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MURIEL BOWSER
MAYOR
January 24, 2025
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1-
204.51) and section 202 of the Procurement Practices Reform Act of2010 (D.C. Official Code§
2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is
proposed Modification No. M008 to Contract No. DCRL-2022-Hl-0110 with Sasha Bruce
Youth work, Inc. ("SB Y") to exercise option year two in the not-to-exceed amount of
$1,916,618.67. The period of performance is from March 8, 2025, through March 7, 2026.
Under the proposed modification, SBY will continue to provide therapeutic group home services
for males and females aged 13 to 21 who have an Axis I diagnosis or other specified clinical need.
My administration is available to discuss any questions you may have regarding the proposed
contract modification. To facilitate a response to any questions you may have, please have your
staff contact Ebony C. Terrell, Agency Chief Contracting Officer, Child and Family Services
Agency, at (202) 724-7509.
I look forward to the Council's favorable consideration of this contract modification.
1
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement
Pursuant to section 202(c-3) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c-3), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Options)
(A) Contract Number: DCRL-2022-H1-0110
Proposed Contractor: Sasha Bruce Youthwork, Inc. (SBY)
Contract Amount: Not-to-exceed $1,916,618.67
Term of Contract: March 8, 2025 through March 7, 2026
Type of Contract: Fixed Price and administrative allowance and cost
reimbursement component
(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: $1,916,618.67 NTE
Deemed approved by Council (CA25-0052) on 3/6/2023
Option Period 1 Amount: $1,916,618.67 NTE
Deemed approved by Council (CA25-0597) on 2/17/2024
Option Period 2 Amount: $1,916,618.67 NTE
(C) A statement 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)
The Citywide Clean Hands database, by report dated December 5, 2024, indicates that Sasha Bruce
Youthwork, Inc. is current with its District taxes.
(D) A statement that the proposed contract is within the appropriated budget authority for the
agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:
The CFSA Agency Fiscal Officer has certified that the agency has in its approved budget for fiscal
year 2025 sufficient funds to meet the obligations of the proposed contract. The FY-2026 funds are
subject to approval of the FY-2026 budget.
1101 4th Street, SW
Washington, DC 20024
Date of Notice: December 5, 2024 L0013009900Notice Number:
FEIN: **-***6486
Case ID: 18376083
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
SASHA BRUCE YOUTHWORK INC
741 8TH STREET SE
WASHINGTON DC 20003
Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
COPY
Office of Finance
MEMORANDUM
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Child and Family Services Agency
TO: Tanya T. Trice
Interim Director
Child and Family Services Agency
FROM: Justin Kopca Agency Fiscal Officer
Child and Family Services Agency
DATE:
SUBJECT: Certification of Funds Availability
Total Contract Value: $1,916,618.67
The Office of the Chief Financial Officer hereby certifies that the sum of $1,086,959.07 is included in the
District’s Local Budget and Financial Plan for Fiscal Year 202 5 to fund the costs associated with the
CFSA’s contract with Sasha Bruce Youthwork for Congregate Care – Therapeutic Group Home Services.
This certification supports the Sasha Bruce Youthwork’s contract during the period from March 8, 2025
through September 30, 2025. The fund allocation is as follows:
Vendor: Sasha Bruce Youthwork Contract #: DCRL-2022-H1-0110
Fiscal Year 2025 Funding: 3/8/2025 through 9/30/2025
Funding for the period October 1, 2025 through March 7, 2026 totaling $829,659.60 will be subject to the
availability of funds in the District’s Local Budget and Financial Plan for Fiscal Year 2026.
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 202-724-7415.
Headquarters: 200 I Street, SE ◾ Washington, D.C. 20003 ◾ 202-442-6100
www.cfsa.dc.gov ◾ http://dc.mandatedreporter.org ◾ www.adoptdckids.org
A/C
Fund
Program
Project
No.
Cost
Center
Task/Subtask
Award #
Amount
7141002
10100001
700254
202352
70407
25.01
7141001
$ 1,086,969.42
12 / 11 / 2024
AMENDMENT OF SOLICITATION / MODIFICATION OF
CONTRACT
1. Solicitation / Contract No. Page of
Pages
DCRL-2022-H1-0110
1
1
2. Amendment/Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Solicitation Caption
M008
March 8, 2025
Congregate Care -
Therapeutic group home
Services
6. Issued by: Code RL0 7. Administered by (If other than line 6)
Government of the District of Columbia
Child and Family Services Agency
Contracts and Procurement Administration
200 I Street, S.E., Suite 2031
Washington, DC 20003
- See Section G.9.7 of the Signed Contract -
8. Name and Address of Contractor (No. street, city, county, state, and
zip code, FEIN)
Sasha Bruce Youthwork, Inc.
741 8th Street SE
Washington DC 20003
9A. Amendment of Solicitation No.
9B. Dated (See Item 11)
X
10A. Modification of Contract/Order No.
DCRL-2022-H1-0110
10B. Dated (See Item 13)
3/8/2023
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning _________ copies of the amendment; or (b) By acknowledging receipt of this amendment on each copy of the offer submitted.
FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE
SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such may be made in
accordance with the solicitation and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS ,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
A. This change order is issued pursuant to (Specify Authority): 27 DCMR, Chapter 36, Contract Modifications
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation data
etc.) set forth in item 14, pursuant to the authority of 27 DCMR, Chapter 36, Section 3601.2.
C. This supplemental agreement is entered into pursuant to authority of:
X D. Other (Specify type of modification and authority) 27 DCMR, Section 2008 – Exercise of Option 2
E. IMPORTANT: Contractor is not , is , required to sign this document.
14. Description of Amendment/Modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
1. In accordance with Section F.2, Option to Extend the Term of the HCA, the District hereby exercises
Option Year Two for the period March 8, 2025 through March 7, 2026 in the not-to-exceed amount of
$1,916,618.67.
2. Recap:
- 03/08/2023 through 03/07/2024 in the not-to-exceed amount: $1,916,618.67 Base Year
- 03/08/2024 through 03/07/2025 in the not-to-exceed amount: $1,916,618.67 Option Year 1
- 03/08/2025 through 03/07/2026 in the not-to-exceed amount: $1,916,618.67 Option Year 2
Total Amount $5,749,856.01
Except as provided herein, all other terms and conditions of the document is referenced in Item 9A or 10A remain unchanged and in full force and effect.
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
Ebony C. Terrell
15B. Name of Contractor
______________________________________________________
(Signature of person authorized to sign)
15C. Date Signed 16B. District of Columbia
__________________________________________________________________
(Signature of Contracting Officer)
16C. Date
Signed
GOVERNMENT OF THE DISTRICT OF COLUMBIA Child and Family Services Agency (CFSA)
SOLICITATION, OFFER, AND AWARD
1. Caption: Page of Pages
Congregate Care - Therapeutic group home Services 1 84
2. Contract Number 5. Type of Solicitation 6. Type of Market
DCRL-2022-H1-0110 ☐ Sealed Bid (IFB) ☒ Open
3. Solicitation Number ☐ Sealed Proposals (RFP) ☐ Set Aside
DCRL-2022-H-0110 ☐ Sole Source ☐ Open with Sub-Contracting Set Aside
4. Date Issued: X Human Care Agreements NOTE: In sealed bid solicitations "offer" and “offeror"
means "bid" and "bidder". May 31, 2022 ☐ Emergency
7. Issued By: 8. Address Offer to: Delivery
Contracts and Procurement Administration
Child and Family Services Agency (CFSA)
200 I Street, S.E. Suite 2031
Washington, DC 20003
(202) 724-5300
Contracts and Procurement Administration
Child and Family Services Agency (CFSA)
200 I Street, S.E. Suite 2031
Washington, DC 20003
(202) 724-5300
SEE SECTION L.4.
Sealed offers will be received in accordance to
Section L.4
A. SOLICITATION / CONTRACT FORM
9. Submission Deadline Date Due June 30, 2022 Time Due 2:00 PM EST
CAUTION: Late Submissions, Modifications and Withdrawals: See 27 DCMR chapters 15 & 16 as applicable. All offers are subject to all terms and conditions contained in this solicitation.
10. Agency Contact A. Name B. Telephone Extension C. E-mail Address
CFSA Robert Stona, Contract Specialist (202)724-7475 robert.stona@dc.gov
11. Table of Contents (X) Section Description Page No.
(X) Section Description Page No. X G Contract Administration Data 41 – 47
X A Solicitation/Contract Form 1 X H Special Contract Requirements 48 – 75
X B Supplies or Services and Price/Cost 2 - 5 X I Contract Clauses 76 – 83
X C Specifications/Work Statement 6 – 35 X J List of Attachments 84
X D Packaging and Marking 36 X K Representations, certifications and other statements of offerors
X E Inspection and Acceptance 37 X L Instructions, conditions & notices to offerors
X F Deliveries or Performance 38 - 40 X M Evaluation factors for award
OFFER
12. In compliance with the above, the undersigned agrees, if this offer is accepted within 21 calendar days from the date for receipt of offers specified above, to
furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified herein.
13. Discount for Prompt Payment 10 Calendar days ____% 20 Calendar days ____% 30 Calendar da ys ____% ____ Calendar days ____%
14. Acknowledgement of Amendments
(The offeror acknowledges receipt of
amendments to the SOLICITATION):
Amendment Number Date Amendment Number Date Amendment Number Date
15.Offeror Contact Information Person Authorized to Sign Offer/Contract Person Authorized to Sign Offer/Contract
If Offeror is a Joint Venture, add
signatures of additional general
partners or members as appropriate.
A. Name Sasha Bruce Youthwork
B. Title
C. Company
D. Address 741 8 th Street SE
City, State, Zip Washington DC 20003
☐ Check if remittance address is
different from address to the right -
Refer to Section G.
E. Phone 202-853-7588
17. Signature
18. Offer Date
AWARD (TO BE COMPLETED BY GOVERNMENT)
19. Accepted as to Items Numbered 20. Amount $1,916,618.67 21. Accounting and Appropriation - See Section G
0001-0003
22. Name of Contracting Officer (Type or Print) 23. Signature of Contracting Officer 24. Award Date
Tara Sigamoni, Agency Chief Contracting Officer
03 / 08 / 2023
Congregate Care – Therapeutic Group Home HCA No.: DCRL-2022-H1-0110
2
SECTION B: SUPPLIES OR SERVICES AND PRICE
B.1 The Government of the District of Columbia, Child and Family Services Agency (CFSA), is entering
into a contract with Sasha Bruce Youthwork to provide Congregate Care Services – Therapeutic
Group Home, pursuant to Sections 401(a)(1)(E), and 406(a) of the Procurement Practices Reform
Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-354.01, and 2-
354.06).
B.1.1 The District is not committed to purchase under this Human Care Agreement (HCA) any quantities
of a particular service coverage under this agreement. The District is obligated only to the extent
that authorized purchases are made pursuant to this HCA.
B.1.2 Service shall only be performed as authorized by Task Orders issued in accordance with the Ordering
Clause G.7. The Contractor shall furnish to the District, when and if Ordered, the services specified
in B.3. Price Schedule.
B.1.3 There is no limit to the number of Task Orders that may be issued. The District may issue Task
Orders requiring delivery to multiple destinations or performance at multiple locations, as specified
in such Task Orders as may be issued.
B.1.4 This HCA is based on Fixed Price with an Administrative Allowance and a cost reimbursement
component. The Contractor shall deliver services in accordance with Section C.
B.2 PRICE SCHEDULE
B.2.1 Task Orders (TO) issued against the executed HCA shall be subject to the terms of the HCA. The
Contractor shall ensure receipt of an executed Task Order showing identified funding prior to
accepting placement.
B.2.2 The Price Schedule in Section B.3 is a compilation of total prices and ceiling amounts, which is
incorporated in this HCA.
B.2.3 The Price Schedule in Section B.3 contains administrative allowance, room and board per diem and
cost reimbursement, which may vary from client to client based on each client’s Individual
Education Plan (IEP) or Individual Treatment Plan (ITP). Negotiated prices, agreed upon by the
District and Contractor, shall be incorporated in the terms and conditions of the established HCA
and shall continue under the terms of the HCA unless there is a change to a specific IEP, ITP or
other condition, approved by the District that warrants a change.
B.2.3 The number of clients served under an HCA may fluctuate over time, either upward or downward.
Moreover, the service needs for each client may also require an upward or downward price
adjustment during the term of the HCA as indicated in the IEP or ITP. A new TO shall be issued or
an existing TO modified to reflect the changes.
B.2.4 If price negotiations are required due to the changes in conditions related to an individual client’s
IEP or ITP, the District shall use rate guidelines for District Medicaid programs.
B.2.5 The client needs pertaining to educational services will be paid by CFSA, the Office of the State
Superintendent of Education (OSSE) or D.C. Public Schools. OSSE is responsible for the tuition
of all CFSA youth placed in THG, including any special services that may be part of a student’s IEP.
Congregate Care – Therapeutic Group Home HCA No.: DCRL-2022-H1-0110
3
B.3 HCA PRICE SCHEDULE - IDIQ
B.3.1 Base Year Prices
Contract
Line-Item
Number
(CLIN)
Services
Minimum
Quantity
(Clients)
Maximum
Quantity
(Clients)
Per
Diem
Rate
Maximum
# of Days
Maximum
Total
0001 Room and Board
Per Diem 1 6 $270.73 366 $594,523.08
0002 Administrative
Allowance N/A N/A $1,961.54 366 $717,923.64
0003 Cost
Reimbursement Not-to-Exceed $604,171.95
Total Base Year Not-To-Exceed Amount $1,916,618.67
B.4
CATEGORIES OF COST AND TYPES OF COST
B.4.1 Room and Board Per Diem covers the Room and Board payments made to the contractor
when a client is placed at the facility.
The District will pay the Contractor for the number of clients or children/youth in placements
on a monthly basis, based on the Room and Board Per Diem specified in Section B.3, Price
Schedule as per instructions outlined in Section G.
B.4.2
Administrative Allowance
The District will pay the Contractor a not to exceed amount as shown in CLIN 0002 of Section
B.3, Price Schedule. This not-to-exceed amount will be paid monthly. The amount shall
include all the items identified in Attachment J.10, Approved Budget, as Administrative
Allowance. The contractor shall only bill for actively filled positions in Schedule 1 and the
associated fringe benefits from Schedule 2 of the approved Budget. The Contractor shall only
bill the actual amount of the expenses incurred for all cost included in the Administrative
Allowance. The Contractor shall not knowingly invoice for vacant positions or other costs that
it has not incurred. This rate is subject to quarterly reconciliation and will be adjusted if
required.
B.4.3 Cost Reimbursement
B.4.3.1
B.4.3.2
The contractor will be paid monthly on a cost reimbursable basis for the cost of negotiated
budgeted line items and/or services that are not included in either the Administrative
Allowance or the Room and Board Per Diem.
The District will reimburse the contractor for the costs of budget line items and or services
monthly in accordance with the actual costs incurred for those items identified in Attachment
J.10; Approved Contract Costi ng Budget Sche dules; 1 through 11 for C ongregate Care –
Congregate Care – Therapeutic Group Home HCA No.: DCRL-2022-H1-0110
4
B.4.3.3
B.4.3.4
B.4.3.5
Therapeutic group home Services in a not-to-exceed amount as specified in CLIN 0003 of
Section B.3, Price Schedule.
The contractor shall not exceed the amount set for Cost Reimbursement element of the
contract ceiling specified in the price schedule, CLIN 0003, for the Base Year and subsequent
Option Years subject to the availability of funding.
The Contractor will be reimbursed for costs that are supported and substantiated after they
have been expended and reported by the Contractor within the amounts set forth in Section
B.3 and identified in the approved Budget Package, Attachment J.10, as Cost Reimbursement.
The contractor shall not mark-up the cost reimbursement allowable expenses on this contract
with indirect cost, overhead, general, and administrative cost. Profit may not be charged
against cost reimbursement expenses under this contract. Tangible items charged under the
cost reimbursement CLIN 0003 (such as vehicles, computers, or equipment) will become the
property of the District of Columbia.
B.4.4 COST REIMBURSEMENT CEILING
B.4.4.1 CLIN 0003 and the subsequent CLINs for the option years of the HCA set forth the ceiling
amount for the cost element of the HCA (“ceiling’).
B.4.4.2 The amount for performing this cost element of the HCA shall not exceed the ceilings specified
in CLIN 0003 or the subsequent CLINs for the option years.
B.4.4.3 The Contractor agrees to use its best efforts to perform the work specified in this HCA and to
meet all obligations under this HCA within the cost reimbursement ceiling.
B.4.4.4 The Contractor must notify the CO, in writing; whenever it has reason to believe that the total
cost for the performance of this HCA will be either greater or substantially less than the cost
reimbursement ceiling.
B.4.4.5 As part of the notification, the Contractor must provide the CO a revised estimate of the total
cost of performing this HCA.
B.4.4.6 The District is not obligated to reimburse the Contractor for costs incurred in excess of the cost
reimbursement ceiling specified in Section B.3, and the Contractor is not obligated to continue
performance under this HCA (including actions under the Termination clauses of this HCA), or
otherwise incur costs in excess of the cost reimbursement ceiling specified in Section B.3, until
the CO notifies the Contractor, in writing, that the estimated cost has been increased and
provides revised cost reimbursement ceiling for performing this HCA.
B.4.4.7 No notice, communication, or representation in any form from any person other than the CO
shall change the cost reimbursement ceiling. In the absence of the specified notice, the District
is not obligated to reimburse the Contractor for any costs in excess of the costs reimbursement
ceiling, whether such costs were incurred during the course of performance or as a result of
termination.
B.4.4.8 If any cost reimbursement ceiling specified in Section B.3 is increased, any costs the Contractor
incurs before the increase that are in excess of the previous cost reimbursement ceiling shall be
Congregate Care – Therapeutic Group Home HCA No.: DCRL-2022-H1-0110
5
allowable to the same extent as if incurred afterward, unless the CO issues a termination or other
notice directing that the increase is solely to cover termination or other specified expenses.
B.4.4.9 A change order shall not be considered an authorization to exceed the applicable cost
reimbursement ceiling specified in Section B.3 unless the change order specifically increases
the cost reimbursement ceiling.
B.4.4.10 Only costs determined in writing to be reimbursable in accordance with the cost principles set
forth in rules issued pursuant to Title V of the Procurement Practices Reform Act of 2010 shall
be reimbursable.
*** END OF SECTION B ***
Congregate Care – Therapeutic Group Home HCA No.: DCRL-2022-H1-0110
6
SECTION C: SPECIFICATION/WORK STATEMENT - THERAPEUTIC GROUP HOME CARE
SCOPE:
C.1 The Government of the District of Columbia, Child and Family Services Agency (CFSA), is entering
into a contract with Sasha Bruce Youthwork to provide Congregate Care Services – Therapeutic
group home, for males and females aged 13-21. The District may purchase up to 8 beds to meet its
needs.
C.1.2 The contractor shall, if it currently possesses a license to provide congregate care services being
offered to CFSA, may add new locations to service CFSA therapeutic referrals by submitting a
request for modification to their current license. Once the CFSA’s Office of Facility Licensing
accepts the request for modification, the Contractor must meet the requirement for modification
within 90 days.
C.1.3 The Contractor of Therapeutic group home Care shall serve children and youth presenting an Axis
1 diagnosis or having specified clinical justification. This target population often exhibits emotional
and/or behavioral conditions requiring a higher level of structure, supervision, behavior
management/modification, and clinical intervention. Behaviors may include, but not be limited to,
poor impulse control, substance abuse, sexual deviance, mental illness, abscondence, aggression,
and affective disorders such as “Post-Traumatic Stress Disorder” and depression.
C.1.4 The Contractor shall service homosexual, bisexual and transgender clients with targeted, appropriate
programming. The Contractor shall ensure that each congregate care facility is gender-specific to
provide services to either males or females.
C.1.5 In order to appropriately and effectively serve clients with significant clinical needs, the Contractor
shall provide a congregate living environment with on-site clinical services that support the case
and/or treatment plans of resident clients, as developed by the treatment team.
C.1.6. The Contractor shall provide a detailed plan for making available needed on-site individual and/or
group counseling by licensed clinicians.
C.1.7 The Contractor shall provide services to children and youth first entering foster care; transferring
into this level of care from a less restrictive level of care due to demonstrated need for a more
therapeutic environment; or transitioning back from a treatment setting.
C.2 APPLICABLE DOCUMENTS
The following documents are applicable to this procurement and are hereby incorporated by this reference:
Item No. Documen t Type Title Date
C.2.1
29 DCMR Chapter 62
Licensing of Youth Shelters, Runaway
shelters, Emergency Care Facilities,
and Youth Group Homes located at
https://www.dcregs.dc.gov/Common/D
CMR/RuleList.aspx?ChapterNum=29-
62 or
8/13/1986
Congregate Care – Therapeutic Group Home HCA No.: DCRL-2022-H1-0110
7
Governing legislation and
Regulations for your local
jurisdiction
C.2.2
Public Law 8-352
Title VI of the Civils Rights Act of
1964
Most current
version
C.2.3
Pursuant to Sections
471(e)(1) and
471(e)(5)(B)(iii) and
Section
471(e)(5)(B)(iii)(II) of the
Act t
Family First Prevention and Services
Act located at:
https://cfsa.dc.gov/publication/dc-cfsa-
family-first-prevention-plan
Most Current
Version
C.2.4
Public Law
Child Abuse and Prevention Treatment
Act, 42 U.S.C. §5101 et
Most current
version
C.2.5
D.C. Law
Prevention of child Abuse and Neglect
Act of 1977 D.C. Official Code § 16-
2351-2365 et seq.
Most current
version
C.2.6
Public Law 105-89
Adoption and Safe Families Act of
1997, 42 U.S.C. § 1305 et seq.
Most current
version
C.2.7
Public Law
Adoption Assistance and Child
Welfare Act of 1997, 42 U. W.C. §
620 et seq.
Most current
version
C.2.8
Public Law
Multiethnic Placement Act of 1994, 42
U.S.C. §1996 et seq.
