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CA26-0091 • 2025

Proposed Contract with Public Consulting Group, LLC (PCG) to Contract No. CW120781

Proposed Contract with Public Consulting Group, LLC (PCG) to Contract No. CW120781

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
at the request of the Mayor
Last action
2025-03-19
Official status
Deemed Approved
Effective date
Not listed

Plain English Breakdown

The official source material did not provide specific details on performance standards or expected outcomes beyond compliance with federal regulations and Medicaid priorities.

Proposed Contract with Public Consulting Group for Medicaid Services

The bill proposes a contract between the District of Columbia and Public Consulting Group, LLC (PCG) to provide Independent Verification and Validation services for one year to support the implementation of a new Medicaid Management Information System.

What This Bill Does

  • Creates a one-year contract with PCG for $1,200,000.
  • Requires PCG to offer Independent Verification and Validation (IV&V) services to support the District's MMIS implementation.
  • Includes provisions for potential option periods extending up to four years beyond the initial year, each with increased costs due to inflation and staffing needs.

Who It Names or Affects

  • The District of Columbia government
  • Public Consulting Group, LLC (PCG)

Terms To Know

Medicaid Management Information System (MMIS)
A system that manages Medicaid data and processes for the District.
Independent Verification and Validation (IV&V) services
Services to ensure the accuracy, completeness, and compliance of a project or system with established requirements.

Limits and Unknowns

  • The bill does not specify what happens if PCG fails to meet performance standards.
  • It is unclear how many District residents will be directly impacted by this contract.
  • There are no details on the exact timeline for implementing MMIS beyond the initial one-year period.

Bill History

  1. 2025-03-19 Council of the District of Columbia LIMS

    CA26-0091 Introduced by Chairman Mendelson at Office of the Secretary

  2. 2025-03-19 Council of the District of Columbia LIMS

    Retained by the Council with comments from the Committee on Health

Official Summary Text

Proposed Contract with Public Consulting Group, LLC (PCG) to Contract No. CW120781

Current Bill Text

Read the full stored bill text 
MURIELBOWSERMAYOR
March19,2025
TheHonorablePhilMendelson
Chairman
CounciloftheDistrictofColumbia
JohnA.WilsonBuilding
1350PennsylvaniaAvenue,NW,Suite504
Washington,DC 20004
Dear Chairman Mendelson:
Pursuantto section451 of the Districtof Columbia Home Rule Act (D.C. OfficialCode § 1-
204.51)andsection202oftheProcurementPracticesReformActof2010(D.C.OfficialCode§
2-352.02),enclosedforconsiderationand approvalby the Councilofthe Districtof Columbia is
proposed ContractNo. CW120781 with PublicConsultingGroup, LLC (PCG) in theamount of
$1,200,000.The periodof performanceisone yearfrom thedateof theaward.
Undertheproposedcontract,PCGwillprovideIndependentVerificationandValidationservicestosupporttheDistrict’simplementationofa newMedicaidManagementInformation(MMIS).MMISconsistsofthecoresystems,supportingservicessolution,andotherMedicaidEnterprisemodules(e.g.,datawarehouse,pharmacybenefitmanager,clinicalcasemanagementsystem,andproviderdatamanagementsystem).

My administrationisavailabletodiscussanyquestionsyoumayhaveregardingtheproposedcontract.Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasehaveyourstaffcontactMareScott,ChiefOperatingOfficer,OfficeofContractingandProcurement,at(202)724-8759.
IlookforwardtotheCouncil’sfavorableconsiderationofthiscontract.
Sincerely,
MuriflBowser
1

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement

Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c), the following contract summary is provided:

COUNCIL CONTRACT SUMMARY
(Standard, tipping, retroactive without changes, and multiyear)

(A) Contract Number: CW120781

Proposed Contractor: Public Consulting Group, LLC

Proposed Contractor’s Principals: Sylvia Mitchem, Director
(804) 385-5337
smitchem@pcgus.com

Contract Amount (Base Period): $1,200,000

Unit and Method of Compensation: Fixed Price

Term of Contract: One year from the date of award

Type of Contract: Firm Fixed Price

Source Selection Method: Competitive Sealed Bid

(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: $1,200,000
(One year from the date of award)

Option Period One Amount: $1,206,444
Explanation of difference from base period (if applicable):

The amount for option period one exceeds the base year due to inflationary factors and the
anticipated increased cost of staffing and annual project expenses.

2

Option Period Two Amount: $1,212,923
Explanation of difference from base period (if applicable):

The amount for option period two exceeds the base year due to inflationary factors and the
anticipated increased cost of staffing and annual project expenses.

Option Period Three Amount: $1,219,436
Explanation of difference from base period (if applicable):

The amount for option period three exceeds the base year due to inflationary factors and the
anticipated increased cost of staffing and annual project expenses.

Option Period Four Amount: $1,225,984
Explanation of difference from base period (if applicable):

The amount for option period four exceeds the base year due to inflationary factors and the
anticipated increased cost of staffing and annual project expenses.

(C) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:

The contractor shall provide Independent Verification and Validation (IV&V) services to support
the District’s implementation of a new Medicaid Management Information System (MMIS).

(D) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:

Solicitation Number Doc702784 was issued to the public on July 23, 2024 through a competitive
sealed bid. The solicitation closed on August 21, 2024. On the closing date, the District received
three timely bids in response to the solicitation. The contracting officer (CO) determined that Public
Consulting Group, LLC was the lowest responsive and responsible bidder because they met the
special standards to include key personnel resumes and past performance evaluations which met the
requirements set forth in the solicitation, provided a responsive bid, offered the lowest price, and
met the contractor’s responsibility obligations.

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

None

3

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

• CW94459 – Department of Human Services Asset Verification System
• CW85352 – Administrative Services Organization

(G) The background and qualifications of the proposed contractor, including its organization,
financial stability, personnel, and performance on past or current government or private
sector contracts with requirements similar to those of the proposed contract:

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

(H) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
D.C. Official Code § 2-218.01 et seq. (“Act”), including a certification that the subcontracting
plan meets the minimum requirements of the Act and the dollar volume of the portion of the
contract to be subcontracted, expressed both in total dollars and as a percentage of the total
contract amount:

The contractor provided a subcontracting plan with a set aside of 35% for a total dollar amount of
$420,000. The contracting officer has determined that the plan meets the Department of Small and
Local Business Development requirement.

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

The performance standards and expected outcome shall follow federal regulations, Medicaid
priorities, and updated Medicaid Enterprise Certification Toolkit versions. The contractor shall
serve the District by implementing and certifying MMIS Enterprise modules including the newly
implemented MMIS, Clinical Case Management System, Provider Data Management System,
Pharmacy Benefit Management System, Electronic Visit Verification System, and Medicaid Data
Warehouse. The contractor shall perform in accordance with section C.5 of the contract and abide
by District and Federal laws and regulations.

(J) The amount and date of any expenditure of funds by the District pursuant to the contract
prior to its submission to the Council for approval:

None

4

(K) A certification that the proposed contract is within the appropriated budget authority for the
agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:

The DHCF Agency Fiscal Officer certified that funding in the amount of $1,200,000 is available to
DHCF to support the contract for MMIS IV&V.

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

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

(M) A certification that Citywide Clean Hands database indicates that the proposed contractor is
current with its District taxes. If the Citywide Clean Hands Database indicates that the
proposed contractor is not current with its District taxes, either: (1) a certification that the
contractor has worked out and is current with a payment schedule approved by the District;
or (2) a certification that the contractor will be current with its District taxes after the District
recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b):

On January 10, 2025, the Citywide Clean Hands database certified that the contractor is current
with its District taxes.

(N) A certification from the proposed contractor that it is current with its federal taxes, or has
worked out and is current with a payment schedule approved by the federal government:

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

(O) A certification that the proposed contractor has been determined not to violate section 334a of
the Board of Ethics and Government Accountability Establishment and Comprehensive
Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a; and (2) A
certification from the proposed contractor that it currently is not and will not be in violation
of section 334a of the Board of Ethics and Government Accountability Establishment and
Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a:

The contractor has certified, via the Bidder/Offeror Certification form, that it is (1) not in violation
of section 334a of the Board of Ethics and Government Accountability Establishment and
Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a; and (2)
currently is not and will not be in violation of section 334a of the Board of Ethics and Government
Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, D.C.
Official Code § 1-1163.34a

5

(P) The status of the proposed contractor as a certified local, small, or disadvantaged business
enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
Development and Assistance Act of 2005, as amended; D.C. Official Code § 2-218.01 et seq.:

The contractor is not a certified local, small or disadvantaged business enterprise.

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

None

(R) A statement indicating whether the proposed contractor is currently debarred from providing
services or goods to the District or federal government, the dates of the debarment, and the
reasons for debarment:

As of January 13, 2025, the contractor does not appear on the Office of Inspector General
Exclusions Database, the Federal Excluded Parties List or the District’s list of Debarred and
Suspended Contractors.

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

Determination and Findings for Contractor’s Responsibility, dated January 13, 2025
Determination and Findings for Price Reasonableness, dated January 13, 2025

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

http://ocp.dc.gov

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

http://ocp.dc.gov
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/i255

GOVERNMENT OF THE DISTRICTOF COLUMBIA
DepartmentofHealthCareFinance
xk
eeOffficeoftheChiefFinancialOfficer RS]
MEMORANDUM
TO: NancyHapemanChiefProcurementOfficerOfficeofContractingandProcurement

THRU: DeliciaV.MooreDeliciaV.Mooresan"
AssociateChiefFinancialOfficer2=20smotz120200500
HumanSupportServicesCluster
FROM: Darrin Shaffer ‘i Digitallysignedby DarrinA Shaffer
hucteyFisealOfficerDAITINA Shafferpstcadasana1tsers4ose
DepartmentofHealthCareFinance
DATE: February4,2025
SUBJECT:FundingCertificationforIndependentVerificationandValidation(MMIS-IV&V)Contract

TheOfficeoftheChiefFinancialOfficerherebycertifiesthatthesumof$1,200,000.00isincludedintheDistrict'sLocalBudgetandFinancialPlanforFiscalYear2025tofundthecostsassociatedwiththeMedicaidIndependentVerificationandValidation(IV&V)Solicitationcontract.ThiscertificationsupportstheMedicaidIV&VcontractcostfromApril1,2025throughMarch31,2026.Thefundallocationisasfollows:
Vendor:TBD Contract#TBD
FiscalYear2025Funding:04/01/2025-09/30/2025

agcny|DUS.|DUFSCost|DIFS"DUES“TroiAward[SubTask|Allston| TwHTO 1010001 70261 100203 7132001 10% $60,000.00
TerO-{4008002| Tose—[onan]Pisao01[S0080798s]—s-1e—|oops—|S0.00000725 Tal— [6000.0
FiscalYear 2026 Funding: 10/01/2025— 03/31/2026
Agen]DUES|DUESCou|DIES]DIS Jove]Award|SubTask|Allocation| Tota
HTO_| 1010001 70261 100203 7132001 10% $60,000.00
varo-[arosooz| roast[toons713301[S00]Soon[S16| ost— 0.0FY26 Total $600,000.00
UponapprovaloftheDistrict'sLocalBudgetandFinancialPlanbytheCouncilandtheMayorandcompletionofthe thirty-dayCongressionallayover,funds willbe sufficientto pay forfeesand costsassociatedwith the contract.
There isno fiscalimpact associatedwith thecontract.
Shouldyouhaveanyquestions,pleasecontactmeat(202)442-9079.

