MURIEL BOWSER
MAYOR
June 19, 2020
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW
Suite 504
Washington, DC 20004
Reference: District of Columbia Department of General Services
Modification No. 2, GMP Amendment to Design-Build Agreement for
Benjamin Banneker High School
Contract Number: DCAM-19-CS-RFP-0045
Contractor: MCN Build, Inc.
Dear Chairman Mendelson:
Pursuant to D.C. Official Code 1-204.51(b), the Department of General Services ("DGS" or the
"Department") hereby submits to the Council ofthe District ofColumbia for its review and passive
approval of the attached, proposed Modification No. 2 to the Design-Build Agreement for
Benjamin Banneker High School (DCAM-19-CS-RFP-0045) (the "Contract") with MCN Build,
Inc. (the "Contractor").
The underlying Contract, which was previously approved by the Council on July 11, 2019, as
CA23-0234, authorized the Contractor to provide design-build services for the design and
construction of the new Benjamin Banneker High School, which will be located at the current site
of Shaw Junior High School at the comer of Rhode Island Avenue and 9th Street NW Washington,
DC 20001 (the "Project"). The Project includes, among other things design, preconstruction and
construction services to build a new 21st century learning environment to accommodate an
increased emollment of approximately 800 students within the next decade. The Project shall be
designed in such a way so as to achieve, at a minimum, LEED for Schools - Gold, with a
preference ofLEED Platinum certification. Ifproposed Modification No. 2 is approved, the Project
must achieve substantial completion no later than July 16, 2021. The Contract provided an initial
Not-to-Exceed ("NTE") amount of$16,210,703.00. On December 26, 2019, the Council approved
Modification No. 1 as CA23-0369, which increased the Project's NTE amount by $41,312,303.00
from $16,210,703.00 to $57,523,006.00.
The Department now seeks Council approval to execute proposed Modification No. 2 (the
Guaranteed Maximum Price GMP Amendment). If approved, the GMP Amendment will
establish a final GMP of $135,097,998.00, thereby increasing the Contract amount by
$77,574,992.00 (from $57,523,006.00 to $135,097,998.00). The GMP under proposed
Modification No. 2 remains below the capital budget as established by the Council for the Project,
and is based on the need for the design and construction of Benjamin Banneker High School. As
proposed Modification No. 2 would increase the Contract amount by more than $1 million,
Council approval is required for this contract action.
The Chief Financial Officer has certified that the necessary funding for the above-referenced
contract action is available for FY 2020.
In addition to the proposed Modification No. 2, attached are: (i) a contract summary, (ii) a fiscal
certification, (iii) a legal sufficiency review and certification; and (iv) a Clean Hands certification
for the Contractor.
If you have any questions regarding this proposed action, please feel free to contact Keith A.
Anderson, the Departments Director, or George G. Lewis, the Departments Chief of Contracts
and Procurement, at (202) 727-2800.
Sincerely,
Muri! Bowser
Enclosures
 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 and multiyear)
Modification No. 2, GMP Amendment to Design-Build Agreement for
Benjamin Banneker High School
(A) Contract Number: DCAM-19-CS-RFP-0045 (the Contract)
Proposed Contractor: MCN Build, Inc. (the Contractor)
Modification Increased Amount: $77,574,992.00
Total Contract Amount (Final GMP): $135,097,998.00
Unit and Method of Compensation: Progress payments on a monthly basis
Term of Contract: April 12, 2019, date of execution of the Letter
Contract by the Department to December 31, 2021
(with a Project substantial completion date of July
16, 2021).
Note: Council approval is requested on or before
June 25, 2020, in order to timely complete the
Project.
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:
N/A
1
(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 the Contractor to provide
design-build services for the design and construction of the new Benjamin Banneker High School,
which will be located at the current site of Shaw Junior High School at the corner of Rhode Island
Avenue and 9th Street NW Washington, DC 20001 (the Project). The Project includes, among
other things design, preconstruction and construction services to build a new 21st century learning
environment to accommodate an increased enrollment of approximately 800 students within the
next decade. The Project shall be designed in such a way so as to achieve, at a minimum, LEED
for Schools Gold, with a preference of LEED Platinum certification. The Project must achieve
substantial completion no later than July 16, 2021. The underlying Contract was previously
approved by the Council on July 11, 2019, as CA23-0234 with an Initial Not-to-Exceed (NTE)
amount of $16,210,703.00. On December 26, 2019, the Council approved Modification No. 1 as
CA23-0369, which increased the Projects NTE amount by $41,312,303.00 from $16,210,703.00
to $57,523,006.00.
The Department now seeks Council approval to execute proposed Modification No. 2 (the GMP
Amendment). If approved, the GMP Amendment will establish a final GMP of $135,097,998.00,
thereby increasing the Contracts value by $77,574,992.00 (from $57,523,006.00 to
$135,097,998.00). The increase to the Contract amount under proposed Modification No. 2
remains below the capital budget as established by the Council for the Project, and is based on the
need for the design and construction of Benjamin Banneker High School. As proposed
Modification No. 2 would increase the Contract amount 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 (CA23-0456) on March 21, 2020.
