Proposed Contract with D2Sol, Inc. to Contract No. CW121488

MURIEL BOWSER
MAYOR
January 7, 2025
The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
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 Contract No. CW121488 with D2Sol, Inc. in the amount of $41,886,454. The period of
performance is one year from the date of the award.
Under the proposed contract, D2Sol, Inc. will support the operations and maintenance of the
District of Columbia Access System and its relevant system applications.
My administration is available to discuss any questions you may have regarding the proposed
contract. In order to facilitate a response to any questions you may have, please contact Marc Scott,
Chief Operating Officer, Office of Contracting and Procurement, at (202) 724-8759.
I look forward to the Council's favorable consideration of this contract.
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)

(A) Contract Number: CW121488

Proposed Contractor: D2Sol, Inc

Proposed Contractor’s Principals:

Rajashri "Rashi" Kale, President & CEO
Bill Destache, Managing Director
Jana Duraipandi, CTO

Contract Amount (Base Period): $41,886,454

Unit and Method of Compensation: Fixed Price

Term of Contract: One year from the date of award

Type of Contract: Firm Fixed Price

Source Selection Method: Competitive Sealed 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:

Base Period Amount: $41,886,454

Option Period 1 Amount: $41,811,515
Explanation of difference from base period (if applicable):
The option period one amount is lower than the base period amount due to expected process
efficiencies from year-to-year. The amount of staff needed and hours assigned for each staff
member are reduced from the base period to option period one.

2

Option Period 2 Amount: $38,586,501
Explanation of difference from base period (if applicable):
The option period two amount is lower than the base period amount due to expected process
efficiencies from year-to-year. The amount of staff needed and hours assigned for each staff
member are reduced from the base period to option period two.

Option Period 3 Amount: $38,964,515
Explanation of difference from base period (if applicable):
The option period three amount is lower than the base period amount due to expected process
efficiencies from year-to-year. The amount of staff needed and hours assigned for each staff
member are reduced from the base period to option period three.

Option Period 4 Amount: $38,905,626
Explanation of difference from base period (if applicable):
The option period four amount is lower than the base period amount due to expected process
efficiencies from year-to-year. The amount of staff needed and hours assigned for each staff
member are reduced from the base period to option period four.

(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 District of Columbia (the “District”), Office of Contracting and Procurement, on
behalf of the Department of Health Care Finance (DHCF) is seeking a contractor to support the
operations and maintenance of the District of Columbia Access System (DCAS) and its relevant
system applications.

DCAS is an integrated eligibility system, providing District residents and case worker the ability to
apply for or issue one or more medical/health and human services benefits through intake
processing (benefit applications), determining eligibility, and authorizing benefits online.

(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:

Solicitation Number Doc700690 was issued to the public on January 30, 2024 through an RFP. The
solicitation closed on April 12, 2024. On the closing date, the District received six proposals in
response to the solicitation. The proposals were reviewed and evaluated in accordance with the
technical evaluation factors as described in the solicitation, which are listed below. The evaluation
factors consisted of:

Technical Approach and Methodology;
Technical Expertise, Capacity, and Organization;
Personnel Qualifications;
Past Performance and Previous Experience; and
Price.

3

Based upon the findings of the technical evaluation panel and the contracting officer’s independent
review of the proposals in accordance with the evaluation factors, the contracting officer
determined that the proposal from D2Sol, Inc. was the most advantageous offer to the District and
that it is in the best interest of the District that award be made to D2Sol, Inc.

(E) A description of any bid protest related to the award of the contract, including whether the
protest was resolved through litigation, withdrawal of the protest by the protestor, or
voluntary corrective action by the District. Include the identity of the protestor, the grounds
alleged in the protest, and any deficiencies identified by the District as a result of the protest:

None

(F) A description of any other contracts the proposed contractor is currently seeking or holds
with the District:

None

(G) 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:

D2Sol has demonstrated through past performance reports that their organization has the history,
organizational and technical experience, including the key personnel required to successfully meet
the requirements of the contract. Likewise, it has been determined that the contractor maintains the
financial resources, accounting, and operational controls to successfully fulfill the District’s
requirement. The proposed contractor has been determined responsible in accordance with the
District’s standards for responsibility.

(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:

D2Sol provided a subcontracting plan with a set-aside of 35% with a total dollar amount of
$12,227,976. The contracting officer has determined that the plan meets the Department of Small
and Local Business Development requirements.

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

DCAS operates in accordance with the standards as set by the National Human Services
Interoperability Architecture and Medicaid Information Technology Architecture, Health Insurance
Portability and Accountability Act, National Institutes of Standards and Technology SP 800-53,
Internal Revenue Service Publication 1075, and U.S. Social Security Administration.

4

The expected outcome of the proposed contract is for DCAS to provide District residents and case
workers the ability to apply for, or issue, one or more benefits, through Intake processing (benefit
applications), determining eligibility, and authorizing benefits online.

(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:

None

(K) 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 DHCF Agency Fiscal Officer certified that funding in the amount of $41,886,454 is available
to DHCF to support the contract.

(L) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:

The contract has been reviewed by the Office of the Attorney General and found to be legally
sufficient. The contractor has no pending legal claim against the District.

(M) 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):

On November 7, 2024, the Citywide Clean Hands database certified that D2Sol, Inc. is current with
its District taxes.

(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 self-certified, via the Bidder/Offeror Certification form, that it is current with its
federal taxes.

5

(O) A certification that the proposed contractor has been determined not to violate 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:

The contractor has certified, via the Bidder/Offeror Certification form, that it is (1) not 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)
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.

(P) 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.:

D2Sol, Inc. is not a certified local, small, or disadvantaged business enterprise.

(Q) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:

None

(R) 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:

As of November 7, 2024, the contractor does not appear on the Office of Inspector General
Exclusions Database, the Federal Excluded Parties List or the District’s list of Debarred and
Suspended Contractors.

(S) Any determination and findings issues relating to the contract’s formation, including any
determination and findings made under D.C. Official Code § 2-352.05 (privatization
contracts):

Determination and Findings for Competitive Sealed Proposal, dated January 4, 2024
Determination and Findings for Contractor’s Responsibility, dated November 15, 2024
Determination and Findings for Price Reasonableness, dated November 15, 2024

(T) Where the contract, and any amendments or modifications, if executed, will be made
available online:

http://ocp.dc.gov

6

(U) Where the original solicitation, and any amendments or modifications, will be made available
online:

http://ocp.dc.gov
1101 4th Street, SW
Washington, DC 20024
Date of Notice: November 7, 2024 L0012825875Notice Number:
FEIN: **-***8251
Case ID: 18321429

Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
D2SOL INC
5920 S MIAMI BLVD STE 101
MORRISVILLE NC 27560-8305

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
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Health Care Finance
*** -
Office of the Chief Financial Officer
-
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
Nancy Hapeman
Acting Chief Procurement Officer
Office of Contracting and Procurement
Delicia V. Moore llol iriA V Moore Digitally signed by Delicia V. Moore
Associate Chief Finarfda~trrc~ • Date: 2024.12.16 22:12:03 -05'00'
Human Support Services Cluster
Darrin Shaffer Da rr
·1 n A 5 haffer Digitally signed by Darrin A Shaffer
Date: 2024.12.16 14:29:06 -05'00'
Agency Fiscal Officer
Department of Health Care Finance
12/16/2024
Certification of Funding for DCAS -D2Sol, Inc-O&M Vendor
The Office of the Chief Financial Officer hereby certifies that the sum of$41,886,454.00 is included in the District's
Local Budget and Financial Plan for Fiscal Year 2025 to fund the costs associated with the Department of Health Care
Finance's (DHCF) D2Sol, Inc contract to provide staffing solutions to support the operations, maintenance and continued
implementation of the District of Columbia Access System (DCAS). This certification supports the O&M vendor
contract costs from January 1, 2025, through December 31, 2025. This request replaces the previously approved funding
certification dated November 6, 2024. The fund allocation is as follows:
Vendor: D2Sol, Inc. Contract# CW121488
Fiscal Year 2025 Fundin2: 01/1/25 - 09/30/25
Agency DIFS DIFS Cost DIFS DIFS Project Award Sub Task Allocation Total Fund Center Program Account
HT0 4025002 70155 100202 7132002 200881 2001984 25.46 44.25% $13,901,066.92
HT0 1010001 70155 100202 7132002 - - - 14.75% $4,633,688.97
JA0 4020002 70321 100071 7132002 400553 2002085 23.01 13.50% $4,241,003.47
HT0 1010001 70155 100202 7132002 - - - 13.50% $4,241,003.47
HT0 1010001 70155 100202 7132002 - - - 14.00% $4,398,077.67
FY25 O&M Vendor -Parent ID - 10340 Total $31,414.840.50
Fiscal Year 2026 Fundin2: 10/1/25 - 12/31/25
Agency DIFS DIFS Cost DIFS DIFS Project Award Sub Task Allocation Total Fund Center Program Account
HT0 4025002 70155 100202 7132002 200881 2001984 25.46 44.25% $4,633,688.98
HT0 1010001 70155 100202 7132002 - - - 14.75% $1,544,562.99
JA0 4020002 70321 100071 7132002 400553 2002085 23.01 13.50% $1,413,667.82
HT0 1010001 70155 100202 7132002 - - - 13.50% $1,413,667.82
HT0 1010001 70155 100202 7132002 - - - 14.00% $1,466,025.89
FY26 O&M Vendor -Parent ID - 10340 Total $10,471,613.50
441 4th St. NW, Suite 900 South, Washington, D.C. 20001 (202) 442-5988 FAX (202) 478-1373
Upon approval of the District's Local Budget and Financial Plan by the Council and the Mayor and completion of the
thirty-day Congressional layover, funds will be sufficient to pay for fees and costs associated with the contract. There is
no fiscal impact associated with the contract.
Should you have any questions, please contact me at (202) 442-9079.
441 4th St. NW, Suite 900 South, Washington, D.C. 20001 (202) 442-5988 FAX (202) 478-1373
400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General

ATTORNEY GENERAL
BRIAN L. SCHWALB

Commercial Division

MEMORANDUM

TO: Sarina Loy
Deputy Director
Office of Policy and Legislative Affairs

FROM: Robert Schildkraut
Section Chief
Government Contracts Section

DATE: December 6, 2024

SUBJECT: Approval of Contract for Operations and Maintenance Services of the
District of Columbias Access System
Contractor: D2Sol, Inc.
Contract Number: CW112488
Contract Amount: $41,886,454

This is to Certify that this Office has reviewed the above- referenced Contract and that we have
found it to be legally sufficient.

If you have any questions in this regard, please do not hesitate to call me at (202) 724-4018.

______________________________
Robert Schildkraut

AWARD/CONTRACT
1. Reserved for later use Page of Pages
1
2. Contract Number
CW121488
3. Effective Date
See Block 20C
4. Requisition/Purchase Request/Project No.
5. Issued By Code 6. Administered By (If other than line 5)
Department of Healthcare Finance
441 4th Street, N.W., Suite 900S
Washington, D.C. 20001
Office of Contracting and Procurement
441 4th Street, N.W., Suite 700S
Washington, D.C. 20001
7. Name and Address of Contractor (No. Street, city, country, state and ZIP Code)
D2Sol, Inc.
5920 S Miami Blvd.
Suite 101
Morrisville, NC 27560
8. Delivery
FOB
Origin
X Other (See Schedule Section F)
9. Discount for prompt payment
10. Submit Invoices to the Address shown in ) Item
Code Facility (2 copies unless otherwise specified)
11. Ship to/Mark For Code 12. Payment will be made by Code
Department of Healthcare Finance
441 4th Street, N.W., Suite 900S
Washington, D.C. 20001
Department of Healthcare Finance
DHCF.invoices@dc.gov
13. Reserved for future use 14. Accounting and Appropriation Data
15A. Item 15B. Supplies/Services 15C. Qty 15D. Unit 15E. Unit Price 15F. Amount
0001 Operations and Maintenance Services of the DCAS as described in Section C. $41,886,454
Total Amount of Contract )$41,886,454
16. Table of Contents
(X) Section Description Pages (X) Section Description Pages
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
X AS o l i c i t a t i o n / C o n t r a c t F o r m 1X IC o n t r a c t C l a u s e s 66
X B Supplies or Services and Price/Cost 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
X CD e s c r i p t i o n / S p e c i f i c a t i o n s / W o r k S t a t e m e n t4X J List of Attachments 79
X DP a c k a g i n g a n d M a r k i n g 48 PART IV - REPRESENTATIONS AND INSTRUCTIONS
X EI n s p e c t i o n a n d A c c e p t a n c e 49 K Representations, Certifications and Other
Statements of OfferorsX FD e l i v e r i e s o r P e r f o r m a n c e 50
X GC o n t r a c t A d m i n i s t r a t i o n D a t a52 LI n s t r u c t i o n s , c o n d i t i o n s & n o t i c e s t o o f f e r o r s
X HS p e c i a l C o n t r a c t R e q u i r e m e n t s58 ME v a l u a t i o n f a c t o r s f o r a w a r d
Contracting Officer will Complete Item 17 or 18 as Applicable
17 X CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is 18 AWARD (Contractor is not required to sign this document.)
required to sign this document and return copies to issuing Your offer on Solicitation Number ,
office.) Contractor agrees to furnish and deliver all items or perform including the additions or changes made by you which additions or
all the services set forth or otherwise identified above and on any changes are set forth in full above, is hereby accepted as to the items
continuation sheets for the consideration stated herein. The rights and listed above and on any continuation sheets. This award
obligations of the parties to this contract shall be subject to and governed consummates the contract which consists of the following documents:
by the following documents: (a) this award/contract, (b) the solicitation, (a) the Government's solicitation and your offer, and (b) this award/
if any, and (c) such provisions, representations, certifications, and contract. No further contractual document is necessary.
specifications, as are attached or incorporated by reference herein.
(Attachments are listed herein.)
19A. Name and Title of Signer (Type or print) 20A. Name of Contracting Officer
Latora Davis
19B. Name of Contractor
(Signature of person authorized to sign)
19C. Date Signed 20B. District of Columbia
(Signature of Contracting Officer)
20C. Date Signed
Government of the District of Columbia Office of Contracting & Procurement DC OCP 201 (7-99)
80

Page 2 of 80
SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND
PRICE/COST

B.1 The District of Columbia (the “District”), Office of Contracting and Procurement (OCP), on
behalf of the Department of Health Care Finance (DHCF) is seeking a contractor to support the
operations and maintenance of the District of Columbia Access System and its relevant system
applications.

B.2 The District contemplates award of a firm fixed price type contract in accordance with 27
DCMR Chapter 24.

B.3 PRICE SCHEDULE – FIRM FIXED PRICE

B.3.1 BASE PERIOD
Contract Line Item
No. (CLIN)
Item Description Total Price
0001 Operations and Maintenance Services of the
DCAS as described in Section C.

$41,886,454

B.3.2 OPTION PERIOD ONE
Contract Line Item
No. (CLIN)
Item Description Total Price
1001 Operations and Maintenance Services of the
DCAS as described in Section C.

$41,811,515

B.3.3 OPTION PERIOD TWO
Contract Line Item
No. (CLIN)
Item Description Total Price
2001 Operations and Maintenance Services of the
DCAS as described in Section C.

$38,586,501

B.3.4 OPTION PERIOD THREE
Contract Line Item
No. (CLIN)
Item Description Total Price
3001 Operations and Maintenance Services of the
DCAS as described in Section C.

$38,964,515

B.3.5 OPTION PERIOD FOUR
Contract Line Item
No. (CLIN)
Item Description Total Price
4001 Operations and Maintenance Services of the
DCAS as described in Section C.

$38,905,626

Page 3 of 80
B.4 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01 et seq.

B.4.1 Nonprofit organizations, as defined in the Act, shall include in their rates the indirect costs
incurred in 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 2 years; however, a nonprofit organization
may request to renegotiate indirect costs rates in accordance with B.4.2; 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.
B.4.2 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.

B.4.3 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.

Page 4 of 80
SECTION C: SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE:

The District of Columbia (the “District”), Office of Contracting and Procurement (OCP), on
behalf of the Department of Health Care Finance (DHCF) is seeking a contractor to support the
operations and maintenance of the District of Columbia Access System (DCAS) and its relevant
system applications.

DCAS is an integrated eligibility system providing District residents and case workers the ability
to apply for or issue one or more of the below mentioned benefits through Intake processing
(benefit applications), determining eligibility, and authorizing benefits online . These benefits
include:

Medical/Health Benefits
• Streamlined Medicaid
• Insurance Assistance
• Unassisted Qualified Health Plan
• Employer Sponsored Insurance
• Immigrants Children’s Program
• Traditional Medicaid

Human Services Benefits
• SNAP/Transitional SNAP
• TANF/POWER
• Low Income Home Energy Assistance Program
• Refugee Cash Assistance
• Burial Assistance
• Local SNAP Supplement
• Interim Disability Assistance

*The District determines eligibility for other local programs in the DCAS.

DCAS also contains a website based on Cúram Universal Access referred to as “District Direct”
and a Mobile Application referred to as “District Direct Mobile” to provide a cross platform suite
of digital services to allow beneficiaries to interact with the ir Cash, Food, and Medical Benefits
as administered and managed in the DCAS Cúram case management system.

C.2 APPLICABLE DOCUMENTS

The following documents are applicable to this procurement and are hereby incorporated by this
reference:
Item
No.
Document
Type Title Date
1 Federal
Law 42 USC 1396b Social Security Act Most
Recent

Page 5 of 80
Grants to States for Medical Assistance Programs and
Section 1903(a), (b), (d) – Federal Financial Participation
Requirements Mechanized Claims Payment and
Information Retrieval Systems
https://www.ssa.gov/OP_Home/ssact/title19/1903.htm
2 Federal
Regulation
45 CFR Part 95 – General Administration – Grant Programs
(Public Assistance and Medical Assistance).
http://law.justia.com/cfr/title45/45cfr95_main_02.html

Most
Recent
3 Federal
Regulation
45 CFR Part 160 and 164
Health Insurance Portability and Accountability Act
(HIPAA) Regulations.
http://www.hhs.gov/ocr/privacy/hipaa/administrative/privac
yrule/index.html
Most
Recent
4 Federal
Regulation
45 CFR 95.621 Automated Data Processing (ADP) Reviews
http://www.law.cornell.edu/cfr/text/45/95.621
Most
Recent
5 Federal
Regulation
42 CFR 433.112 - FFP for design, development, installation
or enhancement of mechanized claims processing and
information retrieval systems.
http://www.law.cornell.edu/cfr/text/42/433.112
Most
Recent
6 National
Standard
Guide for Developing Security Plans for Federal
Information Systems NIST SP 800-18.
http://csrc.nist.gov/publications/nistpubs/800-18-
Rev1/sp800-18-Rev1-final.pdf
Most
Recent
7 Federal
Regulation
Guide for Performing Risk Assessments
NIST SP 800-30.
http://csrc.nist.gov/publications/nistpubs/800-30-
rev1/sp800_30_r1.pdf
Most
Recent
8 Federal
Regulation
Guidance for Exchange and Medicaid Information
Technology (IT) Systems Version 2.0 --
https://www.cms.gov/CCIIO/Resources/Files/Downloads/ex
change_medicaid_it_guidance_05312011.pdf

Most
Recent
9 Federal
Regulation
Medicaid Information Technology Architecture (MITA)
Version 3.0 -- https://www.medicaid.gov/medicaid/data-
and-systems/mita/mita-30/index.html
Volume II: Minimum Acceptable Risk Standards for
Exchanges Version 2.0 --
https://www.cms.gov/CCIIO/Resources/Regulations-and-
Guidance/Downloads/2-MARS-E-v2-0-Minimum-
Acceptable-Risk-Standards-for-Exchanges-11102015.pdf

Most
Recent
10 Federal
Regulation
Patient Protection and Affordable Care Act, Public Law
111-148 – https://www.gpo.gov/fdsys/pkg/PLAW-
111publ148/pdf/PLAW-111publ148.pdf

Most
Recent

Page 6 of 80
11 Federal
Regulation
Publication 1075: Tax Information Security Guidelines for
Federal, District and Local Agencies, OBM No. 1545-0962
https://www.irs.gov/pub/irs-pdf/p1075.pdf

Most
Recent
12 Federal
Regulation
The guidance of the National Institute of Standards and
Technology, Computer Security Division -
http://csrc.nist.gov

Most
Recent
13 Federal
Regulation
The Federal Information Security Modernization Act
(FISMA) - http://csrc.nist.gov/drivers/documents/FISMA-
final.pdf

Most
Recent
14 Federal
Regulation
The Americans with Disabilities Act – http://www.ada.gov

Most
Recent
15 Federal
Regulation
The “Electronic Information Exchange Security
Requirements and Procedures for District and Local
Agencies Exchanging Electronic Information with the
Social Security Administration.” This document, labeled as
“sensitive” by the Social Security Administration, will be
provided to the contractor post award.
Most
Recent
16
DC
Personnel
Manual
https://dchr.dc.gov/page/electronic-district-personnel-
manual-e-dpm
Most
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17 Federal
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Guidance for Exchange and Medicaid Information
Technology (IT) Systems Version 2.0 --
https://www.cms.gov/CCIIO/Resources/Files/Downloads/ex
change_medicaid_it_guidance_05312011.pdf

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18 Federal
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Executive Order 11246, entitled “Equal Employment
Opportunity,” as amended by Executive Order 11375, and
as supplemented by the Department of Labor Regulations
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Americans with Disabilities Act (28 CFR Part 35, Title II,
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C.3 DEFINITIONS

These terms when used in this Contract have the following meanings:

Page 7 of 80
C.3.1 Benefits - The items or services provided to citizens via health or human services
programs. Covered benefits and excluded services are defined for each program in District
program rules and policies.