4414*St.NW,Suite900South,Washington,D.C.20001(202)442-5988FAX(202)478-1373,

400 6th Street, NW, Suite 79100, Washington, DC 20001 (202) 727-3400 Fax (202) 347-8922

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General

ATTORNEY GENERAL
BRIAN L. SCHWALB

Commercial Division

MEMORANDUM

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

FROM: Robert Schildkraut
Section Chief
Government Contracts Section

DATE: February 26, 2025

SUBJECT: Contractor: Public Consulting Group, LLC
Contract No.: CW120781
Total Amount: $1,200,00.00

This is to Certify that this Office has reviewed the above-referenced Contract and that we have
found it to be legally sufficient. If you have any questions in this regard, please do not hesitate to
call me at 724-4018.

______________________________
Robert Schildkraut

AWARD/CONTRACT
1. Solicitation Number Page of Pages
Doc702784 1 60
2. Contract Number 3. Effective Date 4. Requisition/Purchase Request/Project No.
CW120781 See Box 20C
5. Issued By: Code 6. Administered by (If other than line 5)
Office of Contracting and Procurement
Health Services Cluster
441 4th Street, NW; Suite 330 S
Washington, DC 20001
Department of Health Care Finance
Health Care Operations Administration
441 4th Street, NW; Suite 900S
Washington, DC 20001
7. Name and Address of Contractor (No. street, city, county, state, and Zip Code)
Public Consulting Group, LLC
148 State Street
10th Floor
Boston, MA 02109
8. Delivery
FOB Origin FOB Destination
9. Discount for prompt payment:
Net 30 days
10. Submit invoices to the Address shown in Section G.2
(2 copies unless otherwise specified)
DC Vendor Portal, https://vendorportal.dc.gov
11. Ship to/Mark For Code 12. Payment will be made by Code
Department of Health Care Finance
Health Care Operations Administration
441 4th Street, NW; Suite 900S
Washington, DC 20001
Department of Health Care Finance
13. Remit Address: 14. Accounting and Appropriation Data
ENCUMBRANCE CODE:
15A. Item 15B. Supplies/Services 15C. Qty. 15D. Unit 15E. Unit Price 15F. Amount
01 Independent Verification and Validation for the
Medicaid Management Information System 1 Year $1,200,000.00 $1,200,000.00
Amount of Contract $1,200,000.00
16. Table of Contents
(X) Section Description Page (X) Section Description Page
PART I – THE SCHEDULE PART II – CONTRACT CLAUSES
X A Award/Contract 1 X I Contract Clauses 43-57
X B Contract Type, Supplies/Services and
Price/Cost 2-4 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
X C Specifications/Work Statement 5-24 X J List of Attachments 58
X D Packaging and Marking 25 PART IV – REPRESENTATIONS AND INSTRUCTIONS
X E Inspection and Acceptance 26 K Representations, Certifications and Other
Statements of Bidder 59-60X F Period of Performance and Deliverables 27-28
X G Contract Administration 29-33
X H Special Contract Requirements 34-42
Contracting Officer will complete Item 17 or 18 as applicable
17. CONTRACTOR’S NEGOTIATED AGREEMENT
(Contractor is required to sign this document and return (1) copy to the issuing
office.) Contractor agrees to furnish and deliver all items or perform all the services
set forth or otherwise identified above and on any continuation sheets, for the
consideration stated herein. The rights and obligations of the parties to this contract
shall be subject to and governed by the following documents: (a) this
award/contract, (b) the solicitation, if any, and (c) such provisions, representations,
certifications, and specifications, as are attached or incorporated by reference
herein. (Attachments are listed herein.)
18. AWARD
(Contractor is not required to sign this document.) Your offer on
Solicitation Number Doc702784, including the additions or changes
made by you which additions or changes are set forth in full above, is
hereby accepted as to the items listed above and on any continuation
sheets. This award consummates the contract which consists of the
following documents: (a) the Government’s solicitation and your offer,
and (b) this award/contract. No further contractual document is
necessary.
19A. Name and Title of Signer (Type or print) 20A. Name of Contracting Officer
Jarad Dorsey
19B. Name of Contractor
(Signature of person authorized to sign)
19C. Date Signed 20B. District of Columbia
(S
ignature of Contracting Officer)
20C. Date Signed
Government of the District of Columbia Office of Contracting & Procurement
DC OCP 201 (7-99)
William S. Mosakowski, President
09/18/2024

CW120781 IV&V for MMIS

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SECTION B: C ONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST

B.1 The Government of the District of Columbia (the “District”), Office of Contracting and
Procurement (OCP), on behalf of the Department of Health Care Finance (DHCF), is seeking a
consulting firm to provide Independent Verification and Validation (IV&V) services to support
the District’s implementation of a new Medicaid Management Information System (MMIS).
MMIS consists of the core system, supporting services solution, and other Medicaid Enterprise
modules (e.g., data warehouse, pharmacy benefit manager, clinical case management system, and
provider data management system).

B.2 The District contemplates the award of a firm-fixed-price contract in accordance with Title 27 of
the District of Columbia Municipal Regulations (DCMR) Chapter 24.

B.3 PRICE SCHEDULE – FIRM FIXED PRICE

B.3.1 BASE YEAR
One Year from the Date of Award

Contract
Line Item
No. (CLIN)
Item Description Total Amount
0001
Consulting Firm providing full-time on-site IV&V services to
support the District’s MMIS including: Project Startup, Ongoing
Project Activities, Risk Management, and Quality Assurance/Quality
Control; and MECL Guidance including: Certification Progress
Reports, Dashboard Reporting, and Oversight.
$1,200,000.00
Grand Total for Base Year B.3.1 $1,200,000.00

B.3.2 OPTION YEAR ONE
One Year from the Date of Award

CLIN Item Description Total Amount
1001 Consulting Firm providing full-time on-site ongoing support for the
District’s MMIS and MECL Guidance. $1,206,444.00
Grand Total for Option Year One B.3.2 $1,206,444.00

B.3.3 OPTION YEAR TWO
One Year from the Date of Award

CLIN Item Description Total Amount
2001 Consulting Firm providing full-time on-site ongoing support for the
District’s MMIS and MECL Guidance. $1,212,923.00
Grand Total for Option Year Two B.3.3 $1,212,923.00

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B.3.4 OPTION YEAR THREE
One Year from the Date of Award

CLIN Item Description Total Amount
3001 Consulting Firm providing full-time on-site ongoing support for the
District’s MMIS and MECL Guidance. $1,219,436.00
Grand Total for Option Year Three B.3.4 $1,219,436.00

B.3.5 OPTION YEAR FOUR
One Year from the Date of Award

CLIN Item Description Total Amount
4001 Consulting Firm providing full-time on-site ongoing support for the
District’s MMIS and MECL Guidance. $1,225,984.00
Grand Total for Option Year Four B.3.5 $1,225,984.00

B.4 A Bidder responding to this solicitation that is required to subcontract shall be required to submit
with its bid, any subcontracting plan required by law. Bids responding to this Invitation for Bid
(IFB) shall be deemed nonresponsive and shall be rejected if the Bidder fails to submit a
subcontracting plan that is required by law.

B.5 For contracts in excess of $250,000, at least 35% of the dollar volume of the contract shall be
subcontracted in accordance with section H.9.

B.6 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01 et seq.

B.6.1 Nonprofit organizations, as defined in the Act, shall include in their rates the indirect costs
incurred in provision of goods or performance of services under this contract pursuant to the
nonprofit organization's unexpired Negotiated Indirect Cost Rate Agreement (NICRA). If a
nonprofit organization does not have an unexpired NICRA, the nonprofit organization may elect
to instead include in its rates its indirect costs:
(1) As calculated using a de minimis rate of 10% of all direct costs under this contract;
(2) By negotiating a new percentage indirect cost rate with the awarding agency;
(3) As calculated with the same percentage indirect cost rate as the nonprofit organization
negotiated with any District agency within the past 2 years; however, a nonprofit
organization may request to renegotiate indirect costs rates in accordance with B.6.2; or
(4) As calculated with a percentage rate and base amount, determined by a certified public
accountant, as defined in the Act, using the nonprofit organization's audited financial
statements from the immediately preceding fiscal year, pursuant to the OMB Uniform
Guidance, and certified in writing by the certified public accountant.
B.6.2 If this contract is funded by a federal agency, indirect costs shall be consistent with the
requirements for pass-through entities in 2 C.F.R. § 200.331, or any successor regulations.
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B.6.3 The Contractor shall pay its subcontractors which are nonprofit organizations the same indirect
cost rates as the nonprofit organization subcontractors would have received as a prime contractor.

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SECTION C: SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE

C.1.1 The District is seeking a single Contractor to provide IV&V services to support the Centers
for Medicare and Medicaid Services (CMS) and DHCF in support of the streamlined modular
certification (SMC) process. The IV&V team will serve the District by assisting in overseeing
the implementation and certification of the District’s Medicaid Enterprise modules such as the
new MMIS, Clinical Case Management System (CCMS), Provider Data Management System
(PDMS), Pharmacy Benefit Management System (PBMS), Electronic Visit Verification
(EVV) System, and Medicaid Data Warehouse (MDW).

C.1.2 IV&V provides proactive, early detection before the project misses a statutory or regulatory
deadline or misses a critical milestone to allow intervention by the District to ensure the
delivered MMIS Enterprise modules are free of defects and meet CMS requirements. The goal
of the IV&V team will be to determine and provide recommendations for corrections to the
District for review or adoption of objectives.

C.1.3 IV&V services are performed to establish project quality control and audit activities,
independent of the MMIS Enterprise modules contractors and the District. IV&V includes
verification, validation, and quality assurance processes. At minimum IV&V objective
assessments include technical and managerial analysis.

C.1.4 To assist DHCF in validating the functionality of the new MMIS, the IV&V team will consist
of a minimum of five senior-level Information Technology (IT) professionals with a
background in project management and Medicaid claims processing systems. The
Contractor’s three proposed key personnel are included as part of their five senior-level IT
professionals. The key personnel shall meet the requirements set forth in C.5.3.

C.2 A PPLICABLE DOCUMENTS

C.2.1 The following documents and applicable to this procurement and are hereby incorporated by
this reference:

Item
No. Document Type Title
1 Federal Law
42 USC 1396b Social Security Act
Grants to States for Medical Assistance Programs and Section 1903(a), (b),
(d) – Federal Financial Participation Requirements Mechanized Claims
Payment and Information Retrieval Systems
https://www.ssa.gov/OP_Home/ssact/title19/1903.htm
2 Federal Law
45 CFR Part 95 – General Administration – Grant Programs (Public
Assistance and Medical Assistance)
https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-A/part-95
3 Federal Law
45 CFR Part 160 and 164
Health Insurance Portability and Accountability Act (HIPAA) Regulations
http://www.hhs.gov/ocr/privacy/hipaa/administrative/privacyrule/index.htm
l
4 Federal Law 45 CFR 95.621 Automated Data Processing (ADP) Reviews
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Item
No. Document Type Title
https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-A/part-
95/subpart-F/subject-group-ECFR8ea7e78ba47a262/section-95.621
5 Federal Law
42 CFR 433.112 - FFP for design, development, installation or
enhancement of mechanized claims processing and information retrieval
systems
https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-
433/subpart-C/section-433.112
6 National
Standard
Guide for Developing Security Plans for Federal Information Systems
NIST SP 800-18
http://csrc.nist.gov/publications/nistpubs/800-18-Rev1/sp800-18-Rev1-
final.pdf
7 Federal
Regulation
Guide for Performing Risk Assessments
NIST SP 800-30
http://csrc.nist.gov/publications/nistpubs/800-30-rev1/sp800_30_r1.pdf
8 Federal
Regulation
CMS authority for requiring federal certification: Public Law 92-603, and
the Code of Federal Regulations (CFR) at 42 CFR 433 and 45 CFR
95.611(d)
https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-
433/subpart-C
https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-A/part-
95/subpart-F/subject-group-ECFR8ea7e78ba47a262/section-95.611
9 Federal
Regulation
MMIS Critical Success Factors (CSFs)
https://www.hhs.gov/guidance/sites/default/files/hhs-guidance-
documents/01%2520mect%25202_3%2520medicaid%2520enterprise%252
0certification%2520life%2520cycle_2.pdf
10 Federal
Regulation
Medicaid Streamlined Modular Certification
https://www.medicaid.gov/medicaid/data-systems/certification/streamlined-
modular-certification/index.html

C.2.2 All laws listed above shall specifically include and incorporate any implementing regulations
promulgated following the laws.

