Agenda Item
7. E-SPLOST V Project: RFP No. 22-752-020 for GC Services Redan MS, Fairington ES, and Salem MS Major Building System Replacement - Construction Works, Inc. (not to exceed $18,104,706.37)
Summary: Presented by: Mr. Richard Boyd, Interim Chief Operating Officer, Division of Operations
Request: It is requested that the Board of Education approve an E-SPLOST V budget reallocation in the amount of $9,763,167.37 from Program Contingency, which will allow the proper funds to be allocated to the necessary project cost code for the construction of the major building system replacements at Redan Middle School, Fairington Elementary School, and Salem Middle School.
It is also requested that the Board of Education approve the award of RFP No. 22-752-020 to Construction Works, Inc., the most responsive and responsible offeror whose proposal is the most advantageous to the Board based on the evaluation factors, for general contractor services for Redan Middle School, Fairington Elementary School, and Salem Middle School for the lump sum amount of $18,104,706.37.
Why: To approve the award of a lump sum construction contract for major building system replacements at Redan Middle School, Fairington Elementary School, and Salem Middle School.
Details: Specific details related to the scope of work for this Request for Proposal can be found on the DeKalb County School District’s solicitation website at https://dekalbschoolsga.ionwave.net/
The RFP was issued on April 14, 2022, and notification of the upcoming bid was sent via email to more than 150 vendors from the DCSD vendor list, 2,329 vendors through the State of Georgia Procurement Registry, and 337 vendors through Demandstar. The solicitation was advertised in the Champion and posted on the DCSD website. Seventeen (17) people attended the virtual mandatory pre-proposal meeting on April 26, 2022, representing ten (10) general contractor firms. Two (2) proposals were received on May 19, 2022, for the Redan Middle School, Fairington Elementary School, and Salem Middle School Major Building System Replacement Project. Both proposals were deemed responsive and were evaluated by a selection committee.
Construction Works, Inc., will be responsible for the general contracting work as outlined in the proposal documents. The DeKalb County School District’s Standard Firm Fixed Price Contract will be used. The award of this contract will allow for the commencement of the construction of this project. Construction Works, Inc., is located at 2524 Lithonia Industrial Boulevard, Suite D, Tucker, Georgia 30058.
Financial impact: The total contract amount for the Redan Middle School Major Building System Replacement project in the amount of $4,997,155, will be allocated from the construction cost code SP5FACCON.32235.GENCONTR under the voter-approved E-SPLOST V program. A budget reallocation of $2,356,281, from program contingency is required to fund this project.
The total contract amount for the Fairington Elementary School Major Building System Replacement project in the amount of $4,203,861.37 will be allocated from the construction cost code SP5FACCON.36135.GENCONTR under the voter-approved E-SPLOST V program. A budget reallocation of $2,240,466.37 from program contingency is required to fund this project.
The total contract amount for the Salem Middle School Major Building System Replacement project in the amount of $8,903,690 will be allocated from the construction cost code SP5FACCON.36535.GENCONTR under the voter-approved E-SPLOST V program. A budget reallocation of $5,166,440 from program contingency is required to fund this project.
Contact: Mr. Richard Boyd, Interim Chief Operating Officer, Division of Operations, 678.676.1483
Effective: Upon board approval
Status: Approved by General Counsel.
Staff Recommendation to Proceed with Award of RFP No. 22-752-020
DeKalb County School District Operations Staff recognize that RFP No. 22-752-020 solicited work which:
A) Went beyond the Board approved scope for the projects involved in ways that were not necessary to
complete the scope of work approved by the Board.¹
B) The additional scope of work (beyond what was Board approved) was expected to cost more than
$100,000, and
C) The additional scope of work (beyond what was Board approved) was not included as an “add-alternate”,
meaning that the additional scope could not be removed from the solicitation.
The solicitation of work on its own does not commit the District to any action and does not incur any
financial obligation. However, any contract resulting from an RFP with an inappropriate scope of work
will result in a financial obligation, and that financial obligation (based on inappropriate scope of work)
could negatively impact the District.
In order to avoid committing the District to a financial obligation based on an inappropriate scope of
work, the proper course of action when an RFP includes an inappropriate scope of work is to cancel the
RFP (not award a contract) and to create a new RFP with an appropriate scope of work.
In the case of RFP No. 22-752-020, what made the scope of work inappropriate was that it included work
which went beyond what the Board approved, and the additional scope of work was not included in a
way that could be removed from any contracts resulting from the RFP (i.e. including the additional scope
of work as an “add-alternate”).
The proper course of action is to cancel the current RFP and either:
1. Re-issue a new RFP which does not include any scope of work beyond what the Board approved or which
includes any additional scope of work as an “add-alternate” which can be removed from any contract if
the additional scope is not approved. Or
2. Wait until the Board approves the additional scope of work and then re-issue a new RFP with the now-
appropriate larger scope of work.
If the Board does not approve the additional scope of work for these projects, than the only appropriate
course of action will be to cancel the current RFP and re-issue a new RFP which does not include any
scope of work beyond what the Board approved (#1 above).
Sam A. Moss Service Center
1780 Montreal Road | Tucker, Georgia 30084
678.676.1320 | www.dekalbschoolsga.org
However, contingent on the Board approving the additional scope of work for these projects, DCSD
Operations Staff believe that it is in the District’s best interest to continue with the current RFP and
award a contract.
Sam A. Moss Service Center
1780 Montreal Road | Tucker, Georgia 30084
678.676.1320 | www.dekalbschoolsga.org
There are two primary reasons for this recommendation:
1. These projects have already been delayed waiting for an E-SPLOST V program adjustment, and re-issuing
the RFP for GC services will result in at least three to four additional months of delay for these projects.
2. As construction prices continue to rise and construction materials continue to be hard to obtain in a
timely manner, any additional delay for these projects could result in further significant cost increases.
Given the at-the-time inappropriate scope of RFP No. 22-752-020, it is entirely appropriate and
understandable for the Board to decide not to award RFP No. 22-752-020 and instead direct staff to re-
issue the RFP with an appropriate scope of work.
However, if the Board approves the additional scope of work for the affected projects, and for the
reasons listed above, DCSD Operations Staff recommends awarding RFP No. 22-752-020 to Construction
Works, Inc., the most responsive and responsible offeror.
¹ There are often instances when the scope of work for a project must be extended beyond what was approved by the
Board in order to achieve the Board approved scope. For example: Installation of fire sprinklers at a school not designed
for them can result in needing to close-off wall vents between rooms and hallways to meet the fire-code requirements
imposed when a building is updated to include sprinklers. Closing off these vents can in-turn require updates to the
school’s HVAC system to account for the resulting changes in airflow. Upgrading the school’s HVAC system is beyond the
Board approved scope of work of “fire sprinkler installation”, but is necessary to complete the Board approved scope. In
these cases, the additional scope of work is kept to the minimum required to complete the Board approved scope of work.
Any additional cost (over $100,000) associated with additional scope required to complete the Board approved scope of
work must still be approved by the Board. Any work beyond the Board approved scope of work and not necessary to
complete the project should still be presented to the Board for approval before any financial commitments are made.
Sam A. Moss Service Center
1780 Montreal Road | Tucker, Georgia 30084
678.676.1320 | www.dekalbschoolsga.org