MURIEL BOWSER
MAYOR
May 1, 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 202of the Procurement Practices Reform Act of 2010 (D.C. Official Code §
2-352.02), enclosed for consideration and approval by the Councilof the District of Columbia is
Contract No. DCAM-24-CS-RFP-0004 with MCN Build, Inc., in the not-to-exceed amount of
$2,497,998. The not-to-exceed amount is an early release of funds for the initial phase of the
modernization of Martin Luther King, Jr. Elementary School.
As partofthe initial phase of the project, MCN Build, Inc. will provide design and preconstruction
deliverables while the District and MCN Build, Inc. finalize the full scope and guaranteed
maximum price for the project.
My administration is available to discuss any questions you may have regarding the proposed
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.
Sincfyely.
Muriel Bows
 GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement
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, tipping, retroactive without changes, and multiyear)
(A) Contract Number: DCAM-24-CS-RFP-0004
Proposed Contractor: MCN Build, Inc.
Proposed Contractor’s Principals: Joseph Khoury
Contract Amount (ESA 1): Not-to-Exceed $2,497,998.00
Unit and Method of Compensation: Progress Payments on a monthly basis.
Term of Contract: From the date of contract execution through July 15, 2027
(Substantial Completion Date), with an Administrative
Term Date of March 14, 2028.
Type of Contract: Cost Plus Fixed Fee with a Guaranteed Maximum Price
(“GMP”).
Source Selection Method: Competitive Request for Proposal.
(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 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 MCN Build, Inc. (the “Contractor”) to provide Design-Build
Services for the modernization of Martin Luther King Jr. Elementary School, located at 3200 6th
Street SE, Washington, DC 20032 (the “Project”). The Project will be completed in two phases: (i)
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 the Design and Preconstruction Phase; and (ii) the Construction Phase. The substantial completion of
the Project shall occur on or before July 15, 2027.
The Project includes design and construction services for the Project. The project shall also include:
(i) temporary utilities; (ii) public art installation; (iii) furniture; (iv) fixtures; (v) equipment and
coordination; and (vi) move-in logistical support for a fully functional turn-key Project.
The Department seeks Council approval to execute the proposed Contract. If approved, the Contract
will establish an early start agreement (“ESA”) in the not-to-exceed (“NTE”) amount of
$2,497,998.00. As the proposed Contract value is 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:
On November 8, 2023, the Department issued a Request for Proposals (" RFP ") to engage a Design-
Builder ("Design-Builder" or “Contractor") for the modernization of Martin Luther King Jr.
Elementary School, located at 3200 6th Street SE, Washington, DC 20032.
The RFP was posted on the Department’s website on November 8, 2023, and a pre-proposal
conference and a site walk were held on November 15, 2023. The Proposal Due Date was initially
December 15, 2023, and later extended to December 22, 2023. There were three (3) addenda issued
to the RFP.
Addendum No. 1, issued on November 16, 2023:
1. Provided the sign-in sheet and business cards from the pre-proposal conference, and site visit held
on November 15, 2023, at Martin Luther King Jr. Elementary School, located at 3200 6th Street SE,
Washington, DC 20032.
Addendum No. 2, issued on November 27, 2023:
1. Deleted Section 2.3.8 (Certified Mentor-Protégé Partnership) of the RFP.
Addendum No. 3, issued on December 1, 2023:
1. Provided questions and answers sheet about the RFP.
2. Extended the proposal due date to December 22, 2023, at 2:00 P.M.
Proposal Submissions:
On the Proposal due date, December 22, 2023, five firms collectively submitted proposals, some of
which were joint ventures.
Proposals Evaluations Process:
Proposals were examined to determine whether they met all the requirements of the RFP. Proposals
were then scored on a scale of zero (0) to one hundred twelve (112) points. The (112) points include
eighty (80) points for the technical criteria, twenty (20) points for pricing, and up to twelve (12)
points based on the Offeror’s status as a CBE.