C.3.2 Centers for Medicare & Medicaid Services (CMS) - Previously known as the Health Care
Financing Administration (HCFA), CMS is a federal agency within the U.S Department of Health
and Human Services that administers the Medicare program and works in partnership with state
governments to administer Medicaid, the State Children's Health Insurance Program (SCHIP),
and health insurance portability standards. In addition to these programs, CMS has other
responsibilities, including the administrative simplification standards from the Health Insurance
Portability and Accountability Act of 1996 (HIPAA), quality standards in long-term care facilities
(more commonly referred to as nursing homes) through its survey and certification process, and
clinical laboratory quality standards under the Clinical Laboratory Improvement Amendments.

C.3.3 Children’s Health Insurance Program (CHIP) - Jointly financed by the federal and state
governments and is administered by the states. Within broad federal guidelines, each state
determines the design of its program, eligibility groups, benefit packages, payment levels
for coverage, and administrative and operating procedures. CHIP provides a capped amount of
funds to states on a matching basis. Federal payments under title XXI to states are based on state
expenditures under approved plans effective on or after October 1, 1997.

C.3.4 Customer Service Log (CSL) - The term used for help desk tickets for system issues.

C.3.5 Cúram Software - A leading provider of solutions for social program management organizations
and is now part of Merative. Cúram Software solutions help leaders innovate across services and
organizations to meet and exceed citizen expectations and support improved outcomes.

C.3.6 Current - C!A’s SaaS service delivery platform for health and human
services powered by Vimo, prioritizes work and delivers it to workers, ensuring as many
customers as possible are served with the resources available each day.

C.3.7 DC Healthcare Alliance - A DC funded program that provides community- based health
care and medical services to DC residents ineligible for Medicaid with household incomes at or
below 200 percent of the federal poverty level. The program was established by the Health Care
Privatization Amendment Act of 2001, effective July 12, 2001 (D.C. Law 1418; D.C. Official
Code § 7- 1401 et seq.).

C.3.8 District of Columbia Access System (DCAS) - The system in the District that maintains the
software and hardware needed for integrated eligibility determinations.

C.3.9 Department of Health Care Finance (DHCF) - The District government agency responsible for
administering publicly financed medical assistance benefits, including Medicaid services under
Title XIX, CHIP, Immigrant Children’s Health Program, and DC Healthcare Alliance.

C.3.10 Department of Human Services (DHS) - The District agency responsible for eligibility
determination for a number of public benefit programs, including Medicaid, DC Healthcare
Alliance, Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance
Program (SNAP), Child Care Subsidy, Burial Assistance, Emergency Rental Assistance, Interim
Disability Assistance, Refugee Cash Assistance, Homeless Services, Adult Protective Services,

Page 8 of 80
Teen Parenting Program, Strong Families, and other programs focused on case management.
Note: The District of Columbia Department of Human Services (DC DHS) is a local
District agency and is not the same as the federal US Department of Homeland Security (U S
DHS).

C.3.11 Document Image Management System (DIMS) – IBM software that stores case documentation
in a separate repository, linked to the case it applies to.

C.3.12 District of Columbia Health Benefit Exchange Authority (HBX) - Refers to the quasi -
governmental agency established in 2012 to establish and administer a health insurance exchange
and Small Business Options Program (SHOP) for the District.

C.3.13 Federal Poverty Level (FPL) - A measure of income level issued annually by the U.S.
Department of Health and Human Services. Federal poverty levels are used to determine
eligibility for certain programs and benefits.

C.3.14 Food and Nutrition Service (FNS) - Formerly known as the Food and Consumer Service, FNS
administers the nutrition assistance programs of the U.S. Department of Agriculture (USDA).
FNS funds the SNAP Program and requires states to be compliant with FNS Handbook 901 when
receiving federal fun ds from USDA/FNS to implement system modernization and automation
projects.

C.3.15 Identity Access Management (IAM) - The security discipline that enables the right individuals
to access the right resources at the right times for the right reasons.

C.3.16 Integrated Eligibility - Having one portal or application for all health and human services
benefits, such as SNAP or TANF.

C.3.17 Internal Revenue Service (IRS) - The federal agency responsible for administering and
enforcing the Treasury Department's revenue laws through the assessment and collection of taxes,
determination of pension plan qualification, and related activities.

C.3.18 JIRA - Is a proprietary issue tracking product developed by Atlassian. It provides bug tracking,
issue tracking, and project management functions.

C.3.19 Maintenance - Includes hardware, system, software and documentation maintenance. Hardware
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updating of files and disk or file maintenance. Software maintenance is the updati ng of the
solution software and programs to meet changing requirements, such as adding new functions and
changing data formats. ,WDOVRLQFOXGHVIL[LQJGHIHFWVDQGDGDSWLQJWKHVRIWZDUHWRQHZKDUGZDUHௗ
Documentation maintenance is updating documentation to reflect operations and maintenance
changes.

C.3.20 Medicaid - Is a state -administered health insurance program for low -income families and
children, pregnant women, the elderly, people with disabilities, and in some states, other adults.
The federal government provides a portion of the funding for Medicaid and sets guidelines for the
program. States also have choices in how they design their program, so Medicaid varies state by
state and may have a different name in other states. With the ACA, Medicaid has been further
designated into MAGI and non-MAGI. MAGI provide a new simplified method for calculating

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income eligibility for Medicaid, CHIP and financial assistance available through the health
insurance exchange. For coverage, effective January 2014, MAGI is now the basis for
determining both Medicaid and CHIP eligibility for children, pregnant women, parents and the
adults enrolled under the new adult eligibility group created by the ACA (in states that adopt that
eligibility group). Individuals age 65 and older and those who qualify for Medicaid based on
disability are not affected by ACA and fall under the non-MAGI eligibility rules.

C.3.21 National Institute of Standards and Technology (NIST) - Is a non-regulatory federal agency
within the U.S. Department of Commerce. NIST’s mission is to promote U.S. innovation and
industrial competitiveness by advancing measurement science, standards, and technology in ways
that enhance economic security and improve our quality of life.

C.3.22 O&M - means Operations and Maintenance.

C.3.23 Organizational Change Management (OCM) – This team coordinates messaging of system
changes and all training on new features.

C.3.24 Office of Chief Technology Officer (OCTO) - Refers to the District’s central information
technology agency that defines technology policies and maintains all District private wide area
network and telecommunication as well as data centers.

C.3.25 Operations - Means all processes and services that are provisioned to customers necessary to run
the solution. Operations may include, but not be limited to, the use of supplies, software,
hardware, and personnel directly associated with the functioning of the solut ion. This includes
management, planning, design, implementation, verification and execution. Operations endeavor
to define the common processes and procedures, policies, roles, responsibilities, terminology, best
practices and standards for running the solution. Current teams under operations include:
Salesforce, Testing, App/Dev, Notices, Triage/Help Desk, Security, and Infrastructure.

C.3.26 Project Manager (PM) - Is the person in overall charge of the planning and execution of a
project.

C.3.27 Project Management Office (PMO) - Is a group or department within a business, agency or
enterprise that defines and maintains standards for project management within the organization.

C.3.28 Qualified Health Plan (QHP) - Is an insurance plan that is certified by an exchange, provides
essential health benefits, follows established limits on cost-sharing (like deductibles, copayments,
and out -of-pocket maximum amounts), and meets other requirements. Qualified health plans
began under the ACA and are certified by each Exchange in which they are sold.

C.3.29 Salesforce - Is a cloud -based customer relationship management (CRM) system that allows
salespeople to track their sales, support people to track their cases, and the entire company's
employees to collaborate with each other.

C.3.30 SharePoint - Is a web -based, collaborative platform that integrates with Microsoft Office.
Launched in ௗSharePointௗLVSULPDULO\VROGDVDGRFXPHQWPDQDJHPHQWDQGVWRUDJHV\VWHP
but the product is highly configurable, and usage varies substantially between organizations.

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C.3.31 Social Security Administration (SSA) - Is the U.S. government agency that provides economic
assistance to persons faced with unemployment, disability, or agedness, financed by an
assessment of employers and employees.

C.3.32 Stakeholder - Is an individual or entity with a vested interest in any or all the policy decisions
related to the implementation of DCAS in the District.

C.3.33 Sub - Sub-contractor

C.3.34 Supplemental Nutrition Assistance Program (SNAP) - Formerly the Food Stamp Program, is
the cornerstone of U.S. Department of Agriculture's nutrition assistance. SNAP began in its
modern form in 1961, but had its origins in the food stamp plan to help the needy in the 1930's.

C.3.35 Temporary Assistance to Needy Families (TANF) - Formerly known as Aid to Families with
Dependent Children (AFDC), provides grant funds to states and territories to provide families
with financial assistance and related support services. State -administered programs may include
childcare assistance, job preparation, and work assistance.

C.3.36 UAT - User Acceptance Testing

C.3.37 Virtual Private Network (VPN) - Is a network constructed using public wires, usually the
Internet, to connect remote users or regional offices to a company's private, internal network.

C.3.38 VMware - Is a software application used for virtualizing infrastructure environments and includes
tool for managing cloud computing for network administrators.

C.4 BACKGROUND
On May 31, 2017, the Office of the City Administrator assigned DHCF the full management and
operation of DCAS. DHCF assumes complete responsibility and oversight for DCAS application
development, operation, and maintenance.
DCAS is a project undertaken by the District to integrate all health and human services programs
including Advance Premium Tax Credits/Cost Sharing Reductions (APTC/CSR), Medicaid,
District of Columbia Health Care Alliance (Alliance), Immigrant Children’s Program,
Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families
(TANF), and other human services programs. DCAS operates in accordance with the standards
as set by the National Human Services Interoperability Architecture (NHSIA) and Medicaid
Information Technology Architecture (MITA), Health Insurance Portability and Accountability
Act (HIPAA), National Institutes of Standards and Technology (NIST) SP 800 -53, Internal
Revenue Service (IRS) Publication 1075, and U.S. Social Security Administration (SSA).
To support this collaborative and integrative approach, in 2010, the District passed the Data -
Sharing and Information Coordination Amendment Act of 2010, effective December 4, 2010
(D.C. Law 18-273; D.C. Official Code §§ 7-241, et seq.), as amended, accompanying regulations
at 29 DCMR §§ 3000-3099 (collectively referred to as the “Data Sharing Act”). The Data Sharing
Act governs the data sharing required to advance this collaborative and integrated approach to
service delivery, to the extent allowed by federal and local law.

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District Agencies Involved

The following agencies own and/or support the ongoing efforts of the DCAS.

The Department of Health Care Finance (formerly the District Medical Assistance
Administration under the Department of Health) was established on February 27, 2008, under the
Department of Health Care Finance Act of 2007. DHCF is the District’s Medicaid agency and has
legal authority to admin ister the District’s state-wide Medicaid program. It provides health care
services to low- income children, adults, the elderly and persons with disabilities. Over 200,000
District residents (nearly one third of the total population) receive health care se rvices
administered by DHCF. The agency is also responsible for the implementation of certain
components within the Health Information Technology for Economic and Clinical Health Act
(HITECH) under the American Recovery and Reinvestment Act of 2009, Pub. L . 111 -5, key
components of Patient Protection and Affordable Care Act (PPACA), Pub. L. 111 -148 and
Mayor’s Order 2011-106.

The Department of Human Services (DHS) is comprised of two administrations – the Economic
Security Administration (ESA) and Family Services Administration (FSA) to administer federally
and locally funded social benefit programs. Under an agreement with the District, DHS is
responsible for processing and making eligibility determinations for Medicaid, as well as other
health and human services benefit programs.

DC Health Benefit Exchange Authority (HBX) was established as a requirement of Section 3
of the Health Benefit Exchange Authority Establishment Act of 2011, effective March 3, 2012
(D.C. Law 19 -0094). The mission of the DC HBX is to implement a health care exchange
program in the District o f Columbia in accordance with the PPACA, thereby ensuring access to
quality and affordable health care to all DC residents. The HBX is responsible for policies
governing eligibility determination for the Advance Premium Tax Credit (APTC), as well as all
aspects of the DC Health Link insurance marketplace and Small Business Health Options Program
(SHOP).

The Office of the Chief Technology Officer (OCTO) is the central technology organization of
the District of Columbia Government. OCTO develops, implements, and maintains the District’s
technology infrastructure; develops and implements enterprise applications and integration
platforms; establishes and oversees technology and security policies and standards for all areas of
District government. OCTO is responsible for assuring the DCASPMA activities fits with the
overall District IT architecture, security standards, integration platforms, and technology strategy.

DCAS Implementation Background

The Department of Health Care Finance, in partnership with Department of Human Services and
the DC Health Benefit Exchange, joined together and built the District’s integrated eligibility
system for Medicaid, SNAP, TANF, and other local programs. The syste m also has the capacity
to support determination of qualified health plans and advanced premium tax credits under the
Affordable Care Act.

The District’s integrated eligibility system, known internally as the District of Columbia Access
System (DCAS) is owned and operated by DHCF. The DHCF’s DCAS Program Management
Administration (DCASPMA) is responsible for overseeing the successful operations of all DCAS

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components including, but not limited to, the infrastructure stack including Merative’s Curam
product overall system architecture, interfaces, defect fixes and enhancements.

Over the past decade, the District has undergone several major implementations and today the
District offers a caseworker portal, online portal, partner portal, and a mobile application. The
DCAS ecosystem is publicly known as District Direct. District Dir ect denotes more than the
eligibility system but the various applications that end users utilize to apply for and access benefits
(Online, Mobile Application, Partner Portal, Integrated Eligibility Application). For purposes of
this contract, the term “DCAS” will refer to the proprietary system as well as the accompanying
applications and infrastructure in place to make up of the entire ecosystem.

The visual depicts the layout and structure of the administration. This contract focuses primarily
on the activities within the Operations and Maintenance (O&M) Division and its subdivisions.
Below you will find a brief overview of each of the team’s functions.

Team Function
Application Development Design and develop enhancements and defect
fixes.
Infrastructure Manage the physical hardware that supports
the systems, networks, and storage necessary
for IT service delivery.
Quality Assurance Create and perform tests, identify errors,
provide feedback to verify that a final product
meets business requirements.
Data Research Analytics Management Manage reports, interfaces, batches, perform
data fixes, and all conversion efforts.
Security Design, develop, implement, and oversee
security solutions for DCAS, ensuring
ongoing compliance with established policies,
systems, and regulations.

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Salesforce Provides timely and effective Customer
Relationship Management (CRM) system
development, enhancement and maintenance
Triage Provides advanced technical troubleshooting
and analysis solutions.
Notices Responsible for the successful generation and
delivery of all client facing notices associated
with DCAS programs.
Quality Control & Account Management • Evaluate and confirm all DCAS
related services are carried out as
designed in the production
application.
• Verify and validate system access for
internal and external users.

C.5 REQUIREMENTS

The contractor shall be responsible for managing and providing all services for the continued
O&M of the DCAS, including all functions, components and supporting applications.

C.5.1 Project Start-Up/Initial Implementation

A. The Contractor shall participate in a program kickoff meeting at the start of the contract. The
purpose of the meeting is to introduce key State and Contractor support personnel; discuss plans;
examine the status of any risks or issues; and address any oth er issues that the State and/or the
Contractor may wish to discuss.

B. The Contractor shall conduct a program startup review orientation meeting for the District project
team. Upon 30 days of contract award, the Contractor shall provide an Implementation Plan which
includes a Staffing plan with an organizational chart attached. The Contractor shall outline its
startup activities including timelines to support the transition. The plan should also include:

1. Management Approach – Including project assumptions and constraints and the overall
approach to project management.

2. Support Work Plan – Including the comprehensive methodology for implementing the support
solution in a phased approach and detailed project schedule. The support plan shall include
work activity descriptions, work activity dependencies, work activity durations, resources,
deliverables, and timeline for each aspect.

3. Personnel Approach – Including the roles, responsibilities, and allocations of each resource
assigned to the effort, the approach to transitioning personnel between each life cycle phase,
and the approach to estimating levels of resources required.

4. Communication Approach – Including the methodology for communicating status, issues, and
risks to stakeholders.

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5. Risk Management Approach – Including the process, methods, tools, and resources that will
be applied to the support model for risk management. The information the Contractor presents
must describe how the Contractor will identify and analyze risks, the bas is for prioritizing
risks, how the Contractor will develop and implement risk responses, and how the Contractor
will measure success of those responses.

C. The District reserves the right to require modifications and changes to the Contractor’s
Implementation Plan. The Contractor shall modify and/or provide additional information
regarding its Staffing/Implementation Plan, as required by the District.

D. Upon request by the District, the Contractor shall update and submit a final Support
Implementation Plan to the District within a timeframe specified by the District. If additional
revisions to the implementation plan are necessary, the Contractor shall continue to revise, as
requested by the District.

E. The contractor shall provide an electronic copy of the final, approved Implementation Plan to the
District.

C.5.2 Support Services

The contractor shall support the operations and maintenance of the DCAS and its relevant
system applications. The different support areas are as follows:

C.5.2.1 Infrastructure (Environments) – See Attachments J.17 and J.18

A. DCAS system and applications are available to District residents, C aseworkers, and other end
users 24/7, 365/days so they may be able to apply for and/or access account for existing benefit
information. The Contractor shall:

1. Ensure all DCAS related production systems and applications are always available and fully
functional and minimize downtime when conducting upgrades and other related activities.

2. Provide adequate staffing support during primary focus during normal business hours 8a-6pm.

3. Provide active monitoring of all DCAS nonproduction environments including but not to
Quality Assurance (QA), User Acceptance Testing (UAT), and Application Development
(A/D).

4. Provide ongoing maintenance support for all DCAS environments such as security patching,
software installation, upgrades, and patching.

5. Provide ongoing maintenance of all hardware and software within DCAS.

6. Provide active monitoring and ongoing maintenance of production environment.

B. The Contractor must work closely with other teams within DCAS, such as AppDev and QA, to
ensure smooth deployment of system artifacts into all environments.