C.3 DEFINITIONS/ACRONYMS

These terms, when used in this contract, have the following meanings:

C.3.1 “Acceptance” means written confirmation by the Agency that the Bidder has completed a
deliverable according to the Acceptance Criteria, and it is accepted for purposes of an interim
payment. The term is distinct from “Final Acceptance.”

C.3.2 “Acceptance Criteria” means the criteria for accepting deliverables required by this Contract,
including but not limited to all specifications and requirements in the Statement of Work.

C.3.3 “Agency” means any department, commission, council, board, office, bureau, committee,
institution, agency, government, corporation, or other establishments of the executive branch
of the District authorized to participate in any contract resulting from this solicitation.

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C.3.4 “Artifact” means a document used in conjunction with the CMS certification outcomes,
demonstrating that required functionality is present and operating as desired.

C.3.5 “Auditing” means a planned and documented activity performed by qualified personnel to
determine by investigation, examination, or evaluation of objective evidence, the adequacy
and compliance with established procedures, applicable documents, and the effectiveness of
implementation.

C.3.6 “Authorization” means an Official approval for action taken for, or on behalf of, a Medicaid
client. This approval is only valid if the client is eligible on the date(s) of service for the
applicable claim.

C.3.7 “Authorized Representative” means a person representing a party to this Contract who is
authorized to make commitments and decisions on behalf of the party regarding the
performance of this Contract. The Bidder’s Authorized Representative is Bidder’s designated
Project Manager.

C.3.8 “BENDEX” means Beneficiary Data Exchange; A file containing data from CMS regarding
persons receiving benefits from the Social Security Administration.

C.3.9 “Business Days” means Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time,
excluding District of Columbia government holidays and business closure days. The Bidder is
required to provide services when the District is open.

C.3.10 “CA” stands for Contract Administrator.

C.3.11 “Capitation” means A payment arrangement for health care service providers, such as
managed care entities. It pays an entity a set amount for each enrolled person assigned to
them, per period of time, whether or not that person seeks care.

C.3.12 “CFR” stands for Code of Federal Regulations.

C.3.13 “CMS” stands for Centers for Medicare and Medicaid Services.

C.3.14 “CMS Certification” means Federal MMIS certification is the procedure by which CMS
validates that State Medicaid systems are designed to support the efficient and effective
management of the program and satisfy the requirements outlined in Part 11 of the State
Medicaid Manual, as well as subsequent laws, regulations, directives, and State Medicaid
Director letters.

C.3.15 “CMS Enhanced Funding Requirements: Seven Conditions and Standards (aka Enhanced
Funding Requirements: Seven Standards and Conditions)” means Under sections
1903(a)(3)(A)(I) and 1903(a)(3)(B) of the Social Security Act, the Centers for Medicare &
Medicaid Services issued new standards and conditions that must be met by the states for
Medicaid technology investments (including traditional claims processing systems, as well as
eligibility systems) to be eligible for the enhanced match funding.

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C.3.16 “CO” stands for Contracting Officer.

C.3.17 “Confidentiality” means all reports, files, information, data, tapes and other documents
provided to and prepared, developed, or assembled by the Contractor shall be kept.

C.3.18 “Contract” means all terms and conditions herein and all Attachments to the Contract listed in
Section J.

C.3.19 "Corrective Action Plan – A report, classification, and analysis of [potential or actual] failures
and planning of corrective actions in response to those failures.

C.3.20 “COTS” stands for Commercial Off The Shelf.

C.3.21 “CSSS”- Core Systems and Supporting Services.

C.3.22 “Bidder” and “Contractor” are used interchangeably and apply to the IFB or Contract
according to the context of their use.

C.3.23 “Day” or “Days” include Saturdays, Sundays, and holidays unless specified for individual
requirements herein to be business days.

C.3.24 “Deliverables” means all services, documentation, and other work product the Bidder is
required to deliver to the District under the Contract.

C.3.25 “Delivery Schedule” means that the attribute of the Project Work Plan sets forth the
completion date of each milestone and the delivery date for each deliverable.

C.3.26 “DDI” is a contract phase that encompasses the Design, Development, and Implementation of
a computer system and supporting services to support the functionality prescribed or the
operational phase of the Contract.

C.3.27 “DHCF” means the District’s Department of Health Care Finance.

C.3.28 “District” means the District of Columbia.

C.3.29 “Documentation” means all documents, including documents that are deliverables described
in the Statement of Work and includes all operator’s and user’s manuals, training materials,
guides, commentary, listings, requirements traceability matrices, and other materials that are
to be delivered by Bidder under this Contract.

C.3.30 “DSLBD” stands for Department of Small and Local Business Development.

C.3.31 “DSS” stands for Decision Support System.

C.3.32 “DW” stands for Data Warehouse.

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C.3.33 “Fiscal Agent” stands for the contracted vendor responsible for processing and payment of
associated claims.

C.3.34 “FFP” stands for Federal Funds Participation.

C.3.35 “HCOA” stands for Health Care Operations Administration.

C.3.36 “HHS” stands for the United States Department of Health and Human Services.

C.3.37 “HIPAA” stands for the federal Health Information Privacy and Accountability Act - an Act
signed into law on August 21, 1996. HIPAA requires that all protected patient information be
safeguarded in specific ways to prevent accidental or purposeful disclosure, loss, or misuse.

C.3.38 “Issue Tracking” stands for a list of issues to update or resolve common problems.

C.3.39 “JAD” stands for Joint Application Design.

C.3.40 “JAR” stands for Joint Application Requirements.

C.3.41 “Managerial” means an objective assessment to include the level of independence to select the
segments of the solution to analyze and test, choose the appropriate technique, define the
schedule of activities, and select specific issues to act upon independent of those performing
the processes.

C.3.42 “MECT” stands for Medicaid Enterprise Certification Toolkit. This has been replaced by the
Streamlined Modular Certification process.

C.3.43 “MITA” stands for Medicaid Information Technology Architecture - an initiative of the
Center for Medicaid and Chip Services (CMCS) intended to foster integrated business and IT
transformation across the Medicaid enterprise to improve the administration of the Medicaid
program.

C.3.44 “MMIS” stands for Medicaid Management Information System and means the District’s
integrated group of procedures and computer processing operations designed to adjudicate
Medicaid claims and process encounter data for the Medicaid program.

C.3.45 “Milestone” means a specific group of tasks or deliverables identified as milestones in the
Project Work Plan.

C.3.46 “NIST” stands for National Institute of Standards & Technology.

C.3.47 “OCP” stands for Office of Contracting and Procurement within the District.

C.3.48 “PA” stands for Prior Authorization.

C.3.49 “PDMS” stands for Provider Data Management System and Services, encompassing both
System (Technical) and Services (Operational) functions.
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C.3.50 “PMBOK” stands for Project Management Book of Knowledge.

C.3.51 “POA&M” stands for Plan of Action and Milestones.

C.3.52 “PPACA” means Affordable Care Act; A shortened reference to the Patient Protection and
Affordable Care Act, Pub. L. No. 111-148. The Patient Protection and Affordable Care Act,
Pub. L. No. 111-148, enacted March 23, 2010, and the Health Care and Education
Reconciliation Act of 2010, enacted March 30, 2010.

C.3.53 “Project Locations” means the locations of the vendors that provide MMIS Enterprise
modules.

C.3.54 “Project Manager,” unless otherwise specified, means Bidder’s representative manages the
processes and coordinates the services with the DHCF’s Authorized Representative to ensure
delivery of the deliverables and completion of milestones.

C.3.55 “Proposal” means Bidder’s bid in response to the IFB.

C.3.56 “Quality Assurance” means administrative and procedural activities to fulfill requirements
and goals and avoid mistakes or defects.

C.3.57 “Quality Control” means a review of all factors involved in producing output quality.

C.3.58 “RTM” stands for Requirements Traceability Matrix.

C.3.59 “SBE” stands for Small Business Enterprise certified by the DSLBD.

C.3.60 “Schedule of Deliverables” means that attribute of the Statement of Work that describes each
task and deliverable, measurable attributes of each deliverable and milestone with
identification of the activities of the service associated with them, and completion date for
each milestone and deliverable.

C.3.61 “SOW” stands for Statement of Work; it means the Contract, the document that describes the
services to be provided by the Bidder, including the tasks, deliverables, and milestones, the
measurable attributes of each deliverable, identification of the deliverables and services that
are associated with each task, and completion date for each milestone and deliverable, the
Payment schedule for each deliverable and milestone, and any other items as agreed by the
parties including amendments.

C.3.62 “Task” means a segment of the services to be provided by Bidder under the Contract.

C.3.63 “Technical” means an objective assessment to include the level of independence to assess
development processes and products independent of individuals performing the development.

C.3.64 “TPL” stands for “Third Party Liability.”

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C.3.65 “Validation” stands for establishing documented evidence that provides a high degree of
assurance that a product, service, or system accomplishes its intended requirements and
validates that the product being developed does what the user is expecting to do.

C.3.66 “Verification” stands for a quality control technique used to evaluate the system or its
components to determine whether or not the project’s products satisfy defined requirements.

C.4 BACKGROUND
This section of the IFB provides an orientation to the District structure, existing contract, and
current technologies. It is not intended to be a complete and exhaustive description.

C.4.1 Department of Health Care Finance

C.4.1.1 DHCF serves as the District Medicaid Single State Agency, defined by CFR Title 45 Section
205.100 (42 CFR 431.10). The District's Medicaid program provides health care coverage to
over 205,000 residents with low incomes. DHCF is responsible for determining the eligibility
policy and criteria, service coverage, and payment policies for the District's Medicaid and
State Children's Health Insurance Program. For ensuring the District's health care programs
maximize federal funding to finance healthcare services for the indigent. For developing
effective methods for managing the utilization of health care services and the cost of care in
the District programs; and analyzing existing health care financing policies to ensure that they
promise efficient, effective, and economic provisions of care. In FY 2021, the DHCF
approved budget was $3.334 billion (combined local and federal) to provide health care
services for Medicaid beneficiaries. The federal government pays 70 percent of the cost of the
Medicaid program in the District. DHCF's additional responsibilities include contracting for
components of primary administrative functions such as information and billing systems,
managed care enrollment facilitation and utilization review, and quality assurance to
companies specializing in these areas.

C.4.1.2 DHCF is a Covered Entity under the Health Insurance Portability and Accountability Act of
1996 (HIPAA) (United States Code [U.S.C.] Title 42 Section 1320d-1320d-842 [U.S.C.
1320d-1320d-8]) and its implementing regulations.

C.4.1.3 Within DHCF, HCOA oversees the MMIS Enterprise modules contracts. HCOA consists of
contract managers, project managers, system business analysts, and operations analysts who
monitor system performance, gather requirements for System and operation changes, and
bridge communications between the Department's policy/program staff and the Bidder's
technical and operational staff.

C.4.2 Federal Funds Participation

C.4.2.1 Title XIX of the Social Security Act Section 1903(a), (b), (d) allows States to receive 90
percent Federal Financial Participation (FFP) for all expenditures attributable to the design,
development, and installation of mechanized claims processing and information retrieval
systems. The legislation also allows States to claim 75 percent FFP for the operation of such
systems.

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C.4.2.2 FFP is determined mainly if the system has been certified by CMS under the Department of
Health and Human Services (HHS). The District's MMIS has achieved certification, and
maintaining certification remains an absolute priority of the District. Therefore, the MMIS
Core System and Supporting Services solution supplied under this contract, as required
herein, shall be certified.

