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MURIEL BOWSER
MAYOR
December 16, 2024
The Honorable Phil Mendelson
Chairman, Council ofthe District ofColumbia
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 ofthe Procurement Practices Reform Act of2010 (D.C. Official Code§
2-352.02), enclosed for consideration and approval by the Council ofthe District ofColumbia is
Contract No. DCAM -23-CS-RFP-0035 with MCN Build, Inc., in the not-to-exceed amount of
$4,211,130 (including an existing letter contract amount of$990,000). The not-to-exceed amount
is an early release of funds for the initial phase of the construction of the Douglass Community
Center Building and Pool.
As part ofthe initial phase ofthe project, MCN Build, Inc., will complete the design, demolish the
existing building, and release long lead items, while the District and MCN Build, Inc., finalize the
full scope and guaranteed maximum price for the project.
My administration is available to answer 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,
ChiefofContracts and Procurement, DGS, at (202) 727-2800.
I look forward to the Council's favorable consideration ofthis contract.
Sincerely,
 GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Pursuant to Section 202(c-1) 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
Proposed Contract for Early Start Agreement (“ESA”) No. 1 to Design-Build Services for
Construction of New Douglass Community Center Building & Pool
(A) Contract Number: DCAM-23-CS-RFP-0035
Proposed Contractor: MCN Build, Inc.
Contractor’s Principals: Joseph Khoury
Executive Vice President
Letter Contract: $990,000.00
Aggregate Amount of Letter
Contract and Proposed Contract: $4,211,130.00
Total Proposed Contract Amount:
(“Not-to-Exceed Amount” or “NTE
Amount”) $4,211,130.00
Unit and Method of Compensation: Progress payments on a monthly basis
Term of Contract: April 24, 2024 (date of execution of the Letter
Contract by the Department) through January 20,
2027 (Administrative Term Date) with a Substantial
Completion Date of July 17, 2026, and Final
Completion Date of July 24, 2026.
Type of Contract: Cost-plus fixed fee with Guaranteed Maximum
Price
Source Selection Method: Competitive Request for Proposals (“RFP”)
(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:
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 Not applicable.
(C) The date on which the letter contract or emergency contract was executed:
A letter contract with the Contractor was executed by the Department of General Services (“DGS”
or the “Department”) on April 24, 2024 (the “Letter Contract”).
(D) The number of times the letter contract or emergency contract has been extended:
Modification No. 1 to the Letter Contract, executed on July 18, 2024, extended the duration of the
Letter Contract to October 31, 2024.
Modification No. 2 to the Letter Contract, executed on October 29, 2024, extended the duration of
the Letter Contract to January 31, 2025.
(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 under the Letter Contract is $990,000.00, which
represents the 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:
The existing 4,350 square-foot Douglass Community Center is on a 4.5-acre site and includes a
community center, pool house, outdoor pool, pump house, playground, and baseball field. The
center's outdoor features include park space (with grills and shade trellis), a baseball/multi-use
athletic field, three outdoor basketball courts, a playground, and walking paths surrounding the
park.
Inside, the center has an office, a computer lab, a kitchen, and a multi-purpose room. In addition,
the Center offers a variety of outdoor sports programs (basketball, tee-ball, and football), after-
school programs, and summer camps.
The Design-Builder shall design and construct a new community center. The programming,
design, construction, modification, revitalization, and renovations will include but are not limited
to the community center, pool and pool house, splash pad, playground, overall landscaping, site
furnishings, amenities, signage, hardscaping, and all improvements to comply with Americans
with Disabilities Act.
The Project has an approved budget of $25,000,000.00. The proposed NTE amount of
$4,211,130.00 is an early release of funds for the initial phase of the construction of the new
Douglass Community Center Building & Pool to complete the design, demolish the existing
building, and release long lead items, while the District and MCN Build Inc. finalize the full scope
and guaranteed maximum price for the project. As the proposed amount of the Contract exceeds
$1 million, Council approval is required for this contract action.
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(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 October 11, 2023, the Department posted RFP No. DCAM-23-CS-RFP-0035, Design-Build
Services for Construction of New Douglass Community Center Building & Pool, to engage a
contractor to provide Design-Build services for the Project on the Department’s website.
There were five (5) Addenda issued to this RFP.
Addendum No. 1 was issued on October 12, 2023.
- Modified the Site Visit and Pre-Proposal Conference Schedule.
Addendum No. 2 was issued on November 1, 2023.
- Provided the list of the Site Visit Attendees.
- Removed Attachments V and W from the RFP.
Addendum No. 3 was issued on November 7, 2023.