Most current
version
C.2.9
Public Law
Title IV, Part B of the Social Security
Act, 42 U.S.C. 620 et seq.
Most current
version
C.2.10
D.C. Law
Mentally Retarded Citizens
Constitutional Rights and Dignity Act
of 1978, D.C. Official Code § 7-
1301.02 seq.
Most current
version
C.2.11
Public Law
Health Insurance Portability and
Accountability Act of 1996, 41 U.S.C.
Most current
version
C.2.12
Public Law
Individual with Disabilities Education
Act 20 U.S.C. § 1400 et seq.
Most current
version
C.2.13
D.C. Law
“Child and youth, Safety and Health
Omnibus Congressional Review
Emergency Amendment Act of 2005”
Most current
version
C.2.14
TST Manual
Collaborative Treatment of
Traumatized Children and Teens
Most current
version
C.2.16
Article
“How, as a worker, do I do TST”
Reader’s Digest Condensed Version in
6 Artful Steps
Most current
version
C.2.16
Law
Human Trafficking
Most current
version
Congregate Care – Therapeutic Group Home HCA No.: DCRL-2022-H1-0110
8
C.2.17 Resource Guide Human Trafficking Resource Guide March 2015
C.2.18
Protocol for working with
AIDS/HIV Clients
https://cfsa.dc.gov/publication/program
-hiv-and-aids
February 26, 2010
C.3 BACKGROUND
C.3.1 The Government of the District of Columbia’s Child and Family Services Agency (CFSA, or the
Agency) is charged with protecting children and youth from abuse and neglect; and, for those
needing to be removed from their homes, ensuring a foster care placement that can effectively
support children and youth in achieving their goals of safety, permanence, and wellbeing. All
children and youth deserve a permanent home and the nurture and support of a loving family. CFSA
continues to prioritize family based foster homes for young and older children alike, but recognizes
that this may not always be an option.
C.3.2 CFSA recognizes that some clients are unable to tolerate the intimate setting of a traditional foster
home due to complex behavioral and mental health needs, such as co-occurring disorders,
unresolved trauma, and grief and loss that manifest in disruptive behavior and/or dis-regulated
emotions. For some of these clients, a traditional group home environment is similarly unsuitable in
that it does not provide the needed level of care and intervention. For such clients, CFSA utilizes a
therapeutic group home setting for clients aged 13-21 to stabilize and regulate behavior and emotions
and provide the depth of clinical support needed to achieve their developmental, educational, social,
and emotional goals and an eventual step down to less restrictive placements.
C.3.4 CFSA utilizes congregate care (or group care) services for children and youth aged 13 to 21 whose
needs cannot be met in a family based foster care setting. The Agency uses traditional and therapeutic
congregate settings, depending on the level of need presented by the child or youth.
C.3.5 Contractors of congregate care services shall provide children and youth with high quality services
that promote a safe and stable foster care placement, encourage positive youth development, and
support in achieving permanence. As such, CFSA expects that the congregate care programs will
support the Agency in meeting the benchmarks set forth for the Agency.
C.3.6 Congregate care programs shall be responsive to the individual needs of the children and youth from
the point of initial placement through achievement of individualized goals. CFSA expects the
Contractor to address the placement needs of children and youth with minimal, if any, transfer across
provider Agencies. The Contractor shall facilitate preparing the youth for successful step-down, or
connection with a family member or significant individual, and progression toward successful
independence and self-sufficiency.
C.3.7 Prospective contractors shall develop a proposal that addresses and fully describes how the tasks
and requirements specified in each section of this scope of work will be accomplished.
C.4 DEFINITIONS
C.4.1 Abscondence – The child or youth is absent from an approved placement due to escape, runaway or
truancy status for at least 72 hours leading to placement exit unless an extension is approved..
C.4.2 Absent client- A client who is absent from his/her place of residence for less than 72 hours, whose
whereabouts are either known or unknown, but the client is in contact and at no immediate risk of
harm. In some cases, a client may be absent for short periods repeatedly and regularly.
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C.4.3 Aftercare – Those services put in place post-foster care placement to support the child or youth in
his or her subsequent phase of permanency or independence.
C.4.4 Agency – the Child and Family Services Agency, or CFSA.
C.4.5 Axis 1 Diagnosis – Outlined by the Diagnostic and Statistical Manual of Disorders (DSM-V),
includes all psychiatric diagnoses with the exception of personality disorders and mental retardation.
C.4.6 Behavior Management Plan – A written document that targets the specific behaviors that undermine
a client’s ability to pursue and meet development, emotional or educational goals. The Behavior
Management Plan also identifies interventions in the placement setting that will encourage and
support the client or youth in decreasing or eliminating the inappropriate behaviors that are
interfering with success.
C.4.7 Case Management – The process by which a case plan is developed, implemented, and revised
accordingly toward the achievement of the goals and objectives outlined in the case plan for the
child or youth and his/her family.
C.4.8 Case Plan – A written document developed by the Social Worker for a child or youth that has a child
abuse or neglect case with CFSA. The plan outlines the goals and objectives for the child and family,
and the timeframes for achieving these goals. Case plans are reviewed periodically to assess progress
and identify barriers to meeting the plan’s goals and objectives. The document delineates the roles
and responsibilities of all parties involved in the execution of the case plan.
C.4.9 CFSA’s Four Pillars Benchmarks- CFSA’s Four Pillars”- Front Door, Temporary Safe Haven, Well-
Being Exit to Permanence- express the Agency’s values about serving children and families. The
Agency has identified a series of benchmarks to demonstrate progress and support practice in each
of these areas.
C.4.10 CFSA Office of Youth Empowerment (OYE) – The life skills program managed by CFSA’s OYE.
The OYE administers the federally funded Chafee Foster Care Independence Program and prepares
youth with the skills necessary for self-sufficiency and independent living. OYE services are
available to youth aged 16 to 21 years currently placed in foster care, or youth aged 18 to 21 that
have been discharged from foster care prior to their 21st birthday.
C.4.11 Child – A child, or childhood, refers to the time period between the stages of birth and puberty. For
the purposes of this definition the age range for a child is under 15.
C.4.12 Child Placing Private Agency- A child Placing Private Agency contracted by CFSA and
appropriately licensed in the service jurisdiction to provide “child placing” or “family-based foster
care” which includes case management and placement services.
C.4.13 Client – children/youth victims at risk of abuse and neglect and supportive families.
C.4.14 Confidentiality- The safeguarding of information regarding the clients and families in accordance
with the Health Information Portability and Accountability Act (HIPPAA) laws, and all federal and
District laws governing confidentiality.
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C.4.15 Confidentiality – The safeguarding of information regarding children, youth and families in
accordance with the Health Information Portability and Accountability Act (HIPPAA) laws, and all
federal and District laws governing confidentiality.
C.4.16 Congregate Care Services – Licensed residential care provided in group settings for children and
youth placed in foster care.
C.4.17 Consultation and Information Sharing Framework – A structured format through which a clinical
team assesses the strengths and barriers facing a client in order to plan clinically effective and
appropriate interventions.
C.4.18 Continuum of Care – A range of foster care services from those minimally restrictive to those that
are more structured and restrictive that addresses the needs of children and youth in terms of foster
care placement and treatment options. The full continuum includes family based foster care
(traditional and therapeutic), group home care (traditional and therapeutic), teen parent programs,
developmentally disabled care, medically fragile care, and diagnostic assessment.
C.4.19 Contractor Agencies (or Contractors) – Licensed, private agencies providing group or family based
foster care services to children and youth placed by CFSA in foster care via a business agreement
between the private agency and CFSA.
C.4.20 Core Service Agency (CSA) - The Department of Mental Health (DMH) ensures DC residents
receive high quality mental health services through a certification program for mental health service
providers. Mental health services provided by Core Service Agencies are Medicaid-reimbursable.
C.4.21 Discharge planning – The process of planning for a child or youth’s discharge from his/her current
placement setting that takes place a minimum of thirty (30) days prior to discharge, and includes a
plan for care and service supports needed by a child or youth and his/her family post-discharge.
C.4.22 Facilitate - To coordinate actions that ensure access to services and carry out the case activities
outlined in each client’s case plan. The Contractor’s facilitation” ensures services are fully
implemented for the client.
C.4.23 Family-based Care (or setting) – Any setting in which children and youth are living in a home with
a family that is not congregate or residential care and licensed by DCMR Chapter 60 regulations or
the respective service jurisdictions.
C.4.24 Family-based Foster Care – Foster care that is provided in a family-based environment,
C.4.25 Family Engagement- The foundation of good casework practice that promotes the safety,
permanency, and well-being of clients and their families in the child welfare system. Family
engagement is a family-centered and strengths-based approach to partnering with families in making
decisions, setting goals, and achieving desired outcomes. It involves communicating openly and
honestly with families to support cultural and family dynamics in order to meet the individual needs
of every family member.
C.4.26 Family Team Meeting (FTM)- A process in which CFSA, immediate family members, extended
family, friends, service Contractors and other professionals join together to develop or work on a
case plan that ensures clients are cared for and protected.
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C.4.27 Fictive kin–Non-blood-related individuals who perform activities and hold relationships common to
those of family members. Fictive kin are significant members of the client and the family’s life.
C.4.28 Human Care Agreement (HCA) – A written agreement for the procurement of education or special
education, health, human, or social services pursuant to DC Official Code, Section 2-303.06a, to be
provided directly to individuals who are disabled, disadvantaged, displaced, elderly, indigent,
mentally or physically ill, unemployed, or minors in the custody of the District of Columbia.
C.4.29 Individualized Education Plan (IEP) – The written plan developed for the child or youth that
identifies and outlines educational needs and services, and is incorporated into the ISP/ITILP.
C.4.30 Individualized Health Plan (IHP) – The written plan developed for the child or youth that identifies
and outlines the health needs and service delivery, and is incorporated into the ISP/ITILP.
C.4.31 Individual Service Plan (ISP) – The written, comprehensive plan for a child or youth that specifically
identifies all the goals, objectives, strategies, services, and responsible parties and resources required
to address the assessed strengths and needs. The Contractor develops the plan with collaboration
from the Social Worker and youth, and leads periodic reviews that include the child or youth, and
all relevant parties. The ISP is updated at least every 90 days.
C.4.32 Individualized Treatment Plan (ITP) – The written plan developed for a child or youth that identifies
and outlines the treatment needs, and is incorporated into the case plan. This plan shall include the
specific services needed by the child or youth to meet their treatment goals, including the scope,
frequency and duration of the services needed. Documentation of the service shall include: the name
of the child and Medicaid number (if available); name of Contractor and professional credentials;
the service provided, and the time, date, place, and length of the service; and a note describing how
the services relates to the treatment goal.
C.4.33 Mental and Behavioral Health Service Contractor – May be one of the following: a DBH, Core
Service Agency (CSA), a CFSA contractor, a Crime Victims mental health Contractor; or a mental
health Contractor through the Health Services for Children with Special Needs (HSCSN) network.
C.4.34 Missing, abducted or absent – The child or youth is reported or believed to be missing, abducted, at
high risk and absent from their place of residence, or absent from placement although their
whereabouts are known as defined in the Missing, Abducted and Absent Children policy.
https://cfsa.dc.gov/sites/default/files/dc/sites/cfsa/publication/attachments/Policy_Missing_Abduct
ed_Absent_Children_FINAL_2018.pdf.
C.4.35 Multi-disciplinary Team- A group of professionals representing various aspects of a client’s well-
being interests (health, mental health, educational, life and social skills, and permanence) that
collaborates to meet the needs of the client through assessment, service planning and delivery.
Parents, Foster Parents, client, mentors and relatives may also participate in multi-disciplinary teams.
C.4.36 Permanent or “Lifelong” Connection – An enduring connection established between the youth and
at least one adult committed to a safe, stable and supportive relationship in order to provide lasting
support and guidance to the youth as he/she transition from foster care to self-sufficiency. This is a
permanent connection that should last beyond the youth’s involvement with CFSA. The adult may
or may not be a family member.
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C.4.37 Positive Youth Development (PYD) - a life skills approach that supports clients in their acquisition
of the skills necessary for self-sufficiency and independent living. PYD services are available to
clients aged 16 to 21 years currently placed in out-of-home care, or youth aged 18 to 21 who were
discharged from foster care prior to their 21st birthday.
C.4.38 Quality Assurance Process- Use of qualitative and quantitative reviews overall performance,
completeness and accuracy of program requirements and service delivery, in order to ensure
compliance with statute, regulations and practice guidelines. Quality Assurance reviews are used to
identify gaps in performance and services and develop strategies for implementing and monitoring
improvement. They include the examination and monitoring of staff performance.
C.4.39 Resident – A child or youth placed in foster care residing in a congregate care foster care placement
setting.
C.4.40 Step-down – the term used for transitioning a child or youth from a more restrictive level of foster
care to that which is less restrictive. For example, transition of a youth from a therapeutic group
home to a traditional group home, or, transition of a child from a group home to a family based foster
care setting. Supportive Assistance: Tasks and activities completed by the Contractor's staff that
support a child or youth's visits with family members to include siblings, parents, other significant
family members, and/or resources that can serve as "permanent or lifelong connections". Such
activities include, among others initiated by the Contractor, coordination of visits via phone contacts
with family members; supervision of visits at the facility or another location; and proactive inclusion
of family members or resources in Contractor-sponsored events.
C.4.4.1 Task Order – An order for services placed against an established human care agreement.
C.4.4.2 Teaming- A collaborative approach to sound clinical decision-making that is coordinated and
primarily led by the Social Worker with the support of his/her supervisor. Depending on the juncture
at which a team comes together, it may include; the family, the Client, all CFSA staff who have
engaged with the family, external service Contractors, the family’s informal supports, and the
client’s current caregivers. Teams are used to ensure shared ownership of information, plans and
actions commitments. They are also used to openly navigate disagreements and conflicts to build
the consensus, collaboration and coordination needed to move families to permanence.
C.4.4.3 Therapeutic group home Care - Intensive, trauma-focused, therapeutic residential care delivered by
appropriately credentialed personnel who provide evidenced-based therapeutic techniques and
interventions in a licensed, group home environment for clients aged 13 to 21.
C.4.4.4 Traditional Group Home Care – Less restrictive, but structured, treatment provided in a licensed,
group home environment for children and youth between the ages of 13 to 21 placed in foster care.
C.4.4.5 Trauma- Experiencing, witnessing or confronting an event or events that involved actual or
threatened death or serious injury, or a threat to the physical integrity of self or others.
C.4.4.6 Trauma-Focused Care- Care that incorporates evidence-based and best practice treatment models
proven to facilitate recovery from trauma and that directly addresses the impact of trauma on an
individual’s life.
C.4.4.7 Trauma Informed Care- Person-centered care grounded in, and directed, by a thorough
understanding of the neurological, biological, psychological and social effects of trauma and the
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prevalence of these experiences in persons who receive mental health services. Trauma-informed
care takes into account knowledge about trauma, its impact, interpersonal dynamic, and paths to
recovery-and incorporates this knowledge into all aspects of service delivery.
C.4.4.8 Trauma Systems Therapy (TST) - A model of therapy for clients who have been exposed to trauma.
TST focuses on the client’s emotional and behavioral needs as well as the environments in which
the client lives (home, school, community).
C.4.4.9 Triggers- Stimuli, such as a smell, sound, sight, or person that results in feelings of stress or dis-
regulated emotions.
C.4.5.0 Youth - Youth is the period between childhood and adulthood, described as the period of physical
and psychological development from the onset of puberty to maturity and early adulthood.
Definitions of the specific age range that constitutes youth vary. For the purposes of this document,
the age range for a youth is age 15 to 21.
C.4.5.1 Youth Benchmarks - CFSA’s outcomes and benchmarks for clients ages 14-21, in Education,
Employment, Financial Stability, Housing, Health, Relationships and Core Connections, Personal
Agency/Maturity, Life Skills, Parenting and Documents. Also known as “Transition-to-Adulthood”
benchmarks are a vehicle for achieving two critical goals: day-to-day stability and the acquisition of
broad adult competencies.
C.4.5.2 Youth Transition Plan (YTP) - The comprehensive, written plan that identifies all the goals,
objectives, strategies, services and responsible parties and resources needed to support the assessed
strengths, and respond to the identified needs of, a client aged 14 and older.
C.5. PRACTICE METHODOLOGY
C.5.1 Approach/Model
C.5.1.1 The Contractor shall serve clients aged thirteen (13) to twenty-one (21). Clients between the ages
of thirteen (13) and seventeen (17) shall be served in a setting separate and apart from those aged
eighteen (18) to twenty-one (21).
C.5.1.2 The Contractor is required to serve LGBTQ + clients with targeted, appropriate programming. The
Contractor shall ensure that each congregate care facility is gender-specific to provide services to
either males or females.
C.5.1.3 The Contractor shall be responsive to the individual needs of the clients from the point of initial
placement through achievement of the clients goals. The Contractor shall support placement
stability through a “no eject/no reject” policy. There shall be no unplanned discharges.
C.5.1.4 The Contractor shall serve clients with a DSM-V diagnosis, and/or with behaviors that include, but
are not be limited to, poor impulse control, substance abuse, sexual deviance, mental illness,
abscondence, aggression, and affective disorders such as “Post-Traumatic Stress Disorder” and
depression.
C.5.1.5 In order to appropriately and effectively serve clients with significant clinical needs, the Contractor
shall provide a congregate living environment with on-site clinical services that support the case
and/or treatment plans of resident clients, as developed by the treatment team. The Contractor shall
provide a detailed plan for making available needed on-site individual and/or group counseling by
licensed clinicians.
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C.5.1.6 The Contractor shall provide trauma-informed care and interventions in an environment that
promotes emotional regulation, conflict resolution and positive client development.
C.5.1.7 The contractor shall provide structured daily programming, recreational activities, a behavior
management system, and opportunities for clients to build community connections. The behavior
modification and other structured programming provided in the therapeutic congregate care setting
shall include group work, skill building and 1:1 behavioral support.
C.5.1.8 A client’s placement in a therapeutic group home shall not exceed 12-months. The contractor shall
coordinate with the CFSA or private child placing agency-led team to undertake periodic reviews
within the 9-month placement time period. The reviews shall coincide with status reviews and
permanency hearings on the case.
C.5.1.8.1 The contractor shall produce evidence demonstrating that congregate care remains the least
restrictive setting required by the client and that the placement remains consistent with the short and
long-term goals for the client as specified in the case plan. The reviews shall also be used to decide
the specific service needs that will be met for the client in the placement, and the length of time the
client is expected to need the treatment or services.
C.5.1.9 The contractor shall use teaming as a fundamental approach to serving children and youth, and
participate in the client’s treatment team meetings as convened by CFSA or a child placing private
agency.
C.5.1.10 The contractor shall provide culturally competent services by staff who understand the client’s
culture; reinforce positive cultural practices; and acknowledge and build upon ethnic, socio-cultural
and linguistic strengths.
C.5.1.10.1 The Contractor shall endeavor to employ staff representative of the clients served.
C.5.1.11 The contractor shall comply with any legislation applicable to foster youth pursuant to Section
C.2, Applicable Documents.
C.5.1.11 The contractor shall comply with any legislation applicable to foster youth pursuant to Section
C.2, Applicable Documents.
C.5.1.12 The contractor shall provide all clients aged 14 or older with a Youth Bill of Rights and secure a
signed acknowledgement that each youth has received the list. (See Section C.2)
C.5.1.13 The contractor shall display and/or provide each client with the Human Trafficking Hotline and
National Center for Missing and Exploited Children phone number and community resources, in
addition to the CFSA Youth Ombudsman’s contact information.
C.5.1.14 The therapeutic congregate care facility shall meet the licensing guidelines for a group home under
29 DCMR Chapter 62 or local regulated requirements.
C.5.21.15 The Contractor shall only accept children and youth under the care of the Child and Family
Services Agency for placement under this contract between the age of 13 through 21.
C.5.1.16 The prospective Contractor shall describe how its model/approach will meet the requirements
outlined in the statement of work.
C.5.1.17 Providers of therapeutic group home care shall serve those children and youth aged thirteen (13)
to twenty-one (21) presenting the need for a congregate (as opposed to family-based) setting with a
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therapeutic milieu. These children will have an Axis 1 diagnosis and/or other clinical justification
for a therapeutic living environment
C.5.2 Continuum of Care
C.5.2.1 The contractor for therapeutic group home services shall seek to, within a period of twelve (12)
months or less, stabilize the child or youth such that they can transition to a lower level of care. For
example, if the provider is a diagnostic assessment facility, a therapeutic or traditional group home
would be a lower level of care. If the provider is a standard therapeutic group home, a traditional
group home or a family-based foster home would be a lower level of care.
C.5.2.2 Therapeutic group home providers shall have the capacity to meet the individual needs of the child
or youth from a clinical, developmental, and permanence perspective.
C.5.2.3 The contractor shall, at minimum, sustain a treatment environment and facilitate service delivery
that assists the child or youth to stabilize and improve behavioral functioning to enable progress
toward their goals.
C.5.2.3.1 Sections C.4 and C.5 delineate the required elements of a treatment environment.
C.5.2.3.2 Section C.5.6 delineates the additional services that may be required to meet a youth’s needs.
C.5.2.3.3 The contractor shall develop collaborative working relationships with other Agencies to ensure
that all services are provided as stipulated within the HCA if they do not offer the full array of
services in-house/on-site.
C.5.2.3.3.1 Preference will be given to those providers with a comprehensive array of services in order to
minimize the need for extensive cross-agency coordination.
C.5.2.3.4 As the youth stabilizes, the therapeutic group home provider shall work with the Social Worker
(CFSA or assigned Private Agency) to move the child(ren) to a lower level of care in collaboration
with other providers, including placement with kin.
C.5.2.4 The contractor shall outline how its program shall meet the requirements of the continuum of care.
C.5.3 CASE PLANNING
C.5.3.1 CFSA or the Private Agency Social Worker will maintain primary case management
responsibility via an assigned Social Worker. The c o n t r a c t o r shall support the Social Worker
in the case planning process, working together to achieve safety, permanence and well-being
objectives for the client. Case plans are reviewed within CFSA’s established time frames to assess
progress and identify barriers to meeting the plan’s goals and objectives and are revised as
needed to support goal achievement.
C.5.3.2 In accordance with the client’s case plan, the contractor shall coordinate with the CFSA or the Private
Agency’s Social Worker to facilitate integration and participation of the client as well as family
members, in the client’s congregate Individual Service Plan (ISP) and treatment program. This
includes, but is not limited to, providing a program component to teach and model the behavior
modification intervention skills the caregiver (family member or foster parent) will need to help
maintain the client in the community. The ISP incorporates goals from the CFSA case plan.
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C.5.3.3 The contractor shall use teaming as a fundamental approach to serving clients and be part of the
client’s treatment team. The contractor’s Clinical Coordinator shall team collaboratively with the
assigned CFSA or Private Child Placing Agency’s Social Worker and all CFSA clinical teams, as
well as with any external practitioners, as indicated by CFSA.
C.5.3.4 The contractor shall participate in all CFSA conferences, case reviews and meetings, as well as in
court hearings, pertaining to case planning, treatments, placement setting, and permanency.
C.5.3.4.1 The contractor shall participate in all Quality Service Reviews (QSR’s), Youth Transitional Plans
meetings, and other related reviews.
C.5.3.4.2 The contractor shall participate in court hearings in-person or remotely when absolutely necessary.
C.5.3.5 The contractor’s staff shall be actively involved in the case planning process.
C.5.3.5.1 The contractor shall ensure that the children and youth themselves, and any significant family
members and/or other significant individuals, are actively involved in the development and
implementation of the congregate ISP.
C.5.3.6 The contractor shall support the case plan objectives by providing support to complete family and
sibling visits, to include, but not limited to assistance with scheduling visits, arranging transportation
for children and youth, and providing a space for on-site visits at the congregate facility.
C.5.3.7 The contractor shall review progress on the ISP with the Primary Social Worker on a monthly basis
to assure services are being delivered in accordance with the client’s goals and objectives.
C.5.3.7.1 Progress notes shall be submitted monthly to the primary social worker and contract administrator.
C.5.4 SERVICE PLANNING
C.5.4.1 The Social Worker will take the lead while collaborating with the contractor to develop the
Individual Service Plan (ISP) that includes the following components:
a. Behavior Management Plan (BMP)
b. Individualized Treatment Plan (ITP)
c. Individualized Education Plan (IEP)
d. Individualized Health Plan (IHP)
e. Youth Transition Plan (YTP)
f. Additional elements as outlined in 29 DCMR Section 6259 “Contents of the Individual
Service Plan”.
C.5.4.2 The contractor shall work with the child or youth to meet his/her ISP objectives by providing a
structured treatment environment that meets the needs of the treatment plan and ensure progress
on those goals.
C.5.4.2.1 The contractor shall assist the youth with meeting their goals through direct provision of needed
services on site or facilitating acquisition of those services from other agencies.
C.5.4.3 The Social Worker will collaborate with the contractor to convene a multi-disciplinary team for
regularly scheduled ISP reviews for children and youth in its care.
C.5.4.3.1 The multi-disciplinary team shall include the Social Worker, the Contractor’s most relevant staff
(either managing service planning or with direct knowledge of the child’s service plan), any
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pertinent professionals in the assessment and/or service delivery array, the youth, and any
appropriate family members.
C.5.4.4 The contractor shall provide CFSA with documentation on all service-related developments for
each child or youth placed in its care. See Section C.5.5 of this agreement for documentation
requirements.
C.5.4.5 The contractor shall describe how its program will meet the requirements of service planning.
C.5.5 SERVICE ARRAY
C.5.5.1 As part of, and in addition to, basic services outlined in 29 DCMR Chapter 62, the contractor shall
directly deliver or collaborate with other agencies to deliver this array of services as part of an overall
strategy for meeting the youth’s needs for positive physical, social and emotional development. The
services must be appropriate to the age, gender, sexual orientation, cultural heritage, and the
developmental and functional level of the child or youth. The services shall include those outlined
in the individualized service plan for each child or youth, and be based on any assessments
completed. The service array shall include, among others, the following services:
C.5.5.1.1 On-site daily, intensive and structured programming;
C.5.5.1.2 On-site Behavioral Health Modification and Management Systems
C.5.5.1.4 Mental health services and supports
C.5.5.1.5 on-site individual and group mental health counseling, medication management;
substance abuse support, emergency crisis intervention
C.5.5.1.6 Onsite health coordination;
C.5.5.1.7 Onsite educational and vocational support services;
C.5.5.1.8 Therapeutic recreation;
C.5.5.1.9 Onsite family services, to include visitation and building permanent connections;
C.5.5.2.0 Life and social skills development;
C.5.5.2.1 Onsite Community connections;
C.5.5.2.2 Transportation services;
C.5.5.2.3 The contractor shall document for CFSA all pertinent information for the purpose
of data collection, monitoring, and inclusion in case records and pertinent service
plans. (Quality Assurance)
C.5.6 DAILY STRUCTURED PROGRAMMING
C.5.6.1 The contractor shall establish and ensure an intensive, structured routine and schedule of events
and activities that promotes healthy development and improves social and behavioral
functioning. The schedule of events and activities shall align with the client’s therapeutic
interventions. Children or youth should have minimal, if any, periods of unstructured time in their
daily routine.
C.5.6.2 The contractor shall provide daily structured programming in accordance with their proposal.
The contractor shall submit, as part of its proposal, a sample routine and schedule (daily, weekly,
monthly, and annual) for structured programming to include (but not be limited to) enrichment
activities, skills development training, psycho-educational group, parent education, home
management exercises, recreational services, and educational supports.
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C.5.6.3 The contractor shall employ crisis prevention and intervention services to stabilize and assist the
child or youth in returning to his/her pre-crisis level functioning when having experienced
emotional and/or behavioral turmoil. The contractor shall have staff trained in de-escalation
techniques such that the need to seek external provision of such services is only in rare cases of
extreme outburst or instability.
C.5.7 BEHAVIOR HEALTH SERVICES, MODIFICATION AND MANAGEMENT SYSTEM
C.5.7.1 The contractor shall develop and implement a comprehensive behavior management system that
outlines policy and protocol for all children and youth placed in the therapeutic group home
environment. The Contractor shall fully describe in its proposal the approach to managing children
and youth’s ability to progress within the established rules and norms of the program. This plan must
include the modality to be used, for example an incentive-based point system, and the specifics of
how this will be applied.
C.5.7.2 The contractor shall develop a Behavior Modification and Management Plan (BMMP). The
BMMP, shall be individualized and aligned with the client’s case plan, as developed by the Social
Worker. The BMMP shall target the specific behaviors that undermine a client’s ability to pursue
and meet developmental, emotional or educational goals, and provide interventions in the congregate
care setting that will encourage and support the client in decreasing or eliminating the inappropriate
behaviors that are interfering with success. The contractor shall include goals and objectives in the
plan that address any maladaptive behaviors that may hinder the individual from functioning well in
the group home, school, with family, or in the community. The contractor shall document for each
child or youth progress notes for both positive and negative behaviors. The contractor shall review
and update the plan periodically in the context of the individual service plan and/or treatment plan
reviews.
C.5.7.3 The behavior modification and other structured programming provided in the therapeutic congregate
care setting shall include group work, skill building and 1:1 behavioral support.
C.5.7.4 The contractor shall implement a BMMP that is comprehensive, trauma-informed and reflects the
principles of positive youth development.
C.5.7.5 Each client’s BMMP shall be updated as needed, at a minimum every 90 days. The updated plans
shall be maintained in the client’s case file.
C.5.7.6 The contractor shall employ behavior management techniques to assist the child with behavior
problems in understanding the consequences of inappropriate behavior and minimize the negative
side effects that interfere with the child’s personal development and community integration.
Behavior management shall develop, restore, manage and maintain the child’s mental or emotional
growth and teach and reinforce appropriate behaviors.
C.5.7.7 The contractor shall engage the client’s birth family, and/or identified foster parent, in the
implementation of the BMMP so the client may continue progressing once out of a therapeutic
congregate care setting.
C.5.7.8 The contractor shall have a policy in place that describes the monetary allowance system for children
and youth placed in care. This information shall be available upon request of the CA. All costs and
policies shall be aligned with CFSA related protocols.
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C.5.7.9 The prospective contractor shall outline its BMMP is its Proposal.
C.5.8 MENTAL HEALTH SERVICES AND SUPPORTS
C.5.8.1 As a therapeutic congregate care environment serving children and youth with significant clinical
needs, the contractor or collaborator from another agency shall provide appropriate on-site clinical
services that support the case and/or treatment plan developed by the Social Worker. The Contractor
shall provide a detailed plan for making available any needed clinical services available on-site.
C.5.8.2 The contractor shall ensure that the therapeutic interventions offered on-site shall be provided by
licensed clinicians and include but not limited to, individual and/or group insight-oriented, trauma-
focused therapy on grief, loss and separation, somatic or behavioral symptoms, and trauma
associated with human trafficking.
C.5.8.3 The contractor shall use crisis prevention and intervention services as needed to stabilize and assist
the client in returning to pre-crisis-level functioning. The Therapeutic Congregate Care Contractor
shall have staff trained in trauma-focused de-escalation techniques in order to foster a safe
environment.
C.5.8.4 The contractor, as part of the multi-disciplinary team, shall participate in the development and
implementation of the ITP that identifies and outlines the services needed for children or youth
placed in care. The ITP shall be based on the information derived from an evaluation and assessment
conducted by the Mental Health Service provider within the first 30 days of placement with the
Contractor. The evaluation and assessment shall include present level of functioning in the domains
mentioned above; shall maintain treatment objectives in measurable terms; shall indicate the specific
services and supports necessary to meet the unique needs of the child or youth; and shall include
names and titles of persons responsible for implementing the ITP. The ITP must be signed by an
appropriate clinician such as a psychiatrist, psychologist, licensed professional counselor; or, a
licensed independent social worker or licensed graduate social worker, under the supervision of a
psychiatrist, psychologist or LICSW.
C.5.8.5 The contractor shall provide or facilitate connection to, mental health services outlined in a child or
youth’s Individualized Treatment Plan (ITP). The ITP is a component incorporated into the
Individualized Service Plan (ISP) for the child or youth. The Contractor shall utilize, to the extent
possible, a mental health services provider for on-site delivery of services, or a provider that accepts
Medicaid.
C.5.8.6 The contractor shall provide on-site, individual or group mental health counseling/ psychotherapy
services by an appropriate clinician such as a psychiatrist, psychologist, licensed professional
counselor; or, licensed independent clinical social worker or licensed graduate social worker, under
the supervision of a psychiatrist, psychologist, or LICSW. These services should be in place within
the first 60 days of placement with the contractor. These services shall be coordinated by the
contractor, the assigned Social Worker, the CFSA Office of Wellbeing, and in collaboration with
any external practitioners indicated by CFSA.
C.5.8.7 The contractor shall provide on-site, individual and group counseling (no more than 8 children or
adolescents to 1 professional) that is psycho-educational in nature and shall be made available to all
residents to address, but not be limited to, the following topics:
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C.5.8.7.1 Grief, loss and separation counseling - to assist the child with abnormal or
complicated grief, loss and separation reactions to help separation, prolonged grief,
and/or address masked somatic or behavioral symptoms as a result of the grief
response.
C.5.8.7.2 Anger management techniques and training – to assist in managing “anger”, which is
a normal, natural reaction to situations that cause disappointment, hurt, frustration,
sadness, and other negative emotions.
C.5.8.7.3 Substance abuse supports – referral youth to substance abuse counseling when
appropriate.
C.5.8.7.4 Counseling and therapy associated with trauma associated with human trafficking
C.5.8.8 The contractor shall educate the child and caregivers of the symptomatology of the illness to support
medication compliance, to include; educating the children and youth and his/her caregiver regarding
the benefits and side effects of the child’s medication; instructing and assisting the child and
caregiver in the self-administration of the medication upon discharge; and observing the child or
youth’s vital signs and level of performance to ensure that adverse side effects are minimized.
C.5.8.9 Medication management shall be provided by a physician, registered nurse (RN), or staff that are
trained as certified medication technicians.
C.5.8.10 The contractor shall directly provide or through partnership provide non- traditional therapeutic
interventions and supports that have demonstrated efficacy with traumatized populations,
C.5.8.11 The contractor shall facilitate access, service linkages and monitoring of these services to assist
and enable the child or youth to receive services authorized in the ITP; coordinate the completion of
evaluations and assessments; participate in the development, review and evaluation of the ITP; assist
and identify available service providers, and coordinate the provision of services with health care
professionals.
C.5.8.12 The contractor shall ensure on-call availability of a clinician for emergent and urgent services and
consultations.
C.5.8.13 The prospective contractor shall describe in detail its delivery and coordination of mental health
services in its Proposal.
C.5.9 HEALTH CARE SERVICES
C.5.9.1 The contractor, in collaboration with the Social Worker shall plan, facilitate, and coordinate
meeting all preventive, routine, and emergency health care needs for each child or youth in
coordination with the child or youth’s Individualized Health Plan (IHP) and CFSA’s Healthy
Horizons Assessment Center. All services will be initiated with DC Medicaid providers to the
extent possible. Transportation shall be coordinated between the contractor and Social Worker.
C.5.9.2 The contractor shall support the Social Worker with carrying out the IHP and incorporate the
plan into the child or youth’s Individual Service Plan. The Contractor shall ensure the delivery
of health and services needs and identify and report any barriers in meeting IHP goals.
C.5.9.3 The contractor shall, manage the administration of medication to include filling prescriptions and
obtaining renewed scripts. The Contractor shall document the amount of medication on hand for new
residents and the amount of medication remaining when residents discharge.
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C.5.9.4 The contractor shall maintain a medications administration record that at a minimum contains the
following:
• Name & dosage
• Time given
• Route given (oral etc.)
• Person administering the medication
• If client refused
C.5.9.4 All administration of medication shall be kept in a log, including when medication is declined
or missed. All missed dosages or those dispensed in error shall be followed with an unusual
incident report.
C.5.9.5 The Contractor shall secure, all medically recommended health and therapeutic services
including, but not limited to, annual physical examinations, follow-ups, medical appointments,
obtaining medication and prescription refills, physical and occupational therapy, glasses
examinations, hearing aids, prosthetic devices, and corrective physical and dental devices, takes
place as scheduled. The Contractor shall communicate appointment outcome information to
CFSA.
C.5.9.6 The Contractor, shall support the Social Worker with facilitating the provision of physician-
prescribed in-home nursing and/or any other specialized health services in accordance with the
case plan and Individualized Health Plan.
C.5.9.7 The Contractor, shall support the Social Worker with meeting the needs of all pregnant youth.
The Healthy Horizons Assessment Center will coordinate, with the Social Worker, appropriate
community-based prenatal care through a Medicaid obstetric and gynecological provider for all
youth in need of and seeking such services.
C.5.9.8 The Contractor shall, in an emergency, facilitate transport and accompany the child or youth to
the nearest medical facility, as well as provide the facility with the client’s Medicaid information.
The Contractor shall notify the Social Worker within 24-hours.
C.5.9.8.1 The Contractor shall notify the Healthy Horizon Assessment Center through the 24 hour on-call
phone: 202-498-8456.
C.5.9.8.2 The Contractor shall not consent to treatment. In a true life-threatening emergency, treatment
will be initiated by the emergency room staff.
C.5.9.8.3 The Contractor staff shall remain with the child for the duration of any emergency treatment
until relieved by CFSA if available.
C.5.9.9 The Contractor shall include in its training plan a module that prepares staff on the health care
topics to include, among others, the following: HIV/AIDS, communicable diseases, universal
precautions, nutrition, diabetes, dental/oral care, asthma, and well-child care.
C.5.9.10 The Contractor shall follow CFSA’s guidelines for youth affected by HIV and AIDS.
https://cfsa.dc.gov/publication/program-hiv-and-aids. Section C.2.17.
C.5.9.11 The prospective Contractor shall include a plan to meet health services requirements in its
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Proposal.
C.5.10 EDUCATIONAL AND VOCATIONAL SERVICES
C.5.10.1 The Contractor shall be responsible for ensuring the educational and vocational needs of all
children/youth placed in its care are met. In collaboration with the Social Worker, the Contractor
shall arrange for and ensure that each school-aged resident attends an educational or vocational
program in accordance with all applicable federal, state and local laws and the child/youth’s
Individual Service Plan (ISP) and Individualized Education Plan (IEP).
C.5.10.2 The Contractor in coordination with the CFSA Social Worker shall be responsible for enrolling
and arranging transporting for all school-age and youth to educational, extra-curricular,
vocational and/or mentoring activities; unless otherwise provided by the school district, another
community-based service provider, or arranged by CFSA, to address a specialized educational
need as defined in the service plan.
C.5.10.3 The Contractor in coordination with the Social Worker shall ensure that youth who are no longer
required to attend school under the District of Columbia’s or local jurisdiction’s Compulsory
Education Law receive directly, or are appropriately linked to, a continuing education or
vocational training program in preparation for economic independence.
C.5.10.4 The Contractor shall maintain the children or youth’s educational records; including, but not
limited to, report cards, educational testing and Individualized Education Plans (IEP’s). The
Contractor shall make copies of all educational information available to CFSA on a monthly
basis; or more often if the Contractor receives pertinent information between monthly reviews.
C.5.10.5 The Contractor in coordination of the CFSA Social Worker ensure that all children and youth in
need of Special Education receive assessment by the assigned school, or another authorized
Special Education evaluator approved by the District of Columbia Public Schools (DCPS). In
coordination with the Social Worker, the Contractor shall participate in all meetings held at the
child or youth’s local school in order to develop and/or enhance the IEP.
C.5.10.6 The Contractor shall comply with education policies set forth by DCPS and CFSA regarding the
provision of special education services and other guidance on a variety of education-related
topics. The CFSA Office of Wellbeing Education and Child Care is available for consultation
and assistance in this area.
C.5.10.7 The Contractor shall facilitate participation in educational enrichment programs and activities
for children and youth.
C.5.10.8 The Contractor shall identify those educational duties and responsibilities for which congregate
care staff and/or other HCA staff will be accountable (e.g., attendance at school conferences,
provision of school supplies, assistance with homework, regular contact with teachers). The plan
shall also include description of the educational equipment provided to youth to assist and enrich
educational endeavors such as provision of computers, adequate study areas, in-home tutoring
(paid or non-paid), and other assistance. School supplies shall be provided by the Contractor.
C.5.10.9 The Contractor shall facilitate the delivery of tutoring, mentoring, and other remedial and
advocacy services on-site, via community-based providers, or via CFSA’s Office of Clinical
Practice. The Contractor shall document the provision and quality of the service.
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C.5.10.10 The Contractor shall ensure the Social Worker is appraised of when children and youth present
any educational limitations, and or meet criteria listed below to receive tutorial/remedial
services:
C.5.10.10.A Two or more grade levels behind age-appropriate academic performance.
C.5.10.10.B Reporting grades of D’s or F’s.
C.5.10.10.C Services recommended by IEP.
C.5.10.10.D Services recommended by school.
C.5.10.10.E Services recommended by a psychological evaluation, or
C.5.10.10.F Services recommended by the ISP.
C.5.10.11 CFSA encourages the provision of mentoring services for all children and youth being cared for
in congregate care. The Contractor shall work to develop innovative provision of mentoring
services that are community-based, linked to professional groups, and/or are on a volunteer basis.
Mentoring services should be supplemental activities to tutoring and recreational endeavors
already provided by the congregate care program. CFSA provides mentoring services to children
and youth identified and referred by their Social Worker, but is moving in the direction of the
provision of mentoring services by volunteers. CFSA seeks innovative design of services that
are supplied by the Contractor with minimal, or no cost, to CFSA.
C.5.10.12 The Contractor shall inform and document for CFSA all pertinent educational information to
include report cards, transcript, IEPs, etc, for the purposes of data collection, monitoring, and
inclusion in case records and pertinent education and service plans.
C.5.10.13 The Contractor shall link youth to vocational services as per any service objectives set forth in
the child or youth’s ISP. These services shall include vocational assessment and training
programs.
C.5.10.14 The Contractor shall coordinate with the CFSA education and vocation specialists and Social Worker
to ensure each client has access to educational enrichment programming and is making progress
towards their school and training goals.
C.5.10.15 The contractor shall include a description of how to it plans to meet the education needs of District
foster children and youth in its Proposal.
C.5.11 THERAPEUTIC RECREATION
C.5.11.1 The Contractor shall facilitate access to regular recreational programming for children and youth
that includes positive, pro-social recreational activities that reduce the risk of engaging in
antisocial behaviors, and serves as a protective factor as they step down to lower levels of care
and transition from foster care to the community.
C.5.11.2 The Contractor shall provide each client with the opportunity to participate in at least two recreational
activities each week, as defined by the client’s stated interests.
C.5.11.3 Programs shall facilitate access to recreational activities that spark the child or youth’s interest,
enhance self-confidence, nurture the development of hobbies, and may serve as a long-term
activity. The Contractor shall ensure sufficient recreational supplies, equipment and activities.
Participation in music, arts and sports is encouraged. The Contractor’s programming shall
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provide weekly recreation and experiential outings as part of their schedule of activities, to
include both group and individual outings.
The prospective Contractor shall include a description of its recreation program as part of its
Proposal.
C.5.12 FAMILY VISITATION AND BUILDING PERMANENT CONNECTIONS
C.5.12.1 The Contractor shall provide supportive assistance in facilitating visits between the child or
youth and his/her family members to include parents, siblings, and/or other significant persons,
in settings that are conducive to positive family interaction.
C.5.12.2 The Contractor shall support the Social Worker in identifying possible permanent connections
between children/youth and a significant individual in the child or youth’s life who can serve as
a permanent resource.
C.5.12.3 T he Contractor shall ensure visits occur in the client’s home community, in the homes of relatives
and/or other significant individuals, and/or at the facility as appropriate and in accordance with
the case plan.
