MURIEL BOWSER MAYOR March 8, 2024 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 Contract No. DCAM-23-CS-IFB-0005 with InterContinental Build, LLC, in the amount of $3,770,000 (including an existing letter contract amount of $950,000). Under the contract, InterContinental Build, LLC will disconnect building utility services and raze the North and South Metropolitan Police Department buildings located at 6 DC Village Lane, SW and 3B DC Village Lane, SW. The substantial completion date for the project is April 29, 2024. My administration is available to discuss any questions you may have regarding the contract. In order to facilitate a response to any questions you may have, please contact Delano Hunter, Director, Department of General Services (“DGS”), or have your staff contact George G. Lewis, Chief of Contracts and Procurement, DGS, at (202) 727-2800. I look forward to the Council’s favorable consideration of this contract. Sincerely, Muriel Bowser 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) Proposed Contract for Construction Services for North and South MPD Buildings Raze - DC Village (A) Contract Number: DCAM-23-CS-IFB-0005 Proposed Contractor: InterContinental Build, LLC. Letter Contract: $950,000.00 Proposed Contract Increase Amount: $2,820,000.00 Aggregate Amount of Letter Contract and Proposed Contract: $3,770,000.00 Term of Contract: The term of the contract will be December 29, 2023 through April 29, 2024 (“Substantial Completion Date”) with Final Completion (“Final Completion Date”) by May 29, 2024. Type of Contract: Firm Fixed Price Source Selection Method: Invitation for Bids (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. 1 (C) The date on which the letter contract or emergency contract was executed: A Letter Contract with InterContinental Build, LLC (the “Contractor”) was executed by the Department of General Services (the “Department” or “DGS”) on December 29, 2023 (the “Letter Contract”). (D) The number of times the letter contract or emergency contract has been extended: The Letter Contract has never been extended. (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 will disconnect building utility services and then raze the North and South MPD Buildings located at 6 DC Village Lane, SW, Washington, DC 20032 and 3B DC Village Lane, SW, Washington, DC 20032. (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: a. On September 14, 2023, the Department issued an Invitation for Bids (“IFB”) DCAM-23- CS-IFB-0005 to engage a Small Business Enterprise (“SBE”) contractor (the “Contractor”) to provide all labor, materials, and equipment to complete Construction Services for North and South MPD Buildings Raze - DC Village. b. On November 1, 2023, the Bid Due Date, the Department received six (6) bids from six (6) Bidders. c. The Department determined that the lowest bid from InterContinental Build, LLC, was the most advantageous to the District. d. No responses were received from the public to challenge the decision, and a Letter Contract was executed on December 29, 2023, with a not-to-exceed amount of $950,000.00. (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. 2 (I) The description of any other contracts the proposed contractor is currently seeking or holds with the District: Description Number Department BOA for construction, repair & Department of Housing and replacement services CW108606 Community Development DCSS CW98064/ CW110705 Department of Energy & River Smart Rain Barrels Environment (J) 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 well-recognized limited liability company which specializes in general contracting, construction, and repairs. The company leadership has decades of experience in construction and project management and has successfully executed several projects within the District of Columbia. (K) 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 Department of Small and Local Business Development (“DSLBD”) requires compliance with the minimum subcontracting percentage to 35%. The Contractor is certified as a Small Business Enterprise and will execute 95% of the Contract. The Contractor has provided a compliant Subcontracting Plan containing the following: Contract Dollar Value : $3,770,000.00 Subcontracting Requirement %: 35% of $200,000.00 Subcontracting Plan Required Dollar Value: $70,000.00 Subcontracting Plan Actual Dollar Value: $200,000.00 (L) Performance standards and the expected outcome of the proposed contract: The Contractor is required to provide Construction Services for the Project. The Contractor’s performance will be monitored by DGS staff and DGS’s 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. (M) 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: 3 The Letter Contract executed by the Department on December 29, 2023, provides for an initial NTE amount of $950,000, which represents the total expenditure of funds authorized to date. (N) 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. (O) 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 current pending legal claims against the