MURIEL BOWSER
MAYOR
August 17, 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 Council of the District of Columbia is
the proposeddefinitive contract No. DCAM-22-CS-RFP-0019 with Smoot Construction Company
of Washington DC. The total amount of the definitive contract is $37,013,096.00 (including an
existing letter contract amount of $950,000.00). The contract’s period of performance is from
February 2, 2023 through June 26, 2024.
Under the proposed contract, Smoot Construction Company of Washington DC will provide
construction manager at risk services to build out the DC Infrastructure Academy at the Spingam
High School building.
If you have any questions regarding this legislation, please contact Delano Hunter, Acting
Director, Department of General Services (“DGS”), or have yourstaffcontact George G. Lewis,
DGS's Chief of Contracts and Procurement, at (202) 727-2800,
1 look forward to the Council’s favorable consideration of this contract.
Sincerely,
Muri¢l Bow!
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Pursuant to Section 202(c-1) 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)
Letter Contract and Proposed Contract for Construction Management At-Risk (“CMAR”)
Services for DC Infrastructure Academy at Spingarn High School
(A) Contract Number: DCAM-22-CS-RFP-0019 (the “Contract”)
Proposed Contractor: Smoot Construction Company of Washington DC
(the “Contractor”)
Letter Contract: $950,000.00
Proposed Contract Increase Amount: $36,063,096.00
Aggregate Amount of Letter
Contract and Proposed Contract: $37,013,096.00
Term of Contract: February 2, 2023, the date of execution of the Letter
Contract, through June 26, 2024.
Type of Contract: Construction Management At-Risk with Guaranteed
Maximum Price
Source Selection Method: Request for Proposals (“RFP”)
(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:
Not applicable.
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(C) The date on which the letter contract or emergency contract was executed:
A Letter Contract with the Contractor was executed by the Department of General Services (the
“Department”) on February 2, 2023 (the “Letter Contract”).
(D) The number of times the letter contract or emergency contract has been extended:
The Letter Contract has been extended two times, via Modification No. 1, which extended the
Letter Contract to June 29, 2023 and Modification No. 2 which extended the Letter Contract to
August 31, 2023.
(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 under the Letter Contract is $950,000.00, which
represents the not-to-exceed (“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:
The Contractor shall provide CMAR services to build out the DC Infrastructure Academy at the
Spingarn High School building.
(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:
The Department solicited a proposal from offerors through a Request for Proposal (RFP No.
DCAM-22CS-RFP-0019) to provide CMAR Services for the DC Infrastructure Academy at
Spingarn High School. Smoot Construction Company of Washington DC was selected via a
competitive method among other offerors and was found the 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:
Smoot Construction Company of DC is a certified Small Business Enterprise (“SBE”),
Washington, DC based firm and has performed satisfactorily on previous projects with the District.
The Contractor provides complete construction services across a range of project types and scales.
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. 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.
(K) Performance standards and the expected outcome of the proposed contract:
The Contractor is required to provide CMAR services to build out the DC Infrastructure Academy
at the Spingarn High School building. The Contractor’s performance will be monitored by DGS
staff and DGS’ designated Program Manager. Additionally, the Contractor must adhere to the
terms and conditions of and the Standard Contract Provisions for use with District of Columbia
Government Construction Contracts.
(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 February 2, 2023 provides for an initial NTE
amount of $950,000, which represents the total expenditure of funds authorized to date.
(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 Contract’s amount is
consistent 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.
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(N) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
The Letter Contract and proposed Contract have 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.
(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 DSLBD’s website, the Contractor is a certified Local, and Resident Owned
Business Enterprise. The Contractor’s CBE Number is LXR63883052024 with an expiration date
of May 26, 2024.
(R) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None.
(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 and Procurement’s
Excluded Parties List and the Federal Government’s Excluded Parties List.
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(T) 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):
Not applicable.
(U) Where the contract, and any amendments or modifications, if executed, will be made
available online:
Contract award information and Letter Contract are available on the Department’s website. Copies
of contract documents will be made available on the Department’s website, if approved.
