MURIEL BOWSER
MAYOR
December 16, 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 Modification No. 2 to Contract No. DCAM-22-CS-RFP-0019 with Smoot Construction
Company of Washington, DC. If approved, Modification No. 2 will increase the contract's not-to­
exceed amount by $22,501,276.21, from $37,013,096 to $59,514,372.21.
The underlying contract was deemed approved by the Council on August 28, 2023, as CA25-0339,
as an early start agreement to complete a preliminary scope of work including the provision of
construction management at risk services for the DC Infrastructure Academy at the Spingarn High
School building.
Under proposed Modification No. 2, Smoot Construction Company of Washington, DC will
continue to provide construction management at risk services for the DC Infrastructure Academy
at the Spingarn High School building, as well as stabilize and make safe the unoccupied portion
of the building. The substantial completion date for the project is September 22, 2025.
My administration is available to answer any questions you may have regarding this contract
modification. 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 this contract modification.
Sincerely,
 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. 2 for Construction Management At-Risk Services for DC Infrastructure
Academy at Spingarn High School
(A) Contract Number: DCAM-22-CS-RFP-0019
Modification No. 2
Contractor: Smoot Construction Company of Washington, DC
Contractor’s Principals: Omar McIntosh, Executive Vice President
Contract Amount: Contract’s Guaranteed Maximum Price (“GMP”)
of $59,514,372.21 includes:
- Letter Contract: Not-to-Exceed (“NTE”)
$950,000.00
- Early Start Agreement: $36,063,096.00; and
- Final NTE Increase Amount: $22,501,276.21
Proposed Modification No. 2 Amount: $22,501,276.21
Proposed Total Contract
Amount (Final GMP): $59,514,372.21
Term of Contract: February 2, 2023 (the date of execution of the Letter
Contract) through November 21, 2025
(Administrative Term Date), with a Substantial
Completion Date of September 22, 2025, and Final
Completion Date October 21, 2025.
Type of Contract: Construction Management At-Risk with GMP
Source Selection Method: Competitive Request for Proposals (“RFP”)
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(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 Department of General Services (the “Department” or “DGS”) engaged the Contractor to
provide construction management at-risk services for the DC Infrastructure Academy at Spingarn
High School located at 2500 Benning Road, NE, Washington, DC 20002 (the “Project”). The
underlying Contract was deemed approved by the Council as CA25-0339 on August 28, 2023,
with a not-to-exceed (“NTE”) amount of $37,013,096.00 inclusive of the Letter Contract amount
of $950,000.00.
Modification No. 1 was executed on September 26, 2024, and extended the Contract Term based
on the approved GMP schedule as follows:
• Substantial Completion Date: September 22, 2025
• Final Completion Date: October 21, 2025
• Administrative Term Date: November 21, 2025
The Department now seeks Council’s approval to execute the proposed Modification No. 2. If
approved, proposed Modification No. 2 will establish the final GMP of $59,514,372.21, thereby
increasing the Contract’s value by $22,501,276.21. As proposed Modification No. 2 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 approved by the
Council as CA25-0339 on August 28, 2023.
(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) The description of any other contracts the proposed contractor is currently seeking or holds
with the District:
The Contractor currently holds below contract with the District:
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 1. DCAM-21-CS-RFP-0002 Joy Evans Therapeutic Recreation Center
2. DCAM-21-CS-RFP-0007 Fort Dupont Ice Arena
3. DCAM-23-CS-RFP-0003 Thomas ES Modernization
4. DCAM-23-CS-RFP-0016 Brent ES Modernization
Bids submitted:
1. DCAM-24-CS-RFP-0016 Fletcher Johnson Demolition/Raze and
Roadway and Infrastructure Improvements
(G) The background and qualifications of the 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 Contract:
Smoot Construction Company of DC is a certified Small Business Enterprise (“SBE”),
Washington, DC-based firm and has performed satisfactorily on previous projects with the
District. The Contractor provides complete construction services across a range of project types
and scales. 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 small business enterprise in accordance with the Act (CBE Number:
LXR20781062027). Notwithstanding the foregoing, the Contractor has certified that it will
subcontract a portion of the Contract amount to SBE/CBE’s that are certified by DSLBD, as
follows, as required by law:
Contract Dollar Value: $59,514,372.21
Total Contracting Effort $2,730,915.00
Minimum Self-Performance Requirement $955,820.25
(35% of Total Contracting Effort)
Actual Self-Performance $2,918,170.70
(5% of total Contract Value)
Actual Self-Performance Percentage 107%
Total Amount available for Subcontracting $55,445,243.30
Minimum CBE Subcontracting Amount $19,405,835.16
(35% of Total Available for Sub-Contracting)
Actual Subcontracting Amount $29,199,622.00
Total Sub-Contracting Percentage 53%
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(I) Performance standards and the expected outcome of the Contract:
The Contractor is required to provide CMAR services to build out the DC Infrastructure Academy
at the Spingarn High School building. The Contractor’s performance will be monitored by DGS
staff and DGS’s designated Program Manager. Additionally, the Contractor must adhere to the
terms and conditions of and the Standard Contract Provisions for use with District of Columbia
Government Construction Contracts.
