MURIEL BOWSER
MAYOR
January 7, 2021
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
Contract for Construction Services for the Emery House Shelter Renovation
Contract Number: DCAM-20-CS-IFB-0001
Contractor: RBK-BV Joint Venture
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 of the District of Columbia for its review and passive
approval of the attached Contract No. DCAM-20-CS-IFB-0001 for construction services for the
Emery House Shelter renovation, between the Department and RBK-BV Joint Venture (the
"Contractor").
If approved, the proposed contract will authorize the Contractor to provide construction services
for the Emery House Shelter renovation, located at 1725 Lincoln Road NE, Washington, DC 20002
("Project"). The Project includes interior and exterior renovations, along with site and utility
upgrades. The existing facility is operated by the District of Columbia Department of Human
Services ("DHS"). The site is a 35,605 sq. ft. facility, located on a 63,449 SF/ 1.46-acre property.
The Project must achieve substantial completion by February 28, 2021.
On July 22, 2020, the Department issued a Letter Contract in the amount of $980,000. The
proposed contract establishes the Lump Sum Price of $5,477,487. As the proposed amount of the
contract exceeds $1 million, Council approval is required for this action.
In addition to the proposed Contract, attached are (i) a contract summary, (ii) a fiscal certification,
(iii) a legal sufficiency review and certification, and (iv) a Citywide Clean Hands certificate for the
Contractor.
If you have any questions regarding this proposed action, please feel free to contact Keith A.
Anderson, the Department's Director, or George G. Lewis, the Department's Chief of Contracts
and Procurement, at (202) 727-2800.
Sincerely,
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
Letter Contract
Construction Services for the Emery House Shelter Renovation
(A) Contract Number: DCAM-20-CS-IFB-0001 (the Contract)
Proposed Contractor: RBK-BV Joint Venture (the Contractor)
Letter Contract: $980,000
Aggregate Amount of Letter
Contract and Proposed Contract: $5,477,487
Total Contract Amount: $5,477,487
Unit and Method of Compensation: Progress payments on a monthly basis
Term of Contract: July 22, 2020, date of execution of the Letter
Contract by the Department through Construction
substantial completion date of February 28, 2021,
with an Administrative Term through May 31, 2021.
Note: Council approval is requested on or before
December 30, 2020 in order to timely complete the
Project.
Type of Contract: Lump Sum Price Contract
Source Selection Method: Competitive Invitation for Bids (IFB)
(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 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 (the
Department) on July 22, 2020 (Letter Contract).
(D) The number of times the letter contract or emergency contract has been extended:
The Letter Contract was extended once. Modification No. 1 to the Letter Contract, executed on
August 7, 2020, extended the term of the Letter Contract from August 8, 2020 to January 31,
2021 or the effective date of a definitive contract.
(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 goods and services provided to date under the Letter Contract is $980,000,
which represents the not-to-exceed 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:
If approved, the Contract will authorize the Contractor to provide construction services for the
Emery House Shelter renovation, located at 1725 Lincoln Road NE, Washington, DC 20002 (the
Project). The Project includes all work and construction services required for the Emery House
Shelter Renovation, including selective demolition, renovation, and/or addition to accommodate
the project. The Project must achieve substantial completion no later than February 28, 2021. The
contract contains a lump sum price (Lump Sum Price) of $5,477,487.00. As the proposed
amount of the contract exceeds $1 million, Council approval is required for this contract action.
(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 23, 2019, the Department issued an IFB to engage a contractor to provide construction
services for the Emery House Shelter Renovation. A pre-proposal conference was held on October
29, 2019 at 2:00 p.m. Five (5) addenda were issued to the IFB: Addendum No. 1 provided the
sign-in sheet from the pre-bid conference, and provided the Hazmat Report, incorporated the pre-
bid conference sign-in sheet, business cards and extended the due date for bids. Addendum No. 2
extended the bids due date to November 26, 2019 at 2:30 P.M. Addendum No. 3 issued the
questions and answers. Addendum No. 4 extended the bids due date. Addendum No. 5 extended
again the bids due date.
On the bids due date, December 6, 2019, ten (10) firms (collectively, the Bidders and each
individually, a Bidder) submitted bids in a timely manner.
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Bid Responsiveness
At the public bid opening, the Department reviewed each Bidders Offer Letter and Bid Form and
reported each Bidder's total price to complete the Project. Each Bidders price was determined by
adding the total price for each line item required by the IFB. Each bid package was also reviewed
to determine responsiveness and each bid was determined responsive.
