MURIEL BOWSER
MAYOR
April 10, 2023
Honorable Phil Mendelson
Chairman
Council ofthe District ofColumbia
John A. Wilson Building
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 of2010 (D.C. Official Code§
2-352.02), enclosed for consideration and approval by the Council of the District ofColumbia is
proposed Contract No. DCKA-2022-C-0068 with Fort Myer Construction Corporation in the not­
to-exceed amount of $8,272,110.25. The period of performance is 550 consecutive calendar days
from the notice to proceed.
Under the proposed contract, Fort Myer Construction Corporation shall provide all labor,
materials, and equipment for the civil construction of feeder 14008 for the DC Power Line
Undergrounding (DC PLUG) Program.
My administration is available to discuss any questions you may have regarding the proposed
contract. In order to facilitate a response to any questions you may have, please have your staff
contact Marc Scott, ChiefOperating Officer, Office ofContracting and Procurement, at (202) 724-
8759.
I look forward to the Council's favorable consideration ofthis contract.
Sincerely,
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
(Multiyear)
(A) Contract Number: DCKA-2022-C-0068
Proposed Contractor: Fort Myer Construction Corporation
Contract Amount: Not-to-Exceed (NTE) $8,272,110.25 Local Capital Funds
Unit and Method of Compensation: Fixed Unit Prices
Term of Contract: 550 Consecutive Calendar Days from Date of the
Notice to Proceed
Type of Contract: Fixed Unit Price with a NTE Amount
Source Selection Method: Competitive Sealed Bidding/Invitation for Bid (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
(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 contractor shall provide all labor, material and equipment to construct feeder 14008 for the DC
Power Line Undergrounding (DC PLUG) Program as shown on the plans and as directed by the
engineer.
(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:
1
The IFB was advertised on October 20, 2022, using set aside certified business enterprise
(CBE). Four bids were received by the due date. After bid tabulation, the applicable CBE
preference point reductions were applied resulting in the total evaluated price. Fort Myer
Construction Corporation (FMCC) was determined to be the lowest responsive and
responsible bidder.
(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:
None
(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:
FMCC is a leading utility and infrastructure firm that has been in business for nearly 49 years.
FMCC offers construction services in a variety of markets including bridges, dry and wet utilities,
and green infrastructure. In addition, FMCC has a significant presence in the District of Columbia
and neighboring states. FMCC also has a record of satisfactory performance on previous District
Department of Transportation (DDOT) projects.
(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 proposed contractor is a certified business enterprise with the District Department of Small and
Local Business Development (DSLBD). If FMCC subcontracts, 35% of the subcontracting efforts
shall be with DSLBD businesses
(H) Performance standards and the expected outcome of the proposed contract:
At the direction of the DDOT contract administrator, the awardee will perform the required
construction services related to DC PLUG feeder 14008 in accordance with the terms of the
contract.
(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:
None
2
(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:
On January 25, 2023, the Agency Fiscal Officer certified that the available amount of
$8,272,110.25 is consistent with the applicable financial plan.
(K) A certification that the contract is legally sufficient, including whether the proposed contractor
has any pending legal claims against the District:
The Office of the Attorney General has reviewed and approved the proposed contract for legal
sufficiency. The proposed contractor has no 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
awardee 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 contractor is current with its District taxes per the Clean Hands certification dated February 24,
2023.
(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 proposed contractor is current with its federal taxes per the System for Award Management
validation performed January 10, 2023.
(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.:
FMCC is a CBE.
(O) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None
(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
3
reasons for debarment:
The proposed contractor is not debarred or an excluded party on the District or Federal
listings per the validations dated January 10, 2023.
(Q) 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):
Determination and Findings for Price Reasonableness
Determination and Findings for Contractor Responsibility
(R) Where the contract, and any amendments or modifications, if executed, will be made
available online:
OCP.DC.GOV
(S) Where the original solicitation, and any amendments or modifications, will be made available
online:
OCP.DC.GOV
4
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: February 24, 2023 Notice Number: L0008952625
FORT MYER CONSTRUCTION CORPORATION FEIN: **-***6585
2237 33RD ST NE Case ID: 1433200
WASHINGTON DC 20018-1505
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
OFFICE OF THE CHIEF FINANCIAL OFFICER
Government Services Cluster
FINANCIAL PLAN AND BUDGET CERTIFICATION
Contract No.: DCKA-2022-C-0068
Contract Name: District of Columbia Power Undergrounding (DC PLUG)
Feeder 14008
Contractor: Fort Myer Construction Corporation
Contract Ceiling Amount: $8,272,110.25
Available Amount: $8,272,110.25
==============================================================================
I, Calvin Skinner, Agency Fiscal Officer, OCFO, hereby certify that the amount of $8,272,110.25 is
available for the above referenced contract. The service is within the appropriate budget
authority for the agency for FY 2023 and is consistent with the applicable approved financial plan
and budget. Future orders above the available funding are contingent upon the identification of
additional funding.
____________________________________ _________________
01/25/23
Calvin Skinner Date
Agency Fiscal Officer, OCFO
250 M Street, S.E., Washington, DC 20003 Telephone: (202) 671-2300
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General
ATTORNEY GENERAL
BRIAN L. SCHWALB
Commercial Division
MEMORANDUM
TO: Tommy Wells
Director
Office of Policy and Legislative Affairs
FROM: Robert Schildkraut
Section Chief
Government Contracts Section
DATE: March 14, 2023
SUBJECT: Approval of Multi-Year Contract Award over One Million Dollars using
local capital funds
The District of Columbia Power Line Undergrounding (DC PLUG) Feeder
14008
Contractor: Fort Myer Construction Corporation
Contract No.: DCKA-2022-C-0068
Total Not to Exceed Amount: $8,272,110.25
--------------------------------------------------------------------------------------------------------------------
This is to Certify that this Office has reviewed the above-referenced Contract and that we have
found it to be legally sufficient. If you have any questions in this regard, please do not hesitate to
call me at 724-4018.
______________________________
Robert Schildkraut
400 6th Street, NW, Suite 79100, Washington, DC 20001 (202) 727-3400 Fax (202) 347-8922
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