District. (P) 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. (Q) 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. (R) 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.: The Contractor is a Certified Business Enterprise (“CBE”), and their CBE number is #LSDZ81372102024. (S) Other aspects of the proposed contract that the Chief Procurement Officer considers significant: 4 None. (T) 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. (U) 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. (V) Where the contract, and any amendments or modifications, if executed, will be made available online: Contract award information and any modifications will be posted on the Department’s website. (W) Where the original solicitation, and any amendments or modifications, will be made available online: The Department’s original solicitation and amendments were posted on the DGS web site and can be accessed at https://dgs.dc.gov/publication/dcam-23-cs-ifb-0005-construction-services-north- and-south-mpd-buildings-raze-dc-village (X) (1) A certification that the proposed contractor has been determined not to be in violation of section 334a of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a; and (2) A certification from the proposed contractor that it currently is not and will not be in violation of section 334a of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a: Based upon a certification from the Contractor, the Contractor has been determined not to be in violation of D.C. Official Code § 1-1163.34a; and will not be in violation of D.C. Official Code § 1-1163.34a. 5 9:87;84ÿ<ÿ458ÿ 47=4ÿ<ÿ>?;@ A<<=8ÿ<ÿ458ÿ58<ÿ.= >ÿA<<=87 0010ÿ345ÿ6478849ÿ6 A<<=8ÿ<ÿBCÿDÿE8:8?8ÿ 549ÿÿ113 ÿÿ !"!#ÿ$%&ÿ%'%( ÿ"- !)''$'*('+,+ 01B/EA1B01/1BFGÿHI0G9ÿGG ./012ÿ3343335675 060ÿ9AAÿJAK/ÿEÿ6/ÿ6KÿL  8ÿ02ÿ0573337 F6J019BA1ÿÿÿ1114ML1N ÿ ÿ defghihdjgeÿliÿdmejnÿojnpq F ÿ78\748Dÿÿ458ÿ>8ÿJ Dÿ^48;9ÿ458ÿ@:8ÿ78<878=8DÿD:D?>r844^ÿ5 ÿÿ?44D >@>4^ÿs45ÿ458ÿ 47=4ÿ<ÿ>?;@ ÿA<<=8ÿ<ÿBCÿDÿE8:8?8ÿ7ÿ458ÿ8\74;84ÿ<ÿ/;\>^;84 687:=8_ÿF ÿ<ÿ458ÿD48ÿ@:89ÿ458ÿD:D?>r844^ÿ5 ÿ=;\>8Dÿs45ÿÿD8ÿtÿ3N45M9ÿÿ45878<78 45 ÿ874<=48ÿ<ÿ>8ÿJ Dÿÿ ?8D_ B0BG/ÿ3N_ÿBFuFB0A19ÿG0/160199ÿK/E]0B69ÿF66/66]/1B69ÿF1ÿ.//6 JFKB/Eÿ5ÿ9/1/EFGÿG0/16/ 6IHJFKB/Eÿ00_ÿG/F1ÿJF16ÿH/.AE/ÿE//0b019ÿFÿG0/16/ÿAEÿK/E]0B __ÿA/ÿtÿ3N45Mÿv11Mw tÿ3N45MÿKEAJ0H0B0A1ÿF9F016Bÿ066IF1/ÿA.ÿG0/16/ÿAEÿK/E]0B V"Q!XTÿO#ÿYSPTÿZP[PW O!PQÿRQ&ÿRSSPÿPTÿUP!-PÿVT-PW!P Bÿ:>D48ÿ45 ÿ=874<=489ÿ\>8 8ÿ: 4ÿ]^BC__:_ÿAÿ458ÿ]^BCÿÿ5;8\89ÿ=>=`ÿ458 ab >D48ÿÿ874<=48ÿ<ÿ>8ÿJ Dcÿ5^\87>`ÿ?D87ÿ458ÿ>8ÿJ Dÿ8=4_ xxyxÿz{|ÿq{}~~{ÿq€ÿq‚{~ÿƒ„y€ÿ †|‚‡ˆ{‰‡€ÿpdÿƒyyƒzŠ‹|‰‡~ŒÿƒyƒŽÿ„ƒzyzŠ‘’g “”pd”ˆ‰• ÿ GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF GENERAL SERVICES Memorandum To: Delano Hunter Director, Department of General Services (“DGS”) From: Antoinette Hudson Beckham Agency Fiscal Officer Reference: Contract No. DCAM-23-CS-IFB-0005 Construction Services for North and South MPD Buildings Raze - DC Village Date: January 26, 2024 Subject: Fiscal Sufficiency Review In my capacity as the Agency Fiscal Officer of the Department of General Services (the “Department”), I hereby certify that the construction services for North and South MPD Buildings Raze - DC Village (DCAM-23-CS-IFB-0005), with Intercontinental Build LLC. in the amount of $3,770,000.00, 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 December 29, 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 $2,820,000.00 is to provide construction services for North and South MPD Buildings Raze - DC Village. The proposed increase will increase the contract value to $3,770,000.00 ($950,000.00 + $2,820,000.00). Contract values of $1 million or more require Council approval. The Department of General Services (DGS – Implementing AGY) has $3,770,000.00 in the District of Columbia Fire and Emergency Medical Service (FEMS – Owner AGY) cumulative capital budget authority balance. The PASS/DIFS information is attached/below. Contract No. DCAM-23-CS-IFB-0005 Construction Services for North and South MPD Buildings Raze - DC Village Project Name Project AY Fund Imp. AGY Owner RK/PO Amount Comments Number Detail AGY 100052 N/A 3030300 AM0 FB0 PO702773 $950,000.00 Letter AM0.FMF01C.F Contract LEET MAINTENANC E RESERVE FACILITY AM0.FMF01C.F 100052 N/A 3030300 AM0 FB0 RK269055 $2,820,000.00 Proposed LEET contract MAINTENANC increase E RESERVE FACILITY Total $3,770,000.00 _____________________________ Antoinette Hudson Beckham Agency Fiscal Officer Department of General Services GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF GENERAL SERVICES ______________________________________________________________________________ Memorandum TO: Thomas Wells Director, Office of Policy and Legislative Affairs FROM: Kristen Walp Senior Assistant General Counsel SUBJECT: Legal Sufficiency Certification Construction Services for North and South MPD Buildings Raze - DC Village Contract Number: DCAM-23-CS-IFB-0005 Contractor: InterContinental Build, LLC DATE: February 12, 2024 _____________________________________________________________________________ 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