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CA26-0095 • 2025

Proposed Contract with Maximus US Services, Inc. to Contract No. CW118651

Proposed Contract with Maximus US Services, Inc. to Contract No. CW118651

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
2025-03-24
Official status
Deemed Approved
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on performance standards, penalties for non-compliance, or future contract award processes.

Proposed Contract for Maximus US Services, Inc. to Manage PDMS

The bill proposes a $3,505,646 contract between the District of Columbia and Maximus US Services, Inc., from January 7, 2025, through January 6, 2026, for managing and maintaining the Provider Data Management System (PDMS).

What This Bill Does

  • Creates a $3,505,646 contract between the District of Columbia and Maximus US Services, Inc. to manage and maintain the PDMS from January 7, 2025, through January 6, 2026.
  • Requires Maximus to provide ongoing operations and maintenance services for PDMS during the specified period.

Who It Names or Affects

  • The District of Columbia government
  • Maximus US Services, Inc.
  • Providers who need to enroll or re-enroll in programs managed by PDMS

Terms To Know

Provider Data Management System (PDMS)
A system that screens providers for eligibility before they can join or continue in a program.
Firm Fixed Price
A type of contract where the price is fixed and cannot change during the term of the agreement.

Limits and Unknowns

  • The bill does not specify what happens if Maximus fails to meet performance standards.
  • It is unclear how future contracts for PDMS management will be awarded after this one ends.

Bill History

  1. 2025-03-24 Council of the District of Columbia LIMS

    Retained by the Council with comments from the Committee on Health

  2. 2025-03-21 Council of the District of Columbia LIMS

    CA26-0095 Introduced by Chairman Mendelson at Office of the Secretary

Official Summary Text

Proposed Contract with Maximus US Services, Inc. to Contract No. CW118651

Current Bill Text

Read the full stored bill text 
MURIEL BOWSER
MAYOR

March 21, 2025

The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004

Dear Chairman Mendelson:

Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1 -
204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code §
2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is
proposed definitive Contract No. CW118651 with Maximus US Services, Inc (Maximus), in the
amount of $3,505,646. The period of performance is January 7, 2025, through January 6, 2026.

Under the proposed contract, Maximus will provide ongoing operations and maintenance to the
Provider Data Management System (PDMS). This system facilitates the proper screening of
providers who are newly enrolling, reenrolling, reactivating, or revalidatin g, ensuring they meet
eligibility requirements before joining or continuing in the program. Additionally, the PDMS
enhances automation and improves interagency communication, enabling timely and appropriate
access to data.

My administration is available to discuss any questions you may have regarding the proposed
contract. In order to facilitate a response to any questions you may have, please have your staff
contact Marc Scott, Chief Operating Officer, Office of Contracting and Procurement, at (202) 724-
8759.

I look forward to the Council’s favorable consideration of this contract.

Sincerely,

Muriel Bowser
1

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement

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

COUNCIL CONTRACT SUMMARY
(Letter Contract)

(A) Contract Number: CW118651

Proposed Contractor: Maximus US Services, Inc. (Maximus)

Proposed Contractor’s Principals: Austin Rahskopf

Contract Amount (Base Year): $3,505,646

Unit and Method of Compensation: Fixed Unit Price

Term of Contract: January 7, 2025 through January 6, 2026

Type of Contract: Firm Fixed Price

Source Selection Method: Exempt from Competition

(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: $3,505,646
(January 7, 2025 through January 6, 2026)

Option Period One Amount: $3,598,902
(January 7, 2026 through January 6, 2027)
Explanation of difference from base period (if applicable): The amount for option period one
exceeds the price for the base period due to the inflationary factors related to the cost of operating
a business using the Consumer Price Index inflation that measures the average change over time in
the prices paid by urban consumers for a market basket of consumer goods and services.

2

(C) The date on which the letter contract or emergency contract was executed:

The letter contract was executed on December 26, 2024.

(D) The number of times the letter contract or emergency contract has been extended:

None.

(E) The value of the goods and services provided to date under the letter contract or emergency
contract, including under each extension of the letter contract or emergency contract:

The letter contract value is $876,411.51.

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

Maximus Contract Name Contract # Description
DC HBE3 DCHBX-2023-C-0001 Maximus provides staffing to support DC HIX
and MA SHOP enrollments into QHP and
reporting.
DC Enrollment Broker 2 CW94830 Maximus provides enrollment broker services
for DCHF to assist consumers with an
enrollment into a MCO plan. Maximus
provides staffing, telephony, reporting, and
enrollment system.
DC DCAS Call Center CW95848 Maximus provides staffing and reporting to
support consumers with enrollment and status
of Medicaid, SNAP, and TANF benefits.
Maximus also provides automated QA system
to support and monitor quality reporting.
Provides technical assistance with the Districts
telephony, CRM, and other systems.
DC Education, Training,
and Job Placement Services
CW118481 TANF - Education and Opportunity and Job
Placement
DC FRSP CW101620 Family Rehousing and Stabilization Program.
DC Provider Data
Management System and
Services (PDMS)
CW100469 Provider enrollment and screening system and
operations.

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

The Department of Health Care Finance (DHCF) has a requirement to operate and maintain the
District's PDMS system. The PDMS is a part of the District’s effort to modularize its Medicaid
3

enterprise. The PDMS is responsible for all the historical provider enrollment/disenrollment
functions as well as those new functions required by the Affordable Care Act.

The PDMS system allows the District to properly screen all newly enrolling, reenrolling,
reactivating, and revalidating providers to ensure they meet participation eligibility requirements
before enrolling or continuing enrollment in the program.

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

The Contracting Officer determined it to be in the best interest of the District to use the exempt
from competition procurement method to satisfy DHCF’s requirement to operate and maintain the
District’s PDMS system pursuant to the Procurement Practices Reform Act of 2010, Section 413-
8, and D.C. Official Code § 2-354.13(8).

Maximus provides the current services due to having proprietary ownership of the District’s
PDMS. Maximus’ customized IT solution is the foundation of the District’s PDMS and is the
intellectual property of Maximus. No other vendor has the right to operate, alter, or maintain the
Maximus PDMS code. The District’s PDMS is installed and operates on a Maximus owned and
administered network and servers. Therefore, the Contracting Officer entered into an exempt from
competition contract with Maximus to continue providing and administering the PDMS.

To avoid a break in services, the District awarded a letter contract in accordance with the 27
DCMR Section 1703. The letter contract was executed on December 26, 2024, for the period of
performance from January 7, 2025 to April 8, 2025, in the amount of $876,411.51.

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

None

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

The contractor is currently providing services to the satisfaction of the District under the current
contract, which expired on January 6, 2024. The contractor has performed these services for the
District since 2016.

The proposed contractor has demonstrated through past performance reports that its organization
has the history, organizational and technical experience 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
4

fulfill the District’s requirement. The proposed contractor has been determined responsible in
accordance with the District’s standards for responsibility.

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

The contractor provided a subcontracting plan with a set-aside of 35% for the total dollar amount
of $1,226,976. The contracting officer has determined that the plan meets the Department of Small
and Local Business Development requirements.

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

Performance is expected to be in accordance with the requirements set forth in the contract. The
expected outcome of this operation and maintenance contract is the continued ability of the PDMS
to interface with the current Medicaid Management Information System (MMIS) and any future
MMIS enterprise system to verify and to properly screen all newly enrolling, reenrolling,
reactivating, and revalidating providers to ensure they meet participation eligibility requirements
before enrolling or continuing enrollment in the program.

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

$876,411.51

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

The DHCF Agency Fiscal Officer has certified that funding in the amount of $3,505,646 is
available to DHCF to support the contract.

(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
5

Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, D.C.
Official Code § 1-1163.34a

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

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

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

On January 24, 2025 the Citywide Clean Hands database certified that the contractor is current
with its District taxes.

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

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

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

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

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

The Chief Procurement Officer does not consider other aspects of the proposed contract
significant.

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

As of December 16, 2024, the contractor does not appear on the Office of Inspector General
Exclusions Database, the Federal Excluded Parties List or the District’s list of Debarred and
Suspended Contractors.

6

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

Determination and Findings for Exempt from Competition dated October 7, 2024
Determination and Findings for Price Reasonableness, dated October 16, 2024
Determination and Findings for Contractor’s Responsibility, dated December 16, 2024
Determination and Findings for a Letter Contract, dated December 16, 2024

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

http://ocp.dc.gov

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

http://ocp.dc.gov

1101 4th Street, SW
Washington, DC 20024
Date of Notice: January 24, 2025 L0013221760Notice Number:
FEIN: **-***7682
Case ID: 18439981
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
MAXIMUS US SERVICES, INC.
1600 TYSONS BLVD
MCLEAN VA 22102-4865
Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
GOVERNMENT OF THE DISTRICTOF COLUMBIA.
DepartmentofHealthCareFinance
xx
aE‘OfficeoftheChiefFinancialOfficer [EEE
MEMORANDUM
TO: NaneyHapemanChief Procurement Officer
OfficeofContractingandProcurement
THRU: DeliciaV. Moore ii: DigitalysignedbyDeliciaV.
AssociateChiefFinanWARY:MOOreHeo sassa-osooHumanSupportServicesCluster
FROM: DarrinShaffer Darrin A Shaffer 222tysvettyDaina shat
AgeneyFiscalOfficerDepartmentofHealthCareFinance
DATE: February12,2025
SUBJECT: CertificationofFundingfortheFEI.ComIncContract

‘TheOfficeoftheChiefFinancialOfficerherebycertifiesthatthesumof$ 1,251,720.00is includedintheDistrict'sLocalBudgetandFinancialPlanforFiscalYear2025tofundthecostsassociatedwiththeDepartmentofHealthCareFinance’s(DHCF)ClinicalCaseManagementSystemContract.ThiscertificationsupportstheLongTermCareAdministrationFELComInccontractcostfromApril7,2025throughApril6,2026.Thisfundallocationisasfollows:

Vendor:FEIL.COMINC ContractNumber:CW98668
FiscalYear2025Funding:4/7/25~9/30/25
Cost SplitAgeney| Fund| Account| Program| center| Project| SubTask| Award| (o?ig)|Amount
HTO_| 1010001| 7132001| 100203| 70261| Blank| Blank [Blank| 25%| 151,249.50
HtT0_[4025002[7132001|_100203| 70261 [200881[25.16| 2001984| 75% [453,748.50
FY25ContractTotal (604,998.00
FiscalYear2026Funding:10/1/25~4/6/26

Agency| Fund| Account| Program ee Project|SubTask| Award Amount
HT0__|1010001| 7132001|_100193_|70272| Blank| Blank| Blank 161,680.50HTo|4025002|7132001| 100193_|70272| 200881| 25.06| 2002472 485,041.50FY26ContractTotal 646,722.00
UponapprovaloftheDistrict’sLocalBudgetandFinancialPlanbytheCouncilandtheMayorandcompletionof
the thirty-dayCongressionallayover,fundswillbesufficienttopayforfeesandcostsassociatedwiththecontract.Thereisnofiscalimpactassociatedwiththecontract.

Shouldyouhaveanyquestions,pleasecontactmeat(202)442-9079.
4414 Street,N.W.,Suite960N,Washington,D.C,20001(202)442-5988FAX(202)478-1373
400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General
ATTORNEY GENERAL
BRIAN L. SCHWALB
C
ommercial Division
M
EMORANDUM
T
O: Sarina Loy
Deputy Director
Office of Policy and Legislative Affairs
F
ROM: Robert Schildkraut
Section Chief
Government Contracts Section
DAT
E: March 14, 2025
S
UBJECT: Approval of Contract – Provider Data Management System & Services O&Mes
Contract Number: CW118651
Contractor: Maximus US Services, Inc.
Proposed Amount: $3,505,646.00
This is to Certify that this Office has reviewed the above- referenced Contract and that we have
found it to be legally sufficient . We have reviewed and approve the current contract package for
legal sufficiency conditioned upon the following:
1. R ecei
pt of a signed copy of the proposed c ontract that was reviewed by OAG earlier on
March 14, 2025.
I
f you have any questions in this regard, please do not hesitate to call me at (202) 724-4018.
______________________________
R
obert Schildkraut

GOVERNMENT OF THE DISTRICT OF COLUMBIA * * *
Officeof Contracting and Procurement

HealthServicesClusterDepartmentofHealthCareFinanceDivision.
Sentviaemail:jeffreykarp@maximus.com;MarthaDKittrell@maximus.com; contracts@maximus.com
December 23,2024
JeffreyKarp,DeliveryDirector
MedicaidEnterpriseServicesMaximusUSServices,Inc.1600TysonsBoulevard
Suite1400McClean,VA 22102
Subject: LetterContractNo.:CW118651
OperationsandMaintenanceoftheProviderDataManagementSystem
DearMr.Karp:
‘ThisLetterContractbetweentheDistrictofColumbia(District)andMaximusUSServices,Inc.,
whereinContractoragreestoperformtheservicessetforthinSectionC ofproposedLetter
ContractNo.CW118651,AttachmentA.
Thisisa Firm Fixed Pricecontractas setforthinthepricingschedule,AttachmentB.
The DistrictintendstodefinitizetheLetterContractwithin90 daysof January7,2025,atwhich
timethisLetterContractshallmerge with theDefinitizedContract.Before theexpirationof the
90 days,theContractingOfficermay authorizean additionalperiodinaccordancewithSection
2425.9oftheDistrictofColumbia Municipal Regulations(27DCMR). If the Districtdoes not
definitizethislettercontractwithin90 days ofJanuary7,2025,thedateofaward ofthisletter
contractoranyextensionsthereof,thislettercontractshallexpire.Intheeventofexpirationof
thislettercontract,theDistrictshallpay theContractorfortheservicesperformedunderthis
lettercontractinan estimatedamount of$876,411.51.Inno eventshalltheamount paidunder
thislettercontractoranyextensionsthereof,exceed50%ofthe totaldefinitizedcontractamount.
The effectivedateofthis lettercontractshallbe January7,2025.The durationof the definitized
contractshallbe from January7,2025, toJanuary6,2026.The Districtshallpay theContractor
forthe servicesperformedduringthedurationofthedefinitizedcontractina not-to-exceed
amountof $3,505,646.
The Contractorshallperformunder thisLetterContractpursuanttothetermsofthefollowing
documents,which areherebyincorporatedby referenceand made apartof thisContractwhich
intheeventofa conflictshallbe resolvedby givingprecedencein theorderofprioritylisted
below:
ThisLetterContract;
4414thStreet,NW; Suite330South,Washington,DC 20001Direct:(202)727-0252Fax:(202)727-9385
12/26-2024

