MURIEL BOWSER
MAYOR
May 23, 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 Modification No. 3 to Contract No. DCAM-22-CS-RFP-0012 with BSC-CWC Truesdell
JV, LLC. If approved, Modification No. 3 will establish a Guaranteed Maximum Price and
increase the contract amount by $56,302,209.00, from $27,680,960.00 to $83,983,169.00
Under proposed Modification No. 3, BSC-CWC Truesdell JV, LLC will complete all required
design and construction work required for the project under its contract with the Department of
General Services (“DGS”).
My administration is available to discuss any questions you may have regarding this contract
modification. In order to facilitate a response to any questions you may have, please contact Delano
Hunter, Director, 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 modification.
Sincerely,
Muriel Bowser
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement
Pursuant to section 202(c-1) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c-1), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Standard, tipping, retroactive without changes, and multiyear)
Modification No. 3 to Design-Build Services for Truesdell Elementary School
(A) Contract Number: DCAM-22-CS-RFP-0012
Modification No. 3
Contractor: BSC-CWC Truesdell JV, LLC
Contractor’s Principals: Scott Whittier
Proposed Increased Contract Amount
Via Modification No. 3: $56,302,209.00
Total Contract Amount (Final GMP): $83,983,169.00
Unit and Method of Compensation: Progress payments on a monthly basis
Term of Contract: February 16, 2023 (date of execution of the
Letter Contract by the Department) (with
subsequent contracts deemed approved by
Council) through July 15, 2025 (the
“Substantial Completion Date”) with an
Administrative Term of March 15, 2026.
Type of Contract: Cost Plus Fixed Fee with a Guaranteed
Maximum Price (“GMP”)
Source Selection Method: Competitive Request for Proposals
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(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:
The Department of General Services (the “Department”) engaged BSC-CWC Truesdell JV, LLC (the
“Contractor”), to provide design-build services for the modernization of the Truesdell Elementary
School (the “Project”). The Project is divided into two phases: (i) the Design and Preconstruction
Phase; and (ii) the Construction Phase.
The Project includes full design and construction services for approximately 105,000 square feet
of school facility for the Truesdell Elementary School, formerly known as the Truesdell Education
Campus. The Contractor shall provide a complete renovation of the existing historic building and a
new construction addition. Additionally, part of the existing facility, the eastern classroom wing, was
constructed in the 1960s and the Contractor shall determine if this existing portion of the facility shall
remain and be renovated, or if new construction shall be built in its place. The Project work also
includes the demolition and removal of the existing trailers where the current program space exists.
This work consists of new site construction work after the trailers are removed, to bring it in line with
the District of Columbia Public Schools (“DCPS”) Educational Specifications.
The underlying Contract was deemed approved by the Council on May 29, 2023, as CA25-0171 with
a Not-to-Exceed (“NTE”) amount of $7,676,905.00 ($995,000.00 Letter Contract amount +
$6,681,905.00 Early Start Agreement (“ESA”) #1). Modification No. 1 to the Contract (key personnel
change) was executed by the Department on October 23, 2023. This was a zero-dollar key personnel
change, thus, Council approval was not required. Modification No. 2 (ESA 2) to the Contract was
approved by Council on November 19, 2023, as CA25-0495, and it increased the NTE by $20,004,055,
totaling $27,680,960.00 for additional early release work.
The Department now seeks Council approval to execute proposed Modification No. 3. If approved,
Modification No. 3 will increase the Contract’s NTE amount by $56,302,209.00, from $27,680,960.00
to $83,983,169.00. Modification No. 3 will establish the Contract’s guaranteed maximum price
(“GMP”). 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 as (CA25-0171) on May 29, 2023.
(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
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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.
(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 has extensive specialized experience managing K -12 school building renovations,
including those at buildings designated as historic, in urban settings. The strength of the Contractor’s
experience, which uniquely qualifies them for the Project, is demonstrated in the following five
construction projects, which were completed by one of the members of the joint venture:
1. St. Elizabeths East Men’s Shelter Project in Washington, DC
2. Bancroft Elementary School Project in Washington, DC;
3. Cardinal Elementary School Project in Arlington, VA;
4. Alice West Fleet Elementary School in Arlington, VA; and
5. DC Stead Park Recreation Center Project in Washington, DC
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:
LSDRE77024112026). 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 Contractor submitted a subcontracting plan as follows:
Contract’s NTE Dollar Value $83,983,169.00
Subcontracting Requirement % 35%
Subcontracting Plan Required Dollar Value $29,394,109.15
Subcontracting Plan Actual Dollar Value $29,398,203.00
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(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, 2025. 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.
(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:
The Letter Contract executed by the Department on February 16, 2023, provides for an initial NTE
amount of $995,000.00. The underlying Contract deemed approved by Council on May 29, 2023,
and executed by the Department on June 8, 2023, provided an NTE amount of $7,676,905.00
($995,000.00 Letter Contract amount plus $6,681,905.00 Early Start Agreement (“ESA”) #1).
Modification No. 2 (ESA 2) to the Contract was deemed approved by Council on November 19, 2023,
and executed by the Department on December 1, 2023; it increased the NTE by $20,004,055.00
totaling $27,680,960.00 for additional early release work.
(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 GMP is consistent
with 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.
(L) A certification that the contract is legally sufficient, including whether the proposed contractor
has any pending legal claims against the District:
The proposed Modification No. 3 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.
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(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 tax laws.
(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, Longtime
Resident Business, and Small Business Enterprise. The Contractor’s CBE Number is
LSDRE77024112026, with an expiration date of November 28, 2026.
(P) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None.
(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):
None.
(S) Where the contract, and any amendments or modifications, if executed, will be made available
online:
The Contract award information is available on the Department’s website. A copy of the proposed
modification will be made available on the Department’s website upon approval.
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(T) Where the original solicitation, and any amendments or modifications, will be made available
online:
The original solicitation and any amendments were posted on the Department’s 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:
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GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Memorandum
To: Delano Hunter
Director, Department of General Services
From: Antoinette Hudson - Beckham
Agency Fiscal Officer
Department of General Services
Reference: Proposed Modification No. 3 to Contract No. DCAM-22-CS-RFP-0012 Design-Build
Services for Truesdell Elementary School
Date: April 19, 2024
Subject: Fiscal Sufficiency Review
In my capacity as the Agency Fiscal Officer of the Department of General Services (the “Department”), I hereby
certify Modification No. 3 (GMP Amendment) to the Agreement for Design Build Services for Truesdell
Elementary School (DCAM-22-CS-RFP-0012), with BSC-CWC Truesdell JV, LLC in the amount of
$83,983,169.00, is consistent with the Department’s current budget and adequate funds are available in the
budget for the expenditure.
Per the Department of General Services Contracts & Procurement (“C&P”) team, the Letter Contract was executed
by the Department on February 16, 2023, with an initial Not-to-Exceed (“NTE”) amount of $995,000.00.
Modification No. 1 to the Letter Contract was executed by the Department on April 25, 2023, and it extended the
Letter Contract duration.
The underlying Contract was deemed approved by Council on May 29, 2023, as CA25-0171, with an initial NTE
amount of $7,676,905.00 ($995,000.00 Letter Contract amount + $6,681,905.00 Early Start Agreement (“ESA”)
#1). Modification No. 1 to the Contract (key