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MURIEL BOWSER
MAYOR
February 3, 2025
The 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
proposed Modification No. 2 to Contract No. DCAM-23-CS-RFP-0016 with Smoot Construction
Company of Washington, DC (“Smoot”), increasing the not -to-exceed amount by $8,267,292,
from $5,940,809 to $14,208,101. The increase in the not- to-exceed amount is an early release of
funds for an additional initial phase of the modernization of Brent Elementary School.
As part of the additional initial phase of the project, Smoot will provide construction services,
including demolition, concrete, structural steel, glass and glazing, exterior panels, and sprinklers,
while the District and Smoot finalize the full scope and guaranteed maximum price for the project.
My administration is available to discuss any questions you may have regarding the proposed
modification. In order to facilitate a response to any questions you may have, please contact Delano
Hunter, Director, Department of General Services (“DGS”), or have your staff contact Eric Njonjo,
Interim Chief Procurement Officer, DGS, at (202) 727-2800.
I look forward to the Council’s favorable consideration of this contract modification.
Sincerely,
Muriel Bowser
1
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
(Standard, tipping, retroactive without changes, and multiyear)
Modification No. 2 to Design-Build Agreement for Brent Elementary School Modernization
(A) Contract Number: DCAM-23-CS-RFP-0016
Modification No. 2
Proposed Contractor: SMOOT Construction Company of
Washington, DC
Proposed Increased Amount $8,267,292
Via Modification No. 2:
Total Contract’s NTE Amount: $14,208,101
Unit and Method of Compensation: Progress payments on a monthly basis
Term of Contract: December 8, 2023 (date of execution of the
Letter Contract by the Department) through
July 15, 2027 (“Substantial Completion
Date”) with an Administrative Term of
March 15, 2028.
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:
Not applicable.
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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 proposed contract:
The Department of General Services (the “Department”) engaged SMOOT Construction Company
of Washington, DC (the “Contractor”) to design-build services required for an approximately 94,000
square feet school facility for Brent Elementary School. The Design- Builder shall design and
construct a combination of renovation of the existing and new construction to increase the existing
footprint to accommodate the square footage required to bring it in line with the District of Columbia
Public Schools (“DCPS”) spec ifications. The Project shall be designed in such a way as to
incorporate, at a minimum, LEED for Schools – Gold principles and achieve net zero strategies.
The underlying Contract was deemed approved by the Council on May 3, 2024, as CA25-692 with
a Not-to-Exceed (“NTE”) amount of $5,940,809. Modification No. 1 was was a $0 modification to
replace key personnel.
The Department now seeks Council approval to execute proposed Modification No. 2. If approved,
Modification No. 2 will increase the Contract’s NTE amount by $8,267,292, from $5,940,809 to
$14,208,101. Modification No. 2 will authorize the release of necessary Project funding for several
construction services for the Project. As the proposed modification would increase the Contract value
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 (CA25-692 ) on May 3, 2024.
(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) A description of any other contracts the proposed contractor is currently seeking or holds
with the District:
The Contractor is currently involved in several District projects and is in pursuit of many other
District projects. The list of projects is provided as Exhibit A.
(G) The background and qualifications of the proposed contractor, including its o rganization,
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 is based in Washington, DC, and is a CBE and a general contractor specializing in
construction management, general contracting, and design- build services. The Contractor has
successfully completed multiple school modernization projects for DGS, including:
1. Dunbar Senior High School Modernization (DGS/DCPS);
3
2. Roosevelt High School Modernization (DGS/DCPS);
3. Marie Reed Elementary School and Community Center (DGS/DCPS);
4. H.D. Cooke Elementary School (DGS/DCPS); and
5. Kramer Middle School (DGS/DCPS).
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.
(H) 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:
LXR20781062027). 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: $14,208,101
Subcontracting Requirement %: 35% of subcontracting amount
Subcontracting Plan Required Dollar Value: $4,773,922
Subcontracting Plan Actual Dollar Value: $5,399,689
(I) Performance standards and the expected outcome of the proposed contract:
The Contractor is required to provide all design, preconstruction, and construction services, as well
as all other services necessary to substantially complete the Project no later than July 15, 2027. 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 $2,500 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.
(J) 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:
Not applicable.
(K) A certification that the proposed modification to the 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:
4
The Office of the Chief Financial Officer has certified that the proposed modification’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. T he applicable Fiscal Sufficiency
certification accompanies this Council Package.
(L) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
The proposed Contract Modification No. 2 has been deemed legally sufficient by the Department’s
Office of the General Counsel and the Contractor does not appear to have any currently pending
legal claims against the District.
(M) A certification that the 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.
(N) 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
(O) 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 Business Enterprise and
Resident Owned Business. The Contractor’s CBE Number is LXR20781062027, with an expiration
date of June 13, 2027.
