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MURIEL BOWSER
MAYOR
December 16, 2024
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 definitive Contract No. CW121877 with Liberty Healthcare Corporation in the not- to-
exceed amount of $1,490,974.42. The period of performance is November 17, 2024 through
January 31, 2025.
Under the proposed contract, Liberty Healthcare Corporation shall provide Long Term Care
Support Services: (1) intake services, (2) assess applicant programmatic (non-financial) eligibility,
including pre-admission screening and resident review and processing, (3) determine the level of
care, (4) recommend a range of service hours, and (5) refer beneficiaries to home and community-
based
services. The goal of this procurement is to increase the validity, reliability, and overall
quality of the assessment function; improve program integrity; and reduce fraud, waste, and abuse.
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 have your staff
contact Marc Scott, Chief Operating Officer of the Office of Contracting and Procurement, at (202)
724-8759.
I look forward to the Council’s favorable consideration of this contract.
Sincerely,
Muriel Bowser
1
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement
Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Letter Contract)
(A) Contract Number: CW121877
Proposed Contractor: Liberty Healthcare Corporation (Liberty)
Proposed Contractor’s Principals: Kathryn Obert, Chief Operating Officer
(610) 668-8800
kate.obert@libertyhealth.com
Contract Amount: Minimum: $538,624.42
Maximum: $1,490,974.42
Unit and Method of Compensation: Fixed Unit Price
Term of Contract: November 17, 2024 through January 31, 2025
Type of Contract: Indefinite Delivery Indefinite Quantity
Source Selection Method: Emergency Contract
(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: Not-to-exceed (NTE) $1,490,974.42
(November 17, 2024 through January 31, 2025)
(C) The date on which the letter contract or emergency contract was executed:
The letter contract was executed on November 14, 2024.
(D) The number of times the letter contract or emergency contract has been extended:
None
2
(E) The value of the goods and services provided to date under the letter contract or emergency
contract, including under each extension of the letter contract or emergency contract:
NTE $730,475.21
(F) A description of any other contracts the proposed contractor is currently seeking or holds
with the District.:
The contractor does not hold and is not currently seeking any other contracts with the District.
(G) 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 contractor shall provide Long Term Care Support Services to include: (1) intake services, (2)
assess applicant programmatic (non-financial) eligibility, including pre-admission screening and
resident review and processing, (3) determine the level of care, (4) recommend a range of service
hours, and (5) refer beneficiaries to home and community-based services. The goal of this
procurement is to increase the validity, reliability, and overall quality of the assessment function;
improve program integrity; and reduce fraud, waste, and abuse.
(H) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:
The Contracting Officer determined it to be in the best interest of the District to issue an Emergency
procurement to ensure continuity of service while the District finalizes transition activities.
To avoid a break in services, the District awarded a letter contract as a result of the emergency
procurement, in accordance with the 27 DCMR Section 2425. The letter contract was executed on
November 14, 2024, for the period of performance from November 17, 2024, through January 15,
2025, in the amount NTE $730,475.21.
The District awarded a new contract for these services, based on a competitive procurement to
another Contractor. The new contractor is not expected to begin providing services until February 1,
2025 to provide time to complete transition services from Liberty to the new contractor.
Since the District has not finalized the transition process, Liberty is the only contractor that
currently can meet the requirements of the Centers for Medicare & Medicaid Services.
(I) 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
3
(J) The background and qualifications of the proposed contractor, including its organization,
financial stability, personnel, and performance on past or current government or private
sector contracts with requirements similar to those of the proposed contract:
The contractor is providing services to the satisfaction of the District under the current contract. The
contractor has performed these services for the District since 2018.
The proposed contractor has demonstrated through past performance reports that its organization
has the history, organizational and technical experience, including the key personnel, required to
successfully meet the requirements of the proposed contract. Likewise, it has been determined that
the proposed 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 of responsibility.
(K) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
D.C. Official Code § 2-218.01 et seq. (“Act”), including a certification that the subcontracting
plan meets the minimum requirements of the Act and the dollar volume of the portion of the
contract to be subcontracted, expressed both in total dollars and as a percentage of the total
contract amount:
The contractor provided a subcontracting plan with a set-aside of 35% for a total dollar amount of
$521,842. The contracting officer has determined that the plan meets the Department of Small and
Local Business Development requirements.
(L) Performance standards and the expected outcome of the proposed contract:
The Department of Health Care Finance (DHCF) aims to continue to offer long term care services
through the Medicaid State Plan and §1915(c) Home and Community-Based services for
participants and their families by operating an efficient and effective intake and assessment process,
ensuring access to long-term services and supports.
Performance is expected to be in accordance with the contract and all state and federal regulatory
standards, including, but not limited to, 29 DCMR §989 and applicable Medicaid §1915(c) Home
and Community-Based service waivers.
(M) The amount and date of any expenditure of funds by the District pursuant to the contract
prior to its submission to the Council for approval:
NTE $730,475.21
(N) A certification that the proposed contract is within the appropriated budget authority for the
agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:
4
The DHCF Agency Fiscal Officer certified that funding in the amount of $1,490,974.42 is available
to DHCF to support the contract for long term care support services.
(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) 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.
(Q) 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 12, 2024, the Citywide Clean Hands database certified that the contractor is current
with its District taxes.
(R) 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.
(S) 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.:
The contractor is not a certified local, small or disadvantaged business enterprise.
5
(T) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None
(U) 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 6, 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.
(V) 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 an Emergency Contract, dated November 14, 2024
Determination and Findings for Contractor’s Responsibility, dated November 14, 2023
Determination and Findings for Price Reasonableness, dated November 6, 2024
Determination and Findings for a Letter Contract, dated November 6, 2024
(W) Where the contract, and any amendments or modifications, if executed, will be made
available online:
http://ocp.dc.gov
(X) Where the original solicitation, and any amendments or modifications, will be made available
online:
http://ocp.dc.gov
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441 4th Street, N.W., Suite 960N, Washington, D.C. 20001 (202) 442-5988 FAX (202) 478-1373
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Health Care Finance
Office of the Chief Financial Officer
MEMORANDUM
TO: Nancy Hapeman
Acting Chief Procurement Officer
Office of Contracting and Procurement
THRU: Delicia V. Moore
Associate Chief Financial Officer
Human Support Services Cluster
FROM: Darrin Shaffer
Agency Fiscal Officer
Department of Health Care Finance
DATE: November 13, 2024
SUBJECT: Certification of Funding for the Liberty Healthcare Corporation Contract
The Office of the Chief Financial Officer hereby certifies that the sum of $1,490,974.42 is included in the District’s
Local Budget and Financial Plan for Fiscal Year 202 5 to fund the costs associated with the Department of Health
Care Finance’s (DHCF) Liberty Healthcare Corporation contract. This certification supports the Long Term Care
Support Services Liberty Healthcare Corporation contract cost from November 17, 2024 through January 31, 2025.
This fund allocation is as follows:
Vendor: Liberty Healthcare Corporation Contract Number: CW121877
Fiscal Year 2025 Funding: 11/17/24 - 01/31/25
Agency Fund Account Program Cost
Center Project Sub Task Award Split
(%/$) Amount
HT0 1010001 7132001 100194 70273 Blank Blank Blank 55% 820,035.93
HT0 4025002 7132001 100194 70273 200881 25.07 2001984 45% 670,938.49
FY25 Contract Total 1,490,974.42
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.
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
Government Contract Section
MEMORANDUM
TO: Tomás Talamante
Director
Office of Policy and Legislative Affairs
Executive Office of the Mayor, Mayor Muriel Bowser
FROM: Robert Schildkraut
Section Chief
Government Contracts Section
DATE: January 3, 2025
SUBJECT: Approval of Contract for
Contractor: Liberty Healthcare Corporation
Contract Type: Indefinite Delivery, Indefinite Quantity contract with fixed
unit prices and firm fixed price components
Contract Number: CW121877
Contract Amount: Minimum: $538,624.42
Maximum: $1,490,974.424
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
P.P.
DocusignEnvelopeID:7FF431C7-870F-458D-BD5A-S7D3AF11061D
GOVERNMENT OF THE DISTRICTOF COLUMBIA
OfficeofContractingandProcurement
kK *
ficasnewres)
SES]
November1,2024
ChrisGennett,SeniorProposalManagerLibertyHealthcareCorporation401EastCityAvenueSuite820
BalaCynwyd,PA 19004christopher.gennett@LibertyHealth.com
Subject:LetterContractNo.CW121877
Caption:LongTermCareSupportServices
DearChrisGennett,
ThisLetterContractbetweentheDistrictofColumbia(District)andLibertyHealthcareCorporation(Contractor),whereinContractoragreestoperformtheservicessetforthinSectionCofproposedLetterContractNo.CW121877,AttachmentA.
ThisisanIndefinite-DeliveryIndefinite-Quantitywithfixedunitpricesandfirmfixedpricecomponentscontractassetforthinthepricingschedule,AttachmentB.