C.5.12.4 The Contractor shall encourage phone calls and other forms of communication shall be between
the client and relatives, as well as with other significant individuals.
C.5.12.5 The Contractor shall support family engagement throughout the client’s placement in congregate
care, regardless of the client’s permanency goal.
C.5.12.6 The prospective Contractor shall describe how it intends to implement supportive assistance in its
Proposal.
C.5.13 LIFE AND SOCIAL SKILLS TRAINING AND DEVELOPEMENT
C.5.13.1 The Contractor shall facilitate access to programming that includes a comprehensive curriculum
that includes those life and social skills outlined in 29 DCMR Chapter 62 Section 6270.
C.5.13.2 The Contractor shall support the Social Worker with the enrollment and participation of residents
aged sixteen (16) and older in CFSA’s Independent Living Program, Office of Youth
Empowerment (OYE.). The Contractor shall provide residents an opportunity to consistently
apply the expectations and activities of the OYE.
C.5.13.3 The Contractor shall support and reinforce the skills curricula provided by CFSA Office of Youth
Empowerment (OYE), including (but not limited to) those life, financial literacy, household and
budget management and social skills outlined in 29 DCMR Chapter 62 Section 6270.1.
C.5.13.4 The Contractor shall facilitate employment assistance and job coaching for youth.
C.5.13.5 The Contractor shall provide on-site group and individualized life skills sessions as part of its
programming. The Contractor shall submit an overview of the curriculum, training and
assessment as part of its proposal.
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C.5.14 COMMUNITY CONNECTIONS
C.5.14.1 The Contractor shall ensure that children and youth develop skills for living successfully in the
community. The program shall make community resources available to children and youth, and
encourage participation and involvement in community-based programming. Volunteer civic
activities, use of public agencies/services such as the local library and health clinic, and
recreational activities at a local gym or community center are some examples of such resources.
The prospective Contractor shall include a description of the model for developing community
connections in its proposal, and the community resources it plans to utilize.
C.5.14.2 The Contractor shall ensure that every child or youth has an opportunity to participate in religious
services of his/her choice, or to refrain from religious practice if so desired. The Contractor shall
make meal choices or alternatives available that respect the religious practices of children and
youth. The Contractor should mention any relationships it has with churches or religious groups
in its proposal.
C.5.14.3 The Contractor shall link children or youth with organizations that can provide education and
support services for any gay, lesbian, bisexual, transgendered and questioning children and youth
in need of these services.
C.5.15 COMMUNITY-BASED SERVICES
C.5.15.1 The Contractor shall assist children and youth in maintaining connections with schools, churches,
friends and families, as deemed appropriate, in collaboration with the CFSA Social Worker. The
Contractor shall develop and maintain linkages that strengthen the relationship with the
child/youth’s home communities, and/or the community in which he/she may be residing upon
discharge.
C.5.15.2 The Contractor shall develop a community-based network of services and affiliations that will
facilitate supportive services for youth and their families in the community of origin, community
of placement, and/or community where a potential kinship care or family-based foster care
provider resides.
C.5.15.3 The Contractor shall implement a model or practice that supports youth in becoming involved in
community-based services. Further description is included in Section C.5.13 “Community
Connections”.
C.5.16 TRANSPORTATION
C.5.16.1 The Contractor shall facilitate transportation needed by the youth in its care. The Contractor shall
ensure vehicles include all safety devices required by law. (The Contractor shall provide
evidence of any proposed vehicle(s) to be utilized, and CFSA will monitor the condition for the
purpose of ensuring safe transport of children and youth. The Contractor shall submit upon
request of the CA, copies of vehicle registrations and inspections, if applicable.
C.5.16.2 The Contractor shall facilitate/arrange transportation for children/youth to all:
C.5.16.2.A Routine and emergency medical and mental health appointments;
C.5.16.2.B Daily school/educational, extra-curricular and vocational activities;
C.5.16.2.C Recreational activities;
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C.5.16.2.D Community activities;
C.5.16.2.E Family activities and visits;
C.5.16.2.F Reviews, court appearances, and conferences.
C.5.16.3 The Contractor shall comply with all required Federal, State, District or Municipal regulations related
to performing transportation services during the term of the contract.
C.5.16.4 The prospective Contractor shall describe the provision of transportation services in its proposal.
C.5.17 FINANCIAL MANAGEMENT
C.5.17.1 The Contractor shall support and reinforce the youth’s completion of the ESCROW program and
their active participation in the Matched Savings Program, as offered by OYE.
C.5.17.2 The Contractor shall administer a monetary allowance for the clients placed in care in accordance
with Chapter 29 DCMR 6332. In its response, the Contractor shall describe the allowance system,
including (but not limited to): disbursement; strategies for fostering banking/savings skills; and
strategies for connecting the allowance to larger financial goals and skill-development.
C.5.17.3 The client shall be placed in a congregate care facility for a minimum of 30 consecutive days to
receive a personal allowance for their personal use. The Contractor shall distribute the allowances to
the clients.
C.5.17.4 The Contractor shall provide daily guidance and coaching to clients regarding how to manage their
allowance to help reinforce financial management and budgeting skills.
C.5.17.5 Provision of allowances shall be aligned with applicable CFSA policy. It is the policy of CFSA to
provide a personal allowance to youth ages 15 up until age 21. The clients must be placed in a foster
home or congregate care facility for a minimum of 30 consecutive days to receive a personal
allowance for their personal use. Allowances are distributed to clients by the placement resource
provider (i.e., resource parents or congregate care setting operators). Resource providers are expected
to provide daily guidance and coaching to clients regarding how to manage their allowance to help
reinforce financial management and budgeting skills. Funds for the allowance are included in the
existing contractual budget or otherwise CFSA approved foster care board payment. Social Workers
are expected to inform youth and resource Contractors on their case load that there is a policy
regarding personal allowances.”
C.5.18 CFSA Approval of Plans, Policies and Procedures for Start-Up-Entities
The Contractor shall complete and submit the following plans, policies and procedures to CFSA
for review and approval within 30 days post-award:
a. Start-Up and Mobilization Plan. The contractor shall submit a final mobilization plan for
approval that addresses the tasks below, with designated points of contact and timelines,
including but not limited to:
i. Secure and outfit office space in the District of Columbia
ii. Establish procedures to facilitate data sharing with and reporting to CFSA.
iii. Revise existing policies and procedures as needed.
iv. Create and implement a successful foster parent recruitment strategy.
v. Re-license facility if transferred from an existing contractors.
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vi. Recruit, train and license new foster homes.
vii. Recruit and hire staff.
viii. Train and license staff.
ix. Establish the matching and placement process.
b. Staffing Plan
c. Staff Training Plan
d. Placement Protocols
e. Continuous Quality Improvement Plan
f. Unusual Incident Reporting Process
g. Risk Management and Continuity of Operations Plan
C.6 GENERAL REQUIREMENTS
C.6.1 REGULATORY AND POLICY COMPLIANCE
C.6.1.1 The Contractor operating programs of Therapeutic group home Care within the District of
Columbia shall be licensed by the DC Child and Family Services Agency in accordance with
Chapter 62 of Title 29 of the District of Columbia Municipal Regulations, entitled “Licensing of
Youth Shelters, Runaway shelters, Emergency Care Facilities, and Youth Group Homes”.
C.6.1.2 The Contractor of services operating a program in a jurisdiction other than the District of Columbia
shall meet the licensing requirements for the jurisdiction in which the facility is operating; and
shall also comply with any District of Columbia licensing requirements that may be more stringent.
A program operating a facility in another jurisdiction is not required to seek a District of Columbia
license but must provide evidence of licensure for the jurisdiction within which the facility is
operating.
C.6.1.3 The Contractor’s facilities shall maintain compliance with all local and federal housing and
building code regulations, including both external and internal handicap-accessibility.
C.6.1.4 The contracture shall ensure that their facilities serve youth in the most family-like manner by
restricting the number of children and youth served in a single congregate care facility to no more
than eight (8). The only permissible exception to placement of a child/youth in a facility serving
more than eight (8) residents is if the individual needs of the child/youth require specialized care
that can only be provided in a larger facility.
C.6.1.5 The Contractor shall ensure programming is consistent with policies, administrative issuances,
procedures and standards promulgated by CFSA.
C.6.1.6 The Contractor shall comply with all District and Federal funding requirements and any related
policies established by CFSA to ensure funding of programs and services outlined in this Scope of
Services and the associated Human Care Agreement.
C.6.1.7 All Contractors shall comply with the District of Columbia’s drug-free workplace certification
requirement (29 DCMR § 8207). Failure to comply with the requirements may render a Contractor
subject to suspension of invoice payments, termination of the HCA or other available legal
remedies.
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C.6.1.8 In accordance with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), as amended, no
person eligible for services shall, on the grounds of race, color, religion, nationality, sex, or
political opinion, be denied the benefits of, or be subjected to discrimination under, any program
activity receiving District funds.
C.6.1.9 The Contractor shall maintain an environment that is free of discrimination and harassment based
on gender identity, sexual orientation, religious and racial/ethnic background, and/or disability.
C.6.1.10 The total enrollment of any therapeutic congregate care setting shall be limited to six clients per
facility.
C.6.1.11 The contractor shall submit copies of their facilities licensing report to CFSA.
C.6.2 LOCATION OF SERVICES
C.6.2.1 The Contractor that possesses a license for the congregate care services being offered to CFSA
may add new locations to serve CFSA referrals. These new locations must be licensed within 90
days of the issuance of a task order.
C.6.3 SERVICE INTEGRATION/LINKAGE
C.6.3.1 The Contractor shall demonstrate formal relationships and agreements with other CFSA service
providers, District agencies serving children, youth and families, and community-based
organizations. The services shall be appropriate to the age, gender, sexual orientation, cultural
heritage, developmental and functional level, as well as the learning ability of each youth. The
Contractor shall provide evidence of such a service network via sub-contracts, formal service
agreements, and memoranda of understanding among members of the service network upon
request of the CA. The responder needs to submit evidence of an established service network with
some form of formal, written agreement.
C.6.4 FAMILY-CENTERED PRACTICE
C.6.4.1 The Contractor shall employ a family-centered approach to care that includes, when appropriate,
parents, family members and other significant individuals in the youth’s life. In coordination with
the CFSA Social Worker, the Contractor shall facilitate visitation between the youth and family
members (including siblings) and/or other significant individuals in the youth’s life Visits may
occur in the child or youth’s home community, in the homes of pertinent relatives and/or
significant individuals, and/or at the group home site. Phone calls and other forms of
communication shall also be encouraged between the child/youth and relatives, as well as other
significant individuals. The Contractor shall support family participation throughout the duration
of the placement in care, regardless of the permanency goal and document efforts and progress.
C.6.5 CULTURAL AND LINGUISTIC COMPETENCE
C.6.5.1 The Contractor shall ensure culturally competent services that ensure staff understand and are
familiar with the youth’s culture, reinforce positive cultural practices, and acknowledge and build
upon ethnic, socio-cultural and linguistic strengths. The Contractor shall endeavor to employ staff
representative of the community served.
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C.6.5.2 The Contractor shall have the capacity to provide linguistically competent services through staff
that are fluent in the languages spoken by the children and youth being served, or from another
source providing such services. The Contractor shall have the capacity to serve hearing impaired
clients.
C.6.7 ADMINISTRATIVE OPERATIONS-MANDATORY AND UNUSUAL INCIDENT
REPORTING
C.6.7.1 The Contractor must report any alleged child abuse, neglect or other risk to residents health and
safety to the CFSA hotline (202-671-SAFE), including incidents with non- ward children,
within two (2) hours. Under no circumstance shall the notice take longer than twenty-four (24)
hours.
C.6.7.2 The Contractor shall follow the procedures and requirement outlined in 29 DCMR Chapter 62
licensing regulations for mandatory reporting of unusual incidents, and as established in CFSA
policy. The Therapeutic Congregate Care Contractor must file an unusual incident report any
time a resident or staff has engaged in an event that is significantly distinct from normal routines
or procedures followed by the resident, the program, the staff, or any person relevant to the
resident.
C.6.7.3 Following a “missing child” incident, the Contractor shall hold the bed for five business days and
accept the youth back into the program upon his or her return. The Contractor shall participate in
the “return to care staffing” convened by the CFSA or Child Placing Private Agency social worker
for all missing or absent children who return after 72 hours and are chronic absentees or at high
risk, as well as for those who are located but do not return to CFSA.
C.6.8 ADMISSION, INTAKE & DISCHARGE
C.6.8.1 The contractor shall be capable of admitting clients into its program on a 24-hour-a day, 7 day-
a- week basis, for each day of the year, including holidays.
C.6.8.2 The contractor shall have a mechanism in place to ensure immediate response to CFSA (within
2 hours) when a call is made for placement.
C.6.8.3 At any given time, the Contractor shall maintain a total of eight (8) beds available for CFSA.
C.6.8.4 The Contractor shall have a “no reject policy” and accept all clients that meet the program
specifications up to the maximum number of beds purchased pursuant to the resultant contract.
C.6.8.5 CFSA’s Placement and Kinship Administration has sole authority for making placement referrals.
Referrals of CFSA-involved children and youth made from private agencies shall not be accepted
without authorization of the CFSA Placement and Kinship Administration.
C.6.8.6 Following a call requesting placement, the Contractor shall participate in any pre- admissions
meeting with the client’s Primary Social Worker, to review the client’s individual profile,
treatment/service needs, and permanency goals. The Contractor shall also participate in all
initial staffing and assessments as required by CFSA.
C.6.8.7 If the Contractor accepts non-CFSA youth into placement, the following shall be ensured:
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C.6.8.7.A An adequate approach to confidentiality issues;
C.6.8.7.B The provisions of D. C. Code § 16-2313 are adhered to regarding “commingling of
juveniles”.
C.6.8.8 In collaboration with the CFSA or Child Placing Private Agency Social Worker, upon admission,
the Contractor shall ensure each client receives a copy of the Youth Bill of Rights and the CFSA’s
Youth Ombudsman’s contact information. The Contractor shall retain signed verification the
children and youth received the information.
C.6.8.9 No client shall be discharged without a minimum of a 30 day notice. For any client leaving
the program, the contractor shall participate in discharge planning with CFSA staff.
C.6.8.10 The Contractor shall only discharge children and youth from a program as part of a planned
change, as established according to the CFSA case plan as identified as one or more of the
following circumstances. A formal conference must take place in coordination with the Social
Worker and the CFSA Kinship and Placement Administration:
C.6.8.10.A The child or youth has progressed in functioning and/or development, and is ready
for a less restrictive level of care;
C.6.8.10.B The child or youth is in need of a more intensive, therapeutic program (as identified
by the CFSA Social Worker);
C.6.8.10.C The child or youth is to be reunified with family or relatives;
C.6.8.10.D The child or youth is to be placed in a family-based foster care setting;
C.6.8.10.E The child or youth is to be adopted;
C.6.8.10.F The child or youth has adequately met his/her independent living goals and is ready
to leave foster care.
C.6.8.11 Such planning begins a minimum of thirty (30) days prior to discharge, and includes a plan
for care and service supports needed by the clients and their family post-discharge.
C.6.8.12 The Contractor shall retain the child or youth in his/her current placement setting until a decision
has been made by the Social Worker and CFSA. If CFSA determines that re-placement is the most
appropriate plan, the Contractor shall retain the child or youth in the current placement with
continued supports until a safe, timely transition can be realized.
C.6.8.13 If the Contractor is requesting a placement shift to a more intensive therapeutic program, the child
or youth must meet the established criteria for therapeutic placement that includes, among other
criteria, one or more DSM-V diagnoses, at least one of which is an Axis 1 diagnosis. The
Contractor shall also produce documentation to CFSA of all progress notes, behavior management
techniques employed by the program, crisis intervention and support services applied, and any
relevant documents from mental health professionals. The Social Worker and the CFSA Placement
and Kinship Administration will make the determination as to the need for intensive therapeutic
care.
C.6.8.14 The Contractor shall ensure that discharge and aftercare planning is incorporated into the ISP in a
timely manner, and not later than thirty (30) days prior to a child or youth’s discharge from that
program. The Contractor shall collaboratively plan with the Social Worker. The prospective
Contractor shall describe the process for discharging children and youth in its response. .
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C.6.9 ORGANIZATIONAL REQUIREMENTS
C.6.9.1 The Contractor shall submit information regarding its organization that includes the mission,
organizational structure, location, services and programs offered.
C.6.9.2 The Contractor shall submit a current organizational chart that displays organizational relationships
and demonstrates the staff member with responsibility for administrative oversight and supervision
for each activity required under this HCA, staff with training authority, staff with programmatic
and clinical responsibility, and all other key staff, including main office and the congregate care
facility staff.
C.6.9.3 The Contractor shall maintain, and submit as part of its response, a policies and procedures
manual(s) that, at a minimum, describes in detail the philosophy and approach to care, program
management, admissions, service delivery, behavior management, facility management and safety
measures, staffing guidelines and training requirements, and residents’ rules of conduct to include
rights and responsibilities and grievance procedures.
C.6.9.4 The Contractor organization shall maintain a Board of Directors, or similar governing body, that
provides legal oversight and is comprised of representatives from the community with experience
in governance, financial management, fundraising, child welfare expertise, and any other
experience pertinent to administration of a therapeutic group home environment.
C.7 CONTINUOUS QUALITY IMPROVEMENT
C.7.1 The Contractor shall comply with the monthly requirements for progress note documentation
regarding children and youth placed by CFSA (see Section C.5.7.2, C.5.6.2, C.6.8.13, C.10.2,
C.10.3 and F.3.3 for details of documentation requirements), and with any data requests made by
CFSA in regard to children and youth cared for as per this agreement.
C.7.2 The Contractor shall maintain a quality assurance (QA) system that provides for the collection and
review of both quantitative and qualitative data, for the purposes of program evaluation and
assessment of individual client progress.
C.7.3 As part of its response, the Contractor shall submit an overview of its quality assurance system.
C.7.4 The Contractor shall make its quality assurance system and data available for CFSA review. Data
and documentation on each client shall be submitted monthly, and upon request by CFSA.
C.7.5 CFSA will monitor the QA system and the data produced. Program evaluations of the program will
be completed by CFSA every six months, assessing both client’s progress and overall program
functioning.
C.7.6 The Contractor shall, on a monthly basis, provide a report on required and discretionary activities
specified throughout the contract.
C.8 RECORDKEEPING AND DOCUMENTATION REQUIREMENTS
C.8.1 The Contractor shall send to the Social Worker preparatory documents prior to the scheduled ISP
review meeting, and a summary update to the plan following the review for inclusion in the CFSA
case record. The Contractor shall ensure that these monthly reviews and updates to the ISP include
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detailed notes on the child or youth’s progress, and/or lack thereof, for inclusion in the CFSA case
record.
C.8.2 The Contractor shall establish and maintain an up-to-date record on each child or youth in its care.
The record shall include all service planning, treatment, progress notes, and other information
pertinent to the child or youth in a manner conducive to managing care and audit review.
C.8.3 The Contractor shall submit to CFSA’s Business Services Administration (BSA) all progress notes
on treatment and service delivery that fully outline the care provided to children and youth. On a
monthly basis, the Contractor shall include summary notes on dates of service, the service
providers and their credentials, the nature and extent of the service, units of service, and place of
service.
C.9 PERFORMANCE INDICATORS AND OUTCOMES
C.9.1 The Contractor shall maintain a quality assurance system that includes the collection and review of
both quantitative and qualitative data for the purposes of program evaluation and determination of
outcome achievement for children and youth. This system shall give full consideration of CFSA’s
performance and outcome measures. The Contractor shall make its quality assurance system and
data available for CFSA review. Data and documentation on each client shall be submitted monthly,
and upon request by CFSA.
C.9.2 As part of its quality assurance system, the Contractor shall collect data pertinent to the performance
indicators and outcome areas outlined in this section. The Contractor shall work collaboratively with
CFSA in further development of indicators and outcome measures in the areas of safety, permanence
and wellbeing. The following represents the three broad child welfare outcome areas with a sampling
of performance indicators developed for each area:
C.9.2.1 Safety
C.9.2.1 Safe Haven – The care environment will ensure safety and adequate supervision
of children/youth to maintain safety for residents.
Performance Indicators:
C.9.2.1.A. Incidence of Unusual Incidents that compromise safety of residents.
C.9.2.1.B. Incidence of substantiated findings of Institutional Abuse/Neglect
Incidence of program concerns detected as part of an investigation or
routine monitoring leading to corrective actions or performance
improvement plans.
C.9.2.2 Adequacy of Staff – Staff will be adequately screened, qualified and supervised.
Performance Indicators:
C.9.2.2.A. Rate of regularity for completion of required criminal background and
child protection registry clearances.
C.9.2.2.B. Occurrence of staff credentialing, qualification, and training standards
met.
C.9.2.2.C. Rate of maintaining facility staffing array.
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C.9.3 Permanence
C.9.3.1 Placement Stability – Placements will be stable and purposeful. Contractor will only
facilitate planned placement setting changes that place child or youth in accordance
with formal plans (case plan and the ISP and its components), and with the goal of
placement in less restrictive placement settings.
Performance Indicators:
C.9.3.1.A. Incidence of unplanned discharge of children or youth.
C.9.3.1.B. Incidence of children and youth stepping down to less restrictive
placement settings within 12 months of placement with Contractor.
C.9.3.2 Service Planning – Individual Service Plans will be current and reflective of the
Agency’s goals. Planning will include integration and participation of the client,
family members, and other significant persons in the youth’s life. others.
Performance Indicators:
C.9.3.2.A. Rate of Contractor participating in Youth Transition Planning
meetings.
C.9.3.2.B. Rate of youth Individual Service Plans aligned with CFSA Youth
Transition Plans.
C.9.3.2.C. Rate of youth with current Behavior Management Plans.
C.9.4 Well Being
C.9.4.1 Facilitation of services and supports to maintain physical and emotional health.
Performance Indicator:
C.9.4.1.A. Rate of youth that receive life-skills supports.