(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 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:
2
 The Contractor is a Washington, DC-based general contractor that offers preconstruction,
construction management, general contracting, and consulting services. The Contractor has
experience in historic preservation, rehabilitation and new construction. The Contractor was
formed in 2006 and has successfully completed multiple school modernizations for the Department
including, most recently, Hendley Elementary School and Reno-Rose School. The Contractor has
also performed work on Maury Elementary School, MacFarland Middle School, Hyde-Addison
Elementary School, and Murch Elementary School on scales and scopes on par with the Project.
The Contractor is also providing design-build services for the renovation and expansion of the
Palisades Recreation Center, and construction management services for the construction of the
new Marvin Gaye Recreation Center and Trail. 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.
(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:
LR57924062022). 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
agreeing to the Guaranteed Maximum Price.
(H) Performance standards and the expected outcome of the proposed contract:
The Contractor is required to provide all management, personnel, design services, hazardous
materials abatement, supervision, labor, materials, equipment and other services necessary to
substantially complete the Project no later than July 16, 2021. 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: (i) $5,000 plus $500 per day of delay
for failure to timely submit deliverables; and (ii) $7,500 per day of delay for failure to timely
achieve substantial completion of the Project. The Contract also provides a disincentive of $25,000
for replacement of key personnel without the Departments prior approval. The Department may
also withhold payments to the Contractor based on defects in any application for payment or
performance on the Project. The Contractor performance will be monitored by DGS staff and
DGS designated Program Manager.
(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
3
(J) 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 value of the proposed Modification No. 2 is within the appropriated budget authority for the
agency for the fiscal year and is consistent with the Departments budget and that adequate funds
are available in the Departments budget in accordance with 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:
The proposed Modification No. 2 has been deemed legally sufficient by the Departments Office
of the General Counsel and the Contractor does not appear to have any current pending legal claims
against the District.
(L) A certification that 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 the DSLBDs website, the Contractor is a certified Local, and Resident Owned
Business Enterprise. The Contractors CBE Number is LR57924062022, with an expiration date
of June 13, 2022.
(O) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
N/A
4
(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 & Procurements
Excluded Parties List and the Federal Governments Excluded Parties List.
(Q) Any determination and findings issues relating to the contracts formation, including any
determination and findings made under D.C. Official Code 2-352.05 (privatization
contracts):
N/A
(R) 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. 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 have been posted on the Department of General
Services website.
5
 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: May 28, 2020 Notice Number: L0004095431
MCN BUILD INC FEIN: **-***3429
1214 28TH ST NW Case ID: 481772
WASHINGTON DC 20007-3315
CERTIFICATE OF CLEAN HANDS
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 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)
47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
Authorized By Marc Aronin
Chief, Collection Division
To validate this certificate, please visit MyTax.DC.gov. On the MyTax homepage, click Clean Hands
and then the Validate a Certificate of Clean Hands hyperlink.
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: Keith A. Anderson
Director
From: Antoinette Hudson- Beckham, MBA
Agency Fiscal Officer
Reference: Modification No. 2 to the Agreement for Design-Build Services for Benjamin Banneker
High School (DCAM-19-CS-RFP-0045)
Date: May 18, 2020
Subject: Fiscal Sufficiency Certification
In my capacity as the Agency Fiscal Officer of the Department of General Services (the Department), I
hereby verify that Modification No 2 (GMP Amendment) to the Agreement for Design-Build Services
for Benjamin Banneker High School (DCAM-19-CS-RFP-0045) with MCN Build, Inc., in the amount of
($77,574,992.00), is consistent with the Departments current budget and that adequate funds are available
in the budget for the expenditure.
The underlying Contract was deemed approved by the Council on July 11, 2019 (CA23-0234) with an
Initial Not-to-Exceed (NTE) amount of $16,210,703.00. On December 26, 2019, the Council
approved Modification No. 1 (CA23-0369), which increased the Projects Initial NTE amount by
$41,312,303.00 from $16,210,703.00 to $57,523,006.00.
The proposed Modification No. 2 (the GMP Amendment) will establish a final GMP of
$135,097,998.00, thereby increasing the Contracts value by $77,574,992.00 (from $57,523,006.00 to
$135,097,998.00).
While funding in the amount of $77,574,992.00 is being verified for capital eligible items, a total cost
of $1,185,398.07 for items listed in Exhibit I of the GMP Amendment, are ineligible for capital
expenditure. The goods/services identified in Exhibit I of the GMP Amendment have a projected need by
date in FY 2021.There should be no purchases, commitments or expenditures for items in Exhibit I and
they are subject to an approval in the Districts budget and financial plan in FY 2021.
$885,398.07 ineligible FF&E + $300,00