AWARD/CONTRACT
1. Reserved for later use Page of Pages
1 56
2. Contract Number 3. Effective Date

CW118651
4. Requisition/Purchase Request/Project No.
5. Issued By: Code 6. Administered by (If other than line 5)
Office of Contracting and Procurement
441 4th Street, N.W., 330 South
Washington, D.C. 20001
Department of Health Care Finance
441 4th Street, N.W., 900 South
Washington, D.C. 20001
7. Name and Address of Contractor (No. street, city, county, state and Zip
Code)

Maximus US Services, Inc.
1600 Tysons Boulevard
Suite 1400
McLean VA, 22102
contracts@maximus.com
8. Delivery

(See Section F)
9. Discount for prompt payment
10. Submit invoices to the Address shown in
(2 copies unless otherwise specified)
Item
Section
G.2.1
Code Facility
11. Ship to/Mark For
Department of Health Care Finance
441 4th Street, N.W., 900 South
Washington, D.C. 20001

Code 12. Payment will be made by
Department of Health Care Finance

Code
13. Reserved for future use 14. Accounting and Appropriation Data
15A. Item 15B. Supplies/Services 15C. Qty. 15D. Unit 15E. Unit Price 15F. Amount
Provider Data Management System and Services (PDMS)
Operation and Maintenance (O&M) $3,505,646
Total Amount of Contract $3,505,646

16. Table of Contents
(X) Section Description Page (X) Section Description Page
PART I – THE
SCHEDULE
PART II – CONTRACT CLAUSES
X A Solicitation, Offer, and Award 1 X I Contract Clauses 48
X B Contract Type, Suppliers or Service and
Price/Cost
2 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER
ATTACHMENTS
X C Specifications/Work Statement 6 X J List of Attachments 61
X D Packaging and Marking 31 PART IV – REPRESENTATIONS AND INSTRUCTIONS
X E Inspection and Acceptance 32 K Representations, Certifications and Other
Statements of Offerors

X F Period of Performance and Deliverables 33
X G Contract Administration 34 L Instructions, conditions & notices to offerors
X H Special Contract Requirements 38 M Evaluation factors for award
Contracting Officer will complete Item 17 or 18 as applicable
17. CONTRACTOR’S NEGOTIATED AGREEMENT (Contractor is required
to sign this document and return 1 copy to issuing office.) Contractor agrees to
furnish and deliver all items, perform all the services set forth or otherwise
identified above and on any continuation sheets, for the consideration stated
herein. The rights and obligations of the parties to this contract shall be subject
to and governed by the following documents: (a) this award/contract, (b) the
solicitation, if any, and (c) such provisions, representations, certifications, and
specifications, as are attached or incorporated by reference herein.
(Attachments are listed herein.)
18. AWARD (Contractor is not required to sign this document.) Your
offer on Solicitation Number including the additions or changes made by
which additions or changes are set forth in full above, is hereby accepted
as to the items listed above and on any continuation sheets. This award
consummates the contract which consists of the following documents: (a)
the Government’s solicitation and your offer, and (b) this award/contract.
No further contractual document is necessary.
19A. Name and Title of Signer (Type or print) 20A. Name of Contracting Officer

Tracy Williams
19B. Name of Contractor

(Signature of person authorized to sign)
19C. Date Signed 20B. District of Columbia

(Signature of Contracting Officer)
20C. Date Signed

Government of the District of Columbia Office of Contracting and Procurement

Austin Rahskopf Contracts Counsel
03.14.2025
CW118651– Provider Data Management System & Services O&M

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

B.1 The District of Columbia Office of Contracting and Procurement, on behalf of the
Department of Health Care Finance (“the District”) needs the Contractor to serve as the
District’s Provider Data Management System and Service (PDMS) Manager. The PDMS
contractor shall provide and administer a Provider Data Management System to properly
screen all newly enrolling, reenrolling, reactivating, and revalidating providers to ensure they
meet participation eligibility requirements before enrolling or continuing enrollment in the
program.

B.1.1 The District contemplates award of a firm fixed price contract.

B.2 PRICE SCHEDULE – FIRM FIXED PRICE*
B.3.1 Base Year
January 7, 2025 through January 6, 2026
B.3.2 Option Year One
January 7, 2026 through January 6, 2027
Contract
Line Item
Number
(CLIN)
Item
Description Total Price
0001
As The District’s PDMS Manager, administer and maintain a PDMS to
properly screen all newly enrolling, reenrolling, reactivating, and
revalidating providers. Provide 1,000 maintenance hours per year for
system changes, upgrades, and customization to the PDMS, as described in
Section C.5. The total hours available to use in any given year is not to
exceed 1,000 hours. If any hours remain at the end of the base year, these
hours will carry over to OY1. Upon the termination/expiration of the
contractual term and all option years, any remaining and unused hours will
be deemed to be expired and therefore unusable.
$3,505,646
Grand Total for B.3.1 - Base Year $3,505,646
CLIN Item
Description Total Price
1001
As
The District’s PDMS Manager, administer and maintain a PDMS to properly
screen all newly enrolling, reenrolling, reactivating, and revalidating
providers. Provide 1,000 maintenance hours per year for system changes,
upgrades, and customization to the PDMS, as described in Section C.5. The
total hours available to use in any given year is not to exceed 1,000 hours. If
any hours remain at the end of the base year, these hours will carry over to
OY1.Upon the termination/expiration of the contractual term and all option
years, any remaining and unused hours will be deemed to be expired and
therefore unusable.

$3,598,902
Grand Total for B.3.2 - Option Year One $3,598,902
CW118651– Provider Data Management System & Services O&M

3
*The Contractor shall invoice for payment 1/12th of the total each month so long as the system is
operational without outages as indicated in subsection J.14 Service Level Agreement. A percentage of
the monthly invoice amount shall be held according to the agreed upon SLAs.

B.4 Reserved

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.

A Subcontracting Plan form is available at http://ocp.dc.gov, under Quick Links click on
“Required Solicitation Documents”.

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.7.2; 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.

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

The Government of the District of Columbia Office of Contracting and Procurement, on
behalf of the Department of Health Care Finance (“the District”), needs a Contractor to serve
as the District’s PDMS Manager. The PDMS Contractor shall provide and administer a
Provider Data Management System with a services and support component.

The District's goal is to properly screen all newly enrolling, reenrolling, reactivating, and
revalidating providers to ensure they meet participation eligibility requirements before
enrolling or continuing enrollment in the program. It is the District’s wish to increase
automation and communication between District agencies to access data timely and
appropriately.

C.2 APPLICABLE DOCUMENTS

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

Item
No.
Document
Type Title Date
1 Federal Law
42 USC Title XIX 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
http://www.socialsecurity.gov/OP_Home/ssact/title19/1903.ht
m
Most Recent
2 Federal
Regulation
45 CFR Part 95 – General Administration – Grant Programs
(Public Assistance and Medical Assistance)
http://law.justia.com/cfr/title45/45cfr95_main_02.html
Most Recent
3 Federal
Regulation
45 CFR Part 160 and 164
Health Insurance Portability and Accountability Act (HIPAA)
Regulations
http://www.hhs.gov/ocr/privacy/hipaa/administrative/privacyru
le/index.html
Most Recent
4 Federal
Regulation
45 CFR 95.621 Automated Data Processing (ADP) Reviews
http://www.law.cornell.edu/cfr/text/45/95.621 Most Recent
5 Federal
Regulation
42 CFR 433.112 - FFP for design, development, installation or
enhancement of mechanized claims processing and information
retrieval systems
http://www.law.cornell.edu/cfr/text/42/433.112
Most Recent
6 National
Standard
Guide for Developing Security Plans for Federal Information
Systems
NIST SP 800-18
http://csrc.nist.gov/publications/nistpubs/800-18-Rev1/sp800-
18-Rev1-final.pdf
Most Recent
7 National
Standard
Guide for Performing Risk Assessments
NIST SP 800-30
http://csrc.nist.gov/publications/nistpubs/800-30-
rev1/sp800_30_r1.pdf
Most Recent
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Item
No.
Document
Type Title Date
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)
Most Recent
9 CMS MECT
Checklist
MECT Provider Management Checklist
METC Access and Delivery Checklist
METC Information Architecture Checklist
METC Integration and Utility Checklist
METC Intermediary and Interface Checklist
Standards and Conditions Checklist
HTTPS://WWW.MEDICAID.GOV/MEDICAID/DATA-
AND-SYSTEMS/MECT/INDEX.HTML
Most Recent

C.3 DEFINITIONS/ACRONYMS

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

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

C.3.2 Acceptance Criteria: This 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 Intellectual Property: This means any intellectual property that is owned by the
DHCF. DHCF Intellectual Property includes any derivative works and compilations of any
DHCF Intellectual Property.

C.3.4 Ancillary Services: This refers to health and medical services that are independent of the
diagnosis and/or treatment reflected in the plan of care that governs placement in an inpatient
facility.

C.3.5 API stands for Application Programming Interfaces.

C.3.6 ASARS stands for Adult Substance Abuse Rehabilitative Services.

C.3.7 ASO stands for Administrative Services Only.

C.3.8 Authorized Representative: This 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 Contractor’s Authorized Representative is the Contractor’s
designated Project Manager. The Authorized Representative of the District and the District’s
Contracting Officer is the Contract Administrator (CA) for this Contract who has the limited
authority stated in 2010 SCP-32.

C.3.9 Business Days: This 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.
***NOTE: The Contractor is required to be open when the District is open.

C.3.10 CA stands for Contract Administrator.

C.3.11 CAQH stands for Council for Affordable Quality Healthcare, Inc
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C.3.12 Certified PDMS: is a PDMS that has achieved CMS approval based on a completed and
verified Provider Management Checklist from the Medicaid Enterprise Certification Toolkit
(MECT). CMS authority for requiring certification is provided in Public Law 92-603, and
the Code of Federal Regulations (CFR) at 42 CFR 433 and 45 CFR 95.611(d).

C.3.13 CFR stands for Code of Federal Regulations.

C.3.14 CMS stands for Centers for Medicare and Medicaid Services.

C.3.15 CO stands for Contracting Officer.

C.3.16 Contract: This means all terms and conditions herein and all Attachments to the Contract
listed in Section J.

C.3.17 COTS stands for Commercial Off The Shelf.

C.3.18 Contractor and Offeror: are used interchangeably and apply to the contract and/or Contract
according to the context of their use.

C.3.19 Day or Days: This include Saturdays, Sundays, and holidays unless specified for individual
requirements herein to be business days.

C.3.20 Deliverables: means all services, documentation, and other work product Offeror is required
to deliver to the District under the Contract.

C.3.21 Delivery Schedule: This means that attribute of the Project Work Plan setting forth the
completion date of each milestone and the delivery date for each deliverable.

C.3.22 DHCF: This means the District’s Department of Health Care Finance.

C.3.23 District: This means the District of Columbia.

C.3.24 District provider: This means any provider participating in a District program.

C.3.25 DMEPOS stands for Durable Medical Equipment, Prosthetics, Orthotics, and Supplies
suppliers.

C.3.26 Documentation: This 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 Offeror under this Contract.

C.3.27 DOH stands for the District’s Department of Health.

C.3.28 DSD stands for Detailed System Design.

C.3.29 DSLBD stands for the Department of Small and Local Business Development.

C.3.30 DSS stands for Decision Support System and is used interchangeably with DW – Data
Warehouse, though a DSS is software that runs against a DW.

C.3.31 DW stands for Data Warehouse and is used interchangeably with DSS – Decision Support
System, though a DW is the collection of data that DSS software utilizes.

C.3.32 EPLS stands for Excluded Parties List System (see “SAM”)
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C.3.33 ESB stands for Enterprise Service Bus

C.3.34 FedRAMP stands for the Federal Risk and Authorization Management Program.

C.3.35 FFS stands for Fee For Service.

C.3.36 FIPS stands for Federal Information Processing Standards which are developed by NIST per
FISMA.

C.3.37 FISMA stands for Federal Information Security Management Act.

C.3.38 FFP stands for Federal Funds Participation.

C.3.39 FRD stands for Functional Requirements Document.

C.3.40 Gantt Chart: This is a type of bar chart, developed by Henry Gantt in the 1910s, that
illustrates a project schedule.

C.3.41 HCOA stands for Health Care Operations Administration.

C.3.42 HHS stands for the United States Department of Health and Human Services.

C.3.43 HIPAA stands for the federal Health Information Privacy and Accountability Act.

C.3.44 HPID stands for Health Plan ID number, mandated by CMS for implementation in
November 2014 for Health Plans and November 2015 for small Health Plans.

C.3.45 ICF-ID stands for Intermediate Care Facility – Intellectual Development.