(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:
The underlying Contract was approved by the Council as CA25-0339 on August 28, 2023, with
the Not to Exceed (“NTE”) amount of $37,013,096.00 (inclusive of the initial NTE amount of
$950,000.00 under the Letter Contract, which was executed by the Department on February 2,
2023).
(K) A certification that the proposed 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 Contract’s proposed Modification
No. 2 amount is consistent 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.
(L) A certification that the contract is legally sufficient, including whether the Contractor has
any pending legal claims against the District:
The proposed Modification No. 2 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 Contractor is
current with its District taxes. If the Citywide Clean Hands Database indicates that the
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 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.
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(O) The status of the 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, Small, or Disadvantaged
Business Enterprise. The Contractor’s CBE certification number is LXR20781062027, with an
expiration date of June 13, 2027.
(P) Other aspects of the proposed modification that the Chief Procurement Officer considers
significant:
None.
(Q) A statement indicating whether the 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.
(R) 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.
(S) Where the Contract, and any Amendments or modifications, if executed, will be made
available online:
The Contract award and the Contract are available on the Department’s website. A copy of the
proposed Modification No. 2 will be made available on the Department’s website upon approval.
(T) 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.
DCAM-22-CS-RFP-0019
(U) (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:
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Based upon a certification from the Contractor, the Contractor has not been determined 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 ofthe District ofColumbia
*
*
HE Office ofthe Chief Financial Officer 1101 4 Street, SW
HE Office of Tax and Revenue Washington, DC 20024
Date of Notice: December 6, 2024 Notice Number: 0012951764 —
SMOOT CONSTRUCTION COMPANY OF WASHINGTON DC FE
3939 WISCONSIN AVE NW LEVEL 2 eID: 183
WASHINGTON DC 20016
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
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 ofClean 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)
§ 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-S048/MyTax.DCgov
 GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Memorandum
To: Delano Hunter
Director
From: Antoinette Hudson - Beckham
Agency Fiscal Officer
Department of General Services
Reference: Proposed Guaranteed Maximum Price (“GMP”) Amendment to Contract No.
(DCAM-22-CS-RFP-0019)
Construction Management At-Risk (“CMAR”) Services for DC Infrastructure
Academy at Spingarn High School
Date: December 6, 2024
Subject: Fiscal Sufficiency Review
In my capacity as the Agency Fiscal Officer of the Department of General Services (the
“Department”), I hereby state that the proposed Guaranteed Maximum Price (“GMP”) Amendment
to Construction Management At-Risk (“CMAR”) Services for DC Infrastructure Academy at
Spingarn High School (DCAM-22-CS-RFP-0019) (“the Contract”) with Smoot Construction
Company of Washington DC (“the Contractor”) and a Not-to-Exceed amount of $59,514,372.21, is
consistent with the Department’s current budget and that the amount will not unbalance the capital
fund. Adequate funds are available in the budget for the expenditure.
Per the Department’s Contracts & Procurement (“C&P”) team, the contract was deemed approved
by the Council on August 28, 2023, as CA25-0339, executed by the Department on August 30, 2023,
with the Not to Exceed (“NTE”) in the amount of $37,013,096.00 (inclusive of the Letter Contract
amount of $950,000.00). The NTE was an early release of funds to complete a preliminary scope of
work prior to a finalizing of the GMP for the project. The proposed GMP Amendment in the amount
of $22,501,276.21 will increase the NTE to $59,514,372.21 ($37,013,096.00 + $22,501,276.21).
While a total amount of $22,501,276.21 is being approved for capital-eligible items only, there is an
ineligible amount of 629,931.89, listed in Exhibit U of the Contract. As part of the previously
approved $37,013,096.00, there is also an ineligible amount of $713,957.48 listed in Exhibit U. See
the non-capital column and associated items. These items are ineligible for capital expenditure, per
the District Capital Guidelines. The goods/services are needed in FY25. There should be no
purchases, commitments, or expenditures for these items until operating funds are available, via a
purchase order for the