MURIEL BOWSER
MAYOR
January 14, 2025
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. 1 to Contract No. DCAM-23-CS-RFP-0008 with MCN Build, Inc.,
increasing the not-to-exceed amount by $39,565,590, from $8,067,481 to $47,633,071. The
increase in the not-to-exceed amount is an early release of funds for an additional initial phase of
the modernization of Tubman Elementary School.
As part of the additional initial phase of the project, MCN Build, Inc. will provide construction
services, including concrete, masonry, structural steel, elevators, plumbing, HVAC, electrical,
earthwork, site improvements, and site utilities, while the District and MCN Build, Inc. 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
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 Eric Njonjo,
Deputy Chief Procurement Officer, DGS, at (202) 727-2800.
I look forward to the Council’s favorable consideration of this contract modification.
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)
Modification No. 1 to Design-Build Agreement for Tubman Elementary School Modernization
(A) Contract Number: DCAM-23-CS-RFP-0008
Modification No. 1
Proposed Contractor: MCN Build, Inc.
Proposed Increased Amount $39,565,590
Via Modification No. 1:
Total Contract’s NTE Amount: $47,633,071
Unit and Method of Compensation: Progress payments on a monthly basis
Term of Contract: October 10, 2023 (date of execution of the
Letter Contract by the Department) through
July 15, 2026 (“Substantial Completion
Date”) with an Administrative Term of
March 15, 2027.
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.
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(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:
The Department of General Services (the “Department”) engaged MCN Build, Inc. (the
“Contractor”) to provide design-build services required for the complete renovation of the existing
Tubman Elementary School building and a new construction addition. The Project includes a new
Child Development Center, which should have a separate entrance from the Tubman Elementary
School Program. The Project shall be designed in such a way as to incorporate, at a minimum, LEED
for Schools – Gold principles and achieve net zero strategies.
The underlying Contract was deemed approved by the Council on June 9, 2024, as CA25-759 with
a Not-to-Exceed (“NTE”) amount of $8,067,481.
The Department now seeks Council approval to execute proposed Modification No. 1. If approved,
Modification No. 1 will increase the Contract’s NTE amount by $39,565,590, from $8,067,481 to
$47,633,071. Modification No. 1 will authorize the release of necessary Project funding for several
construction services for the first half of the construction of the Project. 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 approved by the
Council (CA25-759) on June 9, 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.
(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 Certified Business Enterprise (“CBE”)
specializing in developments that enhance the community, including transformational projects that
promote economic sustainability, to include community, education, office, retail, healthcare, and
institutional spaces, in the District of Columbia, Maryland, and Northern Virginia. The Contractor
provides a range of services, including preconstruction, construction management, general
contracting, and consulting services.
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 The Contractor has successfully completed the following projects for DGS:
1. Raymond Elementary School Washington, DC, a $62,000,000 project.
2. MacFarland Middle School Washington, DC, a $62,000,000 project.
3. Jefferson Middle School Academy Washington, DC, a $75,000,000 project.
4. C.W. Harris Elementary School Washington, DC, a $50,000,000 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:
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.
Contract’s NTE Dollar Value: $47,633,071.00
Subcontracting Requirement %: 35% of subcontracting amount
Subcontracting Plan Required Dollar Value: $15,007,914.40
Subcontracting Plan Actual Dollar Value: $5,130,000.00
(I) 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 all 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:
Not applicable.
(K) A certification that the proposed modification to the 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:
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 The Office of the Chief Financial Officer has certified that the proposed modification’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 Modification No. 1 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) 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’s website, the Contractor is a certified Local Business Enterprise and
Resident Owned Business. The Contractor’s CBE Number is LR17456042025, with an expiration
date of April 18, 2025.
(P) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
Not applicable
(Q) 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.
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(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):
Not applicable.
(S) 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.
(T) 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.
(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:
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
Contracts that MCN Build Inc. Currently Holds with The District Agency:
Contract Number Project Caption Project Value
1. DCAM-22-CS-RFP-0018 Browne EC $88,000,000.00
2. DCAM-22-CS-RFP-0002 Fort Lincoln $29,000,000.00
3. DCAM-22-CS-RFP-0017 DCPS MacArthur HS Expansion $72,000,000.00
4. DCAM-23-CS-RFP-0008 Tubman ES $85,900,000.00
5. DCAM-24-CS-RFP-0004 DGS DB MLK Jr. ES Modernization $57,000,000.00
6. DCAM-23-CS-RFP-0035 New Douglas Community Center Modernization $20,000,000.00
7. DCAM-24-CS-RFP-0024 Whittier ES $96,500,000.00
8. DCAM-24-CS-RFP-0024 Jellef Rec Center $28,000,00.00
Projects that MCN Build Inc. is Currently Seeking with The District Agency:
Contract Number Project Caption Project Value
1. DCAM-24-CS-RFP-0014 Langdon Rec Center $29,000,000.00
2. DCAM-24-CS-RFP-0024 Hart MS and Internal Swing $122,000,000.00
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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 19, 2024 Notice Number: L0012945206
MCN BUILD INC FEIN: **-***3429
1214 28TH ST NW Case ID: 18396537
WASHINGTON DC 20007-3315
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
Memorandum
To: Delano Hunter
Director
From: Antoinette Hudson - Beckham
Agency Fiscal Officer
Reference: Proposed Modification No. 1 to Contract No. DCAM-23-CS-RFP-0008
Design-Build Services for Tubman Elementary School Modernization
Date: December 31, 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 Modification No. 1 (Early Start Agreement 2) to the Agreement for Design-Build
Services for Tubman Elementary School (DCAM-23-CS-RFP-0008), with MCN Build, Inc., in the
amount of Dollars $39,565,590.00, which includes a $450,000.00 owner’s allowance (Exhibit A), is
consistent with the Department’s current budget and that adequate funds are available in the budget
for the expenditure.
Per the Department of General Services Contracts & Procurement (“C&P”) team, the underlying
Contract was deemed approved by the Council on June 9, 2024, as (CA25-0759), with an initial Not-
to-Exceed amount of $8,067,481.00 ($995,000.00 Letter Contract amount and $7,072,481.00 as the
Early Start Agreement #1 amount).
Per C&P, if approved, the proposed Modification No. 1, in the amount of $39,565,590.00 will increase
the Contract’s NTE amount to $47,633,071.00 ($8, 067,481.00 + $39,565,590.00).
The Department of General Services (DGS – Implementing AGY) has $47,633,071.00 in the District
of Columbia Public Schools (DCPS – Owner AGY) cumulative capital current/proposed budget
authority balance.
 The DIFS/PASS information is attached/below.
Project Imp Owner
Project Name Fund Detail AY RQ/PO Amount Comments