C.3.46 IEEE stands for the Institute of Electrical and Electronic Engineers.

C.3.47 JAD stands for Joint Application Design.

C.3.48 JAR stands for Joint Application Requirements.

C.3.49 LEIE stands for List of Excluded Individuals and Entities. Typically, this is listed as OIG
LEIE (see OIG below).

C.3.50 LTC stands for Long-Term Care.

C.3.51 MCO stands for Managed Care Organization.

C.3.52 MED stands for Medicare Exclusion Database.

C.3.53 MECT stands for Medicaid Enterprise Certification Toolkit.

C.3.54 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.3.55 Milestone: This means a specific group of tasks or deliverables identified as a milestone in
the Project Work Plan.

C.3.56 NF stands for Nursing Facility.

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C.3.57 NPI stands for National Provider Identifier.

C.3.58 NIST stands for National Institute of Standards & Technology.

C.3.59 OCP stands for the Office of Contracting and Procurement.

C.3.60 Offeror Intellectual Property: This means any intellectual property that is owned by the
Contractor and contained in or necessary for the use of the deliverables. Offeror Intellectual
Property includes Documentation owned by the Contractor and derivative works and
compilations of any Offeror Intellectual Property.

C.3.61 OIG stands for Office of the Inspector General.

C.3.62 NPDB stands for National Practitioner Data Bank.

C.3.63 NPPES stands for National Plan and Provider Enumeration System.

C.3.64 PA stands for Prior Authorization.

C.3.65 PDMS stands for Provider Data Management System and Services, encompassing both
System (Technical) and Services (Operational) functions.

C.3.66 PECOS stands for Provider Enrollment, Chain and Ownership System.

C.3.67 PMBOK stands for Project Management Book of Knowledge.

C.3.68 PHI stands for Protected Health Information

C.3.69 PID stands for Provider ID number; the unique District-specific number assigned to each
provider who enrolls in a District program.

C.3.70 POA&M stands for Plan of Action and Milestones.

C.3.71 POS stands for Point of Sale.

C.3.72 Project Manager: unless otherwise specified, this means Offeror’s representative who
manages the processes and coordinates the services with the DHCF’s Authorized
Representative to ensure delivery of the deliverables and completion of milestones.

C.3.73 PRTF stands for Psychiatric Residential Treatment Facility.

C.3.74 RMF stands for Risk Management Framework.

C.3.75 RTM stands for Requirements Traceability Matrix.

C.3.76 SAM stands for System for Award Management

C.3.77 SAVE stands for Systematic Alien Verification for Entitlements program.

C.3.78 SBE stands for Small Business Enterprise certified as such by the DSLBD.

C.3.79 Schedule of Deliverables: This 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 service’s activities that are associated with them, and a completion date
for each milestone and deliverable.

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C.3.80 SLA stands for Service Level Agreements. These are measurements of system downtime,
the amount of time it takes to process an application to completion, etc.

C.3.81 SOA stands for Service-Oriented Architecture. SOA is a set of principles and methodologies
for designing and developing software in the form of interoperable services to improve
modularity and flexibility. SOA principles offer many significant benefits, including the
elimination of redundant code.

C.3.82 SOW stands for Statement of Work and means the Contract, the document that describes the
services to be provided by the Contractor 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 a 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.3.83 SSDMF stands for Social Security Death Master File.

C.3.84 SNF stands for Skilled Nursing Facility.

C.3.85 SSP stands for System Security Plan.

C.3.86 Streamlined Application: This refers to the District of Columbia Medicaid provider
enrollment application solely used for providers who order/prescribe reimbursable services to
Medicaid-eligible recipients

C.3.87 Task: This means a segment of the services to be provided by Offeror under the Contract.

C.3.88 Third-Party Intellectual Property: This means any intellectual property owned by parties
other than the DHCF or the Contractor and contained in or necessary for the use, or optimal
use, of the deliverables. Third-Party Intellectual Property includes Commercial-off-the-shelf
(COTS) Software owned by Third Parties, and derivative works and compilations of any
Third-Party Intellectual Property.

C.3.89 TPL stands for “Third Party Liability”.

C.3.90 UAT stands for User Acceptance Testing.

C.3.91 X12: This refers to the X12 set of standards established by the Accredited Standards
Committee (ASC) for electronic communication.

C.4 BACKGROUND

This section of the contract provides an orientation to the DC DHCF programs’ structure and
current technologies. It is not intended to be a complete and exhaustive description, but to
provide potential Contractors with an awareness of the program environment in which the
PDMS Solution will operate.

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C.4.1 Department of Health Care Finance

C.4.1.1 The District's Medicaid Program provides medical services to eligible Medicaid beneficiaries
under Title XIX of the Social Security Act through enrolled providers and health plans, and
Specialty Services and Population Waivers such as the District's 1115 Waiver program.

C.4.1.2 The Department of Health Care Finance (DHCF) serves as the District of Columbia
Medicaid Single State Agency, as defined by Code of Federal Regulations (CFR) Title 45
Section 205.100 (42 CFR 431.10). 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 The District of Columbia’s Medicaid program provides health care coverage to over 264,513
residents with low incomes. DHCF is responsible for determining the eligibility policy and
criteria, service coverage, and payment policies for the District's Medicaid program; for
ensuring the District's health care programs maximize federal funding to finance health care
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 for analyzing existing
health care financing policies to ensure that they promise efficient, effective, and economical
provisions of care. DHCF’s additional responsibilities include contracting for components of
major administrative functions such as information and billing systems, managed care
enrollment facilitation, and utilization review, and quality assurance to companies that
specialize in these areas.

C.4.1.4 Within DHCF, the Health Care Operations Administration (HCOA) provides oversight for all
Medicaid services contracts. HCOA consists of contract managers, project managers, system
business analysts, and operations analysts who monitor Contractor and system performance,
gather requirements for System and operation changes, and bridge communications between
the Department’s policy/program staff and the Contractor’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.

C.4.2.2 FFP is determined in large part by the system being certified by the Centers for Medicare and
Medicare Services (CMS) under the Department of Health and Human Services (HHS). The
District's Provider Data Management System has achieved certification and maintaining
certification remains an absolute priority of the District. Therefore, the PDMS supplied under
this contract, as required herein, shall be certified.

C.4.3 Current PDMS Contract

C.4.3.1 Under its last PDMS procurement in January 2016, the District of Columbia opted for a Base
Contract of four (4) years - 9 months for design, development, and implementation (DDI)
and three (3) years three (3) months of Operations – plus one (1) Option Year of Operations.
The initial PDMS contract was awarded to Maximus in January 2016. The PDMS became
operational in January 2017 and was retro-actively certified by CMS in October of 2018.

C.4.3.2 The last PDMS contract term was from January 7, 2016 through January 6, 2020. After the
completion of the last PDMS, a sole source contract was awarded for one base year and one
option year for operations for the period of performance from January 7, 2021 through
January 6, 2023.
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C.4.3.3 The District of Columbia’s Medicaid program utilizes over 24,283 service providers. There
are currently 3 at risk MCO’s and one special needs plan serving much of the current client
population.

C.4.3.4 The District uses the services of a contractor to operate and maintain the District’s certified
MMIS.

C.4.3.5 The PDMS will interface with the current MMIS and any future MMIS enterprise system to
allow it to continue to process claims and perform other functions that require accurate
provider data.

C.4.3.6 For fiscal years 2018 through 2021, the District’s counts of received and approved provider
applications were as follows:

Fiscal Year Total Applications Approved
2018 9,666
2019 15,484
2020 12,709
2021 15,704

C.4.4 Current DC Medicaid Enterprise

C.4.4.1 The current MMIS enterprise consists of several standalone technology components. In
addition to the traditional, monolithic MMIS platform that is made up of the nine major
subsystems, the MMIS enterprise environment also contains an MMIS web portal, electronic
data management system (EMDS), Cognos datamart, CaseNet case management system,
MMIS EDI gateway, Reports Online, and RRI. Below is a brief description of each of the
components:

C.4.4.1.1 MMIS platform – consists of the nine major subsystem; primarily responsible for processing
the District’s claims.
C.4.4.1.2 MMIS web portal – secure and non-secure web site 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, etc.)
C.4.4.1.3 Electronic Data Management System (EDMS) – serves as a document repository for all mail
correspondence that is submitted to the fiscal agent
C.4.4.1.4 Cognos datamart – serves as the primary platform for all the District’s federal reporting for
the Medicaid program; contains a rolling 24 months of Medicaid claims and claims-related
data that is used for ad-hoc reporting
C.4.4.1.5 CaseNet case management system – serves as the primary platform to case manage the
District’s Elderly and Physically Disabled (EPD) waiver population
C.4.4.1.6 MMIS EDI Gateway – this gateway sends and accepts HIPAA-compliant EDI transactions
from the District’s Medicaid providers
C.4.4.1.7 Reports Online – a web-based repository that contains all the reports generated by the
existing MMIS
C.4.4.1.8 RRI – Xerox-provided solution for scanning in Medicaid claims that are submitted on paper
using optical character recognition (OCR).
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C.4.4.2 In addition to the MMIS platform, the MMIS enterprise contains several other platforms and
capabilities. Below is a listing of the other components and capabilities that make up the
MMIS Enterprise.

C.4.4.3 The Pharmacy Benefit Management System (PBMS)

The PBM is one of the MMIS enterprise standalone components existing on its platform. To
validate FFS pharmacy claims, the PBMS requires feeds from the MMIS member, provider,
and TPL subsystems. Adjudicated pharmacy claims are fed back to the MMIS claim
subsystem from where they are included in the MMIS payment cycle. The MMIS and PBMS
do not currently exchange prior auth nor reference subsystem data.

C.4.4.4 Other standalone components of the MMIS enterprise that provide or share the MMIS
adjudication subsystem data include the following:

C.4.4.4.1 DC Access System (DCAS)

DCAS is the District’s health benefit exchange platform that as implemented in response to
the Patient Protection Affordable Care Act (PPACA). This platform is managed by the
District’s Department of Health Care Finance (DHCF and serves as the District’s central
platform for eligibility determination and enrollment for all the District’s social services
programs – both federal and local. DCAS will serve as the replacement eligibility and
enrollment platform for the District’s ACEDs system.

C.4.4.4.2 Automated Client Eligibility Determination System (ACEDs)

ACEDs is the District’s legacy eligibility determination and enrollment system for all the
District’s social service programs – both federal and local. The MMIS receives a daily
Medicaid beneficiary eligibility/enrollment file which is used by the MMIS to update the
eligibility and enrollment data of the Medicaid beneficiaries.

C.4.4.4.3 Medicaid Data Warehouse

The District’s Medicaid Data Warehouse serves as the central query, reporting, and analysis
tool for the District’s Medicaid agency. The District began building its own SAS / Oracle
Medicaid data warehouse in December 2013 and was certified in January 2019. The data
warehouse interfaces with the existing MMIS and receives weekly update files for data such
as claims, providers, and beneficiaries.

C.4.4.4.4 Provider Data Management System (PDMS)

The PDMS is a part of the District’s effort to modularize its Medicaid enterprise. The PDMS
is responsible for all the historical provider enrollment/disenrollment functions as well as
those new functions required by the Affordable Care Act. The current PDMS Contractor is
Maximus. The PDMS interfaces with the MMIS providing information such as provider
name, provider eligibility, and provider on review. The PDMS services center on those
activities surrounding provider enrollment/disenrollment. The PDMS has no insight into
claims or financial information for providers. This information is maintained in the MMIS.

C.4.4.4.5 Clinical Case Management System (CCMS)

The District’s CCMS is a case management platform that serves as the primary case
management platform for the District’s Department of Health Care Finance (DHCF), and
Long-Term Care Administration. The CCMS provides case management services for those
Medicaid beneficiaries who are a part of the 115 waiver and require long term care services.

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C.4.4.4.6 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 required to enroll in the District of Columbia Healthy Families
Program (DCHFP). The Enrollment Broker is an independent Contractor that is free from
conflict of interest (not affiliated with any of the District’s MCO plans or other health care
provider 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.4.4.4.7 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. These
investigations cover several areas in which TPL recoveries and cost avoidance have proven
effective. These areas consist of Casualty, Health Insurance, Absent Parent, Estates, and
Third-Party Cost Avoidance.

C.5 REQUIREMENTS

C.5.1 Operational Requirements

The Contractor shall utilize the PDMS, plans, and reports approved during the DDI
contract phase to aid their delivery of the following services throughout the operational
contract phase:

C.5.1.1 Operate, monitor and administer the developed, tested, and accepted PDMS, including all
interfaces, in such a way as to ensure the system functionality and availability is delivered,
and provide administration and maintenance of the PDMS including but not limited to:

C.5.1.1.1 PDMS Administration, Maintenance and Change Control
C.5.1.1.2 Provider Customer Services

C.5.1.2 Develop, deliver and manage the Provider Support Services including but not limited to:

C.5.1.2.1 Staff Training and Development Services;
C.5.1.2.2 Problem Resolution / Escalation Services;
C.5.1.2.3 Batch Reporting Services;
C.5.1.2.4 Online Reporting Services;
C.5.1.2.5 Ad Hoc Reporting Services; and
C.5.1.2.6 Quality Control and Assurance Services.

C.5.1.3 All of the reports accepted in or as a result of the DDI phase of the Contract, as these
reports are listed in the final, District-approved Deliverables Status Summary Report, are
incorporated as requirements of the Operations phase in base and option years of the
Contract. The Contractor shall submit each of these reports in the format and frequency
established in the above-noted final Deliverables Status Summary Report.

C.5.2 PDMS Administration, Maintenance and Change Control

The Contractor shall:

C.5.2.1 Apply system modifications necessary to comply with changes in federally-mandated or
National Standards such as, but not limited to HIPAA, or MITA, and to meet the deadlines
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imposed for such changes, for the duration of this contract, as part of the Contractor’s
normal system maintenance of the PDMS product pursuant to this Contract.

C.5.2.2 In the event such changes (federally-mandated or National Standards) occur within the
operational contract term, present to the District the Contractor’s basic upgrade for the
standards change within the PDMS that will be tested, submitted for approval, and once
approved by the District, implemented before the standard’s change effective date at no
cost to the District. The District may request, and the Contractor shall provide, any
modifications to the Contractor’s basic upgrade that may be required to support all non-
standard features or improvements of the District’s implementation of the standards
change through the Update and Change Control process approved during DDI.

C.5.2.3 Manage a weekly System Maintenance Review Meeting wherein all plans for system
maintenance shall be discussed and agreed upon with the District according to the
procedures defined in the Update and Change Control Plan approved during DDI. Weekly
System Maintenance Review Meetings shall cover, but not be limited to:

C.5.2.3.1 Programmatic and/or configuration revisions, additions, and deletions addressing District-
specific upgrades, fixes, and enhancements;
C.5.2.3.2 Upgrades, fixes, and enhancements the Contractor is implementing to their infrastructure
that is expected to impact, or have the possibility of impacting, the District’s PDMS
and/or its overnight batch cycle;
C.5.2.3.3 Upgrades, changes, and enhancements being implemented to meet and maintain Centers
for Medicare and Medicaid Services (CMS) certification requirements; and
C.5.2.3.4 Review and update of a System Maintenance Issue Log; Contractor will post this updated
log to the intranet (e.g., SharePoint or similar) weekly within 48 hours following the
meeting.

C.5.2.4 Monitor and administer System Security per the System Security Plan.

C.5.2.4.1 Protect the PDMS environment with security controls required to maintain compliance
with NIST and FISMA standards as described in the System Security Plan approved
during DDI;
C.5.2.4.2 Immediately halt and remediate any System breach; and
C.5.2.4.3 Notify the District within four hours of the discovery of any data breach and follow and
assume responsibility for the incident response procedures and activation.

C.5.3 System Availability and Operation

The Contractor shall:

C.5.3.1 Ensure the production system’s availability 24 hours per day every day of the year at a
minimum of 99.0% in the District as measured in minutes every week. Preapproved
scheduled downtime will be excluded from system availability measurements. Note:
99.0% availability allows for approximately 10 minutes of downtime in a week.

C.5.3.2 Ensure that no single outage of services extends beyond 15 minutes. Outages extending
for more than 15 minutes shall be subject to liquidated damages as specified in
Attachment J.14, Service Level Agreements.

C.5.3.3 Ensure the District has access to a test function or system with 95% availability measured
in minutes daily between 6 am and 11 pm. This requirement is not limited to business
days. Should the test function involve the Contractor’s production system, this will not
alter the production system requirement for 99.0% availability.

C.5.3.4 Ensure the Contractor’s PDMS solution functions independently of the MMIS.
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C.5.3.5 House and maintain all hardware, software, network connectivity, and data storage for
the production, test, and any/all disaster recovery site(s) of the PDMS that are established
by the Contractor.

C.5.4 Interface Maintenance

C.5.4.1 The Contractor shall be responsible for the timely and accurate operation of all interfaces
required for the operation of the PDMS.

C.5.5 Normal System Maintenance

C.5.5.1 The Contractor shall provide normal system maintenance. Normal system maintenance
includes those activities that are necessary to deliver the system functionality and to meet
the system availability requirements.

C.5.6 Manage Communication

C.5.6.1 The Contractor shall be responsible for scheduling meetings/conference calls required
under this Contract, as well as recording and publishing meeting/conference call minutes.

C.5.6.2 The Contractor shall participate in a minimum of two monthly conference calls and/or
meetings to discuss the Medicaid Provider Screening and Enrollment project.

C.5.6.2.1 On a bi-monthly basis, the Contractor’s key project staff shall participate in a conference
call with District staff to discuss the progress of the work, evaluate any problems, and
discuss plans for immediate next steps of the project. The Contractor shall be responsible
for setting up the conference calls and/or meeting, preparing an agenda, documenting the
minutes of the meeting, and preparing any other supporting materials as needed.

C.5.6.2.2 At District discretion, or the request of the Contractor, conference calls may be scheduled
more frequently. Also, other conference calls may be scheduled to discuss individual
items and/or issues.

C.5.7 Operational Project Plans

The Contractor shall be responsible for maintaining the following plans throughout the
operational period:

C.5.7.1 The Annual Screening and Enrollment Plan is created to indicate the activities required to
screen and re-enroll those providers whose screenings are due for review based on the
District’s policies regarding timelines for rescreening of providers. Annually and upon
30 days of written request, the Contractor will submit an Annual Screening and
Enrollment Plan, outlining the resources and time frame for completing the work. The
Annual Screening and Enrollment Project Plan shall be for the next year of the contract.
The Annual Screening and Enrollment Project Plan shall serve as a snapshot of
everything the Contractor is identifying at the time. As new issues are identified, the
Annual Screening and Enrollment Project Plan shall be updated.

C.5.7.2 The Contractor shall submit to the District a detailed Provider Outreach Plan of
scheduling all revalidations and the associated outreach to providers. This plan will detail
the timing and progression of revalidations. This Plan will be updated throughout the
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Operation years of the contract. If the Contractor revises the Provider Outreach Plan, the
District must review and approve in writing before implementing such changes.

C.5.7.3 A report card of service level agreement (SLA) numbers on a monthly basis for status
meetings and on an ad hoc basis for District review at any point in time. See SLA
requirements in Appendix B.

C.5.8 Customer Service Measures

The Contractor shall provide minimum customer service measures including:

C.5.8.1 Phone Support and Staff
Toll-free customer service telephone number available during normal business hours
(Monday – Friday) from 8:00 am to 5:00 pm in the Eastern Time Zone.

C.5.8.2 Website
The Contractor shall be responsible for creating and maintaining a web-based system(s)
with appropriate levels of security that:

C.5.8.2.1 Contains all functionality to include the following:

C.5.8.2.1.1 Applicable Medicaid policies, forms and bulletins;
C.5.8.2.1.2 General screening and enrollment information, including links to District Medicaid
regulations and enrollment webpages;
C.5.8.2.1.3 A list of Provider helpdesk desk services and telephone numbers;
C.5.8.2.1.4 Frequently Asked Questions to include anticipated questions at the start of the Program;
C.5.8.2.1.5 Both non-secure and secure entry abilities; non-secure for the general public; secure for
District-defined users with entry and update capabilities;
C.5.8.2.1.6 Ability for Providers to set up an account before beginning an application. This account
should follow the Provider through an approved application. This creates the Provider's
access to the secure side of the Web Portal;
C.5.8.2.1.7 Ability for new Providers to access applications and update them until they have been
submitted;
C.5.8.2.1.8 Provider enrollment capability;
C.5.8.2.1.9 Additional information requests made to Providers;
C.5.8.2.1.10 Ability for Providers to track their enrollment status throughout the screening process;
C.5.8.2.1.11 Ability for appropriate District Medicaid staff to have access to Provider screening,
enrollment, and revalidation tracking specific to each Provider through this website;
C.5.8.2.1.12 A CHAT feature to help Providers work through any questions or issues with the website;
C.5.8.2.1.13 Ability for enrolled or previously enrolled Providers to access their information;
C.5.8.2.1.14 Ability for Providers to submit updates to their-information that will go into a workflow
queue for approval before the update being made. Provide a pop-up or some other
communication method to alert the Provider that updates will not be immediate and
require verification before the record will be updated;
C.5.8.2.1.15 Ability for individual Providers to see to which groups they belong, and for Group
Providers to see which individual Providers belong in their group; both should be able to
submit updates for this information;
C.5.8.2.1.16 A breaking news banner that is updateable by the District or the Contractor under District
approval;
C.5.8.2.1.17 Links to other pertinent and relevant websites such as MMIS, DOH, etc.;
C.5.8.2.1.18 A methodology for the Provider to pay application fees on the website; and
C.5.8.2.1.19 Capability to accept e-signatures from Providers and appropriate District managers as
legal and binding.

C.5.8.2.2 Maintains adequate up-time as outlined in the Service Level Agreements.
C.5.8.2.3 Is updated routinely with content approved by the District.
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C.5.8.3 Screening and Enrollment Tracking

C.5.8.3.1 The Contractor shall be responsible for tracking each stage of the enrollment process for
each provider applicant. The tracking shall enable customer service representatives to
communicate accurate information to the District and providers who inquire.

C.5.8.3.2 Tracking must include the next date the provider will be due for validation.

C.5.8.4 Customer Satisfaction

C.5.8.4.1 The Contractor shall be responsible for conducting periodic surveys to report customer
satisfaction levels to the District. The numbers and types of providers surveyed, and the
return percentages should be reported. Return percentage levels will determine the need
for outreach to providers for better survey results.

C.5.9 Provider Outreach

The Contractor shall perform Provider Outreach activities (outreach material, newsletters,
bulletins, surveys, manuals, etc.) to educate providers about the screening and revalidation
processes, and to notify providers of policies and protocols.

C.5.9.1 Provider outreach activities for screening enrollment and validation shall be coordinated
with the timing for revalidation of each provider type. These activities will only occur
when revalidation of a provider type is due.

C.5.9.2 Notification to providers of policies and protocols should be available to the providers on
the Web or through a request by phone call or some other form of communication, which
can include physical mail and postage.

C.5.9.3 The Contractor shall solicit and utilize the assistance of provider associations to help
disseminate this information. The Contractor shall maintain information regarding
provider associations and provider education contacts in an easily updatable database.

C.5.9.4 The Contractor shall notify the District at least five business days before all meetings
and/or teleconferences with large provider groups or associations, etc.

C.5.10 Provider Screening and Enrollment

C.5.10.1 The Contractor shall conduct required screening and enrollment activities to prevent
ineligible providers from enrolling and/or remaining enrolled in the District Medicaid
program. Additionally, the Contractor shall ensure processes are developed to maximize
efficiencies for providers and the Contractor to the greatest extent possible when
conducting these activities.

C.5.10.2 All providers wishing to enroll in District Medicaid must complete the following
documents, including but not limited to: Service Provider Agreement, the Disclosure of
Ownership and Control Interest Statement and Criminal Information form, United States
Citizenship Attestation form (individual providers only), and required addendums and
attachments, or any other federal or District required documentation. The District is open
to integrating the information contained in these documents into the Contractor’s process,
if the required information is captured, and any updates to the base documents are updated
in the Contractor’s process promptly.

C.5.10.3 The District prefers applications and other required information for enrollment and
revalidation be accepted through a web portal that includes validation of field input, user
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validation, an electronic signature, and a record of the application receipt date. The
District reserves the right to require providers to print, sign, and submit paper copies of
documents as deemed necessary.

C.5.10.3.1 Applications shall take the Contractor no longer than fifteen business days from the date
of receipt of a complete package to process. Applications that require additional
information and/or additional site visits/site visit attempts shall be completed as efficiently
as possible, noting the timeframes described in detail below. The effect of fingerprinting
and criminal background checks will not be known until the final CMS guidance is
released. Additional time-related requirements may be determined once final guidance is
released by CMS.

C.5.11 Application Processing

The Contractor shall receive provider applications, attachments, and addendums.

C.5.11.1 The Contractor shall screen applications and additional forms for missing, incomplete, or
conflicting information within three days of receipt.

C.5.11.2 The Contractor shall manage additional information requests. Requests for
missing/incomplete/conflicting information shall be sent to the provider within one day of
identifying the deficiency. Information requests should be sent to the provider
electronically if possible.

C.5.11.3 When expedited applications are received, they are to be placed at the top of the queue for
applications to be processed.

C.5.11.4 The Contractor shall expedite the following applications:
C.5.11.4.1 Enrollments for PRTs and ancillary providers; and
C.5.11.4.2 Enrollments for streamlined providers.

C.5.11.5 Forward complete provider enrollment packages to the District for final review and
approval. Complete in this context means:

C.5.11.5.1 The application can be approved as it stands, and that all required documentation has been
received; or
C.5.11.5.2 The Contractor has verified everything they are obligated to verify, and the District must
now complete the process.

C.5.12 Application Fee

C.5.12.1 The Contractor shall collect the application fee set by CMS from prospective, reenrolling,
and reactivating institutional providers.

C.5.12.2 Institutional providers are required to pay an application fee unless the provider is already
enrolled in Medicare or the provider has already paid the application fee to Medicare or
another State program. The fee is determined by CMS on an annual basis. See 42 CFR
455 Subpart E.

C.5.12.3 When applicable, screening and enrollment activities shall not begin until the application
fee has been collected and confirmed to be processed.

C.5.12.4 Fees collected that exceed the cost of the screening program shall be returned to the
District annually. The reporting and return of excess fees to CMS, if applicable, will be
handled by the District.

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C.5.12.5 Providers may request a waiver of the application fee on a hardship basis. A request for a
waiver shall be submitted to CMS in writing. If the hardship exception is approved by
CMS, a copy of that notification must be attached to the provider enrollment application
that is submitted to the District.

C.5.13 Verify Provider License

C.5.13.1 As applicable, at the time of initial enrollment, the Contractor shall utilize appropriate
sources to verify the provider has a valid license in the practicing jurisdiction and that the
license has no restrictions in any state in which the provider claims to be licensed.

C.5.13.2 If the provider fails, the initial license verification the Contractor shall issue a denial letter
to the provider.

C.5.13.3 For a re-enrollment, if the provider fails the license verification:

C.5.13.3.1 The Contractor shall refer provider application and supporting documentation to the
District within two business days of findings.

C.5.13.3.2 The District will review and, if appropriate, issue the notice of intent to terminate letter
and handle any subsequent appeal made by the provider.

C.5.14 Processing for Provider Risk Levels

The Contractor shall ensure:

C.5.14.1 Risk levels for all provider types are determined by CMS and the District. Risk levels are
subject to change. Changes will be communicated to the Contractor promptly.

C.5.14.2 Any applicant that may reasonably be categorized into more than one risk category shall
be screened according to the highest level of screening that applies to that provider or
supplier type.

C.5.14.3 Providers or suppliers who are classified as Moderate Risk will have a site visit performed
and attend an orientation session before their application can be fully approved.

C.5.14.4 Providers or suppliers who are classified as High Risk will have a site visit, a criminal
background check, fingerprinting and an orientation session completed before their
application can be fully approved.

C.5.14.5 To accommodate orientation, the Contractor shall send the Provider/supplier a letter
outlining an upcoming orientation session. The Provider/Supplier has thirty business days
from the date of the notice to attend a session. Orientation sessions will be conducted by
the fiscal agent. Non-compliance will result in a denial of the provider’s/supplier’s
application.

C.5.14.6 The processes above should be made part of the workflow and be shown on the dashboard
as part of the steps needed for an application to come to a successful completion.

C.5.14.7 The District reserves the right to modify screening requirements for any provider or
supplier if the District determines Medicare or another state has successfully conducted a
comparable screening on the same provider or supplier and that screening led to
enrollment in Medicare or another Medicaid program.
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C.5.14.8 Limited Risk

C.5.14.8.1 Database Checks
The Contractor shall complete database checks on providers or suppliers, individual
group members, and any individual or entity identified on the District
Ownership/Controlling Interest and Conviction Disclosure form as an owner or managing
employee of a corporate entity. The databases employed shall include (if applicable), but
not be limited to:

C.5.14.8.1.1 Office of Inspector General List of Excluded Individuals and Entities (OIG LEIE);
C.5.14.8.1.2 Medicare Exclusion Database (MED);
C.5.14.8.1.3 System for Award Management (SAM), formerly the Excluded Parties List System
(EPLS);
C.5.14.8.1.4 Social Security Death Master File (SSDMF);
C.5.14.8.1.5 National Plan and Provider Enumeration System (NPPES);
C.5.14.8.1.6 Licensure board data from all other States;
C.5.14.8.1.7 National Practitioner Data Bank (NPDB);
C.5.14.8.1.8 Provider Enrollment, Chain and Ownership System (PECOS); and
C.5.14.8.1.9 Systematic Alien Verification for Entitlements (SAVE) Program

C.5.14.8.1.9.1 The District requires the verification of lawful presence in the United States for public
benefits, public contractors and public employees.
C.5.14.8.1.9.2 All individual providers are required to complete the United States Citizenship Attestation
Form.
C.5.14.8.1.9.3 All individual providers who disclose an immigration status and alien number are required
to be screened against the SAVE database verify lawful presence and eligibility to work in
the United States.
C.5.14.8.1.10 Provider data feed from the Department of Health (DOH), at least weekly. This data
should include licensure information, sanction, and revocation data. The system should
update the provider’s record with what is received from DOH.
C.5.14.8.1.11 As applicable, at the time of initial enrollment, the Contractor shall utilize appropriate
sources to verify the provider has a valid license in the practicing jurisdiction and that the
license has no restrictions in any state in which the provider claims to be licensed.
C.5.14.8.1.12 The Contractor shall utilize the District of Columbia Controlled Substances database to
show whether a provider is active on this database.
C.5.14.8.1.13 The Contractor shall utilize the DEA interface to show if the provider has active
participation.

C.5.14.8.2 Initial Database Check and License Check Adverse Findings

C.5.14.8.2.1 If provider, owner, or managing employee fails initial database checks, the Contractor
shall issue a denial letter to the provider.

C.5.14.8.2.2 If the provider fails the initial license verification the Contractor shall issue a denial letter
to the provider.

C.5.14.8.3 Re-enrollment Database Check and License Check Adverse Findings

C.5.14.8.3.1 If the provider fails the license verification:

C.5.14.8.3.1.1 The Contractor shall refer provider application and supporting documentation to the
District within two business days of findings.

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C.5.14.8.3.1.2 The District will review and, if appropriate, issue the notice of intent to terminate letter
and handle any subsequent appeal made by the provider.

C.5.14.8.3.2 If the provider, owner, or managing employee fails the database check:

C.5.14.8.3.2.1 The Contractor shall refer provider application and supporting documentation to the
District within two business days of findings.
C.5.14.8.3.2.2 The District will review and, if appropriate, issue the notice of intent to terminate letter
and handle any subsequent appeal made by the provider.

C.5.14.9 Moderate Risk

C.5.14.9.1 The Contractor shall perform the Database Checks as defined in C.5.14.8.1.

C.5.14.9.2 Pre-enrollment Site Visit shall be performed by the Contractor.

C.5.14.9.2.1 Site Visits shall be performed after preliminary screening and database checks have been
completed and passed;
C.5.14.9.2.2 Visits must be unannounced; and
C.5.14.9.2.3 Use of Pre-Enrollment Site Visit checklist is required by the Contractor.

C.5.14.9.2.3.1 The checklist shall be signed by both the reviewer and the provider’s representative for the
site visit to be considered complete.

C.5.14.9.2.4 Photograph(s) shall be taken by the Contractor of the exterior of the provider location,
including sign and street address.
C.5.14.9.2.5 If the Contractor is unable to complete the site visit on the first attempt, a second attempt
must be made within ten business days.
C.5.14.9.2.6 Failure of Site Visit

C.5.14.9.2.6.1 If the provider fails the initial site visit, the Contractor shall issue a denial letter to the
provider.
C.5.14.9.2.6.2 If provider fails re-enrollment site visit:

C.5.14.9.2.6.2.1 The Contractor shall refer the provider application and supporting documentation to
the District within two business days of findings; and
C.5.14.9.2.6.2.2 The District will review and, if appropriate, issue the notice of intent to terminate letter
and handle any subsequent appeal made by the provider.

C.5.14.9.2.7 The District reserves the right to accept site visit results from other agencies, Medicare, or
other states.

C.5.14.9.3 Orientation Session

C.5.14.9.3.1 Notification must go out to the Provider/Supplier after the successful completion of
screening and site visits.
C.5.14.9.3.2 Provider/supplier has 30 business days from the date of the notice to attend a session.
C.5.14.9.3.3 Orientation sessions will be conducted by the fiscal agent.
C.5.14.9.3.4 Non-compliance renders the application denied.

C.5.14.9.4 Post-Enrollment Site Visit

C.5.14.9.4.1 Shall be conducted by the Contractor within one year of enrollment, but no sooner than
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three months of enrollment.
C.5.14.9.4.2 Visit must be unannounced.
C.5.14.9.4.3 Use of Pre-Enrollment Site Visit checklist is required by the Contractor.

C.5.14.9.4.3.1 Must be signed by both the reviewer and the provider’s representative for site visits to be
considered complete.

C.5.14.9.4.4 Photograph(s) shall be taken by the Contractor of the exterior of the provider location,
including sign and a street address.
C.5.14.9.4.5 If the Contractor is unable to complete the site visit on the first attempt, a second attempt
must be made within ten business days.
C.5.14.9.4.6 If provider fails post-enrollment site visit:

C.5.14.9.4.6.1 The Contractor shall refer provider application and supporting documentation to the
District within two business days of findings; and
C.5.14.9.4.6.2 The District will review and, if appropriate, issue the termination letter and handle any
subsequent appeal made by the provider.

C.5.14.10 High Risk

C.5.14.10.1 The Contractor shall perform the Database Checks as defined in C.5.14.8.1.
C.5.14.10.2 Pre-Enrollment Site Visits shall be performed by the Contractor as defined in C.5.14.9.2.
C.5.14.10.3 The Contractor shall perform Orientation Session as defined in C.5.14.9.3.
C.5.14.10.4 The Contractor shall collect fingerprints from all high-risk providers and any person with
a 5% or more direct or indirect ownership interest in a high-risk provider**
C.5.14.10.5 Criminal background check must be conducted by the Contractor on all high-risk
providers and any person with a 5% or more direct or indirect ownership interest in a
high-risk provider**
C.5.14.10.6 Post-Enrollment Site Visits must be performed by the Contractor as defined in C.5.14.9.4.

**The PDMS solution must comply with CMS’ latest guidelines for criminal background
checks and fingerprinting.

C.5.14.11 Providers that complete enrollment, re-enrollment, or reactivation shall be sent a written
confirmation notice within two business days of the Contractor completing all screening
and enrollment activities, including District sign-off. Notice must include:

C.5.14.11.1 Provider Identification Number
C.5.14.11.2 New enrollment eligibility dates
C.5.14.11.3 Instructions on how to update provider information before the next revalidation
C.5.14.11.4 Customer service phone number(s) and hours
C.5.14.11.5 District and Contractor’s Website

C.5.15 Monthly Database Checks

The Contractor shall:

C.5.15.1 Monthly all enrolled providers, group members, and any individuals or entities identified
on the District Ownership/Controlling Interest and Conviction Disclosure form as an
owner or managing employee shall must be screened against the OIG LEIE, the
EPLS/SAM, MED, SSDMF, and NPDB databases, or any other appropriate State
Medicaid program sanction list.

C.5.15.2 Upon receipt of the provider application the provider, group members, and any individuals
or entities identified on the District Ownership/Controlling Interest and Conviction
Disclosure form shall be included in the monthly database checks.
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C.5.15.3 If provider, owner, or managing employee fails a monthly database check:

C.5.15.3.1 The Contractor shall report findings and supporting documentation to the District within
two business days of the findings.
C.5.15.3.2 The District will review and, if appropriate, issue a termination letter and handle any
subsequent appeal made by the provider.

C.5.16 Provider Revalidation

The Contractor shall ensure:

C.5.16.1 All enrolled providers shall have their enrollment revalidated on a routine schedule
determined by federal and District regulations. The current regulations state that high-risk
providers be revalidated every three years, and all other Medicaid providers be revalidated
at least every five years regardless of provider type. The Contractor shall perform the
provider revalidation. Revalidation includes all the same screening elements as
appropriate for the provider type. Application fees are collected for Medicaid revalidation.

C.5.16.2 The Contractor shall give providers written notice before the predetermined eligibility end
date that their enrollment is due for revalidation. Notice must include:

C.5.16.2.1 Information and instructions regarding all screening and enrollment activities required for
their provider type;
C.5.16.2.2 Required forms, attachments, and addendums;
C.5.16.2.3 The date upon which their current eligibility will end based on their original Provider
agreement date;
C.5.16.2.4 Address and/or website for submitting forms, attachments, and addendums; and
C.5.16.2.5 Contractor’s Customer Service phone number and hours.

C.5.16.3 Notices are sent as reminders of revalidation requirements. The frequency of these notices
is subject to District approval.

C.5.16.3.1 Initial notices will be forwarded to the affected provider(s) at least ninety days before the
eligibility end date, stating the need for the provider to re-enroll to remain an active
District provider.
C.5.16.3.2 Non-responsive providers shall be sent a notice of intent to terminate, clearly marked as
such, sixty days from the end date stated in the 90-day letter, also known as the Provider
agreement date.
C.5.16.3.3 Providers that remain non-responsive after the notice of intent to terminate shall be sent a
final notice of termination thirty days from the eligibility end date that the current service
provider agreement will be terminated effective on the predetermined eligibility end date.
C.5.16.3.4 Referral to the District for termination must include copies of all notices and
documentation of all provider contact throughout the 90 days.

C.5.16.4 Providers who complete revalidation shall be sent a written confirmation notice within
two business days of the Contractor completing screening and enrollment activities.
Notice shall include:

C.5.16.4.1 Provider Identification Number
C.5.16.4.2 New enrollment eligibility dates
C.5.16.4.3 Instructions on how to update provider information before the next revalidation
C.5.16.4.4 Customer service phone number(s) and hours
C.5.16.4.5 District and Contractor’s website
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C.5.16.5 Based on November 2019 counts, the expected volume of providers includes
approximately 24,280 solo practitioners, provider groups, and institutional providers.

C.5.17 Moratoria

The Contractor shall ensure:

C.5.17.1 Temporary moratoria on the enrollment of new providers or provider types identified as
posing an increased risk to the Medicaid program shall be enforced by the Contractor as
imposed by the Secretary of the U.S. Department of Health and Human Services and/or
the District. Moratoria are imposed for an initial period of six months and may be
extended for additional six-month increments.

C.5.17.2 The District may determine that the imposition of a moratorium would adversely affect
client access to medical care; therefore, the Contractor shall receive approval in writing
from the District before enforcing any moratoria imposed by the Secretary.

C.5.17.3 In addition to moratoria, the District may impose numerical caps or other limits that the
District has identified as having significant potential for fraud, waste, or abuse and that the
Secretary has identified as being at high risk for fraud, waste, or abuse. Any such
moratoria, caps, or limits imposed by the District will be communicated in writing to the
Contractor before the effective date of said moratoria, caps, or limits.

C.5.18 Notify District of Adverse Screening Findings

C.5.18.1 Daily, the Contractor shall provide information regarding adverse findings to enable the
District to take appropriate and timely denial or termination action.

C.5.19 Provider Screening and Enrollment File Documentation

C.5.19.1 The Contractor shall make copies of the screening and enrollment file of each provider
upon District request within 3 business days.