C.9.4.1.B. Rate of youth with current annual health exams.
C.9.4.1.C Rate of youth with current dental health exams.
C.9.4.1.D Rate of youth reporting satisfaction with placement services.
C.9.5 Information Management System Requirements
C.9.5.1 The Provider shall meet the following requirements specified by CFSA's Child Information
Systems Administration (CISA) for the purpose of meeting the data collection and
documentation requirements.
C.9.5.1.1 Intel i5, 2.00 GHz,8 GB RAM or above
C.9.5.1.2 Windows 10 Professional I Home Edition or higher, Microsoft Edge, Adobe Acrobat
Reader 11 or above required for viewing reports that are printed in .pdf format.
C.9.5.1.3 Microsoft Office 2016 or Word Viewer. This is required to view reports/forms printed in
.doc or .docx format
C.9.5.1.4 High speed Internet Connection
C.9.5.1.5 FACES.NET Access and Information
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C.9.5.1.6 The Provider shall ensure that all staff responsible for managing the Comprehensive Child
Welfare Information System (CCWIS) or FACES participate and complete initial and
ongoing FACES.NET training and have access to the security level necessary to perform
his or her job.
C.9.5.1.7 The approved CCWIS user must have service planning responsibilities within the job
description and follow security protocols that grant access to individual staff. Login and
password information of staff must be protected and not shared with staff that are not
granted access to the system. The Contractor must provide notice no later than 24 hours
when the authorized CCWIS user transitions to a non-case planning role or resigns.
C.9.5.1.8 Technology Support
C.9.5.1.9 The Provider shall have the capacity for technology support via staff with expertise in the
FACES.NET application. These staff shall be responsible for providing functional
assistance to its own agency staff.
C.9.6 Access to case information
C.9.6.1 The Contractor shall have read-only access to CCWIS and will not have any ability to
utilize the system to document or upload case information. The contractor shall maintain a
system to document progress notes and store documents external to CCWIS.
C.9.6.2 The Contractor can obtain data and information stored in FACES for the purpose of service
planning for children and youth currently in their care.
C.9.6.3 Information and data retrieved in FACES does not serve as a substitute for hard copy
documentation that must be stored in physical case records.
C.10 CAPACITY AND CAPABILITIES
C.10.1 Technical Capacity and Expertise Proposed – Project Team
C.10.2 The contractor’s team shall have demonstrated experience within the past (3) years:
(a) providing cohesive therapeutic congregate care services for children and youth between ages
13 and 21 who present a wide range of behavioral challenges and levels of need, and that are
designed to achieve positive safety, permanency and well-being outcomes; (b) recruiting,
training, supporting and retaining a cadre of high-quality staff; and (c) working in partnership
with public agencies and managing contracts of comparable size and complexity.
C.11 Leadership, Management and Staff Qualifications
C.11.1 Board of Directors. The Contractor’s organization shall maintain a Board of Directors, or similar
governing body, which provides legal oversight and is comprised of representatives from the
community with experience in governance, financial management, fundraising, child welfare
programming, and any other experience pertinent to administration of a Traditional Congregate
Care program.
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C.11.2 Organizational Chart. The Contractor shall provide, on an annual basis, an organizational chart
that displays organizational relationships and staff with responsibility for administrative oversight
and supervision for each activity required under this contract, staff with training authority, staff
with programmatic and clinical responsibility, and all other key personnel, including main office.
C.11.3 Key Personnel. Provide the names and reporting relationships of the key personnel who will
perform the work under the proposed contract. Indicate the hours that each will devote to the
contract broken down by task and role. One person may carry out more than one role.
C.11.4 Staff Qualifications. The Contractor shall ensure that the staff composition, capacity and
qualifications comply with standards for licensing in the jurisdiction where the facility is located.
The Contractor shall ensure that social workers, supervisors and managers have a master’s degree
in social work and maintain current social work licenses in the District of Columbia or the
jurisdiction where the facility is located.
C.11.5 Staff Recruitment. The Contractor shall have staff with the knowledge, skills, and abilities to
work with the identified target populations and ensure that recruitment and hiring practices
support the cultural and linguistic competence qualifications of the staff.
C.11.6 HR Compliance. The Contractor shall ensure human resources compliance requirements are met
and monitored to include background checks.
C.12 PAST PERFORMANCE
C.12.1 Past Performance Data. The extent to which the proposal provides qualitative and quantitative
data on the Offeror’s performance within the last (3) years, in achieving positive outcomes
for children, youth and families served. Evaluation of this factor will be based on quantitative
and qualitative evidence of the Offeror’s performance under other contracts of comparable
size and complexity in the areas of: (a) behavioral health outcomes (b) placement stability, (c)
customer satisfaction; (d) safety; and (f) well-being.
C.12.2 The Contractor shall provide the following performance data for within the past three 3 years:
a. Behavioral Health outcomes
b. Placement stability
c. Customer satisfaction
d. Safety
e. Well-Being
*** END OF SECTION C ***
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SECTION D: PACKAGING AND MARKING
D.1 The packaging and marking requirements for the resultant contract shall be governed by clause
number (2), Shipping Instructions-Consignment of the Government of the District of Columbia’s
Standard Contract Provision for use with Supply and Services Contracts, dated July 2010.
*** END OF SECTION D ***
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SECTION E: INSPECTION AND ACCEPTANCE
E.1 Inspection and acceptance requirements for the resultant contract shall be governed by Clause
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.
*** END OF SECTION E ***
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SECTION F – HUMAN CARE SERVICE DELIVERY AND PERFORMANCE
F.1 TERM OF HCA
F.1.1 The term of this HCA shall be for a base period of one (1) year from date of award
specified on the cover page of this contract.
F.2 OPTION TO EXTEND THE TERM OF THE HCA
F.2.1 The District may extend the term of this HCA for a period of two (2) one (1) year option
periods, or successive fractions thereof, by written notice to the Contractor before the
expiration of the contract; provided that the District will give the Contractor a preliminary
written notice of its intent to extend at least thirty (30) days before the contract expires. The
preliminary notice does not commit the District to an extension. The exercise of this option
is subject to the availability of funds at the time of the exercise of this option. The Contractor
may waive the thirty (30) day preliminary notice requirement by providing a written waiver
to the Contracting Officer prior to expiration of the contract.
F.2.2 If the District exercises this option, the extended contract shall be considered to include this
option provision.
F.2.3 The price for the option period shall be as specified in the contract.
F.2.4 The total duration of this contract, including the exercise of any options under this clause,
shall not exceed three (3) years.
F.3 DELIVERABLES
F.3.1 The contractor shall perform the activities required to successfully complete the District’s
requirements and submit each deliverable to the Contract Administrator (CA) identified in section
G.9 or designee specified in accordance with the following:
Number
Deliverable
Format/Method of
Delivery
Due Date
To Whom
1
Mandatory and
Unusual Incident
Reporting – Section
C.6.7
Email
submission/Telephone
In accordance with
27 DCMR Chapter
62
Primary Social
Worker and
Contract
Administrator
2
Progress Notes –
Section C.5.3.7.1,
C.5.7.2, C.6.8.13,
C.8.2, C.8.3,
C.9.6.1, F.3.3
Email
Monthly
Primary Social
Worker and
Contract
Administrator
3.
Monthly report on
required and
discretionary
activities.
Section C.7.6
Email copy
Monthly
Contract Monitor
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4.
Quarterly
Expenditure Report
Section F.4
Email
Thirty days of the
end of each quarter
CFSA Business
Services
Administration
and Contract
Monitor
5.
First Source
Requirement
Section F.3, H.5
Hard Copy
In accordance with
section H.5
Contracting
Officer, First
Source and
Contract
Administrator
6.
Facility License
Section C.6.1
Email copy
Prior to award of
contract, thereafter
upon renewal
Contract Monitor
7.
Facility License
Monitoring Reports
Section C.6.1.11
Email copy
Most recent report
issued prior to award
of contract at
contract execution,
thereafter within 30
days of subsequent
report issuance
Contract Monitor
8.
Business License
Section M.4.B
Email copy
Prior to award of
contract, thereafter
upon renewal
Contract Monitor
F.3.2 The Contractor shall submit to the District, as a deliverable, the report described in section H.5 of
this HCA that requires 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 may not be paid.
F.3.3 Progress notes which shall be submitted monthly may be submitted electronically, but must include:
name of social worker or service provider, description of services provided, time and duration of
service provided, location of service provided, assessment of children and youth’s uptake of services,
as well as name, date of birth, and client ID of the children and youth to whom services were
provided. The notes must describe the “who, what, where, why, when, and how” of service
provision.
-who (who is the service provider and who is the recipient of service)?
-what (what type of service was provided?);
-where (where/what location did provision of service take place)?
-why (why was the service provided”)
-when (when/what date and time did the service take place? and
-how (how were services provided i.e. via face-to face, telephone, etc.) services were provided.
Note: All of the above information shall also be maintained in the client’s case file.
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F.4 CONTRACTOR QUARTERLY EXPENDITURE REPORTING
F.4.1 Contractors shall report all expenditures (accrued/cash) related to this HCA on a quarterly basis.
Expenditures must be reported as they were itemized in the HCA “Budget Summary Form” via
“Excel” worksheets. CFSA will provide the required format for the Quarterly Expenditures Report.
The Quarterly Expenditures Reports are due to the CFSA, Office of Revenue Operations within
thirty of the end of each quarter. The expenditures are to be reported by Federal Fiscal Year (FFY)
• October 1 st thru December 31st
• January 1 st thru March 31st
• April 1 st thru June 30th
• July 1 st thru September 30th
F.4.2 Additionally, the Contractor must submit the position description of each position detailed in
Schedule 1 Salary and Wages; and Schedule 3 Consulting/Experts with each Quarterly Expenditure
Report. The Contractor shall include the name of each staff member funded by this contract in the
quarterly expenditure reports.
F.5 CONTRACTOR CLOSE-OUT PACKAGE
F.5.1 Within six (6) months of the expiration/termination of this HCA, the Contractor shall submit the
Close-Out Package to the CFSA Office of Revenue Operations and Contracts and Procurement
Administration. The Close-Out Package shall include the following:
• “Excel” spreadsheets, summarizing all expenditures associated with this HCA. The
summary must detail the expenditures as they were itemized in the original HCA “Budget
Summary Form”
• “Excel” spreadsheets, summarizing all receipts/revenue paid under this HCA and the
accompanying monthly supporting invoices.
• The Contractor shall submit their most recent agency-wide annual audit report.
*** END OF SECTION F ***
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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 HCA, for supplies delivered and accepted or services performed and
accepted, less any discounts, allowances or adjustments provided for in this HCA.
G.1.2 The District will pay the Contractor on or before the 30 th day after receiving a proper invoice from
the Contractor.
G.2 INVOICE SUBMITTAL
G.2.1 CFSA shall use information generated from the Placement Provider Web (PPW) application for
payment of placement services. The PPW is an application within the FACES database system
whereby placement Contractors certify the requisite placement information, through the Monthly
Placement Utilization Report (MPUR), necessary to generate payment invoices to CFSA Fiscal
Operations.
Example: The District will utilize the following formula each month to determine how much
it will pay the Contractor for the Per Diem Services: f = (c X d X e) where “f” represents the
total payment for Per Diem Services; “c” represents the number of children actually placed
with the Contractor over the course of the month; “d” represents the Per Diem rate set forth
in the HCA; and “e” represents the number of days in the month. Assuming the actual number
of children served is 35 and the Contractor’s Per Diem rate is $100 and the month is 30 days
long, under the above formula, the District will pay the Contractor $105,000 for Per Diem
Services (calculated by multiplying 35 children X $100 Per Diem X 30 days).
G.2.2 The Contractor will solely utilize the PPW system and the MPUR to submit the necessary
information to generate all invoices for payment.”
G.2.3 The Contractor shall not certify the information within the MPUR earlier than the first day of the
following month subsequent to the service month.
G.2.4 Once an MPUR is certified by the Contractor for the generation of an invoice, it cannot be modified.
G.2.5 The Contractor must designate a staff member to serve as an approving authority for the PPW.
Designated staff must complete the requisite PPW training prior to the issuance of secure access to
the system.
G.2.6 If the Contractor is unable to access the PPW, it is the Contractor’s responsibility to contact the
CFSA Computer Information Systems Administration (CISA) helpdesk for technical assistance.
G.2.7 If there is a substantive, not technical, problem with the Contractor’s PPW invoice, it is the
Contractor’s responsibility to contact the designated CFSA Fiscal Operations technician to resolve
the issue.
G.2.8 If the Contractor fails to submit its invoices through the PPW and the MPUR, the Contractor accepts
that said invoices may not be processed within the normal statutory timeframes.
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G.2.9 The Contractor shall submit invoices via email, to CFSA’s Fiscal Operations Administration (Office
of the Chief Financial Officer) at cfsa.accountspayable@dc.gov or via regular mail delivery to:
Child and Family Services Agency
Fiscal Operations Administration
200 I Street S.E.
2 nd Floor Rm. 2030N
Washington, DC 20003
No later than 15 days after the last day of any month in which services are provided. The
invoices shall include the Contractor’s name, address, invoice number, date, tax ID number,
DUNS number, HCA number, description of services, price, quantity and date, other
supporting documentation or information, as required by the Contracting Officer, name, title,
telephone number and address of both the responsible official to whom payment is to be sent,
and the responsible official to be notified in the event of a defective invoice and authorized
signature.
G.2.10 INVOICE SUBMITTAL FOR ADMINISTRATIVE ALLOWANCE AND COST
REIBURSEMENT
The Contractor shall submit proper invoices on a monthly basis. Invoices shall be submitted
electronically to the agency Chief Financial Officer at cfsa.accountspayable@dc.gov.
To constitute a proper invoice, the Contractor shall submit the following information on the invoice:
a) Contractor’s name, federal tax ID and invoice date (date invoices as of the date of mailing or
transmittal);
b) Contract number and invoice number;
c) Description, price, quantities and the date(s) that the supplies or services were delivered or
performed;
d) Other supporting documentation or information, as required by the Contracting Officer;
e) Name, title, telephone number and complete mailing address of the responsible official to whom
payment is to be sent;
f) Name, title, phone number of person preparing the invoice;
g) Authorized signature.
Invoices for Cost Reimbursement along with detailed supporting documentation shall be submitted
no later than the last day of the month for the preceding month. For example, an invoice for the
service month of September should be sent no later than October 31st. Invoices shall include all of
the information indicated above.
Invoices for Administrative Allowance shall be submitted on the first day of the month for the
preceding month. For example, an invoice for the service month of September should be sent on
October 1st. The invoice should include all of the information indicated above.
G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT
G.3.1 For HCA’s 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.
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G.3.2 The District shall not make final payment to the Contractor until the agency CFO has received the
Contracting Officer’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 The District will pay the amount due the Contractor under this HCA in accordance with the terms of
the HCA and upon presentation of a complete and properly executed invoice.
G.5 ASSIGNMENTS
G.5.1 In accordance with 27 DCMR § 3250, unless otherwise prohibited by this HCA, the Contractor may
assign funds due or to become due as a result of the performance of this HCA to a bank, trust
company, or other financing institution.
G.5.2 Any assignment shall cover all unpaid amounts payable under this HCA, and shall not be made to
more than one party.
G.5.3 Notwithstanding an assignment of money claims pursuant to authority contained in the HCA, 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________________________________
(name and address of assignee).
G.6 THE QUICK PAYMENT CLAUSE
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., 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 1% per month. No interest penalty shall be paid if payment for the
completed delivery of the item of property or service is made on or before:
a) the 3 rd day after the required payment date for meat or a meat product;
b) the 5 th day after the required payment date for an agricultural commodity; or
c) the 15 th day after the required payment date for any other item.
G.6.1.2 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 7 days of receipt of any amount
paid to the Contractor by the District for work performed by any subcontractor under a HCA:
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a) Pay the subcontractor for the proportionate share of the total payment received from the
District that is attributable to the subcontractor for work performed under the HCA; or
b) Notify the District and the subcontractor, 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 lower-tier 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 1% per month.
No interest penalty shall be paid on the following if payment for the completed delivery of the
item of property or service is made on or before:
a) the 3 rd day after the required payment date for meat or a meat product;
b) the 5 th day after the required payment date for an agricultural commodity; or
c) the 15th day after the required payment date for any other item.
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 of Columbia is a party. The District
of Columbia may not be interpleaded in any judicial or administrative proceeding involving
such a dispute.
G.7 CONTRACTING OFFICER (CO)
HCA’s may be entered into and signed on behalf of the District only by contracting officers. The
name, address and telephone number of the Contracting Officer is:
Tara Sigamoni
Agency Chief Contracting Officer
Child and Family Services Agency
200I Street S.E. Suite 2030
Washington, D.C. 20003
(202) 724-7415
Fax: (202) 727-5886
G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER
G.8.1 The Contracting Officer is the only person authorized to approve changes in any of the requirements
of this HCA.
G.8.2 The Contractor shall not comply with any order, directive or request that changes or modifies the
requirements of this HCA, unless issued in writing and signed by the Contracting Officer.
G.8.3 In the event the Contractor effects any change at the instruction or request of any person other than
the Contracting Officer, the change will be considered to have been made without authority and no
adjustment will be made in the HCA price to cover any cost increase incurred as a result thereof.
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G.9 CONTRACT ADMINISTRATOR (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 prices and costs are consistent with the contractual 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.9.7 The address and telephone number of the CA is:
Program CA:
Ana Burgos, LICSW
Kinship & Placement Administrator
Child and Family Services Agency
Program Operations
Monitoring CA:
Tosin Ogunyoku King, MSW
Program Manager or designee
Child and Family Services Agency
Contracts Monitoring Division
Invoice CA:
Jamila Mathis
Supervisory Federal Revenue Analyst
Child and Family Services Agency
Business Services Administration
G.9.8 The CA shall NOT have the authority to:
1. Award, agree to, or sign any HCA, 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 HCA;
3. Increase the dollar limit of the HCA or authorize work beyond the dollar limit of the
HCA,
4. Authorize the expenditure of funds by the Contractor;
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5. Change the period of performance; or
6. Authorize the use of District property, except as specified under the HCA.
G.9.9 The CA is responsible for general administration of the HCA and advising the CO as to the
Contractor’s compliance or noncompliance with the HCA. The CA has the responsibility of
ensuring the work conforms to the requirements of the HCA and such other responsibilities
and authorities as may be specified in the HCA. These include:
G.9.10 Coordinate site entry for Contractor personnel, if applicable.
G.9.11 Reviewing invoice for completed work and recommending approval by the CO if the
Contractor’s prices and costs are consistent with the contractual amounts and progress is
satisfactory and commensurate with the rate of expenditure;
G.9.12 Reviewing and approving invoices for deliverables to ensure receipt of goods and services.
This includes the timely processing f invoices and vouchers in accordance with the District’s
payment provisions; and
G.9.13 Maintaining a file that includes all HCA correspondence, modifications, records of
inspections (site, data, and equipment) and invoice or vouchers.
G.9.14 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 AND PAYMENT
G.10.1 The Contractor shall not provide services or treatment under this Agreement unless the
Contractor is in actual receipt of an executed task order for the period of the service or
treatment that is signed by the Contracting Officer.
G.10.2 All task orders issued in accordance with this Agreement shall be subject to the terms and
conditions of this Agreement. In the event of a conflict between a task order and this
Agreement, the Agreement shall take precedence.
G.10.3 Task Orders may be issued up to the maximum capacity that the Contractor is capable of
providing. However, the District does not guarantee that the maximum capacity will be met.
G.11. COMPLANCE WITH SERVICE RATES
G.11.1 The District will only pay, in accordance with the service rates shown in Section B, for
services provided under this Human Care Agreement. If any overpayment occurs, the
Contractor shall repay the District the full amount of the overpayment.
G.11.2 If the Contractor’s in-State rate is regulated by its State jurisdiction, the Contractor shall
submit documentation of the in-State rates to the Contracting Officer.
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G.11.3 If the Contractor’s in-State rate is not regulated by its State jurisdiction, the Contractor shall
submit to the Contracting Officer a detailed budget with documentation to justify its rates.
The Contractor’s unregulated costs may be subject to negotiation.
G.11.4 If mailed, a purchase order or task order shall be considered “issued” by the District when
deposited in the mail. Orders may be transmitted electronically.
G.13 MONITORING
G.13.1 The Contractor shall comply with the Child and Family Services Agency’s Contract
Monitoring Division’s (CMD) protocol monitoring this Human Care Agreement and task
order requirements and deliverables.
G.13.2 The Contractor shall be expected to submit data and quality assurance information that
enables CFSA Monitors to review the status of service delivery, outcomes and indicators.
G.13.3 The Contractor shall allow CMD to complete periodic scheduled and unscheduled site visits
as needed and at any location determined necessary by CMD to assess performance, monitor,
discuss and report on the delivery of services required under this Human Care Agreement
and task order.
G.13.4 The Contractor shall participate in all technical assistance and support activities as requested
by the Contractor, or as deemed necessary as part of any CMD designated corrective action
or Program Improvement Plan (PIP).
*** END OF SECTION G ***
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SECTION H: SPECIAL HCA 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 U.S. Dept of Labor Wage Determination No. 2015-
4282, Revision No. 25, dated December 27, 2022 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:
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(1) Any provision stating or indicating that an individual's status as unemployed
disqualifies the individual for the job; or
(2) Any provision stating or indicating that an employment agency will not consider or
hire an individual for employment based on that individual's status as unemployed.
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
H.5.1 For contracts for services in the amount of $300,000 or more, the Contractor shall comply
with the First Source Employment Agreement Act of 1984, as amended, D.C. Official Code
§ 2-219.01 et seq. (First Source Act).
H.5.2 The Contractor shall enter into and maintain during the term of the contract, a First Source
Employment Agreement (Employment Agreement) with the District of Columbia
Department of Employment Service’s (DOES), in which the Contractor shall agree that:
(a) The first source for finding employees to fill all jobs created in order to perform the
contract shall be the First Source Register; and
(b) The first source for finding employees to fill any vacancy occurring in all jobs covered
by the Employment Agreement shall be the First Source Register.
H.5.3 The Contractor shall not begin performance of the contract until its Employment Agreement
has been accepted by DOES. Once approved, the Employment Agreement shall not be
amended except with the approval of DOES.
H.5.4 The Contractor agrees that at least 51% of the new employees hired to perform the contract
shall be District residents.
H.5.5 The Contractor’s hiring and reporting requirements under the First Source Act and any rules
promulgated thereunder shall continue for the term of the contract.
H.5.6 The CO may impose penalties, including monetary fines of 5% of the total amount of the
direct and indirect labor costs of the contract, for a willful breach of the Employment
Agreement, failure to submit the required hiring compliance reports, or deliberate submission
of falsified data.
H.5.7 If the Contractor does not receive a good faith waiver, the CO may also impose an additional
penalty equal to 1/8 of 1% of the total amount of the direct and indirect labor costs of the
contract for each percentage by which the Contractor fails to meet its hiring requirements.
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.
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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
The Director of DSLBD issued a waiver of these requirements on March 1, 2022.
H.10 FAIR CRIMINAL RECORD SCREENING
H.10.1 The Contractor shall comply with the provisions of the Fair Criminal Record Screening
Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-152) (the “Act” as
used in this section). This section applies to any employment, including employment on a
temporary or contractual basis, where the physical location of the employment is in whole or
substantial part within the District of Columbia.
H.10.2 Prior to making a conditional offer of employment, the Contractor shall not require an
applicant for employment, or a person who has requested consideration for employment by
the Contractor, to reveal or disclose an arrest or criminal accusation that is not then pending
or did not result in a criminal conviction.
H.10.3 After making a conditional offer of employment, the Contractor may require an applicant to
disclose or reveal a criminal conviction.
H.10.4 The Contractor may only withdraw a conditional offer of employment, or take adverse action
against an applicant, for a legitimate business reason as described in the Act.
H.10.5 This section and the provisions of the Act shall not apply:
(a) Where a federal or District law or regulation requires the consideration of an applicant’s
criminal history for the purposes of employment;
(b) To a position designated by the employer as part of a federal or District government
program or obligation that is designed to encourage the employment of those with
criminal histories;
(c) To any facility or employer that provides programs, services, or direct care to, children,
youth, or vulnerable adults; or
(d) To employers that employ less than 11 employees.
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.
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H.11 USE OF DISTRICT FUNDS
District of Columbia funds shall not be used to proselytize, and that any clients participating
in the CFSA program with the contractor cannot be coerced implicitly or explicitly into
participating in any separate religious activities conducted by the Contractor.
H.13 HIPAA BUSINESS ASSOCIATE COMPLIANCE
H.13.1 For the purpose of this agreement Child and Family Services (CFSA), a covered component
within the District of Columbia’s Hybrid Entity will be referred to as a “Covered Entity” as
that term is defined by the Health Insurance Portability and Accountability Act of 1996, as
amended (“HIPAA”) and associated regulations promulgated at 45 CFR Parts 160, 162 and
164 as amended (the “HIPAA Regulations”) and _________ as a recipient of Protected
Health Information or electronic Protected Health Information from CFSA, is a “Business
Associate” as that term is defined by HIPAA.
Terms used, but not otherwise defined, in this Agreement shall have the same meaning as
those terms in the HIPAA Regulations.
1. Definitions
a. Business Associate means a person or entity, who, on behalf of the District government or
of an organized health care arrangement (as defined in this section) in which the covered
entity participates, but other than in the capacity of a member of the workforce of the District
or arrangement, creates, receives, maintains, or transmits protected health information for a
function or activity for the District, including claims processing or administration, data
analysis, processing or administration, utilization review, quality assurance, patient safety
activities listed at 42 CFR 3.20, billing, benefit management, practice management, and
repricing; or provides, other than in the capacity of a member of the workforce of such
covered entity, legal, actuarial, accounting, consulting, data aggregation (as defined in 45
CFR § 164.501), management, administrative, accreditation, or financial services to or for
the District, or to or for an organized health care arrangement in which the District
participates, where the provision of the service involves the disclosure of protected health
information from the District or arrangement, or from another business associate of the
District or arrangement, to the person. A covered entity may be a business associate of
another covered entity.
A Business Associate includes, (i) a Health Information Organization, E-prescribing
Gateway, or other person that provides data transmission services with respect to protected
health information to a covered entity and that requires access on a routine basis to such
protected health information; (ii) a person that offers a personal health record to one or more
individuals on behalf of the District; (iii) a subcontractor that creates, receives, maintains, or
transmits protected health information on behalf of the business associate.
A Business Associate does not include: (i) a health care provider, with respect to disclosures
by a covered entity to the health care provider concerning the treatment of the individual; (ii)
a plan sponsor, with respect to disclosures by a group health plan (or by a health insurance
issuer or HMO with respect to a group health plan) to the plan sponsor, to the extent that the
requirements of 45 CFR § 164.504(f) apply and are met; (iii) a government agency, with
respect to determining eligibility for, or enrollment in, a government health plan that provides
public benefits and is administered by another government agency, or collecting protected
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health information for such purposes, to the extent such activities are authorized by law; iv)
a covered entity participating in an organized health care arrangement that performs a
function, activity or service included in the definition of a Business Associate above for or
on behalf of such organized health care arrangement.
b. Covered Entity means a health plan, a health care clearinghouse, or a health care provider
who transmits any health information in electronic form in connection with a transaction
covered by 45 C.F.R. Parts 160 and 164 of HIPAA. With respect to this HIPAA Compliance
Clause, Covered Entity shall also include the designated health care components of the
District government’s hybrid entity or a District agency following HIPAA best practices.
c. Data Aggregation means, with respect to Protected Health Information created or received
by a business associate in its capacity as the business associate of a covered entity, the
combining of such Protected Health Information by the business associate with the Protected
Health Information received by the business associate in its capacity as a business associate
of another covered entity, to permit data analyses that relate to the health care operations of
the respective covered entities.
d. Designated Record Set means a group of records maintained by or for the Covered Entity
that are:
i. The medical records and billing records about individuals maintained by or for a
covered health care provider;
ii. The enrollment, payment, claims adjudication, and case or medical management
record systems maintained by or for a health plan; or
iii. Records used, in whole or in part, by or for the Covered Entity to make decisions
about individuals.
e. Health Care means care services, or services, or supplies related to the health of an
individual. Health care includes, but is not limited to, the following:
i. Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care,
and counseling, service, assessment, or procedure with respect to the physical or
mental condition, or functional status, of an individual or that affects the structure or
function of the body; and
ii. Sale or dispensing of a drug, device, equipment, or other item in accordance with the
prescription.
f. Health Care Components means a component or a combination of components of a hybrid
entity designated by a hybrid entity. Health Care Components must include non-covered
functions that provide services to the covered functions for the purpose of facilitating the
sharing of Protected Health Information with such functions of the hybrid entity without
business associate agreements or individual authorizations.
g. Health Care Operations shall have the same meaning as the term “health care operations”
in 45 C.F.R. § 164.501.
h. Hybrid Entity means a single legal entity that is a covered entity and whose business
activities include both covered and non-covered functions, and that designates health care
components in accordance with 45 C.F.R. § 164.105(a)(2)(iii)(C). A Hybrid Entity is
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required to designate as a health care component, any other components of the entity that
provide services to the covered functions for the purpose of facilitating the sharing of
Protected Health Information with such functions of the hybrid entity without business
associate agreements or individual authorizations. The District of Columbia is a Hybrid
Covered Entity. Hybrid Entities are required to designate and include functions, services
and activities within its own organization, which would meet the definition of Business
Associate and irrespective of whether performed by employees of the Hybrid Entity, as part
of its health care components for compliance with the Security Rule and privacy
requirements under this Clause.
i. Record shall mean any item, collection, or grouping of information that includes Protected
Health Information and is maintained, collected, used, or disseminated by or for the Covered
Entity.
j. Individual shall have the same meaning as the term "individual" in 45 C.F.R. § 164.501 and
shall include a person who qualifies as a personal representative in accordance with 45 C.F.R.
§ 164.502(g).
k. Individually Identifiable Health Information is information that is health information,
including demographic information collected from an individual, and;
i. Is created or received by a health care provider, health plan, employer, or health care
clearinghouse;
ii. Relates to the past, present, or future physical or mental health or condition of an
individual; or the past, present, or future payment for the provision of health care to
an individual; and
iii. That identifies the individual or with respect to which there is a reasonable basis to
believe the information can be used to identify the individual.
l. National Provider Identifier (NPI) Rule. "National Provider Identifier" shall mean the
Standard Unique Health Identifier for Healthcare Providers; Final Rule at 45 C.F.R. Part
162.
m. Privacy and Security Official. The person or persons designated by the District of Columbia,
a Hybrid Entity, who is/are responsible for developing, maintaining, implementing and
enforcing the District-wide Privacy Policies and Procedures, and for overseeing full
compliance with the Privacy and Security Rules, and other applicable federal and state
privacy law.
n. Privacy Officer. “Privacy Officer” shall mean the person designated by the District’s
Privacy and Security Official or one of the District’s covered components within its Hybrid
Entity, who is responsible for overseeing compliance with the Covered Agency’s Privacy
Policies and Procedures, the HIPAA Privacy Regulations, HIPAA Security Regulations and
other applicable federal and state privacy law(s). Also referred to as the agency Privacy
Officer, the individual shall follow the guidance of the District’s Privacy and Security
Official, and shall be responsive to and report to the District’s Privacy and Security Official
on matters pertaining to HIPAA compliance.
o. Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually
Identifiable Health Information at 45 C.F.R. part 160 and part 164, subparts A and E.
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p. Protected Health Information. "Protected Health Information" (PHI) or “Electronic
Protected Health Information” (ePHI) means individually identifiable health information
that is created or received by the Business Associate from or on behalf of the Covered Entity,
or agency following HIPAA best practices, which is:
i. Transmitted by, created or maintained in electronic media; or
ii. Transmitted or maintained in any other form or medium.
PHI does not include information in the records listed in subsection (2) of the definition in
45 C.F.R. §160.103.Required By Law. "Required By Law" shall have the same meaning
as the term "required by law" in 45 C.F.R. § 164.103.
q. Secretary. "Secretary" shall mean the Secretary of the United States Department of Health
and Human Services or his or her designee.
r. Security Officer. The person designated by the Security Official or one of the District of
Columbia’s designated health care components, who is responsible for overseeing
compliance with the Covered Agency’s Privacy Policies and Procedures, the Security Rules,
and other applicable federal and state privacy law(s). The Covered Agency’s security officer
shall follow the guidance of the District’s Security Official, as well as the Associate Security
Official within the Office of the Chief Technology Officer, and shall be responsive to the
same on matters pertaining to HIPAA compliance.
s. Security Rule. "Security Rule" shall mean the Standards for Security of Individually
Identifiable Health Information at 45 C.F.R. part 164.
t. Workforce. “Workforce” shall mean employees, volunteers, trainees, and other persons
whose conduct, in the performance of work for a covered entity or business associate, is
under the direct control of such entity, whether or not they are paid by the covered entity or
business associate.
2. Obligations and Activities of Business Associate
a. The Business Associate agrees not to use or disclose PHI or ePHI (hereinafter “PHI” or
Protected Health Information”) other than as permitted or required by this HIPAA
Compliance Clause or as required by law.
b. The Business Associate agrees to use appropriate safeguards and comply with administrative,
physical, and technical safeguards requirements in 45 C.F.R. §§ 164.308, 164.310, 164.312
and 164.316 as required by § 13401 of the Health Information Technology Economic and
Clinical HealthACT (February 18, 2010) (“HITECH”), to maintain the security of the PHI
and to prevent use or disclosure of such PHI other than as provided for by this Clause.
Business Associate acknowledges that, pursuant to HITECH, it must comply with the
Security Rule and privacy provisions detailed in this Clause. As such, Business Associate is
under the jurisdiction of the United States Department of Health and Human Services and is
directly liable for its own compliance. A summary of HIPAA Security Rule standards, found
at Appendix A to Subpart C of 45 C.F.R. § 164 is as follows:
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Administrative Safeguards
Security Management Process 164.308(a)(1) Risk Analysis (R)
Risk Management (R)
Sanction Policy (R)
Information System Activity Review (R)
Assigned Security
Responsibility
164.308(a)(2) (R)
Workforce Security 164.308(a)(3) Authorization and/or Supervision (A)
Workforce Clearance Procedure
Termination Procedures (A)
Information Access
Management
164.308(a)(4) Isolating Health care Clearinghouse
Function (R)
Access Authorization (A)
Access Establishment and Modification
(A)
Security Awareness and
Training
164.308(a)(5) Security Reminders (A)
Protection from Malicious Software (A)
Log-in Monitoring (A)
Password Management (A)
Security Incident Procedures 164.308(a)(6) Re sponse and Reporting (R)
Contingency Plan 164.308(a)(7 Data Backup Plan (R)
Disaster Recovery Plan (R)
Emergency Mode Operation Plan (R)
Testing and Revision Procedure (A)
Applications and Data Criticality Analysis
(A)
Evaluation 164.308(a)(8) (R)
Business Associate Contracts
and Other
Arrangement
164.308(b)(1) Written Contract or Other Arrangement
(R)
Physical Safeguards
Facility Access Controls 164.310(a)(1) Contingency Operations (A)
Facility Security Plan (A)
Access Control and Validation Procedures
(A)
Maintenance Records (A)
Workstation Use 164.310(b) (R)
Workstation Security 164.310(c) (R)
Device and Media Controls 164.310(d)(1) Disposal (R)
Media Re-use (R)
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Accountability (A)
Data Backup and Storage (A)
Technical Safeguards (see § 164.312)
Access Control 164.312(a)(1) Unique User Identification (R)
Emergency Access Procedure (R)
Automatic Logoff (A)
Encryption and Decryption (A)
Audit Controls 164.312(b) (R)
Integrity 164.312(c)(1) Mechanism to Authenticate Electronic
Protected Health Information (A)
Person or Entity
Authentication
164.312(d) (R)
Transmission Security 164.312(e)(1) Integrity Controls (A)
Encryption (A)
c. The Business Associate agrees to name a Privacy and/or Security Officer who is accountable
for developing, maintaining, implementing, overseeing the compliance of and enforcing
compliance with this Clause, the Security Rule and other applicable federal and state privacy
law within the Business Associate’s business. The Business associate reports violations and
conditions to the District-wide Privacy and Security Official and/or the Agency Privacy
Officer of the covered component within the District’s Hybrid Entity.
d. The Business Associate agrees to establish procedures for mitigating, and to mitigate to the
extent practicable, any deleterious effects that are known to the Business Associate of a use
or disclosure of PHI by the Business Associate in violation of the requirements of this Clause.
e. Data breaches require a timely notification and responsiveness, which is not only required
by law, but also as a matter of best practice, the agency, and its contractors, should make best
efforts to mitigate the effects of any data breaches as soon as possible. Data breaches result
in identity fraud and credit damage, as well as other consequences for clients, especially for
CFSA youth who will be soon emancipating and entering society. There is absolutely
nothing CFSA can do to cure a breach if we are not advised of it until 60 days after the
contractor becomes aware of the breach. OGC’s recommendation is no longer than 15
business days, legally, we are not permitted to extend it beyond that.
f. The Business Associate agrees to ensure that any workforce member or any agent, including
a subcontractor, agrees to the same restrictions and conditions that apply through this Clause
with respect to PHI received from the Business Associate, PHI created by the Business
Associate, or PHI received by the Business Associate on behalf of the Covered Entity.
g. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that
any subcontractors that create, receive, maintain, or transmit PHI on behalf of the Business
Associate agree to the same restrictions, conditions, and requirements that apply to the
Business Associate with respect to such information
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h. Upon request, the Business Associate agrees to provide the District a list of all subcontractors
who meet the definition of a Business Associate. Additionally, Business Associate agrees
to ensure its subcontractors understanding of liability and monitor, where applicable,
compliance with the Security Rule and applicable privacy provisions in this Clause.
i. The Business Associate agrees to provide access within five business days, at the request of
the Covered Entity or an Individual, at a mutually agreed upon location, during normal
business hours, and in a format as directed by the District Privacy Official or agency Privacy
Officer, or as otherwise mandated by the Privacy Rule or applicable District of Columbia
laws, rules and regulations, to PHI in a Designated Record Set, to the Covered Entity or an
Individual, to facilitate the District’s compliance with the requirements under 45 C.F.R.
§164.524.
j. The Business Associate agrees to make any amendment(s) within five business days to the
PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45
CFR 164.526 in a format as directed by the District Privacy Official or agency Privacy
Officer in order to facilitate the District’s compliance with the requirements under 45 C.F.R.
§164.526.
k. The Business Associate agrees to use the standard practices of the Covered Entity to verify
the identification and authority of an Individual who requests the PHI in a Designated Record
Set of a recipient of services from or through the Covered Entity. The Business Associate
agrees to comply with the applicable portions of the Identity And Procedure Verification
Policy attached hereto as Exhibit A and incorporated by reference.
l. The Business Associate agrees to record authorizations and log such disclosures of PHI and
information related to such disclosures as would be required for the Covered Entity to
respond to a request by an Individual for an accounting of disclosures of PHI in accordance
with 45 C.F.R. § 164.528 and applicable District of Columbia laws, rules and regulations.
m. The Business Associate agrees to provide to the Covered Entity or an Individual, within five
(5) business days of a request at a mutually agreed upon location, during normal business
hours, and in a format designated by the District’s Privacy and Security Official or agency
Privacy Officer and the duly authorized Business Associate workforce member, information
collected in accordance with Paragraph (i) of this Section above, to permit the Covered Entity
to respond to a request by an Individual for an accounting of disclosures of PHI in accordance
with 45 C.F.R. § 164.528, and applicable District of Columbia laws, rules and regulations.
n. The Business Associate agrees to make internal practices, books, and records, including
policies and procedures, and PHI, relating to the use and disclosure of PHI received from the
Business Associate, or created, or received by the Business Associate on behalf of the
Covered Entity, available to the Covered Entity, or to the Secretary, within five (5) business
days of their request and at a mutually agreed upon location, during normal business
hours, and in a format designated by the District Privacy and Security Official or agency
Privacy Officer and the duly authorized Business Associate workforce member, or in a time
and manner designated by the Secretary, for purposes of the Secretary in determining
compliance of the Covered Entity with the Privacy Rule.
o. To the extent the Business Associate is to carry out one or more of Covered Entity's
obligation(s) under Subpart E of 45 CFR Part 164, the Business Associate agrees to comply
with the requirements of Subpart E that apply to the Covered Entity in the performance of
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such obligation(s).
p. As deemed necessary by the District, the Business Associate agrees to the monitoring and
auditing of items listed in paragraph 2 of this Clause, as well as data systems storing or
transmitting PHI, to verify compliance.
q. The Business Associate may aggregate PHI in its possession with the PHI of other Covered
Entities that Business Associate has in its possession through its capacity as a Business
Associate to other Covered Entities provided that the purpose of the aggregation is to provide
the Covered Entity with data analyses to the Health Care Operations of the Covered Entity.
Under no circumstances may the Business Associate disclose PHI of one Covered Entity to
another Covered Entity absent the explicit written authorization and consent of the Privacy
Officer or a duly authorized workforce member of the Covered Entity.
r. Business Associate may de-identify any and all PHI provided that the de-identification
conforms to the requirements of 45 C.F.R. § 164.514(b) and any associated HHS guidance.
Pursuant to 45 C.F.R. § 164.502(d)(2), de-identified information does not constitute PHI and
is not subject to the terms of this HIPAA Compliance Clause.
3. Permitted Uses and Disclosures by the Business Associate
a. Except as otherwise limited in this HIPAA Compliance Clause, the Business Associate may
use or disclose PHI to perform functions, activities, or services for, or on behalf of, the
Covered Entity as specified in the Contract, provided that such use or disclosure would not
violate Subpart E of 45 CFR § 164 if the same activity were performed by the Covered Entity
or would not violate the minimum necessary policies and procedures of the Covered Entity.
b. Except as otherwise limited in this HIPAA Compliance Clause, the Business Associate may
use PHI for the proper management and administration of the Business Associate or to carry
out the legal responsibilities of the Business Associate.
c. Except as otherwise limited in this HIPAA Compliance Clause, the Business Associate may
disclose PHI for the proper management and administration of the Business Associate,
provided that the disclosures are required by law, or the Business Associate obtains
reasonable assurances from the person to whom the information is disclosed that it will
remain confidential and used, or further disclosed, only as required by law, or for the purpose
for which it was disclosed to the person, and the person notifies the Business Associate of
any instances of which it has knowledge that the confidentiality of the information has been
breached.
d. Except as otherwise limited in this HIPAA Compliance Clause, the Business Associate may
use PHI to provide Data Aggregation services to the Covered Entity as permitted by 45
C.F.R. § 164.504(e)(2)(i)(B).
e. Business Associate may use PHI to report violations of the Law to the appropriate federal
and District of Columbia authorities, consistent with 45 C.F.R. § 164.502(j)(1).
4. Additional Obligations of the Business Associate
a. RESERVED
b. Business Associate must provide assurances to the Covered Entity that it will continue to
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employ sufficient administrative, technical and physical safeguards, as described under the
Security Rule, to protect and secure the Covered Entity’s ePHI entrusted to it. These
safeguards include:
i. The Business Associate agrees to administrative, physical, and technical safeguards
that reasonably and appropriately protect the confidentiality, integrity, and
availability of the ePHI that the Business Associate creates, receives, maintains or
transmits on behalf of the covered entity.
ii. The Business Associate agrees to report to the Covered Entity any security incident
of which it becomes aware, including any attempts to access ePHI, whether those
attempts were successful or not.
iii. This Business Associate Agreement may be terminated if the Covered Entity
determines that the Business Associate has materially breached the agreement.
iv. The Business Associate agrees to make all policies and procedures, and documents
relating to security, available to the Secretary of HHS for the purposes of determining
the covered entity’s compliance with HIPAA.
v. This agreement continues in force for as long as the Business Associate retains any
access to the Covered Entity’s ePHI.
vi. With respect to the subset of PHI known as ePHI as defined by HIPAA Security
Standards at 45 C.F.R. Parts 160 and 164, subparts A and C (the "Security Rule"), if
in performing the Services, Business Associate, its employees, agents, subcontractors
and any other individual permitted by Business Associate will have access to any
computer system, network, file, data or software owned by or licensed to Provider
that contains ePHI, or if Business Associate otherwise creates, maintains, or transmits
ePHI on Provider’s behalf, Business Associate shall take reasonable security
measures necessary to protect the security of all such computer systems, networks,
files, data and software. With respect to the security of ePHI, Business Associate
shall: (A) Implement administrative, physical and technical safeguards that
reasonably and appropriately protect the confidentiality, integrity, and availability of
the ePHI that it creates, receives, maintains, or transmits on behalf of the Provider;
(B) Ensure that any agent, including a subcontractor, to whom it provides such
information agrees to implement reasonable and appropriate safeguards to protect it;
and (C) Report to the Provider any security incident of which it becomes aware.
vii. Business Associate agrees not to electronically transmit or permit access to PHI
unless such transmission or access is authorized by this Addendum and the
Agreement and further agrees that it shall only transmit or permit such access if such
information is secured in a manner that is consistent with applicable law, including
the Security Rule. For purposes of this Addendum, “encrypted” shall mean the
reversible conversion of readable information into unreadable, protected form so that
only a recipient who has the appropriate “key” can convert the information back into
original readable form. If the Covered Entity stores, uses or maintains PHI in
encrypted form, or in any other secured form acceptable under the security
regulations, Covered Entity shall promptly, at request, provide with the key or keys
to decrypt such information and will otherwise assure that such PHI is accessible by
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upon reasonable request.
viii. In the event Business Associate performs functions or activities involving the use or
disclosure of PHI on behalf of Covered Entity that involve the installation or
maintenance of any software (as it functions alone or in combination with any
hardware or other software), Business Associate shall ensure that all such software
complies with all applicable standards and specifications required by the HIPAA
Regulations and shall inform of any software standards or specifications not
compliant with the HIPAA Regulations.
c. At the request of the Covered Entity, the Business Associate agrees to amend this
agreement to comply with all HIPAA mandates.
5. Sanctions
Business Associate agrees that its workforce members, agents and subcontractors who
violate the provisions of HIPAA or other applicable federal or state privacy law will be
subject to discipline in accordance with Business Associate’s Personnel Policy and
applicable collective bargaining agreements. Business Associate agrees to impose sanctions
consistent with Business Associate’s personnel policies and procedures and applicable
collective bargaining agreements with respect to persons employed by it. Members of the
Business Associate Workforce who are not employed by Business Associate are subject to
the policies and applicable sanctions for violation of this Compliance Clause as set forth in
business associate agreements. In the event Business Associate imposes sanctions against
any member of its workforce, agents and subcontractors for violation of the provisions of
HIPAA or other applicable federal or state privacy laws, the Business Associate shall inform
the District Privacy Official or the agency Privacy Officer of the imposition of sanctions.
6. Obligations of the Covered Entity
a. The Covered Entity shall notify the Business Associate of any limitation(s) in its Notice of
Privacy Practices of the Covered Entity in accordance with 45 C.F.R. § 164.520, to the extent
that such limitation may affect the use or disclosure of PHI by the Business Associate.
b. The Covered Entity shall notify the Business Associate of any changes in, or revocation of,
permission by the Individual to the use or disclosure of PHI, to the extent that such changes
may affect the use or disclosure of PHI by the Business Associate.
c. The Covered Entity shall notify the Business Associate of any restriction to the use or
disclosure of PHI that the Covered Entity has agreed to in accordance with 45 C.F.R. §
164.522, to the extent that such restriction may affect the use or disclosure of PHI by the
Business Associate.
7. Permissible Requests by Covered Entity
Covered Entity shall not request the Business Associate to use or disclose PHI in any manner that
would not be permissible under the Privacy Rule and Subpart E of 45 CFR § 164 if done by the
Covered Entity.
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8. Representations and Warranties.
The Business Associate represents and warrants to the Covered Entity:
a. That it is duly organized, validly existing, and in good standing under the laws of the
jurisdiction in which it is organized or licensed, it has the full power to enter into this HIPAA
Compliance Clause and it, its employees, agents, subcontractors, representatives and
members of its workforce are licensed and in good standing with the applicable agency,
board, or governing body to perform its obligations hereunder, and that the performance by
it of its obligations under this HIPAA Compliance Clause has been duly authorized by all
necessary corporate or other actions and will not violate any provision of any license,
corporate charter or bylaws;
b. That it, its employees, agents, subcontractors, representatives and members of its workforce
are in good standing with the District of Columbia, that it, its employees, agents,
subcontractors, representatives and members of its workforce will submit a letter of good
standing from the District of Columbia, and that it, its employees, agents, subcontractors,
representatives and members of its workforce have not been de-barred from being employed
as a contractor by the federal government or District of Columbia;
c. That neither the execution of this HIPAA Compliance Clause, nor its performance hereunder,
will directly or indirectly violate or interfere with the terms of another agreement to which it
is a party, or give any governmental entity the right to suspend, terminate, or modify any of
its governmental authorizations or assets required for its performance hereunder. The
Business Associate represents and warrants to the Covered Entity that it will not enter into
any agreement the execution or performance of which would violate or interfere with this
HIPAA Compliance Clause;
d. That it is not currently the subject of a voluntary or involuntary petition in bankruptcy, does
not currently contemplate filing any such voluntary petition, and is not aware of any claim
for the filing of an involuntary petition;
e. That all of its employees, agents, subcontractors, representatives and members of its
workforce, whose services may be used to fulfill obligations under this HIPAA Compliance
Clause are or shall be appropriately informed of the terms of this HIPAA Compliance Clause
and are under legal obligation to the Business Associate, by contract or otherwise, sufficient
to enable the Business Associate to fully comply with all provisions of this HIPAA
Compliance Clause. Modifications or limitations that the Covered Entity has agreed to
adhere to with regards to the use and disclosure of PHI of any individual that materially
affects or limits the uses and disclosures that are otherwise permitted under the Privacy Rule
will be communicated to the Business Associate, in writing, and in a timely fashion;
f. That it will reasonably cooperate with the Covered Entity in the performance of the mutual
obligations under this Contract;
g. That neither the Business Associate, nor its shareholders, members, directors, officers,
agents, subcontractors, employees or members of its workforce have been excluded or served
a notice of exclusion or have been served with a notice of proposed exclusion, or have
committed any acts which are cause for exclusion, from participation in, or had any
sanctions, or civil or criminal penalties imposed under, any federal or District healthcare
program, including but not limited to Medicare or Medicaid, or have been convicted, under
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federal or District law (including without limitation following a plea of nolo contendere or
participation in a first offender deferred adjudication or other arrangement whereby a
judgment of conviction has been withheld), of a criminal offense related to (a) the neglect or
abuse of a patient, (b) the delivery of an item or service, including the performance of
management or administrative services related to the delivery of an item or service, under a
federal or District healthcare program, (c) fraud, theft, embezzlement, breach of fiduciary
responsibility, or other financial misconduct in connection with the delivery of a healthcare
item or service or with respect to any act or omission in any program operated by or financed
in whole or in part by any federal, District or local government agency, (d) the unlawful,
manufacture, distribution, prescription or dispensing of a controlled substance, or (e)
interference with or obstruction of any investigation into any criminal offense described in
(a) through (d) above. The Business Associate further agrees to notify the Covered Entity
immediately after the Business Associate becomes aware that any of the foregoing
representations and warranties may be inaccurate or may become incorrect
9. Term and Termination
a. Term. The requirements of this HIPAA Compliance Clause shall be effective as of the date
of the contract award, and shall terminate when all of the PHI provided by the Covered Entity
to the Business Associate, or created or received by the Business Associate on behalf of the
Covered Entity, is confidentially destroyed or returned to the Covered Entity within five (5)
business days of its request. The PHI shall be returned in a format mutually agreed upon by
and between the Privacy Official and/or Privacy Officer or his or her designee and the
appropriate and duly authorized workforce member of the Business Associate.; If it is
infeasible to return or confidentially destroy the PHI, protections shall be extended to such
information, in accordance with the termination provisions in this Section and communicated
to the Privacy Official or Privacy Officer or his or her designee. The requirement to return
PHI to the District at the end of the contract term or if the contract is terminated applies
irrespective of whether the Business Associate is also a covered entity under HIPAA. Where
a business associate is also a covered entity, PHI provided by the District, or created or
received by the Business Associate on behalf of the District, a duplicate of the record may
be acceptable if mutually agreed.
b. Termination for Cause. Upon the Covered Entity's knowledge of a material breach of this
HIPAA Compliance Clause by the Business Associate, the Covered Entity shall either:
i. Provide an opportunity for the Business Associate to cure the breach or end the
violation and terminate the Contract if the Business Associate does not cure the
breach or end the violation within the time specified by the Covered Entity; or
ii. Immediately terminate the Contract if the Business Associate breaches a material
term of this HIPAA Compliance Clause and a cure is not possible.
If neither termination nor cure is feasible, the Covered Entity shall report the violation
to the Secretary.
c. Effect of Termination.
i. Except as provided in paragraph (ii) of this section, upon termination of the Contract,
for any reason, the Business Associate shall return in a mutually agreed upon
format or confidentially destroy all PHI received from the Covered Entity, or
created or received by the Business Associate on behalf of the Covered Entity within
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five (5) business days of termination. This provision shall apply to PHI that is in the
possession of all subcontractors, agents or workforce members of the Business
Associate. The Business Associate shall retain no copies of PHI in any form.
ii. In the event that the Business Associate determines that returning or destroying the
PHI is infeasible, the Business Associate shall provide written notification to the
Covered Entity of the conditions that make the return or confidential destruction
infeasible. Upon determination by the agency Privacy Officer that the return or
confidential destruction of the PHI is infeasible, the Business Associate shall extend
the protections of this HIPAA Compliance Clause to such PHI and limit further uses
and disclosures of such PHI for so long as the Business Associate maintains such
PHI. Additionally, the Business Associate shall:
(1) Retain only that PHI which is necessary for Business Associate to continue
its proper management and administration or to carry out its legal
responsibilities;
(2) Return to covered entity, or, if agreed to by covered entity, destroy the
remaining PHI that the business associate still maintains in any form;
(3) Continue to use appropriate safeguards and comply with Subpart C of 45 CFR
Part 164 with respect to ePHI to prevent use or disclosure of the PHI, other
than as provided for in this Section, for as long as Business Associate retains
the PHI;
(4) Not use or disclose the PHI retained by Business Associate other than for the
purposes for which such PHI was retained and subject to the same conditions
set out at 45 C.F.R. § 164.502(j)(1) which applied prior to termination; and
(5) Return to covered entity or, if agreed to by covered entity, destroy the PHI
retained by Business Associate when it is no longer needed by Business
Associate for its proper management and administration or to carry out its
legal responsibilities.
The obligations outlined in Section 2. Obligations and Activities of Business
Associate shall survive the termination of this Contract.
2. Miscellaneous
a. Regulatory References. A reference in this HIPAA Compliance Clause to a section in the
Privacy Rule means the section as in effect or as amended.
b. Amendment. The Parties agree to take such action as is necessary to amend this HIPAA
Compliance Clause from time to time as is necessary for the Covered Entity to comply with
the requirements of the Privacy Rule and HIPAA. Except for provisions required by law as
defined herein, no provision hereof shall be deemed waived unless in writing and signed by
duly authorized representatives of the Parties. A waiver with respect to one event shall not
be construed as continuing, or as a bar to or waiver of any other right or remedy under this
HIPAA Compliance Clause.
c. Survival. The respective rights and obligations of the Business Associate under Section 9.
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Term and Termination of this HIPAA Compliance Clause and the sections of the Standard
Contract Provisions for use with the District of Columbia Government Supply and Services
Contracts covering Default and Termination for the Convenience of the District shall survive
termination of the Contract.
d. Interpretation. Any ambiguity in this HIPAA Compliance Clause shall be resolved to permit
compliance with applicable federal and District of Columbia laws, rules and regulations, and
the HIPAA Rules, and any requirements, rulings, interpretations, procedures, or other actions
related thereto that are promulgated, issued or taken by or on behalf of the Secretary;
provided that applicable federal and District of Columbia laws, rules and regulations shall
supersede the Privacy Rule if, and to the extent that they impose additional requirements,
have requirements that are more stringent than or provide greater protection of patient
privacy or the security or safeguarding of PHI than those of the HIPAA Rules.
The terms of this HIPAA Compliance Clause amend and supplement the terms of the Contract, and
whenever possible, all terms and conditions in this HIPAA Compliance Clause are to be harmonized.
In the event of a conflict between the terms of the HIPAA Compliance Clause and the terms of the
Contract, the terms of this HIPAA Compliance Clause shall control; provided, however, that this HIPAA
Compliance Clause shall not supersede any other federal or District of Columbia law or regulation
governing the legal relationship of the Parties, or the confidentiality of records or information, except to
the extent that the Privacy Rule preempts those laws or regulations. In the event of any conflict between
the provisions of the Contract (as amended by this HIPAA Compliance Clause) and the Privacy Rule,
the Privacy Rule shall control.
e. No Third-Party Beneficiaries. The Covered Entity and the Business Associate are the only
parties to this HIPAA Compliance Clause and are the only parties entitled to enforce its
terms. Except for the rights of individuals, as defined herein, to have access to and amend
their PHI, and to an accounting of the uses and disclosures thereof, in accordance with
Paragraphs (2)(f), (g) and (j), nothing in the HIPAA Compliance Clause gives, is intended to
give, , or shall be construed to give or provide any benefit or right, whether directly,
indirectly, or otherwise, to third persons.
f. Compliance with Applicable Law. The Business Associate shall comply with all federal and
District of Columbia laws, regulations, executive orders and ordinances, as they may be
amended from time to time during the term of this HIPAA Compliance Clause and the
Contract; to the extent they are applicable to this HIPAA Compliance Clause and the
Contract.
g. Governing Law and Forum Selection. This Contract shall be construed broadly to
implement and comply with the requirements relating to the Privacy Rule, and other
applicable laws and regulations. All other aspects of this Contract shall be governed under
the laws of the District of Columbia. The Covered Entity and the Business Associate agree
that all disputes which cannot be amicably resolved by the Covered Entity and the Business
Associate regarding this HIPAA Compliance Clause shall be litigated before the District of
Columbia Contract Appeals Board, the District of Columbia Court of Appeals, or the United
States District Court for the District of Columbia having jurisdiction, as the case may be.
The Covered Entity and the Business Associate expressly waive any and all rights to initiate
litigation, arbitration, mediation, negotiations and/or similar proceedings outside the physical
boundaries of the District of Columbia and expressly consent to the jurisdiction of the above
tribunals.
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h. Indemnification. The Business Associate shall indemnify, hold harmless and defend the
Covered Entity from and against any and all claims, losses, liabilities, costs, and other
expenses incurred as a result or arising directly or indirectly out of or in connection with (a)
any misrepresentation, breach of warranty or non-fulfillment of any undertaking of the
Business Associate under this HIPAA Compliance Clause; and (b) any claims, demands,
awards, judgments, actions and proceedings made by any person or organization, arising out
of or in any way connected with the performance of the Business Associate under this HIPAA
Compliance Clause.
i. Injunctive Relief. Notwithstanding any rights or remedies under this HIPAA Compliance
Clause or provided by law, the Covered Entity retains all rights to seek injunctive relief to
prevent or stop the unauthorized use or disclosure of PHI by the Business Associate, its
workforce, any of its subcontractors, agents, or any third party who has received PHI from
the Business Associate.
j. Assistance in litigation or administrative proceedings. The Business Associate shall make
itself and any agents, affiliates, subsidiaries, subcontractors or its workforce assisting the
Business Associate in the fulfillment of its obligations under this HIPAA Compliance Clause
and the Contract, available to the Covered Entity, to testify as witnesses, or otherwise, in the
event of litigation or administrative proceedings being commenced against the Covered
Entity, its directors, officers or employees based upon claimed violation of HIPAA, the
Privacy Rule or other laws relating to security and privacy, except where the Business
Associate or its agents, affiliates, subsidiaries, subcontractors or its workforce are a named
adverse party.
k. Notices. Any notices between the Parties or notices to be given under this HIPAA
Compliance Clause shall be given in writing and delivered by personal courier delivery or
overnight courier delivery, or by certified mail with return receipt requested, to the Business
Associate or to the Covered Entity, to the addresses given for each Party below or to the
address either Party hereafter gives to the other Party. Any notice, being addressed and
mailed in the foregoing manner, shall be deemed given five (5) business days after mailing.
Any notice delivered by personal courier delivery or overnight courier delivery shall be
deemed given upon notice upon receipt.
If to the Business Associate, to If to the Covered Enti ty, to
Deborah Shore_______________ Child and Famil y Services
Sasha Bruce Youthwork________ 200 I Stree t, S.E, Suite 3620
741 8th Street SE, Washington DC
20003
Washington, D.C. 20003
Attention:____________________ Attention: Dionne M. B ryant
Ph: 202-675-9340 ext-270_____ Fax: 202-727-6333
l. Headings. Headings are for convenience only and form no part of this HIPAA Compliance
Clause and shall not affect its interpretation.
m. Counterparts; Facsimiles. This HIPAA Compliance Clause may be executed in any number
of counterparts, each of which shall be deemed an original. Facsimile copies hereof shall be
deemed to be originals.
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n. Successors and Assigns. The provisions of this HIPAA Compliance Clause shall be binding
upon and shall inure to the benefit of the Parties hereto and their respective successors and
permitted assigns, if any.
o. Severance. In the event that any provision of this HIPAA Compliance Clause is held by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of the
provisions of this HIPAA Compliance Clause will remain in full force and effect. In addition,
in the event a Party believes in good faith that any provision of this HIPAA Compliance
Clause fails to comply with the then-current requirements of the Privacy Rule, such party
shall notify the other Party in writing, in the manner set forth in Section 10. Miscellaneous,
Paragraph k. Notices. Within ten (10) business days from receipt of notice, the Parties shall
address in good faith such concern and amend the terms of this HIPAA Compliance Clause,
if necessary to bring it into compliance. If, after thirty (30) days, the HIPAA Compliance
Clause fails to comply with the Privacy Rule, then either Party has the right to terminate this
HIPAA Compliance Clause upon written notice to the other Party.
p. Independent Contractor. The Business Associate will function as an independent contractor
and shall not be considered an employee of the Covered Entity for any purpose. Nothing in
this HIPAA Compliance Clause shall be interpreted as authorizing the Business Associate
workforce, its subcontractor(s) or its agent(s) or employee(s) to act as an agent or
representative for or on behalf of the Covered Entity.
q. Entire Agreement. This HIPAA Compliance Clause, as may be amended from time to time
pursuant to Section 10. Miscellaneous, Paragraph b. Amendment, which incorporates by
reference the Contract, and specific procedures from the District of Columbia Department of
Health Privacy Policy Operations Manual, constitutes the entire agreement and
understanding between the Parties and supersedes all prior oral and written agreements and
understandings between them with respect to applicable District of Columbia and federal
laws, rules and regulations, HIPAA and the Privacy Rule, and any rules, regulations,
requirements, rulings, interpretations, procedures, or other actions related thereto that are
promulgated, issued or taken by or on behalf of the Secretary.
Attachment
Exhibit A - Identity and Procedure Verification
H.14
AUDITS AND RECORDS
H.14.1 As used in this clause, “records” includes books, documents, accounting procedures and
practices, and other data, regardless of type and regardless of whether such items are in
written form, in the form of computer data, or in any other form.
H.14.2 Examination of Costs: If this is a cost-reimbursement, incentive, time-and-materials,
labor-hour, or price re-determinable contract, or any combination of these, the Contractor
shall maintain and the Contracting Officer, or an authorized representative of the
Contracting Officer, shall have the right to examine and audit all records and other
evidence sufficient to reflect properly all costs claimed to have been incurred or
anticipated to be incurred directly or indirectly in performance of this contract. This right
of examination shall include inspection at all reasonable times of the Contractor’s plants,
or parts of them, engaged in performing the contract.
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H.14.3 Cost or Pricing Data: The Contractor shall submit cost or pricing data in connection with
any pricing action relating to this contract, the Contracting Officer, or an authorized
representative of the Contracting Officer, in order to evaluate the accuracy, completeness,
and currency of the cost or pricing data, shall have the right to examine and audit all of
the Contractor’s records, including computations and projections, related to:
a) The statement of qualifications for the contract, subcontract, or modification;
b) The discussions conducted on the statement of qualifications, including those related to
negotiating;
c) Pricing of the contract, subcontract, or modification; or
d) Performance of the contract, subcontract or modification.
H.14.4 Comptroller General
H.14.4.1 The Comptroller General of the United States, or an authorized representative, shall have
access to and the right to examine any of the Contractor’s directly pertinent records
involving transactions related to this contract or a subcontract hereunder.
H.14.4.2 This paragraph may not be construed to require the Contractor or subcontractor to create
or maintain any record that the Contractor or subcontractor does not maintain in the
ordinary course of business or pursuant to a provision of law.
H.14.5 This paragraph may not be construed to require the Contractor or subcontractor to create
or maintain any record that the Contractor or subcontractor does not maintain in the
ordinary course of business or pursuant to a provision of law.
H.14.6 Reports: If the Contractor is required to furnish cost, funding, or performance reports, the
Contracting Officer or an authorized representative of the Contracting Officer shall have
the right to examine and audit the supporting records and materials, for the purpose of
evaluating:
a) The effectiveness of the Contractor’s policies and procedures to produce data compatible
with the objectives of these reports; and
b) The data reported.