C.4.3 Current MMIS Contract

C.4.3.1 Under its last MMIS procurement in June 2007, the District of Columbia opted for a base
Contract of seven (7) years – 2 years for design, development, and implementation (DDI) and
five (5) years of Operations. The existing MMIS contract was awarded to Xerox State
Healthcare, LLC (formerly Affiliated Computer Services) in September 2007, and the MMIS
became operational in December 2009. To accommodate the anticipated timelines provided
under this IFB, CMS approved the current Fiscal Agent contract extension through September
30, 2024.

C.4.3.2 Conduent LLC (formerly Xerox State Healthcare, LLC) has been administrating the District's
MMIS and Fiscal Agent services since July 2002. In July 2002, the District's MMIS was
Xerox's Legacy MMIS platform. Conduent's Omnicaid platform became operational in
December 2009 and was certified by CMS in December 2010. Before implementing the
Omnicaid platform, the District utilized Xerox's Legacy MMIS from July 2002 to December
2009.

C.4.4 Current MMIS Environment & MMIS Enterprise

C.4.4.1 The current DHCF MMIS modular environment consists of several standalone technology
components primarily responsible for processing the District's claims. In addition to the
traditional, monolithic MMIS platform, the major subsystems are the MMIS web portal,
electronic data management system (EDMS), Cognos datamart, MMIS EDI gateway, Reports
Online, and the automated processing of paper claims. Below is a brief description of each of
the components mentioned above:
(1) MMIS web portal – secure and non-secure website that provides District agency staff,
District agency partners, District Medicaid providers, and District Medicaid
beneficiaries the ability to carry out some of the MMIS functions via the web (e.g.,
submit a prior authorization request, claim status check, determine eligibility status for
a beneficiary).
(2) EDMS – serves as a document repository for all mail correspondence that is submitted
to the fiscal agent.
(3) Cognos datamart – serves as a platform that can be used for the District's federal
reporting for the Medicaid program; contains a rolling 24 months of Medicaid claims
and claims-related data.
(4) MMIS EDI Gateway – this gateway sends and accepts HIPAA-compliant EDI
transactions from the District's Medicaid providers.
(5) Reports Online – a web-based repository that contains all of the reports generated by
the existing MMIS.
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(6) RRI – Conduent-provided solution for scanning Medicaid claims submitted on paper
using optical character recognition.

C.4.4.2 In addition to the MMIS platform, the MMIS enterprise contains several other platforms and
capabilities. These capabilities serve as the platform upon which the District will continue to
build as the District transitions from a monolithic MMIS enterprise to one that is more
modular. The new MMIS Core System and Supporting Services procurement will serve as the
final component of the District's modular MMIS enterprise. Below (C.4.4.2.1 through
C.4.4.2.9) is a listing of the other features and capabilities that currently comprise the MMIS
Enterprise.

C.4.4.2.1 Pharmacy Benefit Management System (PBMS) – processes the District's Medicaid pharmacy
claims for the District's fee-for-service Medicaid beneficiaries. The new PBMS became
operational on December 20, 2015.

C.4.4.2.2 DC Access System - the District's health benefit exchange platform that was implemented in
response to the Patient Protection Affordable Care Act (PPACA). This capability serves as the
District's central platform for eligibility determination and enrollment for all the District's
social services programs – both federal and local.

C.4.4.2.3 Automated Client Eligibility Determination System - the District's legacy eligibility
determination and enrollment system for all the District's social service programs – both
federal and local. The MMIS currently receives a daily Medicaid beneficiary
eligibility/enrollment file which is used to update the eligibility and enrollment data of the
Medicaid beneficiaries.

C.4.4.2.4 Medicaid Data Warehouse - serves as a central query and reporting tool for the District's
Medicaid agency. The District began building its own SAS/Oracle Medicaid data warehouse
in December 2013 and completed it in FY2018. The data warehouse interfaces with the
existing MMIS and receives weekly update files for data such as claims, providers, and
beneficiaries.

C.4.4.2.5 Transportation Broker - The transportation broker serves as a conduit for District Medicaid
fee-for-service beneficiaries needing transportation services and the transportation service
providers. The transportation broker receives capitation payments each month for those fee-
for-service beneficiaries present on the monthly enrollment file.

C.4.4.2.6 Provider Data Management System (PDMS) - The Provider Data Management System is a
part of the District's effort to modularize its Medicaid enterprise. The PDMS vendor is
responsible for all the historical provider enrollment / disenrollment functions and those new
functions required by the Affordable Care Act. The PDMS became operational in October
2016 and interfaces with the MMIS, supplying provider eligibility and enrollment and
provider demographic information. DHCF obtained certification of the PDMS in FY2017.

C.4.4.2.7 The District's CCMS - is a case management platform for DHCF Medicaid beneficiaries that
require long-term care services. The system became operational in July 2018 and received
CMS certification in January 2020.
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C.4.4.2.8 Enrollment Broker - The Enrollment Broker administers the mandatory managed care
enrollment process and provides related services for Medicaid beneficiaries, Children's Health
Insurance Program (CHIP), and Alliance eligible individuals required to enroll in the District
of Columbia Healthy Families Program. The Enrollment Broker is an independent Contractor
that is free from conflict of interest (not affiliated with any of the District's Managed Care
Organization plans or other health care providers in the District of Columbia) to provide each
beneficiary with information about each health plan and assist them in selecting a health plan
that will meet their family and individual health needs.

C.4.4.2.9 Third Party Liability (TPL) - The District's TPL program is responsible for pursuing the
recovery of funds for claims paid by DHCF, which DHCF believes are the primary
responsibility of a third party. The District seeks TPL recoveries in the following areas:
Casualty, Health Insurance, Absent Parent, Estates, and Third-Party Cost Avoidance. The
District is contracted with a TPL vendor to supplement identification and recoveries from
liable third parties.

C.4.5 District MMIS Enterprise Modules

In 2021, the District completed its MITA State Self-Assessment (SS-A) (Attachment J.14).
Before the SS-A, the District's Medicaid enterprise consisted of a traditional MMIS service
offering and separate PBMS and eligibility and enrollment platforms. The resulting SS-A
roadmap depicted a plan to modularize the MMIS Enterprise further. The District's MMIS
modularity plan called for a Medicaid data warehouse, a CCMS, implementation of the EDI
278 transaction in support of prior authorizations, PDMS, and a new MMIS core system
containing all MMIS subsystems that direct impact or result from claims payment.

Figures 1 and 2 are the As-Is and To-Be diagram for the District’s Medicaid Enterprise.
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Figure 1: As-Is Diagram for the District’s Medicaid Enterprise

Figure 2: To-Be Diagram for the District’s Medicaid Enterprise

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C.5 REQUIREMENTS

C.5.1 MMIS ENTERPRISE MODULES REQUIREMENTS

C.5.1.1 Project Start-up
The resulting IV&V contract will be for the MMIS Enterprise Modules, including the
CCMS, PDMS, Medicaid data warehouse, and MMIS Core System and Supporting
Services solution.

The Contractor shall:

C.5.1.1.1 Develop IV&V/Quality Assurance Project Plans (i.e., the workplan) that align with the
activities and schedule outlined in the District MMIS Enterprise Modules Project
Management Plans (PMPs), which the Contractor shall obtain from the District after the
Effective Contract Date. The Contractor shall produce and deliver a draft Quality
Assurance Project Plan (should have a POA&M outlined) within two weeks of the post-
kick-off meeting, and the final plan within one month of the kick-off meeting. The PMPs
shall include, at a minimum, a proposed, detailed schedule for the current week, including,
but not limited to, a schedule for verification activities, a proposed action plan for the
current period, an up-to-date schedule for the entire Project, a Work Breakdown Structure
(WBS) chart, and a report of the Contractor’s progress for the following: administration
tasks, verification activities, and validation activities; and the quality assurance/ quality
control activities.

C.5.1.1.2 The Contractor shall update the Quality Assurance Project Plan/Status Report weekly for
each District MMIS Enterprise Modules (should have a POA&M). The Contractor’s
updates shall be aligned with updates made to the PMPs and ensure that the plan reflects
all changes related to IV&V requirements.

C.5.1.1.3 For each District MMIS Enterprise Modules, the Contractor shall review and recommend
improvements to the DDI vendor’s proposed deliverable plans and templates to include
the following:
a. Project Work Plan (and updates);
b. Documentation standards and templates;
c. Communication Management Plan (template);
d. Quality Assurance Plan;
e. Training Plan Strategy;
f. Data Validation Strategy;
g. Data Conversion Plan (draft);
h. Risk/Issue Management Plan and Tool;
i. Requirements Management Plan and Tool;
j. System Architectural Design Diagram (draft);
k. Change Management Plan; and
l. Knowledge Transfer/Training Plan and Schedule.

C.5.1.2 Ongoing Project Activities
For each of the District MMIS Enterprise Modules, the Contractor shall:
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C.5.1.2.1 Ensure that verification provides periodic, independent review of the following, at a
minimum: the project is implemented as planned; the plans are in place and monitored for
conformity with the approved methodology; and that reports submitted by each of the
District MMIS Enterprise Modules DDI contractors are free of misstatements. During
verification, the project’s processes shall be reviewed and examined by members of the
IV&V team to prevent omissions, spot problems, and ensure the product is developed
correctly. The data provided by the Contractor shall sufficiently support evidence of
compliance, accuracy, and quality of evidence.

C.5.1.2.2 Assess and report on the degree to which the District and DDI vendors share a common
understanding of the details of all project requirements, milestones, and deliverables.

C.5.1.2.3 Assess and report on the strengths and weaknesses of internal and external
communications and make recommendations for improvement. This report includes the
District’s and DDI vendor’s respective internal communications, communications between
the District, DDI, and IV&V Contractors within the project, and communications between
the project, project sponsors, and external stakeholders.

C.5.1.2.4 Verify the feasibility of current and proposed schedules on an ongoing basis.

C.5.1.2.5 Assess and report on the District’s and DDI vendor’s processes and capabilities with Issue
Tracking and resolution. The Contractor shall monitor these processes and capabilities
throughout the project duration.

C.5.1.2.6 Assess and report to what extent system requirements gathering and verification processes
are complete, thorough, properly organized, and include a proven traceability process.

C.5.1.2.7 Participate in, assess, and report on joint application requirement (JAR) and design (JAD)
sessions and confirm the system functionality described in the draft and final design
documents comply with IFB requirements or documented modified requirements. Review
and report to the project team incidents of perceived scope change during requirements
verification weekly.

C.5.1.2.8 Assess and report whether all requirements have sufficient test scenarios to validate
system functionality.

C.5.1.2.9 Confirm that both data conversion test results and system functionality are documented.

C.5.1.2.10 Review and make recommendations on the technical aspects of the District MMIS
Enterprise Modules projects to ensure the solution is delivered correctly to the District.

C.5.1.2.11 Review for accuracy and completeness the plans, products, and deliverables of the District
MMIS Enterprise Modules projects by inspecting, auditing, obtaining opinions from
operators and users, performing tests of the solution’s products and processes, and
providing independent integration testing. Reviews shall include but are not limited to the
operational environment, hardware, software, interfacing applications, documentation,
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policies, processes, procedures, and process products. Assessments shall include but are
not limited to infrastructure readiness, adequacy of system support processes, data
conversion, disaster recovery, and the plan to transition to the new solution.

C.5.1.2.12 Review the District MMIS Enterprise Modules projects change management and
configuration management processes for updates or modifications.

C.5.1.2.13 Categorize updates and modifications in its action plans and corrective action plans into
minor and major categories and include a prioritization of the levels of risk to prevent the
risk of failure, significant delay, or significant cost overrun.

C.5.1.2.14 Produce and deliver a draft Project Assessment Report (should have a POA&M outlined)
within 45 business days post-kick-off meeting covering the areas referenced in section
C.5.1.2, and report updates as per the project schedule.

