Bill Summary – FastDemocracy

MURIEL BOWSER

     MAYOR

May 18, 2023

Honorable Phil Mendelson

Chairman

Council of the District of Columbia

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 of 2010 (D.C. Official Code §

2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is

Contract No. DCAM-22-CS-RFP-0012 with BSC-CWC Truesdell JV, LLC in the not-to-exceed

amount of $7,676,905.00, (including an existing letter contract amount of $995,000). The not-to-

exceed amount is an early start agreement of funds for the initial phase of the modernization of the

Truesdell Elementary School project.

As part of the initial phase of the project, BSC-CWC Truesdell JV, LLC will provide abatement

in the 1965 "annex" building, renovation of the 1930s building to provide a standalone building

including a health suite for School Year 2023/2024, and geothermal test wells. The early release

also includes design fee, design-build fee, general conditions cost, insurance, bonds, allowances,

design-build contingency, and other scopes to keep the project on schedule while the District and

BSC-CWC Truesdell JV, LLC finalize the full scope and guaranteed maximum price for the

project.

If you have any questions regarding this contract, please contact Delano Hunter, Acting Director

of the Department of General Services (“DGS”), or have your staff contact George G. Lewis, DGS’

Chief of Contracts and Procurement, at (202) 727-2800.

I look forward to the Council’s favorable consideration of this contract.

Sincerely,

Muriel Bowser

                 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)

            Design-Build Services for Truesdell Elementary School Modernization

(A)   Contract Number:                              DCAM-22-CS-RFP-0012 (the “Contract”)

      Proposed Contractor:                          BSC-CWC Truesdell JV, LLC (the “Contractor”)

      Contract Amount:                              Not-to-Exceed (“NTE”) Amount: $7,676,905.00

                                                    (includes $995,000.00 Letter Contract amount)

      Unit and Method of Compensation:              Progress payments on a monthly basis

      Term of Contract:                             February 16, 2023 (date of execution of the Letter

                                                    Contract by the Department) through July 15, 2025

                                                    (the “Substantial Completion Date”) with an

                                                    Administrative Term of March 15, 2026.

                                                    Note: Council approval is requested on or before

                                                    June 7, 2023, 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

(C)   The date on which the letter contract or emergency contract was executed:

      The Notice to Proceed & Letter Contract (“Letter Contract”) was executed on February 16, 2023.

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(D)   The number of times the letter contract or emergency contract has been extended:

      One (1).

(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 services provided to date is $995,000.00, which represents the initial

      NTE 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 design-build services for the

      modernization of Truesdell Elementary School, located at 800 Ingraham Street NW, Washington,

      DC 20011 (the “Project”). The Project will be completed in two (2) phases: (i) the design and

      preconstruction phase; and (ii) the construction phase. The substantial completion of the Project

      shall occur on or before July 15, 2025.

      The proposed Contract’s NTE amount of $7,676,905.00 is for an early start agreement

      submission and is based on several preliminary anticipated costs for the Project as determined by

      the Contractor. Costs included in this early start agreement include abatement in the 1965

      “annex” building, renovation of the 1930s building to provide a standalone building including a

      health suite for School Year 2023/2024 and geothermal test wells. The early release also includes

      design fee, design-build fee, general conditions cost, insurance, bonds, allowances, design-build

      contingency, and other scopes to keep the project on schedule. This early start agreement also

      includes subcontractors’ work anticipated prior to a full GMP package.

(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 July 20, 2022, the Department of General Services (the “Department”) issued a Request for

      Proposals ("RFP") to engage a design-builder for the modernization of Truesdell Elementary

      School, located at 800 Ingraham Street NW, Washington, DC 2001.

      The RFP was posted on the Department’s website on July 20, 2022, and the Pre-Proposal

      Conference and a site visit were held on July 25, 2022. The initial proposal due date was on

      August 26, 2022, but this was extended to September 2, 2022. There were four (4) addenda issued

      to this RFP.

      Addendum No. 1- Issued on July 25, 2022:

           • Provided the sign-in sheets and business cards from the preproposal conference and

              the site visit held on July 25, 2022, at Truesdell Elementary School located at 800

              Ingraham Street NW, Washington, DC 2001.

      Addendum No. 2- Issued on August 9, 2022:

           • Provided Questions and Answers about the RFP.

                                                  2

       •   Provided a revised Attachment B (DCPS Educational Specifications, 2021 – w/

           Appendices A, B, & C) and incorporated it into the RFP.

Addendum No. 3- Issued on August 24, 2022:

     • Extended the Proposal Due Date of the RFP to September 2, 2022, at 2:00 P.M.

Addendum No. 4- Issued on August 30, 2022:

     • Revised Attachment I (SBE Subcontracting Plan) and incorporated it into the RFP.