TheDistrictintendstodefinitizetheLetterContractwithin60daysofNovember17,2024,at
whichtimethisLetterContractshallmergewiththeDefinitizedContract.Beforetheexpiration
ofthe60days,theContractingOfficermayauthorizeanadditionalperiodinaccordancewith
Section2425.9oftheDistrictofColumbiaMunicipalRegulations(27DCMR).IftheDistrict
doesnotdefinitizethislettercontractwithin60daysofNovember17,2024,thedateofawardof
thislettercontractoranyextensionsthereof,thislettercontractshallexpire.Intheeventof
expirationofthislettercontract,theDistrictshallpaytheContractorfortheservicesperformed
underthislettercontractinanamountnot-to-exceed$730,475.21.Innoeventshalltheamount
paidunderthislettercontractoranyextensionsthereof,exceed50% ofthetotaldefinitized
contractamount.
‘TheeffectivedateofthislettercontractshallbeNovember17,2024.Thedurationofthe
definitizedcontractshallbefromNovember17,2024toJanuary31,2025.TheDistrictshallpay
theContractorfortheservicesperformedduringthedurationofthedefinitizedcontractinan
not-to-exceedamountof$1,490,974.42.
‘OneJudiciarySquare,4414thStreetNW.,Suite330South,Washington,DC 20001
(202)727-0252Fax:(202)727-5580
11/14/2024
AWARD/CONTRACT
1. Reserved for later use Page of Pages
1 54
2. Contract Number 3. Effective Date
CW121877 See Box 20C
4. Requisition/Purchase Request/Project No.
5. Issued By: Code 6. Administered by (If other than line 5)
Office of Contracting and Procurement
441 4th Street, N.W., 330 South
Washington, D.C. 20001
Department of Health Care Finance
441 4th Street, N.W., 900 South
Washington, D.C. 20001
7. Name and Address of Contractor (No. street, city, county, state and Zip
Code)
Liberty Healthcare Corporation
401 East City Avenue Suite 820
Bala Cynwyd, PA 19004
8. Delivery
(See Section F)
9. Discount for prompt payment
10. Submit invoices to the Address shown in
(2 copies unless otherwise specified)
Item
Section
G.2.1Code Facility
11. Ship to/Mark For
Department of Health Care Finance
Office of the Director
441 4th Street, N.W., 900 South
Washington, D.C. 20001
Code 12. Payment will be made by
Department of Health Care Finance
Code
13. Reserved for future use 14. Accounting and Appropriation Data
15A. Item 15B. Supplies/Services 15C. Qty. 15D. Unit 15E. Unit Price 15F. Amount
Long Term Care Support Services NTE 1,490,974.42
Total Amount of Contract Not-to-exceed (NTE) $1,490,974.42
16. Table of Contents
(X) Section Description Page (X) Section Description Page
PART I – THE
SCHEDULE
PART II – CONTRACT CLAUSES
X A Solicitation, Offer, and Award 1 X I Contract Clauses 39
X B Contract Type, Suppliers or Service and
Price/Cost
2 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER
ATTACHMENTS
X C Specifications/Work Statement 5 X J List of Attachments 54
X D Packaging and Marking 22 PART IV – REPRESENTATIONS AND INSTRUCTIONS
X E Inspection and Acceptance 23 K Representations, Certifications and Other
Statements of Offerors X F Period of Performance and Deliverables 24
X G Contract Administration 26 L Instructions, conditions & notices to offerors
X H Special Contract Requirements 31 M Evaluation factors for award
Contracting Officer will complete Item 17 or 18 as applicable
17. CONTRACTOR’S NEGOTIATED AGREEMENT (Contractor is required
to sign this document and return one (1) copy to issuing office.) Contractor
agrees to furnish and deliver all items, perform all the services set forth or
otherwise identified above and on any continuation sheets, for the consideration
stated herein. The rights and obligations of the parties to this contract shall be
subject to and governed by the following documents: (a) this award/contract, (b)
the solicitation, if any, and (c) such provisions, representations, certifications, and
specifications, as are attached or incorporated by reference herein.
(Attachments are listed herein.)
18. AWARD (Contractor is not required to sign this document.) Your
offer on Solicitation Number ______, including the additions or changes
made by which additions or changes are set forth in full above, is hereby
accepted as to the items listed above and on any continuation sheets.
This award consummates the contract which consists of the following
documents: (a) the Government’s solicitation and your offer, and (b) this
award/contract. No further contractual document is necessary.
19A. Name and Title of Signer (Type or print) 20A. Name of Contracting Officer
Jarad Dorsey
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 Department of Health Care Finance
Liberty Healthcare Corporation
Herbert T. Caskey, MD, President
CW121877
2
SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND
PRICE/COST
B.1 The District of Columbia Office of Contracting and Procurement (the “District”), on behalf of
the Department of Health Care Finance (“DHCF”) is seeking a contractor to provide: (1)
intake services, (2) assess applicant programmatic (non-financial) eligibility, including pre-
admission screening and resident review and processing, (3) determine the level of care, (4)
recommend a range of service hours, and (5) refer beneficiaries to home and community-
based services. The goal of this procurement is to increase the validity, reliability, and overall
quality of the assessment function; improve program integrity; and reduce fraud, waste, and
abuse.
B.2 The District intends to award one (1) Indefinite-Delivery Indefinite-Quantity (IDIQ) contract
with fixed unit prices and firm fixed price components for the supplies or services specified,
and effective for the period stated.
B.2.1 Delivery or performance shall be made only as authorized by an order issued in accordance
with the Ordering Clause Section G.9.5. The Contractor shall furnish to the District, when
and if ordered, the supplies or services specified in the Schedule B up to and including the
maximum quantity per year according to Section B.3. The District will order at least the
minimum quantity per year. The District will issue one task order at the start of the Contract,
which shall be valid for the base period of performance.
B.2.2 There is no limit on the number of orders that may be issued. The District may issue orders
requiring delivery to multiple destinations or performance at multiple locations.
B.2.3 Any order issued during the effective period of this contract and not completed within that
period shall be completed by the Contractor within the time specified in the order. The contract
shall govern the Contractor's and District's rights and obligations with respect to that order to the
same extent as if the order were completed during the contract's effective period; provided that
the contractor shall not be required to make any deliveries under this contract after January 31,
2025.
B.3 PRICE SCHEDULE
B.3.1 BASE PERIOD
Contract
Line
Item No.
(CLIN)
Item
Description Price Per Unit Quantity
Minimum
Minimum
Total Price
(Unit price x
minimum quantity)
Quantity
Maximum
Maximum
Total Price
(Unit price x
Maximum
quantity)
0001
(C.5.8)
Intake Services $63.00 per
Referral 100 $6,300 3,100 $195,300
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0002
(C.5.9)
Assess
Applicant
Programmatic
(non-financial)
eligibility
$292.00 per
assessment
100 $29,200 2200 $642,400
0003
(C.5.10)
Referral to
Providers
$84.00 per
Referral 100 $8,400 900 $75,600
0004
(C.5.13)
Assessment
Upload
$146.00 per
assessment 1 $146 150 $21,900
Total Price for CLINs 0001 – 0004 Min $44,046 Max $935,200
CLIN Item Description Total Price
0005
(C.5.11)
Establish and implement a Quality Improvement and Integrity
Program $108,995.42
0006
(C.5.12)
Establish and implement a Medicaid Beneficiary and Provider
Customer Support Service $150,209.58
0007
(C.5.13)
Provide related administrative functions including the participation
in administrative hearings $215,120.42
Total Price for CLINs 0005 – 0007 $474,325.42
Pre-Admission Screening and Resident Review (PASRR) Level II screenings and clinicals
CLIN Item Description Unit Price Units Total Price
0008
(C.5.8.6)
Fixed Monthly (Intake Processing, IT and
Admin Support) $19,314 2.5 $48,285
0009
(C.5.8.6)
Serious Mental Illness (SMI) or
Intellectual Disability (ID)/Related
Condition (RC) Evaluation
$328 80 $26,240
0010
(C.5.8.6)
SMI Second Level Review $272 12 $3,264
0011
(C.5.8.6)
ID/RC Second Level Review
$135 12 $1,620
0012
(C.5.8.6)
Psych Evaluation (5%) $204 10 $2,040
Total Price for CLINs 0008 – 0012 NTE $81,449
Grand Total Summary
Total Price for CLINs 0001 – 0004 Min $44,046 Max $935,200
Total Price for CLINs 0005 – 0007 $474,325.42 $474,325.42
Total Price for CLINs 0008 – 0012 $20,253 $81,449
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Base Period Grand Total Summary Min $538,624.42 Max $1,490,974.42
* The Minimum grand total equals the minimum amount of CLINs 0001 through 0004 + CLINs 0005 through
0007 + CLINs 0008 through 0012.
* The Maximum grand total equals the maximum amount of CLINs 0001 through 0004 + CLINs 0005 through
0007 + CLINs 0008 through 0012.
