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MURIELBOWSERMAYOR
February20,2026
‘TheHonorablePhilMendelsonChairman
CounciloftheDistrictofColumbiaJohnA.WilsonBuilding1350PennsylvaniaAvenue,NW,Suite504
Washington,DC 20004
Dear ChairmanMendelson:
Pursuant to section451 of the Districtof Columbia Home Rule Act (D.C. OfficialCode § 1-
204.51)and section202 of theProcurement PracticesReform Act of 2010 (D.C. OfficialCode §
2-352.02),enclosed forconsiderationand approvalby the Council of the Districtof Columbia is
proposed Contract No. DCAM-24-CS-RFP-0032 with MCN Build, Inc.in the not-to-exceed
amountof$2,767,639(includinganexistinglettercontractamountof$995,000).Thenot-to-exceedamountisanearlyreleaseoffundsfortheinitialphaseofthemodemizationofChisholmElementarySchool.
Aspartoftheinitialphaseoftheproject,MCN Build,Inc.willprovidedesignandpreconstructiondeliverables,includingfees,allowances,bonds,insurance,andgeneralconditionsneededtodeliverthedesignandpreconstructiondeliverables,whiletheDistrictandMCN Build,Inc.finalizethefullscopeandguaranteedmaximumpricefortheproject.
My administrationisavailabletodiscussanyquestionsyoumayhaveregardingtheproposedcontract.Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasecontactDelanoHunter,Director,DepartmentofGeneralServices(“DGS”),orhaveyourstaffcontactXavier
Beltran,InterimChiefProcurementOfficer,DGS,at(202)727-2800.
1lookforwardtotheCouncil’sfavorableconsiderationofthiscontract.
Sincerely,
MutielBowser
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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
(Proposed Early Start Agreement)
(A) Contract Number: DCAM-24-CS-RFP-0032
Contractor: MCN Build, Inc.
Proposed Contract Amount
(ESA #1): Not-to-Exceed (“NTE”) amount: $2,767,639.00 (includes
$995,000.00 Letter Contract amount)
Unit and Method of Compensation: Progress Payments on a monthly basis
Term of Contract: April 11, 2025 (date of execution of Letter Contract by the
Department of General Services (the “Department” or
“DGS”)) through July 14, 2028 (“Substantial Completion
Date”), with an Administrative Term Date of March 15,
2029.
Type of Contract: Cost plus fixed fee with a guaranteed maximum price
(“GMP”)
Source Selection Method: Competitive Request for Proposal (“RFP”)
(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 April 11, 2025.
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(D) The number of times the letter contract or emergency contract has been extended:
To date, two modifications have been executed . Modification No. 1, executed on Ju ne 25, 2025,
replaced the Design -Builder Architect/Engineer Project Manager. Modification No. 2, executed on
September 2, 2025, extended the term of the Letter Contract through May 29, 2026.
(E) The value of the goods and services provided to date under the l etter 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 Not -to-
Exceed (“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 early start agreement (“ESA”) to DCAM-24-CS-RFP-0032 (the “Contract”) will
authorize MCN Build, Inc., (the “Contractor”) to provide full design and construction services for the
approximately 102,000-square-foot Chisolm Elementary School facility, located at 1001 G Street ,
SE, Washington, DC 20003 (the “Pro ject”). The ESA will cover the fees, allowances, bonds,
insurance, and general conditions needed to deliver the design and preconstruction deliverables. The
Project will be completed in two phases: (i) the Design and Preconstruction Phase; and (ii) the
Construction Phase. The Project's substantial completion shall occur on or before July 14, 2028.
The Department of General Services (the “Department” or “DGS”) seeks Council approval to execute
the proposed Contract. If approved, the Contract will establish an ESA in the NTE amount of
$2,767,639.00, which is inclusive of the $995,000 Letter Contract amount. As the proposed Contract
value is more than $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 November 13, 2024, the Department issued a Request for Proposals (“RFP”) to engage a highly
qualified design-builder for the Project.
The RFP was posted on the Department’s OpenGov portal on November 13, 2024, and a pre-proposal
conference and a site walk were held on November 19, 2024. The Proposal Due Date was December
17, 2024, and two (2) addenda were issued to the RFP.
