MURIEL BOWSER
MAYOR
November 1, 2023
Honorable Phil Mendelson
Chairman
Councilof 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 Act of 2010 (D.C. Official Code §
2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is
Contract No. DCAM-23-CS-RFP-0003 with Smoot Construction Company of Washington, DC,
in the not-to-exceed amount of $5,351,000 (including an existing letter contract amount of
$995,000). The not-to-exceed amount is an early release of funds for the initial phase of the
Thomas Elementary School modernization project.
As part of the initial phase of the project, Smoot Construction Company of Washington, DC will
advance design and permitting beyond the current funding level. The early release also includes
design fees, allowances, insurance, and general conditions, while the District and Smoot
Construction Company of Washington DC finalize the full scope and guaranteed maximum price
for the project.
If you have any questions regarding this contract, please contact Delano Hunter, Acting Director
of the Department of General Services (“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 considerationof this contract.
Sincerely,
Muriql Bow:
 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
(Letter Contract)
Design-Build Agreement for Thomas Elementary School Modernization
(A) Contract Number: DCAM-23-CS-RFP-0003 (the “Contract”)
Proposed Contractor: Smoot Construction Company of Washington, DC
(the “Contractor”)
Contract Amount: Not-to-Exceed (“NTE”) Amount: $5,351,000.00
(includes $995,000 Letter Contract amount)
Unit and Method of Compensation: Progress payments on a monthly basis
Term of Contract: July 26, 2023 (date of execution of the Letter
Contract by the Department) through July 15, 2026
(“Base Scope Substantial Completion Date”) with
an Administrative Term of March 15, 2027.
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
(C) The date on which the letter contract or emergency contract was executed:
The Notice to Proceed & Letter Contract (“Letter Contract”) was executed on July 26, 2023.
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(D) The number of times the letter contract or emergency contract has been extended:
N/A
(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 is $995,000, which represents the initial 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:
If approved, the Contract will authorize the Contractor to provide Design-Build Services for
Thomas Elementary School, located at 650 Anacostia Avenue N.E., Washington, DC 20019 (the
“Project”). The Project will be completed in two 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, 2026.
The proposed Contract’s NTE amount of $5,351,000.00 is for an early start agreement
submission and is based on several preliminary anticipated costs for the Project as determined by
the Contractor. Costs included in this early start agreement will allow the Design-Build team to
advance design and permitting beyond the current Letter Contract funding. The early release also
includes design fees, allowances, insurance and general conditions, and other scopes to keep the
project on schedule. This early start agreement also includes subcontractors’ work anticipated
prior to a full GMP package.
(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:
On January 24, 2023, the Department issued a Request for Proposals ("RFP") to engage a design-
builder for the modernization of Thomas Elementary School, located at 650 Anacostia Avenue
N.E., Washington, DC 20019.
The RFP was posted on the Department’s website on January 24, 2023, and a Pre-Proposal
Conference was held on January 27, 2023. The initial proposal due date was March 1, 2023, but
was later extended to March 15, 2023. There were three (3) addenda issued to this RFP.
Addendum No. 1- Issued on January 30, 2023:
• Provided business cards and the sign-in sheets from the pre-proposal conference and the site
visit held on January 27, 2023, at Thomas Elementary School.
Addendum No. 2- Issued on February 22, 2023:
• Provided Questions and Answers about the RFP.
• Extended the proposals’ due date to March 15, 2023, at 2:00 P.M.
• Incorporated Attachment M (Form of Contract) to the RFP.
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• Incorporated Attachment N (Notice to Proceed and Letter Contract) to the RFP.
• Revised Attachment A2 (Thomas Elementary School Educational Specifications & Narrative)
and added the attachment to the RFP.
• Revised the anticipated award date/notice of intent to award date to April 28, 2023.
• Added a new section (Section 2.13.1 Nonprofit Fair Compensation Act of 2020, D.C Code §
2-222.01, et seq.) to the RFP.
• Added a new section (Section 2.2.3.6 Shared Savings) to the RFP.
• Revised Section 1.3 (Project Budget and Funding Limitations) and incorporated it into the RFP.
Addendum No. 3- Issued on February 27, 2023:
• Revised Attachment Y (Campaign Finance Reform Self-Certification Form) and included it in
the RFP.
Proposal Submissions:
On the proposal due date, March 15, 2023, six (6) firms (collectively, the “Offerors” and each
individually, an “Offeror”) submitted proposals.
Technical Evaluation Process:
Each Offeror’s technical proposal was independently evaluated by a Technical Evaluation Panel
(“Panel”). A kick-off meeting was held with the Panel on March 27, 2023. The kick-off meeting
established a schedule for the evaluation of proposals and discussed in detail the roles and
responsibilities of the Panel. In addition, each Panel member completed the required disclosure
agreement and confidentiality agreement.
Consensus Meeting:
After the Panel members completed their individual evaluations of the proposals, the Panel met
on April 17, 2023, to develop a consensus technical score and the supporting written narrative
for each Offeror. In developing the consensus score, the Panel discussed the details of each
proposal in light of the evaluation factors and subfactors.
Contracting Officer’s Independent Evaluation:
The Department’s Contracting Officer carefully reviewed each of the proposals and
independently rated each Offeror. He further carefully reviewed the evaluation process followed
by the Panel, their notes and scoresheets, and their final consensus technical evaluation and
concluded that the Panel’s technical evaluations of the proposed Offerors were proper and
reasonable.
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 Certified Business Enterprise Preference Points:
In addition to the price and technical scoring, a certain number of points were available for each
Offeror based on its status as a Certified Business Enterprise (“CBE”) as determined by the
Department of Small and Local Business Development (“DSLBD”). The Contractor was so
certified and received points accordingly.
Determination of a Fair and a Reasonable Price:
When the total points for all of the three components (technical, price, and CBE preference) were
combined, the Contractor was the highest-ranked Offeror with a total of 90.87 points. The
Contracting Officer examined the fee/price proposal submitted by the Contractor and determined
that the overall proposed fees/price submitted by the Contractor is within the Independent
Government Estimate and is fair and reasonable and accordingly a mutually satisfactory Contract
was successfully concluded with the Contractor.
Contract Award:
By the award memorandum executed on May 8, 2023, the Department awarded Contract No.
DCAM-23-CS-RFP-0003 to the Contractor, as such award would be 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.
(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:
The Contractor has successfully completed similar scale projects for the Department, including
the following school modernizations:
1. Dunbar Senior High School
2. Roosevelt High School
3. Marie Reed Elementary School and Community Center
4. H.D. Cooke Elementary School
5. Kramer Middle School
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(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:
The Contractor is a certified business enterprise in accordance with the Act (CBE Number:
LXR63883052024). 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.
Contract’s NTE Dollar Value: $5,351,000.00
Subcontracting Requirement %: 35%
Subcontracting Plan Required Dollar Value: $1,872,850.00
Subcontracting Plan Actual Dollar Value: $2,389,530.00
(K) 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, 2026, for the
base scope of the Project. 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.
(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 July 26, 2023, provides for an initial NTE
amount of $995,000, representing 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 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.
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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 proposed Contract 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.
(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 & 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):
None.
(U) Where the contract, and any amendments or modifications, if executed, will be made
available online:
Contract award information is available on the DGS web page. The contract will be made
available on the DGS’ website upon approval.
(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 DGS’ 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: October 19, 2023 Notice Number: L0010399699
SMOOT CONSTRUCTION COMPANY OF WASHINGTON DC FEIN: **-***4741
5335 WISCONSIN AVE NW Case ID: 1696532
WASHINGTON DC 20015-2030
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: