Bill Summary – FastDemocracy

MURIEL BOWSER

     MAYOR

June 20, 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

Contract No. DCAM-24-CS-RFP-0013 with Atmos Solutions Inc., in the not-to-exceed amount of

$1,947,751.30. The not-to-exceed amount is an early release of funds for the initial phase of the

modernization of Emery Elementary School.

As part of the initial phase of the project, Atmos Solutions Inc. will provide design and

preconstruction deliverables including HVAC replacement, electrical heavy-up, new ceilings, and

lights, while the District and Atmos Solutions 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.

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)

(A) Contract Number:                                      DCAM-24-CS-RFP-0013

    Proposed Contractor:                                  Atmos Solutions, Inc.

    Contract Amount (ESA 1):                              Not-to-Exceed $1,947,751.30

    Unit and Method of Compensation:                      Progress Payments on a monthly basis.

    Term of Contract:                                     From the date of contract execution through

                                                          August 17, 2026 (Substantial Completion Date), with

                                                          an Administrative Term Date of December 30, 2027.

   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 Atmos Solutions Inc. (the “Contractor”) to provide Design-Build

    Services for the HVAC Upgrades of Emery Elementary School, located at 1720 First Street NE, Washington,

    DC 20002 (the “Project”). The Project will be completed in two phases: (i) the Design and Preconstruction

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    Phase; and (ii) the Construction Phase. The substantial completion of the Project shall occur on or before

    August 17, 2026.

    The Project includes full design and construction services for upgrades to the existing school while the school is

    occupied. The upgrades shall include HVAC replacement, electrical heavy-up, new ceilings, and lights.

    The Department of General Services (the “Department” or “DGS”) 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 $1,947,751.30. 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 February 14, 2024, the Department issued a Request for Proposals (" RFP ") to engage a Design-Builder

    ("Design-Builder" or “Contractor") for the HVAC Upgrades of Emery Elementary School, located at 1720

    First Street NE, Washington, DC 20002.

    The RFP was posted on the Department’s website on February 14, 2024, and a pre-proposal conference and a

    site walk were held on February 16, 2024 and February 23, 2024. The Proposal Due Date was March 8, 2024.

    There were four (4) addenda issued to the RFP.

    Addendum No. 1, issued on February 15, 2024:

   • Revised the preproposal conference and site visit time.

    Addendum No. 2, issued on February 16, 2024:

   • Provided the attendance sheet from the pre-proposal conference and site visit.

    Addendum No. 3, issued on February 20, 2024:

   • Revised item No. 1 of Addendum No. 1.

   • A follow-up site visit was scheduled for February 23, 2024

   • Extended the questions due date to February 27, 2024.

    Addendum No. 4, issued on February 28, 2024:

   • Provided the attendance sheet from the pre-proposal conference and site visit held on February 23, 2024.

   • Provided the questions and answers about the RFP.

    Proposal Submissions:

    On the Proposal due date, March 8, 2024, the following seven (7) firms collectively, the "Offerors" and each

    individually, an ("Offeror") submitted proposals.

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    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.

    Consensus Meeting:

    After the Panel members completed their individual evaluations of the proposals, the Panel initially scheduled

    to meet on April 23 and April 24, 2024, to develop the 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 (86.87) 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 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 May 10, 2024, the Department awarded Contract No. DCAM-24-

    CS-RFP-0013 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.

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(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 is based in Washington, DC, and is a 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. MacArthur Blvd High School Washington, DC, a $4,100,000 project.

    2. Neval H. Thomas Elementary School Washington, DC, a $10,400,000 project.

    3. International Monetary Fund Washington, DC, a $3,700,000 project.

    4. Boeing Headquarters Washington, DC, a $1,200,000 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:

    LSDRE82395012025). 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

    GMP. The Contract’s NTE amount of $1,597,751.30 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 August 17, 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 $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

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    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:

    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.

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(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 LSDRE82395012025, with an expiration date of January

    13, 2025.

(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’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 Atmos Solutions Inc. Currently Holds With District Agencies (not only DGS):

        Contract Number                           Project Caption                  Project Value

   1.   DCAM-22-CS-RFQ-

                                Oxon Run Fitness/Park                                  $1,041,733.75

        0016B/RFTOP-CS-0106

   2.   DCAM-22-CS-RFQ-

        00016B / RFTOP-CS-      DB Plummer ES Cafeteria/Kitchen Reno/Addition          $4,000,000.00

        0007

   3.   DCAM-20-CS-RFQ-

                                Winter Blitz (Kennedy Recreation Center)                     $65,000.00

        0001T

   4.   DCAM-22-CS-RFQ-

                                DB Services for Barry Farm Recreation Center

        0016B / DCAM-22-CS-                                                            $2,500,000.00

                                HVAC Upgrades

        RFQ-0016B

   5.   DCAM-22-CS-RFQ-

        0016B / RFTOP-CS-                                                              $2,200,000.00

        0006                    DB-Davis ES-CDC Swing Space Upgrades

   6.   DCAM-22-CS-RFQ-

                                DB Key ES, Noyes ES, and Sousa MS Boilers

        0016B / RFTOP-CS-                                                              $1,800,000.00

                                Replacement

        0005

   7.   DCAM-22-CS-RFQ-

        0016B / RFTOP-CS-       Roosevelt HS Water Fountain Replacement                      $40,699.88

        0014

   8.   DCAM-22-CS-RFQ-

                                HSEMA Parking Lot                                      $1,000,000.00

        0016B

   9.   DCAM-20-CS-RFQ-

        0001T / RFTOP-CS-       Palisades Recreation Center Dog Park                    $735,650.13

        0200

   10. DCAM-22-CS-IFB-0005      New Jersey Park                                        $1,501,825.75

    11. DCAM-20-CS-RFQ-

        0001T / RFTOP-CS-   Walter Pierce Upgrades Phase 2                              $594,550.00

        0055

   12. DCAM-20-CS-RFQ-0001T

                            Eastern Market Upgrades                                    $1,729,191.39

   – Task Oder No. 10

    13. DCAM-22-CS-RFQ-

        0016B / RFTOP-CS-   Hardy Middle School Locker & Stage Wood Floor               $127,383.31

        0003

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14. DCAM-22-CS-RFQ-