Addendum No. 1, issued on November 25, 2024.
− Provided the sign-in sheet and business cards from the pre-proposal conference and site visit
held on November 19, 2024.
− Provided the questions and answers sheet which were released via OpenGov.
− Revised Section 3.3 (Date and Time for Receiving Proposals) of the RFP.
− Provided an updated Attachment L (Past Performance Evaluation Form).
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Addendum No. 2, issued on November 26, 2024:
− Revised the third paragraph of section 3.5.3 (Past Performance, Relevant Experience &
Capabilities of the Contractor) of the RFP.
− Revised the third paragraph of section 3.5.4 (Past Performance, Relevant Experience &
Capabilities of the Architect/Engineer) of the RFP.
− Provided an updated Attachment A3 (Ed Spec Prototypes and Appendices).
Proposal Submissions:
On the Proposal due date, December 17 , 2024, five (5) firms ( “Offeror(s)”) 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 January 16, 2025. 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 February 3, 2025, to develop a consensus technical score and 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. He further carefully reviewed the evaluation process followed by the Panel, their
notes and scoresheets, and their final consensus technical evaluation. Considering the Department’s
historical experience with the proposed Offerors and, to the extent necessar y, reviewing the
underlying proposals, the Contracting Officer scored the Offerors differently. The C ontracting
Officer’s review of all the Offerors’ technical proposals revealed that the Offerors submitted sound
and strong proposals.
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.
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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. 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 independent government estimate (“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 March 7 , 2025, the Department awarded Contract No.
DCAM-24-CS-RFP-0032 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. I nclude 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) 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.
(J) The background and qualifications of the proposed c ontractor, 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 is based in Washington, DC, and is a CBE specializing in developments that enhance
the community, including transformational projects that promote economic sustainability, to include
community, education, office, retail, healthcare, and institutional spaces, in the District of Columbia,
Maryland, and Northern Virginia. The Contractor provides a range of services, including
preconstruction, construction management, general contracting, and consulting services.
The Contractor has successfully completed the following projects for DGS:
1. Raymond Elementary School Washington, DC, a $62,000,000 project.
2. MacFarland Middle School Washington, DC, a $62,000,000 project.
3. Jefferson Middle School Academy Washington, DC, a $75,000,000 project.
4. C.W. Harris Elementary School Washington, DC, a $50,000,000 project.
The Contractor possesses the financial stability to successfully perform the Project and has provided
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a staffing plan for the Project, which has been reviewed and approved by the Department. MCN
Build, Inc. has been determined responsible in accordance with 27 DCMR § 4706.1.
(K) 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 t otal dollars and as a percentage of the total contract
amount:
The Contractor is a certified business enterprise in accordance with the Act (CBE Number:
LR65116012028). Pursuant to D.C. Official Code § 2- 218.46(d-1), the Contractor shall submit a
detailed subcontracting plan to DSLBD that meets the requirements of D.C. Official Code § 2 -
218.46(d) before entering into a guaranteed maximum price. The Contractor submitted a preliminary
subcontracting plan as follows:
Contract’s NTE Dollar Value: $2,767,639.00
Subcontracting Requirement %: 35%
Contractor’s Self-Performance Amount: $276,763.90
Subcontracting Plan Required Dollar Value: $871,806.28
Subcontracting Plan Actual Dollar Value: $1,959,224.00
(L) Performance standards and the expected outcome of the proposed contract:
The Contractor must provide all design, preconstruction, and construction services and other services
necessary to substantially complete all phases of the Project no later than July 14, 2028. In general,
the Contractor must perform the requirements contained in the C ontract 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 sub stantial completion of the Project. The Contract also provides
a disincentive fee of $25,000 for the replacement of key personnel without prior approval of DGS -
this is not as a penalty, it is to reimburse the Department for its administrative costs arising from the
Contractor’s failure to provide the key personnel.
(M) 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 A pril 11, 2025, provides for an initial NTE
amount of $995,000, representing the total expenditure of funds authorized to date.
(N) 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 C ontract’s NTE amount is
consistent with the Department’s budget and that adequate funds are available in the Department’s
budget in accordance with D.C. Official Code § § 47-392.01 and 47-392.02. The applicable f iscal
6
sufficiency certification accompanies this council package.
(O) 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 currently pending legal claims against the
District.
(P) 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 contract or 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.
(Q) 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.
(R) The sta tus 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 website,cis
the Contractor is a Certified Local Business Enterprise and Resident Owned Business. The
Contractor’s CBE Number is LR65116012028, with an expiration date of January 28, 2028.
(S) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None.
(T) 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.
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(U) 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.
(V) Where the contract, and any amendments or modifications, if executed, will be made available
online:
Contract award information is available on the DGS website. The Contract will be made available
on the DGS’s website upon approval.
(W) 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.
(X) (1) A certification that the proposed contractor has been determined n ot 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 cu rrently 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.
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Exhibit A
Contracts that MCN Build, Inc. Currently Holds with The District (Not Limited to DGS only):
Contract Number Project Caption
Project Value
1. DCAM-22-CS-RFP-0002 CMAR for Fort Lincoln Park $40M
2. DCAM-23-CS-RFP-0008 Tubman ES Modernization $79M
3. DCAM-23-CS-RFP-0017 MacArthur HS Expansion $72M
4. DCAM-23-CS-RFP-0035 New Douglass Community Center
Modernization
$25M
5. DCAM-24-CS-RFP-0004 Martin Luther King ES Modernization $57M
6. DCAM-24-CS-RFP-0024 CMAR for Jelleff Recreation Center $28M
7. DCAM-24-CS-RFP-0028 Whittier EC Modernization and Modular
Campus
$96M
8. DCAM-24-CS-RFP-0029 Hart MS Modernization and Internal Swing $122M
Projects MCN Build, Inc. Is Currently Seeking with The District (Not limited to DGS only):
Contract Number Project Caption
Project Value
1. DCAM-24-CS-RFP-0014 Langdon Recreation Center $29M
1101 4th Street, SW
Washington, DC 20024
Date of Notice: January 12, 2026 L0015383774Notice Number:
FEIN: **-***3429
Case ID: 18807641
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
MCN BUILD INC
1214 28TH ST NW
WASHINGTON DC 20007-3315
Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
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.
CERTIFICATE OF CLEAN HANDS
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 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)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
COPY
Department of General Services 3924 Minnesota Avenue, NE, Washington D.C. 20019
MemorandumTo:Delano Hunter DirectorFrom:Antoinette Hudson - BeckhamAgency Fiscal OfficerReference:Proposed Contract No. DCAM-24-CS-RFP-0032Design-Build Services for Chisholm Elementary School Modernization Date:January 12, 2026Subject:Fiscal Sufficiency ReviewI hereby state that the for Design-Build Services for Chisholm Elementary School Modernization (DCAM-24-CS-RFP-0032), withMCN Build, Inc.(the in the not-to-Not-to-Exceedamount of $2,767,639.00is consistent that adequate funds are available in the budget for the expenditure.April 11, 2025, with initial NTE amount of $995,000.00. The proposed Contract in the amount of $1,772,639.00will increase the NTE amount from $995,000.00 to $2,767,639.00 ($995,000.00 + $1,772,639.00).The Department of General Services (DGS Implementing AGY) has$2,767,639.00in the District of Columbia Public Schools (DCPS Owner AGY) cumulative capital budget authority balance.The PASS information is attached/below. Project NameProject NumberAYFund DetailImp. AGYOwner AGYRK/POAmountCommentsAM0.PT337C.Shirley Chisholm ES Modernization100148 n/a 3030300 AM0 GA0 PO724646 $995,000.00 Letter ContractAM0.PT337C.Shirley Chisholm ES Modernization100148 n/a 3030300 AM0 GA0 RK320943 $1,772,639.00 Proposed ContractTotal$2,767,639.00
Antoinette Hudson Beckham Agency Fiscal Officer Department of General Services
for AHB
Department of General Services 3924 Minnesota Avenue, NE, Washington D.C. 20019
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
Design-Build Agreement for Chisholm Elementary School (Formally Tyler
Elementary School) Modernization
Contract Number: DCAM-24-CS-RFP-0032
Contractor: MCN Build, Inc.
DATE: January 21, 2026
This is to certify that this Office has reviewed the above-referenced proposed contract 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
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Contracts & Procurement Division
VIA ELECTRONIC MAIL ONLY: joseph@mcnbuild.com
April 3, 2025
Joseph Khoury
Principal/EVP of Preconstruction
MCN Build, Inc.
1214 28th Street NW,
Washington, DC 20007
Reference: Request for Proposals No. DCAM-24-CS-RFP-0032 (“RFP”) – Design-
Build Services for Chisholm Elementary School (Formerly Tyler
Elementary School) Modernization
Subject: Notice to Proceed and Letter Contract
Dear Mr. Khoury,
We refer to the proposal submitted by MCN Build, Inc. (the “Contractor” or “Design-Builder”)
in response to the above -referenced RFP. We are pleased to inform you that this work has been
awarded to MCN Build, Inc. and if this L etter Contract (“Letter Contract”) is signed by the
Contractor without modification of any kind, it will serve as a notice to proceed with the work
described below. This notice to proceed is subject to the following terms:
1. Letter Contract. This is a Letter C ontract between the Contractor and the District of
Columbia Government, acting by and through its Department of General Services (“DGS” or the
“Department”), and shall govern our relationship until such time as a final contract is entered into
for the work described in the above-referenced RFP (the “Definitized Contract”); provided,
however, that to the extent an issue is not covered in this Letter Contract, the RFP shall govern.
Once the Definitized Contract is executed by an authorized Contracting Officer , this Letter
Contract shall automatically terminate and merge into the Definitized Contract.
2. Scope of Work. The Contractor shall provide Design -Build Services for Chisholm
Elementary School (Formerly Tyler Elementary School) Modernization, located at 1001 G Street
SE, Washington, DC 20003, as described in the Contractor’s Proposal dated December 17, 2024,
3924 Minnesota Avenue NE, Washington, DC 20019 | Telephone (202) 727.2800 | Fax (202) 727-7283
submitted in response to the subject RFP. The Schedule of Values is attached to this Letter Contract
as Exhibit A.
3. Deliverables. In connection with the services provided pursuant to this Letter Contract, the
Contractor shall provide, at a minimum, the deliverables outlined in Exhibit C in accordance with
the requirements in the RFP, the Schedule of Values attached to this Letter Contract as Exhibit A,
and Form of Contract to the Department’s Program Manager and in the referenced instances to the
Contracting Officer.
In the event that the Contractor fails to timely submit any such deliverable, the Contractor shall
pay to the Department as a disincentive fee Seven Thousand Five Hundred ($7,500.00) plus Five
Hundred Dollars ($500.00) per day after receiving written notice from the Contracting Officer of
failure to submit each deliverable. This remedy is cumulative and does not limit any other right or
remedy of the Department under the contract or applicable District law.
4. Not to Exceed Amount . The limit of this authorization is up to $995,000.00 (“Not to
Exceed” amount or “NTE”) including $886,643.00 for the Design Fee, $23,479.00 for the
Preconstruction Fee, $18,833.00 for Insurance Burden, $11,045.00 for Payment and Performance
Bonds, and $55,000.00 for a portion of the Allowances as further described in the Schedule of the
Values Exhibit A. In no event shall the Contractor be entitled to receive more than the NTE under
this Letter Contract unless authorized in advance and in writing by a duly authorized Contracting
Officer. This NTE amount includes all costs incurred by the Contractor in connection with the
work authorized hereby.
5. Construction Phase Compensation . The Contractor understands and agrees that the
Department makes no representation or warranty that the Contractor shall be entitled to serve as
the builder for the Project. If, however, the Department and the Contractor agree upon a GMP and
schedule for the Project, the Contractor agrees that it shall be paid a Design Fee of $4,937,511.00,
Design-Build Fee of $2,175,000.00, and a Lump Sum General Conditions Cost of $3,200,000.00
including the amount in Section 4 above based on the schedule and budget set forth in the RFP.
The Contractor further agrees to enter into a design-build agreement that is substantially similar to
the Agreement for Design -Build Services issued with the RFP, subject only to such adjustments
as were requested by the Contractor in its bid and which are agreed to by the Department.
6. Insurance. At all times while working under this Letter Contract, the Contractor shall
maintain insurance as described in the RFP. All such policies shall be endorsed to add the District
of Columbia, including, but not limited to, its Department of General Services, and the respective
agents, employees, and offices of each as additional insureds Exhibit I.
7. Duration. Once signed by the Contractor, the Letter Contract will become effective on the
date the Letter Contract is executed by the Department. This Letter Contract will terminate on the
earlier to occur of the following: (i) the date the Definitized Contract becomes effective; or (ii )
September 30, 2025 DGS reserves the right to terminate this Letter Contract, in whole or specified
part, for convenience in the manner described in Article 5 and Article 6 of the District of Columbia
Department of General Services Standard Contract Provisions General Provisions for Construction
3924 Minnesota Avenue NE, Washington, DC 20019 | Telephone (202) 727.2800 | Fax (202) 727-7283
Contracts Exhibit B1 and Standard Contract Provisions for Architectural and Engineering
Services Contract Exhibit B2.
8. Billing. All invoices shall be submitted directly to the Department at the address specified
in the RFP. Purchase Order numbers should be included in all future invoices and accounting
records. Properly prepared invoices with the necessary backup shall be paid within thirty (30) days
of receipt. Invoices not paid by that date shall bear interest in accordance with the Quick Payment
Act.
9. Key Personnel. To carry out its duties, the Design- Builder shall provide at least the key
personnel identified in Exhibit F (“Key Personnel”), who shall carry out the functions identified
in Exhibit F. Among other things, the Key Personnel shall include:
A - Key Personnel of the Design-Builder:
(i) Project Manager;
(ii) Superintendent; and
(iii) Project Executive.
B - Key Personnel of the Architect/Engineer:
(i) Project Manager;
(ii) Project Architect;
(iii) Principal in Charge;
(iv) Lead Mechanical Engineer; and
(v) Lead Envelope Consultant.
It is contemplated that these Key P ersonnel will work from the design stage, purchasing, and
throughout the bulk of the fieldwork. The Design-Builder’s obligation to provide adequate staffing
is not limited to providing the Key Personnel but is determined by the needs of the Project. If any
of the Key Personnel becomes unavailable to perform services in connection with the Letter
Contract due to death, disability, or separation from the employment of the Design-Builder or any
affiliate of the Design -Builder, then the Design- Builder shall promptly notify the Department’s
Contracting Officer and propose a replacement acceptable to the Department. The Department
shall be entitled to complete information before approving such replacement. Certain members of
the Design-Builder’s Key Personnel shall be subject to a replacement fee for their removal or
reassignment by the Design-Builder.
If the Design-Builder replaces one of the key personnel listed in Exhibit F as being subject to a
replacement fee, without the prior written consent of the Department, then the Design-Builder shall
pay the Department $25,000 for each replacement as a replacement fee and not a penalty, to
reimburse the Department for its administrative costs arising from the Design-Builder’s failure to
provide the Key Personnel. The foregoing replacement fee amount shall not bar recovery of any
other damages, costs, or expenses other than the Department’s internal administrative costs.
10. ProjectTeam. The Design- Builder shall utilize the Department’s current project
management software, ProjectTeam, to submit any and all project documentation required to be
3924 Minnesota Avenue NE, Washington, DC 20019 | Telephone (202) 727.2800 | Fax (202) 727-7283
provided by the Design- Builder for the Project, including, but not limited to: (i) requests for
information; (ii) submittals; (iii) meeting minutes; (iv) invoices/applications for payment (full
package including all forms required by DGS); (v) certified p ayrolls (in addition to upload via
LCP Tracker); (vi) drawings and specifications; (vii) GMP and any Submissions that require
approval by DC Council (viii) punchlist; and (ix) other Project documents as may be designated
by the Department.
Electronic storage and transmission of information via ProjectTeam system shall be compliant
with the provisions of DGS document security.
11. Invoice Submittal. The Contractor shall create and submit payment requests in an
electronic format through the DC Vendor Portal, https://vendorportal.dc.gov. The Contractor shall
submit proper invoices on a monthly basis. To constitute a proper invoice, the Contractor shall
enter all required information into the Portal after selecting the applicable purchase order number
which is listed on the Contractor’s p rofile. Properly prepared invoices with the necessary backup
shall be paid within thirty (30) days of receipt. Invoices not paid by that date shall bear interest in
accordance with the Quick Payment Act. For assistance with the registration process call ( 202)
741-5200 or visit http://vendorportal.dc.gov to submit an inquiry.
12. Purchase Order Number. This Letter Contract will become effective on the date the Letter
Contract is executed by the Department. The Department’s Contracting & Procurement Division
will issue a purchase order number and will be sent in a separate cover. That number should be
included in all future invoices and accounting records. In the event that you do not obtain a
purchase order number please contact Kelli Howard via kelli.howard@dc.gov directly to obtain
this number.
13. Ownership and Use of Documents. All documents and work products prepared by the
Contractor shall become the property of the Department upon the payment of invoices submitted
under the Letter Contract.
14. Trade Work/Site Control. Unless otherwise directed by the Department, the Contractor
shall not perform any trade work or take control of the site. Any authorization to proceed with
trade work will include appropriate provisions relating to compliance documents (first source
employment agreement, Department of Small and Local Business Development (DSLBD)),
bonds, insurance, and safety procedures. At a minimum, however, the Department’s Standard
Contract Provisions for Construction shall apply. In addition to the requirements set forth in any
such subsequent authorization, prior to executing this Letter Contract, the Contractor shall provide
the Department’s Contracting Officer with certificates evidencing insurance, a payment and
performance bond having a penal value equal to the then value of the Letter Contract and the
Contractor’s agreement of indemnity. In the event the Contractor fails to provide the Department
with such certificates of insurance, the agreement for indemnity or bond, the Department may
withhold any subsequent payment until such documents are provided.
15. Entire Agreement; Modification. This Letter Contract, along with the Standard Contract
Provisions, (Exhibit B1 – Architectural & Engineering Services and Exhibit B2 – Construction
Services) supersede all contemporaneous or prior negotiations, representations, course of dealing,
3924 Minnesota Avenue NE, Washington, DC 20019 | Telephone (202) 727.2800 | Fax (202) 727-7283
or agreements, either written or oral. No modifications to this Letter Contract shall be effective
against the Department and unless made in writing signed by the Department. Notwithstanding the
provisions of this Section 15, nothing herein shall limit the Department’s ability to unilaterally
modify this Letter Contract.
16. Davis Bacon Act Wage Determination and 29 CFR 5.5 Davis Bacon Provision . The
Contractor agrees that the work performed under this Letter Contract shall be subject to the Davis
Bacon Wage Determination as set forth in Exhibit D and Title 29 Code of Federal Regulations
(“CFR”) Parts 5.5 Davis Bacon Provision , Exhibit E , in effect at the time of Letter Contract
execution by the Department.
17. Living Wage Act . The Contractor agrees that the work performed under this Letter
Contract shall be subject to the Living Wage Act in effect at the time of Letter Contract execution
by the Department. As such, the Contractor and its subcontractors shall comply with the wage
reporting requirements imposed by the act as set forth in Exhibit G.
18. Nonprofit Fair Compensation Act of 2020, D.C. Code § 2-222.01 Et Seq.
18.1 Nonprofit organizations, as defined in the Act, shall include in their rates the indirect costs
incurred in the provision of goods or performance of services under this contract pursuant to the
nonprofit organization's unexpired Negotiated Indirect Cost Rate Agreement (NICRA). If a
nonprofit organization does not have an unexpired NICRA, the nonprofit organization may elect
to instead include in its rates its indirect costs:
(1) As calculated using a de minimis rate of 10% of all direct costs under this contract;
(2) By negotiating a new percentage indirect cost rate with the awarding agency;
(3) As calculated with the same percentage indirect cost rate as the nonprofit organization
negotiated with any District agency within the past two (2) years; however, a nonprofit
organization may request to renegotiate indirect cost rates in accordance with 18.2; or
(4) As calculated with a percentage rate and base amount, determined by a certified public
accountant, as defined in the Act, using the nonprofit organization’s audited financial statements
from the immediately preceding fiscal year, pursuant to the OMB Uniform Guidance, and certified
in writing by the certified public accountant.