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.
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SECTION C: SPECIFICATIONS/WORK STATEMENT
C.1 SCOPE:
DHCF is seeking a contractor to provide: (1) intake services, (2) assess applicant programmatic
(non-financial) eligibility, including pre-admission screening and resident review and
processing, (3) determine the level of care, (4) recommend a range of service hours, and (5) link
beneficiaries to home and community-based services. the goal of this procurement is to increase
the validity, reliability, and overall quality of the assessment function; improve program
integrity; report health and safety concerns and reduce fraud, waste, and abuse.
DHCF has reformed how Home and Community-Based Long Term Services and Supports
(LTSS) are delivered through the DC Medicaid program. LTSS provide hands-on care to
individuals with ongoing or chronic conditions who need help performing activities that most
people can perform for themselves, e.g., bathing, dressing, feeding themselves, or toileting. The
DC Medicaid program offers LTSS through multiple Medicaid benefits and programs, such as
Personal Care Aide (PCA) Services, 1915(i) Adult Day Health Program (ADHP), nursing
facility services, and home health care services authorized under the DC Medicaid State Plan;
three Medicaid 1915(c) waiver programs that offer more intensive services to persons with
physical or intellectual disabilities; a Money Follows the Person (MFP) program aimed at
helping people living in nursing facilities return to the community; Medicaid Managed Care
Organizations (MCO) that deliver comprehensive Medicaid coverage to enrollees; and the Dual
Choice Dual-Eligible Special Needs Plan (DSNP) and the Program of All-Inclusive Care for the
Elderly (PACE), which each deliver comprehensive Medicaid and Medicare benefits to
enrollees.
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 Regulation DCMR Chapter 50 Title 29
Medicaid Reimbursement for
Personal Care Services available
at: http://www.dcregs.dc.gov/
Most Recent
2 Regulation
DCMR Chapter 99 Title 29
Medicaid Reimbursement for
Services Provided by Home
Health aides available at:
https://dhcf.dc.gov/publication/m
edicaidreimbursement-home-
health-aides-noticeemergency-
and-proposed-rulemaking
Most Recent
3 Regulation
DCMR Chapter 42 Title 29
Elderly and Individuals with
Physical Disabilities (EPD)
Waiver program available at:
Most Recent
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http://www.dcregs.dc.gov/
4 Regulation
District of Columbia State Plan
Supplement 1 to Attachment 3, 1-
B (Text on Personal care – pages
28-30 and Attachment 3.1-C Text
on Personal care – pages 6-7)
available at:
http://www.dcregs.dc.gov/
Most Recent
5 Regulation
District of Columbia State Plan
Supplement 1 to Attachment 3.1-
B (Text on Home health services
pages 8, 9) available at:
http://www.dcregs.dc.gov/
Most Recent
6 Regulation 1915 (i) State Plan Home and
Community-Based Waiver
available at https://dhcf.dc.gov/
Most Recent
7 Regulation
Registered Nurses (RN’s) 29
DCMR, Section 5008
Most Recent
8 Regulation
DCMR Chapter 97 Title 29 Adult
Day Health Program
Most Recent
9 Regulation DCMR Chapter 42 Title 29
Intellectual and Developmental
Disabilities Waiver program
available at:
http://www.dcregs.dc.gov/
Most Recent
10 Contract DHCF Managed Care Contracts
available at
https://contracts.ocp.dc.gov/contr
acts/search
Most Recent
11 Regulation DCMR Chapter 42 Title 29
DHCF Dual Special Needs Plan
available at
http://www.dcregs.dc.gov/
Most Recent
12 Regulation DCMR Chapter 42 Title 29
Program for All-Inclusive Care
for the Elderly (PACE) located at
http://www.dcregs.dc.gov/
Most Recent
13 Contract DHCF CASSIP Contract located
at http://www.dcregs.dc.gov/
Most Recent
14 Regulation Health Program Services
available at:
http://www.dcregs.dc.gov/
Most Recent
15 Regulation DCMR Section 989 of Chapter 9,
Long Term
Care Services and Supports
Assessment Process available at
http://www.dcregs.dc.gov/
Most Recent
16 Statute D.C. Health Occupations March 25,
1986
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Revision Act of
1985, D.C. law 6-99; D.C.
Official Code, Section 3-1201
17 Website ePrescription Order Form –
Process available at
https://dhcf.dc.gov/
Most Recent
18 Transmittal Medicaid Update: Transmittal 17-
19 Revised Procedures for
Nursing Facility Recertifications
and Out-of-District Placements
August 1,
2017
19 Transmittal Transmittal 17-18: Level of Care
Process
Changes for Long-Term Care
Services and
Supports available at
https://dhcf.dc.gov/
July 28,
2017
20 Transmittal Medicaid Update: Transmittal 17-
15 Language Access Services
available at https://dhcf.dc.gov/
June 23,
2017
21 Transmittal Medicaid Update: Transmittal 17-
09 Out-of State Nursing Facility
Placement and Review
Procedures available at
https://dhcf.dc.gov/
April 20,
2017
22 Website ePASRR Form available at
https://dhcf.dc.gov/
Most Recent
23 Website Attestation Form for Nursing
Facility available at
https://dhcf.dc.gov/
Most Recent
25 Website Provider Choice Form
https://www.dc-careconnect.com
Most Recent
26 Website Denial/Acceptance Letters for
EPD and Nursing Facility
Services https://www.dc-
careconnect.com
Most Recent
27 Website New HHA Referral Form with
Reasons for Denials
https://www.dc-careconnect.com
Most Recent
C.3 DEFINITIONS
These terms when used in this contract have the following meanings:
C.3.1.1 Adult Day Health Program (ADHP): A program that offers services designed to
encourage older adults to live in the community by offering non-residential medical supports
and supervised therapeutic activities in an integrated community setting that foster
opportunities for community inclusion.
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C.3.1.2 Clinical Case Management System - The District’s electronic case management system
that manages clinical records.
C.3.1.3 Conflict-Free Assessment: A comprehensive and independent assessment completed by
DHCF’s authorized agent who is not affiliated with the service provider.
C.3.1.4 Elderly and Persons with Physical Disabilities (EPD) Waiver Program: The District of
Columbia’s federally approved 1915 (c) Medicaid Home and Community Waiver Program
for seniors (age 65 and above) and Persons with physical disabilities (ages 18-64).
C.3.1.5 Face-to-Face Assessment: An assessment that is conducted in person by a Registered
Nurse, or clinician as identified by DHCF, to determine an applicant’s need for long-term
care services.
C.3.1.6 Financial Abuse: Provider practices that are inconsistent with sound fiscal, business, or
medical practices, and result in an unnecessary cost to the Medicaid program or in
reimbursement for services that are not medically necessary or that fail to meet
professionally recognized standards for health care. It also includes recipient practices that
result in unnecessary cost to the Medicaid program.
C.3.1.7 Fraud: An intentional deception or misrepresentation made by a person with the knowledge
that the deception could result in some unauthorized benefit to himself or some other person.
It includes any act that constitutes Fraud under applicable Federal or State law.
C.3.1.8 Incomplete ePOF: Any Prescription Order Form that is missing the following accurate
data: Medicaid number (if applicable), date of birth, DC Medicaid provider number,
National Provider Identifier number, identified chronic medical conditions, clear indication
of what activities of daily living the Beneficiary is unable to perform.
C.3.1.9 Initial Assessment: The first comprehensive assessment (face-to-face) completed by a
Registered Nurse (or clinician as identified by DHCF) on an individual who has not
previously received the comprehensive assessment.
C.3.1.10 Long Term Services and Supports (LTSS) Assessment Tool(s) (LTC Assessment
Tool(s)): A standardized assessment tool or tools used to determine each Person’s level of
care for LTSS pertaining to his or her assessed cognitive/behavioral, functional and skilled
care needs.
C.3.1.11 Long Term Services and Supports (LTSS): A full array of quality services and supports
that allow older adults and people with disabilities to assure optimal outcomes such as
independence, improved health and quality of life. These crucial services include
assistance with activities of daily living which may be provided in institutional or facility-
based settings, and supports and services provided in the community and in a Person’s
home.
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C.3.1.12 Medicaid Management Information System (MMIS): The DC Medicaid program’s
integrated group of procedures and computer processing operations designed to
adjudicate Medicaid claims and process encounter data for the Medicaid program.
C.3.1.13 Person/Beneficiary: A person receiving or applying for long term care services.
C.3.1.14 Personal Care Aide (PCA) Services: Services that are provided to individuals because
they are unable to perform one or more Activities of Daily Living (ADL) such as bathing,
dressing, toileting, ambulation, or feeding oneself as a result of a medical condition
and/or cognitive impairment causing a substantial disability. PCA Services shall include,
but are not limited to, the services set forth in 29 DCMR Section 5006.7.
C.3.1.15 Preadmission Screening Resident Review (PASRR): A federal requirement to help
ensure that individuals are not inappropriately placed in nursing homes for long term care.