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C.5.2.1.1 Identity & Access Management

DCAS utilizes Identify & Access Management (IAM) Suite to help the right people and/or machines
access the right assets for the right reasons, while keeping unauthorized access and fraud at bay. The
contractor shall:

A. Support the DCAS IAM Suite to provide access through multiple channels such as Centralized
Identity store, Single Sign-on, Multi-factor authentication, Helpdesk Portal for Customer
Service Requests (CSR’s) and Self-Service Portal for DCAS users.
B. Support and patch IAM infrastructure.

C. Troubleshoot integration issues with DCAS system and applications (Cúram, Salesforce, and
EnrollApp) such as login, account creation, password; and

D. Generate a re-certification and login statistics report to validate users.

C.5.2.2 Quality Assurance (Testing)

DCAS maintains a robust QA process for creating and performing tests, identifying errors, and
providing feedback to verify that a final product meets end user needs. The Contractor shall:

A. Understand that testing involves verifying and validating that DCAS performs as expected. In
terms of testing DCAS, verification is a confirmation that the end product matches the
specifications laid out in the requirements and system design. Validation is a broader check that
the system meets the needs of users and addresses the overall business needs for the project.
Effectively testing the system requires a robust planning activity that, like system build, is based
on the agreed upon designs.

B. Understand that test planning involves identification of cases/conditions and data to be used to
execute the test. The Contractor shall describe its approach to testing in the Test Plan deliverable,
which shall include overall scope, approach, schedule, resources, environment, and reporting.

C. The Contractor shall provide a Test Plan that specifies processes, tools, and reporting mechanisms
used for performing:

1. Unit Testing
2. Automated Code Review Results
3. Assembly Testing
4. System Testing
5. Regression Testing
6. Conversion Testing
7. Integration Testing
8. Performance/Stress Testing (include load testing to account for business cycles)
9. Security/Vulnerability Testing
10. Accessibility & Usability Testing
11. Release Dry Run
12. Post Release Validation

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13. Support of User Acceptance Test
14. Support of System Pilot
15. Capacity Planning
16. Benchmark testing

D. The Contractor’s Test Plan shall also provide substantial detail on how the Contractor shall:

1. Create and Maintain project level Test Strategy and Test Automation Strategy
2. Create and Maintain project level Test Plan and Test Automation Plan
3. Create and Maintain Test Cases/Scenarios
4. Identify Testable Acceptance Criteria
5. Develop and Execute Automated Test Scripts
6. Create Automation documentation
7. Document all Test Results
8. Create and Track Defects identified through testing
9. Create Test Closure Document

C.5.2.3 Security

A. DCAS must design, develop, implement, and monitor DCAS security solutions and maintain
compliance with established policies, systems, and regulations such as NIST, IRS, HIPPA, and
CMS guidelines.

B. The Contractor shall use best practices to design, implement, manage, administer, and govern the
security and privacy of the DCAS and its data.

C. The Contractor is expected to implement and maintain at minimum the following security
requirements:

C.5.2.3.1 Audit and Monitoring

A. The Contractor shall support and participate in third -party Independent Security
Assessments by providing information, responding to inquiries, and documents on
behalf of the District.

B. To the extent required and applicable to the scope of work, the Contractor shall provide
any necessary support to third-party audits of the DCAS, including but not limited to
those by or on behalf of the Social Security Administration (SSA), Internal Revenue
Services (IRS), and Centers for Medicare and Medicaid Services (CMS).

C. If any such audit reveals material gaps or weaknesses in DCAS security program the
Contractor shall, at a minimum, submit a corrective action plan to the DCASPMA and
correct the issues within an agreed upon timeframe.

D. The Contractor shall respond to DCAS annual external audits such as CAFR, IRS, and
CMS.

Page 17 of 80
E. The Contractor shall utilize auditing functionality that monitors the system’s accuracy
and completeness.

F. The Contractor shall understand audit trails and must be available to trace user and
system-initiated actions for all update and inquiry transactions. The audit trails must
be available for online inquiry for up to ten (10) years after the last auditable action on
a case. No modification of audit trail data is permitted. The Contractor may store audit
trails offline on machine-readable media after ten (10) years from the last activity on
a case or client. The Contractor -stored data shall be readily accessib le in the case of
audit, appeals, or litigation.
C.5.2.3.2 Security Management

A. The Contractor shall maintain a comprehensive written information security program,
based on industry best practices and standards. The program must contain:
1. Written information privacy and security policies, communicated to
appropriate personnel and third-party providers and revised on a regular basis.

2. The Contractor shall develop and Submit Annual Information Security Risk
Assessment (ISRA) report.

3. The Contractor shall update the System Security Plan (SSP) and all the
supporting documents including but not limited to:
• Hardware and Software Inventory
• Contingency Plan (CP)
• Configuration Management Plan (CMP)
• Contingency Plan Test Plan (CPTP)
• Incident Response Plan.

B. The Contractor shall also detail how it plans to manage DCAS security reporting
requirements. Some examples include:

• IRS FTI Site Inspection Reports for OCTO, OCTO Data Center 3, OCT Data
Center 1, HBX and Contact Center.
• Bi-annual Corrective Action Plan (CAP) to IRS.
• Privacy Impact Assessment (PIA).
• Independent Assessor developed Security Assessment Plan (SAP), Security
Assessment Report (SAR), and deficiency report in the form of Plan of Action
and Milestones (POAM’s).

C.5.2.3.3 Risk Management

A. The Contractor shall implement a risk management program to formally identify, assess,
treat, and monitor risks.

B. The Contractor shall perform periodic risk assessments to evaluate the risk profile
regarding the collection, storage, and use of DCAS Information.

Page 18 of 80

C. The Contractor must use best efforts to continually identify and mitigate internal and
external risks that could result in the compromise of confidential information, including
DCAS information.

C.5.2.3.4 Personnel Security/Human Resources Security

A. The Contractor shall implement controls to enable employees, contractors, and partner
agencies to adhere to policies and standards, according to roles and access in order to reduce
the risk of theft, fraud, loss, and misuse of facilities or information.

B. The Contractor shall ensure all District employees, partners, contractors and third-party users
understand their responsibilities and are suitable for the roles in which they are considered,
including through any appropriate personnel screening.

C. The Contractor shall ensure that security roles and responsibilities of District employees,
partners, contractors and third -party are defined and documented to incorporate DCAS data
protection control requirements.

D. The Contractor shall ensure all District employees, partners, contractors and third-party users
are provided with education and training in privacy and security procedures and the correct
information processing requirements.

E. The Contractor shall ensure all District employees, partners, contractors and third-party users
are notified of the consequences for not following the minimum information security
requirements in connection with the handling of DCAS Information and data.

F. If Contractor has knowledge that an agent is using or disclosing DCAS Information in a
manner contrary to the scope of services, the Contractor shall take reasonable steps to prevent
or stop the use or disclosure.

C.5.2.3.5 Operations Management

A. The Contractor shall provide appropriate security and protection from unauthorized access,
damages and interference of assets based on classification, information sensitivity, and other
factors.

B. The Contractor shall ensure that a ll assets used to manage or store DCAS information and
data are protected against unauthorized access, disclosure, modification, destruction, or
interference.

C. The Contractor shall not use any third -party controls, software, or freeware without prior
approval of the District.

D. The Contractor is responsible for data protection, privacy compliance, and security control
validation/certification of its sub-contractors.

Page 19 of 80

E. The Contractor shall manage and review network and security logs through Splunk software.

F. The Contractor’s security team shall monitor all databases via McAfee DAM and Oracle
Database vault.

G. The Contractor shall manage Linux login tools for pluggable authentication module.

H. The Contractor shall ensure the commercial cloud provider meets all requirements for DC
Government, Federal and state partners.

I. The Contractor shall only use District -approved equipment to connect to the District’s
network. The Cisco VPN client software and licensing is provided by the District. The District
provides the VPN concentrator hardware at the District location for terminating workstation
VPN Client connections.

J. The Contractor shall ensure all VPN client software utilized, such as the Cisco AnyConnect
software provided by the District, is implemented with all secure transmission options enabled
to ensure encrypted connectivity. If the Contractor uses third-party communication software,
the software must have the ability to send and receive encrypted e-mail communications.

K. All communications software and connectivity options the Contractor utilizes must encrypt
all communications.

L. The Contractor’s DCAS shall comply with the following additional security requirements for
interfacing with the District network:

1. Any networked device not managed by the District shall require a security
management agent to ensure compliance and to mitigate potential security incidents.
The Contractor shall enforce the Districts critical endpoint security policies. If the
device is not in compliance, remediation will be required prior to allowing the device
back on the District’s network. The policy can be found here:
https://octo.in.dc.gov/sites/default/files/dc/sites/OCTO/publication/attachments/Netw
ork%20Access%20Policy.pdf

2. The Contractor shall ensure virus protection software is installed and kept current and
servers are free of malware, viruses, worms and all other software that may pose a
threat to the security of the information, data, and information systems utilized by the
District, the Contractor, and other entities that are tied into either DCAS or District
systems, within the constraints of OCTO policy.

3. The Contractor shall ensure operating systems are kept up to date with the latest
service/ security packs/ fixes on a set schedule. If the District’s VPN client software
is installed, the Contractor shall fully disconnect from the District’s system when it is
not in use.

4. The Contractor shall ensure the security of all mobile communication devices and data
storage devices, such as tablets, iPads, iPhones, and smart phones, used by its

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personnel for the District activities which entail confidential case specific data. This
list is not meant to be exhaustive, but merely illustrative of the types of devices
contemplated by this provision. Regarding these mobile communication devices, the
Contractor shall use AirWatch mobile device management software, or an equivalent
management and encryption software acceptable to the District, to ensure that
confidential data is secure on all mobile communication devices.

5. If the Contractor utilizes third-party support software, the Contractor shall ensure that
the software will not require the District support, will not compromise any data on the
District systems, and will not pose any security risk to the District.

M. The Contractor shall ensure that DCAS will not relay email directly through the Exchange
email servers. POP and IMAP access are not permitted.

N. The Contractor shall not use shareware, freeware, or open source software for any portion of
work on the DCAS network.

C.5.2.3.6 Security Breach

A. The Contractor shall continuously run a code scanning tool that runs static and dynamic scans
which are used to identify vulnerabilities that could lead to cybersecurity breaches or hacking.

B. The Contractor must comply with specified incident response processes for DCAS systems.

C. The Contractor shall follow documented responsibilities and procedures to respond to
information security incidents quickly, effectively, and in an orderly way. “Security Breach”
means any act or omission that compromises either the security, confidentiality or integrity of
the DCAS Information and DCAS System or the physical, technical, administrative or
organizational safeguards put in place that relate to the security, confidentiality, or integrity
of the DCAS.

D. The Contractor shall be responsible for supporting the District in resolving any and all security
breaches, including conducting an investigation, notifying consumers and others as required
by law or the relevant Security Standard.

E. The Contractor shall report any Security Breach through appropriate management channels as
quickly as possible. Any Security Breach involving or impacting DCAS must be reported to
the DCASPMA within twenty-four (24) hours from detection of compromise or agreed upon
timeframe.

F. The Contractor shall cooperate and support the District with investigations and/or Freedom of
Information Act requests involving DCAS systems. Contractor shall support the District with
responding to inquiries, claims, and complaints regarding the processi ng of DCAS
information, including, by making available all relevant records, logs, files, data reporting and
other materials required to comply with applicable law, regulation, industry standards, or as
otherwise reasonably requested by DCAS.

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G. The Contractor shall not inform any third party of any security breach, which affects DCAS,
without first obtaining the prior written consent of DCASPMA.

C.5.2.3.7 Access Controls

A. Access to resources, including DCAS System and data, must be regulated by using
information security access controls and authorization mechanisms commensurate with risk.

B. The Contractor’s solution shall provide application controls to prevent unauthorized use of
the system, maintain system process controls, and log all transactions (including eligibility
determinations). In addition, the Contractor’s solution shall provide security to limit
availability to application functionality, software screens, data records, data elements, and
data element values where appropriate.

C. The Contractor shall secure remote access to and from its systems by disabling remote
communications at the operating system level if no business need exists and/or tightly
controlling access through management approvals, robust controls, logging and monit oring
access events and subsequent audits.

D. The Contractor shall use a single sign -on application between system components such as
between the HCR and CGISS modules of IBM Cúram and Salesforce. DCAS currently uses
IAM for this, but Contractor can use similar software to accomplish this, if preferred. If a new
solution is proposed, it should be patched within six months of new software releases.

E. The Contractor shall limit access to the minimum necessary to perform the required function.

F. The Contractor shall maintain and enforce a password policy, which addresses password
length, composition, complexity, lockout, history, and expiration.

G. The Contractor shall have the ability to revoke access upon request for any DCAS user
including District employee, contractor, or third -party user, upon their termination of
employment contract or agreement, or adjust access upon a change of responsibility.

H. The Contractor shall define physical security zones and implement appropriate preventative
and detective controls in each zone to protect against the risks of physical penetration by
malicious or unauthorized people, damage from environmental contaminants, and electronic
penetration through active or passive electronic emissions.

C.5.2.3.8 Vulnerability Management and Patch Management

A. The Contractor shall conduct an initial vulnerability assessment of DCAS environment which
includes scans of DCAS systems.

B. The Contractor shall conduct periodic vulnerability scans to identify vulnerabilities. The
District’s current vulnerability scanning tool for static and dynamic scans is Veracode, but the
Contractor may use their tool of choice, as long as it at a minimum performs the functions of
Veracode.

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C. The Contractor shall have appropriate vulnerability management controls to identify and
mitigate deficiencies and weaknesses within their networks, systems, and software.

D. The Contractor shall prioritize remediation of identified vulnerabilities commensurate to their
risk and remediation schedule.

E. The Contractor shall work to remediate vulnerabilities by fixing code or opening problem
tickets with app/dev or triage team, as appropriate, to address the issue.

F. The Contractor shall conduct periodic penetration testing and remediate identified findings
commensurate to their risk and remediation schedule.

G. The Contractor shall provide a report of the latest penetration test and vulnerability
remediation progress.

H. The Contractor shall have a formal patch management schedule and controls to identify, test,
and implement all required industry patches.

I. The Contractor shall apply all industry patches, as soon as they are available (in accordance
with a patch schedule).

J. The Contractor shall implement all security patches, including those released to remediate
critical deficiencies (e.g., zero-day exploits), immediately.

K. The Contractor shall implement strict code review practices for its software development
lifecycle.

L. The Contractor shall review all software for security flaws and security flaws remediated prior
to release. Security flaws that cannot be remediated prior to release, must be made known to
DCAS and include a list of compensating controls mitigating the flaws and a remediation plan
to fix identified flaws.

M. The Contractor shall summarize and submit a report on vulnerability assessment of DCAS to
CMS quarterly in the form of Plan of Action and Milestones (POAM’s).

C.5.2.3.9 Business Continuity and Disaster Recovery

A. The Contractor shall have appropriate Business Continuity and Disaster Recovery plans that
do the following:

1. Prevent or mitigate business interruption and associated impact.
2. Address ongoing access to the DCAS, as well as security needs for backup sites and
alternative communication networks.
3. The Contractor must test the Business Continuity and Disaster Recovery capability
regularly.
4. The Contractor must counteract interruptions to business activities and protect critical
business processes from the effects of major information systems failures or disasters and
ensure their timely resumption.

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B. The Contractor shall work with OCTO to appropriately transition DCAS environments from
OCTO data centers and facilities in the event of a disaster or a production data center facility
issue.

C. The Contractor shall be required to document and practice the backup and recovery strategy
processes and procedures once per year.

D. The District shall validate the Contractor’s ability to recover the system within the established
performance standards set forth by the District.

E. The Contractor shall use the District’s tools for all backup and recovery needs.

C.5.2.3.10 Compliance

A. The Contractor shall adhere and comply with applicable law and contractual obligations (e.g.,
NIST). If Contractor unable to do so, it must notify DCAS immediately.

B. The Contractor shall ensure DCAS complies with all Internal Revenue Service and Social
Security Administration data and security requirements.

C. The Contractor shall ensure that DCAS’ compliance tracking tool, XACTA is up to date, and
can easily report on all documentation compliance.

D. The Contractor shall only use District -approved equipment to connect to the District’s
network. The Cisco VPN client software and licensing is provided by the District. The District
provides the VPN concentrator hardware at the District location for termi nating workstation
VPN Client connections.

E. The Contractor shall adhere to all HIP AA compliance standards as it relates to HIPAA
Protected Health Information. (HIPAA 164.314(b) (2) (iii).

1. The Contractor is, and will remain, responsible for securing Personal Health Information
in its care, custody, possession or control.
2. Contractor will comply with HIPAA, including all applicable privacy and security
standards.
3. Contractor must ensure that only authorized employees or contractors (as allowed by
statute) of the agency receiving information has access to PHI and ePHI. (HIP AA
164.314(b) (2) (iii).

F. The Contractor shall complete all security forms provided by the District for access to the
District systems, as required. The District has the right to revoke access to the network at any
time and without notice if the District determines that the Contractor is not in compliance with
this agreement. The District may restore access, at its discretion, if the District is satisfied that
the Contractor is in full compliance with this agreement.

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C.5.2.4 Data Research Analytics Management (DRAM)

DRAM oversees the collection, management, and storage of data across DCAS. This program
area is responsible for analyzing and deriving insights from data to inform DCAS strategy and
value. This area has three primary objectives: reports, data fixes, and data migration.

C.5.2.4.1 Reports

A. DCAS serves numerous Stakeholders across the District and as such, responsible for
providing analytical summaries of program and operations status in report form to business
clients. The reports may reflect system performance, operational performance, or b usiness
intelligence data. DCAS provides reports on an on -demand basis, as a recurring scheduled
reporting delivery, or as an ad-hoc request by a customer.

B. The Contractor shall maintain the current level of reporting requirements and produce a large
volume of complex reports.

C. The Contractor shall audit ongoing automated reports every six months for continued accuracy
and applicability and maintain a log to track these audits. Audits must review every field for
continued applicability, and ensure that proper report tags, naming , and expiration dates are
included.

D. The Contractor shall apply a naming convention to all reports that clearly describes subject
matter, date created, and expiration date.

E. The Contractor shall track reports requests and prioritize them with customers. No report
request shall exceed 30 days completion from the date of the initial request. The Contractor
shall create and maintain a catalogue of all reports – the Contractor’s reports team shall keep
a list of all reports and their purpose.

F. The Contractor shall set expiration dates on all reports and perform monthly clean ups.

G. The Contractor shall regular audit reports for freshness and set to be decommissioned or
revisited based on the data sensitivity and report usage.

H. In general terms, reports may contain summarized tables or data visualization. DCAS
currently uses Micro Strategy for reporting and data visualization and Informatica as an
extract, transform, load (ETL) tool. Informatica is the primary ETL tool, to perfor m data
extraction, data transformation or for data migration exercise.

C.5.2.4.2 Data Fixes

A. DCAS applies data fixes, as needed, such as change or update to database. Data fixes are
required often, for instance at least 5 data fixes are required for each bi -monthly release. A
roadmap will be provided to demonstrate the volume of work deployed in each DCAS release.

B. The Contractor must demonstrate how it will maintain the current volume of data fixes and
the ability to plan ahead to minimize the number of data fixes required for future releases.

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C.5.2.4.3 Data migration

A. Currently DCAS supports over 40 external agency interface points to push data from the
DCAS system.

B. The Contractor shall support all data migration efforts from DCAS system to external client
interfaces and manage all data connections.

C. A compiled summary of the deliverable can be in a simple report format or could contain
some form of data visualization to provide the customer with a deeper and broader insight.

C.5.2.5 Notices

DCAS is responsible for the successful generation and delivery of the notices generated with an
end goal of ensuring District residents receive timely and accurate notices regarding their
eligibility information.

C.5.2.5.1 Continuous Monitoring

A. The Contractor shall ensure timely implementation of ongoing notice updates resulting from
system, program, or policy changes initiated by stakeholders, utilizing both system-triggered
notices and the mail merge notice process. See Attachment J.15 for the sample process for
how DCAS oversee system generated and manual notices will be attached.

B. The Contractor shall conduct continuous operational monitoring of Notices in production,
performing thorough analysis and collaboratively addressing any identified issues. The
volume of notices generated in past year is included in the Service Level Agreements section.

C. The Contractor shall compile and analyze the schedule of notices mailings and regular audit
small sample to ensure this is happening. If it is not, they will investigate the cause and them
create a ticket for addressing by other teams.

D. The contractor shall verify in notice audits that the correct fields and languages are being used
for notice type, as well as triggers occurred appropriately.

E. The Contractor shall coordinate with external print vendor and reconcile print volumes.
F. The Contractor shall create reports of all notices sent monthly.

G. The Contractor shall ensure that all notices are translated into Spanish, Amharic, Chinese and
French through the use of a third-party contractor, provided by the District.

H. The Contractor shall create issue tickets for any required code changes needed for notices.

C.5.2.5.1 Mail Merge

A. The Contractor shall ensure the timely transfer of data files to the mail shop, so that they have
enough time to produce and mail the notices, and still meet federal, state, and local notification
regulations.

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B. The contractor shall audit notice batch processes and ensure what was meant to be in a batch
for mailing was actually in the batch, was sent to the mail shop, and mailed.

C. The Contractor shall produce manual mail merges where necessary when batch jobs fail.

D. The Contractor shall report weekly upon the success of the notice mailing, illustrating the
pass/fail rates of notices.

E. The Contractor shall report as needed on notice pass/fail rates to federal partners.

F. The Contractor shall work with HP Exstream to mail merge notices.

G. The Contractor shall track postage and provide a weekly burn down report of usage.

H. The Contractor shall audit notices yearly to ensure the notices are still in use, translated into
four languages, and the dynamics data is populating correctly.

C.5.2.6 Account Management

A. The Contractor shall carry out activities related to provisioning, deprovisioning, modifications,
maintenance and auditing of User Access Roles to DCAS managed environments per the
established DCAS and District guidelines.

B. The Contractor must ensure that the access requests are fully approved and conform to the
minimum requirements set by DCAS before being granted.

C. The Contractor shall handle all User Role related CSLs, including but not limited to, provisioning,
deprovisioning, role modifications, role maintenance such as password and security question
resets, and role auditing.

D. The Contractor shall maintain and update the DCAS User Role Matrix.

E. The Contractor shall create and maintain user provisioning guidelines and timely communicate
any changes in the process to all stakeholders.

F. The contractor shall work closely with the OCM team regarding mandatory user training
requirements, training completion and renewal schedule as a prerequisite for granting access.

G. The contractor shall work closely with partner agencies requiring access to DCAS. Establish
quarterly check-ins to evaluate the existing process and identify areas for improvement.

H. The contractor shall work closely with all DCAS teams to conduct performance reporting daily.

C.5.2.7 Triage

A. DCAS Triage process provides advanced technical troubleshooting and analysis via our Tier II
and first level Tier III support for DCAS users utilizing DCAS software applications. The main

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objective of the Triage process is to track all defects and ensure the correct resolution in a timely
manner. This is very high-level process for how tickets are handled. For informational purposes
below is a brief overview of DCAS’ current Triage process.

1. If an issue is new and/or members from the team cannot determine a solution, a defect ticket
(CSL) is raised to the Triage team Tier II group for initial review and assignment. Ticket
updated with information for tracking purposes.

2. If the ticket is valid and a quick fix, it will be completed and ticket will be updated and routed
back to ticket originator.

3. If the ticket is not valid, it will be updated with information and routed back to ticket
originator.

4. Valid tickets that require Tier III support will be escalated to the Application Development
Team.

B. The Contractor shall handle triage areas below:

1. Review and assignment of defect tickets
2. Assess the validity of the defect
3. Process for valid/invalid tickets
4. Retest process

C.5.2.8 Application Development

A. The contractor shall provide an expert Application Development Team to development and
implement the District’s complex programmatic requirements for Medicaid, SNAP, TANF, and
other local programs.

B. The Contractor shall practice rigorous, project management, change -control management,
requirements elicitation, validation and management, and testing during application-development
efforts to ensure the following:

1. Deployment of high-quality code that accurately meets the system requirements;
2. Successful releases without introduction of unexpected problems;
3. Minimal need for emergency/corrective maintenance; and
4. Minimal need to fix the same issue multiple times.

C. The Contractor shall be responsible for providing access to developed code, as well as
scheduling/providing code demonstrations to ensure compliance with defined requirements.

D. The Contractor must ensure all custom developed code shall include detailed in-line comments to
enhance maintainability.

E. The Contractor and DCAS agree that an application service request is not a defect but is an
enhancement worthy of implementation, the contractor shall respond within ten (10) business
days, containing the following:

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1. Statement of the scope of the enhancement;
2. Subsystems, functions, features, and capabilities to be changed;
3. Breakdown of the work effort by hour within each job classification and by milestone;
4. Implementation schedule for the service request and, if appropriate, revised schedules for all
other concurrently approved service requests affected by the current requests

F. An application service request shall be deemed successfully completed when:

1. The Contractor has received a completion signoff approved by DCASPMA
2. The maintenance activity or modification has been successfully tested and approved by
DCASPMA and has run in production for thirty (30) calendar days; and
3. All documentation has been drafted, approved by DCASPMA, and produced and distributed
in final form.

G. The Contractor may cancel an application service request with written approval from the District.

H. The Contractor shall complete all enhancements in no more than 6 months from original request,
prioritized within the scope management process through DCAS scope management office.
Requests can only exceed 6 months if it is illustrated that Contractor has attempted to work on
them, but DCASPMA has continued to favor higher priority enhancements. This should be
tracked within the DCAS ticketing system so that it is recorded that the item has been discussed
at multiple times and the reason for exceeding the 6-month timeframe.

C.5.2.9 Salesforce

A. Salesforce CRM enables customer service, routing of issues across and between teams and
agencies, reporting and dashboards, SLA measurement, and other analytics-based reports. Among
several mission critical DCAS functions, Salesforce enables documentation and resolution of
internal technical issues, benefit access issues, and reports to leadership and external agencies
(e.g. CMS and FNS).

B. The Contractor shall use Salesforce to provide timely and effective Customer Relationship
Management (CRM) for system development, enhancement, and maintenance.

C. The Contractor shall use Salesforce to provide business process support, analytics and reporting,
and internal traceability across all internal DCAS systems (Change Control Board).

D. The Contractor shall create custom coding for new modules in Salesforce.

C.5.3 Service Level Agreements

The Contractor shall ensure the following service levels for the ongoing operations of DCAS:

A. The contractor shall provide active monitoring and technical support for all DCAS system
24/hours, 7/days, 365 days per year for all production systems.

B. Application Development (see Attachment J.16)

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1. For DCAS enhancement releases, over a 6 -week development cycle, the contractor shall
deliver, at a minimum, 10 JIRA items. *

2. For DCAS code fix releases, over a 6 -week development cycle, the contractor shall
deliver, at a minimum, 20 JIRA items. *

3. The contractor shall average 800 CSL’s triaged per week based on current incoming CSL
volume. The DCAS team will work with the contractor to monitor and update this metric
based on CSL volume increases and / or decreases. *

4. The contractor shall execute, at a minimum, 400 test cases for any given release. The
DCAS team will work with the contractor to monitor and update this metric based on
release size and scope. *

* DCAS leadership reserves the right to make exceptions to these expectations based on code
complexity, criticality of content included and timing of parallel activities.

C.5.3.1 Liquidated Damages

It is agreed by the District and Contractor that:
a) If the Contractor does not provide or perform the requirements referred to or listed in Contract
Section C.5.3, damage(s) to the District will result.
b) Proving such damage(s) will be costly, difficult, and time consuming.

c) The damage figures listed below in Contract Section C.5.3.1.4 represent a good faith effort to
quantify the range of harm that could reasonably be anticipated at the time of the making of the
Contract and such liquidated damages are not considered a penalty.

d) Nothing in this provision shall be construed as relieving the Contractor from performing all Contract
requirements whether listed herein or not, nor is the District’s right to enforce or to seek other remedies
for failure to perform under any other Contract duty hereby diminished.

e) Remedies of the District specified in this section or elsewhere in the Contract for breach or failure of
performance by the Contractor shall in no way limit any other remedies available to the District under
the Contract; under any statute or regulation; or at law or in equity. All rights, powers and remedies
shall be cumulative and concurrent. Any failure of District to exercise a remedy shall not be a waiver of
any breach or non-performance by the Contractor nor shall it prevent District from later exercising that
or any other remedy.

f) The Contract will be used by District to monitor Contractor performance and will provide the basis
for determining liquidated damages.

C.5.3.1.1 Liquidated Damages Assessment: Collections, Withholds
a) Once District has determined that liquidated damages are to be assessed, District will notify the
Contractor of the assessment (or assessments). At District discretion, the assessment notice may direct
payment of the assessment by the Contractor. If payment is thus directed, the Contractor shall pay the
assessment within thirty (30) calendar days of receipt of the assessment notice unless directed otherwise

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by the District. If District determines that any damage was caused in part by District or another
Contractor, District may reduce damage assessment against the Contractor proportionately.

b) Any liquidated damages assessment may also be collected, at District’s discretion, by withholding
the funds from any payment (or payments) due the Contractor after the date of assessment.

C.5.3.1.2 Conditions for Termination of Liquidated Damages

As determined appropriate by the District, the following are the conditions under which the Contractor
may obtain relief from the continued assessment of liquidated damages which have been imposed.
a) Except as waived by the District, no liquidated damages imposed on the Contractor shall be
terminated or suspended until the Contractor issues a written notice of correction to the District, as
acceptable in the sole discretion of the District, verifying the correction of condition(s) for which
liquidated damages were imposed.

b) The necessary level of documentation to verify corrections will be determined by the
District; the District is the sole judge of the accuracy of any such documentation provided.

c) The Contractor shall certify that each SLA breach is corrected.

C.5.3.1.3 Severability of Individual Liquidated Damages Clauses

If any portion of any provision on liquidated damages in the Contract, including as set forth in this
Contract incorporated into it, is determined to be unenforceable in one or more of its applications, the
remaining portion remains in effect in all applications not determined to be invalid that are severable
from the invalid applications. If any portion of this liquidated damages provision is determined to be
unenforceable in total, the other portions shall remain in full force and effect.

C.5.3.1.4 Assessment of Liquidated Damages

District will not pay 100% of the contracted amount due to the Contractor in a month if SLA measures
achieved for the month are less than the percentages specified in the Contract Section C.5.3. For months
in which SLA measures are not met, the contracted payment for the month will be deducted in the
percentages specified in the table below. The percentage deductions correspond to the specific SLA
ranges achieved by the Contactor for the various requirements.

Component Description SLA Measurement Liquidated Damages
Deduction
Application
Development
(C.5.3.B.1)
DCAS Enhancement
Releases
<90% If contractor provides
less than 90% of the
targeted JIRA items, 1%
will be deducted from the
monthly invoice
Application
Development
(C.5.3.B.2)
DCAS Code Fix
Releases
<90% If contractor provides
less than 90% of the
targeted JIRA items, 1%
will be deducted from the
monthly invoice

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Component Description SLA Measurement Liquidated Damages
Deduction
Triage
(C.5.3.B.3)
CSL Resolution <90% If contractor resolves less
than 90% of the required
CSLs, 1% will be
deducted from the
monthly invoice
Testing
(C.5.3.B.4)
Test Case Execution <90% If contractor fails to
execute less than 90% of
the required test cases,
1% will be deducted
from the monthly invoice
Outage Due to
Contractor
(C.5.3.A)
If any part of the DCAS
platform is out of
service / not available to
caseworkers or the
public
Outages greater than
2 hours of operation
during a single
workday
If there is a DCAS
outage, liquidated
damages will be assessed
as follows:

More than 2 but less than
5 hours in any workday,
1% will be deducted
from the monthly
invoice.

More than 5 hours in any
workday, 2% will be
deducted from the
monthly invoice.

If more than one total
workday, there will be no
payment for the
workdays impacted by
the outage.

Disruption of
Data due to
Outage due to
Contractor
(C.5.3.A)
Data must be available
at all times.
Data not available for
more than 24 hours
If availability of data is
disrupted for more than
24 hours 0.5% of the
monthly invoice will be
deducted

C.5.4 Program Management

The Contractor shall document organization, roles and responsibilities, resources, processes, and
other pertinent management information.

C.5.4.1 Program Organization

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A. The Contractor shall establish a Project Management Office (PMO) to oversee and manage the
Contractor’s O&M activities. This PMO shall work directly with the District’s PMO to establish
and maintain project management standards, processes, and best practices, ensuring all DCAS
functions are executed efficiently and effectively. The PMO shall also enable optimal utilization
of resources to support the District in achieving its strategic objectives.

B. The Contractor shall determine and recommend the most appropriate project management
methodology for the services required herein and shall adhere to the associated guidelines, rules,
characteristics, and standards for said methodology as defined by the pertinent governing body
(e.g., Project Management Institute (PMI) www.pmi.org, SCRUM Alliance, etc.) throughout the
entire life cycle of the engagement.

C. The Contractor shall provide the District with a Project Management Plan that outlines how they
plan to complete the following responsibilities:

1. Establish a governance framework with a structured approach to govern activities and ensure:

a. Work is appropriately prioritized and aligned with the short- and long-term goals of the
District.
b. The right people have access to the right information to make the right decisions.
c. Projects (work products) are staying within the planned time and budget.
d. Enterprise resources are utilized in the most efficient manner.
e. There are ongoing risk assessments and mitigation across all projects.

2. Provide management reports to ensure that the District makes informed and timely decisions for
the success of the DCASPMA. management reporting should include:

a. Overall progress and health of DCAS O&M functional areas.
b. Status of milestones and deliverables across the portfolio
c. Financial information about the budget, forecast, actuals, margins, etc.
d. Project risks and progress on mitigating these risks.
e. Operational efficiency and project performance.
f. Effective management and utilization of enterprise resources.

3. Prioritize projects as per the District’s strategic business objectives to ensure short- and long-
term initiatives are met including:

a. Ensure that the programs and portfolios are aligned with operational and strategic
objectives.
b. Projects are selected and prioritized as per these business goals.
c. Resources are allocated and utilized as per business goals.
d. Design and track various program and portfolio performance KPIs.

4. Plan and schedule resource efficiently ensures that the right resources are allocated to the right
project at the right time. The Contractor shall demonstrate how it plans to:

a. Eliminate silos of spreadsheets with a single resource plan.
b. Create visibility of resource capacity, competency, and availability for all stakeholders.

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c. Establish a real-time resource scheduling to accommodate the fast-changing ground
reality.
d. Track all types of work, i.e., project work, non-project work, vacation, etc.
e. Establish multi-dimensional viewing and overcome the challenges of a matrix structure.

5. Forecast and enable resource capacity planning so the District may get real-time foresight into
project resourcing. Including:

a. Forecast capacity vs. demand to identify shortfall or excesses of the resources.
b. Forecast people on the bench and project vacancies to minimize resource wastage.
c. Forecast resource management financials to determine the margin and profitability.

6. Streamline and automate processes and workflows to achieve continual process and
performance improvements. The Contractor shall:

a. Establish project requesting, selection, and prioritization process.
b. Streamline workflow for resource requisition and allocation.
c. Gathering up-to-date information about employee skills, interests, experience.
d. Forecast and provide early warning before it is late.

7. The Contractor’s PMO shall enable team efficiency by facilitating knowledge transfers
between departmental project teams to save time and costs that would have otherwise gone into
rework. Rather than reinventing the wheel, project teams can not only shorten their learning
curve but can also get more work off the ground from the organizational knowledge being
shared.

8. The Project Management Plan shall be provided to the District within 30 days of project start.
The Contractor shall propose how often to provide project plan and project status updates.

C.5.4.2 Management and Technical Reporting and Reviews

The Contractor shall conduct management and technical reviews and provide management and
technical reports to the District.

A. Operational Documents - Overall all operations documents should at minimum contain:

1. An overview of the system, including:
a. A narrative of the entire system;
b. A description and flow charts showing the flow of major processes in the system;
and
c. The Contractor shall ensure the naming convention it uses in the overview
corresponds to the naming convention used in component documentation (all
components must be referenced, and documentation shall be consistent from the
overview to the specific component and between components).

B. Technical Design Documents (TDD)

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1. The Contractor shall be responsible for providing to the District complete, accurate, and
timely documentation of the systems solution delivered for each release, including
hardware, software, and data. At a minimum, this documentation shall include:

a. The signature of an interface, including all data types/structures required (input
data types, output data types, exceptions)
b. Detailed class models that include all methods, attributes, dependencies, and
associations
c. The specified algorithms that a component employs and how they work
d. Physical data models that include attributes and types of each entity/data type
e. Testing scenarios and results; and
f. District Sign-Off

2. The Contractor shall also update existing TDDs with:
a. Changes to infrastructure resulting from any system changes made;
b. Changes to data flow documentation resulting from any system changes made;
c. Changes to security documentation resulting from any system changes made;
d. Changes to code base documentation resulting from any system changes made;
e. Scope and reason for change;
f. Testing scenarios and results; and
g. District Sign-Off

3. The technical design must adequately describe how the functionality is to be
implemented in code. The TDD must be approved by the District before proceeding to
the development/integration phase.

C. RESERVED

D. Change Management

1. The Contractor shall provide the District with a Change Management approach that
demonstrates how it plans to control the lifecycle of all changes, enabling beneficial
changes to be made with minimum disruption to DCAS programs.

2. The objectives of the Change Management process are to:

a. Respond to the customer’s changing business requirements while maximizing
value and reducing incidents, disruption and re-work;
b. Respond to the business requests for change that will align the services with the
business needs;
c. Ensure that changes are recorded and evaluated, and that authorized changes are
prioritized, planned, tested, implemented, documented and reviewed in a
controlled manner;
d. Ensure that changes to configuration items are recorded in the Configuration
Management System;
e. Optimize overall business risk;
f. Ensure stakeholders receive appropriate and timely communication about change
so that they are aware and ready to adopt and support the change.

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3. The Contractor’s PMO and technical experts shall identify and present any
improvements, enhancements and changes being made to the appropriate change
management and advisory boards and shall receive approval via designated approval
process designed through scope management team from the authorized or appropriate
entity prior to implementation.

E. Communications

1. The District places a high value and strong emphasis on timely, useful, and effective
communications. The Contractor shall provide and facilitate effective communication
within the DCASPMA and District partners.

2. The Contractor’s shall implement structured, efficient communication protocols and
methods to ensure that all project sponsors and partners are informed of project
decisions, issues, risks, and statuses and that responsibility for dependencies,
instructions, and touchpoints are understood by all parties. The Contractor’s
communication protocol shall be organized to provide sufficient information for
transitioning new government and contractor staff.

3. The communication approach should include how the Contractor will support the
District when communicating to the public, press releases, and to support the
development of materials and presentations to the City Council, Office of the Mayor,
and other similar entities.

4. As part of the effective and open communication approach, the Contractor shall provide
its strategy for communicating and working collaboratively with its Sub-contractor(s) to
meet the project objectives.

5. The District is open to communication tools the Contractor will utilize to facilitate
effective coordination and communication. The District uses a variety of tools such as
Salesforce, JIRA, and SharePoint.

5. The Contractor shall attend and participate in required meetings as necessary.

C.5.5 Maintenance Services

C.5.5.1 Technology Refresh and Enhancements

A. The Contractor shall identify the methodologies and tools it will use in testing of system
modifications and all enhancements and upgrades.

B. The Contractor shall design and execute a capacity simulation and benchmark test prior to
implementation and subsequent to any major releases and upgrades.

C. The Contractor shall conduct a complete functional test of all system modifications to ensure
successful deployments before all modifications, enhancements, and upgrades are approved by
the District.

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D. The Contractor shall create test cases for all system changes and/or upgrades and verify with the
District to ensure that adequate test cases and test scripts are developed.

E. Performing hardware tests to include but not be limited to load balancers, fail -over systems and
any changes, upgrades to hardware, or patches applied.

