MURIEL BOWSER
MAYOR
June 18, 2024
Honorable Phil Mendelson
ChairmanLett
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. 1 to Contract No. DCAM-23-CS-RFP-0003 with Smoot Construction
Company of Washington, DC, increasing the not to exceed amount by $33,935,327, from
$5,351,000 to $39,286,327. The increase in the not-to-exceed amount is an early release of funds
for an additional initial phase of the modernization of the Thomas Elementary School.
As part of the additional initial phase of the project, Smoot Construction Company of Washington,
DC will allow the design-build team to advance early release construction onsite in September
2024, while the District and Smoot Construction Company of Washington, DC 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.
Sincerely,
Muriel Bowser
 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)
Modification No. 1 to Design-Build Services for Thomas Elementary School Modernization
(A) Contract Number: DCAM-23-CS-RFP-0003
Modification No. 1
Contractor: Smoot Construction Company of
Washington, DC
Total Contract’s NTE Amount: $39,286,327.00 (Including the $995,000.00
Letter Contract, $4,356,000.00 Early Start
Agreement (“ESA”) #1, and $33,935,327.00
ESA #2)
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
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(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 Smoot Construction Company of
Washington, DC (the “Contractor”) to provide Design-Build Services for Thomas Elementary School
(“Thomas ES”), located at 650 Anacostia Avenue, NE, 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 Project includes full design and construction services for approximately 74,000 square feet of
school facility for Thomas ES. The Contractor shall design and construct a combination of renovation
and a new construction addition to best execute the school’s programmatic needs. The Department
anticipates renovating the classroom wing built in the 1940s and then demolishing the portion of the
building constructed in the 1960s in order to build a new addition.
The underlying Contract was deemed approved by the Council on November 12, 2023, as CA25-0483
with a Not-to-Exceed (“NTE”) amount of $5,351,000.00 ($995,000.00 Letter Contract plus the
$4,356,000.00 Early Start Agreement (“ESA”) #1).
The Department now seeks Council approval to execute proposed Modification No. 1. If approved,
Modification No. 1 will increase the Contract’s NTE amount by $33,935,327.00, from $5,351,000.00
to $39,286,327.00. Modification No. 1 will fund a second early start agreement and authorize the
Contractor to advance early release construction onsite in September 2024. The early release also
includes design fees, allowances, insurance, and general conditions. 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 (CA25-0483) on November 12, 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
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”) and a
general contractor specialized in construction management, general contracting, and design-build
services. The Contractor has successfully completed multiple school modernization projects for DGS
including:
1. Dunbar Senior High School Modernization (DGS/DCPS);
2. Roosevelt High School Modernization (DGS/DCPS);
3. Marie Reed Elementary School and Community Center (DGS/DCPS);
4. H.D. Cooke Elementary School (DGS/DCPS); and
5. Kramer Middle School (DGS/DCPS).
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:
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 $39,286,327.00
Subcontracting Requirement % 35%
Subcontracting Plan Required Dollar Value $13,750,214.45
Subcontracting Plan Actual Dollar Value $13,871,514.00
(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, 2026. 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.
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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:
The Contract, executed by the Department on November 28, 2023, provides for an initial NTE amount
of $5,351,000. This is inclusive of the Letter Contract, executed on July 26, 2023, in the amount of
$995,000.00.
(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:
Proposed Modification No. 1 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 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.:
The Contractor’s CBE Number is expired and is being renewed.
(P) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
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 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.
(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:
Contracts that Smoot Construction Company of Washington, DC is currently seeking or holds
with the District:
Projects Held With The District (Not Limited to DGS Only)
Contract Number Project Caption Project Value
1. DCAM-22-CS-RFP-0019 CMAR services for DC Infrastructure Academy at $55,000,000.00
Spingarn High School
2. DCAM-23-CS-RFP-0003 Design-Build services for Thomas Elementary School $72,000,000.00
Modernization
3. DCAM-21-CS-RFP-0002 CMAR services for Joy Evans Therapeutic Recreation $38,644,206.00
Center and Pool
4. DCAM-21-CS-RFP-0007 CMAR services for Fort DuPont Ice Arena $33,593,674.00
Projects Currently Seeking With The District (Not Limited to DGS Only)
Contract Number Project Caption Project Value
1. GF-2023-R-0029 Design-Build services for Lamonde-Riggs $24,456,179.00
Community College 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: May 29, 2024 Notice Number: L0011884958
SMOOT CONSTRUCTION COMPANY OF WASHINGTON DC FEIN: **-***4741
5335 WISCONSIN AVE NW Case ID: 7411707
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: Antoinette Hudson - Beckham
Agency Fiscal Officer
Department of General Services
Reference: Proposed Modification No. 1 to Contract No. DCAM-23-CS-RFP-0003
Design-Build Services for Thomas Elementary School Modernization
Date: June 6, 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 Modification No. 1 (Early Start Agreement 2) to the Agreement for Design-Build
Services for Thomas Elementary School (DCAM-23-CS-RFP-0003), with Smoot Construction
Company of Washington DC, in the amount of Dollars $39,286,327.00, which includes a
$4,400,000.00 owner’s allowance (Exhibit A), is consistent with the Department’s current budget
and that adequate funds are available in the budget for the expenditure.
Per the Department of General Services Contracts & Procurement team, the underlying Contract was
deemed approved by the Council on November 12, 2023, as (CA25-0483), with an initial Not-to-
Exceed amount of $5,351,000.00 ($995,000.00 Letter Contract + $4,356,000.00 Early Start Agreement
#1).
The proposed Modification No. 1 will increase the NTE amount of $5,351,000.00 by
$33,935,327.00. If approved, the proposed modification #