C.5.20 Report Fraud

C.5.20.1 The Contractor shall refer all potential fraud to the District for further investigation and
intervention within two business days of identification.

C.5.21 Appeals

C.5.21.1 The Contractor shall support the District in all administrative and judicial appeals at all
levels related to provider screening and enrollment findings and decisions, i.e. denial or
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termination of a provider. This may include, but is not limited to, preparing and presenting
testimony and exhibits, and providing witnesses to support the findings and decisions.

C.5.22 Reports

C.5.22.1 The Contractor shall provide the information and types of reports to the District on a
schedule determined through the contract. Reports, in general, will be discussed during the
JAD sessions and the current list may change before implementation.

C.5.23 Ad-Hoc Reports

C.5.23.1 The Contractor shall provide ad-hoc studies and reports as required by the District.
Reports, in general, will be discussed during the JAD sessions and the current list may
change before implementation.

C.5.24 Terminations

C.5.24.1 Should a provider be terminated, the Contractor shall be responsible for scanning and
retaining, or electronically capturing, a copy of all letters referencing the provider’s
termination, and ensuring the provider status is deemed terminated once notified of the
District’s action against the Provider.

C.5.25 Correspondence

C.5.25.1 The Contractor shall be responsible for electronically capturing and retaining a copy of all
correspondence with Providers.

C.5.26 Audits

C.5.26.1 The Contractor shall support the District in all audits at all levels related to the PDMS.
This may include, but is not limited to, preparing and presenting testimony and exhibits,
and providing witnesses to support the findings and decisions.

C.5.27 Provider Customer Service

C.5.27.1 The Contractor shall provide customer services for providers to assist with:

C.5.27.1.1 CHAT functionality;
C.5.27.1.2 Help for the provider with applications;
C.5.27.1.3 Application status requests; and
C.5.27.1.4 Other providers program-related information as needed to assist providers in accessing
information to complete applications or revalidations to an approved status.

C.5.27.2 The Contractor shall provide a call center to address Provider inquiries about applications,
enrollment, revalidation, etc. The Call Center shall include, at a minimum, the following:

C.5.27.2.1 Toll-Free Numbers and PDM Help Desks

C.5.27.2.1.1 The Contractor shall provide toll-free numbers for providers.

C.5.27.2.1.2 The Contractor shall provide a toll-free number that incorporates, minimally, the
following features:

C.5.27.2.1.2.1 Touch-tone routing;
C.5.27.2.1.2.2 Adequate number of incoming lines to handle the phone traffic without adversely
affecting the providers’ ability to get through to the call center;
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C.5.27.2.1.2.3 The features, staffing, and capacity to accommodate the hearing impaired with Telephone
Device for the Deaf (TDD) and Teletype Device for the Deaf (TDL), and the visually
impaired.

C.5.27.2.1.3 The Contractor shall always provide access to qualified trained representatives through the
Contractor’s Provider Help Desk.

C.5.27.2.1.4 The Contractor shall provide the capability to route a provider’s call to the MMIS call
center if the provider has called the PDM call center by mistake.

C.5.27.2.2 Automated Call System
The Contractor shall provide an automated call system capable of logging:

C.5.27.2.2.1 Number of calls received;
C.5.27.2.2.2 Speed in which each call was answered measured by the number of seconds before the call
was answered;
C.5.27.2.2.3 Ring busy rate;
C.5.27.2.2.4 Length of time a call was placed on hold;
C.5.27.2.2.5 Abandon rate;
C.5.27.2.2.6 Transfer time of each call as applicable;
C.5.27.2.2.7 Nature of the call; and
C.5.27.2.2.8 Action to be taken in response to the call.

C.5.27.2.3 Web Site
The Contractor shall review and update the website content, at a minimum, on a time basis
to be agreed upon, or as new information is made available.

C.5.28 Support Services

The Contractor shall provide the following services in support of the District’s providers
and any associated programs:

C.5.28.1 Staff Training and Development

C.5.28.1.1 The Contractor shall develop and provide training to its staff concerning the PDMS and
operational procedures required to perform the Contractor's functions under the contract.

C.5.28.1.2 Regularly train its District-dedicated team of Customer Service Representatives (CSRs) on
the specific components of the DC Provider Data Management and Services Programs.

C.5.28.1.3 Provide training on its PDMS functions and features to any defined District staff and other
Contractor staff including:

C.5.28.1.3.1 Training of new District and Contractor staff
C.5.28.1.3.2 Training updates regarding the development and implementation of new policies or
procedures.

C.5.28.1.4 Provide training materials, including training manuals and visual aids, for all training
sessions.

C.5.28.1.5 Develop and maintain a plan for job rotation and cross-training of Contractor’s staff to
ensure that all functions can be adequately performed during the absence of staff for any
reason.

C.5.28.1.6 Designate trained staff capable of performing the functions of sensitive positions when the
primary staff member is absent on consecutive business days.
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C.5.28.2 Problem Resolution / Escalation
The Contractor shall provide 24/7 “on-call” contact information (e.g., telephone numbers,
email addresses) with the CA as Contractor personnel are added or changed to facilitate
timely resolutions.

C.5.28.3 Batch Reporting
The Contractor shall provide all reports as approved in the DDI contract phase.

C.5.28.4 Online Reporting
The Contractor shall provide the District with access to reports which show work in
queue, work completed by worker, aging statistics, status of each application and how
long in that status, etc. in real-time.

C.5.28.5 Ad-hoc Reporting

The Contractor shall:

C.5.28.5.1 Maintain a query language and tool for ad-hoc reporting. The District reserves the right to
produce internal ad-hoc reports using this tool.
C.5.28.5.2 Produce scheduled reports and notifications, and allow the District to view all reports
generated
C.5.28.5.3 Provide a query language and tool that can query provider data with user-defined
parameters and filters.
C.5.28.5.4 Provide on-site query language and tool training in Washington, DC to representatives of
the District.
C.5.28.5.5 Provide on-staff resource(s) capable of providing 24-hour turnaround on most (80% or
more) District requests for ad hoc reports.

C.5.28.6 Quality Control and Assurance

The Contractor shall provide:

C.5.28.6.1 A web-enabled issues log, allowing the District to view updates and progress daily, which
includes documentation and status updates on any outstanding account service issues.
This data will be used as an artifact in the weekly status meetings;
C.5.28.6.2 Automated reports of operational activities including quality control sampling of specific
transactions;
C.5.28.6.3 Quarterly reports of the coordinator's quality control and assurance activities, findings, and
corrective actions, including findings of quarterly web site content review and updates
applied;
C.5.28.6.4 Notification to the CA or his designee of any problems or system-related issues,
programming problems, or data transfer problems within the business day of the
Contractor becomes aware of such issues.

C.5.29 Key Personnel

C.5.29.1 General Requirements

C.5.29.1.1 The Contractor shall ensure the key personnel and their immediate staff shall provide the
services in their District of Columbia location to meet the requirements of the contract and
perform the minimum qualification of each job function.

C.5.29.1.2 The Contractor shall ensure one member of the Key Personnel team shall be consistently
responsible for coordination and liaison with DHCF.
C.5.29.2 Minimum Qualifications
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C.5.29.2.1 Senior Account Manager:
C.5.29.2.1.1 At least three years as an account executive or in a major supervisory role for a
government or private sector healthcare payer; and
C.5.29.2.1.2 Bachelor’s degree.
C.5.29.2.2 Project Manager/Account Manager:
C.5.29.2.2.1 At least three years as a Manager for a similar system, preferably with a health care
component;
C.5.29.2.2.2 Previous experience with an MMIS, or with major components of an operational MMIS;
and
C.5.29.2.2.3 Project Management Professional (PMP) certification by the Project Management Institute
(PMI) or have a comparable project management certification.
C.5.29.2.3 Technical Lead:
C.5.29.2.3.1 At least four years of experience in development and/or real-time system operation
experience in a lead role in a PDMS or similar system; and
C.5.29.2.3.2 Bachelor’s degree in Computer Science or related field or six years’ experience in place of
degree.
C.5.29.2.4 Provider Relations Manager:
C.5.29.2.4.1 At least three years’ experience managing the provider relations function in Medicaid or
other major public or private health care program; and
C.5.29.2.4.2 At least three years’ experience with PDMS, MMIS, or a similar system.
C.5.29.2.5 Analyst/Programmer:

C.5.29.2.5.1 Degree from accredited four-year college or university; and
C.5.29.2.5.2 At least three years’ experience in implementing Provider policy and program changes or
similar experience.

C.5.29.2.6 Business Analyst:
C.5.29.2.6.1 Degree from accredited four-year college or university or 5 years appropriate experience
in a similar field;
C.5.29.2.6.2 At least three years’ experience in analyzing Provider policy and resulting business
process changes or similar experience; and
C.5.29.2.6.3 Excellent oral and writing skills.

C.5.29.2.7 Customer Service Representatives:
C.5.29.2.7.1 Degree from accredited four-year college or university or appropriate experience in a
similar field;
C.5.29.2.7.2 Excellent oral and writing skills; and
C.5.29.2.7.3 Previous Customer Service experience with the Contractor’s PDMS system or similar
experience preferred.

C.5.29.2.8 A monthly updated organizational chart of the Contractor’s resources assigned to the
District’s PDMS.

C.5.30 The Contractor shall perform all requirements remotely/virtually.

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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
numbers six (6), Inspection of Services of the Government of the District of Columbia's Standard
Contract Provisions for use with Supplies and Services Contracts, dated July 2010. (Attachment
J.1)
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SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT

The term of the contract shall be from January 7, 2025 through January 6, 2026.

F.1.2 The Letter Contract awarded to the Contractor on December 26, 2024, for the period from
January 7, 2025, to April 6, 2025, is hereby incorporated into and merged with this contract.

F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT

F.2.1 The District may extend the term of this contract for a period of one (1), one-year option
periods, or successive fractions thereof, by written notice to the Contractor before the
expiration of the contract; provided that the District will give the Contractor preliminary
written notice of its intent to extend at least thirty (30) days before the contract expires. The
preliminary notice does not commit the District to an extension. The exercise of this option is
subject to the availability of funds at the time of the exercise of this option. The Contractor
may waive the thirty (30) day preliminary notice requirement by providing a written waiver
to the Contracting Officer prior to expiration of the contract.

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

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

F.2.4 The total duration of this contract, including the exercise of any options under this clause,
shall not exceed two (2) years.

F.3 DELIVERABLES

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

CLIN Deliverable Quantity Format/Method of
Delivery Due Date
0001 Annual screening and
Enrollment Plan (C.5.7.1) 1 Word/Email
Annually within 30
days of written
request
0001 Provider Outreach Plan
(C.5.7.2) 1 Word/Email
Annually within 30
days of written
request
0001 SLA Report Card
(C.5.7.3) 1 Word/Email Monthly
0001 Organizational Chart
(C.5.29.2.8) 1 Word/Email Monthly

F.3.1 The Contractor shall submit to the District, as a deliverable, the report described in section
H.5.5 which 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, the District shall not make final payment to the Contractor pursuant to section
G.3.2.

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SECTION G: CONTRACT ADMINISTRATION

G.1 INVOICE PAYMENT

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

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

G.2 INVOICE SUBMITTAL

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

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

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

G.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.21.5.

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

G.4 PARTIAL PAYMENT

G.4.1 Unless otherwise specified in this contract, payment will be made on partial deliveries of
goods and services accepted by the District if:

G.4.1.1 The amount due on the deliveries warrants it; or

G.4.1.2 The Contractor requests it and the amount due on the deliveries is in accordance with the
following:

G.4.1.2.1 Payment will be made on completion and acceptance of each item in accordance with the
agreed upon delivery schedule and price schedule;

G.4.1.2.2 Contractor shall invoice for payment 1/12th of the total monthly so long as the system is
operational and without outages as indicated in subsection J.14 SLAs.;

G.4.1.3 Presentation of a properly executed invoice.

G.4.1.3.1 Prior receipt of the SLA Report Card is a condition precedent to a proper 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 1.5% per month. No
interest penalty shall be paid if payment for the completed delivery of the item of property or
service is made on or before the required payment date. The required payment date shall be:

G.6.1.1.1 The date on which payment is due under the terms of the contract;

G.6.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of delivery of meat or
meat food products;

G.6.1.1.3 Not later than 10 calendar days, excluding legal holidays, after the date of delivery of a
perishable agricultural commodity; or

G.6.1.1.4 30 calendar days, excluding legal holidays, after receipt of a proper invoice for the payment
due.

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

G.6.1.2.1 3rd day after the required payment date for meat or a meat food product;

G.6.1.2.2 5th day after the required payment date for an agricultural commodity; or

G.6.1.2.3 15th day after any other required payment date.

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

G.6.2 Payments to Subcontractors

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

G.6.2.1.1 Pay the subcontractor(s) for the proportionate share of the total payment received from the
District that is attributable to the subcontractor(s) for work performed under the contract; or

G.6.2.1.2 Notify the CO and the subcontractor(s), in writing, of the Contractor’s intention to withhold
all or part of the subcontractor’s payment and state the reason for the nonpayment.

G.6.2.2 The Contractor must pay any subcontractor or supplier interest penalties on amounts due to
the subcontractor or supplier beginning on the day after the payment is due and ending on
the date on which the payment is made. Interest shall be calculated at the rate of at least
1.5% per month. No interest penalty shall be paid on the following if payment for the
completed delivery of the item of property or service is made on or before the:

G.6.2.2.1 3rd day after the required payment date for meat or a meat product;

G.6.2.2.2 5th day after the required payment date for an agricultural commodity; or
G.6.2.2.3 15th day after any other required payment date.