C.5.5.2 Software Updates

A. The Contractor shall ensure that all software is no more than 6 months behind the most current
version.

B. The Contractor shall ensure that all software has active vendor support contracts.

C. The Contractor shall be responsible for monitoring and implementing proper execution of batch
jobs which run overnight, sometimes taking many hours to run, and sometimes requiring
intervention to rerun.

D. The Contractor shall be responsible for evaluating all batch jobs to ensure they are running as
efficiently as possible upon start of the contract, and every 6 months thereafter.

E. The Contractor shall ensure that hardware and software is upgradeable and expandable with
regular maintenance to ensure optimum performance.

F. The Contractor shall perform impact studies prior to the any upgrades of system and third -party
software.

C.5.5.3 System Environments

A. The Contractor shall ensure that the system maintains a 99.9100% uptime guarantee, excluding
scheduled maintenance and downtime that has been agreed to by the District. The Contractor shall
perform scheduled maintenance and downtime during off hours that fall outside of the production
timeframe of 6:00 am to 6:00 pm, Eastern Time Monday - Friday.

B. The Contractor shall ensure that all environments have a maintenance plan in place that the
Contractor adheres to, to include testing, pre -production, production, any other DCAS
environments used for solution.

C.5.5.4 Scheduled Downtime and Preventive Maintenance

A. The Contractor shall immediately notify the District of any unscheduled downtime. Any
unscheduled downtime shall also be documented and explained in writing according to the
District’s requirements. This includes downtime for hot patches or data fixes.

B. The Contractor shall provide regular and periodic maintenance to DCAS on a schedule agreed
upon by the District; and

C. The Contractor shall provide guidance to the District regarding regular and periodic maintenance
and upgrades to data center hardware and operating system software.

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C.5.5.5 Response Time Monitoring

A. The Contractor shall monitor and track uptime, response times, and all other elements for all
system components. The Contractor must provide a monthly unscheduled downtime report to the
District.

B. The Contractor shall notify the District within 15 minutes of when the Contractor discovers an
outage(s) to District system(s) for which the Contractor has access.

C. The Contractor shall measure response times by using a testing tool and best practices. The
Contractor’s system must mark input and output times and localized processing.

D. Except for processes specified by the Contractor, the online response time from the time an
internal user enters or transmits data to the time the user receives the appropriate response (e.g.,
a screen refresh), must be under five (5) seconds, excluding network time. Non -operational
complex queries are not included in this metric.

E. The Contractor shall complete localized transaction processing against operational data in less
than five (5) seconds, excluding network time. The response time will be measured using a District
approved testing tool and best practices. (Non -operational complex queries are not included in
this metric.)

F. The contractor shall be responsible for providing access to developed code, as well as
scheduling/providing code demonstrations to ensure compliance with defined requirements.

C.5.5.6 Logs

A. The Contractor shall log all transactions and activities necessary to continually evaluate and
monitor the DCAS Performance.

B. The Contractor shall supply quality assurance and audits to ensure that logs are complete and
accurate.

C.5.5.7 Concurrent and Total Users

The Contractor shall maintain the system components to support, at a minimum, 2,500 internal concurrent
users accessing the system via Local Area Network (LAN) and up to 50,000 concurrent external Wide
Area Network (WAN) users under normal operations.

C.5.5.8 Volume Analysis

The Contractor shall analyze current system volumes at least quarterly and ensure the DCAS
accommodates business transaction levels based upon its analysis.

The Contractor shall ensure DCAS, including its programs, database, hardware systems, and software
systems retains its initial performance levels when the Contractor adds additional internal and external
users, functions, and data.

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C.5.5.9 Transaction Volumes

A. The Contractor shall ensure DCAS is configured to accommodate a ten percent (10%) annual
growth in the volume of transactions processed. The Contractor must architect the system
hardware to accommodate a ten percent (10%) annual growth during the life of the contract.

B. For system transaction volumes, the Contractor shall configure the system to provide for peak
processing.

C. For Internet transaction volumes, the Contractor shall ensure that the system supports 20,000
transactions per hour.

D. The Contractor shall ensure that the system prioritizes real-time transactions over background and
batch transactions within system workload management when both background -initiated
transactions and online transactions are executed concurrently.

E. The Contractor shall conduct a stress -test quarterly on the system using production transaction
volumes and shall prepare and submit a stress-test report demonstrating the results of the test. The
Contractor’s acceptance testing process must allow the Dist rict to verify the Contractor’s
performance claims prior to the Contractor’s implementation of system components.

C.5.5.10 Performance Testing & Tuning

A. The Contractor shall conduct onsite performance testing and system tuning for the fully
configured and tested software at a preliminary point sufficiently in advance of implementation
dates to allow reasonable tuning.

B. The Contractor shall coordinate the onsite performance testing and system tuning tasks because
the Contractor will have to perform them with District system programmers, database
administrators, application development personnel, and technical support personnel. The District
recognizes that performance testing and tuning activities may be necessary at several stages in the
process. For example, tuning could take place after the software installation, prior to production
migrations and during initial and post implementation operations.

C. It may be necessary for the Contractor to make modifications to the application software to meet
the District’s unique requirements. If the Contractor makes modifications to the application
software to meet the District’s unique requirements, the Contracto r shall review and adjust the
infrastructure to ensure acceptable performance.

D. The Contractor shall perform up to 600 tests per release. The number of tests will be dictated by
the degree of complexity of the release. Schedule to do this will be negotiated as part of scope
management to ensure all tests can be performed as recommended by the Contractor to verify the
coding tests appropriately to go to production.

C.5.5.11 On-Call Support

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A. The Contractor shall provide on-call production support 24 hours a day x 7 days week, 365 days
a year, including on -call support of the DCAS batch job schedule, outside of normal working
hours. On call support for an upgrade shall include representation o f any team members whose
expertise is needed for that upgrade. On call support during non -planned upgrade windows will
include a representative from security and one from infrastructure.

B. The Contractor shall designate two (2) staff members as primary contacts and two (2) staff
members as alternate contacts for off -hours (6pm – 8am) nights and weekends, on -call support.
On call support employees shall be able to triage any issues that may arise, either themselves, or
by contacting the appropriate person.

C. The Contractor shall create an on -call notification contact list that contains its staff members’
contact information and provide a copy of that list to the District.

D. The Contractor’s on-call personnel shall be required to respond within 15 minutes of receiving a
production support call. If the primary contact cannot be reached, the District will call the
alternate contacts in the order listed in the on-call notification contact list.

E. The Contractor shall be responsible for creating corrective action plans for maintenance support
for review and approval by the District.

C.5.5.12 Annual Adjustments

A. The Contractor shall execute bulk reassessments/mass case adjustments for the annual Social
Security Benefit Cost of Living Allowances (COLA) the Federal Poverty Level Adjustments, and
other annualized adjustments required by federal policy . This requires the Contractor to ensure
DCAS provides for an adjustment of all impacted cases by generating notices and reports in an
automated fashion, without any action by eligibility staff. The Contractor shall only conduct mass
updates during off hours, generally over a weekend, to minimize the impact to users.

B. The Contractor shall is re-determined individuals’ eligibility using the Social Security COLA
updated amounts, which include changes to individuals’ Social Security Retirement and Disability
income, Veterans Administration payments, Railroad Retirement, Medicare premium, and
Supplemental Security Income amounts that occur on an annual basis.

C. The Contractor shall make updates annually based on the Federal Poverty Level (FPL)
adjustments which usually occur early in March to take effect April 1st.

D. The Contractor shall make updates annually based on the Social Security adjustments which
usually occur early in the month of December to change benefit levels for new Social
Security/Supplemental Security Income (SSI) beneficiaries to be effective January 1st. Cases with
existing Social Security/SSI benefits are updated by the contractor with the new income amounts
but the benefit adjustment is deferred in the system until March to take effect April 1st.

E. The Contractor shall implement DCAS system Federal Poverty Level (FPL) changes every year
as outlined by Federal guidelines and schedule.

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F. In addition to the bulk reassessment, the Contractor must modify DCAS to ensure DCAS uses the
updated FPL amounts and the appropriate thresholds based on the months for which eligibility is
being determined.

G. The Contractor shall revise and update the Children’s Health Insurance Program (CHIP) premium
amounts within DCAS, which are also based on percentages of the FPL. The updated premium
amounts are typically changed to affect July invoices.

H. The Contractor shall provide information for District and federal audits, performing research and
analysis, when needed, and making changes, as requested by the District, to remediate audit
findings. The Contractor can anticipate that there will be one such request weekly, at a minimum.

I. The Contractor shall be responsible for performing the following tasks and will need to coordinate
with the functional team business analysts working on the DCAS project to ensure the application
meets the District’s performance requirements. The areas in clude, but are not limited to, the
following:

1. Capacity management;
2. Performance management;
3. System monitoring;
4. Service desk, incident, and problem management;
5. Identity and access management (IAM);
6. Security;
7. Change and release management;
8. Configuration management;
9. Disaster recovery;
10. Defect resolution;
11. Status reporting;
12. System and application patching; and
13. System and application upgrades

C.5.6 Configuration Management

A. Single Source/Consolidation

1. The Contractor shall manage various project records together in one place to simplify
management and maintenance. The Contractor shall ensure that:

a. The project records are available and updated on electronic media (when requested); and
b. Includes system and component narratives which are understandable by non -technical
personnel.

B. Support Changes to Source Code

The Contractor shall use configuration management to allow easy access the source code to make
timely changes, maximize visibility and enable changes in a well-orchestrated manner.

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C. Keeping Records of Changes

1. The Contractor shall ensure a comprehensive record of all changes made over time, the reasons
why they were made, and the impact on performance.

2. The Contractor shall ensure that storage has document retention policies that are implemented and
audited at least yearly.

D. Measuring integrity and improvements

1. The Contractor shall establish a baseline of performance that the software must adhere to across
its shelf life. As changes are made, the Contractor and District must be able to measure how it
improves performance and provides the user with a better experience over time.

2. The Contractor shall ensure that all changes are available and updated on electronic media (when
requested);

E. Maintaining Application Versions

1. The Contractor shall establish a framework to handle multiple versions of the same software using
different configurations. The Contractor and District are able to reconcile configuration changes,
working between releases, and rolling out multiple changes in parallel.

2. The contractor shall ensure all custom developed code shall include detailed in-line comments to
enhance maintainability.

C.5.6.1 Records

A. The Contractor shall adhere to the District, Federal, and State guidelines and policies for retaining
system records and files. Contractor shall request a decision from DCAS in any cases where the
three do not match.

B. The Contractor must maintain financial and accounting records and evidence pertaining to the
contract in accordance with generally accepted accounting principles and other procedures that
may be specified by the District.

C. The Contractor shall make all such records, books, and other documents relevant to the contract
available to the District and its designees in a format acceptable to the District, at all reasonable
times during the term of the contract.

D. Unless the District specifies a shorter period in writing, the Contractor shall preserve and make
available with no limitation all books, documents, papers, and records of the Contractor involving
transactions related to this contract for a period of seven (7) years from the date of expiration or
termination of the contract. This applies to the Freedom of Information Act (FOIA) law, in which
any correspondence made on behalf of DCAS is applicable to any FOIA requests.

E. The Contractor shall ensure records and supporting documentation under audit or involved in
litigation are reviewed, accepted, and transferred to the District within sixty (60) days following

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the conclusion of the litigation or audit. During the contract period, the Contractor shall provide
access to these items through a vehicle specified by the District. During the post-contract period,
the Contractor shall provide delivery and access to these items at no cost to the District.

F. The Contractor shall retain all such records according to the federal and District mandated
retention period. If any litigation, claim, negotiation, audit, investigation, or other actions
involving the records has been started before the expiration of the retention period, the Contractor
shall retain such records until completion of such action and resolution of all issues that arise from
it.

G. The Contractor shall permit the District, governmental auditors and authorized representatives of
the District to audit or examine, copy, or investigate any of the contractor’s records, procedures,
books, documents, papers, and records recording receipts and disbursements of any of the funds
paid to the Contractor.

H. The Contractor’s failure to retain adequate documentation for any service billed may result in
District recovery of payments for services not adequately documented. The District will not pay
any audit exception noted by governmental auditors and shall be the sole responsibility of the
Contractor.

C.5.7 Disaster Recovery

A. The Contractor shall maintain and update the DCAS Disaster Recovery Plan as needed.

B. The Contractor shall maintain the list of hardware and software required to support the disaster
recovery design at the District Data Center’s alternate site.

C. In the event of a disaster, the Contractor shall work to have DCAS recovered and operational at
OCTO’s alternate disaster recovery site within 24 hours after DCAS-dependent services are made
available by the entities responsible for those services.

D. The Contractor shall perform all services required to participate in the District’s annual disaster
recovery exercise and recover the DCAS application.

C.5.8 Key Personnel

A. The experience and skills of the key personnel employed by the Contractor are critical. The
Contractor’s key personnel at a minimum shall possess the following:

The District considers the following positions to be key personnel for this contract can be met by either
the contractor or a proposed Sub-contractor.

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Position Qualifications
PMO Manager • Minimum of ten (10) years of project management and
account management experience for a government or
private sector project of similar size and complexity.
• Minimum of three (3) referenced projects of similar size
and complexity
• Shall be a certified Project Management Professional
with the Project Management Institute (PMI) or have a
comparable project management certification.
• Health and/or human services implementation
experience preferred.
PMO Lead • Minimum five (5) years of project management
operations experience for a government or private sector
project of similar size and complexity.
• Health and/or human services implementation
experience preferred.
Technical Architecture Lead • Minimum of five (5) years of web-based, solution
design, development, implementation, and governance
life cycle experience.
• Minimum of two (2) referenced projects of similar size
and scope in which this role was performed.
• Demonstrated experience with the proposed solution to
design and develop DCAS.
• Health and/or human services implementation
experience preferred.
Application
Development Lead
• Minimum of five (5) years of web-based, application
design, development, and implementation experience for
a project of similar size and complexity.
• Demonstrated experience with the proposed solution to
design and develop DCAS.
• Health and/or human services implementation
experience preferred.
Test Lead • Must have at least three (3) years of experience
coordinating, conducting and operating functional,
system, acceptance and performance tests.
• Minimum of two (2) referenced, web-based projects of
similar size and scope in which this role was performed.
• Health care industry or health and human services
implementation experience (including case management
and high transactional environment) preferred.

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Position Qualifications
Data Conversion Lead • At least three (3) years of experience with the
conversion effort on a large-scale human services
system implementation project.
• Minimum of one (1) referenced data conversion project
of similar size and scope in which this role was
performed.
• Health care industry or health and human services
implementation experience (including case management
and high transactional environment) preferred.
Deployment Lead • Minimum of five (5) years of implementation
management experience for a government or private
sector project of similar size and complexity.
• Health care industry or health and human services
implementation experience (including case management
and high transactional environment) preferred.

A. The Contractor shall identify dedicated and forward-looking individuals who possess both a deep
and a broad understanding of Medicaid and human service programs. The Contractor shall also
understand the vision for DCAS, and the technologies used to build and operate it.

B. The Contractor shall provide information in enough detail to demonstrate a proposed candidate
meets each of the required qualifications and has sufficient prior work experience in performing
projects that are similar in complexity and scope to this contract.
C. The Contractor’s personnel and its immediate staff shall provide the services to meet requirements
and to perform the functions specified.

D. The Contractor shall ensure all contract management personnel outlined as required at the start
by the District or identified by the contractor shall be employed by or committed to join the
contractor or Sub -contractor’s organization by the beginning of co ntract award, 30 days after
contract execution.
E. The District shall have the right to require the contractor or Sub -contractor(s) to remove any
individual (key personnel or otherwise) from assignment to this project for failure to perform their
daily functions, either immediately or up to 15 days, at DCAS’ discretion.

F. The Contractor shall provide a detailed job description for each position to be performed as part
of this Contract for review and approval by the District, applicable only to those descriptions that
are different than what DCAS has already generated.

G. The Contractor is responsible for providing staffing at levels to meet all SLAs and deliverables.

H. The Contractor shall have at least one full time employee on site at the DCAS location to assist
with the daily contract administration.

I. The Contractor shall provide the District with a personnel and sub-contractor plan to at minimum
address the following areas.

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J. The Contractor may only subcontract to one degree but can use multiple Sub -contractors. This
means that there must not be more than one layer between a Sub -contractor employee and the
Contractor.

K. The Contractor can bill the District, but the Contractor’s subcontractors cannot submit any billing
directly to the District for this contract.

L. The Contractor shall handle all staffing issues are to be handled between itself and its Sub -
contractors, unless the issues are disciplinary in nature, which shall follow the processes outlined
in the sections below.

C.5.8.1 Personnel Performance

A. Upon receiving written notification from the District of Contractor personnel performance-related
issues, the Contractor shall either immediately cure any performance -related issues by such
personnel, including possible misconduct, or provide prompt replac ement of applicable
Contractor’s personnel providing services under the contract, pursuant to the substitution of
personnel requirements herein. However, if required by the District due to the severity of the
circumstance, the Contractor must provide prompt replacement of applicable personnel members
without being given an opportunity to cure personnel misconduct.

B. The Contractor shall provide sufficient staff devoted to delivering the requirements outlined in
this contract. The Contractor shall ensure that its staff responds to the CA requests for documents
and information. The Contractor’s staff shall respond to the CA’s questions and requests in a
timely and efficient manner.

C.5.8.2 Substitution of Personnel

C. The Contractor agrees and understands that the District's agreement to the contract is predicated
in part on the utilization of the specific key individual(s) and/or personnel qualifications identified
herein or identified during the onboarding process at the beginning of the contract.

D. Once the Contractor’s personnel are approved by the District and meet contract requirements, the
Contractor shall make reasonable efforts to hold personnel changes to a minimum. If the
Contractor makes personnel substitutions, the Contractor must assume responsibility to fully train
the personnel substitute(s) on all aspects of the project, including business and technical
requirements, such that the personnel substitute has a reasonable understanding of the project
prior to beginning work.

E. The Contractor shall provide at least a 30 day advance notification to the District in the event the
Contractor must make a substitution of personnel, except under Special Circumstances.

F. The District shall have the right to accept the proposed substitute candidate or request additional
resumes of other available personnel. The District shall reserve the right to use reasonable
discretion to accept or reject any substitute personnel offered by the contractor. Such approval of
substitution requests will not be unreasonably withheld by the District.

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G. The Contractor shall make no substitution of key individual(s), roles and/or personnel
qualifications without the prior written approval of the District, except in circumstances such as
death, disability, illness, grave personal circumstances, unscheduled military service
deployments, resignation, termination, or other severance of association (“Special
Circumstances”).

H. Any substitution of key individual(s), roles and/or personnel qualifications identified in the
proposal must be with individual(s) of equal or better qualifications than originally proposed by
the Contractor.

I. The Contractor shall provide resumes for all personnel the Contractor proposes to assign to the
project if different from personnel the Contractor originally proposed. The District reserves the
right to interview any key personnel replacements prior to accepting or rejecting the proposed
replacement(s) at the District’s sole discretion.

J. The Contractor must ensure that all personnel are solely dedicated to providing the services
required herein. The District shall provide the Contractor with advance notice of any planned
actions that may cause a significant increase in the volume of services required. The Contractor
shall not temporarily remove resources from this contract to work on other projects or proposals
that would benefit solely the Contractor without documenting to the District how work on this
contract will be unaffected by this removal.

K. The Contractor shall sufficiently staff the contract at all times, such that staff taking vacation or
leave causes zero disruption to workflow or schedules.

L. The Contractor shall be fully cooperative to train the District resources in the duties of the
Contractor’s staff at any time.

C.5.9 Knowledge Transfer (KT)

A. As requested, or approximately five (5) months prior to the end of the contract or any extension
thereof, the Contractor shall begin training the staff of the District or its designated agent in the
operation of DCAS. The Contractor shall complete any such training at least three (3) months
prior to the end of the contract or any extension thereof.