C.5.1.3 Risk Management

C.5.1.3.1 The Contractor shall provide an ongoing risk management assessment. The Contractor
shall develop a draft risk management plan (should have a POA&M outlined) within two
weeks of the kick-off meeting, and a final plan one month of the kick-off meeting.

C.5.1.3.2 In conjunction with the District, the Contractor shall outline potential risks, preventive
actions, forewarnings, and mitigation strategies. The Contractor shall help address risk
mitigation by continually assessing project risks and assisting in the evaluation of any
mitigation efforts.

C.5.1.3.3 The Contractor shall determine the need for risk management investigations, audits, and
interviews and provide an expert opinion to the stakeholders to proceed as planned or
recommend how to deal with serious system development issues.

C.5.1.4 Quality Assurance / Quality Control
For each of the District MMIS Enterprise Modules, the Contractor shall:

C.5.1.4.1 Provide quality assurance to evaluate the correctness and quality of the District MMIS
Enterprise Modules projects or the District MMIS Enterprise Modules development
processes.

C.5.1.4.2 Provide a quality control process for the Contractor’s verification and validation processes
to prevent omissions, detect problems, and ensure correctness. The Contractor’s quality
control process shall include, but not be limited to, the following: IV&V Contractor
reviews, stakeholder and user reviews; inspections and audits; walkthroughs; and
debriefings. The Contractor’s activities shall provide the stakeholders with a high level of
confidence that all MMIS Core System and Supporting Services solution deliverables
meet the requirements in the new MMIS Core System and Supporting Services solution
contract, and all MMIS Core System and Supporting Services solution deliverables
successfully passed all testing, and no findings remain open.

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C.5.1.4.3 Develop and employ performance metrics that allow the tracking of MMIS Core System
and Supporting Services project completion against MMIS Core System and Supporting
Services project milestones.

C.5.1.4.4 Assist the District in the development of use cases.

C.5.1.4.5 Evaluate and periodically test and report on the adequacy of version control
(documentation and software).

C.5.1.4.6 Verify data conversion results by independent means.

C.5.1.4.7 Verify system security adequacy.

C.5.1.4.8 Verify DDI vendor is following agreed-upon proven development processes.

C.5.1.4.9 Verify that the DDI vendor performs adequate system testing and provides a
comprehensive report.

C.5.1.4.10 Verify that the DDI vendor performs adequate integration testing and provides a
comprehensive report.

C.5.1.4.11 Analyze integration, system, stress, and performance testing results. The Contractor shall
also measure compliance with documented requirements and provide status reports stating
test results and compliance.

C.5.1.4.12 Evaluate user test results and provide system functionality validation.

C.5.1.4.13 Provide an independent assessment of the MITA Maturity Levels of the MMIS Enterprise
Modules and report whether the system includes any components with lower MITA
Maturity levels than exist in the current MMIS Enterprise.

C.5.1.4.14 Provide an independent assessment that the MMIS Enterprise Modules satisfy the CMS
Seven Standards and Conditions requirements.

C.5.1.4.15 Evaluate and report on the DHCF staff training development needed in support of system
replacement, policy updates, processes, and procedures.

C.5.1.4.16 Provide an independent assessment of MMIS Enterprise Modules and District
implementation readiness to the project’s steering committee and executive sponsor.

C.5.1.4.17 Support the CMS certification processes by:
C.5.1.4.17.1 Identifying and verifying information required by CMS is gathered and properly
organized;
C.5.1.4.17.2 Evaluating risk and providing mitigation strategies to the District for high-risk areas;
C.5.1.4.17.3 Reviewing mitigation strategies in the high-risk areas; and
C.5.1.4.17.4 Verifying the DDI vendor is prepared for its role in certification activities.

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C.5.1.4.18 Provide a Quality Assurance Oversight Report on the third business day at the beginning
of each quarter to the project sponsor and District CA, updating project performance,
project risks, and other pertinent areas of verification and validation. The report shall
include the following sections:

C.5.1.4.18.1 Project Governance: an assessment of the involvement and participation of the District’s
Executive Steering Committee and Project Sponsor at DHCF;

C.5.1.4.18.2 Project Management: an assessment of the District’s Project Management plans. The
report of the State’s Project Management activities shall include, but not be limited to, a
review and analysis of the following:
a. Issue and Risk Management;
b. Requirements Management;
c. Scope and Change Controls;
d. Schedule Management;
e. Project Team Management;
f. Communications Management;
g. MMIS Core System and Supporting Services Solution Contractor Management;
h. Integration Management;
i. Security and Privacy Policies, Procedures, and Controls; and
j. Compliance with State Medicaid Manual Requirements for MMIS Projects.

C.5.1.4.18.3 User and Stakeholder Involvement: an assessment of the users’ and stakeholders’
involvement and participation in requirements validation, design review and acceptance,
test case review, user acceptance testing, and user training.

C.5.2 CMS IV&V REQUIREMENTS

C.5.2.1 The Contractor shall provide IV&V services for CMS and the District of Columbia in
support of the Streamlined Modular Certification process, following the guidance found in
the Streamlined Modular Certification for Medicaid Enterprise Systems guidance
document. (Attachment J.15).

C.5.2.2 Certification Progress Reports

C.5.2.2.1 Monthly, the IV&V Contractor produces a project status that objectively illustrates the
strengths and weaknesses of the project and provide recommendations for correcting any
identified deficiencies. The Contractor shall use the SMC Intake Form and Streamlined
Modular Certification for Medicaid Enterprise Systems guidance document to prepare the
monthly reports. The Contractor shall prepare the reports in advance of MMIS monthly
project status meeting with CMS.

C.5.2.2.2 The IV&V team shall interview and observe the District’s MMIS Enterprise Modules
project management staff and the District’s MMIS Enterprise Modules project
development contractor staff (including any sub-contractors). IV&V team shall observe
project meetings and activities to understand the processes, procedures, and tools used in
the MMIS program and various MMIS Enterprise modules project environments. They
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will review and analyze all applicable and available documentation for adherence to
accepted industry standards.

C.5.2.2.3 In preparation for the new core MMIS operational readiness review and certification
review the IV&V Contractor shall evaluate the District’s project documents and evidence
applicable to that review based on the outcomes captured in the Streamlined Modular
Certification Intake Form.

C.5.2.2.4 The Contractor shall provide the certification progress reports for the operational readiness
review and certification review to the District.

C.5.2.3 Dashboard Reporting
The IV&V Contractor will periodically submit project progress data to the CMS
dashboard.

C.5.2.4 Oversight

C.5.2.4.1 IV&V services will be part of the more extensive oversight of the day-to-day operations
and management of the MMIS Enterprise modules projects. To ensure a high level of
integrity and confidence in the IV&V Contractor’s supervision and monitoring, the
District requires the IV&V Contractor have complete access to MMIS Enterprise modules
project documents, facilities, and staff during normal business hours to carry out its
oversight role. The IV&V Contractor shall have access to all key staff onsite at the MMIS
Enterprise modules project location(s) daily to observe meetings, review deliverables and
documentation, conduct interviews, etc.

C.5.2.4.2 The IV&V Contractor shall review the project and MMIS Enterprise modules system
processes and progress in areas including, but not limited to, the following:
C.5.2.4.2.1 Project management;
C.5.2.4.2.2 Progress against budget and schedule;
C.5.2.4.2.3 Risk management;
C.5.2.4.2.4 Inclusion of state goals/objectives and all federal MMIS requirements in IFB and contract
C.5.2.4.2.5 Adherence to the state’s software development lifecycle;
C.5.2.4.2.6 Incorporation of the standards and conditions for Medicaid IT into design and
development;
C.5.2.4.2.7 Reasonability, thoroughness, and quality of MITA self-assessment, the concept of
operations, information architecture, and data architecture;
C.5.2.4.2.8 Reflection of the state’s MITA goals and plans into actual MMIS design and development;
C.5.2.4.2.9 Configuration management that is robust and includes state or developer configuration
audits against configuration baseline;
C.5.2.4.2.10 Change management;
C.5.2.4.2.11 Adherence to service level agreements;
C.5.2.4.2.12 Modular development;
C.5.2.4.2.13 Completeness and reasonability of MMIS concept of operations, architecture, and designs;
C.5.2.4.2.14 Accuracy of the capture of interfaces and data sharing requirements with systems external
to the MMIS;
C.5.2.4.2.15 Viability and completeness of the data transition plan;
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C.5.2.4.2.16 Traceability of requirements through design, development, and testing;
C.5.2.4.2.17 Adequacy of system security and privacy policies, plans, technical designs, and
implementations;
C.5.2.4.2.18 Coverage and integrity of all system testing, including stress testing and testing of
interfaces between modules and with external partner systems;
C.5.2.4.2.19 Capacity management, including consideration of future vendors’ support and release
plans for underlying databases, software, and hardware; and
C.5.2.4.2.20 Adequacy of disaster recovery planning.

C.5.2.4.3 The IV&V Contractor shall evaluate and make recommendations about the District’s
Artifact required for MMIS certification milestone reviews.

C.5.3 KEY PERSONNEL REQUIREMENTS

C.5.3.1 Roles and Responsibilities of the Key Personnel:

C.5.3.1.1 Project Manager

C.5.3.1.1.1 The Project Manager shall serve as the primary point of contact to maintain
communication with DHCF's MMIS Contract Administrator and Agency Management for
activities related to the design, development, implementation, and certification of all
District’s Medicaid Enterprise modules (e.g. MMIS, CCMS, PBM, PDMS, etc.). The
Project Manager shall participate in the design, development, implementation, and
certification meetings along with District staff and provide input and feedback as
necessary. The Project Manager shall participate in the review of key project deliverables
such as the project plan, requirements specification document, functional specification
document, data conversion plan, test plan, and project certification documents. The Project
Manager shall participate in the testing phase of the DDI effort by executing District or
vendor provided test cases and provide feedback as necessary. The Project Manager shall
assist the District with developing the monthly CMS status report in accordance with the
CMS SMC documents for projects currently in the design, development, implementation,
or certification stages,

C.5.3.1.2 Senior MMIS Consultant

C.5.3.1.2.1 The Senior MMIS Consultant shall serve as the backup for the Project Manager.
Additionally, the Senior MMIS consultant shall participate in the design, development,
implementation, and certification meetings along with District staff and provide input and
feedback as necessary. The Senior MMIS consultant shall participate in the review of key
project deliverables such as the project plan, requirements specification document,
functional specification document, data conversion plan, test plan, and project certification
documents. The Senior MMIS consultant shall participate in the testing phase of the DDI
effort by executing District or vendor provided test cases and provide feedback as
necessary. The Senior MMIS consultant shall assist the District with developing the
monthly CMS status report in accordance with the CMS SMC documents for projects
currently in the design, development, implementation, or certification stages.

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C.5.3.1.3 Senior Business Analyst

C.5.3.1.3.1 The Senior Business Analyst shall participate in the DDI, and certification meetings along
with District staff and provide input and feedback as necessary. The Senior Business
Analyst shall participate in the review of key project deliverables such as the project plan,
requirements specification document, functional specification document, data conversion
plan, test plan, and project certification documents. The Senior Business Analyst shall
participate in the testing phase of the DDI effort by executing District or vendor provided
test cases and provide feedback as necessary.

C.5.3.2 The Contractor shall provide a statement of agreement that key personnel may not be
removed from the contract work or replaced without compliance following:

C.5.3.2.1 If any key personnel become or are expected to become unavailable for work under this
contract for a continuous period exceeding 30 workdays, the Contractor shall immediately
notify the CO.

C.5.3.2.2 Suppose any key personnel devotes substantially less effort to the work than indicated in
the bid or initially anticipated. In that case, the Contractor shall immediately notify the CO
and shall be subject to the concurrence of the CO. The Contractor shall promptly replace
the essential personnel with personnel equivalent to the ability and qualifications outlined
in C.5.3.2.4.