PASRR ensures the following: (1) that all applicants to a Medicaid-certified nursing
facility be evaluated for mental illness and/or intellectual disability; (2) that services are
offered in the most appropriate setting for their needs (in the community, a nursing
facility, or acute care setting); and (3) that individuals receive the services they need in
those settings.
C.3.1.16 Prescription Order Form (ePOF): An electronic Prescription Order Form is an order by
a DC Medicaid enrolled physician or APRN used to verify that an individual needs LTC
services.
C.3.1.17 Reassessment: A comprehensive Face-to-Face Assessment conducted by a Registered
Nurse (or clinician as identified by DHCF) annually, upon receipt of a complete electronic
Prescription Order Form (ePOF), whereby an initial Face-to-Face Assessment had been
conducted and (a) an annual assessment is due for Medicaid recertification, (b) as the result
of a change in the individual’s healthcare condition or acuity level, (c) requested by the
Contract Administrator (CA) at the discretion of DHCF after an Initial Assessment has been
conducted, or (d) is requested by an administrative law judge.
C.3.1.18 Reconsideration/Redetermination: An internal administrative review of a Person’s
approved services conducted by DHCF when a Person disputes the frequency, scope and/or
duration of said services.
C.3.1.19 Reduction Notice: Notice sent to an individual who is currently receiving long term care
services and supports but is now assessed to require less than the current amount,
frequency, duration and scope of long term care services.
C.3.1.20 Referral: A complete electronic Prescription Order Form (ePOF) signed by a DC
Medicaid-enrolled physician or APRN, or written request from DHCF to the Long Term
Services and Supports (LTSS) contractor to initiate the face-to-face conflict-free
assessment using the most current LTC Assessment Tool(s).
C.3.1.21 Registered Nurse: A person who is licensed or authorized to practice medicine pursuant
to the District of Columbia Health Occupations Revision Act of 1985, effective March
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25, 1986 (D.C. law 6-99; D.C. Official Code, Section 3-1201. In addition to the
requirements of the District of Columbia Health Occupations Revision Act of 1958, these
persons must have excellent skills for clinical assessment, organization, communication
and information technology skills and can work independently for the purposes of this
contract.
C.3.1.22 Termination Notice: Notice sent to an individual who is currently receiving LTC
services but is assessed to no longer be eligible for LTSS.
C.4 BACKGROUND
DHCF is the District of Columbia’s State Medicaid Agency. The mission of DHCF is to
improve health outcomes by providing access to comprehensive, cost-effective, and quality
healthcare services for residents of the District of Columbia. The Long Term Care
Administration within DHCF is responsible for managing the delivery of Long Term
Medicaid benefits, which are delivered through a variety of programs. These include PCA
Services, ADHP, nursing facility services, and home health care services authorized under
the DC Medicaid State Plan; three Medicaid 1915(c) waiver programs that offer more
intensive services to Persons with physical or intellectual disabilities; a MFP program aimed
at helping people living in nursing facilities return to the community; MCO that deliver
comprehensive Medicaid coverage to enrollees; and the DSNP and the PACE, which each
deliver comprehensive Medicaid and Medicare benefits to enrollees.
C.5 REQUIREMENTS
C.5.1 The Contractor shall, through the LTSS assessment, process and determine functional
eligibility for all LTSS including EPD Waiver, PCA, nursing facility, ADHP, and any
future programs.
C.5.2 The Contractor shall track the receipt of ePOFs to manage the requests for LTSS. This
includes conducting follow-up on any Incomplete ePOFs to ensure that missing
information is added/updated for processing.
C.5.3 Upon receipt of a complete ePOF, the Contractor shall assess or reassess an
applicant’s level of need for LTSS including EPD Waiver, PCA, nursing facility, or
ADHP using the LTSS Assessment Tool (s) as determined by DHCF. The Contractor
shall use the LTSS Assessment Tool (s) for Assessments/Reassessments and
determinations of EPD/nursing facility level of need and shall also document all
related information in DHCF’s electronic case management system. The Contractor
will be notified within thirty days of any changes or implementation of a new LTC
Assessment Tool (s).
C.5.4 Beneficiaries seeking ADHP who received a LTSS assessment within nine months
from the receipt date of an ePOF will not require a Face-to-Face Assessment for
ADHP services. In these instances, the Contractor shall conduct a desk review of the
ePOF and LTSS assessment documents as needed to determine if the Person meets
eligibility requirements for ADHP services, including physician certification of
chronic conditions.
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C.5.5 For beneficiaries seeking nursing facility placement without a Face-to-Face Assessment
within the last nine months, the Contractor, upon receipt of a complete ePOF, shall
conduct a new Face-to-Face Assessment to verify the nursing facility level of care
(LOC) is still met.
C.5.6 The Contractor shall conduct Reassessments for all applicable enrollees for the
following reasons:
C.5.6.1 In instances when an annual assessment is required for service authorization or
Medicaid eligibility determination purposes, as determined clinically necessary by a
physician or Advanced Practice Registered Nurse (APRN) who has had a prior
professional relationship with the individual that included an examination(s) provided
in a hospital, physician/APRN’s office, nursing facility, or at the individual’s home
prior to the order for the services;
C.5.6.2 When there is a change in the individual’s healthcare condition or acuity level as
attested by the appropriate provider;
C.5.6.3 When requested by the CA at the discretion of DHCF after an Initial Assessment has
been conducted; or
C.5.6.4 Is requested by an administrative law judge.
C.5.7 The Contractor shall conduct assessments for Medicaid LTSS services when ordered
in writing by a physician or Advanced Practice Registered Nurse (APRN) who has
had a prior professional relationship with the individual that included an
examination(s) provided in a hospital, physician/APRN’s office, nursing facility, or at
the individual’s home prior to the order for the services.
C.5.8 Intake:
C.5.8.1 The Contractor shall receive requests in the form of a complete ePOF for assessment
for LTSS by mail, e-fax, or other electronic system or means. The Contractor shall
upload the ePOF to the Clinical Case Management System.
C.5.8.2 The Contractor shall contact the Referral source, Person, or Person’s representative as
needed to ensure that a valid and complete ePOF for LTSS has been received by the
Contractor, according to procedures outlined by the District.
C.5.8.3 The Contractor shall document the date the ePOF was received. In the event the ePOF
received from the Referral source is incomplete, the Contractor shall document the
error in the Clinical Case Management System, and make at least three attempts to
contact the Referral source to obtain missing information.
C.5.8.4 Following assessment, the Contractor shall refer, via the electronic case management
system, the Person to the applicable programs for which they qualify.
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C.5.8.5 The Contractor shall contact the Person or Person’s within 72 hours (not later than
three business days) of receipt of a completed ePOF and schedule an appointment to
conduct a face-to-face comprehensive assessment to determine the level of need for
LTSS using the LTC Assessment Tool(s).
C.5.8.6 The Contractor shall provide weekend/holiday coverage for hospital discharge
assessment requests daily from 8:15 AM to 4:45 PM. The Contractor shall contact the
Person on the day of receipt of a complete ePOF and the Preadmission Screening and
Resident Review (PASRR), if applicable, to ensure that the assessment is conducted
and the assessment determination is issued within forty-eight (48) hours of the receipt
of a complete ePOF and PASRR. If the PASRR review requires a Level II PASRR,
the Contractor shall perform the Level II review and submit results back to the
requestor in compliance with federal guidelines. Section 1919(b)(3)(F) of the Social
Security Act prohibits nursing facilities from admitting any new resident who has a
serious mental illness (SMI) or an intellectual disability or related condition (ID/RC),
unless it has been determined by the State Mental Health Authority (SMHA) or State
Intellectual Disability Authority (SIDA) that because of the physical and mental
condition of the individual, nursing facility services are needed.
C.5.8.7 At any time a Face-to-Face Assessment is required, the Contractor shall reference the
language access line for beneficiaries that do not speak English as their first language
and require additional assistance with comprehension of the assessment documents or
accurate completion of assessment(s).
C.5.8.8 The Contractor shall, provide initial and annual staff training on Cultural Competency
and print all required outreach materials provided by DHCF in the required languages
to disseminate to non-English speaking beneficiaries.
C.5.9 Assess Applicant Eligibility/Need for Services
C.5.9.1 The Contractor shall assess Medicaid Beneficiary/applicant eligibility and need for
services according to the following:
C.5.9.1.1 The Contractor shall conduct an initial, comprehensive Face-to-Face Assessment of
each applicant’s programmatic (non-financial) eligibility for LTSS using the LTC
Assessment Tool(s). The Contractor shall employ a Registered Nurse (or clinician as
identified by DHCF) to meet this requirement. The Face-to-Face Assessment using a
DHCF-designated tool or tools shall:
C.5.9.1.1.1 Confirm and document the Person’s functional limitations, cognitive/behavioral and
skilled care needs, including medication management, in accordance with DHCF
regulations and policy guidance; and
C.5.9.1.1.2 Be conducted in consultation with the Person and his/her representative and support
team; unless notified by the Person, of the need for family or others in attendance, to
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respond to the Person with his/her consent as documented in the appropriate section
of the LTC assessment tool.