B. The Contractor shall detail a KT plan that includes its approach to training and turning over system
documentation to the District (at no additional cost to the District).

C. The transfer shall include:
1. Copy of DCAS materials, including:
2. Data structures to support DCAS initiatives;
3. Details on source or target systems including database type, system owners, and contact
information for technical support (i.e., if data feed fails).
4. Data transfer format (e.g., file format or insert query SQL).
5. Details on data transfer mechanism, such as the schedule, relevant usernames/passwords, IP
addresses, and ftp sites.
6. Details on all scripts (i.e., code/SQL/environment/server login information/path).
7. Documentation on all login information used to access all servers, databases, and interfaces.

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8. Documentation on all instances of all system environments (production, development, test,
production) and documentation of all backup procedures.
9. Documentation on all contact information for external support resources (i.e., OCTO).
10. Detailed documentation for all operational policies and procedures and documentation of the
support timeline throughout the year.
11. Order of execution of all steps in detail, including any standard preparatory tasks such as
backups or data verification;
12. Details on all scripts/commands executed via server command line, including explanation of
all parameters;
13. Details on all commands or actions entered through DCAS front end and an explanation of
why;
14. Details on all scripts used, including source code files;
15. Details on any commands entered via database interface;
16. Documentation of all system customizations in the front -end interface and backend data
model; and
17. Documentation and submission of a calendar of regular changes that are required to
appropriately deliver benefits that include, but are not limited to, FPL changes, and annual
sanctions.

D. As requested, or approximately four (4) months prior to the end of the contract or any extension
thereof, the Contractor shall provide updates for all reference files, programs, and other
documentation as shall be required by the District or its agent to run acceptance tests.

E. The Contractor shall arrange for the return of DCAS hardware and software.

F. Prior to turnover of operations, the Contractor shall provide the District with a turnover results
report that will document completion and results of each step of the transition plan. The
Contractor shall update this report weekly during turnover.

SECTION D: PACKAGING AND MARKING

D.1 The packaging and marking requirements for this contract shall be governed by clause number
(2), Shipping Instructions-Consignment, of the Government of the District of Columbia's

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Standard Contract Provisions for use with Supplies and Services Contracts, dated July 2010.
(Attachment J.1)

SECTION E: INSPECTION AND ACCEPTANCE

E.1 The inspection and acceptance requirements for this contract shall be governed by clause
number clause number six (6), Inspection of Services of the Government of the District of

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Columbia's Standard Contract Provisions for use with Supplies and Services Contracts, dated
July 2010. (Attachment J.1)

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SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT

The term of the contract shall be for a period of one (1) year from date of award specified on
the cover page of this contract.

F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT

F.2.1 The District may extend the term of this contract for a period of four (4) one-year option
periods, or successive fractions thereof, by written notice to the contractor before the expiration
of the contract; provided that the District will give the contractor preliminary written notice of
its intent to extend at least thirty (30) days before the contract expires. The preliminary notice
does not commit the District to an extension. The exercise of this option is subject to the
availability of funds at the time of the exercise of this option. The contractor may waive the
thirty (30) day preliminary notice requirement by providing a written waiver to the Contracting
Officer prior to expiration of the contract.

F.2.2 If the District exercises this option, the extended contract shall be considered to include this option
provision.

F.2.3 The price for the option period shall be as specified in the Section B of the contract.

F.2.4 The total duration of this contract, including the exercise of any options under this clause, shall
not exceed five (5) years.

F.3 DELIVERABLES

The contractor shall perform the activities required to successfully complete the District’s
requirements and submit each deliverable to the Contract Administrator (CA) identified in
section G.9 in accordance with the following:

F.3.1 Acceptance Criteria

F.3.1.1 The following acceptance criteria applies to all deliverables: The District will accept or reject
contractor’s deliverables within ten (10) business days of delivery, with written detail of
deficiencies if such services or deliverable are rejected. If the District does not either accept or
reject the applicable services or deliverable within such ten (10) day period, then Contractor
shall advise the District that such determination is overdue. The follow-up review of
resubmitted services or deliverables will be limited to those items addressed in the
resubmission.

F.3.2 Format and Content Reporting Criteria

F.3.2.1 All deliverables, reports, and analyses, whether in draft or final, must be delivered by the
contractor directly to the District. In this regard, the Contractor should ensure delivery to the
Contract Administrator (CA) who is the District entity responsible for the deliverables
dissemination to the District’s Project, Agency, Departmental, and Stakeholder personnel.

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The deliverables for this contract shall be provided on electronic media, using the following
software standards:

DOCUMENT TYPE FORMAT
Word Processing Microsoft Word
Spreadsheets Microsoft Excel
Graphics Microsoft PowerPoint; Microsoft Visio
Project Management Microsoft Project 2010

Requirement Deliverable Format/Method of
Delivery
Due Date
C.5.1 B Staffing Plan Word 30 days of
contract.
Updates TBD
C.5.4.1
Program
Organization

Status Update Word TBD
C.5.5.3 B Maintenance Plan Word TBD
C.5.4.1 C Project Management Plan Word 30 days of
contract.
Updates TBD
C.5.9 B Knowledge Transfer Word TBD
C.5.2.2 C Test Plan Word 30 days of
contract.
Updates TBD.

F.3.1 The contractor shall submit to the District, as a deliverable, the report described in section H.5.5
that is required by the 51% District Residents New Hires Requirements and First Source
Employment Agreement. If the contractor does not submit the report as part of the deliverables,
final payment to the contractor shall not be paid pursuant to section G.3.2.

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SECTION G: CONTRACT ADMINISTRATION

G.1 INVOICE PAYMENT

G.1.1 The District will make payments to the contractor, upon the submission of proper invoices, at
the prices stipulated in this contract, for supplies delivered and accepted or services performed
and accepted, less any discounts, allowances or adjustments provided for in this contract.

G.1.2 The District will pay the contractor on or before the 30th day after receiving a proper invoice
from the contractor.

G.2 INVOICE SUBMITTAL

G.2.1 The Contractor shall create and submit payment requests in an electronic format through the
DC Vendor Portal, https://vendorportal.dc.gov

G.2.2 The Contractor shall submit proper invoices on a monthly basis or as otherwise specified in
Section G.4.

G.2.3 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 profile.

G.2.3.1 Contractor’s name, Federal Tax ID, DUNS Number and invoice date (The Contractor shall
date invoices on the date of mailing or transmittal);

G.2.3.2 Contract number and invoice number;

G.2.3.3 Description, price, quantity and the date that the supplies or services were actually delivered
and/or performed (Each deliverable submitted during the invoice period shall be specified).

G.2.3.4 Other supporting documentation or information, as required by the Contracting Officer;

G.2.3.5 Name, title, telephone number and complete mailing address of the responsible official to
whom payment is to be sent;

G.2.3.6 Name, title, phone number of person preparing invoice:

G.2.3.7 Name, title, phone number and mailing address of person (if different from the person
identified in G.2.3.6 above) to be notified in the event of a defective invoice; and

G.2.3.8 Contractor shall submit the following certification statement on all invoices submitted:
I hereby certify, to the best of my knowledge and belief, that;

(1) The amounts requested are only for performance in accordance with the specifications,
terms, and conditions of the contract;
(2) The amounts requested are current, accurate, and complete based on the date of this
invoice;

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(3) This certification is not to be construed as final acceptance of a contractor’s performance.

G.2.3.9 Authorized Signature

G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT

G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and First Source
Employment Agreement requirements, final request for payment must be accompanied by the
report or a waiver of compliance discussed in section H.5.5.

G.3.2 The District shall not make final payment to the contractor until the agency CFO has received
the CO’s final determination or approval of waiver of the contractor’s compliance with 51%
District Residents New Hires Requirements and First Source Employment Agreement
requirements.

G.4 PARTIAL PAYMENTS

Unless otherwise specified in this contract, payment will be made on partial deliveries of goods
and services accepted by the District if:

a) The amount due on the deliveries warrants it; or

b) The Contractor requests it and the amount due on the deliveries is in accordance with the
following:

• "Payment will be made on completion and acceptance of each item in accordance with
the agreed upon delivery schedule".

c) Presentation of a properly executed invoice.

G.5 RESERVED

G.6 ASSIGNMENT OF CONTRACT PAYMENTS

G.6.1 In accordance with 27 DCMR 3250, the contractor may assign to a bank, trust company, or
other financing institution funds due or to become due as a result of the performance of this
contract.

G.6.2 Any assignment shall cover all unpaid amounts payable under this contract and shall not be made
to more than one party.

G.6.3 Notwithstanding an assignment of contract payments, the contractor, not the assignee, is
required to prepare invoices. Where such an assignment has been made, the original copy of the
invoice must refer to the assignment and must show that payment of the invoice is to be made
directly to the assignee as follows:

“Pursuant to the instrument of assignment dated ___________, make payment of this invoice to
(name and address of assignee).”

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G.7 THE QUICK PAYMENT ACT

G.7.1 Interest Penalties to Contractors

G.7.1.1 The District will pay interest penalties on amounts due to the Contractor under the Quick
Payment Act, D.C. Official Code § 2-221.01 et seq., as amended, for the period beginning
on the day after the required payment date and ending on the date on which payment of the
amount is made. Interest shall be calculated at the rate of at least 1% per month. No interest
penalty shall be paid if payment for the completed delivery of the item of property or service
is made on or before the required payment date. The required payment date shall be:

G.7.1.1.1 The date on which payment is due under the terms of this contract;

G.7.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of delivery of meat or
meat food products;

G.7.1.1.3 Not later than 10 calendar days, excluding legal holidays, after the date of delivery of a
perishable agricultural commodity; or

G.7.1.1.4 30 calendar days, excluding legal holidays, after receipt of a proper invoice for the amount of
the payment due.

G.7.1.2 No interest penalty shall be due to the Contractor if payment for the completed delivery of
goods or services is made on or before:

G.7.1.2.1 3rd day after the required payment date for meat or a meat product;

G.7.1.2.2 5th day after the required payment date for an agricultural commodity; or

G.7.1.2.3 15th day after any other required payment date.

G.7.1.3 Any amount of an interest penalty which remains unpaid at the end of any 30-day period
shall be added to the principal amount of the debt and thereafter interest penalties shall
accrue on the added amount.

G.7.2 Payments to Subcontractors

G.7.2.1 The Contractor shall take one of the following actions within seven (7) days of receipt of any
amount paid to the Contractor by the District for work performed by any subcontractor
under the contract:

G.7.2.1.1 Pay the subcontractor(s) for the proportionate share of the total payment received from the
District that is attributable to the subcontractor(s) for work performed under the contract; or

G.7.2.1.2 Notify the CO and the subcontractor(s), in writing, of the Contractor’s intention to withhold
all or part of the subcontractor’s payment and state the reason for the nonpayment.

G.7.2.2 The Contractor shall pay subcontractors or suppliers interest penalties on amounts due to the
subcontractor or supplier beginning on the day after the payment is due and ending on the

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date on which the payment is made. Interest shall be calculated at the rate of at least 1% per
month. No interest penalty shall be paid on the following if payment for the completed
delivery of the item of property or service is made on or before the:

G.7.2.2.1 3rd day after the required payment date for meat or a meat product;

G.7.2.2.2 5th day after the required payment date for an agricultural commodity; or

G.7.2.2.3 15th day after any other required payment date.

G.7.2.3 Any amount of an interest penalty which remains unpaid by the Contractor at the end of any
30-day period shall be added to the principal amount of the debt to the subcontractor and
thereafter interest penalties shall accrue on the added amount.

G.7.2.4 A dispute between the Contractor and subcontractor relating to the amounts or entitlement of
a subcontractor to a payment or a late payment interest penalty under the Quick Payment Act
does not constitute a dispute to which the District is a party. The District may not be
interpleaded in any judicial or administrative proceeding involving such a dispute.

G.7.3 Subcontract requirements

G.7.3.1 The Contractor shall include in each subcontract under this contract a provision requiring the
subcontractor to include in its contract with any lower-tier subcontractor or supplier the
payment and interest clauses required under paragraphs (1) and (2) of D.C. Official Code §
2-221.02(d).

G.7.3.2 The Contractor shall include in each subcontract under this contract a provision that obligates
the Contractor, at the election of the subcontractor, to participate in negotiation or mediation
as an alternative to administrative or judicial resolution of a dispute between them.

G.8 CONTRACTING OFFICER (CO)

Contracts will be entered into and signed on behalf of the District only by contracting officers.
The contact information for the Contracting Officer is:

Latora Davis
Contracting Officer
Office of Contracting and Procurement
955 L’Enfant Plaza, 5th Floor
Washington, DC 20024
Latora.davis@dc.gov

G.9 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

G.9.1 The CO is the only person authorized to approve changes in any of the requirements of this
contract.

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G.9.2 The contractor shall not comply with any order, directive or request that changes or modifies the
requirements of this contract, unless issued in writing and signed by the CO.

G.9.3 In the event the contractor effects any change at the instruction or request of any person other
than the CO, the change will be considered to have been made without authority and no
adjustment will be made in the contract price to cover any cost increase incurred as a result
thereof.

G.10 CONTRACT ADMINSTRATOR (CA)
G.10.1 The CA is responsible for general administration of the contract and advising the CO as to the
contractor’s compliance or noncompliance with the contract. The CA has the responsibility of
ensuring the work conforms to the requirements of the contract and such other responsibilities
and authorities as may be specified in the contract. These include:
G.10.1.1 Keeping the CO fully informed of any technical or contractual difficulties encountered during
the performance period and advising the CO of any potential problem areas under the contract;
G.10.1.2Coordinating site entry for contractor personnel, if applicable;
G.10.1.3Reviewing invoices for completed work and recommending approval by the CO if the
contractor’s costs are consistent with the negotiated amounts and progress is satisfactory and
commensurate with the rate of expenditure;
G.10.1.4Reviewing and approving invoices for deliverables to ensure receipt of goods and services.
This includes the timely processing of invoices and vouchers in accordance with the District’s
payment provisions; and
G.10.1.5Maintaining a file that includes all contract correspondence, modifications, records of
inspections (site, data, equipment) and invoice or vouchers.
G.10.2 The address and telephone number of the CA is:

Kashonda Johnson-Dunklin
Contract Administrator
Department of Healthcare Finance
955 L’Enfant Plaza, 5th Floor
Washington, DC 20024
Kashonda.Johnsondunkin@dc.gov
G.10.3 The CA shall NOT have the authority to:

1. Award, agree to, or sign any contract, delivery order or task order. Only the CO shall
make contractual agreements, commitments or modifications;
2. Grant deviations from or waive any of the terms and conditions of the contract;
3. Increase the dollar limit of the contract or authorize work beyond the dollar limit of the
contract,
4. Authorize the expenditure of funds by the contractor;
5. Change the period of performance; or

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6. Authorize the use of District property, except as specified under the contract.

G.10.4 The contractor will be fully responsible for any changes not authorized in advance, in writing,
by the CO; may be denied compensation or other relief for any additional work performed that
is not so authorized; and may also be required, at no additional cost to the District, to take all
corrective action necessitated by reason of the unauthorized changes.

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SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES

H.1.1 For all new employment resulting from this contract or subcontracts hereto, as defined in
Mayor’s Order 83-265 and implementing instructions, the contractor shall use its best efforts to
comply with the following basic goal and objectives for utilization of bona fide residents of the
District of Columbia in each project’s labor force:

H.1.1.1 At least fifty-one (51) percent of apprentices and trainees employed shall be residents of the
District of Columbia registered in programs approved by the District of Columbia
Apprenticeship Council.
H.1.2 The contractor shall negotiate an Employment Agreement with the Department of Employment
Services (DOES) for jobs created as a result of this contract. The DOES shall be the contractor’s
first source of referral for qualified apprentices and trainees in the implementation of
employment goals contained in this clause.
H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS

The Contractor shall be bound by the Wage Determination No. 2015-4281, Revision 28, dated
December 26, 2023, issued by the U.S. Department of Labor in accordance with the Service
Contract Act, 41 U.S.C. § 351 et seq., and incorporated herein as Section J.2. The Contractor
shall be bound by the wage rates for the term of the contract subject to revision as stated herein
and in accordance with clause 24 of the SCP. If an option is exercised, the Contractor shall be
bound by the applicable wage rates at the time of the exercise of the option. If the option is
exercised and the CO obtains a revised wage determination, the revised wage determination is
applicable for the option periods and the Contractor may be entitled to an equitable adjustment.

H.3 PREGNANT WORKERS FAIRNESS
H.3.1 The contractor shall comply with the Protecting Pregnant Workers Fairness Act of 2016, D.C.
Official Code § 32-1231.01 et seq. (PPWF Act).

H.3.2 The contractor shall not:

(a) Refuse to make reasonable accommodations to the known limitations related to pregnancy,
childbirth, related medical conditions, or breastfeeding for an employee, unless the contractor
can demonstrate that the accommodation would impose an undue hardship;

(b) Take an adverse action against an employee who requests or uses a reasonable
accommodation in regard to the employee's conditions or privileges of employment, including
failing to reinstate the employee when the need for reasonable accommodations ceases to the
employee's original job or to an equivalent position with equivalent:

(1) Pay;
(2) Accumulated seniority and retirement;
(3) Benefits; and
(4) Other applicable service credits;

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(c) Deny employment opportunities to an employee, or a job applicant, if the denial is based on
the need of the employer to make reasonable accommodations to the known limitations related
to pregnancy, childbirth, related medical conditions, or breastfeeding;

(d) Require an employee affected by pregnancy, childbirth, related medical conditions, or
breastfeeding to accept an accommodation that the employee chooses not to accept if the
employee does not have a known limitation related to pregnancy, childbirth, related medical
conditions, or breastfeeding or the accommodation is not necessary for the employee to perform
her duties;

(e) Require an employee to take leave if a reasonable accommodation can be provided; or

(f) Take adverse action against an employee who has been absent from work as a result of a
pregnancy-related condition, including a pre-birth complication.

H.3.3 The contractor shall post and maintain in a conspicuous place a notice of rights in both English
and Spanish and provide written notice of an employee's right to a needed reasonable
accommodation related to pregnancy, childbirth, related medical conditions, or breastfeeding
pursuant to the PPWF Act to:

(a) New employees at the commencement of employment;

(b) Existing employees; and

(c) An employee who notifies the employer of her pregnancy, or other condition covered by the
PPWF Act, within 10 days of the notification.

H.3.4 The contractor shall provide an accurate written translation of the notice of rights to any non-
English or non-Spanish speaking employee.

H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.

H.4 UNEMPLOYED ANTI-DISCRIMINATION

H.4.1 The contractor shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C.
Official Code § 32-1361 et seq.

H.4.2 The contractor shall not:

(a) Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an
employee because of the individual's status as unemployed; or

(b) Publish, in print, on the Internet, or in any other medium, an advertisement or announcement
for any vacancy in a job for employment that includes:
(1) Any provision stating or indicating that an individual's status as unemployed disqualifies
the individual for the job; or

(2) Any provision stating or indicating that an employment agency will not consider or hire
an individual for employment based on that individual's status as unemployed.

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H.4.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties as
described in the Act.

H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT

Delete Article 35, 51% District Residents New Hires Requirements and First Source
Employment Agreement, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts and substitute the following
Section H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST
SOURCE EMPLOYMENT AGREEMENT in its place:

H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT

H.5.1 For contracts for services in the amount of $300,000 or more, the contractor shall comply with
the First Source Employment Agreement Act of 1984, as amended, D.C. Official Code § 2-
219.01 et seq. (First Source Act).