C.5.3.2.3 The key personnel specified in the contract are essential to the work performed hereunder.
Before diverting any of the specified key personnel, the Contractor shall notify the CO at
least 30 calendar days in advance and submit justification, including proposed
substitutions, in sufficient detail to permit evaluation of the impact upon the contract. The
Contractor shall obtain written approval from the CO for any proposed substitution of key
personnel.

C.5.3.2.4 The District may terminate a contract for default or convenience if the CO determines that
suitable and timely replacement of the key personnel reassigned, terminated, or have
otherwise become unavailable for the contract work is not reasonably forthcoming. Or that
the resultant reduction of productive effort would be so substantial as to impair the
successful completion of the contract or the service order.

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C.5.3.3 The table below describes the minimum qualifications of the following Key Personnel:

Position Title Position Characteristics
Project Manager
• 5+ years of MMIS IV&V project management experience
• 7+ years of MMIS enterprise experience
• 4+ years of MITA experience
• Project Management Professional (PMP) certification
• Bachelors Degree
Senior MMIS
Consultant
• 7+ years of MMIS enterprise experience
• 3+ years of MMIS Project Management experience
• 3+ years of MITA experience
• 3+ years of MMIS enterprise IV&V experience
• Bachelors Degree
Senior Business
Analyst
• 3+ years of MMIS enterprise experience
• 2+ years of MMIS IV&V experience
• 2+ years of MITA experience
• Bachelors Degree

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SECTION D: PACKAGING AND MARKING

D.1 The packaging and marking requirements for this contract shall be governed by clause number
(2), Shipping Instructions-Consignment, of the Government of the District of Columbia's
Standard Contract Provisions for use with Supplies and Services Contracts, dated July 2010.
(Attachment J.1)

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SECTION E: INSPECTION AND ACCEPTANCE

E.1 The inspection and acceptance requirements for this contract shall be governed by clause number
clause number six (6), Inspection of Services of the Government of the District of Columbia's
Standard Contract Provisions for use with Supplies and Services Contracts, dated July 2010.
(Attachment J.1)

E.2 RIGHT TO ENTER PREMISES

The Department of Healthcare Finance or any authorized representative of the District of
Columbia, the U.S. Department of Health and Human Services, the U.S. Comptroller General, the
U.S. Government Accountability Office, or their authorized representatives, shall, at all
reasonable times, have the right to enter the Contractor’s premises or such other places where
duties under the Contract are being performed to inspect, monitor, or otherwise evaluate
(including periodic systems testing) the work being performed. The Contractor and all
subcontractors shall provide reasonable access to all facilities and assistance to the District and
Federal representatives. All inspections and evaluations shall be performed in such a manner as
shall not unduly delay the services.

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SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT

The term of the contract shall be for a period of one (1) year from the date of award.

F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT

F.2.1 The District may extend the term of this contract for a period of four (4) one-year option periods,
or successive fractions thereof, by written notice to the Contractor before the expiration of the
contract; provided that the District will give the Contractor preliminary written notice of its intent
to extend at least thirty (30) days before the contract expires. The preliminary notice does not
commit the District to an extension. The exercise of option years is subject to the availability
of funds at the time of the exercise of the 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 total duration of this contract, including the exercise of any options under this clause, shall
not exceed five (5) 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 CA or designee identified in section G.9.

CLIN Deliverable Format/Method of
Delivery Due Dates
0001 Quality Assurance Project
Plan (C.5.1.1.1) Microsoft Project
Draft: within two weeks of
kick-off meeting
Final: within one month of
kick-off meeting
0001
Quality Assurance Project
Plan Status Report updates
(C.5.1.1.2)
Word Document or
PDF/Electronically Weekly
0001 Project Assessment Report
(C.5.1.2.14)
Word Document or
PDF/Electronically
Draft: within 45 business
days post kick-off meeting
Report updates: As per the
project schedule
0001 Project Risk Management
Plan (C.5.1.3.1)
Word Document or
PDF/Electronically
Draft: within two weeks of
kick-off meeting
Final: within one month of
kick-off meeting
0001 System Testing Report
(C.5.1.4.9, C.5.1.4.11)
Word Document or
PDF/Electronically As per project schedule
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CLIN Deliverable Format/Method of
Delivery Due Dates
0001
Integration Testing Report
(C.5.1.2.11, C.5.1.4.10,
C.5.1.4.11)
Word Document or
PDF/Electronically As per project schedule
0001
Quality Assurance
Oversight Report
(C.5.1.4.18)
Word Document or
PDF/Electronically
3rd business day at the
beginning of each new
quarter
0001 Key Personnel Statement
of Agreement (C.5.2.3)
Word Document or
PDF/Electronically
within 45 business days post
kick-off meeting
0001 CMS Certification Reports
(C.5.3.2)
Word Document or
PDF/Electronically As per project schedule
0001 Progress Report
(C.5.3.2.3)
Word Document or
PDF/Electronically
four (4) weeks before the
scheduled MMIS
certification milestone
review.
0001 CMS Dashboard Reports
(C.5.3.3)
Word Document or
PDF/Electronically As per project schedule

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

G.1 INVOICE PAYMENT

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

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

G.2 INVOICE SUBMITTAL

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

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

G.2.3 To constitute a proper invoice, the Contractor shall enter all required information into the
Portal after selecting the applicable purchase order number which is listed on the Contractor’s
profile.

G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT

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

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

G.4 PAYMENT

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

a) The amount due on the deliveries warrants it; or
b) The Contractor requests it and the amount due on the deliveries is in accordance with
the following payment will be made on completion and acceptance of each item for
which the price is stated in the Schedule in Section B; and
c) Presentation of a properly executed invoice.

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G.5 ASSIGNMENT OF CONTRACT PAYMENTS

G.5.1 In accordance with 27 DCMR 3250, the Contractor may assign to a bank, trust company, or
other financing institution funds due or to become due as a result of the performance of this
contract.

G.5.2 Any assignment shall cover all unpaid amounts payable under this contract and shall not be
made to more than one party.

G.5.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is
required to prepare invoices. Where such an assignment has been made, the original copy of
the invoice must refer to the assignment and must show that payment of the invoice is to be
made directly to the assignee as follows:

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

G.6 THE QUICK PAYMENT ACT

G.6.1 Interest Penalties to Contractors

G.6.1.1 The District will pay interest penalties on amounts due to the Contractor under the Quick
Payment Act, D.C. Official Code § 2-221.01 et seq., as amended, for the period beginning on
the day after the required payment date and ending on the date on which payment of the
amount is made. Interest shall be calculated at the rate of at least 1% per month. No interest
penalty shall be paid if payment for the completed delivery of the item of property or service
is made on or before the required payment date. The required payment date shall be:

G.6.1.1.1 The date on which payment is due under the terms of this contract;
G.6.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of delivery of meat or
meat food products;
G.6.1.1.3 Not later than 10 calendar days, excluding legal holidays, after the date of delivery of a
perishable agricultural commodity; or
G.6.1.1.4 30 calendar days, excluding legal holidays, after receipt of a proper invoice for the amount of
the payment due.

G.6.1.2 No interest penalty shall be due to the Contractor if payment for the completed delivery of
goods or services is made on or before:

G.6.1.2.1 3rd day after the required payment date for meat or a meat product;
G.6.1.2.2 5th day after the required payment date for an agricultural commodity; or
G.6.1.2.3 1 5th day after any other required payment date.

G.6.1.3 Any amount of an interest penalty which remains unpaid at the end of any 30-day period shall
be added to the principal amount of the debt and thereafter interest penalties shall accrue on
the added amount.
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G.6.2 Payments to Subcontractors

G.6.2.1 The Contractor shall take one of the following actions within seven (7) days of receipt of any
amount paid to the Contractor by the District for work performed by any subcontractor under
the contract:

G.6.2.1.1 Pay the subcontractor(s) for the proportionate share of the total payment received from the
District that is attributable to the subcontractor(s) for work performed under the contract; or
G.6.2.1.2 Notify the CO and the subcontractor(s), in writing, of the Contractor’s intention to withhold
all or part of the subcontractor’s payment and state the reason for the nonpayment.

G.6.2.2 The Contractor shall pay subcontractors or suppliers interest penalties on amounts due to the
subcontractor or supplier beginning on the day after the payment is due and ending on the date
on which the payment is made. Interest shall be calculated at the rate of at least 1% per month.
No interest penalty shall be paid on the following if payment for the completed delivery of the
item of property or service is made on or before the:

G.6.2.2.1 3rd day after the required payment date for meat or a meat product;
G.6.2.2.2 5th day after the required payment date for an agricultural commodity; or
G.6.2.2.3 15th day after any other required payment date.

G.6.2.3 Any amount of an interest penalty which remains unpaid by the Contractor at the end of any
30-day period shall be added to the principal amount of the debt to the subcontractor and
thereafter interest penalties shall accrue on the added amount.

G.6.2.4 A dispute between the Contractor and subcontractor relating to the amounts or entitlement of
a subcontractor to a payment or a late payment interest penalty under the Quick Payment Act
does not constitute a dispute to which the District is a party. The District may not be
interpleaded in any judicial or administrative proceeding involving such a dispute.

G.6.3 Subcontract Requirements

G.6.3.1 The Contractor shall include in each subcontract under this contract a provision requiring the
subcontractor to include in its contract with any lower-tier subcontractor or supplier the
payment and interest clauses required under paragraphs (1) and (2) of D.C. Official Code § 2-
221.02(d).

G.6.3.2 The Contractor shall include in each subcontract under this contract a provision that obligates
the Contractor, at the election of the subcontractor, to participate in negotiation or mediation
as an alternative to administrative or judicial resolution of a dispute between them.

G.7 CONTRACTING OFFICER

Contracts will be entered into and signed on behalf of the District only by Contracting
Officers. The contact information for the Contracting Officer is:
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Jarad Dorsey
Health Services Cluster
Office of Contracting and Procurement
441 4th Street, NW, Suite 330 South
Washington, DC 20001
202-478-2436
Jarad.dorsey4@dc.gov

G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

G.8.1 The CO is the only person authorized to approve changes in any of the requirements of this
Contract.

G.8.2 The Contractor shall not comply with any order, directive or request that changes or modifies
the requirements of this Contract, unless issued in writing and signed by the CO.

G.8.3 In the event the Contractor effects any change at the instruction or request of any person other
than the CO, the change will be considered to have been made without authority and no
adjustment will be made in the Contract price to cover any cost increase incurred as a result
thereof.

G.9 CONTRACT ADMINISTRATOR
G.9.1 The CA is responsible for general administration of the Contract and advising the CO as to
the Contractor’s compliance or noncompliance with the Contract. The CA has the
responsibility of ensuring the work conforms to the requirements of the Contract and such
other responsibilities and authorities as may be specified in the Contract. These include:

G.9.1.1 Keeping the CO fully informed of any technical or contractual difficulties encountered during
the performance period and advising the CO of any potential problem areas under the
Contract;

G.9.1.2 Coordinating site entry for Contractor personnel, if applicable;

G.9.1.3 Reviewing invoices for completed work and recommending approval by the CO if the
Contractor’s costs are consistent with the negotiated amounts and progress is satisfactory and
commensurate with the rate of expenditure;

G.9.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and services.
This includes the timely processing of invoices and vouchers in accordance with the District’s
payment provisions; and

G.9.1.5 Maintaining a file that includes all Contract correspondence, modifications, records of
inspections (site, data, equipment) and invoice or vouchers.

