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MURIEL BOWSER
MAYOR
March 28, 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. CWl 18520 with Sandata Technologies, LLC (Sandata) in the
amount of$1,106,000. The period of performance is October 11, 2024, through October 10, 2025.
Under the proposed contract, Sandata shall provide ongoing operations and maintenance to the
District's hybrid EVV system. The EVV system supports automated claims and billing, monitors
fraud, waste, and abuse, and interfaces with the DHCF's Clinical Case Management System,
Medicaid Management Information System, Medicaid Data Warehouse, and systems operated by
District Managed Care Organizations.
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,
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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: CW118520
Proposed Contractor: Sandata Technologies, LLC
Proposed Contractor’s Principals: Akshay Bhandari, Chief Financial Officer
Contract Amount: $1,106,000
Unit and Method of Compensation: Fixed Unit Price
Term of Contract: October 11, 2024, through October 10, 2025
Type of Contract: Firm Fixed Price Contract
Source Selection Method: Cooperative Agreement
(B) For a contract containing option periods, the contract amount for the base period and for
each option period. If the contract amount for one or more of the option periods differs from
the amount for the base period, provide an explanation of the reason for the difference:
Base Period Amount: $1,106,000
(October 11, 2024, through October 10, 2025)
Option Period 1 Amount: $1,106,000
(October 11, 2025, through October 10, 2026)
Option Period 2 Amount: $807,440
(October 11, 2026, through June 10, 2027)
Explanation of difference from base period (if applicable):
The amount for option period two differs from the base period because the period is less than one
year.
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(C) The date on which the letter contract or emergency contract was executed:
The letter contract was executed on October 10, 2024.
(D) The number of times the letter contract or emergency contract has been extended:
Modification M001 extended the letter contract to March 8, 2025
Modification M004 extended the letter contract to March 29, 2025
Modification M005 extended the letter contract to April 13, 2025
(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 $509,202.40.
(F) A description of any other contracts the proposed contractor is currently seeking or holds
with the District:
The contractor does not hold and is not currently seeking any other contracts with the District.
(G) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:
The Department of Health Care Finance has a requirement to operate and maintain the District's
hybrid EVV system. The EVV system verifies home visits by professionals and paraprofessionals
to beneficiaries, capturing details such as who provides and receives the service, the type, location,
date, and the actual time and duration of the service delivery.
The EVV system supports automated claims and billing, monitors fraud, waste, and abuse, and
interfaces with the DHCF's Clinical Case Management System, Medicaid Management
Information System, Medicaid Data Warehouse, and systems operated by District Managed Care
Organizations.
(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
cooperative agreement procurement method to satisfy DHCF’s requirement to operate and
maintain the District’s EVV system.
The State of Nevada Department of Health and Human Services, Division of Health Care
Financing and Policy, issued a competitive solicitation No. 40DHHS-S2143 for an EVV system on
November 10, 2022. The Contract No.40DHHS-S2143 was subsequently awarded to Sandata
Technologies, LLC (Sandata) on May 4, 2023. Section 4.2 of Contract No.40DHHS-S2143,
extends an invitation to public entities in other states or jurisdictions to use any resulting contract
which is subject to cooperative contracting laws in their respective state or jurisdiction.
3
The D.C. Official Code §§ 2-354.11 authorizes the Chief Procurement Officer to participate in,
sponsor, conduct or to administer cooperative purchasing agreements in any state, county or
municipal jurisdiction for the purpose of procuring supplies and services. To avoid a break in
services, the District awarded a letter contract as a result of the cooperative agreement in
accordance with the 27 DCMR Section 2425. The letter contract was executed on October 10,
2024, for the period of performance from October 11, 2024 to January 8, 2025, in the amount of
$276,500. On December 5, 2024, the CO extended the letter contract to March 8, 2025, via
modification M001, for a total letter contract value of $460,833.34. On March 6, 2025 the CO
issued modification M004 extending the letter contract to March 29, 2025 (no additional funding
was required to be added to the letter contract, as CLIN 002 was fully loaded to handle the O&M
associated with the pooling hours). On March 11, 2025 the CO executed modification M005
extending the letter contract to April l 13, 2025 for a total letter contract value of $509,202.40.
(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:
There are no bid protest.
(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. The contractor has
performed these services for the District since 2019.
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
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 $387,100. The contracting officer has determined that the plan meets the Department of Small
and Local Business Development requirements.