H.5.2 The contractor shall enter into and maintain during the term of the contract, a First Source
Employment Agreement (Employment Agreement) with the District of Columbia Department
of Employment Service’s (DOES), in which the contractor shall agree that:

(a) The first source for finding employees to fill all jobs created in order to perform the
contract shall be the First Source Register; and
(b) The first source for finding employees to fill any vacancy occurring in all jobs covered by
the Employment Agreement shall be the First Source Register.
H.5.3 The contractor shall not begin performance of the contract until its Employment Agreement has
been accepted by DOES. Once approved, the Employment Agreement shall not be amended
except with the approval of DOES.
H.5.4 The contractor agrees that at least 51% of the new employees hired to perform the contract shall
be District residents.
H.5.5 The contractor’s hiring and reporting requirements under the First Source Act and any rules
promulgated thereunder shall continue for the term of the contract.
H.5.6 The CO may impose penalties, including monetary fines of 5% of the total amount of the direct
and indirect labor costs of the contract, for a willful breach of the Employment Agreement,
failure to submit the required hiring compliance reports, or deliberate submission of falsified
data.

H.5.7 If the contractor does not receive a good faith waiver, the CO may also impose an additional
penalty equal to 1/8 of 1% of the total amount of the direct and indirect labor costs of the
contract for each percentage by which the contractor fails to meet its hiring requirements.

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H.5.8 Any contractor which violates, more than once within a 10-year timeframe, the hiring or
reporting requirements of the First Source Act shall be referred for debarment for not more than
five (5) years.

H.5.9 The contractor may appeal any decision of the CO pursuant to this clause to the D.C. Contract
Appeals Board as provided in clause 14 of the SCP, Disputes.

H.5.10 The provisions of the First Source Act do not apply to nonprofit organizations which employ 50
employees or less.

H.6 DIVERSION, REASSIGNMENT AND REPLACEMENT OF KEY PERSONNEL

H.6.1 The key personnel specified in the contract are considered to be essential to the work being
performed hereunder. Prior to diverting any of the specified key personnel for any reason, the
Contractor shall notify the CO at least thirty (30) calendar days in advance and shall submit
justification, including proposed substitutions, in sufficient detail to permit evaluation of the
impact upon the contract. The Contractor shall obtain written approval of the CO for any
proposed substitution of key personnel.

H.7 RESERVED

H.8 RESERVED

H.9 SUBCONTRACTING REQUIREMENTS

H.9.1 Mandatory Subcontracting Requirements

H.9.1.1 For all contracts in excess of $250,000, at least 35% of the dollar volume of the contract shall
be subcontracted to qualified small business enterprises (SBEs).

H.9.1.2 If there are insufficient SBEs to completely fulfill the requirement of paragraph H.9.1.1, then
the subcontracting may be satisfied by subcontracting 35% of the dollar volume to any
qualified certified business enterprises (CBEs); provided, however, that all reasonable efforts
shall be made to ensure that SBEs are significant participants in the overall subcontracting
work.

H.9.1.3 A prime contractor that is certified by DSLBD as a small, local or disadvantaged business
enterprise shall not be required to comply with the provisions of sections H.9.1.1 and H.9.1.2.

H.9.1.4 RESERVED.

H.9.1.5 RESERVED.

H.9.1.6 Each CBE utilized to meet these subcontracting requirements shall perform at least 35% of
its contracting effort with its own organization and resources.

H.9.1.7 RESERVED.

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H.9.2 Subcontracting Plan

If the prime contractor is required by law to subcontract under this contract, it must
subcontract at least 35% of the dollar volume of this contract in accordance with the
provisions of section H.9.1 of this clause. The plan shall be submitted as part of the proposal
and may only be amended after award with the prior written approval of the CO and
Director of DSLBD. Any reduction in the dollar volume of the subcontracted portion
resulting from an amendment of the plan after award shall inure to the benefit of the District.

Each subcontracting plan shall include the following:

H.9.2.1 The name and address of each subcontractor;
H.9.2.2 A current certification number of the small or certified business enterprise;
H.9.2.3 The scope of work to be performed by each subcontractor; and
H.9.2.4 The price that the prime contractor will pay each subcontractor.

H.9.3 Copies of Subcontracts

Within twenty-one (21) days of the date of award, the Contractor shall provide fully
executed copies of all subcontracts identified in the subcontracting plan to the CO, CA,
District of Columbia Auditor and the Director of DSLBD.

H.9.4 Subcontracting Plan Compliance Reporting

H.9.4.1 If the Contractor has a subcontracting plan required by law for this contract, the Contractor
shall submit a quarterly report to the CO, CA, District of Columbia Auditor and the Director
of DSLBD. The quarterly report shall include the following information for each
subcontract identified in the subcontracting plan:

H.9.4.1.1 The price that the prime contractor will pay each subcontractor under the subcontract;
H.9.4.1.2 A description of the goods procured or the services subcontracted for;
H.9.4.1.3 The amount paid by the prime contractor under the subcontract; and
H.9.4.1.4 A copy of the fully executed subcontract, if it was not provided with an earlier quarterly
report.

H.9.4.2 If the fully executed subcontract is not provided with the quarterly report, the prime
contractor will not receive credit toward its subcontracting requirements for that subcontract.

H.9.5 Annual Meetings

Upon at least 30-days written notice provided by DSLBD, the Contractor shall meet
annually with the CO, CA, District of Columbia Auditor and the Director of DSLBD to
provide an update on its subcontracting plan.

H.9.6 Notices
The Contractor shall provide written notice to the DSLBD and the District of Columbia
Auditor upon commencement of the contract and when the contract is completed.

H.9.7 Enforcement and Penalties for Breach of Subcontracting Plan

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H.9.7.1 A contractor shall be deemed to have breached a subcontracting plan required by law, if the
contractor (i) fails to submit subcontracting plan monitoring or compliance reports or other
required subcontracting information in a reasonably timely manner; (ii) submits a
monitoring or compliance report or other required subcontracting information containing a
materially false statement; or (iii) fails to meet its subcontracting requirements.

H.9.7.2 A contractor that is found to have breached its subcontracting plan for utilization of CBEs in
the performance of a contract shall be subject to the imposition of penalties, including
monetary fines in accordance with D.C. Official Code § 2-218.63.

H.9.7.3 If the CO determines the Contractor’s failure to be a material breach of the contract, the CO
shall have cause to terminate the contract under the default provisions in clause 8 of the
SCP, Default.

H.10 FAIR CRIMINAL RECORD SCREENING

H.10.1 The contractor shall comply with the provisions of the Fair Criminal Record Screening
Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-152) (the “Act” as
used in this section). This section applies to any employment, including employment on a
temporary or contractual basis, where the physical location of the employment is in whole or
substantial part within the District of Columbia.

H.10.2 Prior to making a conditional offer of employment, the contractor shall not require an
applicant for employment, or a person who has requested consideration for employment by
the contractor, to reveal or disclose an arrest or criminal accusation that is not then pending
or did not result in a criminal conviction.

H.10.3 After making a conditional offer of employment, the contractor may require an applicant to
disclose or reveal a criminal conviction.

H.10.4 The contractor may only withdraw a conditional offer of employment, or take adverse action
against an applicant, for a legitimate business reason as described in the Act.

H.10.5 This section and the provisions of the Act shall not apply:

(a) Where a federal or District law or regulation requires the consideration of an
applicant’s criminal history for the purposes of employment;

(b) To a position designated by the employer as part of a federal or District government
program or obligation that is designed to encourage the employment of those with
criminal histories;

(c) To any facility or employer that provides programs, services, or direct care to,
children, youth, or vulnerable adults; or

(d) To employers that employ less than 11 employees.

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H.10.6 A person claiming to be aggrieved by a violation of the Act may file an administrative
complaint with the District of Columbia Office of Human Rights, and the Commission on
Human Rights may impose monetary penalties against the contractor.

H.11 DISTRICT RESPONSIBILITIES

H.11.1 The District Assistance and Contributions - the District personnel will work directly with
Contractor personnel and business teams to develop strategies and design specifications
that will provide optimal performance, usability, and effectiveness of customer facing
interfaces.

The District personnel will provide substantial experience in linking business needs,
financial objectives, and technical expertise with good design aesthetics and an
outstanding user experience. Tasks that the District personnel will assist and contribute
to include, but are not limited to, the following:

H.11.1.1 Assisting with the definition and integration of interfaces and batch processes;
H.11.1.2 Assisting with security and access control;
H.11.1.3 Providing expert IT consultancy services to Contractor regarding the District’s
computing environment;
H.11.1.4 Collaborating with managers, designers, engineers, and cross-functional business teams;
H.11.1.5 Ensuring that all relevant policies and procedures are always followed (including third-
party providers);
H.11.1.6 Ensuring the stability of the service/software and that possible configuration issues are
dealt with efficiently and professionally;
H.11.1.7 Ensuring that all solutions are documented by the appropriate contractors and that the
documentation is maintained to enable effective support and further development; and
H.11.1.8 Providing project oversight of consultants.

H.11.2 The District agrees to furnish the work location, equipment, and software needed for the
Contractor’s completion of on-site tasks pursuant to this contract. The Contractor is
responsible for any items needed for contract administration.

H.11.3 The District will provide point-in-time display of all data for audit, verification, and
program integrity purposes. The system will display the data that are used to determine
eligibility, calculate benefits, and generate various outputs, including payments, notices,
and electronic benefits for the point-in-time that the action took place. A history of data
elements to be jointly agreed upon during the design phase, such as address, Social
Security Number, and name, must be maintained. The number of occurrences to be
maintained will be based upon entity relationship analysis and the business need as
determined by the District.

H.11.4 The District has the right, at its sole discretion, to inspect the Contractor’s information
systems and any other mobile device or computer utilized by the Contractor or its
officers, agents and employees to access the District systems and to audit the
Contractor’s information systems to assure compliance.

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H.11.4.1 Supplies and Equipment Needs

The District will provide all office supplies and equipment required to deliver the
services identified in this Contract. This equipment shall include, but is not limited to:
computer workstations, modems, PCs, printers, projectors, telecommunications circuits,
routers, switches, and related service required by the District and the contractor for
DCAS connectivity.

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SECTION I: CONTRACT CLAUSES

I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS

The Standard Contract Provisions for use with District of Columbia Government Supplies and
Services Contracts dated July 2010 (“SCP”) are incorporated as part of the contract. To obtain
a copy of the SCP go to http://ocp.dc.gov, under Quick Links click on “Required Solicitation
Documents”.

I.2 CONTRACTS THAT CROSS FISCAL YEARS

Continuation of this contract beyond the current fiscal year is contingent upon future fiscal
appropriations.

I.3 CONFIDENTIALITY OF INFORMATION

The contractor shall keep all information relating to any employee or customer of the District
in absolute confidence and shall not use the information in connection with any other matters;
nor shall it disclose any such information to any other person, firm or corporation, in
accordance with the District and federal laws governing the confidentiality of records.

I.4 TIME

Time, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless
otherwise stated herein.

I.5 RIGHTS IN DATA

Delete Article 42, Rights in Data, of the Standard Contract Provisions dated July 2010 for use
with District of Columbia Government Supplies and Services Contracts and substitute the
following Article 42, Rights in Data) in its place:

A. Definitions

1. “Products” - A deliverable under any contract that may include commodities, services and/or
technology furnished by or through contractor, including existing and custom Products, such as,
but not limited to: a) recorded information, regardless of form or the media on which it may be
recorded; b) document research; c) experimental, developmental, or engineering work; d)
licensed software; e) components of the hardware environment; f) printed materials (including
but not limited to training manuals, system and user documentation, reports, drawings); g) third
party software; h) modifications, customizations, custom programs, program listings,
programming tools, data, modules, components; and i) any intellectual property embodied
therein, whether in tangible or intangible form, including but not limited to utilities, interfaces,
templates, subroutines, algorithms, formulas, source code, and object code.

2. “Existing Products” - Tangible Products and intangible licensed Products that exist prior to
the commencement of work under the contract. Existing Products must be identified on the
Product prior to commencement of work or else will be presumed to be Custom Products.

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3. “Custom Products” - Products, preliminary, final or otherwise, which are created or
developed by contractor, its subcontractors, partners, employees, resellers or agents for the
District under the contract.

4. “District” – The District of Columbia and its agencies.

B. Title to Project Deliverables

The contractor acknowledges that it is commissioned by the District to perform services detailed
in the contract. The District shall have ownership and rights for the duration set forth in the
contract to use, copy, modify, distribute, or adapt Products as follows:

1. Existing Products: Title to all Existing Licensed Product(s), whether or not embedded in,
delivered or operating in conjunction with hardware or Custom Products, shall remain with
contractor or third-party proprietary owner, who retains all rights, title and interest (including
patent, trademark or copyrights). Effective upon payment, the District shall be granted an
irrevocable, non-exclusive, worldwide, paid-up license to use, execute, reproduce, display,
perform, adapt (unless contractor advises the District as part of contractor’s bid that adaptation
will violate existing agreements or statutes and contractor demonstrates such to the District’s
satisfaction), and distribute Existing Product to District users up to the license capacity stated in
the contract with all license rights necessary to fully effect the general business purpose of the
project or work plan or contract. Licenses shall be granted in the name of the District. The
District agrees to reproduce the copyright notice and any other legend of ownership on any
copies authorized under this paragraph.

2. Custom Products: Effective upon Product creation, contractor hereby conveys, assigns, and
transfers to the District the sole and exclusive rights, title and interest in Custom Product(s),
whether preliminary, final or otherwise, including all patent, trademark and copyrights.
contractor hereby agrees to take all necessary and appropriate steps to ensure that the Custom
Products are protected against unauthorized copying, reproduction and marketing by or through
contractor.

C. Transfers or Assignments of Existing or Custom Products by the District

The District may transfer or assign Existing or Custom Products and the licenses thereunder to
another District agency. Nothing herein shall preclude the contractor from otherwise using the
related or underlying general knowledge, skills, ideas, concepts, techniques and experience
developed under a project or work plan in the course of contractor’s business.

D. Subcontractor Rights

Whenever any data, including computer software, are to be obtained from a subcontractor under
the contract, the contractor shall use this clause, Rights in Data, in the subcontract, without
alteration, and no other clause shall be used to enlarge or diminish the District’s or the
contractor’s rights in that subcontractor data or computer software which is required for the
District.

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E. Source Code Escrow

1. For all computer software furnished to the District with the rights specified in section B.2, the
contractor shall furnish to the District, a copy of the source code with such rights of the scope as
specified in section B.2 of this clause. For all computer software furnished to the District with
the restricted rights specified in section B.1 of this clause, the District, if the contractor either
directly or through a successor or affiliate shall cease to provide the maintenance or warranty
services provided the District under the contract or any paid-up maintenance agreement, or if the
contractor should be declared insolvent by a court of competent jurisdiction, shall have the right
to obtain, for its own and sole use only, a single copy of the current version of the source code
supplied under the contract, and a single copy of the documentation associated therewith, upon
payment to the person in control of the source code the reasonable cost of making each copy.

2. If the contractor or Product manufacturer/developer of software furnished to the District with
the rights specified in section B.1 of this clause offers the source code or source code escrow to
any other commercial customers, the contractor shall either: (1) provide the District with the
source code for the Product; (2) place the source code in a third party escrow arrangement with
a designated escrow agent who shall be named and identified to the District, and who shall be
directed to release the deposited source code in accordance with a standard escrow arrangement
acceptable to the District; or (3) will certify to the District that the Product manufacturer/
developer has named the District as a named beneficiary of an established escrow arrangement
with its designated escrow agent who shall be named and identified to the District, and who
shall be directed to release the deposited source code in accordance with the terms of escrow.

3. The contractor shall update the source code, as well as any corrections or enhancements to the
source code, for each new release of the Product in the same manner as provided above, and
certify such updating of escrow to the District in writing.

F. Indemnification and Limitation of Liability

The contractor shall indemnify and save and hold harmless the District, its officers, agents and
employees acting within the scope of their official duties against any liability, including costs
and expenses, (i) for violation of proprietary rights, copyrights, or rights of privacy, arising out
of the publication, translation, reproduction, delivery, performance, use or disposition of any
data furnished under this contract, or (ii) based upon any data furnished under this contract, or
based upon libelous or other unlawful matter contained in such data.

I.6 OTHER CONTRACTORS

The contractor shall not commit or permit any act that will interfere with the performance of
work by another District contractor or by any District employee.

I.7 SUBCONTRACTS

The contractor hereunder shall not subcontract any of the contractor’s work or services to any
subcontractor without the prior written consent of the CO. Any work or service so
subcontracted shall be performed pursuant to a subcontract agreement, which the District will
have the right to review and approve prior to its execution by the contractor. Any such
subcontract shall specify that the contractor and the subcontractor shall be subject to every

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provision of this contract. Notwithstanding any such subcontract approved by the District, the
contractor shall remain liable to the District for all contractor's work and services required
hereunder.

I.8 INSURANCE

A. GENERAL REQUIREMENTS. The contractor at its sole expense shall procure and maintain,
during the entire period of performance under this contract, the types of insurance specified
below. The contractor shall have its insurance broker or insurance company submit a Certificate
of Insurance to the CO giving evidence of the required coverage prior to commencing
performance under this contract. In no event shall any work be performed until the required
Certificates of Insurance signed by an authorized representative of the insurer(s) have been
provided to, and accepted by, the CO. All insurance shall be written with financially responsible
companies authorized to do business in the District of Columbia or in the jurisdiction where the
work is to be performed and have an A.M. Best Company rating of A- / VII or higher. The
contractor shall require all of its subcontractors to carry the same insurance required herein.

All required policies shall contain a waiver of subrogation provision in favor of the Government
of the District of Columbia.

If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits
than the minimums shown below, the District requires, and shall be entitled to, the broader
coverage and the higher limits maintained by the Contractor and/or subcontractors. Any
available insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the District.

1. Commercial General Liability Insurance (“CGL”) - The contractor shall provide evidence
satisfactory to the CO with respect to the services performed that it carries a CGL policy,
written on an occurrence (not claims-made) basis, on Insurance Services Office, Inc.
(“ISO”) form CG 00 01 04 13 (or another occurrence-based form with coverage at least as
broad and approved by the CO in writing), covering liability for all ongoing and completed
operations of the contractor, including ongoing and completed operations under all
subcontracts, and covering claims for bodily injury, including without limitation sickness,
disease or death of any persons, injury to or destruction of property, including loss of use
resulting therefrom, personal and advertising injury, and including coverage for liability
arising out of an Insured Contract (including the tort liability of another assumed in a contract)
and acts of terrorism (whether caused by a foreign or domestic source). Such coverage shall
have limits of liability of not less than $1,000,000 each occurrence, a $2,000,000 general
aggregate (including a per location or per project aggregate limit endorsement, if applicable)
limit, a $1,000,000 personal and advertising injury limit, and a $2,000,000 products-
completed operations aggregate limit.

2. Automobile Liability Insurance - The contractor shall provide evidence satisfactory to the
CO of commercial (business) automobile liability insurance written on ISO form CA 00 01
10 13 (or another form with coverage at least as broad and approved by the CO in writing)
including coverage for all owned, hired, borrowed and non-owned vehicles and equipment
used by the contractor, with minimum per accident limits equal to the greater of (i) the limits

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set forth in the contractor’s commercial automobile liability policy or (ii) $1,000,000 per
occurrence combined single limit for bodily injury and property damage.

3. Workers’ Compensation Insurance - The contractor shall provide evidence satisfactory to
the CO of Workers’ Compensation insurance in accordance with the statutory mandates of
the District of Columbia or the jurisdiction in which the contract is performed.

Employer’s Liability Insurance - The contractor shall provide evidence satisfactory to the
CO of employer’s liability insurance as follows: $500,000 per accident for injury; $500,000
per employee for disease; and $500,000 for policy disease limit.

All insurance required by this paragraph 3 shall include a waiver of subrogation
endorsement for the benefit of Government of the District of Columbia.

4. Crime Insurance (3rd Party Indemnity) - The contractor shall provide a Crime policy
including 3rd party fidelity to cover the dishonest acts of contractor’s, its employees and/or
volunteers which result in a loss to the District. The Government of the District of
Columbia shall be included as loss payee. The policy shall provide a limit of $100,000 per
occurrence.