     • Provided Attachment M (Form of Contract) of the RFP.

     • Provided Attachment N (Form of Notice to Proceed and Letter Contract) of the RFP.

     • Added a new paragraph (4.2.8.13) to Section 4.2.8 (51% District Residents New Hires

        Requirements and First Source Employment Agreement) of the RFP.

Proposal Submissions:

On the proposal due date, September 2, 2022, four (4) firms (collectively, the “Offerors” and

each individually, an “Offeror”) submitted responsive proposals.

Technical Evaluation Process:

Each Offeror’s technical proposal was independently evaluated by a Technical Evaluation Panel

(“TEP” or “Panel”). A kick-off meeting was held with the Panel on September 12, 2022. The

kick-off meeting established a schedule for the evaluation of proposals and discussed in detail

the roles and responsibilities of the Panel. In addition, each Panel member completed the required

disclosure agreement and confidentiality agreement.

Consensus Meeting:

After the Panel members had completed their individual evaluations of the proposals, the Panel

met on September 20, 2022, to develop a consensus technical score and the supporting written

narrative for each Offeror. In developing the consensus score, the Panel discussed the details

of each proposal in light of the evaluation factors and subfactors.

Contracting Officer’s Independent Evaluation:

The Department’s Contracting Officer carefully reviewed each of the proposals and

independently rated each Offeror. The Department’s Contracting Officer further carefully

reviewed the evaluation process followed by the Panel, their notes and scoresheets, and their final

consensus technical evaluation and concluded that the Panel’s technical evaluations of the

proposed Offerors were proper and reasonable.

Certified Business Enterprise Preference Points:

In addition to the price and technical scoring, a certain number of points were available for each

Offeror based on its status as a Certified Business Enterprise (“CBE”) as determined by the

Department of Small and Local Business Development (“DSLBD”). The Contractor was so

certified and received points accordingly.

                                            3

      Determination of a Fair and a Reasonable Price:

      When the total points for all three components (technical, price, and CBE preference) were

      combined, the Contractor was the highest-ranked Offeror with a total of (93.58) points. The

      Contracting Officer examined the fee/price proposal submitted by the Contractor and determined

      that the overall proposed fees/price submitted by the Contractor is within the IGE and is fair and

      reasonable and accordingly a mutually satisfactory Contract was successfully concluded with the

      Contractor.

      Contract Award:

      By the award memorandum executed on October 17, 2022, the Department awarded Contract

      No. DCAM-22-CS-RFP-0012 to the Contractor, as such award would be most advantageous to

      the District.

(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 not protested.

(I)   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 BSC-CWC Truesdell JV, LLC has extensive specialized experience managing K-12 school

      building renovations, including those designated as historic, in urban settings. The strength of

      their team’s experience which uniquely qualifies them for the Truesdell Elementary School

      project is demonstrated in the following five construction projects, which were completed by one

      of the members of the joint venture:

      1.     St Elizabeths East Men’s Shelter Project;

      2.     Bancroft Elementary School Project;

      3.     Cardinal Elementary School Project;

      4.     Alice West Fleet Elementary School; and

      5.     DC Stead Park Recreation Center 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.

                                                  4

(J)   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 joint venture business enterprise in accordance with the Act and the

      majority partner’s (CBE Number is: LSDRE68720022024). 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                          $7,676,905.00

      Subcontracting Requirement %                         50%

      Subcontracting Plan Required Dollar Value            $3,838,452.50

      Subcontracting Plan Actual Dollar Value              $5,522,565.00

(K)   Performance standards and the expected outcome of the proposed contract:

      The Contractor is required to provide all design, preconstruction, and construction services and

      other services necessary to substantially complete the Project no later than July 15, 2025. 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

      $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.

(L)   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 February 16, 2023, provides for an initial

      NTE amount of $995,000.00, representing the total expenditure of funds authorized to date.

(M)   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 Contract’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.

                                                  5

(N)   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 Department’s Office of the

      General Counsel and the Contractor does not appear to have any pending legal claims against the

      District.

(O)   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.

(P)   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.

(Q)   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, and Resident Owned

      Business Enterprise. The Contractor’s CBE Number is LSDRE68720022024, with an expiration

      date of February 24, 2024.

(R)   Other aspects of the proposed contract that the Chief Procurement Officer considers

      significant:

      None.

(S)   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.

                                                    6

(T)   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):

      None.

(U)   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. The contract will be made

      available on the DGS’ website upon approval.

(V)   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 DGS website.

(W)   A certification that the proposed contractor has not been determined to be in violation of

      D.C. Official Code § 1-1163.34a:

      Based upon a certification from the Contractor, the Contractor has not been determined to be in

      violation of D.C. Official Code § 1-1163.34a.

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