G.9.2 The contact information for the Contract Administrator is:
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Donald Shearer, Director HCOA
Heath Care Operations Administration
Department of Health Care Finance
441 4th Street, NW; Suite 900S
Washington, DC 20001
(202) 657-2680 - Office
donald.shearer@dc.gov
G.9.3 The CA shall NOT have the authority to:
1.
Award, agree to, or sign any Contract, delivery order or task order. Only the CO shall
make contractual agreements, commitments, or modifications;
2. Grant deviations from or waive any of the terms and conditions of the Contract;
3. Increase the dollar limit of the Contract or authorize work beyond the dollar limit of
the Contract,
4. Authorize the expenditure of funds by the Contractor;
5. Change the period of performance; or
6. Authorize the use of District property, except as specified under the Contract.
G.9.4 The Contractor will be fully responsible for any changes not authorized in advance, in
writing, by the CO; may be denied compensation or other relief for any additional work
performed that is not so authorized; and may also be required, at no additional cost to the
District, to take all corrective action necessitated by reason of the unauthorized changes.
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SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES

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

H.1.1.1 At least fifty-one (51) percent of apprentices and trainees employed shall be residents of the
District of Columbia registered in programs approved by the District of Columbia
Apprenticeship Council.

H.1.2 The Contractor shall negotiate an Employment Agreement with the Department of
Employment Services (DOES) for jobs created as a result of this contract. The DOES shall be
the Contractor’s first source of referral for qualified apprentices and trainees in the
implementation of employment goals contained in this clause.
H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS

The Contractor shall be bound by the Wage Determination No. 2015-4281, Rev. 30, dated July
22, 2024, issued by the U.S. Department of Labor in accordance with the Service Contract
Act, 41 U.S.C. § 351 et seq., and incorporated herein as Section J.2. The Contractor shall be
bound by the wage rates for the term of the contract subject to revision as stated herein and in
accordance with clause 24 of the SCP. If an option is exercised, the Contractor shall be
bound by the applicable wage rates at the time of the exercise of the option. If the option is
exercised and the CO obtains a revised wage determination, the revised wage determination is
applicable for the option periods and the Contractor may be entitled to an equitable
adjustment.

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

H.3.2 The contractor shall not:

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

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

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(1) Pay;
(2) Accumulated seniority and retirement;
(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

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

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

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

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

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

H.5.1 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
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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.

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

H.6 RESERVED

H.7 RESERVED

H.8 RESERVED

H.9 SUBCONTRACTING REQUIREMENTS

H.9.1 Mandatory Subcontracting Requirements

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

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

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

H.9.1.4 Except as provided in H.9.1.5 and H.9.1.7, a prime contractor that is a CBE and has been
granted a bid preference pursuant to D.C. Official Code § 2-218.43, or is selected through a
set-aside program, shall perform at least 35% of the contracting effort with its own
organization and resources and, if it subcontracts, 35% of the subcontracting effort shall be
with CBEs. A CBE prime contractor that performs less than 35% of the contracting effort
shall be subject to enforcement actions under D.C. Official Code § 2-218.63.

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H.9.1.5 If the prime contractor is a certified joint venture and has been granted a bid preference
pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside program, the
CBE member of the certified joint venture shall perform at least 50% of the contracting effort
with its own organization and resources and, if it subcontracts, 35% of the subcontracting
effort shall be with CBEs. If the CBE member of the certified joint venture prime contractor
performs less than 50% of the contracting effort, the certified joint venture shall be subject to
enforcement actions under D.C. Official Code § 2-218.63.

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

H.9.1.7 A prime contractor that is a CBE and has been granted a bid preference pursuant to D.C.
Official Code § 2-218.43, or is selected through a set-aside program, shall perform at least
50% of the on-site work with its own organization and resources if the contract is $1 million
or less.

H.9.2 Subcontracting Plan

If the prime contractor is required to subcontract under this contract, it shall submit a
subcontracting plan as part of the bid and it may only be amended after award with the prior
written approval of the CO and Director of DSLBD. The plan shall demonstrate at least
35% of the Offeror’s proposed price for the base year only. Small Business Enterprises
(SBEs) or Certified Business Enterprises (CBEs) responding to this solicitation MUST
also complete the Subcontracting Plan form, see Attachment J.8, section 1C.
SBEs/CBEs must attest to completing 100% of the work with its own organization and
resources or attest to subcontracting a portion of the contract with SBEs/CBEs by
completing Attachment J.8 in its entirety. Failure to complete and submit the
Subcontracting Plan form, will disqualify your bid in accordance with Sections B.6 and
H.9.2. Any reduction in the dollar volume of the subcontracted portion resulting from an
amendment of the plan after award shall inure to the benefit of the District. Each
subcontracting plan shall include the following:

(1) The name and address of each subcontractor;
(2) A current certification number of the small or certified business enterprise;
(3) The scope of work to be performed by each subcontractor; and
(4) The price that the prime contractor will pay each subcontractor.

H.9.3 Copies of Subcontracts

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

H.9.4 Subcontracting Plan Compliance Reporting

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

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

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

H.9.5 Annual Meetings

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

H.9.6 Notices

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

H.9.7 Enforcement and Penalties for Breach of Subcontracting Plan

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

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

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

H.10 FAIR CRIMINAL RECORD SCREENING

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

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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.

H.11 DISTRICT RESPONSIBILITIES

The Government of the District of Columbia will provide the following:

H.11.1 Review the District MMIS Enterprise Modules PMPs and approve them before the Contractor
develops IV&V/Quality Assurance Project Plans (i.e., the workplan).

H.11.2 Orientation for the Contractor relative to the terms of the contract and program mandates.

H.11.3 Continuous contract performance evaluations and program monitoring.

H.11.4 Preparing any response or request for additional information or clarification from the
Contractor as it pertains to the Contractor’s compliance or noncompliance within ten business
days of submission of deliverables.

H.11.5 Monitor and evaluate Contractor compliance with the requirements of this contract and
impose sanctions when necessary.

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H.11.6 Conduct a timely review of all materials submitted to the agency by the Contractor as
required.

H.11.7 Maintain adequate liaison and cooperation with the Contractor, including providing timely
management decisions and approvals of forms and procedures to enable the Contractor to
perform contractual duties properly.

H.11.8 Attend required meetings with the Contractor to discuss issues, changes, deliverables’ status,
and specific agenda items proposed by the District or the Contractor. The Contractor shall be
the default chair of the meetings; however, the CA shall retain the option to chair the meetings
as necessary.

H.12 CONTRACTOR RESPONSIBILITIES

H.12.1 IV&V Conflict of Interest

H.12.1.1 Any contractor (and its subcontractors) serving in the role of IV&V service
contractor/provider to the District's Medicaid Enterprise Modules (PDMS, CCMS, PBMS,
EVV, MMIS, MDW) project is prohibited from soliciting, proposing, or being awarded any
project management, quality assurance, software design, development, or another manner of
planning, design, development, or implementation phase activity on the District's Medicaid
Enterprise Modules (PDMS, CCMS, PBMS, EVV, MMIS, MDW) project for IV&V procured
services.

H.12.1.2 This exclusion likewise extends to any other project within the department that may interact
with or otherwise provide services to the District's Medicaid Enterprise Modules (PDMS,
CCMS, PBMS, EVV, MMIS, MDW) project or to the department during the entire term of
this contract. This exclusion is executed per federal regulations 45 CFR 95.626, requiring that
this IV&V effort "... be conducted by an entity that is independent from the State (unless the
State receives an exception from the Department)."

H.12.1.3 For purposes of clarity, CMCS defines "the State" in the above regulatory citation as a state's
IT project, the IV-D agency itself, and the IV-D agency's umbrella agency or department. The
primary purpose of this exclusion is to ensure the IV&V service provider avoids any real or
perceived conflicts of interest. For federal purposes, the scope of IV&V includes planning,
management, and other programmatic activities in conformance with the term's usage in
federal regulations 45 CFR 95.626.

H.12.1.4 IV&V is the set of verification and validation activities performed by an agency not under the
organization's control developing the software. IV&V services must be provided and managed
by an organization that is technically and managerially independent of the subject software
development project. This independence takes two mandatory forms.

H.12.1.5 First, technical independence requires that the IV&V services provider organization, its
personnel, and subcontractors are not and have not been involved in the software development
or implementation effort or the project's initial planning and subsequent design. Technical
independence helps ensure that IV&V review reports are free of personal or professional bias,
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posturing, or gold plating.

H.12.1.6 Second, managerial independence is required to make certain that the IV&V effort provided
by an organization is departmentally and hierarchically separate from the software
development and program management organizations. Managerial independence helps to
ensure the IV&V service provider can deliver findings and recommendations to state and
federal executive leadership and management without restriction, fear of retaliation, or
coercion (e.g., reports being subject to prior review or approval from the development group
before releasing to outside entities, such as the federal government).

H.13 DIVERSION, REASSIGNMENT AND REPLACEMENT OF KEY PERSONNEL

The key personnel specified in section C.5.3.3 are Project Manager, Senior MMIS Consultant
and Senior Business Analyst, and are considered to be essential to the work being performed
hereunder. Prior to diverting any of the specified key personnel for any reason, the Contractor
shall notify the CO at least thirty (30) calendar days in advance and shall submit justification,
including proposed substitutions, in sufficient detail to permit evaluation of the impact upon
the contract. The Contractor shall obtain written approval of the CO for any proposed
substitution of key personnel.

H.14 ADVISORY AND ASSISTANCE SERVICES

This contract is a “nonpersonal services contract”. The Contractor and the Contractor’s
employees: (1) shall perform the services specified herein as independent contractors, not as
employees of the government; (2) shall be responsible for their own management and
administration of the work required and bear sole responsibility for complying with any and
all technical, schedule, financial requirements or constraints attendant to the performance of
this contract; (3) shall be free from supervision or control by any government employee with
respect to the manner or method of performance of the service specified; but (4) shall,
pursuant to the government’s right and obligation to inspect, accept or reject work, comply
with such general direction of the CO, or the duly authorized representative of the CO as is
necessary to ensure accomplishment of the contract objectives.

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SECTION I: CONTRACT CLAUSES

I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS

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

I.2 CONTRACTS THAT CROSS FISCAL YEARS

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

I.3 C ONFIDENTIALITY OF INFORMATION

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

I.4 TIME

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

I.5 RIGHTS IN DATA

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

A. Definitions

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

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

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

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

B. Title to Project Deliverables

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

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

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

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

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

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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.

E. Source Code Escrow

1. For all computer software furnished to the District with the rights specified in
Subparagraph B.2, the Contractor shall furnish to the District, a copy of the source code
with such rights of the scope as specified in Subparagraph B.2 of this Subsection I.5. For
all computer software furnished to the District with the restricted rights specified in
Subparagraph B.1 of this Subsection I.5, 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 Subparagraph B.1 of this Subsection I.5 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.
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I.6 OTHER CONTRACTORS

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

I.7 SUBCONTRACTS

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

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.

OCP should collect, review for accuracy and maintain all warranties for goods and
services.

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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.

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 the 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 $5,000,000 per
occurrence or claim, $5,000,000 aggregate. Coverage shall be sufficiently broad to
respond to the duties and obligations as is undertaken by Contractor in this agreement and
shall include, but not limited to, claims involving infringement of intellectual property,
including but not limited to infringement of copyright, trademark, trade dress, invasion of
privacy violations, information theft, damage to or destruction of electronic information,
release of private information, alteration of electronic information, extortion and network
security. The policy shall provide coverage for breach response costs as well as regulatory
fines and penalties as well as credit monitoring expenses with limits sufficient to respond
to these obligations. Limits may not be shared with other lines of coverage. A copy of the
cyber liability policy must be submitted to the Office of Risk Management (ORM) for
compliance review.

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

6. Professional Liability Insurance (Errors & Omissions) - The Contractor shall provide
Professional Liability Insurance (Errors and Omissions) to cover liability resulting from
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any error or omission in the performance of professional services under this Contract. The
policy shall provide limits of $5,000,000 per claim or per occurrence for each wrongful
act and $5,000,000 annual aggregate. The Contractor warrants that any applicable
retroactive date precedes the date the Contractor first performed any professional services
for the Government of the District of Columbia and that continuous coverage will be
maintained or an extended reporting period will be exercised for a period of at least ten
years after the completion of the professional services. Limits may not be shared with
other lines of coverage.