H.14.7 Availability: The Contractor shall make available at its office at all reasonable times the
records, materials, and other evidence described in clauses H.14.1 through H.14.6, for
examination, audit, or reproduction, until 3 years after final payment under this contract
or for any shorter period specified in the solicitation, or for any longer period required by
statute or by other clauses of this contract. In addition:
a) If this contract is completely or partially terminated, the Contractor shall make available
the records relating to the work terminated until 3 years after any resulting final
termination settlement; and
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b) The Contractor shall make available records relating to appeals under the Disputes clause
or to litigation or the settlement of claims arising under or relating to this contract until
such appeals, litigation, or claims are finally resolved.
H.14.8 The Contractor shall insert a clause containing all the terms of this clause, including this
section H.14.8, in all subcontracts under this contract that exceed the small purchase
threshold of $100,000, and:
a) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price re-
determinable type or any combination of these;
b) For which cost or pricing data are required; or
c) That requires the subcontractor to furnish reports described in H.14.6 of this clause.
H.15 CRIMINAL BACKGROUND AND TRAFFIC RECORDS CHECKS FOR
CONTRACTORS THAT PROVIDE DIRECT SERVICES TO CHILDREN OR
YOUTH
H.15.1 A contractor that provides services as a covered child or youth services Contractor, as
defined in section 202(3) of the Child and Youth, Safety and Health Omnibus
Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code
§ 4-1501.01 et seq.), as amended (in this section, the “Act”), shall obtain criminal history
records to investigate persons applying for employment, in either a compensated or an
unsupervised volunteer position, as well as its current employees and unsupervised
volunteers. The Contractor shall request criminal background checks for the following
positions:
All positions listed in the proposal with direct contact with children/youth.
H.15.2 The contractor shall also obtain traffic records to investigate persons applying for
employment, as well as current employees and volunteers, when that person will be
required to drive a motor vehicle to transport children in the course of performing his or
her duties. The Contractor shall request traffic records for the following positions:
Those positions listed in the contract which requires an individual to drive a motor vehicle
to transport children/youth.
H.15.3 The Contractor shall inform all applicants requiring a criminal background check that a
criminal background check must be conducted on the applicant before the applicant may
be offered a compensated position or an unsupervised volunteer position.
H.15.5 The Contractor shall obtain from each applicant, employee and unsupervised volunteer:
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a. a written authorization which authorizes the District to conduct a criminal
background check;
b. a written confirmation stating that the Contractor has informed him or her that
the District is authorized to conduct a criminal background check;
c. a signed affirmation stating whether or not they have been convicted of a crime,
pleaded nolo contendere, are on probation before judgment or placement of a
case upon a stet docket, or have been found not guilty by reason of insanity, for
any sexual offenses or intra-family offenses in the District or their equivalent in
any other state or territory, or for any of the following felony offenses or their
equivalent in any other state or territory:
i. Murder, attempted murder, manslaughter, or arson;
ii. Assault, assault with a dangerous weapon, mayhem, malicious
disfigurement, or threats to do bodily harm;
iii. Burglary;
iv. Robbery;
v. Kidnapping;
vi. Illegal use or possession of a firearm;
vii. Sexual offenses, including indecent exposure; promoting, procuring,
compelling, soliciting, or engaging in prostitution; corrupting minors
(sexual relations with children); molesting; voyeurism; committing sex
acts in public; incest; rape; sexual assault; sexual battery; or sexual
abuse; but excluding sodomy between consenting adults;
viii. Child abuse or cruelty to children; or
ix. Unlawful distribution of or possession with intent to distribute a
controlled substance;
d. a written acknowledgement stating that the Contractor has notified them that
they are entitled to receive a copy of the criminal background check and to
challenge the accuracy and completeness of the report; and
e. a written acknowledgement stating that the Contractor has notified them that
they may be denied employment or a volunteer position, or may be terminated as
an employee or volunteer based on the results of the criminal background check.
H.15.6 The Contractor shall inform each applicant, employee and unsupervised volunteer that a
false statement may subject them to criminal penalties.
H.15.7 Prior to requesting a criminal background check, the Contractor shall provide each
applicant, employee, or unsupervised volunteer with a form or forms to be utilized for the
following purposes:
(A) To authorize the Metropolitan Police Department (MPD), or designee, to conduct the
criminal background check and confirm that the applicant, employee, or unsupervised
volunteer has been informed that the Contractor is authorized and required to conduct a
criminal background check;
(B) To affirm whether or not the applicant, employee, or unsupervised volunteer has been
convicted of a crime, has pleaded nolo contendere, is on or has been found not guilty by
reason of insanity for any sexual offenses or intra-family offenses in the District or their
equivalent in any other state or territory of the United States,
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(C) To acknowledge that the applicant, employee, or unsupervised volunteer has been notified
of his or her right to obtain a copy of the criminal background check report and to
challenge the accuracy and completeness of the report;
(D) To acknowledge that the applicant may be denied employment, assignment to, or an
unsupervised volunteer position for which a criminal background check is required based
on the outcome of the criminal background check; and
(E) To inform the applicant or employee that a false statement on the form or forms may
subject them to criminal penalties pursuant to D.C. Official Code §22-2405.
H.15.8 The Contractor shall direct the applicant or employee to complete the form or forms and
notify the applicant or employee when and where to report to be fingerprinted.
H.15.9 Unless otherwise provided herein, the Contractor shall request criminal background
checks from the Chief, MPD (or designee), who shall be responsible for conducting
criminal background checks, including fingerprinting.
H.15.10 The Contractor shall request traffic records checks from the Director, Department of
Motor Vehicles (DMV) (or designee), who shall be responsible for conducting traffic
record checks.
H.15.11 The Contractor shall provide copies of all criminal background and traffic check reports
to the CA.
H.15.12 The Contractor shall pay for the costs for the criminal background and traffic record
checks, pursuant to the requirements set forth by the MPD and DMV. The District shall
not make any separate payment for the cost of criminal background and traffic record
checks.
H.15.13 The Contractor may make an offer of appointment to, or assign a current employee or
applicant to, a compensated position contingent upon receipt from the Contracting Officer
of the CA’s decision after his or her assessment of the criminal background or traffic
record check.
H.15.14 The Contractor may not make an offer of appointment to an unsupervised volunteer
whose position brings him or her into direct contact with children until it receives from
the contracting officer the CA’s decision after his or her assessment of the criminal
background or traffic record check.
H.15.15 The Contractor shall not employ or permit to serve as an unsupervised volunteer an
applicant or employee who has been convicted of, has pleaded nolo contendere to, is on
probation before judgment or placement of a case on the stet docket because of, or has
been found not guilty by reason of insanity for any sexual offenses involving a minor.
H.15.16 Unless otherwise specified herein, the Contractor shall conduct periodic criminal
background checks upon the exercise of each option year of this contract for current
employees and unsupervised volunteer in the positions listed in sections H.15.1 and
H.15.2.
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H.15.17 An employee or unsupervised volunteer may be subject to administrative action
including, but not limited to, reassignment or termination at the discretion of the CA after
his or her assessment of a criminal background or traffic record check.
H.15.18 The CA shall be solely responsible for assessing the information obtained from each
criminal background and traffic records check report to determine whether a final offer
may be made to each applicant or employee. The CA shall inform the contracting officer
of its decision, and the contracting officer shall inform the Contractor whether an offer
may be made to each applicant.
H.15.19 If any application is denied because the CA determines that the applicant presents a
present danger to children or youth, the Contractor shall notify the applicant of such
determination and inform the applicant in writing that she or he may appeal the denial to
the Commission on Human Rights within thirty (30) days of the determination.
H.15.20 Criminal background and traffic record check reports obtained under this section shall be
confidential and are for the exclusive use of making employment-related determinations.
The Contractor shall not release or otherwise disclose the reports to any person, except as
directed by the contracting officer.
H.16 ECONOMIC PRICE ADJUSTMENT
H.16.1 The Contractor shall submit a single price for the contract base period. The District will
adjust the unit prices upward as appropriate. Adjustments shall only be made annually at
the time of the exercise of the options. The CPI will be calculated from date of award
through 12 months. However, since the CPI is on a delay, the Option will be exercised
at the current prices and adjusted when the 12-month CPI is available. The CPI will be
applied to schedule 1 only. This will result in a corresponding increase in schedule 2.
The remainder of the costs in schedules 3 through 11 will be negotiated on a schedule-
by-schedule basis for each option year based on CFSA reconciled and certified
expenditures during the preceding 12 months of the contract term. The total costs for
schedules 3 through 11 shall not exceed the negotiated costs at time of award.
H.16.2 The District shall use the most current data available for the Consumer Price Index for all
Urban Consumers (CPI-U) U.S. city average, not seasonally adjusted.
H.16.2.1 CPIs do not correspond to a specific day, week or month but are for a single month and
there is about a two-week lag from the reference month to the date on which the index is
released (that is, the CPI for May is released in mid-June).
H.16.3 The following formula and index shall be used to determine the level of adjustment to the
current contract price. The unit bid price at the date of contract award shall be the
reference period from which changes in the CPI-U will be measured. The revised unit
bid price shall be calculated as follows:
H.16.3.1 Consumer Price Index at time of adjustment, divided by the CPI-U, all items category at
time of contract award, multiplied by the unit price will equal the adjusted unit price.
H.16.3.2 The increased contract unit price shall be effective on the effective date of the option term.
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H.16.3.3 The Contracting Officer shall modify this contract:
(1) to include the price adjustment and its effective date and
(2) to revise the unit prices
H.16.3.4 Any price adjustment under this clause is subject to the following limitations:
(1) Any adjustment shall be limited to the effect on unit prices of the increases in the unit
prices as shown in the Price Schedule.
(2) The aggregate of the increases in any budgeted contract line-item price made under
this clause shall not exceed 5 percent of the original unit price. There will be no downward
adjustments if the CPI is in the negative during a 12-month period.
H.16.3.5 The Contracting Officer may examine the Contractor’s books, records, and other
supporting data relevant to the cost of labor (including fringe benefits) and material during
all reasonable times until the end of 3 years after the date of final payment under this
contract.
H.17 Client Records.
The record of each client placed with the Contractor during the term of this contract is the
property of the District. The Contractor shall provide the District with copies of these
records upon conclusion of services or termination of the Contract.
H.18 Staff Secur ity Requirements.
H.18.1
The Contractor shall conduct routine, pre-employment child protection and criminal record
background checks of the Contractor’s staff and prospective staff to include consultants and
sub-contracts with access to children. All staff, employees, consultants and sub-contractors
must be cleared through the Child Protection Register and the Police Department of the
jurisdiction(s) in which the staff member resided during the five years prior to employment
under this contract, as well as cleared through the District of Columbia Metropolitan Police
Department, and the jurisdiction in which they will be providing services. The Contractor
must ensure that employees, consultants and subcontractors obtain FBI and local police
clearances every two (2) years, and a Child Protection Registry clearance on an annual basis.
H.18.2
The Contractor shall not employ any staff in the fulfillment of work under this contract,
unless said person has undergone both background checks evidencing there are not any
convictions of the following:
H.18.2.1 Child abuse;
H.18.2.2 Child ne glect;
H.18.2.3 A crime a gainst children, including child pornography;
H.18.2.4 A crime involving violence, including but not limited to, rape, sexual
assault, homicide and assault;
H.18.2.5 Or, there is any information that the staff has been identified as a possible
abuser or neglecter in a pending child abuse or neglect case.
H.18.2.6 The Contractor shall screen new employees for drug and alcohol abuse, and
then conduct subsequent, continuous testing on a random basis.
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H.18.2.7 The Contractor shall terminate any staff for which an allegation
of any of the following has been substantiated:
H.18.2.8 Ne glect of children;
H.18.2.9 P hysical abuse of children, families or staff members;
H.18.2.10 Sexual abuse or harassment of children, families or staff members;
H.18.2.11 Verbal or emotional abuse of children, families or staff members;
H.18.2.12 Drug or alcohol use on the premises or with children and families, or such
that the staff is under the influence while on duty;
H.18.2.13 Failure to report any allegation of child abuse and/or neglect to CFSA and
to the appropriate law enforcement or social service agency in the
jurisdiction in which the allegation occurred.
H.18.2.14 The Contractor shall place a staff on suspension or administrative leave and
bar access to children or youth following an allegation, and during the time
of investigation into those criteria listed in above in Section H.18.2.4 of this
contract.
H.18.2.15 CFSA will consider as sufficient cause for placement restriction, and possible
result in contract termination, the Contractor’s failure to dismiss employees
for the conditions listed in Section H.18.2.4 of this contract.
H.18.2.16 CFSA retains the right to make additional recommendations on staffing
security issues that may come to its attention during staff record reviews.
H.18.1 The Contractor shall comply with all applicable District of Columbia laws and regulations.
In particular, this contract issued by or on behalf of the government of the District of
Columbia, shall be conditioned upon full compliance with the provisions of D.C. Code,
2001 Ed., §2-1402.67. Contractor’s failure or refusal to comply with any provision of this
chapter shall be a proper basis for revocation of the contract. Any practice which has the
effect or consequence of violating any of the provisions of this chapter shall be deemed to
be an unlawful discriminatory practice. D.C. Code, 2001 Ed., §2-1402.68.
H.18.2 The Contractor shall provide an environment that is free of discrimination and harassment
based on gender identity, sexual orientation, religious and racial/ethnic background, and/or
disability.
H.19 Transition Period
H.19.1 In the event of either termination or pending expiration of this contract, the Contractor shall assist
the Agency in the smooth and orderly transition of the children in its care to a new contractor.
This time shall be identified as the Transition Period.
H.19.2 The CA shall provide the Contractor, no later than seven (7) days prior to the start of the Transition
period, a Transition Plan, which, at a minimum, lists all children to be moved with anticipated
moving dates.
H.19.3 During the Transition Period, the Contractor shall cooperate with the CA to ensure that all clients
are transitioned.
H.19.4 The Contractor shall continue to provide the services as described in this contract during the
Transition period. The Contractor shall continue to follow the billing procedures outlined in
Section G of this contract.
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H.19.5 The Transition Period shall be no more than sixty (60) days prior to the expiration date of the
contract. If the Transition Period is utilized to the expiration date of the contract, the Contractor is
to submit the final invoice within thirty (30) days of the contract’s expiration.
H.20 SEXUAL HARRASSMENT
During the performance of this contract, the Contractor and any of its subcontractors shall abide by
the District of Columbia Human Rights Act including its prohibitions on sexual harassment,
consistent with 4 DCMR 1100 et seq.
* * * END OF SECTION H * * *
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SECTION I: HUMAN CARE AGREEMENT 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
resulting from this solicitation. To obtain a copy of the SCP go to
https://ocp.dc.gov/page/required-solicitation-documents-ocp; scroll to the bottom of the
screen, click on Required Solicitation Documents, scroll to Required Attachments and click
on Standard Contract Provisions - 2010.
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
All information obtained by the Contractor relating to any employee or customer of the
District will be kept in absolute confidence and shall not be used by the Contractor in
connection with any other matters, nor shall any such information be disclosed 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
the Contractor’s rights in that subcontractor data or computer software which is required
for the District.
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E. Source Code Escrow
1. For all computer software furnished to the District with the rights specified in section B.2,
the Contractor shall furnish to the District, a copy of the source code with such rights of the
scope as specified in section B.2 of this clause. For all computer software furnished to the
District with the restricted rights specified in section B.1 of this clause, the District, if the
Contractor either directly or through a successor or affiliate shall cease to provide the
maintenance or warranty services provided the District under the contract or any paid-up
maintenance agreement, or if the Contractor should be declared insolvent by a court of
competent jurisdiction, shall have the right to obtain, for its own and sole use only, a single
copy of the current version of the source code supplied under the contract, and a single copy
of the documentation associated therewith, upon payment to the person in control of the
source code the reasonable cost of making each copy.
2. If the Contractor or Product manufacturer/developer of software furnished to the District
with the rights specified in section B.1 of this clause offers the source code or source code
escrow to any other commercial customers, the Contractor shall either: (1) provide the
District with the source code for the Product; (2) place the source code in a third party escrow
arrangement with a designated escrow agent who shall be named and identified to the
District, and who shall be directed to release the deposited source code in accordance with a
standard escrow arrangement acceptable to the District; or (3) will certify to the District that
the Product manufacturer/ developer has named the District as a named beneficiary of an
established escrow arrangement with its designated escrow agent who shall be named and
identified to the District, and who shall be directed to release the deposited source code in
accordance with the terms of escrow.
3. The Contractor shall update the source code, as well as any corrections or enhancements to
the source code, for each new release of the Product in the same manner as provided above,
and certify such updating of escrow to the District in writing.
F. Indemnification and Limitation of Liability
The Contractor shall indemnify and save and hold harmless the District, its officers, agents
and employees acting within the scope of their official duties against any liability, including
costs and expenses, (i) for violation of proprietary rights, copyrights, or rights of privacy,
arising out of the publication, translation, reproduction, delivery, performance, use or
disposition of any data furnished under this contract, or (ii) based upon any data furnished
under this contract, or based upon libelous or other unlawful matter contained in such data.
I.6 OTHER CONTRACTORS
The Contractor shall not commit or permit any act that will interfere with the performance
of work by another District contractor or by any District employee.
I.7 SUBCONTRACTS
The Contractor hereunder shall not subcontract any of the Contractor’s work or services to
any subcontractor without the prior written consent of the Contracting Officer. 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.
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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 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.
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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.
2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory to the CO of
commercial (business) automobile liability insurance written on ISO form CA 00 01 10 13 (or another
form with coverage at least as broad and approved by the CO in writing) including coverage for all
owned, hired, borrowed and non-owned vehicles and equipment used by the Contractor, with minimum
per accident limits equal to the greater of (i) the limits 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. Form CA 99 48 03 06 Pollution Liability - Broadened Coverage for Covered Autos -
Business Auto, Motor Carrier and Truckers must be endorsed onto the policy
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. Cyber Liability Insurance - The Contractor shall provide evidence satisfactory to the Contracting
Officer of Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim,
$2,000,000 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.
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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.
5. 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.
6. 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.
7. 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) $5,000,000 per
occurrence and $5,000,000 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.
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
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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:
The Government of the District of Columbia
And mailed to the attention of:
Tara Sigamoni
Agency Chief Contracting Officer
DC Child and Family Services Agency
200 I Street, SE, Suite 2130
Washington, DC 20003
Phone #: (202) 724-7415
Email: tara.sigamoni@dc.gov
The CO may request, and the Contractor shall promptly deliver, updated certificates of insurance,
endorsements indicating the required coverages, and/or certified copies of the insurance policies. If the
insurance initially obtained by the Contractor expires prior to completion of the contract, renewal
certificates of insurance and additional insured and other endorsements shall be furnished to the CO
prior to the date of expiration of all such initial insurance. For all coverage required to be maintained
after completion, an additional certificate of insurance evidencing such coverage shall be submitted to
the CO on an annual basis as the coverage is renewed (or replaced).
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.
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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.4. An award cannot be made to any
bidder who has not satisfied the equal employment requirements.
I.10 ORDER OF PRECEDENCE
The contract awarded as a result of this Human Care Agreement will contain the following
clause:
I.10.1 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 HCA by reference and made a part of the
HCA in the following order of precedence:
1) An applicable Court Order, if any
2) HCA document
3) Standard Contract Provisions
4) HCA attachments other than the Standard Contract Provisions
5) Human Care Agreement, as amended
6) Contractor Qualification Record
I.11 CONTRACTS IN EXCESS OF ONE MILLION DOLLARS
Any contract in excess of $l,000,000 shall not be binding or give rise to any claim or
demand against the District until approved by the Council of the District of Columbia and
signed by the CO.
I.12 GOVERNING LAW
This contract, and any disputes arising out of or related to this contract, shall be governed
by, and construed in accordance with, the laws of the District of Columbia.
I.13 SPECIAL PROVISIONS RELATED TO THE COVID-19 EMERGENCY
Contractors who provide goods or perform services in person in District of Columbia
facilities or worksites (“On-site Contractors”) shall ensure that each of their employees,
agents, subcontractors, and supervised volunteers comply with City Administrator’s Order
2022-3, Mask Requirements Inside Certain District Government Buildings and Offices,
dated April 14, 2022, and all substantially similar mask requirements including any
modifications to the Order, unless and until they are rescinded.
*** END OF SECTION I ***
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SECTION J: LIST OF ATTACHMENTS
The following list of attachments is incorporated by reference. These attachments are located at:
https://ocp.dc.gov/page/required-solicitation-documents-ocp, Required Solicitation Attachments.
**** END OF SECTION J ***
Attachment
Number Document
J.1
Government of the District of Columbia Standard Contract Provisions for Use
with the Supplies and Services Contracts (July 2010) available at www.ocp.dc.gov
click on “Required Solicitation Documents” under “Required Attachments”
J.2 U.S. Department of Labor Wage Determination No.: 2015-4281 Revision No.
25, Dated December 27, 2022.
J.3 Completed Contractor Qualifications Record (CQR), Form 1900 submitted
6/30/2023
J.4
Office of Local Business Development Equal Employment Opportunity
Information Report and Mayor’s Order 85-85 available at www.ocp.dc.gov
click on “Required Solicitation Documents” under “Required Attachments”
J.5
Department of Employment Services First Source Employment Agreement
available at www.ocp.dc.gov click on “Required Solicitation Documents” under
“Additional Attachments That May Be Required”
J.6
Way to Work Amendment Act of 2006 – 2022 Living Wage Notice
available at www.ocp.dc.gov click on “Required Solicitation Documents”
under “Required Attachments”
J.7
Way to Work Amendment Act of 2006 – 2022 Living Wage Fact Sheet available
at www.ocp.dc.gov click On “Required Solicitation Documents” under “Required
Attachments”
J.8 Clean Hands Certification, Business License and Certificate of Good Standing.
J.9 Subcontracting Plan available at www.ocp.dc.gov click on “Required Solicitation
Documents” under “Additional Attachments That May Be Required”
J.10 Approved Contract Costing Budget Schedules; 1 through 11 Dated 11/15/2022.
J.11 Completed Bidder/Offeror Certification for dated 6/30/2022
J.12 Sasha Bruce Youthwork Technical Proposal dated 6/30/2022.