18.2 If this Contract is funded by a federal agency, indirect costs shall be consistent with the
requirements for pass-through entities in 2 C.F.R. § 200.331, or any successor regulations.
18.3 The Contractor shall pay its subcontractors which are nonprofit organizations the same
indirect cost rates as the nonprofit organization subcontractors would have received as a prime
contractor.
19. Equal Employment Opportunity and Hiring of District Residents.
The Contractor shall comply with applicable laws, regulations , and special requirements of the
Contract Documents regarding equal employment opportunity and affirmative action programs. In
accordance with the District of Columbia Administrative Issuance System, Mayor’s Order 85-85
dated June 10, 1985. Exhibit H.
3924 Minnesota Avenue NE, Washington, DC 20019 | Telephone (202) 727.2800 | Fax (202) 727-7283
20. Performance and Payment Bonds. The Contractor agrees to post a payment and
performance bond having a penal value equal to the Agreement amount at the time the Agreement
is executed. The Design-Builder will be required to post updated payment and performance bonds
to reflect the GMP Amendment amount Exhibit J.
21. Campaign Finance Reform Act.
Prior to the execution of the Contract, the Design -Builder shall complete and submit to the
Department a completed Campaign Finance Reform Act Self -Certification Form, Exhibit K,
pursuant to D.C. Official Code § 1-1161.01.
22. Project Labor Agreement. The Design- Builder shall be required to negotiate a Project
Labor Agreement with the Baltimore -DC Metro Building and Construction Trades Council and
local union entities (the “Unions”), with the goal of promoting timely, safe, and cost -effective
delivery of the Project. While the Department shall not be a signatory to the Project Labor
Agreement, the final language of the Project Labor Agreement shall be subject to review and
comment by the Department. The Department expects that the Design-Builder shall, upon receipt
of a notice to proceed, at once engage in negotiations with the Unions with the goal of finalizing a
Project Labor Agreement. It is the hope and expectation of the Department that negotiations with
the Unions will lead to a fully executed Project Labor Agreement no later than four (4) months
following the issuance of a notice to proceed. For the avoidance of doubt, the costs to the Design-
Builder to negotiate and administer the Project Labor Agreement shall be included in its General
Conditions and Design-Build Fee.
ISSUED BY: ACCEPTED BY:
The Department of General Services MCN Build, Inc.
By: By:
Name: Peter Henry Lyonga Name:
Title: Contracting Officer Title:
Date: Date:
Joseph Khoury
EVP of Preconstruction
4/9/2025
4/11/2025
X
Contract No. DCAM-24-CS-RFP-0032, for Design-Build Services Chisholm Elementary School Modernizati, is hereby modified as follows:
15A. Name and Title of Signer (Type or print)
Contractor is required to sign this document and return copy to the issuing office.E. IMPORTANT:
X
15B. MCN Build, Inc.
16A. Name of Contract Specialist
2. Release. It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases, waives, settles and hold
the Department harmless from any and all actual or potential claims or demands for delays, disruptions, additional Work, additional time, additional cost,
contract extensions, compensations or liability under any theory, whether known or unknown, that the Contractor may have now or in the future against
the Department arising from or out of, as a consequence or result of, relating to or in any manner connected with this Modification, the above referenced
project, and the Contract Work.
15C. Date Signed 16B. District of Columbia 16C. Date Signed
Safiuallah Baran
3. Terms and Conditions. ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED.
(Signature of person authorized to sign) (Signature of Contracting Officer)
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
27 DCMR Sections 4728 and Contract No. DCAM-24-CS-RFP-0032
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
1. Change in Key Personnel: The key personnel of Design-Builder's Architect/Engineer team is hereby replaced as follows:
Design-Builder's Architect/Engineer Project Manager Emily Schneider is hereby replaced by Riziki House-Okon (Project Manager), per the Design-
Builder's Architect/Engineer request (Exhibit A) and the Department's approval.