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) $10,000,000 per occurrence and $10,000,000 in the annual
aggregate, following the form and in excess of all liability policies. All liability coverages
must be scheduled under the umbrella and/or excess policy. The insurance required under
this paragraph shall be written in a form that annually reinstates all required limits.
Coverage shall be primary to any insurance, self-insurance or reinsurance maintained by
the District and the “other insurance” provision must be amended in accordance with this
requirement and principles of vertical exhaustion.

C. PRIMARY AND NONCONTRIBUTORY INSURANCE
The insurance required herein shall be primary to and will not seek contribution from any other
insurance, reinsurance or self-insurance including any deductible or retention, maintained by
the Government of the District of Columbia.

D. DURATION. The Contractor shall carry all required insurance until all contract work is
accepted by the District of Columbia and shall carry listed coverages for ten years for
construction projects following final acceptance of the work performed under this contract
and two years for non-construction related contracts.

E. LIABILITY. These are the required minimum insurance requirements established by the
District of Columbia. However, the required minimum insurance requirements provided
above will not in any way limit the contractor’s liability under this contract.

F. CONTRACTOR’S PROPERTY. Contractor and subcontractors are solely responsible for any
loss or damage to their personal property, including but not limited to tools and equipment,
scaffolding and temporary structures, rented machinery, or owned and leased equipment. A
waiver of subrogation shall apply in favor of the District of Columbia.

G. MEASURE OF PAYMENT. The District shall not make any separate measure or payment
for the cost of insurance and bonds. The Contractor shall include all the costs of insurance
and bonds in the contract price.

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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:
Jarad Dorsey
Office of Contracting and Procurement
441 4th Street, NW, Suite 330 South
Washington, DC 20001
202-478-2436
Jarad.dorsey4@dc.gov

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

J. DISCLOSURE OF INFORMATION. The Contractor agrees that the District may disclose
the name and contact information of its insurers to any third party which presents a claim
against the District for any damages or claims resulting from or arising out of work performed
by the Contractor, its agents, employees, servants or subcontractors in the performance of this
contract.

K. CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in
connection with this contract shall be written by insurance companies with an A.M. Best
Insurance Guide rating of at least A- VII (or the equivalent by any other rating agency) and
licensed in the District.

I.9 EQUAL EMPLOYMENT OPPORTUNITY
In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order 85-
85 dated June 10, 1985, the forms for completion of the Equal Employment Opportunity
Information Report are incorporated herein as Section J.3. An award cannot be made to any
Bidder who has not satisfied the equal employment requirements.
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I.10 ORDER OF PRECEDENCE

The contract awarded because of IFB Doc702784 will contain the following clause:

ORDER OF PRECEDENCE

A conflict in language shall be resolved by giving precedence to the document in the highest
order of priority that contains language addressing the issue in question. The following documents
are incorporated into the contract by reference and made a part of the contract in the following
order of precedence:

(1) An applicable Court Order, if any
(2) Contract document
(3) Supplemental Provisions to the Standard Contract Provisions
(4) Standard Contract Provisions
(5) Contract attachments other than the Standard Contract Provisions
(6) IFB, as amended
(7) Bid

I.11 DISPUTES

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

(1) All claims by a Contractor against the District arising under or relating to a contract
shall be in writing and shall be submitted to the CO for a decision. The Contractor’s
claim shall contain at least the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I.12 CHANGES

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

(a) The CO may, at any time, by written order, and without notice to the surety, if any, make
changes in the contract within the general scope hereof. If such change causes an increase
or decrease in the cost of performance of the contract, or in the time required for
performance, an equitable adjustment shall be made. Any claim for adjustment for a
change within the general scope must be asserted within ten (10) days from the date the
change is ordered; provided, however, that the CO, if he or she determines that the facts
justify such action, may receive, consider and adjust any such claim asserted at any time
prior to the date of final settlement of the contract. If the parties fail to agree upon the
adjustment to be made, the dispute shall be determined as provided in clause 14 Disputes.

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

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

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

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

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

I.13 NON-DISCRIMINATION CLAUSE

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

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19. Non-Discrimination Clause:

(a) The Contractor shall not discriminate in any manner against any employee or applicant for
employment that would constitute a violation of the District of Columbia Human Rights
Act, effective December 13, 1977, as amended (D.C. Law 2-38; D.C. Official Code § 2-
1401.01 et seq.) (“Act”, as used in this clause). The Contractor shall include a similar
clause in all subcontracts, except subcontracts for standard commercial supplies or raw
materials. In addition, the Contractor agrees, and any subcontractor shall agree, to post in
conspicuous places, available to employees and applicants for employment, a notice
setting forth the provisions of this non-discrimination clause as provided in section 251 of
the Act.

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

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

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

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

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

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

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

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

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

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

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

I.14 COST AND PRICING DATA

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

I.15 CONTINUITY OF SERVICES

I.15.1 The Contractor recognizes that the services provided under this contract are vital to the
District and must be continued without interruption and that, upon contract expiration or
termination, a successor, either the District or another contractor, at the District’s option, may
continue to provide these services. To that end, the Contractor agrees to:

I.15.1.1 Furnish phase-out, phase-in (transition) training; and
I.15.1.2 Exercise its best efforts and cooperation to effect an orderly and efficient transition to a
successor.

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I.15.2 The Contractor shall, upon the CO’s written notice:
I.15.2.1 Furnish phase-in, phase-out services for up to 90 days after this contract expires and
I.15.2.2 Negotiate in good faith a plan with a successor to determine the nature and extent of phase-in,
phase-out services required. The plan shall specify a training program and a date for
transferring responsibilities for each division of work described in the plan and shall be
subject to the CO’s approval.

I.15.3 The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out
period to ensure that the services called for by this contract are maintained at the required
level of proficiency.

I.15.4 The Contractor shall allow as many personnel as practicable to remain on the job to help the
successor maintain the continuity and consistency of the services required by this contract.
The Contractor also shall disclose necessary personnel records and allow the successor to
conduct on-site interviews with these employees. If selected employees are agreeable to the
change, the Contractor shall release them at a mutually agreeable date and negotiate transfer
of their earned fringe benefits to the successor.

I.15.5 Only in accordance with a modification issued by the CO, the Contractor shall be reimbursed
for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after
contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to
exceed a pro rata portion of the fee (profit) under this contract.

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SECTION J: ATTACHMENTS

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

Attachment
Number Document
J.1
Government of the District of Columbia Standard Contract Provisions for Use
with the Supplies and Services Contracts (July 2010)
available at http://ocp.dc.gov, Center of Excellence, “Required Solicitation
Documents”
J.2
U.S. Department of Labor Wage Determination 2015-4281
Revision 29, dated April 11, 2024
https://sam.gov/content/wage-determinations
J.3
Equal Employment Opportunity Employer Information Report and Mayor’s
Order 85-85
available at http://ocp.dc.gov, Center of Excellence, “Required Solicitation
Documents”
J.4
Way to Work Amendment Act of 2006 – Living Wage Notice
available at available at http://ocp.dc.gov, Center of Excellence, “Required
Solicitation Documents”
J.5
Way to Work Amendment Act of 2006 – Living Wage Fact Sheet
available at http://ocp.dc.gov, Center of Excellence, “Required Solicitation
Documents”
J.6
Tax Certification Affidavit
available at http://ocp.dc.gov, Center of Excellence, “Required Solicitation
Documents”
J.7
Bidder/Offeror Certification Form
available at http://ocp.dc.gov, Center of Excellence, “Required Solicitation
Documents”
J.8
Subcontracting Plan
available at http://ocp.dc.gov, Center of Excellence, “Required Solicitation
Documents”
J.9
First Source Employment Agreement
available at http://ocp.dc.gov, Center of Excellence, “Required Solicitation
Documents”
J.10
First Source Employment Plan
available at http://ocp.dc.gov, Center of Excellence, “Required Solicitation
Documents”
J.11
Past Performance Evaluation Form
available at http://ocp.dc.gov, Center of Excellence, “Required Solicitation
Documents”
J.12 Certificate of Clean Hands
available at http://mytax.dc.gov
J.13
Business License
available at https://dlcp.dc.gov, DC Department of Licensing and Consumer
Protection
J.14 Department of Health Care Finance MITA State Self-Assessment
dated August 2021
J.15 Streamlined Modular Certification for Medicaid Enterprise Systems guidance
J.16 Public Consulting Group, LLC’s Bid

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SECTION K: REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF BIDDERS

K.1 BIDDER/OFFEROR CERTIFICATION FORM
available at http://ocp.dc.gov, under Quick Links click on “Required Solicitation Documents”

K.2 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE (JULY 1990)

K.2.1 Definitions. As used in this provision:

K.2.1.1 Controlled substance: means a controlled substance in schedules I through V of Section 202
of the Controlled Substances Act (21 U.S.C. § 812) and as further defined in regulation at 21
CFR 1308.11 - 1308.15.

K.2.1.2 Conviction: means a finding of guilt (including a plea of nolo contendere) or imposition of
sentence, or both, by any judicial body charged with the responsibility to determine violations
of the federal or state criminal drug statutes.

K.2.1.3 Criminal drug statute means a Federal or non-Federal criminal statute involving the
manufacture, distribution, dispensing, possession or use of any controlled substance.

K.2.1.4 Drug-free workplace: means the site(s) for the performance of work done by the Contractor
in connection with a specific contract at which employees of the Contractor are prohibited
from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance.

K.2.1.5 Employee: means an employee of a contractor directly engaged in the performance of work
under a District contract. “Directly engaged” is defined to include all direct cost employees
and any other contractor employee who has other than a minimal impact or involvement in
contract performance.

K.2.1.6 Individual: means a bidder/contractor that has no more than one employee including the
bidder/contractor.

K.2.2 The Contractor, if other than an individual, shall within 30 days after award (unless a longer
period is agreed to in writing for contracts of 30 days or more performance duration), or as soon
as possible for contracts of less than 30 days performance duration:

(1) Publish a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the Contractor’s
workplace and specifying the actions that will be taken against employees for violations of
such prohibition;

(2) Establish an ongoing drug-free awareness program to inform such employees about:
a. The dangers of drug abuse in the workplace;
b. The Contractor’s policy of maintaining a drug- free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
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d. The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace.

(3) Provide all employees engaged in performance of the contract with a copy of the statement
required by section K.2.2(1) of this clause;

(4) Notify such employees in writing in the statement required by section K.2.2(1) of this clause
that, as a condition of continued employment on this contract, the employee will:

a. Abide by the terms of the statement; and
b. Notify the employer in writing of the employee’s conviction under a criminal drug statute
for a violation occurring in the workplace no later than 5 days after such conviction.

(5) Notify the CO in writing within 10 days after receiving notice under section K.2.2(4)(b) of
this clause, from an employee or otherwise receiving actual notice of such conviction. The
notice shall include the position title of the employee;

(6) Within 30 days after receiving notice under section K.2.2(4)(b) of this clause of a conviction,
take one of the following actions with respect to any employee who is convicted of a drug
abuse violation occurring in the workplace:

a. Take appropriate personnel action against such employee, up to and including
termination; or
b. Require such employee to satisfactorily participate in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health,
law enforcement, or other appropriate agency; and

(7) Make a good faith effort to maintain a drug-free workplace through implementation of section
K.2.2(1) through K.2.2(6) of this clause.

K.2.3 The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase
order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance while performing this contract.

K.2.4 In addition to other remedies available to the District, the Contractor’s failure to comply with the
requirements of sections K.2.2 or K.2.3 of this clause may render the Contractor subject to
suspension of contract payments, termination of the contract for default, and suspension or
debarment.