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(L) Performance standards and the expected outcome of the proposed contract:
Performance is expected to be in accordance with the requirements set forth by the federal
government in Section 12006 of the 21st Century Cures Act and this procurement. The expected
outcome of the contract is to use the EVV system to support both automated claims and billing
activities, as well as monitor fraud, waste, and abuse. The system will ensure security of data and
compliance with the Health Insurance Portability and Accountability Act and the Health
Information Technology for Economic and Clinical Health requirements.
(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:
$509,202.40
(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 $1,106,000 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
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;
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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 February 21, 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 3, 2024, the contractor does not appear on the Office of Inspector General
Exclusions Database, the Federal Excluded Parties List or the District’s list of Debarred and
Suspended Contractors.
(V) Any determination and findings issues relating to the contract’s formation, including any
determination and findings made under D.C. Official Code § 2-352.05 (privatization
contracts):
Determination and Findings for a Cooperative Agreement, dated October 1, 2024
Determination and Findings for a Letter Contract, dated October 3, 2024
Determination and Findings for Contractor’s Responsibility, dated October 10, 2024
Determination and Findings for Price Reasonableness, dated October 10, 2024
(W) Where the contract, and any amendments or modifications, if executed, will be made
available online:
http://ocp.dc.gov
6
(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: February 21, 2025 L0013564716Notice Number:
FEIN: **-***7041
Case ID: 18472102
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
SANDATA TECHNOLOGIES, LLC
270 DUFFY AVE # 266A
HICKSVILLE NY 11801-3646
Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
COPY
GOVERNMENT OF THE DISTRICTOF COLUMBIA
DepartmentofHealthCareFinance
xk *
pesca]Officeof the Chief FinancialOfficer fuss
MEMORANDUM
TO: NancyHapemanChiefProcurementOfficerOfficeofContractingandProcurement
syspedDees DeliciaV.Moore —_DeliciaV.
AssociateChiefFinanMae@tficer
Human SupportServicesCluster
THR
FROM:—_ DarrinShaffer DarrinA ShafferpacmsSnsrtsninsco”AgencyFiscalOfficer
Department of HealthCare Finance
DATE: Mareh27,2025
SUBJECT:— CertificationofFundingfortheElectronicVisitVerification(EV&V)andOperationsandMaintenance(O&M)Contract
TheOfficeoftheChiefFinancialOfficerherebycertifiesthatthesumof$1,106,000.00isincludedinthe
District'sLocalBudgetandFinancialPlanforFiscalYear2025tofundthecostsassociatedwiththe
DepartmentofHealthCareFinance’s(DHCF)contractforSandataTechnologyEV&V andO&M services.
ThiscertificationsupportstheSandataEV&V andO&M contractduringtheperiodfromOctober11,2024
throughOctober10,2025.Thiscertificationreplacesthecertificationsdated9/25/2024and2/4/2025.The
fundallocationisasfollows:
Vendo!
SandataTechnologies ContractNumber:CW118520
FiscalYear2025Funding:10/11/24-09/30/25
DIFS| DIFSCost| DIFS| DIFS
‘Agency!Fund| Center| Program| Account{PFoieet|Award|SubTask| AllocationTotal
TO | 4025002| 70261 100203 [7132001[200881|2001984]25.16 75% $807.201.61
Ho [1010001|_70261 100203_[7132001 25% $269,067.21
IFY25 Total| $1,076,268.82
FiscalYear2026Funding:10/01/25-10/10/25
DIFS| DIFSCost|DIFS| DIFS
lAgency}Fund| Center| Program| Account|PF%ieet|Award|SubTask]Allocation| Total
HT0_|4025002| 70261 [100203[7132001[200881]2002472| 25.16 75% $22.298.38HT0| 1010001| 70261 [100203[7132001 25% $7,432.80IFY26 Total $29,731.
4414 Street,N.W.,Suite960N,Washington,D.C.20001(202)442-5988FAX(202)478-1373
UponapprovaloftheDistrict’sLocalBudgetandFinancialPlanbytheCouncilandtheMayorandcompletionofthethirty-dayCongressionallayover,fundswillbesufficienttopayforfeesandcostsassociatedwiththecontract.Thereisnofiscalimpactassociatedwiththecontract.
Shouldyouhaveanyquestions,pleasecontactmeat(202)442-9079.
