MURIEL BOWSER
     MAYOR
October 25, 2024
The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
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 Contract No. DCAM-24-CS-RFP-0025 with KADCON Corporation in the not-to-exceed
amount of $1,487,057.50. The not-to-exceed amount is an early release of funds for the initial
phase of the modernization of Wheatley Education Campus Child Development Center.
As part of the initial phase of the project, KADCON Corporation will provide design and
preconstruction deliverables, including the project schedule, list of long lead items, life safety floor
plans, and insurance certificates, while the District and KADCON Corporation finalize the full
scope and guaranteed maximum price for the project.
My administration is available to discuss any questions you may have regarding this 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 the proposed 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-0025
    Proposed Contractor:                                  KADCON Corporation
    Proposed Contractor’s Principals:                     Riad Kadissi
    Contract Amount (ESA 1):                              Not-to-Exceed (“NTE”) $1,487,057.50
    Unit and Method of Compensation:                      Progress Payments on a monthly basis.
    Term of Contract:                                     From the date of contract execution through
                                                          July 15, 2026 (“Substantial Completion
                                                          Date”), with an Administrative Term Date of
                                                          March 15, 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 KADCON Corporation (the “Contractor”) to provide Design-
    Build Services for the modernization of Wheatley Education Campus Child Development Center,
    located at 1299 Neal Street NE, Washington, DC 20002 (the “Project”). The Project will be completed
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    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, 2026.
    The Project includes design and construction services for the Project. The project shall also include: (i)
    temporary utilities; (ii) public art installation; (iii) furniture; (iv) fixtures; (v) equipment and
    coordination; and (vi) move-in logistical support for a fully functional turn-key Project.
    The District of Columbia 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 $1,487,057.50. 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 May 10, 2024, the Department issued a Request for Proposals (“RFP”) to engage a highly qualified
    design-builder (“Design-Builder” or “Contractor”) for the modernization of Wheatley Education
    Campus Child Development Center.
    The RFP was posted on the Department’s website on May 10, 2024, and a pre-proposal conference
    and a site walk were held on May 15, 2024. The Proposal Due Date was June 7, 2024, and two (2)
    addenda were issued to the RFP.
    Addendum No. 1, issued on May 16, 2024:
      1. Provided the sign-in sheet and business cards from the pre-proposal conference, and site visit
         held on May 15, 2024, at Wheatley Education Campus, located at 1299 Neal Street NE,
         Washington, DC 20002.
    Addendum No. 2, issued on May 23, 2024:
      1. Provided the questions and answers sheet about the RFP.
    Proposal Submissions:
    On the Proposal due date, June 7, 2024, eleven (11) firms submitted proposals.
    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 Certified Business Enterprise (“CBE”).
    Consensus Meeting:
    After the Panel members had completed their individual evaluations of the proposals, the Panel met on
    July 30 and 31, 2024, to develop a consensus technical score and supporting written narrative for each
                                                      2
    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 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 (88.68) 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 will be executed by the Contractor and the Department.
    Contract Award:
    By the award memorandum executed on August 15, 2024, the Department awarded Contract No.
    DCAM-24-CS-RFP-0025 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.
(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 design-build solutions,
    preconstruction consultation, project management, and general contracting. The Contractor caters to a
    wide array of sectors, including commercial, multi-family, institutional, foreign missions, education,
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    and historic restoration projects. The Contractor has spearheaded numerous projects in collaboration
    with the DGS, the District of Columbia Department of Park and Recreation, the District of Columbia
    Department of Housing Authority, and the District of Columbia Department of Public Schools.
    The Contractor has successfully completed the following projects for DGS and other organizations:
    1.   Ballou Elementary School Washington, DC, a $9,580,000 project.
    2.   Sherwood Recreation Center Washington, DC, a $303,835 project.
    3.   Drew Elementary School Washington, DC, a $1,565,000 project.
    4.   Lansburg Park Washington, DC, a $895,600 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:
    LSDX95309072027). 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 Contract’s NTE amount of $1,487,057.50 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 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.
(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
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(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.
(O) (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.
(P) 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.:
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    According to the DSLBD’s website, the Contractor is a certified Local Business Enterprise and
    Resident Owned Business. The Contractor’s CBE Number is LSDX95309072027, with an expiration
    date of July 9, 2027.
(Q) Other aspects of the proposed contract that the Chief Procurement Officer considers significant:
    None.
(R) 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.
(S) 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.
(T) 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.
(U) 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.
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                                               Exhibit A
Contracts that KADCON Corporation Currently Holds with The District (Not Limited to DGS only):
 Contract Number                   Project Caption                                Project Value
 1. Duke Ellington Track and       Design Build service for Duke Ellington
    Field                                                                         $965,433
                                   Field house and track Renovation
 2. John Hyden Middle School
    and Garrison ES Athletic       Design Build Service for Athletic field
                                                                                  $1,536,568
    Field Lighting                 Lighting at both schools
 3. Emery Elementary School        Design Build Service for Athletic field
    Electric Service Upgrade                                                      $332,330
                                   Lighting at both schools
 4. Upshur Recreation Center       Design Build service for an all-inclusive
    Modernization                  Upshur Recreation Center to best execute       $950,000
                                   DPR programmatic needs
 5. Modernization and upgrade      Construction Service to modernize and
    the 6th Floor Restroom at      upgrade the 6th floor restrooms at Marion S.   $697,819
    Marion S. Barry JR. Building   Barry Building
 6. DCHA Vacant Unit Make
    Ready                          Construction service for vacant unit           $191,161
Contracts KADCON Corporation Is Currently Seeking with The District (Not limited to DGS only):
 Contract Number                   Project Caption                                Project Value
 1. Randall Recreation Center -    Construction service for the renovation of
    CM                                                                            $14,737,069
                                   Randle Recreation Center
 2. Rumsey Aquatic Center          Full Design and Construction Service for the
    Modernization                                                                 $21,200,000
                                   new aquatic center at the same location
 3. Park View Recreation Center    Demolition of the existing recreation center
    Modernization                                                                 $16,500,000
                                   and design and build a new recreation center
 4. T