C.5.9.1.2 The Contractor shall issue an assessment determination that specifies the Person’s
level of need for LTSS for which the Person is eligible as outlined by DHCF.
C.5.9.1.3 The Contractor shall conduct an Initial Assessment of the applicant's needs within
three business days from the receipt of the complete ePOF, unless the Person’s
condition requires that an assessment be conducted sooner to expedite the provision of
services to that Person, or the Person has requested a later date for the assessment. For
hospital discharges, the contractor shall contact the Person within the first eight
business hours of the receipt of a complete ePOF to ensure that the assessment is
conducted, and the assessment determination is issued within forty-eight (48) hours of
the submission of a complete ePOF.
C.5.9.1.4 The Contractor shall complete an assessment used to determine the extent to which
the applicant meets the criteria for receiving LTSS services including PCA, nursing
facility services, EPD Waiver, and ADHP services consistent with DC Medicaid
regulations in 29 DCMR.
C.5.9.1.5 The Contractor shall issue the Person an Administrative Decision Letter in accordance
with DHCF policies and procedures to indicate approval or denial for services.
C.5.9.1.6 The Contractor shall issue denial notices when the Contractor has made three separate
attempts to reach the Person; if the Medicaid Code/Program Code is determined to be
ineligible for LTSS; or if the Person does not meet the eligibility criteria for LTSS.
C.5.9.1.7 If during the assessment the contractor identifies needs outside the scope of services
offered under LTSS, the contractor shall document these needs on the LTC
assessment tool/determination sheet and make a Referral to an appropriate entity
based upon DHCF guidance, the Department of Aging and Community Living
(DACL) or additional assistance, community-based services, and person-centered
service planning as appropriate, and explain brochures or fact sheets on applicable
services.
C.5.9.1.8 Upon assessment, when the contractor identifies Persons eligible who express interest
in 1915(i) services, the Contractor shall make the Referral to DACL for person-
centered plan development and provider attestation.
C.5.10 Referral to LTSS Providers:
C.5.10.1 The Contractor shall initiate applicable Referrals within twenty-four (24) hours of
completion of the Person’s assessment to LTSS providers that can provide the
amount, duration, and scope of care authorized by the contractor. For hospital
discharges, the Contractor shall refer the case to an LTSS provider within 24 hours of
receipt of a complete ePOF.
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C.5.10.2 The Contractor shall provide unbiased information to the Person to enable him/her to
choose a provider if the Person does not have a stated preference of a provider. The
provider to whom each Person’s case shall be referred shall be determined by the
Person’s choice or preference.
C.5.10.3 The Contractor’s Referral of the Person’s case to an LTSS provider that can provide
the care authorized by the contractor shall include: (1) a copy of the physician’s or
Advanced Practice Registered Nurse’s order in the form of a complete ePOF; (2) a
copy of the assessment conducted by the Contractor; and (3) the range of LTSS for
which the individual is eligible as determined by the Face-to-Face Assessment.
C.5.10.4 For applicable Referrals, the Contractor shall, with the Person or the Person’s
authorized representative, collect the Person’s choice of six providers. The contractor
shall manage the provider acceptance process and request prior authorization for
service delivery.
C.5.10.5 The Contractor shall provide a summary of DHCF’s “HHA Referral and Reasons for
Denial Form” on a weekly basis.
C.5.10.6 The Contractor shall secure notice in writing from providers of their acceptance and
refusal of referred Person’s case to an LTSS provider and ensure that a reason for
denial is indicated on the reasons for denial form.
C.5.11 Quality Improvement and Integrity Program:
C.5.11.1 The Contractor shall establish and implement a Quality Improvement and Program
Integrity (QI/PI) plan to include the following:
C.5.11.1.1 The Contractor shall establish and implement a detailed QI/PI plan approved by
DHCF which addresses the requirements of this Contract.
C.5.11.1.2 The Contractor shall use methods to promote QI/PI to include home visits and
responding to Beneficiary complaints related to services authorized by the Contractor.
C.5.11.1.3 The Contractor shall develop and calculate metrics of provider performance approved
by DHCF that address the provision of authorized services.
C.5.11.1.4 The Contractor shall work with DHCF’s High-Risk Triage Team to analyze
authorization, Referrals and utilization of services to develop strategies to increase
cost effective care that improves health outcomes and increases satisfaction with
programs.
C.5.12 Medicaid Beneficiary and Provider Customer Support Service:
C.5.12.1 The Contractor shall establish and implement a Medicaid Beneficiary and Provider
Customer Support Service to include the following:
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C.5.12.1.1 The Contractor shall provide a toll-free telephone number that provides a 24-hour, 7
days per week point of contact with the Contractor for potential beneficiaries
(Persons), enrolled Persons, referring or ordering providers, and providers delivering
LTSS to DC Medicaid beneficiaries. The Contractor’s phone number shall have TTY
services available as well as a language translation line as needed.
C. 5.12.1.2 The Contractor shall provide interpreters for potential and current beneficiaries who
are non-English speakers and for potential and current beneficiaries who use
alternative means of communication, such as sign language.
C.5.12.2 The Contractor shall provide Persons with information about whom to contact in case
of an emergency.
C.5.13 Administrative Functions/Administrative Hearings:
C.5.13.1 The Contractor shall provide related administrative functions to include the following
and participate in administrative hearings as follows:
C.5.13.1.1 The Contractor shall provide to DHCF, within two weeks of award of the contract, a
plan that documents the actions that the Contractor shall take to ensure the Contractor
is able to perform all contract services within ninety (90) calendar days of award.
Upon DHCF’s receipt of the plan, the Contractor shall meet with DHCF as follows:
C.5.13.1.1.1 Meet with DHCF at DHCF offices to receive DHCF comments on its transition plan
and make any necessary changes identified by DHCF. The Contractor shall submit the
revised transition plan based on DHCF’s comments.
C.5.13.1.1.2 Meet with DHCF on a weekly basis, in person or via conference call, to report on
progress implementing all contract functions within ninety (90) days of contract
award.
C.5.13.2 The Contractor shall provide documentation in a format and manner approved by
DHCF of the quantity and type of services described heretofore. All documentation
pertaining to this contract shall be kept and maintained within the District of
Columbia.
C.5.13.3 The Contractor shall devise and implement policies and procedures approved by
DHCF to ensure compliance with the Health Insurance Portability and Accountability
Act of 1996 (HIPAA) Privacy and Security Rules to ensure the protection of
individually identifiable health information.
C.5.13.4 The Contractor shall devise and implement policies and procedures approved by
DHCF to prevent Fraud and Financial Abuse, and to detect and report instances of
Fraud and Financial Abuse to DHCF when it has occurred or is suspected to have
occurred.
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C.5.13.5 The Contractor shall devise and implement a plan approved by DHCF to enable the
transition of all contract services to a new Contractor in the event of the Contractor’s
failure to meet the terms and obligations of this contract, or when a new Contractor is
selected as part of a regularly scheduled re-procurement of these services.
C.5.13.6 The Contractor shall participate in administrative hearings when such a hearing is
scheduled in response to a Person’s appeal of a denial or reduction of service authorized
by the Contractor, as determined necessary by DHCF as follows:
C.5.13.6.1 Prepare all necessary documentation requested by DHCF; and
C.5.13.6.2 Make available for in-person participation in the administrative hearing the
Contractor’s Registered Nurse (or clinician as identified by DHCF) who conducted
the Face-to-Face Assessment and/or service authorization to provide documentation
and testimony as determined necessary by the DHCF or the Administrative Hearing
Officer.
C.5.13.7 The Contractor shall conform its operational practices to any modifications DHCF
makes to its rules or regulations that govern LTSS service delivery.
C.5.13.8 The Contractor shall develop a transparent system to manage the requests for LTSS
assessments and ensure that assessments are completed on a timely basis and
Medicaid eligibility is maintained.
C.5.14 No Conflicts of Interest:
C.5.14.1 The Contractor shall not have any conflicts of interests or ownership rights with any
entity that could benefit from the service authorizations that are the subject of this
procurement. Such conflicts of interests and ownership rights include, but are not
limited to:
C.5.14.1.1 A direct or indirect ownership or investment interest (including an option or non-
vested interest) by the Contractor in any LTSS provider. This interest may be in the
form of equity, debt, or other means, and includes any indirect ownership or
investment interest; or
C.5.14.1.2 A compensation arrangement with any home health agency or other agency involved
in the provision of LTSS.
C.5.14.2 The Contractor shall submit a signed notarized statement certifying no conflict of
interest with any entity that could benefit from the service authorizations that are the
subject of this procurement. The Contractor shall submit the statement within ten (10)
days of contract award, and annually on the anniversary of the award date of the
contract.