4414Street,N.W.,Suite960N,Washington,D.C.20001(202)442-5988FAX(202)478-1373
400 6th Street, NW, Suite 79100, Washington, DC 20001 (202) 727-3400 Fax (202) 347-8922
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General
ATTORNEY GENERAL
BRIAN L. SCHWALB
Commercial Division
MEMORANDUM
TO: Sarina Loy
Deputy Director
Office of Policy and Legislative Affairs
FROM: Robert Schildkraut
Section Chief
Government Contracts Section
DATE: March 20, 2025
SUBJECT: Conditional Approval of DCHF Co-operative Agreement for the Operation
and Maintenance of Electronic Visitor Verification (EVV) System
Contractor: Sandata Techologies, LLC
Contract Number: CW118520
Contract Amount: $1,106,000
--------------------------------------------------------------------------------------------------------------------
This is to Certify that this Office has reviewed the above-referenced Contract and that we
approve the package for legal sufficiency conditioned upon the contracting officer’s receipt of a
revised First Source Agreement in the corrected total contract amount. If you have any questions
in this regard, please do not hesitate to call me at 202-724-4018.
______________________________
Robert Schildkraut
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement
441 4th Street, NW; Suite 330 South, Washington, DC 20001
Direct: (202) 727-0252 Fax: (202) 727-9385
Health Services Cluster
Department of Health Care Finance Division
Sent via email: blawson@sandata.com
October 7, 2024
Akshay Bhandari, Chief Financial Officer
Sandata Technologies, LLC
270 Duffy Avenue
Unit 266A
Hicksville, NY 11801
Subject: Letter Contract No.: CW118520
Electronic Visit Verification System
Dear Akshay Bhandari,
This Letter Contract between the District of Columbia (District) and Sandata Technologies, LLC
(Sandata), wherein Contractor agrees to perform the services set forth in Section C of proposed
Letter Contract No. CW118520, Attachment A.
This is a Firm Fixed Price contract as set forth in the pricing schedule, Attachment B.
The District intends to definitize the Letter Contract within 90 days of October 11, 2024, at
which time this Letter Contract shall merge with the Definitized Contract. Before the expiration
of the 90 days, the Contracting Officer may authorize an additional period in accordance with
Section 2425.9 of the District of Columbia Municipal Regulations (27 DCMR). If the District
does not definitize this letter contract within 90 days of October 11, 2024, the date of award of
this letter contract or any extensions thereof, this letter contract shall expire. In the event of
expiration of this letter contract, the District shall pay the Contractor for the services performed
under this letter contract in an estimated amount of $276,500. In no event shall the amount paid
under this letter contract or any extensions thereof, exceed 50% of the total definitized contract
amount.
The effective date of this letter contract shall be October 11, 2024. The duration of the
definitized contract shall be from October 11, 2024, to October 10, 2025. The District shall pay
the Contractor for the services performed during the duration of the definitized contract in a not-
to-exceed amount of $1,106,000.
The Contractor shall perform under this Letter Contract pursuant to the terms of the following
documents, which are hereby incorporated by reference and made a part of this Contract which
in the event of a conflict shall be resolved by giving precedence in the order of priority listed
below:
10/10-2024
CW118520 EVV O&M
4
SECTION C: SPECIFIC ATIONS/WORK STATEMENT
C.1 SCOPE
C.1.1 The Government of the District of Columbia (the “District”), Offi
ce of Contracting and
Procurement (OCP), on behalf of the Department of Healthcare Finance (DHCF) is seeking a
Contractor to continue to operate and maintain its hybrid Electronic Visit Verification (EVV)
system in its entirety. The District is seeking to contract with a single EVV Contractor that will
provide Operations and Maintenance (O&M) of its Hybrid EVV that allows Providers to utilize
their own EVV system, when applicable. This EVV system would include aggregator capacity
that provides comprehensive oversight of the entire EVV program.
C.1.2 The EVV system, at minimum, should meet the requirements laid out by the federal government
in Section 12006 of the 21st Century Cures Act and this procurement. EVV is a system under
which home visits (to beneficiaries by professionals and paraprofessionals) are electronically
verified with respect to who is providing and receiving the service, as well as the type, location,
date, and the actual time and duration of delivery.
C.1.3 DHCF expects to use the EVV system to support monitoring fraud, waste, and abuse. The EVV
system will ensure security of data and compliance with HIPAA and HITECH requirements.
