MURIEL BOWSER
MAYOR
June 24, 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. 2 to Contract No. DCAM-22-CS-RFP-0018 with MCN Build, Inc., in
the amount of $107,686,296.00. The contract’s has substantial completion dates of December 9,
2024, for Part 1 and July 15, 2025, for Part 2.
Under the proposed modification, MCN Build, Inc., 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. 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) 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
(Contract)
Modification No. 2 to Design-Build Services for Browne Education Campus School Modernization
(A) Contract Number: DCAM-22-CS-RFP-0018
Modification No. 2
Contractor: MCN Build, Inc.
Proposed Increased Contract Amount
Via Modification No. 2: $59,804,936.00
Total Contract Amount (Final Guranteed
Maximum Price (“GMP”)): $107,686,296.00
Unit and Method of Compensation: Progress payments on a monthly basis
Term of Contract: January 13, 2023 (date of execution of the
Letter Contract by the Department) to
December 9, 2024 (“Part 1 Substantial
Completion Date”) and July 15, 2025 (“Part
2 Substantial Completion Date”)
(collectively, the “Substantial Completion
Dates”); with an Administrative Term of
March 15, 2027.
Type of Contract: Cost Plus Fixed Fee with a 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 the Contractor to provide design-
build services for the modernization of the Browne Education Campus (the “Project”). The Project is
divided into two phases: (i) the Design and Preconstruction Phase; and (ii) the Construction Phase.
The Project includes the complete renovation and modernization of the Browne Education Campus
consisting of design and construction services including but not limited to approximately 132,906
square feet of renovated space, new roof, new building systems, full site improvements, public space
improvements, and temporary swing space accommodations. The project will also include the
renovation of the 1930s and 1950s buildings, the demolition of the 1970s building, and construction
of an additional building on the site's Northside.
The underlying Contract was deemed approved by the Council on June 5, 2023, as CA25-227, with
an initial not-to-exceed (“NTE”) amount of $9,790,832.00 ($995,000.00 Letter Contract amount +
$8,795,832.00 Early Start Agreement (“ESA”) #1). Modification No. 1 (ESA 2) to the Contract was
approved by Council on July 10, 2023, as CA25-301, and increased the NTE by $38,090,528.00,
totaling $47,881,360.00 for additional early release work.
The Department now seeks Council approval to execute proposed Modification No. 2. If approved,
Modification No. 2 will increase the Contract’s NTE amount by $59,804,936.00, from
$47,881,360.00 to $107,686,296.00. Modification No. 2 will establish the Contract’s 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 (CA25-227) on June 5, 2023. Additionally, Modification No. 1 (ESA 2) was deemed
approved by the Council on July 10, 2023, as CA25-301, increasing the NTE amount to
$47,881,360.00.
(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 others. 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 six
construction projects, which were completed by the Contractor:
1. Bard High School Early College in Washington, DC;
2. MacFarland Middle School in Washington, DC;
3. C.W. Harris Elementary School in Washington, DC;
4. Jefferson Middle School in Washington, DC;
5. Murch Elementary School in Washington, DC; and
6. Banneker Academic High School 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:
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 Contractor submitted a subcontracting plan as follows:
Contract’s NTE Dollar Value $107,686,296.00
Subcontracting Requirement % 35%
Subcontracting Plan Required Dollar Value $37,690,203.60
Subcontracting Plan Actual Dollar Value $38,251,373.00
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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 December 9, 2024, for Part 1,
and July 15, 2025, for Part 2. 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 January 13, 2023, provided for an initial NTE
amount of $995,000.00. The underlying Contract executed by the Department on June 13, 2023,
provided an NTE amount of $9,790,832.00 ($995,000.00 Letter Contract amount + $8,795,832.00.00
Early Start Agreement (“ESA”) #1). Modification No. 1 (ESA 2) to the Contract executed by the
Department on July 13, 2023, provided an NTE of $38,090,528.00, totaling $ 47,881,360.00 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:
Proposed Modification No. 2 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
LR17456042025, with an expiration date of April 18, 2025.
(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:
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 Martin Luther King Elementary School $57,000,000
2. DCAM-23-CS-RFP-0018 Modular Campus at Nalle $16,000,000
3. DCAM-22-CS-RFP-0018 Browne Education Campus $97,000,000
4. DCAM-22-CS-RFP-0017 MacArthur High School $72,000,000
5. DCAM-22-CS-RFP-0002 Fort Lincoln Park $29,000,000
6. DCAM-21-CS-RFP-0013 Garfield Elementary School $52,000,000
7. DCAM-21-CS-RFP-0019 School Without Walls at 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-23-CS-RFP-0037 New Fort Davis Community Center Building $27,500,000
2. DCAM-23-CS-RFP-0036 Crummel Community Center Modernization $28,300,000
New Douglass Community Center
3. 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: May 17, 2024 Notice Number: L0011890888
MCN BUILD INC FEIN: **-***3429
1214 28TH ST NW Case ID: 6366177
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 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
Director, Department of General Services
From: Antoinette Hudson - Beckham
Agency Fiscal Officer
Department of General Services
Reference: Proposed Modification No. 2 to Contract No. DCAM-22-CS-RFP-0018
Design-Build Services for Browne Education Campus Modernization
Date: May 31, 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. 2 (GMP Amendment) to the Agreement for Design Build Services for
Browne Education Campus Modernization (DCAM-22-CS-RF