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C.5.15 Location of Services:
C.5.15.1 The Contractor shall perform the services described herein at sites located within the
District of Columbia, including but not limited to nursing homes contracted with DC
Medicaid (full list found at https://dchealth.dc.gov/service/nursing-homes-directory),
hospitals where beneficiaries may be admitted within the District of Columbia,
Maryland, and Virginia (within a 60 mile radius of the District of Columbia).
C.5.16 Reports:
C.5.16.1 The Contractor shall provide the following reports containing the following information:
C.5.16.1.1 Report per service detailing unduplicated Referrals for LTSS, total number of initial
requests and recertification requests on a monthly basis.
C.5.16.1.2 For EPD waiver requests, a report that includes the total number of Initial
Assessments and Reassessments completed and total LOC denials on a monthly basis.
C.5.16.1.3 Number of Face-to-Face Assessments scheduled, number of Face-to-Face
Assessments completed, and a detail of any barriers to completion on a weekly basis.
C.5.17 Key Personnel and Additional Required Staff
C.5.17.1 The Contractor shall ensure that the Contractor’s organizational structure is sufficient
to serve the needs of DHCF. The Contractor’s staffing plan should include the
following key personnel:
C.5.17.1.1 Project Director
C.5.17.1.1.1 The Contractor’s Project Director shall serve as the single point of contact for DHCF
and maintain overall responsibility for the successful execution of the required
services.
C.5.17.1.1.2 The Contractor’s Project Director shall have the authority to make decisions on behalf
of the Contractor.
C.5.17.1.1.3 The Contractor’s Project Director shall have a Master’s (or other advanced degree)
degree in health care administration or related field and at least three years of
Medicaid-specific utilization and quality control experience.
C.5.17.1.2 Project Manager
C.5.17.1.2.1 The Contractor’s Project Manager shall provide broad, cross-cutting support in a
variety of areas critical to the successful delivery of the required services. The
Contractor’s Project Manager shall work from the Contractor’s Washington, DC
office(s).
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C.5.17.1.2.2 The Contractor’s Project Manager shall have a minimum of a Master’s degree in
health care administration or related field, nursing or business administration, and
three years of Medicaid-specific utilization review and quality improvement
experience, or a Bachelor’s degree and five years of Medicaid-specific utilization
review and quality improvement experience.
C.5.17.1.2.3 The Contractor’s Project Manager shall dedicate one hundred percent (100%) of their
time to the contract requirements as specified in this document.
C.5.17.1.3 Medical Director – Clinical/Medical Consultation
C.5.17.1.3.1 The Contractor’s Medical Director shall provide clinical/medical consultation,
guidance, leadership and quality assurance for the implementation of practices to
promote the appropriate care of DC Medicaid beneficiaries receiving long term care
services and supports. The Medical Director shall be licensed as a physician in
accordance with the District of Columbia Health Occupations Revisions Act of 1985,
effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201 et seq. (2007
Repl. & Supp.) The Medical Director shall have an unrestricted license to practice in
the District of Columbia and a minimum of three years of experience working with
adults with disabilities and/or age 55 and older.
C.5.17.1.4 Assessors
C.5.17.1.4.1 The Contractor’s Registered Nurses responsible for assessing applicant eligibility for
LTSS shall be licensed as a Registered Nurse (RN) in the District of Columbia and
have a minimum of three years of professional clinical experience to include
emergency room or ICU experience and community-based long-term care assessment.
C.5.17.1.4.2 The Contractor’s Social Workers responsible for assessing applicant eligibility for
LTSS shall be licensed as an Independent Clinical Social Worker (LICSW) in the
District of Columbia and have a minimum of three years of professional clinical
experience to include emergency room or ICU experience and community-based
long-term care assessment.
C.5.17.1.4.2 Seventy-five percent of the Contractor’s staffing for RN or LICSW assessors shall be
full-time employees.
C.5.17.1.5 Quality Improvement Manager
C.5.17.1.5.1 The Contractor’s Quality Improvement Manager shall develop and implement the
Contractor’s QI/PI Plan (C.5.11), including the integration of continuous quality
improvement initiatives to improve the delivery, quality or effectiveness of the
Contractor’s service delivery.
C.5.17.1.5.2 The Contractor’s Quality Improvement Manager shall attend monthly performance
meetings with the CA and provide feedback on the findings of the monitoring
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activities, opportunities identified for performance improvement, and action steps
required to implement initiatives or complete any corrective actions.
C.5.17.1.5.3 The Contractor’s Quality Improvement Manager shall have a minimum of a
Bachelor’s degree and experiences in quality assurance, evaluation, and performance
measurement in the health care industry with two years of Medicaid-specific
utilization and quality control experience.
C.5.17.1.6 Data Analysis Manager
C.5.17.1.6.1 The Contractor’s Data Analysis Manager shall oversee and coordinate the production
of required reports and deliverables, certifying the accuracy of all information
submitted to the District.
C.5.17.1.6.2 The Contractor’s Data Analysis Manager shall play a key role in the Contractor’s
continuous quality improvement efforts through the production of reports and analysis
of data gathered.
C.5.17.1.6.3 The Contractor’s Data Analysis Manager shall have a minimum of a Bachelor’s
degree and three years of professional experience in health care data analysis.
C.5.17.1.7 Additional Staffing Requirements
C.5.17.1.7.1 The Contractor shall include the following additional staff as required to successfully
perform the required services as outlined in this contract:
C.5.17.1.7.1.1 Senior Review Managers
Senior Review Managers shall be Registered Nurses with a Bachelor's degree and a
minimum of five years of medical experience and three years of Medicaid-specific
utilization and quality review experience.
C.5.17.1.7.1.2 Medical Reviewers
The Contractor shall employ Registered Nurses or physician reviewers who have a
minimum of three years of medical experience in the areas under review and one year
of utilization review and quality improvement experience to perform medical review
activities. The Medical Reviewers shall be located at the Contractor's Washington,
DC office(s).
C.5.17.1.7.1.3 Non-Medical Reviews
Non-medical reviews may be performed by trained technicians. Non-medical reviews
are activities where no clinical judgment is needed to perform the activity.
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C.5.17.1.7.1.4 HIPAA Compliance Officer
The HIPAA Compliance Officer shall be responsible for the development and
implementation of HIPAA compliance requirements, as well as monitoring adherence
with said requirements.
C.5.17.1.8 Information Systems Manager
C.5.17.1.8.1 The Contractor’s Information Systems Manager shall work directly with the Data
Analyst Manager and DHCF staff to efficiently utilize information technology systems
to improve quality of service and quality of care delivery.
C.5.17.1.8.2 The Contractor’s Information Systems Manager shall have a minimum of a Bachelor’s
degree in information technology or a related field, and three years of Medicaid-specific
technology system related experience.
C.5.17.1.8.3 The Contractor’s Information Systems Manager shall dedicate one hundred percent
(100%) of their time to the contract requirements as specified in this document.
C.5.18 Start-Up Plan
C.5.18.1 The Contractor shall provide a start-up plan that shall at a maximum be completed
within 30 days of contract award. The contractor shall coordinate with the DHCF CA
in the development and implementation of start-up plan.
C.5.18.2 The Contractor shall provide resumes of Registered Nurses (or other licensed
clinicians as identified by DHCF) as described in C.5.17.1.4 selected to begin services
as outlined in Section C. All Registered Nurses and licensed clinicians assigned
during the contract period are required to attend an orientation with the DHCF CA
prior to performing services as described in Section C.
C.5.18.3 The Contractor shall include in its start-up plan available policies/procedures for each
CLIN to be implemented in Sections B.3.1 – B.3.5.
C.5.18.4 The Contractor shall include in its start-up plan its procedures for notifying and
educating the providers/beneficiaries on its processes to be used in providing the
services in Section C.
C.5.18.5 The Contractor shall include in its start-up plan a training plan for its staff on the
District's process, policies, and procedures for completing services.
C.5.19 Readiness Assessment
C.5.19.1 The Contractor shall demonstrate evidence of readiness relative to each requirement
and function in Section C prior to undertaking any of the services or functions of the
Contract. Readiness assessments will begin within 90 days of the contract start date,
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and prior to the start of services. The Readiness Assessment review may include a site
visit to the Contractor's office(s).
C.5.20 Corrective Action Plan
C.5.20.1 The Contractor shall develop and implement a corrective action plan, reviewed and
approved as acceptable to the DHCF CA, if the Contractor does not meet readiness
assessment requirements.
C.5.21 Transitional Exit Plan
C.5.21.1 The Contractor shall provide sufficient experienced personnel during the transition
exit period to ensure that services called for by this contract are maintained at the
required level of proficiency. The Contractor shall disclose necessary personnel
records and allow any successor to conduct on-site interviews with these employees.
If selected employees are agreeable to the change, the Contractor shall release them at
a mutually agreeable date and negotiate transfer of their earned fringe benefits to the
successor.
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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
Standard Contract Provisions for use with Supplies and Services Contracts, dated July 2010.