C.1.4 Additionally, the EVV system must interface both with DHCF’s MMIS, the Medicaid Data
Warehouse and relevant EVV systems associated with each of DC’s Managed Care Organizations
(MCOs).
C.1.5 The EVV system must accommodate the District’s Participant Directed Services (PDS) program,
and the Contractor must be prepared to coordinate with the District’s Vendor Fiscal/Employer
Agent Financial Management Services-Support Broker Entity (Vendor F/EA FMS-Supports
Broker) who supports the PDS program, “Services My Way.”
C.1.6 The EVV system must be able to accommodate different services and provider types with
different policies and procedures, reimbursement rates, and business rules, as well as changes to
or expansions of the services and provider types.
C.2 APPLICABLE DOCUMENTS
C.2.1 The following documents and applicable to this procurement and are hereby incorporated by this
reference:
Item
No. Document Type Title
1 Federal Law
42 USC 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.htm
2 Federal Law 21st Centur y Cures Act; Public Law No: 114-255
ATTACHMENT A
CW118520 EVV O&M
5
Item
No. Document Type Title
3 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
4 Federal Regulation
45 CFR Part 160 and 164
Health Insurance Portability and Accountability Act (HIPAA)
Regulations
http://www.hhs.gov/ocr/privacy/hipaa/administrative/privacyrul
e/index.html
5 Federal Regulation
Health Information Technology for Economic and Clinical
Health (HITECH) Act
Title XIII of the American Recovery and Reinvestment Act of
2009 (Pub.L. 111–5)
6 Federal Regulation
Health Information Technology for Economic and Clinical
Health (HITECH) Act
Title XIII of the American Recovery and Reinvestment Act of
2009 (Pub.L. 111–5)
7 Federal Standard Executive Order 13166
http://www.lep.gov/13166/eolep.htm
8 Federal Standard
Executive Order 13164: Establishing Procedures To Facilitate
The Provision Of Reasonable Accommodation
http://www.eeoc.gov/policy/docs/accommodation_procedures.ht
ml
9 Federal Standard Americans with Disabilities Act Amendments Act of 2008
http://www.eeoc.gov/laws/statutes/adaaa_info.cfm
10 Federal 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
11 Federal Standard
Guide for Performing Risk Assessments
NIST SP 800-30
HTTP://CSRC.NIST.GOV/PUBLICATIONS/NISTPUBS/800-
30-REV1/SP800_30_R1.PDF
12 DC Law District of Columbia Language Access Act
http://ohr.dc.gov/languageaccess/2012report
13 DC Regulation
Elderly and Individuals with Physical Disabilities Waiver
regulations.
29 DCMR §§ 4200-4299 (2003)
14 DC Regulation
Individuals with Intellectual and Developmental Disabilities
Waiver regulation
29 DCMR §§ 1900-1999 (2015)
15 DC Regulation Adult Day Health regulation
29 DCMR §§ 9700-9799, (2015)
16 DC Regulations PCA regulation
29 DCMR §§5000-5099 (2015)
C.2.2 All laws listed above shall specifically include and incorporate any implementing regulations
promulgated following the laws.
C.2.3 This Cooperative agr eement is in accordance with the State of Nevada Department of Health and Human
Services, Division of Health Care Financing and Policy, competitively solicited EVV system services and
awarded Contract No.40DHHS-S2143 to Sandata Technologies, LLC (Sandata).
CW118520 EVV O&M
6
C.3 DEFINITIONS/ACRONYMS
These terms, when used in this contract, have the following meanings:
C.3.1 Agency – Any department, commission, council, board, office, bureau, committee, institution,
agency, government, corporation, or other establishment of the executive branch of this state
authorized to participate in any contract resulting from this solicitation.
C.3.2 Business Rules Engine – A software component that allows non-programmers to add or change
business logic in a business process management system. A business rule is a statement that
describes a business policy or procedure.
C.3.3 Bidirectional – functioning in two directions.
C.3.4 Calendar Day – All days of the week including District and federal holidays.
C.3.5 Case Manager/Case Worker/Service Coordinator – A person designated as the coordinator of
resources for assigned recipients to efficiently and effectively coordinate care.
C.3.6 Code of Federal Regulations (CFR) – The Federal rules that direct a state in its administration and
implementation of a Medicaid Program, including associated IT systems.