- Provided DGS’s response to the RFI.
- Provided the As-built drawings.
- Extended the Proposals Due Date.
- Provided the Revised Scope of Work.
- Provided the Revised Project Budget.
Addendum No. 4 was issued on November 15, 2023.
- Provided DGS’s response to the RFI.
- Extended the Proposals Due Date.
Addendum No. 5 was issued on November 22, 2023.
- Provided the Notice to Proceed/Letter Contract.
- Provided the Form of Contract.
Proposal Submissions:
On the Proposals’ due date, November 30, 2023, six (6) firms (collectively, the "Offerors" and
each individually, an "Offeror") submitted Proposals in a timely manner.
Technical Evaluations Process:
Each Offeror’s technical proposal was independently evaluated by a Technical Evaluation Panel
(“TEP” or “Panel”). A kick-off meeting was held and established a schedule for the evaluation of
proposals and discussed in detail the roles and responsibilities of the TEP. In addition, each TEP
member completed the required Disclosure Agreement and Confidentiality Agreement. Prior to
convening the evaluation meeting, each member of the Panel individually completed an
evaluation of the proposals.
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 Consensus Meeting:
After the Panel members had completed their individual evaluations of the proposals, the Panel
met on January 24, 2024, and February 1, 2024, to develop the consensus technical score for each
Offeror.
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.
The Contractor received 7 preference points or a 7 percent reduction in price.
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.
Contract Award:
On April 24, 2024, the Department awarded Letter Contract No. DCAM-23-CS-RFP-0035 to the
Contractor as such award was determined to 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) The description of any other contracts the proposed contractor is currently seeking or holds
with the District:
Ongoing Projects:
1. DCAM-22-CS-RFP-0002 - CMAR Ft. Lincoln Park
2. DCAM-22-CS-RFP-0018 - Design Build for Browne Education Campus
3. DCAM-23-CS-RFP-0008 - Design Build for Tubman ES
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 4. DCAM-23-CS-RFP-0017 - Design Build for MacArthur HS
5. DCAM-23-CS-RFP-0035 - Design Build for New Douglass
6. DCAM-24-CS-RFP-0004 - Design Build for MLK Jr ES
7. DCAM-24-CS-RFP-0024 - CMAR for Jelleff Rec Center
8. DCAM-24-CS-RFP-0028 - Design Build for Whitter EC
Bids submitted:
1. RFP-DCAM-24-CS-RFP-0030 - Euclid MS Modernization
2. RFP-DCAM-24-CS-RFP-0029 - Hart MS and Internal Swing
3. DCAM-24-CS-RFP-0016 - Fletcher Johnson Demolition/Raze and Roadway and
Infrastructure Improvements
4. DCAM-24-CS-RFP-0035 - Burrville ES Modernization
5. DCAM-24-CS-RFP-0016 - Langdon Park Community Center
(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:
MCN Build, Inc. is a Certified Business Enterprise (“CBE”) with more than 150 school projects
in its portfolio, including more than 45 major projects for the Department and more than 14 park
and recreational projects. MCN Build has spent the past 16 years transforming community spaces
in the District into cutting-edge public facilities. In 2009, MCN Build undertook its first DGS
project, modernization of the Harriet Tubman Elementary School – the largest elementary school
in the DC Public School system at that time. MCN Build has delivered more than 45 major state-
of-the-art, dynamic facilities for DGS and DPR combined.
(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:
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.
(L) Performance standards and the expected outcome of the proposed contract:
The Contractor will be required to program, fully design, modify, and construct the Douglass
Community Center, pool, and park. The programming, design, construction, modification,
revitalization, and renovations will include but are not limited to the community center, pool and
pool house, splash pad, playground, overall Project landscaping, site furnishings, amenities,
signage, hardscaping and all improvements to comply with Americans with Disabilities Act and
complete the project no later than July 17, 2026 (Substantial Completion Date). The Contractor’s
performance will be monitored by DGS staff and DGS’ designated Program Manager.
Additionally, the Contractor must adhere to the terms and conditions of the Standard Contract
Provisions for Construction Contracts.
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(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 24, 2024, provides for an initial NTE
Amount of $990,000.00, which represents 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 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.
(O) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
The Letter Contract and proposed Contract have 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.
(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 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.:
According to the DSLBD website, the Contractor is a certified Local Business Enterprise. The
Contractor’s CBE Number is LR17456042025, with an expiration date of April 18, 2025.
(S) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
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 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 and 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):
Not applicable.
(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. Copies of contract
documents will be made available on the Department’s website, if approved.
(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