MURIEL BOWSER
MAYOR
December 13, 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 202of 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. 6 to Contract No. DCAM-21-CS-IFB-0003 with Fort Myer
Construction Corporation (“Fort Myer”) to increase the not-to-exceed amount by $2.598,670.23,
from $29,797.015.17 to $32,395,685.40. The final acceptance date is January 30, 2025. The
underlying contract was approved on December 24, 2021, under CA24-0343.
Under the proposed contract modification, Fort Myer will perform construction activities to
reconfigure utilities in the Cypress Street areaof the 13th Street SE project, a major part of the
redevelopmentofthe St. Elizabeths East Campus. Fort Myer will also perform significant clearing,
grubbing, and grading
My administration is available to answer any questions you may have regarding the proposed
contract modification. 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 considerationof this contract modification.
Sincerely,
Murfel Bo¥ser
 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
(Standard)
Modification No. 6 to Contract No. DCAM-21-CS-IFB-0003
Redevelopment St. Elizabeths East Campus – 13th Street SE Infrastructure Improvements
(A) Contract Number: DCAM-21-CS-IFB-0003
Modification No. 6
Contractor: Fort Myer Construction Corporation
Proposed Increased Amount
Via Modification No. 6: $2,598,670.23
Total Contract
Not-to-Exceed (“NTE") Amount: $32,395,685.40
Unit and Method of Compensation: Progress payments based on Fixed Unit Prices
Term of Contract: January 5, 2022, through January 30, 2025
Type of Contract: Fixed Unit Prices with NTE amount
Source Selection Method: Competitive Sealed Bid (Invitation for Bid)
(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 modification:
The Contract between the Department of General Services (“DGS” or the “Department”) and the
Fort Myer Construction Corporation (the “Contractor”) requires the Contractor to provide
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 construction services to complete the infrastructure improvements to 13th Street, SE, a major effort
in the redevelopment of the St. Elizabeths East Campus. The work includes, but is not limited to,
providing site and utility demolition, erosion and sediment control measures, new underground
wet and dry utilities, and a new roadway of approximately 1,740 linear feet for 13th Street, SE,
including the intersections at Cypress Street, SE, Cherry Street, SE, and the new entrance roadway
and security booth. The scope of work also includes construction of several all-weather DC Water
and WMATA maintenance roadways and storm sewer and sanitary sewer infrastructure
improvements in the ravine area.
The underlying contract was deemed approved by the Council on December 24, 2021, under
CA24-0343 with a Not-to-Exceed (“NTE”) amount of $22,992,912.30. Modification No. 1 to the
Contract in the amount of $6,804,102.87 was deemed approved on July 13, 2023, through CA25-
0309. Modification No. 1 funded additional services resulting from unforeseen site conditions,
removal and disposal of contaminated soil, and fulfillment of DC Water and WMATA requirements
and increased the Contract’s NTE amount by $6,804,102.87, totaling $29,797,015.17
($6,804,102.87 plus $22,992,912.30).
The Department issued Contract Modification Nos. 2, 3, 4, and 5, all no-cost modifications to
extend the Contract’s Final Acceptance Date.
The Department now seeks Council approval to execute proposed Modification No. 6. If approved,
Modification No. 6 will increase the NTE amount to fund the construction activities required to
address the design revisions to reconfigure the utilities on Cypress Street area of the project and
additional design efforts required by the District Department of Transportation for the storm sewer
system. In addition, the construction activities include significant clearing, grubbing, and grading
to access the affected areas.
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 deemed
approved by the Council (CA24-0343) on December 24, 2021. Modification No. 1 was
subsequently deemed approved by the Council (CA25-0309) on July 13, 2024.
(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) 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 modification:
For nearly 50 years, Fort Myer Construction Corporation (the “Contractor”) has served the
infrastructure needs of the District of Columbia (the “District”), Maryland, and Virginia. The
Contractor has received a number of awards for its infrastructure work throughout the District,
Maryland and Virginia and has completed notable projects such as the widening of Route 1 in
Prince William County, Virginia, the reconstruction of the intersection of MD 97 at Randolph
Road in Montgomery County, Maryland, construction of the District’s fiber optic network, and the
31st Street Bridge in the District. The Contractor reports over 900 employees and a fleet of over
1,100 modern vehicles. The Contractor has received satisfactory performance evaluations for their
work on this project as well as other similar projects completed on St. Elizabeths East Campus.