Evaluated Pricing
Utilizing the Bidder's preferences as determined by the Department of Small and Local Business
Development (DSLBD), each Bidder's Evaluated Bid Price was determined by reducing the
Bidder's total price by the appropriate percentage.
Contractor Responsibility
Due to the critical nature of the services, the IFB included Special Standards of Responsibility to
ensure that Bidders were properly qualified to perform the work. A subsequent comprehensive
review of the information submitted by the Bidders in response to the Special Standards of
Responsibility provided that the Bidders met such standards. The Chief Contracting Officer
thereafter issued a Determination and Findings that the remaining Bidder is responsible as it met
both the Standards of Responsibility described in 27 DCMR Section 4706 and the Special
Standards of Responsibility provided in the IFB.
Contract Award
Pursuant to the IFB, having found: (i) the Contractor responsible; (ii) the Contractors bid
responsive; and (iii) the Contractors bid having the lowest evaluated price, the Chief Contracting
Officer, by award memorandum executed on March 31, 2020, concluded that it was advantageous
to award the contract to RBK-BV Joint Venture.
(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 protested by Nastos Construction, Inc., but was later dismissed by
the Contract Appeals Board.
(A) 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 reports that it provides general contracting, renovating, building maintenance,
repair and painting. The Contractor possesses the financial stability to successfully perform the
Project and has provided a staffing plan for the Project that has been reviewed and approved by
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the Department. The Contractor has been determined responsible in accordance with 27 DCMR
4706.1.
(B) 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 joint venture between RBK Construction, Inc. and Banneker Ventures, LLC has been certified
by DSLBD, and RBK Construction, Inc., maintains 50.1% of the ownership. The RBK
Construction, Inc. is a certified small business enterprise (SBE) in accordance with the Act (CBE
Number: LSDZR67610042021). The Contractor submitted a subcontracting plan that meets the
minimum requirements of the Act.
Contract Dollar Value $5,477,487
Approved Subcontracting Plan Dollar Value $1,917,120
Subcontracting Plan Dollar Value 35.57%
(C) Performance standards and the expected outcome of the proposed contract:
The Contractor is required to provide all the labor, tools, equipment, and materials and other
services necessary for completion of the Project. The Project must be complete by February 28,
2021. The Contractor is subject to liquidated damages of $1,000 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 Contractors performance will be monitored by
DGS staff and DGS designated Program Manager.
(D) 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 July 22, 2020 provides for a not-to-exceed
amount of $980,000, representing the total expenditure of funds authorized to date.
(E) 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 Contracts amount is
consistent the Departments budget and that adequate funds are available in the Departments
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budget in accordance with D.C. Official Code 47-392.01 and 47-392.02. The applicable Fiscal
Sufficiency certification accompanies this Council Package.
(F) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
The proposed Contract 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.
(G) 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.
(H) 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.
(I) 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 Joint Venture. The Managing
Partner RBK is a certified CBE. The Contractors CBE Number is LSDZR67610042021
(J) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None.
(K) 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.
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(L) 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):
On March 27, 2020, the Chief Contracting Officer issued a Determination and Findings that the
Contractor is responsible as it met both the Standards of Responsibility described in 27 DCMR
Section 4706 and the Special Standards of Responsibility provided in the IFB. In addition, the
Chief Contracting Officer also issued a Determination and Findings on July 7, 2020 in which he
determined that the Contractors pricing fair and reasonable based on a comparison of the prices
received from a competitive solicitation and the Department's independent government estimate.
(M) Where the contract, and any amendments or modifications, if executed, will be made
available online:
Contract award information is available on the Departments web page. Copies of contract
documents (if approved) will be made available on the Departments web page.
(N) 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 Departments web page.
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ke He He Government
oftheDistrictofColumbia
im Office oftheChief Financial Officer 1101 4 Stret, SW
[mm Office of Tax and Revenue Washington, DC 20024
Date of Notice: November 12, 2020 Notice Number: 10004488749
RBK CONSTRUCTION INC
4635 MINNESOTA AVE NE
WASHINGTON DC 20019-3822
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 ofEmployment
Services. Asofthe 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
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Ruthorized By MareAronin
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 Strost SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5048/MyTax.DC.g0v
ke He He Government
oftheDistrictofColumbia
im Office oftheChief Financial Officer 1101 4 Stret, SW
[mm Office of Tax and Revenue Washington, DC 20024
Date of Notice: November 12, 2020 Notice Number: 10004459675
BANNEKER VENTURES LLC,
1738 ELTON RD STE 215
SILVER SPRING MD 20903-5732
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 ofEmployment
Services. Asofthe 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
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