(P) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
Not applicable
(Q) 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.
5
(R) 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):
Not applicable.
(S) Where the Contract, and any amendments or modifications, if executed, will be made
available online:
Contract award information is available on the Department’s website. Copies of contract
documents will be made available upon request.
(T) 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’s website.
(U) (1) A certification that the proposed contractor has been determined not to be in violation of
section 334a of the Board of Ethics and Government Accountability Establishment and
Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a; and
(2) A certification from the proposed contractor that it currently is not and will not be in
violation of section 334a of the Board of Ethics and Government Accountability Establishment
and Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a:
Based upon a certification from the Contractor, the Contractor has been determined not to be in
violation of D.C. Official Code § 1-1163.34a; and will not be in violation of D.C. Official Code § 1-
1163.34a.
6
Exhibit A
Contracts that SMOOT Construction Company of Washington, DC Currently Holds with The
District Agency:
Contract Number Project Caption Project Value
1. DCAM-22-CS-RFP-0019 CMAR Services for DC Infrastructure Academy at
Spingarn Hgih School
$55,000,000.00
2. DCAM-23-CS-RFP-0003 DB for Thomas ES Modernization $72,000,000.00
3. DCAM-21-CS-RFP-0002 CMAR Services for Joy Evans Therapeutic
Recreation Center and Pool
$38,644,206.00
4. DCAM-21-CS-RFP-0007 CMAR Services for Fort DuPont Ice Arena $33,593,674.00
5. DCAM-23-CS-RFP-0016 DB Brent ES Modernization $82,000,000.00
6. GF-2023-R-0029 DB Lamond Riggs Community College
Modernization
$36,200,000.00
Projects that SMOOT Construction Company of Washington, DC is Currently Seeking with
The District Agency:
Contract Number Project Caption Project Value
NA NA NA
*
*
* GovernmentoftheDistrictofColumbia
MEE (OfficeoftheChiefFinancialOfficer 11014%Street,SWOllieofTaxandRevenue ‘Washington,DC20024
DateofNotice:January2,2025 NoticeNumber:10012969455
SMOOTCONSTRUCTIONCOMPANY OFWASHINGTONDC3939WISCONSINAVENW LEVEL2WASHINGTONDC 20016
AsreportedintheCleanHandssystem,theabovereferencedindividual/entityhasnooutstandingliabilitywiththeDistrictofColumbiaOfficeofTaxandRevenueortheDepartmentofEmploymentServices.Asofthedateabove,theindividual/entityhascompliedwithDCCode§47-2862,thereforethisCertificateofCleanHandsisissued.
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)
§47-2862PROHIBITIONAGAINST ISSUANCE OF LICENSEOR PERMIT
AuthorizedBy Melinda Jenkins
Branch Chief,Collectionand Enforcement Administration
Tovalidatethiscertificate,pleasevisitMyTax.DC.gov.OntheMyTaxDC homepage,clickthe“Validate a Certificateof Clean Hands” hyperlink under the Clean Hands section.
11014thStreetSW,SuiteW270,Washington,DC20024/Phone:(202)724-S048/MyTax.DCgov
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Memorandum
To: Delano Hunter
Director
From: Antoinette Hudson - Beckham
Agency Fiscal Officer
Reference: Proposed Modification No. 2 to Contract No. DCAM-23-CS-RFP-0016
Design-Build Services for Brent Elementary School Modernization
Date: January 27, 2025
Subject: Fiscal Sufficiency Review
In my capacity as the Agency Fiscal Officer of the Department of General Services (the “Department”),
I hereby state that Modification No. 2 (Early Start Agreement 2) to the Agreement for Design-Build
Services for Brent Elementary School (DCAM-23-CS-RFP-0016), with SMOOT Construction
Company of Washington, DC, in the amount of $8,267,292.00, which includes $1,354,000.00 owner’s
allowances, is consistent with the Department’s current budget and that adequate funds are available
in the budget for the expenditure.
Per the Department of General Services Contracts & Procurement (“C&P”) team, the underlying
Contract was deemed approved by the Council on May 3, 2024, as (CA25-0692), with an initial Not-
to-Exceed amount of $5,940,809.00 ($995,000.00 Letter Contract amount and $4,945,809.00 as the
Early Start Agreement #1 amount).
Per C&P, if approved, the proposed Modification No. 2, in the amount of $8,267,292.00 will increase
the Contract’s NTE amount to $14,208,101.00 ($5,940,809.00 + $8,267,292.00).
The Department of General Services (DGS – Implementing AGY) has $14,208,101.00 in the District
of Columbia Public Schools ( DCPS – Owner AGY) cumulative capital current/proposed budget
authority balance.
The DIFS/PASS information is attached/below.
