Bill Summary – FastDemocracy

MURIEL BOWSER

     MAYOR

June 25, 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

Contract No. DCAM-23-CS-RFP-0009 with Chiaramonte-DAVIS, A Joint Venture, in the not-to-

exceed amount of $27,185,263.00 (including an existing letter contract amount of $995,000.00).

The not-to-exceed amount is an early release of funds for the initial phase of the modernization of

J.O. Wilson Elementary School. The contract has a substantial completion date of July 15, 2026.

The proposed contract includes an early start agreement of funds for the initial phase of the Design-

Build Services for J.O. Wilson Elementary School Modernization project. As part of the initial

phase of the project, Chiaramonte-DAVIS, A Joint Venture, will provide design and

preconstruction deliverables while the Department of General Services (“DGS”) and

Chiaramonte-DAVIS, A Joint Venture, finalize the full scope and guaranteed maximum price for

the project under its agreement with DGS.

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, 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

                              (Letter Contract or Emergency Contract)

(A) Contract Number:                                     DCAM-23-CS-RFP-0009

    Proposed Contractor:                                 Chiaramonte-DAVIS, A Joint Venture

    Proposed Contract Amount:                            Not-to-Exceed      (“NTE”)  Amount:

                                                         $27,185,263.00 (includes $995,000.00

                                                         Letter Contract amount)

    Unit and Method of Compensation:                     Progress payments on a monthly basis

    Term of Contract:                                    October 11, 2023 (date of execution of the

                                                         Letter Contract by the Department) through

                                                         July 15, 2026 (“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:

    Not applicable.

(C) The date on which the letter contract or emergency contract was executed:

    The Notice to Proceed & Letter Contract (“Letter Contract”) was executed on October 11, 2023.

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(D) The number of times the letter contract or emergency contract has been extended:

    The Letter Contract has been extended one time. Modification No. 2 to the Letter Contract, executed

    on April 1, 2024, extended the term of the Letter Contract to October 7, 2024.

(E) The value of the goods and services provided to date under the letter contract or emergency

    contract, including under each extension of the letter contract or emergency contract:

    The total value of the services provided to date is $995,000.00, which represents the initial NTE

    amount established by the Letter Contract.

(F) 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 Chiaramonte-DAVIS, A Joint Venture, (the “Contractor”)

    to provide Design-Build Services for the J.O. Wilson Elementary School Modernization project,

    located at 660 K Street, NE, Washington, DC 20002 (the “Project”). The Project will be completed

    in two modernization 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 proposed Contract’s NTE amount of $27,185,263 is for an early start agreement submission and

    is based on several preliminary anticipated costs for the Project as determined by the Contractor.

    Costs included in this early start agreement includes: (i) general requirement; (ii) existing

    conditions/demolitions/abatement; (iii) concrete, structural, steel, and elevators,; (iv) fire protection;

    (v) HVAC/Plumbing/Geothermal; (vi) electrical, dry utilities, and earthwork; and (vii) bond before

    a full guaranteed maximum price (“GMP”) package.

(G) 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 March 9, 2023, the Department issued a Request for Proposals (“RFP”) to engage a design-

    builder for the project.

    The RFP was posted on the Department’s website on March 9, 2023, and a Pre-Proposal Conference

    and site walk were held on March 13, 2023, at 660 K Street, NE, Washington, DC 20002. The

    Proposal Due Date was set for May 12, 2023. There were two (2) addenda issued to this RFP.

    Addendum No. 1, issued on March 14, 2023:

         1. Provided the sign-in sheet and business cards from the pre-proposal conference and the

            site visit held on March 13, 2023, at J.O. Wilson Elementary School located at 660 K

            Street, NE, Washington, DC 20002.

    Addendum No. 2, issued on May 4, 2023:

         1. Provided Questions and Answers about the RFP.

         2. Incorporated Attachment M (Form of Contract) to the RFP.

         3. Incorporated Attachment N (Notice to Proceed and Letter Contract) to the RFP.

         4. Revised Attachment I (SBE Subcontracting Plan) and incorporated it into the RFP.

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Proposal Submissions:

On the proposal due date, May 12, 2023, four (4) firms collectively submitted proposals, one of

which was a joint venture.