(Attachment J.1)
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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
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
F.1.1 The term of the contract shall be from November 17, 2024 through January 31, 2025.
F.1.2 The letter contract awarded to the Contractor on November 14, 2024 for the term of November
17, 2024 through January 15, 2025 for the services covered by the Letter contract is
incorporated and merged with this definitized contract.
F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT
F.2.1 RESERVED
F.3 DELIVERABLES
The Contractor shall perform the activities required to successfully complete the District’s
requirements and submit each deliverable to the CA identified in section G.9 in accordance with
the following:
CLIN Deliverable Quantity Format/Method
of Delivery Due Date
0007
(C.5.18) Start-up Plan 1 PDF
Ongoing plan
provided by
Contractor.
0003
(C.5.10)
Report per service detailing
unduplicated Referrals for PCA,
nursing facility, ADHP or EPD
waiver services
12 Microsoft Word
or Excel
Monthly on the 15th
of the month
following the
reporting period
0002
(C.5.9)
For EPD waiver requests, a report
that includes total number of
Initial Assessments and
Reassessments completed total
number of case manager
attestations, and total number of
LOC denials.
12
Microsoft Word,
Excel or
PowerPoint
Monthly on the 15th
of the month
following the
reporting period
0003
(C.5.10)
Issue Referrals for the delivery of
PCA and ADHP services (or any
additional services added) within
24 hours of completion of the
Face-to-Face Assessment.
8,000
The District’s
Clinical Case
Management
System
Within 24 hours of
completion of the
Face-to-Face
Assessment
0003
(C.5.10)
Provide a summary of DHCF’s
“HHA Referral and Reasons for
Denial Form” on a weekly basis.
36
Microsoft Word,
Excel or
PowerPoint
Weekly
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0005
(C.5.11)
Quality Improvement/Program
Integrity Plan
4 PDF
Status to be
reported quarterly
at a minimum
0007
(C.5.12)
Phone and email details for the
Contractor’s customer support
information for Beneficiary and
provider use
1 PDF
Annually, or
sooner if there is a
change
0006
(C.5.12)
Unduplicated count of the number,
type (category of caller) and
method of contact (e.g., phone,
TTY, fax, use of language line),
and disposition of calls received
for PCA, nursing facility, EPDW,
or ADHP services.
12
Microsoft Word,
Excel or
PowerPoint
Monthly on the 15th
of the month
following the
previous month.
0007
(C.5.13)
Transition plan that documents the
actions that the Contractor shall
take to ensure the Contractor is
able to perform all contract
services within 90 calendar days
of the award of the contract.
1 PDF
Original plan
provided by
Contractor.
0007
(C.5.13)
Policies and procedure to ensure
compliance with the Health
Insurance Portability and
Accountability Act of 1996
(HIPAA).
1 Microsoft Word
or PDF
Original policies
provided by
Contractor.
Updated policies
to be reported at
annually.
0007
(C.5.13)
Policies and procedures to prevent
Fraud and Financial Abuse, and to
detect and report instances of
Fraud and Financial Abuse to
DHCF when it occurred or is
suspected to have occurred.
1
Microsoft Word
or PDF
Original policies
provided by
Contractor.
Updated policies
to be provided
annually.
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 monthly or as otherwise specified in 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.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 PAYMENT
G.4.1 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 for which the
price is stated in the Schedule in Section B"; and
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c) Presentation of a properly executed invoice.
G.5 ASSIGNMENT OF CONTRACT PAYMENTS
G.5.1 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.5.2 Any assignment shall cover all unpaid amounts payable under this contract, and shall not be
made to more than one party.
G.5.3 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).”
G.6 THE QUICK PAYMENT ACT
G.6.1 Interest Penalties to Contractors
G.6.1.1 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 1.5% 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.6.1.1.1 The date on which payment is due under the terms of the contract;
G.6.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of delivery of meat or
meat food products;
G.6.1.1.3 Not later than 10 calendar days, excluding legal holidays, after the date of delivery of a
perishable agricultural commodity; or
G.6.1.1.4 30 calendar days, excluding legal holidays, after receipt of a proper invoice for the amount
of the payment due.
G.6.1.2 No interest penalty shall be due to the Contractor if payment for the completed delivery of
goods or services is made on or after:
G.6.1.2.1 3rd day after the required payment date for meat or a meat food product;
G.6.1.2.2 5th day after the required payment date for an agricultural commodity; or
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G.6.1.2.3 15th day after any other required payment date.
G.6.1.3 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.6.2 Payments to Subcontractors
G.6.2.1 The Contractor must 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.6.2.1.1 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.6.2.1.2 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.6.2.2 The Contractor must pay any subcontractor or supplier interest penalties on amounts due to
the subcontractor or supplier beginning on the day after the payment is due and ending on
the date on which the payment is made. Interest shall be calculated at the rate of at least
1.5% 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.6.2.2.1 3rd day after the required payment date for meat or a meat product;
G.6.2.2.2 5th day after the required payment date for an agricultural commodity; or
G.6.2.2.3 15th day after any other required payment date.
G.6.2.3 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.6.2.4 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.6.3 Subcontract requirements. 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 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:
Jarad Dorsey
Office of Contracting and Procurement
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441 4th Street, N.W. Suite 330 South
Washington, DC 20001
(202) 478-2436
Jarad.dorsey4@dc.gov
G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER
G.8.1 The CO is the only person authorized to approve changes in any of the requirements of this
contract.
G.8.2 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.8.3 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.9 CONTRACT ADMINSTRATOR (CA)
G.9.1 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.9.1.1 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.9.1.2 Coordinating site entry for Contractor personnel, if applicable;
G.9.1.3 Reviewing 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.9.1.4 Reviewing 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.9.1.5 Maintaining a file that includes all contract correspondence, modifications, records of
inspections (site, data, equipment) and invoice or vouchers.
G.9.2 The address and telephone number of the CA is:
Benjamin Ebeigbe
Department of Health Care Finance
Long Term Care Administration
441 4th Street, N.W. Suite 900 South
Washington, DC 20001
(202) 724-7085
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benjamin.ebeigbe@dc.gov
G.9.3 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
6. Authorize the use of District property, except as specified under the contract.
G.9.4 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.
G.10 ORDERING CLAUSE
G.10.1 Any supplies and services to be furnished under this contract must be ordered by issuance of
delivery orders or task orders by the CO. Such orders may be issued during the term of this
contract.
G.10.2 All delivery orders or task orders are subject to the terms and conditions of this contract. In
the event of a conflict between a delivery order or task order and this contract, the contract
shall control.
G.10.3 If mailed, a delivery order or task order is considered "issued" when the District deposits the
order in the mail. Orders may be issued by facsimile or by electronic commerce methods.
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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 30,
dated July 22, 2024, 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;
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(3) Benefits; and
(4) Other applicable service credits;
(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
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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.
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.
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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.
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 RESERVED
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 Except as provided in H.9.1.5 and H.9.1.7, a prime contractor that is a CBE and has been
granted a proposal preference pursuant to D.C. Official Code § 2-218.43, or is selected
through a set-aside program, shall perform at least 35% of the contracting effort with its own
organization and resources and, if it subcontracts, 35% of the subcontracting effort shall be
with CBEs. A CBE prime contractor that performs less than 35% of the contracting effort
shall be subject to enforcement actions under D.C. Official Code § 2-218.63.
H.9.1.5 If the prime contractor is a certified joint venture and has been granted a bid preference
pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside program, the
CBE member of the certified joint venture shall perform at least 50% of the contracting
effort with its own organization and resources and, if it subcontracts, 35% of the
subcontracting effort shall be with CBEs. If the CBE member of the certified joint venture
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prime contractor performs less than 50% of the contracting effort, the certified joint venture
shall be subject to enforcement actions under D.C. Official Code § 2-218.63.
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 A prime contractor that is a CBE and has been granted a proposal preference pursuant to
D.C. Official Code § 2-218.43, or is selected through a set-aside program, shall perform at
least 50% of the on-site work with its own organization and resources if the contract is $1
million or less.
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:
(1) The name and address of each subcontractor;
(2) A current certification number of the small or certified business enterprise;
(3) The scope of work to be performed by each subcontractor; and
(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:
(A) The price that the prime contractor will pay each subcontractor under the
subcontract;
(B) A description of the goods procured or the services subcontracted for;
(C) The amount paid by the prime contractor under the subcontract; and
(D) 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.
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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
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;
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(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.
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 will provide access to people, vendor contracts, federal funding awards,
correspondence with federal oversight and funding agencies, memoranda of understanding,
District procurement and accounting records, and financial reports filed with federal
agencies, as requested, to meet the requirements of this contract.
H.11.2 The District through the CA shall provide feedback regarding the required Deliverables. The
CA shall review and provide approval or disapproval.
H.11.3 The District through the CA shall provide on-going oversight and monitoring of the
Contractor’s performance.