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 Consensus Meeting:
After the Panel members had completed their individual evaluations of the proposals, the Panel met
on January 29, 2024, to develop a consensus technical score and 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 Contracting Officer (“CO”) further carefully reviewed the evaluation process followed by the
Panel, their notes, scoresheets, and their final consensus technical evaluation. Considering the
Department’s historical experience with the proposed Offerors and, to the extent necessary, reviewing
the underlying proposals, The CO scored the Offerors differently. The CO review of all the Offerors’
technical proposals revealed that the Offerors submitted sound and strong proposals.
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 three components (technical, price, and CBE preference) were combined,
the Contractor was the highest-ranked Offeror with a total of (85.73) 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 IGE 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 February 20, 2024, the Department awarded Contract No.
DCAM-24-CS-RFP-0004 to the Contractor, as such award would be most advantageous to the
District.
(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) A description of any other contracts the proposed contractor is currently seeking or holds with
the District:
The Contractor is currently involved in several District projects and is in pursuit of many other
District projects. The list of projects is provided as Exhibit A.
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(G) 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 based in Washington, DC, and is a Certified Business Enterprise (“CBE”)
specializing in developments that enhance the community, including transformational projects that
promote economic sustainability, to include community, education, office, retail, healthcare, and
institutional spaces, in the District of Columbia, Maryland, and Northern Virginia. The Contractor
provides a range of services including preconstruction, construction management, general
contracting, and consulting services.
The Contractor has successfully completed the following projects for DGS and other organizations:
1. Raymond Elementary School Washington, DC, a $62,000,000 project.
2. MacFarland Middle School Washington, DC, a $62,000,000 project.
3. Jefferson Middle School Academy Washington, DC, a $75,000,000 project.
4. C.W. Harris Elementary School Washington, DC, a $50,000,000 project.
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.
(H) 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:
LR17456042025). 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. The Contract’s NTE amount of $2,497,998.00 is for
design and preconstruction deliverables performed by the Contractor.
(I) 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, 2027. 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 $2,500 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.
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(J) 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
(K) 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.
(L) 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.
(M) 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.
(N) 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.
(O) 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 Business Enterprise and
Resident Owned Business. The Contractor’s CBE Number is LR17456042025, with an expiration
date of April 18, 2025.
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(P) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
N/A
(Q) 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.
(R) 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):
N/A
(S) 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.
(T) 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.
(U) (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.
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 Exhibit A
Contracts that MCN Build, Inc. Currently Holds with The District (Not Limited to DGS only):
Contract Number Project Caption Project Value
1. DCAM-24-CS-RFP-0004 MLK ES $57,000,000
2. DCAM-23-CS-RFP-0018 Modular Campus at Nalle $16,000,000
3. DCAM-23-CS-RFP-0008 Tubman ES $82,000,000
4. DCAM-22-CS-RFP-0018 Browne EC $97,000,000
5. DCAM-22-CS-RFP-0017 MacArthur High School $72,000,000
6. DCAM-22-CS-RFP-0002 Fort Lincoln Park $29,000,000
7. DCAM-21-CS-RFP-0013 Garfield ES $52,000,000
8. DCAM-21-CS-RFP-0019 School Without Walls @ Francis Stevens $78,500,000
Projects MCN Build, Inc. Is Currently Seeking with The District (Not limited to DGS only):
Contract Number Project Caption Project Value
1. DCAM-24-CS-RFP-0006 Burroughs ES $81,000,000
2. DCAM-23-CS-RFP-0037 New Fort Davis Community Center Building $27,500,000
3. DCAM-23-CS-RFP-0036 Crummel Community Center Modernization $28,300,000
New Douglass Community Center
4. DCAM-23-CS-RFP-0035 $20,000,000
Modernization
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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: March 28, 2024 Notice Number: L0011557891
MCN BUILD INC FEIN: **-***3429
1214 28TH ST NW Case ID: 2201304
WASHINGTON DC 20007-3315
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 R