MURIEL BOWSER
MAYOR
June 26, 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 Actof 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-0006 with Gilbane Building Company in the not-to-exceed
amount of $11,504,202 (including an existing letter contract amount of $995,000). The not-to-
exceed amount is an early release of funds for the initial phase ofthe modernization of Burroughs
Elementary School. The substantial completion date of the modular campus is July 15, 2025, and
the substantial completion date of the modernization is July 15, 2027.
‘As part of the initial phase of the project, Gilbane Building Company will provide design and
preconstruction deliverables, and all costs associated with the modular campus site including long
lead items and elements such as switchgear and trailers, while the District and Gilbane Building
Company 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 ofContracts and Procurement, DGS, at (202) 727-2800.
[look forward to the Council’s favorable consideration of this contract.
SincefPly,
Muri! Bows
 GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
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)
Design-Build Services for Burroughs Elementary School Modernization &
Modular Campus Swing Site
(A) Contract Number: DCAM-24-CS-RFP-0006
Proposed Contractor: Gilbane Building Company
Proposed Contract Amount: Not-to-Exceed (“NTE”) Amount: $11,504,202.00
(includes $995,000.00 Letter Contract amount)
Unit and Method of Compensation: Progress payments on a monthly basis
Term of Contract: April 22, 2024 (date of execution of the Letter
Contract by the Department) through July 15, 2025
(“Substantial Completion Date of the Modular
Campus”) and July 15, 2027 (“Substantial
Completion Date of the Modernization”)
(collectively, the “Substantial Completion Dates”);
with an Administrative Term of March 15, 2028.
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 April 22, 2024.
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(D) The number of times the letter contract or emergency contract has been extended:
None.
(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 not-
to-exceed (“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 the Contractor to provide Design-Build Services for the
Burroughs Elementary School (“Burroughs ES”), located at 1820 Monroe Street, NE,
Washington, DC 20018 (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 before July 15, 2025, for the Modular Campus and July 15, 2027,
for the Modernization.
The proposed Contract’s NTE amount of $11,504,202.00 is for an early start agreement (“ESA”)
submission and is based on several preliminary anticipated costs for the Project as determined by
the Contractor. As part of the project's initial phase, the ESA #1 includes funds for all costs
associated with the modular campus portion of the project including long lead items and elements
such as switchgear and trailers. The ESA #1 also includes design fees, design-build fees,
bonds/insurance, allowances, and general conditions before a full 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 December 12, 2023, the Department issued a Request for Proposals ("RFP") to engage a
design-builder for the modernization of Burroughs ES, located at 1820 Monroe Street, NE,
Washington, DC 20018.
The RFP was posted on the Department’s website on December 12, 2023, and the Pre-Proposal
Conference and a site visit were held on December 18, 2023. The initial proposal due date was
on January 19, 2024, but this was later extended to January 24, 2024. There were five (5) addenda
issued to this RFP.
Addendum No. 1- Issued on December 15, 2023:
• Incorporated Attachment M (Form of Contract) to the RFP.
• Incorporated Attachment N (Notice to Proceed and Letter Contract) to the RFP.
• Revised Section 2.2.1.5 (Construction Management Plan) of the RFP.
Addendum No. 2- Issued on December 19, 2023:
• Provided the sign-in sheet and the business cards from the pre-proposal conference and the site
visit held on December 18, 2023, at 1820 Monroe Street, NE, Washington, DC 20018.
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Addendum No. 3- Issued on January 4, 2024:
• Provided questions and answers about the RFP.
• Extended the proposal due to January 24, 2024.
Addendum No. 4- Issued on January 8, 2024:
• Revised Attachment K (Living Wage Act) and incorporated it into the RFP.
Addendum No. 5- Issued on January 9, 2024:
• Revised Section 3.4.4 (i), (ii), and (iii) (Key Personnel of the Architect /Engineer) of the RFP.
Proposal Submissions:
On the proposal due date, January 24, 2024, five (5) firms (collectively, the “Offerors” and each
individually, an “Offeror”) submitted responsive proposals.
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 February 22, 2024. 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 March 8, 2024, 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 is not a CBE
and so did not receive the CBE points.
Mentor-Protégé Partnership Agreement (“MPPA”) Preference Points:
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 Besides the price, technical, and CBE scoring, a specific number of points were available for
each Offeror based on their MPPA submitted as determined by DGS’s CBE Inclusion Officer.
The Contractor received points based on the MPPA submitted alongside their proposal.
Determination of a Fair and a Reasonable Price:
When the total points for all four components (technical, price, CBE, and MPPA 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.
Contract Award:
By the award memorandum executed on March 29, 2024, the Department awarded Contract No.
DCAM-24-CS-RFP-0006 to the Contractor, as such an 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 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 based in Arlington, Virginia, and is not a CBE. The Contractor is specialized
in construction and facilities management, real estate development, property management, and
consulting services. The Contractor has successfully completed multiple school modernization
projects for DGS including:
1. John Lewis Elementary School in Washington, DC;
2. Roosevelt Senior High School in Washington, DC;
3. Ron Brown College Preparatory High School in Washington, DC;
4. Whitlock Elementary School in Washington, DC;
5. Marie Reed Elementary School & Community Learning Center in Washington, DC; and
6. Van Ness Elementary School in Washington, DC.
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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 not a certified business enterprise. 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 preliminary
subcontracting plan, which will be finalized at the time of GMP, is as follows:
Contract’s NTE Dollar Value $11,504,202.00
Subcontracting Requirement % 35%
Subcontracting Plan Required Dollar Value $4,026,470.70
Subcontracting Plan Actual Dollar Value $3,929,132.00
(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 other services necessary to substantially complete the Project no later than July 15, 2025,
for the Modular Campus and July 15, 2027, for the Modernization. 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
prior to its submission to the Council for approval:
The Letter Contract executed by the Department on April 22, 2024, provides for an initial NTE
amount of $995,000, representing the total expenditure of funds authorized to date.
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(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.
(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 statement 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 complies 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 taxes.
(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.:
The Contractor is not a CBE.
(S) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None.
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(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.
(V) Where the contract, and any amendments or modifications, if executed, will be made
available online:
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 have been 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
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 Government of the Distric