H.12 CONTRACTOR RESPONSIBILITIES
H.12.1 The Contractor shall provide the staff and supervision required to successfully perform the
required services.
H.12.2 The Contractor shall ensure that its staff responds to the CA’s requests for documents and
information. The contractor’s staff shall respond to the CA’s questions and requests in a
timely and efficient manner.
H.13 HIPAA BUSINESS ASSOCIATE COMPLIANCE
See Attachment J.9 DHCF Business Associate Agreement.
H.14 DIVERSION, REASSIGNMENT AND REPLACEMENT OF KEY PERSONNEL
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.
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H.15 ADVISORY AND ASSISTANCE SERVICES
This contract is a “nonpersonal services contract”. The Contractor and the Contractor’s
employees: (1) shall perform the services specified herein as independent contractors, not as
employees of the government; (2) shall be responsible for their own management and
administration of the work required and bear sole responsibility for complying with any and
all technical, schedule, financial requirements or constraints attendant to the performance of
this contract; (3) shall be free from supervision or control by any government employee with
respect to the manner or method of performance of the service specified; but (4) shall,
pursuant to the government’s right and obligation to inspect, accept or reject work, comply
with such general direction of the CO, or the duly authorized representative of the CO as is
necessary to ensure accomplishment of the contract objectives.
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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.
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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.
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
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the Contractor’s rights in that subcontractor data or computer software which is required for
the District.
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.
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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
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. Should the
Contractor decide to engage a subcontractor for segments of the work under this contract
and wish to propose different insurance requirements than outlined below, then, prior to
commencement of work by the subcontractor, the Contractor shall submit in writing the
name and brief description of work to be performed by the subcontractor on the
Subcontractors Insurance Requirement Template provided by the CA, to the Office of
Risk Management (ORM). ORM will determine the insurance requirements applicable
to the subcontractor and promptly deliver such requirements in writing to the Contractor
and the CA. The Contractor must provide proof of the subcontractor's required insurance
prior to commencement of work by the subcontractor. If the Contractor decides to
engage a subcontractor without requesting from ORM specific insurance requirements
for the subcontractor, such subcontractor shall have the same insurance requirements as
the Contractor. General liability, commercial auto, workers' compensation and property
insurance policies (if applicable to this agreement) shall contain a waiver of subrogation
provision in favor of the Government of the District of Columbia.
The Government of the District of Columbia shall be included in all policies required
hereunder to be maintained by the Contractor and its subcontractors (except for workers’
compensation and professional liability insurance) as an additional insureds for claims
against The Government of the District of Columbia relating to this contract, with the
understanding that any affirmative obligation imposed upon the insured Contractor or its
subcontractors (including without limitation the liability to pay premiums) shall be the
sole obligation of the Contractor or its subcontractors, and not the additional insured.
The additional insured status under the Contractor’s and its subcontractors’ Commercial
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General Liability insurance policies shall be effected using the ISO Additional Insured
Endorsement form CG 20 10 11 85 (or CG 20 10 07 04 and CG 20 37 07 04) or such
other endorsement or combination of endorsements providing coverage at least as broad
and approved by the CO in writing. All of the Contractor’s and its subcontractors’
liability policies (except for workers’ compensation and professional liability insurance)
shall be endorsed using ISO form CG 20 01 04 13 or its equivalent so as to indicate that
such policies provide primary coverage (without any right of contribution by any other
insurance, reinsurance or self-insurance, including any deductible or retention,
maintained by an Additional Insured) for all claims against the additional insured arising
out of the performance of this Statement of Work by the Contractor or its subcontractors,
or anyone for whom the Contractor or its subcontractors may be liable. These policies
shall include a separation of insureds clause applicable to the additional insured.
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/or the higher limits maintained by the Contractor and
subcontractors.
B. INSURANCE REQUIREMENTS
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.
The contractor should be named as an additional insured on the applicable
manufacturer’s/distributer’s Commercial General Liability policy using Insurance
Services Office, Inc. (“ISO”) form CG 20 15 04 13 (or another occurrence-based
form with coverage at least as broad).
OCP should collect, review for accuracy and maintain all warranties for goods and
services.
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
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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 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 paragraphs 1,2 and 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 Contractors, 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 $10,000 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. Limits may not be shared with other lines of coverage. A copy of the
cyber liability policy must be submitted to the Office of Risk Management (ORM)
for compliance review.
6. Medical Professional Liability - The Contractor shall provide evidence satisfactory
to the Contracting Officer of a Medical Professional Liability policy with limits of
not less than $1,000,000 each incident and $2,000,000 in the annual aggregate. The
definition of insured shall include the Contractor and all Contractor’s employees and
agents. The policy shall be either (1) written on an occurrence basis or (2) written on
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a claims-made basis. If the coverage is on a claims-made basis, Contractor hereby
agrees that prior to the expiration date of Contractor’s current insurance coverage,
Contractor shall purchase, at Contractors sole expense, either a replacement policy
annually thereafter having a retroactive date no later than the effective date of this
Contract or unlimited tail coverage in the above stated amounts for all claims arising
out of this Contract.
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 $1,000,000 per claim or per occurrence
for each wrongful act and $2,000,000 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. Limits may not be shared with other lines of coverage.
8. Sexual/Physical Abuse & Molestation - The Contractor shall provide evidence
satisfactory to the Contracting Officer with respect to the services performed that it
carries $1,000,000 per occurrence limits; $2,000,000 aggregate of affirmative abuse
and molestation liability coverage. Coverage should include physical abuse, such as
sexual or other bodily harm and non-physical abuse, such as verbal, emotional or
mental abuse; any actual, threatened or alleged act; errors, omission or misconduct.
This insurance requirement will be considered met if the general liability insurance
includes an affirmative sexual abuse and molestation endorsement for the required
amounts. So called “silent” coverage or “shared” limits under a commercial general
liability or professional liability policy will not be acceptable. Limits may not be
shared with other lines of coverage. The applicable policy may need to be submitted
to the Office of Risk Management (ORM) for compliance review.
9. 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.
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C. PRIMARY AND NONCONTRIBUTORY INSURANCE. The insurance required herein
shall be primary to and will not seek contribution from any other insurance, reinsurance
or self-insurance including any deductible or retention, maintained by the Government
of the District of Columbia.
D. DURATION. The Contractor shall carry all required insurance until all contract work is
accepted by the District of Columbia and shall carry listed coverages for ten years for
construction projects following final acceptance of the work performed under this
contract and two years for non-construction related contracts.
E. LIABILITY. These are the required minimum insurance requirements established by
the District of Columbia. However, the required minimum insurance requirements
provided above will not in any way limit the contractor’s liability under this contract.
F. 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.
G. 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.
H. NOTIFICATION. 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 (10) 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 the contract.
I. CERTIFICATES OF INSURANCE. The Contractor shall submit certificates of
insurance giving evidence of the required coverage as specified in this section prior to
commencing work. Certificates of insurance must reference the corresponding contract
number. Evidence of insurance shall be submitted to:
Jarad Dorsey
Contracting Officer
The Government of the District of Columbia
441 4th Street N.W. Suite 330 South
Washington, DC 20001
202-478-2436
Jarad.Dorsey4@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
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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).
J. 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 performed by the Contractor, its agents, employees, servants or
subcontractors in the performance of this contract.
K. CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in
connection with this contract shall be written by insurance companies with an A.M. Best
Insurance Guide rating of at least A- VII (or the equivalent by any other rating agency)
and licensed in the District.
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
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
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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
(iii)The Contractor’s request for relief or other action by the CO.
(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.
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(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.
(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.
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(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 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 this contract, unless the CO:
(1) Agrees with 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 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 5 business days of its receipt of notice 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 10 days of receipt of payment from the District; and
(3) Notify the subcontractor and CO in writing of the reason 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 to agree on a
price for the additional work.
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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 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.
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(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.
(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.
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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 http://ocp.dc.gov, under Quick Links click on “Required
Solicitation Documents”
J.2 U.S. Department of Labor Wage Determination No. 2015-4281, Revision 30,
dated July 22, 2024
J.3
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.4
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.5 Tax Certification Affidavit available at http://ocp.dc.gov, under Quick Links
click on “Required Solicitation Documents”
J.6 Subcontracting Plan (if required by law) available at http://ocp.dc.gov, under
Quick Links click on “Required Solicitation Documents”
J.7 Past Performance Evaluation Form available at http://ocp.dc.gov , under
Quick Links click on “Required Solicitation Documents”
J.8
Bidder/Offeror Certification Form available at http://ocp.dc.gov,
under Quick Links click on “Required Solicitation Documents”
J.9 DHCF HIPAA Business Associate Agreement
J.10 BAA Exhibit A - Identity and Procedure Verification
J.11 Business Associate (BA) HIPAA Compliance Status Questionnaire
J.12 Certificate of Clean Hands
available at http://mytax.dc.gov
J.13
Business License available at https://dlcp.dc.gov, DC Department of
Licensing and Consumer Protection