The Contractor has been determined responsible in accordance with 27 DCMR 4706.1.
(G) 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:
LZXM01976102026). The Contractor submitted a subcontracting plan that meets the minimum
requirements of the Act.
Contract Dollar Value $32,395,685.40
Contractor Self-Performing $22,029,066.07
Subcontracting Effort $10,366,619.33
Subcontracting Plan Dollar Value $9,167,700.35
Subcontracting % 88%
(H) Performance standards and the expected outcome of the proposed contract modification:
The Contractor is required to provide all labor, tools, equipment, and materials and other services
necessary for completion of the Project by the Final Acceptance Date of January 30, 2025. The
Contractor is subject to liquidated damages of $5,000 per workday of delay for failure to timely
complete the work for the Project. Additionally, the Department may also withhold payments to
the Contractor based on defects in any application for payment or performance on the Project.
In general, the Contractor must perform the requirements contained in the Contract and meet or
exceed the performance standards therein. The Contractor’s performance will be monitored by
DGS staff and DGS’s designated Program Manager.
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(I) 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
(J) A certification that the proposed contract modification 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 Modification No. 6’s NTE
amount 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.
(K) A certification that the proposed modification is legally sufficient, including whether the
proposed contractor has any pending legal claims against the District:
Proposed Modification No. 6 has been deemed legally sufficient by the Department’s Office of
the General Counsel.
On October 17, 2024, the Department was made aware that the District’s Attorney General had
filed suit against Fort Myer for alleged violations of the District’s Water Pollution Act. The
Department’s leadership and Contracting Officer acknowledge the significance of the allegations
and the potential implications the allegations could have on the status of the Contractor’s current
and future contract awards.
The Contracting Officer’s responsibility to ensure that District contracts are awarded to
responsible contractors is not a responsibility that is taken lightly. In evaluating a contractor’s
responsibility the District’s procurement regulations permit the Contracting Officer to request
information from the contractor as well as consider information available from other sources,
including the general public. In this case, the Contracting Officer reviewed the information
contained in the October 17, 2024, Washington Post article, requested information from the
Contractor including evidence that the Contractor had complied with federal and District
regulations, and had discussions with representatives of the District’s Office of Contracting and
Procurement (“OCP”). After thoughtful consideration of all information, the Contracting Officer
has determined the contractor responsible. This decision was made based on the following:
- Though very serious, at this point, the Court has not determined the Contractor’s
liability for the allegations included in the Attorney Generals suit.
- The Contractor provided evidence in the form of a copy of the permit issued by the
EPA indicating that the Contractor is currently in compliance with EPA requirements.
27 DCMR § 2202.3 states in part that “[t]he contracting officer may determine the
contractor to be responsible if the circumstances of the prior deficiency were properly
beyond the contractor’s control or if the contractor has taken appropriate corrective
action.”
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 - Conversations with OCP legal staff indicated that OCP had conducted a similar process
of due diligence resulting in a determination that the Contractor was responsible.
(L) 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.
(M) 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.
(N) 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, and Long Time Resident
Owned Business Enterprise and a Local Manufacturing Business Enterprise located in
Development Enterprise Zone. The Contractor’s CBE Number is LZXM01976102026 with an
expiration date of October 17, 2026.
(O) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None
(P) 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.
(Q) 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):
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 None
(R) 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. Copies of contract
documents will be made available upon request.
(S) Where the original solicitation, and any amendments or modifications, will be made
available online:
The original solicitation and any amendments can be found on the Department’s web site, at
https://dgs.dc.gov/event/dcam-21-cs-ifb-0003-redevelopment-st-elizabeths-east-campus-13th-
street-se-infrastructure
(T) 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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 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: December 3, 2024 Notice Number: L0013062535
FORT MYER CONSTRUCTION CORPORATION FEIN: **-***6585
2237 33RD ST NE Case ID: 18371577
WASHINGTON DC 20018-1505
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
Office of the Chief Financial Officer
Memorandum
To: Delano Hunter
Director
From: Antoinette Hudson Beckham
Agency Fiscal Officer
Reference: Redevelopment of St. Elizabeths East Campus – 13th Street SE
Infrast