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
solicitation and this amendment, and is received prior to the opening hour and date specified.
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
12. Accounting and Appropriation Data (If Required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
DCAM-24-CS-RFP-0032
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
following methods: (a) By completing Items 8 and 15, and returning
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
9B. Dated (See Item 11)
4. Requisition/Purchase Request No.
3924 Minnesota Avenue NE, 5th Floor
Department of General Services
Washington, DC 20019
Contracts and Procurement Division
6. Issued By:
5. Caption
copies of the amendment: (b) By acknowledging receipt of this
Modification No. 1 See Block 16C PR-015219
Design-Build Services Chisholm
Elementary School (Formerly Tyler
Elementary School) Modernization
7. Administered By (If other than line 6)
2. Modification Number 3. Effective Date
1. Contract NumberMODIFICATION OF CONTRACT Page of Pages
DCAM-24-CS-RFP-0032 1 1
1
date, etc.) set forth in item 14.
is not,
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
C. This supplemental agreement is entered into pursuant to authority of:
D. Other (Specify type of modification and authority)
Joseph Khoury
Principal/EVP of Preconstruction
MCN Build, Inc.
1214 28th Street NW,
Washington, DC 20007
joseph@mcnbuild.com
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
X
10A. Modification of Contract/Order No.
10B. Dated (See Item 13)
April 11, 2025
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
A. This change order is issued pursuant to: (Specify Authority)
6/25/2025
Joseph Khoury EVP
6/25/25
(Continuation)
Contract Number Modification No. Page of Pages
DCAM-24-CS-RFP-0032 Modification No. 1 2 of 2
4. Letter Contract Recap:
Letter Contract Executed: 4/11/2025 $995,000.00
Mod #1 (KP Change) Executed: _
Total Price $995,000.00
Department of General Services 3924 Minnesota Avenue, NE, Washington D.C. 20019
Contracts & Procurement
EXHIBIT A
Request and Approval for Key Personnel Change
[EXHIBIT WILL APPEAR ON THE FOLLOWING PAGE]
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
3924 Minnesota Ave NE, 5th Floor Washington DC 20019|Telephone (202) 727-2800|Fax (202) 727-7283
Memorandum
To: Peter Henry G. Lyonga
Project: Shirley Chisholm Elementary School Modernization
Subject: Approval of Key Personnel Changes
The DGS Capital Construction team has requested a contract modification for the approval of
key personnel changes to the General Contractor’s design build team. They have requested a role
change for the project manager to the architectural team. The team has requested to replace
Studios Project Manager Emily Schneider with Riziki House-Okon. The DGS CCSD team has
reviewed the proposed resume and approves this change.
If you have any additional questions or need more details surround the scope, please do not
hesitate to reach out.
Erin Foxworthy
Executive Program Manager
DC Department of General Services
Capital Construction Services
Department of General Services 3924 Minnesota Avenue, NE, Washington D.C. 20019
Contracts & Procurement
SENT VIA ELECTRONIC MAIL ONLY
June 24, 2025
Joseph Khoury
Executive Vice President
MCN Build, Inc.
1214 28th Street, NW
Washington, DC 20016
Subject: Request for Key Personnel Change
Reference: Contract No. DCAM-24-CS-RFP-0032
Design-Build Services for Chisholm Elementary School Modernization
Dear Mr. Khoury:
This letter is to notify you that after reviewing the resumes and in accordance with Section 9 of the
Letter Contract, we have approved your request for changes in key personnel for designated personnel
within the Design-Builder's Architect/Engineer’s team for the above-referenced Project.
A later modification to the Contract will be issued with the details of this change.
If you have any questions, please feel free to contact Omer Nawazy, Contract Specialist, via email at
omer.nawazy@dc.gov
Sincerely yours,
________________
Safiullah Baran
Contract Specialist
09/02/2025