(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 Department’s website.
(W) 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.
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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: June 30, 2023 Notice Number: L0009727958
SMOOT CONSTRUCTION COMPANY OF WASHINGTON DC FEIN: **-***4741
5335 WISCONSIN AVE NW Case ID: 1564413
WASHINGTON DC 20015-2030
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
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)
§ 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 THT for AHB 6/26/23
Department of General Services
Reference: Contract No. DCAM-22-CS-RFP-0019
Construction Management At-Risk (“CMAR”) Services for DC
Infrastructure Academy at Spingarn High School
Date: June 23, 2023
Subject: Fiscal Sufficiency Certification
In my capacity as the Agency Fiscal Officer of the Department of General Services (the
“Department”), I hereby certify that the Contract for Construction Management At-Risk
(“CMAR”) Services for DC Infrastructure Academy at Spingarn High School (DCAM-22-CS-RFP-
0019) (the “Contract”), with Smoot Construction Company of Washington DC (the “Contractor”),
in the amount of $37,013,096.00 is consistent with the Department’s current budget and that
adequate funds are available in the budget for the expenditure.
Per the Department’s Contracts & Procurement team, on February 2, 2023, the Letter Contract was
executed by the Department, with an initial Not-to-Exceed amount of $950,000.00
The proposed Contract increase of $36,063,096.00 is to provide CMAR services to build out the
DC Infrastructure Academy at the Spingarn High School building. If approved, the total Contract
amount will be $37,013,096.00 ($950,000.00 + $36,063,096.00).
While the funding in the amount of $37,013,096.00 is being certified for capital eligible items only,
a total of $1,123,958.21, in Attachment U of the Contract is ineligible for capital expenditure, as
per the District’s Capital Guidelines. See the operating column of the attachments. The
goods/services have an expected delivery date in FY2024. There should be no purchases,
commitments, or expenditures for these items, until operating funds are available, via an operating
purchase order.
Fiscal Sufficiency Review
DCAM-22-CS-RFP-0019
Construction Management At-Risk
(“CMAR”) Services for DC Infrastructure
Academy at Spingarn High School
The Department of General Services (Implementing AGY) has $37,013,096.00 in the
Department of Employment Services (Owner AGY) cumulative capital budget allotment balance.
The PASS information is attached/ below.
Project Name Project Fund Imp. AGY Owner RK/PO Amount Comments
Number Detail AGY
AM0.SNTRCC.DC 100240 3030300 AM0 CF0 PO682484 $950,000.00 See Attached
Infrastructure
Academy
AM0.SNTRCC.DC 100240 3030300 AM0 CF0 RK250110 $34,912,137.79 FY23 Capital
Infrastructure
Academy
AM0.SNTRCC.DC 100240 3030300 AM0 CF0 RK250109 $1,123,958.21 Dummy RK Holding
Infrastructure Funds for Ineligible
Academy Items
Total $37,013,096.00
\
for AHB 6/26/23
_____________________________
Antoinette Hudson Beckham
Agency Fiscal Officer
Department of General Services
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
Construction Management At-Risk Services for DC Infrastructure Academy at
Spingarn High School
Contract Number: DCAM-22-CS-RFP-0019
Contractor: Smoot Construction Company of Washington DC
DATE: June 30, 2023
_____________________________________________________________________________
This is to certify that this Office has reviewed the above-referenced proposed contract and has
found it to be legally sufficient, subject to submission of: (i) any required materials to Council for
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, Washington, DC 20019 | Telephone (202) 727-2800 | Fax (202) 727-7283
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Contract & Procurement Division
December 1, 2022
Sent via Email to dblaise@smootbuilds.com
Daniel Blaise
Project Executive
Smoot Construction Company of Washington, DC
5335 Wisconsin Avenue NW, Suite 940
Washington, DC 20015
Subject: Notice to Proceed and Letter Contract
Reference: Request for Proposals (“RFP”) No. DCA