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

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

G.6.3 Subcontract requirements. The Contractor shall include in each subcontract under this
contract a provision requiring the subcontractor to include in its contract with any lower-tier
subcontractor or supplier the payment and interest clauses required under paragraphs (1) and
(2) of D.C. Official Code § 2-221.02(d).

G.7 CONTRACTING OFFICER (CO)

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

Tracy Williams
Contracting Officer
Office of Contracting and Procurement
441 4th Street NW Suite 330S
Washington, DC 20001
202-899-3657
Tracy.williams2@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.

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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 (CA)
G.9.1 The CA is responsible for general administration of the contract and advising the CO as to
the Contractor’s compliance or noncompliance with the contract. The CA has the
responsibility of ensuring the work conforms to the requirements of the contract and such
other responsibilities and authorities as may be specified in the contract. These include:
G.9.1.1 Keeping the CO fully informed of any technical or contractual difficulties encountered during
the performance period and advising the CO of any potential problem areas under the contract;
G.9.1.2 Coordinating site entry for Contractor personnel, if applicable;
G.9.1.3 Reviewing invoices for completed work and recommending approval by the CO if the
Contractor’s costs are consistent with the negotiated amounts and progress is satisfactory and
commensurate with the rate of expenditure;
G.9.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and services.
This includes the timely processing of invoices and vouchers in accordance with the
District’s payment provisions; and
G.9.1.5 Maintaining a file that includes all contract correspondence, modifications, records of
inspections (site, data, equipment) and invoice or vouchers.
G.9.2 The address and telephone number of the CA is:

TBD
G.9.3 The CA shall NOT have the authority to:

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

G.9.4 The Contractor will be fully responsible for any changes not authorized in advance, in
writing, by the CO; may be denied compensation or other relief for any additional work
performed that is not so authorized; and may also be required, at no additional cost to the
District, to take all corrective action necessitated by reason of the unauthorized changes.

G.10 ORDERING CLAUSE

G.10.1 Any supplies and services to be furnished under this contract must be ordered by issuance of
delivery orders or task orders by the CO. Such orders may be issued during the term of this
contract.
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G.10.2 All delivery orders or task orders are subject to the terms and conditions of this contract. In
the event of a conflict between a delivery order or task order and this contract, the contract
shall control.
G.10.3 If mailed, a delivery order or task order is considered "issued" when the District deposits the
order in the mail. Orders may be issued by facsimile or by electronic commerce methods.

LEFT BLANK INTENTIONALLY
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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 goals and objectives for utilization of bona fide residents
of the District of Columbia in each project’s labor force:

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

The Contractor shall be bound by the Wage Determination No. 2015-4281, Revision 24,
dated June 27, 2022, issued by the U.S. Department of Labor in accordance with the Service
Contract Act, 41 U.S.C. § 351 et seq., and incorporated herein as Section J.2. The Contractor
shall be bound by the wage rates for the term of the contract subject to revision as stated
herein and in accordance with clause 24 of the SCP. If an option is exercised, the
Contractor shall be bound by the applicable wage rates at the time of the exercise of the
option. If the option is exercised and the CO obtains a revised wage determination, the
revised wage determination is applicable for the option periods and the Contractor may be
entitled to an equitable adjustment.

The Contractor and DHCF agree that if the Department of Labor Wage Determination
increases or decreases, at any point throughout the duration of the contract, the Contractor’s
total price shall be adjusted to reflect the increase or decrease. The Contractor shall submit to
the Contracting Officer sufficient detail information, including but not limited to, reporting,
data, and pricing to justify the new proposed cost increase or decrease. If the information
provided is not sufficient and does not justify a price increase, the Contracting Officer
reserves the right to deny the request for an equitable adjustment.

H.3 PREGNANT WORKERS FAIRNESS

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

H.3.2 The contractor shall not:

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

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

(1) Pay;
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(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

(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 shall not consider or
hire an individual for employment based on that individual's status as unemployed.

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

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

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

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

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

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

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

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H.6 SECTION 504 OF THE REHABILITATION ACT OF 1973, as amended.

During the performance of the contract, the Contractor and any of its independent
Contractors shall comply with section 504 of the Rehabilitation Act of l973, as amended.
This Act prohibits discrimination against disabled people in federally funded programs and
activities. See 29 U.S.C. §§ 794 et seq.

H.7 AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)

During the performance of this contract, the Contractor and any of its independent
contractors shall comply with the ADA. The ADA makes it unlawful to discriminate in
employment against a qualified individual with a disability. See 42 U.S.C. §§ 12101 et seq.

H.8 RESERVED

H.9 SUBCONTRACTING REQUIREMENTS

H.9.1 Mandatory Subcontracting Requirements

H.9.1.1 In accordance to B.5, Special Provisions Related to the COVID-19 Emergency, all contracts
in excess of $250,000, at least 35% of the dollar volume of the contract shall be
subcontracted to qualified small business enterprises (SBEs).

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

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

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

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

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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. 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 The Contractor shall submit a quarterly report to the CO, CA, District of Columbia Auditor
and the Director of DSLBD. The quarterly report shall include the following information for
each subcontract identified in the subcontracting plan:

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

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

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.

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

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

H.10 FAIR CRIMINAL RECORD SCREENING

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

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

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

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

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

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

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

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

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

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

H.11.2 Continuous contract performance evaluations and program monitoring.

H.11.3 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 (10)
business days of submission of deliverables.
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H.11.4 Monitor and evaluate Contractor compliance with the requirements of this Contract and
impose sanctions when necessary.

H.11.5 Conduct a timely review of all materials submitted to the agency by the Contractor as
required.

H.11.6 Maintain adequate liaison and cooperation with the Contractor, including providing timely
management decisions and approvals of forms and procedures to enable the Contractor to
properly perform contractual duties.

H.11.7 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 The Contractor shall provide sufficient staff devoted to delivering the requirements outlined
in this contract. The Contractor shall ensure that its staff responds to the CA requests for
documents and information. The Contractor’s staff shall respond to the CA’s questions and
requests in a timely and efficient manner.

H.12.2 All deliverables, materials or other submissions provided by the Contractor must meet the
form and content requirements specified by DHCF. Such deliverables or other materials are
subject to agency approval.

H.12.3 If DHCF determines that a deliverable cannot be approved, the Contractor will have a cure
period beginning with notice from the agency that the deliverable is not approved. The cure
period will last for ten (10) business days from the notice of deliverable rejection. If, at the
end of the cure period, the deliverable(s) submitted by the Contractor cannot be approved by
the agency, the agency may, at its sole discretion, withhold all or part of the next monthly
payment and any subsequent payments until the deliverable(s) are acceptable to the agency.

H.13 HIPAA BUSINESS ASSOCIATE COMPLIANCE

See Attachment J.8, DHCF Business Associate Agreement

H.14 CMS REQUIRED PROVISIONS

H.14.1 The state or local government will have all ownership rights in software or modifications
thereof and associated documentation designed, developed or installed with federal financial
participation (FFP). [45 CFR 95.617(a)]

H.14.2 The Federal government reserves a royalty-free, non-exclusive, and irrevocable license to
reproduce, publish, or otherwise use and to authorize others to use for Federal government
purposes, such software, modifications, and documentation. [45 CFR 95.617(b)]

H.14.3 Proprietary operating/contractor software packages which are provided at established catalog
or market prices and sold or leased to the general public shall not be subject to the ownership
provisions in paragraphs (a) and (b) of this section. FFP is not available for proprietary
applications software developed specifically for the public assistance programs covered
under this subpart. [45 CFR 95.617(c)]

H.14.4 Contractor is not permitted to use program data for independent projects without prior
written permission from the state. [SMM 2083.5]
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H.14.5 The right of HHS (CMS) to conduct evaluation of services performed by the contractor and
for audit and inspection of contractor records. [SMM 2080.9]

H.14.6 No subcontract terminates the legal responsibility of the (prime) contractor to the agency to
assure that all activities under the contract are carried out. [42 CFR 434.6 (c) & SMM
2081.2]

H.14.7 Contract includes termination procedures that require the contractor to promptly supply all
materials necessary for continued operation of systems, including:
H.14.7.1 computer programs
H.14.7.2 data files user and operations manuals
H.14.7.3 system and program documentation
H.14.7.4 training programs related to the operation and maintenance of the system [42 CFR 434.10 (b)
& SMM 2082.2]

H.15 FNS REQUIRED PROVISIONS

H.15.1 Compliance with Executive Order 11246 related to Equal Employment Opportunity.

H.15.2 Compliance with Clean Air Act:
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of $150,000
must contain a provision that requires the non-Federal award to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office
of the Environmental Protection Agency (EPA). (2 CFR 200, Subpart F, Appendix II).

H.15.3 Compliance with the Clean Water Act (33 U.S.C. 1251-1387).

H.15.4 Compliance with “Anti-Kickback” Act, 40 USC §276c and 18 USC §874 The Copeland:
The “Anti-Kickback” section of the Act precludes a contractor or sub-contractor from
inducing an employee to give up any part of the compensation to which he or she is entitled
under his or her contract of employment. The Act also requires the contractor and sub-
contractor to submit a weekly statement of the wages paid to each employee performing on
covered work during the preceding payroll period.

H.15.5 Compliance with the Anti-Lobbying Act:
This Act prohibits the recipients of Federal contracts, grants, and loans from using
appropriated funds for lobbying the Executive or Legislative branches of the Federal
government in connection with a specific contract, grant, or loan. As required by Section
1352, Title 31 of the U.S. Code and implemented at 2 CFR 200, Subpart F, Appendix II, for
persons entering into a grant or cooperative agreement over $100,000, as defined at 31
U.S.C. 1352, the applicant certifies that:

H.15.5.1 No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with the making of any federal grant, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal grant or cooperative agreement;

H.15.5.2 If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
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Congress in connection with this federal grantor o cooperative agreement, the undersigned
shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying,” in
accordance with its instructions;

H.15.5.3 The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including sub-grants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub-recipients shall certify and
disclose accordingly.

H.15.6 Compliance with Americans with Disabilities Act:
This Act (28 CFR Part 35, Title II, Subtitle A) prohibits discrimination on the basis of
disability in all services, programs, and activities provided to the public and State and local
governments, except public transportation services.

H.15.7 Compliance with Drug-Free Workplace requirements:
The Federal government implemented 41 U.S. Code § 8103, Drug-free workplace
requirements for Federal grant recipients in an attempt to address the problems of drug abuse
on the job. It is a fact that employees who use drugs have less productivity, a lower quality of
work, higher absenteeism, and are more likely to misappropriate funds or services. From this
perspective, the drug abuser may endanger other employees, the public at large, or
themselves. Damage to property, whether owned by this entity or not, could result from drug
abuse on the job. All these actions might undermine public confidence in the services this
entity provides. Therefore, in order to remain a responsible source for government contracts,
the following guidelines have been adopted:

H.15.7.1 The unlawful manufacture, distribution, dispensation, possession or use of a controlled
substance is prohibited in the workplace.

H.15.7.2 Violators may be terminated or requested to seek counseling from an approved rehabilitation
service.

H.15.7.3 Employees must notify their employer of any conviction of a criminal drug statute no later
than five days after such conviction.

H.15.7.4 Contractors of federal agencies are required to certify that they will provide drug-free
workplaces for their employees.

H.15.8 Transactions subject to the suspension/debarment rules (covered transactions) include grants,
subgrants, cooperative agreements, and prime contracts under such awards. Subcontracts are
not included. Also, the dollar threshold for covered procurement contracts is $25,000.
Contracts for Federally required audit services are covered regardless of dollar amount.

H.15.9 Compliance with suspension/debarment requirements:
Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR
180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3
CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contain the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(2 CFR 200, Subpart F, Appendix II)

H.15.10 FNS has royalty-free rights to use software and documentation developed (2 CFR 200.315
Intangible property):

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H.15.10.1 Title to intangible property (see §200.59 Intangible property) acquired under a Federal award
vests upon acquisition in the non-Federal entity. The non-Federal entity must use that
property for the originally authorized purpose and must not encumber the property without
approval of the Federal awarding agency. When no longer needed for the originally
authorized purpose, disposition of the intangible property must occur in accordance with the
provisions in §200.313 Equipment paragraph (e).

H.15.10.2 The non-Federal entity may copyright any work that is subject to copyright and was
developed, or for which ownership was acquired, under a Federal award. The Federal
awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce,
publish, or otherwise use the work for Federal purposes, and to authorize others to do so.

H.15.10.3 The non-Federal entity is subject to applicable regulations governing patents and inventions,
including government wide regulations issued by the Department of Commerce at 37 CFR
Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Awards, Contracts and Cooperative Agreements.”

H.15.10.4 The Federal Government has the right to:

H.15.10.4.1 Obtain, reproduce, publish, or otherwise use the data produced under a Federal award;
and

H.15.10.4.2 Authorize others to receive, reproduce, publish, or otherwise use such data for Federal
purposes.

H.15.11 Required Federal Assurances of FNS Handbook 901. For reference, Appendix F in FNS
Handbook 901 provides the Federal clauses: https://fns-
prod.azureedge.net/sites/default/files/resource-files/HB901v2.4.pdf

H.16 DIVERSION, REASSIGNMENT AND REPLACEMENT OF KEY PERSONNEL

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

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SECTION I: CONTRACT CLAUSES

I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS
The Standard Contract Provisions for use with District of Columbia Government Supplies and
Services Contracts dated July 2010 (“SCP”) are incorporated as part of the contract. To obtain a
copy of the SCP go to http://ocp.dc.gov, under Quick Links click on “Required Solicitation
Documents”.

I.2 CONTRACTS THAT CROSS FISCAL YEARS
Continuation of this contract beyond the current fiscal year is contingent upon future fiscal
appropriations.

