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. 5 to the Design-Build Agreement for 801 East Single Mens Shelter
(A) Contract Number: DCAM-19-CS-RFP-0057 (the Contract)
Contractor: Blue Skye Construction-Coakley Williams
Construction 801 East JV, LLC (the Contractor)
Proposed Lump Sum/Contract Amount: $56,662,471.22
Proposed Modification No. 5: $9,600,291.34
Unit and Method of Compensation: Progress payments based on a Schedule of Values
Term of Contract: Date of execution of the Contract by the Department,
with a project substantial completion date of
December 10, 2021, and final completion date of
January 24, 2022
Note: Council approval is requested on or before
November 15, 2021 to timely complete the project.
Type of Contract: Lump Sum Price with an NTE amount
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
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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 Contract and proposed modification:
The Contractor shall build a new shelter, which will replace a smaller facility that presently exists
at 2700 Martin Luther King Jr. Ave SE, Washington, DC 20032 on the St. Elizabeths East Campus
(the Project). The new shelter is envisioned as a 375-bed facility to house five discrete programs:
1) Working/Employment; 2) Seniors/Medically Frail/Medical Respite; 3) Health Clinic; 4) Low
Barrier; and 5) Daytime Service Center. Shared program space as well as building maintenance
and environmental services spaces will also be a part of the facility. Client dormitories within the
801 East Single Mens Shelter will be arranged in modular pods based upon the specific needs of
the designated populations to be accommodated, and to maximize operational efficiency.
On July 8, 2019, the Contracts initial NTE amount of $14,000,000 was deemed approved by the
Council under CA23-0229. The Department subsequently issued Modification No. 1 on August
26, 2019. Modification No. 1 did not increase the NTE amount of the Contract but accepted a
three-tower design that increased the overall project budget and agreed-upon Lump Sum Price to
$38,500,000. Modification No. 2, a no cost modification issued on December 22, 2020, revised
the projects substantial and final completion dates. The previously approved Substantial
Completion date of December 23, 2020 was extended to November 24, 2021, due to the fact that
the WMATA foundation permitting process resulted in major changes to the proposed foundation
design. The design changed from shallow foundations to a deep pile foundations system with grade
beams bridging the deep WMATA metro tunnels. As a result, there was an initial loss of time due
to WMATAs lengthy review of proposed foundation changes, extending the permitting process
beyond the usual 6 months. In addition, additional time was required in the project schedule to
account for the additional work including a longer pile driving operation period, soil excavation
period, and concrete placement resulting from the permitting process. Cumulatively, the impact
on the project schedule will be an additional 11 months. As neither Modification No. 1 nor
Modification No. 2 increased the Contracts approved NTE amount, Council approval was not
required.
Modification No. 3 was deemed approved by the Council under CA24-0036 on February 27, 2021
and increased the approved NTE amount by $26,000,000, from $14,000,000 to $40,000,000.
Modification No. 4 was deemed approved by the Council under CA24-0196 on July 10, 2021 and
increased the approved NTE amount by $7,062,179.88, from $40,000,000 to $47,062,179.88.
The Department is now seeking approval of Modification No. 5 in the amount of $9,600,291.34,
which includes additional services to address contaminated soil, import of suitable soil, a security
fence, as well as interior construction, security equipment, exterior finishes, and other services
required to complete the Project. Modification No. 5, if approved, will establish a Lump Sum
Price of $56,662,471.22 with a Not to Exceed amount of $56,240,840.17, and will increase the
Contract value by $9,600,291.34, from $47,062,179.88 to $56,662,471.22. Modification No. 5 will
alter the Projects substantial completion date to December 10, 2021 with a final completion date
of January 24, 2022.
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(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 CA23-0229 on July 8, 2019, with subsequent modifications approved as CA24-0036
on February 27, 2021 and CA24-0196 on July 10, 2021.
(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 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:
The Contractor is a joint venture between Blue Skye Construction, LLC (Blue Skye) and
Coakley & Williams Construction, Inc. (Coakley).
Blue Skye is a certified business enterprise and an established government, commercial and
residential construction, and development firm in the District of Columbia. Blue Skye has a diverse
development portfolio ranging from multiple unit condominium conversions to commercial re-
development projects. Over the past several years, Blue Skye has performed satisfactorily on a
number of Department projects including school construction, parks and exterior renovations, and
carpentry work.
Coakley has served as a general contractor, design-builder and construction manager in the
Washington, DC Metropolitan area for nearly fifty years. Coakley has also successfully completed
a number of projects for the District, including Phase A of the Payne Elementary School, and the
recent modernizations of Beers Elementary School and Ketcham Elementary School.
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.
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(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:
Modification No. 5, if approved, would establish a revised Contract amount of $56,662,471.22.