5. Cyber Liability Insurance - The contractor shall provide evidence satisfactory to the
Contracting Officer of Cyber Liability Insurance, with limits not less than $5,000,000 per
occurrence or claim, $5,000,000 aggregate. Coverage shall be sufficiently broad to respond
to the duties and obligations as is undertaken by contractor in this agreement and shall
include, but not limited to, claims involving infringement of intellectual property, including
but not limited to infringement of copyright, trademark, trade dress, invasion of privacy
violations, information theft, damage to or destruction of electronic information, release of
private information, alteration of electronic information, extortion and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines and
penalties as well as credit monitoring expenses with limits sufficient to respond to these
obligations. This insurance requirement will be considered met if the general liability
insurance includes an affirmative cyber endorsement for the required amounts and
coverages.

6. Employment Practices Liability - The contractor shall provide evidence satisfactory to the
Contracting Officer with respect to the operations performed to cover the defense of claims
arising from employment related wrongful acts including but not limited to: Discrimination,
Sexual Harassment, Wrongful Termination, or Workplace Torts, whether between
employees of contractor or against third parties. Employment Practices Liability coverage
must specifically state Third Party Liability coverage is included. contractor will indemnify
and defend the District of Columbia should it be named co-defendant or be subject to or
party of any claim. Coverage shall also extend to Temporary Help Firms and Independent
contractors hired by contractor. The policy shall provide limits of not less than $1,000,000
for each wrongful act and $2,000,000 annual aggregate for each wrongful act.

7. Professional Liability Insurance (Errors & Omissions) - The contractor shall provide
Professional Liability Insurance (Errors and Omissions) to cover liability resulting from any
error or omission in the performance of professional services under this Contract. The policy
shall provide limits of $5,000,000 per claim or per occurrence for each wrongful act and

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$5,000,000 annual aggregate. The contractor warrants that any applicable retroactive date
precedes the date the contractor first performed any professional services for the
Government of the District of Columbia and that continuous coverage will be maintained or
an extended reporting period will be exercised for a period of at least ten years after the
completion of the professional services.

8. Commercial Umbrella or Excess Liability - The contractor shall provide evidence
satisfactory to the CO of commercial umbrella or excess liability insurance with minimum
limits equal to the greater of (i) the limits set forth in the contractor’s umbrella or excess
liability policy or (ii) $10,000,000 per occurrence and $10,000,000 in the annual aggregate,
following the form and in excess of all liability policies. All liability coverages must be
scheduled under the umbrella and/or excess policy. The insurance required under this
paragraph shall be written in a form that annually reinstates all required limits. Coverage
shall be primary to any insurance, self-insurance or reinsurance maintained by the District
and the “other insurance” provision must be amended in accordance with this requirement
and principles of vertical exhaustion.
B. PRIMARY AND NONCONTRIBUTORY INSURANCE. The Contractor agrees that its
insurance shall be primary and noncontributory. The Contractor agrees that no other
insurance available to the District of Columbia or an additional insured under Contractor's
policy shall apply before the Contractor's insurance coverages are fully exhausted.
C. CERTIFICATE OF INSURANCE REQUIREMENTS. Each certificate of insurance shall
include:

1. The name of the insurance company or companies;
2. The name of the insured contractor;
3. The type(s) of insurance coverage being provided;
4. The insurance policy number(s);
5. The insurance policy effective date(s) and expiration date(s);
6. The insurance liability limits;
7. The District contract number;
8. Specific cancellation requirements noted in the Cancellation box (in the lower right hand
corner);
9. The District as a Certificate Holder (in the box in the lower left hand corner); and;
10. The District noted as an additional insured and a waiver of subrogation noted in
either the insurance description section or checked in the boxes next to the
applicable lines of coverage.

D. DURATION. The Contractor shall maintain all required insurance until all contract work
is accepted by the District of Columbia. The Contractor shall maintain General Liability
and any required Professional Liability, Environmental Liability, Cyber Liability,
Umbrella Liability, and Employment Practices Liability insurance for five (5) y ears
following final acceptance of the work performed under this contract.
E. LIABILITY. These are the required minimum insurance requirements established by
the District of Columbia. HOWEVER, THE MINIMUM INSURANCE
REQUIREMENTS PROVIDED ABOVE WILL NOT IN ANYWAY LIMIT THE

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CONTRACTOR'S LIABILITY UNDER THIS CONTRACT.
F. INSURER NOTIFICATION REQUIREMENT Each insurance policy shall contain the
following binding endorsement: "Insurer shall provide the contracting officer with at
least thirty (30) days prior written notice in the event coverage is or will be canceled."
G. CONTRACTOR'S PROPERTY. Contractor and subcontractors are solely responsible for
any loss or damage to their personal property, including but not limited to tools and
equipment, scaffolding and temporary structures, rented machinery, or owned and leased
equipment. A waiver of subrogation shall apply in favor of the District of Columbia.
H. MEASURE OF PAYMENT. The District shall not make any separate measure or
payment for the cost of insurance and bonds. The Contractor shall include all of the costs
of insurance and bonds in the contract price.
I. NOTIFICATION OF CHANGES TO INSURANCE. The Contractor shall ensure that all
policies provide that the CO shall be given thirty (30) days prior written notice in the
event of coverage and / or limit changes or if the policy is canceled prior to the expiration
date shown on the certificate. The Contractor shall provide the CO with ten (I 0) days
prior written notice in the event of non -payment of premium. The Contractor will also
provide the CO with an updated Certificate of Insurance should its insurance coverages
renew during t he contract.
J. SUBMISSION OF CERTIFICATES OF INSURANCE. The Contractor shall have its
insurance broker or insurance company submit certificates of insurance giving evidence
of the required coverages specified in this section prior to commencing work, and as
necessary during the term of this contract. Certificates of insurance shall be submitted to:

The Government of the District of Columbia

And mailed to the attention of:
Latora Davis
Contracting Officer
Office of Contracting and Procurement
955 L’Enfant Plaza, 3th Floor
Washington, DC 20002
Latora.davis@dc.gov

The CO may request and the contractor shall promptly deliver updated certificates of insurance,
endorsements indicating the required coverages, and/or certified copies of the insurance
policies. If the insurance initially obtained by the contractor expires prior to completion of the
contract, renewal certificates of insurance and additional insured and other endorsements shall
be furnished to the CO prior to the date of expiration of all such initial insurance. For all
coverage required to be maintained after completion, an additional certificate of insurance
evidencing such coverage shall be submitted to the CO on an annual basis as the coverage is
renewed (or replaced).

K. DISCLOSURE OF INFORMATION. The contractor agrees that the District may disclose
the name and contact information of its insurers to any third party which presents a claim
against the District for any damages or claims resulting from or arising out of work

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performed by the contractor, its agents, employees, servants or subcontractors in the
performance of this contract.

I.9 EQUAL EMPLOYMENT OPPORTUNITY

In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order
85-85 dated June 10, 1985, the forms for completion of the Equal Employment Opportunity
Information Report are incorporated herein as Section J.3. An award cannot be made to any
offeror who has not satisfied the equal employment requirements.
I.10 ORDER OF PRECEDENCE
A conflict in language shall be resolved by giving precedence to the document in the highest
order of priority that contains language addressing the issue in question. The following
documents are incorporated into the contract by reference and made a part of the contract in the
following order of precedence:

(1) An applicable Court Order, if any
(2) Contract document
(3) Standard Contract Provisions
(4) Contract attachments other than the Standard Contract Provisions
(5) RFP, as amended
(6) BAFOs – BAFO #4, BAFO #3, BAFO #2, BAFO #1
(7) Proposal

I.11 DISPUTES

Delete Article 14, Disputes, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts and substitute the following
Article 14, Disputes, in its place:
14. Disputes
All disputes arising under or relating to the contract shall be resolved as provided herein.
(a) Claims by the contractor against the District: Claim, as used in paragraph (a) of
this clause, means a written assertion by the contractor seeking, as a matter of right,
the payment of money in a sum certain, the adjustment or interpretation of contract
terms, or other relief arising under or relating to the contract. A claim arising under a
contract, unlike a claim relating to that contract, is a claim that can be resolved under
a contract clause that provides for the relief sought by the claimant
(1) All claims by a contractor against the District arising under or relating to a contract shall
be in writing and shall be submitted to the CO for a decision. The contractor’s claim
shall contain at least the following:

(i) A description of the claim and the amount in dispute;
(ii) Data or other information in support of the claim;
(iii) A brief description of the contractor’s efforts to resolve the dispute prior to
filing the claim; and
(iv) The contractor’s request for relief or other action by the CO.

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(2) The CO may meet with the contractor in a further attempt to resolve the claim by
agreement.

(3) The CO shall issue a decision on any claim within 120 calendar days after receipt of the
claim. Whenever possible, the CO shall take into account factors such as the size and
complexity of the claim and the adequacy of the information in support of the claim
provided by the contractor.

(4) The CO’s written decision shall do the following:

(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings
of fact, although specific findings of fact are not required and, if
made, shall not be binding in any subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine
the amount of monetary settlement, the contract adjustment to be
made, or other relief to be granted;
(vi) Indicate that the written document is the CO’s final decision; and
(vii) Inform the contractor of the right to seek further redress by appealing
the decision to the Contract Appeals Board.

(5) Failure by the CO to issue a decision on a contract claim within 120 days of receipt of
the claim will be deemed to be a denial of the claim, and will authorize the
commencement of an appeal to the Contract Appeals Board as provided by D.C. Official
Code § 2-360.04.

(6) If a contractor is unable to support any part of its claim and it is determined that
the inability is attributable to a material misrepresentation of fact or fraud on the
part of the contractor, the contractor shall be liable to the District for an amount
equal to the unsupported part of the claim in addition to all costs to the District
attributable to the cost of reviewing that part of the contractor’s claim. Liability
under this paragraph (a)(6) shall be determined within six (6) years of the
commission of the misrepresentation of fact or fraud.

(7) Pending final decision of an appeal, action, or final settlement, the contractor shall
proceed diligently with performance of the contract in accordance with the decision of
the CO.

(b) Claims by the District against the contractor: Claim as used in paragraph (b) of
this clause, means a written demand or written assertion by the District seeking, as a
matter of right, the payment of money in a sum certain, the adjustment of contract
terms, or other relief arising under or relating to the contract. A claim arising under a
contract, unlike a claim relating to that contract, is a claim that can be resolved under
a contract clause that provides for the relief sought by the claimant.

(1) The CO shall decide all claims by the District against a contractor arising under or
relating to a contract.

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(2) The CO shall send written notice of the claim to the contractor. The CO’s written
decision shall do the following:

(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings of
fact, although specific findings of fact are not required and, if made,
shall not be binding in any subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine the amount
of monetary settlement, the contract adjustment to be made, or other relief to
be granted;
(vi) Indicate that the written document is the CO’s final decision; and
(vii) Inform the contractor of the right to seek further redress by appealing
the decision to the Contract Appeals Board.

(3) The CO shall support the decision by reasons and shall inform the
contractor of its rights as provided herein.

(4) Before or after issuing the decision, the CO may meet with the contractor to
attempt to resolve the claim by agreement.

(5) The authority contained in this paragraph (b) shall not apply to a claim or
dispute for penalties or forfeitures prescribed by statute or regulation which
another District agency is specifically authorized to administer, settle or
determine.

(6) This paragraph shall not authorize the CO to settle, compromise, pay, or
otherwise adjust any claim involving fraud.

(c) Decisions of the CO shall be final and not subject to review unless the contractor timely
commences an administrative appeal for review of the decision, by filing a complaint
with the Contract Appeals Board, as authorized by D.C. Official Code § 2-360.04.

(d) Pending final decision of an appeal, action, or final settlement, the contractor
shall proceed diligently with performance of the contract in accordance with the
decision of the CO.

I.12 CHANGES

Delete clause 15, Changes, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts and substitute the following
clause 15, Changes in its place:
15. Changes:

(a) The CO may, at any time, by written order, and without notice to the surety, if any, make changes in
the contract within the general scope hereof. If such change causes an increase or decrease in the

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cost of performance of the contract, or in the time required for performance, an equitable adjustment
shall be made. Any claim for adjustment for a change within the general scope must be asserted
within ten (10) days from the date the change is ordered; provided, however, that the CO, if he or
she determines that the facts justify such action, may receive, consider, and adjust any such claim
asserted at any time prior to the date of final settlement of the contract. If the parties fail to agree
upon the adjustment to be made, the dispute shall be determined as provided in clause 14 Disputes.

(b) The District shall not require the Contractor, and the Contractor shall not require a
subcontractor, to undertake any work that is beyond the original scope of the contract or
subcontract, including work under a District-issued change order, when the additional work
increases the contract price beyond the not-to-exceed price or negotiated maximum price of
the contract, unless the CO:

(1) Agrees with the Contractor, and if applicable the subcontractor, on a price for the
additional work;
(2) Obtains a certification of funding to pay for the additional work;
(3) Makes a written, binding commitment with the Contractor to pay for the additional
work within thirty (30) days after the Contractor submits a proper invoice; and
(4) Provides the Contractor with written notice of the funding certification.

(c) The Contractor shall include in its subcontracts a clause that requires the Contractor to:

(1) Within five (5) business days of its receipt of notice of the approved additional
funding, provide the subcontractor with notice of the amount to be paid to the
subcontractor for the additional work to be performed by the subcontractor;
(2) Pay the subcontractor any undisputed amount to which the subcontractor is entitled
for the additional work within ten (10) days of receipt of payment from the District;
and
(3) Notify the subcontractor and CO in writing of the reason(s) the Contractor withholds
any payment from a subcontractor for the additional work.

(d) Neither the District, Contractor, nor any subcontractor may declare another party to be in
default, or assess, claim, or pursue damages for delays until the parties agree on a price for
the additional work.

I.13 NON-DISCRIMINATION CLAUSE

Delete clause 19, Non-Discrimination Clause, of the Standard Contract Provisions dated July
2010 for use with District of Columbia Government Supplies and Services Contracts and
substitute the following clause 19, Non-Discrimination Clause, in its place:

19. Non-Discrimination Clause:

(a) The contractor shall not discriminate in any manner against any employee or applicant for
employment that would constitute a violation of the District of Columbia Human Rights
Act, effective December 13, 1977, as amended (D.C. Law 2-38; D.C. Official Code § 2-
1401.01 et seq.) (“Act”, as used in this clause). The contractor shall include a similar clause

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in all subcontracts, except subcontracts for standard commercial supplies or raw materials.
In addition, the contractor agrees, and any subcontractor shall agree, to post in conspicuous
places, available to employees and applicants for employment, a notice setting forth the
provisions of this non-discrimination clause as provided in section 251 of the Act.

(b) Pursuant to Mayor’s Order 85-85, (6/10/85), Mayor’s Order 2002-175 (10/23/02), Mayor’s
Order 2011-155 (9/9/11) and the rules of the Office of Human Rights, Chapter 11 of Title 4
of the D.C. Municipal Regulations, the following clauses apply to the contract:

(1) The contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived: race, color, religion, national
origin, sex, age, marital status, personal appearance, sexual orientation,
gender identity or expression, family responsibilities, genetic information,
disability, matriculation, political affiliation, or credit information. Sexual
harassment is a form of sex discrimination which is prohibited by the Act.
In addition, harassment based on any of the above protected categories is
prohibited by the Act.

(2) The contractor agrees to take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without
regard to their actual or perceived: race, color, religion, national origin,
sex, age, marital status, personal appearance, sexual orientation, gender
identity or expression, family responsibilities, genetic information,
disability, matriculation, political affiliation, or credit information. The
affirmative action shall include, but not be limited to the following:

(a) employment, upgrading or transfer;
(b) recruitment, or recruitment advertising;
(c) demotion, layoff or termination;
(d) rates of pay, or other forms of compensation; and
(e) selection for training and apprenticeship.

(3) The contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the contracting
agency, setting forth the provisions in paragraphs 19(b)(1) and (b)(2)
concerning non-discrimination and affirmative action.

(4) The contractor shall, in all solicitations or advertisements for employees
placed by or on behalf of the contractor, state that all qualified applicants
will receive consideration for employment pursuant to the non-
discrimination requirements set forth in paragraph 19(b)(2).

(5) The contractor agrees to send to each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the contracting
agency, advising the said labor union or workers’ representative of that
contractor’s commitments under this nondiscrimination clause and the Act,
and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.

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(6) The contractor agrees to permit access to its books, records, and accounts
pertaining to its employment practices, by the Chief Procurement Officer
or designee, or the Director of the Office of Human Rights or designee, for
purposes of investigation to ascertain compliance with the Act, and to
require under terms of any subcontractor agreement each subcontractor to
permit access of such subcontractors’ books, records, and accounts for such
purposes.

(7) The contractor agrees to comply with the provisions of the Act and with all
guidelines for equal employment opportunity applicable in the District
adopted by the Director of the Office of Human Rights, or any authorized
official.

(8) The contractor shall include in every subcontract the equal opportunity
clauses, i.e., paragraphs 19(b)(1) through (b)(9) of this clause, so that such
provisions shall be binding upon each subcontractor.

(9) The contractor shall take such action with respect to any subcontract as the
CO may direct as a means of enforcing these provisions, including
sanctions for noncompliance; provided, however, that in the event the
contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the contracting
agency, the contractor may request the District to enter into such litigation
to protect the interest of the District.

I.14 COST AND PRICING DATA

Delete Article 25, Cost and Pricing Data, of the Standard Contract Provisions dated July 2010
for use with District of Columbia Government Supplies and Services Contracts.

I.15 SPECIAL PROVISION RELATED TO CITY ADMINISTRATOR’S ORDER 2022-3

Contractors who provide goods or perform services in person in District of Columbia facilities
or worksites (“On-site Contractors”) shall ensure that each of their employees, agents,
subcontractors, and supervised volunteers comply with City Administrator’s Order 2022-3,
Mask Requirements Inside Certain District Government Buildings and Offices, dated April 14,
2022, and all substantially similar mask requirements including any modifications to the Order,
unless and until they are rescinded.

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SECTION J: ATTACHMENTS

The following list of attachments is incorporated into the contract by reference.

Attachment
Number Document
J.1
Government of the District of Columbia Standard Contract Provisions for Use with
the Supplies and Services Contracts (July 2010) available at www.ocp.dc.gov
under Quick Links click on “Required Solicitation Documents”
J.2 U.S. Department of Labor Wage Determination 2015-4282, Revision No. 28, dated
12/26/2023
J.3 Equal Employment Opportunity Employer Information Report and Mayor’s Order
85-85 available at available at http://ocp.dc.gov, under Quick Links click on
“Required Solicitation Documents”
J.4
Department of Employment Services First Source Employment Agreement
available at http://ocp.dc.gov , under Quick Links click on “Required Solicitation
Documents”
J.5 Way to Work Amendment Act of 2006 - Living Wage Notice available at
http://ocp.dc.gov, under Quick Links click on “Required Solicitation Documents”
J.6 Way to Work Amendment Act of 2006 - Living Wage Fact Sheet available at
http://ocp.dc.gov , under Quick Links click on “Required Solicitation Documents”
J.7 First Source Initial Employment Plan (if contract is $300,000 or more) available at
http://ocp.dc.gov, under Quick Links click on “Required Solicitation Documents”
J.8 Tax Certification Affidavit available at http://ocp.dc.gov, under Quick Links click on
“Required Solicitation Documents”
J.9 Subcontracting Plan (if required by law) available at http://ocp.dc.gov, under Quick
Links click on “Required Solicitation Documents”
J.10 Past Performance Evaluation Forms available at www.ocp.dc.gov under Quick Links
click on “Required Solicitation Documents”
J.11 BAA Exhibit A - Identity and Procedure Verification
J.12 DHCF Business Associate Agreement
J.13 Business Associate HIPAA Compliance Status Questionnaire
J.14 HIPAA Regulations available at
https://www.hhs.gov/sites/default/files/hipaa-simplification-201303.pdf

80
Attachment
Number Document
J.15 Sample Notice Process
J.16 Service Level Data
J.17 DCAS Network
J.18 DCAS Architecture Structure