I.3 CONFIDENTIALITY OF INFORMATION
The Contractor shall keep all information relating to any employee or customer of the District in
absolute confidence and shall not use the information in connection with any other matters; nor
shall it disclose any such information to any other person, firm, or corporation, in accordance
with the District and federal laws governing the confidentiality of records.

I.4 TIME
Time, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless
otherwise stated herein.

I.5 RIGHTS IN DATA
Delete Article 42, Rights in Data, of the Standard Contract Provisions dated July 2010 for use
with District of Columbia Government Supplies and Services Contracts and substitute the
following Article 42, Rights in Data) in its place:

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

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

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:

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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 patents, trademarks, and
copyrights. Contractor hereby agrees to take all necessary and appropriate steps to ensure
that the Custom Products are protected against unauthorized copying, reproduction, and
marketing by or through Contractor.

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

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

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

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

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

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

I.6 OTHER CONTRACTORS
The Contractor shall not commit or permit any act that will interfere with the performance of
work by another District contractor or by any District employee.

I.7 SUBCONTRACTS
The Contractor hereunder shall not subcontract any of the Contractor’s work or services to any
subcontractor without the prior written consent of the CO. Any work or service so subcontracted
shall be performed pursuant to a subcontract agreement, which the District will have the right to
review and approve prior to its execution by the Contractor. Any such subcontract shall specify
that the Contractor and the subcontractor shall be subject to every 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 submit a Certificate of Insurance to the Contracting Officer (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.

The Government of the District of Columbia shall be included in all policies, where applicable
and allowable by law, required hereunder to be maintained by the Contractor and its
subcontractors (except for workers’ compensation and professional liability insurance) as an
additional insureds for claims against The Government of the District of Columbia relating to
this contract, with the understanding that any affirmative obligation imposed upon the insured
Contractor or its subcontractors (including without limitation the liability to pay premiums) shall
be the sole obligation of the Contractor or its subcontractors, and not the additional insured. The
additional insured status under the Contractor’s and its subcontractors’ Commercial General
Liability insurance policies shall be effected using the ISO Additional Insured Endorsement form
CG 20 10 11 85 (or CG 20 10 07 04 and CG 20 37 07 04) or such other endorsement or
combination of endorsements providing coverage at least as broad and approved by the CO in
writing. All of the Contractor’s and its subcontractors’ liability policies (except for workers’
compensation and professional liability insurance) shall be endorsed using ISO form CG 20 01
04 13 or its equivalent so as to indicate that such policies provide primary coverage (without any
right of contribution by any other insurance, reinsurance or self-insurance, including any
deductible or retention, maintained by an Additional Insured) for all claims against the additional
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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
and under all subcontracts, covering claims for bodily injury, including without limitation
sickness, disease or death and mental anguish of any persons, broad form property damage,
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.

The Commercial General Liability shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage using ISO
form CG 2015 0413 (or it’s equivalent) to The Government of the District of
Columbia
b) Coverage available to the additional insureds shall apply on a primary and non-
contributing basis as respects any other insurance, deductibles, or self-insurance
available to the additional insureds
c) A waiver of subrogation in favor of The Government of the District of Columbia
d) Any Annual Aggregate shall apply on a per location or per project basis (where
applicable)
e) Defense costs shall be in addition to and not erode the limits of liability

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 in connection with work under this agreement, with a minimum combined single limit
of $1,000,000 for bodily injury or death and property damage, including loss of use thereof.
Such policy or policies of automobile liability insurance shall be written on an "occurrence" (as
opposed to a "claims made") basis.

Auto Physical Damage Coverage - The Contractor shall provide auto physical damage insurance
to cover "loss" to a covered "auto" or its equipment:

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a) Comprehensive - Fire, lightning or explosion; theft; windstorm, hail or earthquake;
flood; mischief or vandalism; or the sinking, burning, collision or derailment of any
conveyance transporting the covered "auto".
b) Collision Coverage - Caused by: The covered "auto's" collision with another object or
the covered "auto's" overturn.

The Commercial Auto Liability policy shall be further endorsed to:
a. To the fullest extent permitted by law, provide additional insured coverage to The
Government of the District of Columbia
b. Coverage available to the additional insureds shall apply on a primary and non-
contributing basis as respects any other insurance, deductibles, or self-insurance
available to the additional insureds
c. A waiver of subrogation in favor of The Government of the District of Columbia
d. Defense costs shall be in addition to and not erode the limits of liability
e. If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened Coverage
for Covered Autos - Business Auto, Motor Carrier and Truckers (or it’s equivalent)

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.

The Workers Compensation and Employers Liability shall be further endorsed to:
a) Include a Waiver of Subrogation in favor of The Government of the District of Columbia.
b) Where applicable, include United States Longshore and Harbor Workers Compensation
Act (USL&H)
c) Where applicable, include Jones Act Coverage for seamen or crew members on an “if
any” basis.

4. Technology Liability, Media Liability and Network Security/Privacy (Cyber) Liability Insurance
covering acts, errors, omissions, breach of contract, and violation of any consumer protection
laws arising out of Contractor’s operations or services with a limit of $5,000,000 per claim and
in the aggregate. Such coverage shall include but not be limited to, third party and first party
coverage for loss or disclosure of any data, including personally identifiable information and
payment card information, network security failure, violation of any consumer protection laws,
unauthorized access and/or use or other intrusions, infringement of any intellectual property
rights (except patent), unintentional breach of contract, negligence or breach of duty to use
reasonable care, breach of any duty of confidentiality, invasion of privacy, or violations of any
other legal protections for personal information, defamation, libel, slander, commercial
disparagement, negligent transmission of computer virus, or use of computer networks in
connection with denial of service attacks. Such coverage shall include regulatory defense and
fines/penalties in any jurisdiction anywhere in the world. Such coverage shall include contractual
privacy coverage for data breach response and crisis management costs that would be incurred
by Contractor on behalf of The Government of the District of Columbia in the event of a data
breach including legal and forensic expenses, notification costs, credit monitoring costs, and
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costs to operate a call center. Contractor shall maintain coverage in force during the term of this
Agreement and for an extended reporting period of not less than two (2) years after.

5. Professional Liability Insurance (Errors & Omissions) - The Contractor shall provide
Professional Liability Insurance (Errors and Omissions) to cover liability resulting from any
error or omission in the performance of professional services under this Contract. The policy
shall provide limits of $1,000,000 per claim or per occurrence for each wrongful act and
$2,000,000 annual aggregate. The Contractor warrants that any applicable retroactive date
precedes the date the Contractor first performed any professional services for the Government of
the District of Columbia and that continuous coverage will be maintained or an extended
reporting period will be exercised for a period of at least ten years after the completion of the
professional services. Limits may not be shared with other lines of coverage.

6. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence satisfactory to
the CO of commercial umbrella or excess liability insurance with minimum limits of $5,000,000
per occurrence and $5,000,000 in the annual aggregate, following the form and in excess of all
liability policies. All liability coverages must be scheduled under the umbrella and/or excess
policy. The insurance required under this paragraph shall be written in a form that annually
reinstates all required limits. Coverage shall be primary to any insurance, self-insurance or
reinsurance maintained by The Government of the District of Columbia and the “other
insurance” provision must be amended in accordance with this requirement and principles of
vertical exhaustion.

7. Crime Insurance (3rd Party Indemnity) - The Contractor shall provide a Crime policy including
3rd party fidelity to cover the dishonest acts of Contractors, its employees and/or volunteers
which result in a loss to the District. The Government of the District of Columbia shall be
included as loss payee. The policy shall provide a limit of $400,000 per occurrence.

C. SUBCONTRACTOR INSURANCE REQUIREMENTS
Any and all subcontractors engaged by Contractor for work under this agreement shall be
required to have the same insured required of Contractor. Should the Contractor 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 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. In either instance, the Contractor must provide proof of the subcontractor's
required insurance prior to commencement of work by the subcontractor.

D. 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.

E. DURATION. The Contractor shall carry all required insurance until all contract work is
accepted by The Government of 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.

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F. LIABILITY. These are the required minimum insurance requirements established by The
Government of the District of Columbia. However, it is understood that The Government of the
District of Columbia does not in any way represent that the insurance or the limits of insurance
specified herein are sufficient or adequate to protect your interests or liabilities and will not in
any way limit the contractor’s liability under this contract.

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

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

I. NOTIFICATION. The Contractor shall ensure that all policies provide that the CO shall be
given thirty (30) days prior written notice in the event of cancellation, non-renewal, or material
changes to the extent such cancellation or material changes results in Contractor no long
complying with the above requirements. 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. The Government of the District of Columbia may reasonably change the above
insurance coverage requirements during the Term by giving Contractor at least 30 days’ notice of
the change. Contractor must comply, at your expense, and deliver to the CO evidence of
compliance before the change becomes effective.

J. CERTIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days after
execution of this Agreement, certificates of insurance evidencing the required insurance
coverage and endorsements required herein. Contractor must also provide us with evidence of
renewal before the expiration date of each insurance policy. Contractor is responsible for
providing us with 30 days advanced written notice if the certificate of insurance by the insurer
has been canceled, reduced in coverage, or otherwise altered. Certificates of insurance must
reference the corresponding contract number. Evidence of insurance shall be submitted to:

The Government of the District of Columbia
ATTN: Tracy Williams, Contracting Officer
Office of Contracting and Procurement
441 4th Street, NW Suite 300S
Washington, DC 20001
(301) 899-3657
tracy.williams2@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
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coverage shall be submitted to the CO on an annual basis as the coverage is renewed (or
replaced).

K. DISCLOSURE OF INFORMATION. The Contractor agrees that The Government of the
District of Columbia may disclose the name and contact information of its insurers to any third
party which presents a claim against The Government of the District of Columbia 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.

L. 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 better (or the equivalent by any other rating agency) and licensed in
the District of Columbia.

M. WARRANTIES. When applicable, the Contractor should be named as an additional insured on
the applicable manufacturer’s/distributer’s Commercial General Liability policy using Insurance
Services Office, Inc. (“ISO”) form CG 20 15 04 13 (or another occurrence-based form with
coverage at least as broad). CO should collect, review for accuracy, and maintain all warranties
for goods and services.

I.9 EQUAL EMPLOYMENT OPPORTUNITY
In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order 85-
85 dated June 10, 1985, the forms for completion of the Equal Employment Opportunity
Information Report are incorporated herein as Section J.3. An award cannot be made to any
Offeror who has not satisfied the equal employment requirements.
I.10 ORDER OF PRECEDENCE
The contract awarded as a result of this contract 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) Standard Contract Provisions
(4) Contract attachments other than the Standard Contract Provisions
(5) Quote
(6) Letter Contract

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
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arising under or relating to the contract. A claim arising under a contract, unlike a claim
relating to that contract, is a claim that can be resolved under a contract clause that provides
for the relief sought by the claimant

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

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

(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
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relief arising under or relating to the contract. A claim arising under a contract, unlike a claim
relating to that contract, is a claim that can be resolved under a contract clause that provides
for the relief sought by the claimant.

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

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

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

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

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

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

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

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

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

I.12 CHANGES

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

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

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

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

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

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

I.13 NON-DISCRIMINATION CLAUSE

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

(a) The Contractor shall not discriminate in any manner against any employee or applicant for
employment that would constitute a violation of the District of Columbia Human Rights Act,
effective December 13, 1977, as amended (D.C. Law 2-38; D.C. Official Code § 2-1401.01
et seq.) (“Act”, as used in this clause). The Contractor shall include a similar clause 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
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responsibilities, genetic information, disability, matriculation, political affiliation, or
credit information. Sexual harassment is a form of sex discrimination which is prohibited
by the Act. In addition, harassment based on any of the above protected categories is
prohibited by the Act.

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

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

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

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

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

(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.
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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.

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.

I.16 SPECIAL PROVISION RELATED TO CITY ADMINISTRATOR’S ORDER 2022-3

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

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SECTION J: ATTACHMENTS

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

Attachment
Number Document
J.1
Government of the District of Columbia Standard Contract Provisions for Use with the
Supplies and Services Contracts (July 2010)
available at http://ocp.dc.gov, under Center of Excellence, “Required Solicitation
Documents”
J.2 U.S. Department of Labor Wage Determination 2015-4281, Revision 24, dated June 27,
2022 available at https://beta.sam.gov/
J.3
Way to Work Amendment Act of 2006 - Living Wage Notice
available at available at http://ocp.dc.gov, under Center of Excellence, “Required
Solicitation Documents”
J.4
Way to Work Amendment Act of 2006 - Living Wage Fact Sheet
available at http://ocp.dc.gov, under Center of Excellence, “Required Solicitation
Documents”
J.5
Tax Certification Affidavit
available at http://ocp.dc.gov, under Center of Excellence, “Required Solicitation
Documents”
J.6
Subcontracting Plan
available at http://ocp.dc.gov, under Center of Excellence, “Required Solicitation
Documents”
J.7 BAA Exhibit A - Identity and Procedure Verification
J.8 DHCF Business Associate Agreement
J.9 Business Associate (BA) HIPAA Compliance Status Questionnaire
J.10 HIPAA Regulations available at
https://www.hhs.gov/sites/default/files/hipaa-simplification-201303.pdf
J.11
HIPPA Business Associate Agreement
available at http://ocp.dc.gov, under Center of Excellence, “Required Solicitation
Documents”
J.12
Past Performance Evaluation Forms
available at http://ocp.dc.gov, under Center of Excellence, “Required Solicitation
Documents”
J.13 Certificate of Clean Hands available at http://mytax.dc.gov
J.14 Service Level Agreements
J.15 Letter Contract