the Department’s web site, at
https://dgs.dc.gov/event/dcam-21-cs-ifb-0003-redevelopment-st-elizabeths-east-campus-13th-
street-se-infrastructure
(T) A notation identifying: (i) whether the Contractor is a covered contractor, as that term is
defined in D.C. Official Code § 1-1161.01; and (ii) to which prohibited recipients, as that
term is defined in D.C. Official Code § 1-1161.01(45D), the Contractor is prohibited from
making campaign contributions and during what prohibited period, as that term is defined
in § 1-1161.01(45C).
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.
5
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GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Office of the Chief Financial Officer
Memorandum
To: Delano Hunter
Acting Director
From: Antoinette Hudson Beckham
Agency Fiscal Officer
Reference: Redevelopment of St. Elizabeths East Campus – 13th Street SE
Infrastructure Improvements
Date: June 14, 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. 1 to the infrastructure improvements for
13th Street (DCAM-21-CS-IFB-0003) with Fort Myer Construction Corporation in the amount of
$6,804,102.87 is consistent with the Department’s current seller intra District capital budget and
adequate funds are available in the budget for the expenditure.
Per Contracts & Procurement (C&P), after Council approved the contract through CA24-0343,
the Department executed Contract No. DCAM-21-CS-IFB-0003 on January 5, 2022, in the
amount of $22,992,912.30. This amount included $10,000.00 for identified items (Employee
Training) ineligible for capital expenditure. The item is identified in the proposal as line-Item
Number 0005 of the Bid Form (Attachment J.2 of the contract). There should be no purchases,
commitments, or expenditures for the identified Employee Training until operating funds are
available, and a purchase order is created.
The Department is now seeking approval of Modification 1 in the amount of $6,804,102.87.
The Department of General Services (seller agency) has $6,804,102.87, for “capital eligible” items
only, as per the District Capital Guidelines, in capital intra district funds from DMPED (buyer
agency). The active seller agency project was transferred from SOAR to DIFS as a one-time action.
The PASS/DIFS information is as follows:
Page 2 of 2
Project Fund Imp Owner
Project Name AY RQ/PO Amount Comments
Number Detail AGY AGY
Seller
project
AM0.EBK08C.ST E'S RDWYS/ created in
300028 3075750 N/A AM0 AM0 RK242915 $6,804,102.87
INFRASTR STAGE 2 SOAR
transferred
to DIFS
TOTAL $6,804,102.87
Antoinette Hudson Beckham
Agency Fiscal Officer
2000 14th St. NW, 8th Floor, Washington DC 20009 | Telephone (202) 727-2800 | Fax (202) 727-7283
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
___________________________________________________________________________
OFFICE OF THE GENERAL COUNSEL
MEMORANDUM
TO: Thomas Wells