________________________________
Antoinette Hudson Beckham
Agency Fiscal Officer
Department of General Services
Project Name Project
Number
Fund
Detail AY Imp
AGY
Owner
AGY RQ/PO Amount Comments
AM0.TB137C.BRENT ES
MODERNIZATION 100246 3030300 n/a AM0 GA0 PO700998 $995,000.00 Letter Contract
AM0.TB137C.BRENT ES
MODERNIZATION 100246 3030300 n/a AM0 GA0 PO707742 $4,945,809.00 ESA #1
AM0.TB137C.BRENT ES
MODERNIZATION 100246 3030300 n/a AM0 GA0 RK296236 $8,267,292.00 Proposed Mod #2
TOTAL $14,208.101.00
for AHB
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
3924 Minnesota Avenue NE, 6th Floor Washington DC 20019 |Telephone (202) 727.2800 |Fax (202) 727 -7283
OFFICE OF THE GENERAL COUNSEL
MEMORANDUM
TO: Tomás Talamante
Director, Office of Policy and Legislative Affairs
FROM: Kristen Walp
Senior Assistant General Counsel
SUBJECT: Legal Sufficiency Certification
Modification No. 2 to Design-Build Agreement for Brent Elementary School
Contract Number: DCAM-23-CS-RFP-0016
Contractor: SMOOT Construction Company of Washington, DC
DATE: January 28, 2025
_____________________________________________________________________________
This is to certify that this Office has reviewed the above-referenced proposed Modification No. 2
and has found it to be legally sufficient, subject to submission of : (i) any required materials to
Council for approval; (ii) Council’s approval of the same; and (iii) a Fiscal Certification issued by
the Department of General Services’ Agency Fiscal Officer.
Please feel free to contact me at (202) 727-2800 with any questions.
____________________________
Kristen Walp
Senior Assistant General Counsel
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‘ScopeofWork.TheContractor'sscopeofworkremainsunchanged.ThisModificationNo.2isasecondEarlyStart‘AgreementthatincreasestheNot1o-Exceed("NTE")AmounttoreleaseadditonalProjectfunding.ModificationNo.2isforthereleaseoffundsnecessaryforseveralconstructionservicesfortheProject.
Notto-ExceedAmount.TheContractsNTEamountisherebyincreasedby$8,267,292,from$5,940,809to$14,208,101,whichincludesa$1,354,000OwnersAllowances.Theamountof$14,208,101includesthepreviouslyreleasedcontract‘amountof$5,940,809asfurtherdescribedinExhibitA.Pre-autorizationbytheDepartmentinwritingisrequiredtousethe‘Owner'sAllowances.
IsRelease:tismutuallyagroedthatinexchangeforthisModificationandotherconsiderations,theContractorherebyreleases,waives,settles,andholdstheDepartmentharmiessfromanyandallactualorpotentialclaimsordemandsfordelays,disruptions,additionalwork,addtionaltime,additionalcost,contractextensions,compensationsoriabityunderanytheory,whetherknownorunknown,thattheContractormayhavenoworinthefutureagainsttheDepartmentarisingfromoroutof,as‘aconsequenceorresultof,relatingtoorinanymannerconnectedwiththisModification,theabove-referencedProject,andtheContractWork.
|, Terms&Conditions:AllotherTermsandConditionsremainunchanged,
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(Continuation)
Contract Number Page of Pages
DCAM-23-CS-RFP-0016 2 of 2
5. Contract Recap:
NTP Letter Contract Executed: December 8, 2023 995,000.00$
Contract (ESA1) Executed: May 14,2024 4,945,809.00$
Modification No.1 (Key Personnal Change) Execute: January 28, 2025 -$
Modification No. 2 (ESA2) 8,267,292.00$
Total Price 14,208,101.00$
Modification No.
Modification No. 2-DCAM-23-CS-RFP-0016
OWNER ALLOWANCES
Permit $900,000
Utility $600,000
Public Space Improvements $500,000
Owner Allowances SubTotal $2,500,000
CONTRACTOR ALLOWANCES
Excavation of existing partial building below grade for the
Archaeology Dig. Based on a market unit rate of $65/cy
for approximately 1,600cy for a 5' cut. This includes
equipment, excavation and haul off. $104,000
Archaeology - Professional Services $750,000
Contractor Allowances SubTotal $854,000
GRAND TOTAL ALLOWANCES $3,354,000
Brent Elementary School_Early Start Agreement (ESA) #2
List of Allowances
Updated Tuesday, December 3rd, 2024
Owner Directed Changes $500,000
$500,000
$1,354,000
Updated January 16, 2025
Excavation of existing partial building below grade for the
Archaeology Dig. Based on a market unit rate of $65/cy
for approximately 1,600cy for a 5' cut. This includes
equipment, excavation and haul off. $104,000
Archaeology - Professional Services $750,000
Updated January 23, 2025