Technical Evaluation Process:

Each Offeror’s technical proposal was independently evaluated by a Technical Evaluation Panel

(“TEP” or “Panel”).

A kick-off meeting was held with the Panel on May 26, 2023. The kick-off meeting established a

schedule for the evaluation of proposals and discussed in detail the roles and responsibilities of the

Panel. In addition, each Panel member completed the required Disclosure Agreement and

Confidentiality Agreement.

Consensus Meeting:

After the Panel members had completed their individual evaluations of the proposals, the Panel

met on June 5, 2023, to develop a consensus technical score and the 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 Department’s Contracting Officer carefully reviewed each of the proposals and independently

rated each Offeror. He further carefully reviewed the evaluation process followed by the Panel, their

notes and scoresheets, and their final consensus technical evaluation and concluded that the Panel’s

technical evaluations of the proposed Offerors were proper and reasonable.

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 of the three components (technical, price, and CBE preference) were

combined, the Contractor was the highest-ranked Offeror. 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.

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    Contract Award:

    By the award memorandum executed on July 10, 2023, the Department awarded Contract No.

    DCAM-23-CS-RFP-0009 to the Contractor, as such award would be most advantageous to the

    District.

(H) 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.

(I) 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.

(J) 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 a joint venture located in the District of Columbia. The Contractor’s team is lead

    and controlled by Chiaramonte Construction Company (“Chiaramonte”), representing 51% of the

    total management.

    Over the past eighteen years, Chiaramonte has successfully managed numerous DC projects for the

    DGS. Its team has extensive experience working on urban sites with similar constraints and

    challenges as the J.O. Wilson Modernization. They have completed projects that clearly represent

    similar project experience and capabilities.

    The Contractor is comprised of a talented group of design and construction professionals who have

    committed to the site and building facility modernization. Its strategy for success is to provide an

    experienced team of design and construction personnel who have proven track records in accelerated

    delivery schedules, as well as a proven track record of performing for the District and DGS. The

    proposed project team is made up of an exclusive team of professionals who are familiar with

    complex site and facility development.

    The firms comprising the joint venture have successfully completed the following projects for

    DGS and other organizations:

   1.   The new Ballou Senior High School, Washington, DC, $150,000.000.00 project.

   2.   Smothers Elementary School expansion, Washington, DC, $50,800,000.00 project.

   3.   John Lewis Elementary School, Washington, DC, $77,500,000.00 project.

   4.   Watkins Elementary School, Washington, DC, $41,000,000.00 project.

   5.   C.W. Harris Elementary School, Washington DC, $52,000,000.00 project.

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    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.

(K) 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:

    LSZX95366032025). 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.

    Contract’s NTE Dollar Value:                    $27,185,263.00

    Subcontracting Requirement %:                   35%

    Subcontracting Plan Required Dollar Value:      $9,514,842.05

    Subcontracting Plan Actual Dollar Value:        $9,266,309.00

(L) Performance standards and the expected outcome of the proposed contract:

    The Contractor is required to provide all design, preconstruction, and construction services, as well

    as all 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 $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.

(M) The amount and date of any expenditure of funds by the District pursuant to the contract

    before its submission to the Council for approval:

    The Letter Contract executed by the Department on October 11, 2023, provides for an initial NTE

    amount of $995,000, representing the total expenditure of funds authorized to date.

(N) 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.

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(O) 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.

(P) 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.

(Q) 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.

(R) 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 DSLBD’s website, the Contractor is a certified Local Business Enterprise and Resident

    Owned Business. The Contractor’s CBE Number is LSZX95366032025, with an expiration date of

    March 1, 2025.

(S) Other aspects of the proposed contract that the Chief Procurement Officer considers

    significant:

    None.

(T) 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.

(U) 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.

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(V) 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 contract

    will be made available on the DGS website upon approval.

(W) 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.

(X) (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 Chiaramonte-DAVIS, A Joint Venture Currently Holds with The District (Not

Limited to DGS only):

Contract Number                                 Pr