The Contractor has submitted a subcontracting plan that meets the minimum requirements of the
Act as follows:
Contract Dollar Value : $56,662,471.22
Subcontracting Requirement %: 35%
Subcontracting Plan Required Dollar Value: $19,831,864.93
Total Amount of all SBE/CBE subcontracts: $23,168,125.50
(H) Performance standards and the expected outcome of the proposed Modification:
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 December 10, 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) $5,000.00 plus $500.00
per day of delay for failure to timely submit deliverables; and (ii) $7,500.00 per day of delay for
failure to timely achieve substantial completion of the project. The Contract also provides a
disincentive of $25,000.00 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 Contractors 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
(J) 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 proposed Contract amount is
consistent the Departments budget and that adequate funds are available in the Departments
budget in accordance with D.C. Official Code 47-392.01 and 47-392.02. The applicable Fiscal
Sufficiency certification accompanies this Council Package.
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(K) A certification that the proposed Modification is legally sufficient, including whether the
Contractor has any pending legal claims against the District:
The proposed Modification 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 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 Office of Tax and Revenues web site, https://mytax.dc.gov/ has provided a valid Clean Hands
certification. The applicable Clean Hands certification for the Contractor accompanies this Council
Package.
(M) 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 taxes.
(N) 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.:
The Contractor is not a certified Local, and Resident Owned Business Enterprise. The Contractor
has been certified by DSLBD as a joint venture.
(O) Other aspects of the Contract that the Chief Procurement Officer considers significant:
None.
(P) 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 & Procurements
Excluded Parties List and the Federal Governments Excluded Parties List.
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(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):
None.
(R) Where the Contract, and any amendments or modifications, if executed, will be made
available online:
The Contract and its modifications are posted on the DGS web site. If approved, Modification 5
will be posted on the web site.
(S) Where the original solicitation, and any amendments or modifications, will be made
available online:
The original solicitation and any amendments can be found on the Departments web site at
https://dgs.dc.gov/ko/node/1375451.
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GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Memorandum
To: Keith A. Anderson
Director
From: Antoinette Hudson Beckham
Agency Fiscal Officer
Reference: Agreement for Design-Build Services for 801 East Single Mens
Shelter Contract Number: DCAM-19-CS-RFP-0057 Modification
5
Date: October 21, 2021
Subject: Fiscal Sufficiency Certification
In my capacity as the Agency Fiscal Officer of the Department of General Services (the
Department), I hereby certify Modification No. 5, to the Design-Build Agreement, for 801
East Single Mens Shelter (DCAM-19-CS-RFP-0057), between the Department and Blue
Skye Construction-Coakley Williams Construction 801 East JV, LLC, in the amount of
$9,600,291.34, for additional services totaling $2,492,747.34(Contaminated soil, network
equipment, medical equipment, etc.) and $7,107,544.00 (Interior construction, security
equipment, exterior finishes, etc.). These amounts ($2,492,747.34 + $7,107,544.00) are
unfunded portions of the contract. The $9,600,291.34 is consistent with the Departments
current budget and adequate funds will be available in the budget for expenditure, after
Congressional, etc. approval.
Per the Department of General Services Contracts and Procurement (C&P) team, the initial not-
to-exceed contract amount of $14,000,000.00 was approved by the Council under CA-23-0229.
C&P issued Modification 1 to establish the design selection for the project. Modification 1 was
a $0 change order. Modification 2 revised the Substantial and Final Completion dates for the
project. Modification 2 was a $0 Change Order. Modification 3 was deemed approved by the
Council under CA24-0036 on February 27, 2021 raising the Contracts not-to-exceed (NTE)
amount to $40,000,000.00 ($14,000,000.00 + $26,000,000.00). Modification No. 4 was deemed
approved by the Council under CA24-0196 on July 10, 2021 and increased the Contracts
NTE amount by $7,062,179.88 from $40,000,000 to $47,062,179.88 ($40,000,000.00 +
$7,062,179.88).
If approved, Modification No.5 will increase the Contract value by $9,600,291.34 from
$47,062,179.88 to $56,662,471.22 ($47,062,179.88 + $9,600,291.34).
While funding in the amount of $9,600,291.34 is being certified for capital eligible items
only, a total cost of $421,631.05 ($89,591.65 is part of the $2,492,747.34 and $332,039.40
is part of the $7,107,544.00), for items listed in Exhibit 3 of Modification 5, are ineligible
for capital expenditure. The goods/services identified in Exhibit 3 have a projected need by
date in FY22. There should be no purchases, commitments or expenditures for items in
Exhibit 3, until operating funds are available to do so, via an approved reverse capital paygo
to operating reprogramming, and an operating purchase order is created.
The Department of General Services (DGS- Implementing AGY) has $9,600,291.34 in the
Department of Human Services (DHS - Owner Agency) cumulative capital budget
authority balance. There is $132,008.85 funded in FY2021. The remaining $9,468,282.49
is funded in FY22. Per the FY22 -FY27 approved DHS CIP, THK19C Emergency &
Temporary Housing for Men project received $9,500,000.00 ($9,468,282.49 of this amount
is part of this funding cert) in FY22.
The PASS/Soar information follows:
Project Fund Imp. Owner
Project Name AY RQ/PO # Amount Comments
Number