C.3.7 Claim – A bill furnished by a single provider to the Medical Assistance Program for a specific
service(s) rendered to a single recipient for a given diagnosis or set of related diagnoses. A claim
can be submitted for payment in hard copy form, Electronic Media Claims (EMC), or directly
through on- line transmission.
C.3.8 Confidentiality – Standards to ensure that all reports, files, information, data, tapes and other
documents provided to and prepared, developed, or assembled by the Contractor are not
inappropriately shared with external entities except as authorized under federal and District laws
and regulations, including the Health Insurance Portability and Accountability Act (HIPAA).
C.3.9 Configuration – Using native developer tools to modify, activate or “turn-on” existing behaviors
and/or features of the baseline product to meet customer requirements.
C.3.10 Contractor – The successful Offeror, after being awarded a single contract.
C.3.11 Disaster Recovery Plan – Plan developed and maintained by the Contractor for an orderly
shutdown of operations along with detailed plans for resumption of operation.
C.3.12
Elderly and Persons with Disabilities Waiver – The District’s Medicaid waiver established under
Section 1915(c) of the Social Security Act providing home- and community-based long-term care
services and supports to individuals who are elderly or have a disability and meet District
eligibility standards.
C.3.13 Enhancement – An augmentation and/or a change to EVV; an improvement to the basic system
which either increases functionality or makes the system run more efficiently.
CW118520 EVV O&M
7
C.3.14 Federal Information Processing Standard (FIPS) – is a U.S. government computer security
standard used to approve cryptographic modules. The title is Security Requirements for
Cryptographic Modules.
C.3.15 Home Health Care Services – services described in section 1905(a)(7) provided under a State plan
under this title (or under a waiver of the plan)
C.3.16 ICF/IDD – intermediate care facilities for individuals with intellectual and developmental
disabilities.
C.3.17 IDD/DD Waiver – The District’s Medicaid waiver established under Section 1915(c) of the
Social Security Act providing home- and community-based long-term care services and support
to individuals with intellectual and developmental disabilities.
C.3.18 In-Home Supports – services provided to people enrolled in the IDD Waiver who have an
assessed need for assistance with acquisition, retention or improvement in skills related to
activities of daily living that are necessary to enable the person to reside successfully at home in
their community and participate in community activities based upon what is important to and for
the person as documented in his or her Individual Support Plan (ISP) and reflected in his or her
Person-Centered Thinking and Discovery tools. Services may be provided to people in the home
or community, with the place of residence as the primary setting.
C.3.19 Medicaid – The Medical Assistance Program established under Title XIX of the Social Security
Act intended to provide Federal and State financial assistance for health and medical care of
eligible persons.
C.3.20 Medicaid Data Warehouse – This provides access to claims-based data, reports and functionality
than previously available, in a secure environment that allows District staff access to pre-built
reports, dashboards and MDW core functions.
C.3.21 Medicaid State Plan Personal Care Services – An optional benefit which allows states to fund
non-medical assistance with activities of daily living (ADLs) such as bathing and eating, and
instrumental ADLs (IADLs), such as shopping and preparing meals.
C.3.22 Medicaid Information Technology Architecture (MITA) Framework (MTTA 3.0) – MITA is a
CMS initiative that fosters an integrated business and information technology (IT) transformation
across the Medicaid enterprise to improve the administration and operation of the Medicaid
program.
C.3.23 Medicaid Management Information System (MMIS) – A mainframe system that processes
Medicaid claims, also referred to as “Omnicaid”, or the “Medicaid enterprise system.”
C.3.24 Omnidirectional – receiving signals from or transmitting in all directions.
C.3.25 Participant-Directed Services (PDS) – is a global term that refers to both participant-directed
community supports, and individual-directed goods and services provided under DHCF’s
CW118520 EVV O&M
8
“Services My Way Program.”
C.3.26 Personal Care Aide Services – Services provided under a State plan under this title (or under a
waiver of the plan), including services provided under section 1905(a)(24), 1915(c), 1915(i),
1915(j), or 1915(k) or under section 1115 waiver.
C.3.27 Prior Authorization (PA) – Approval given in advance by the Medicaid program to a provider for
a service to a recipient.
C.3.28 Procedure Code – A numeric representation of a medical diagnosis, treatment, service, or
procedure required to be submitted by a provider to support coverage by Medicaid.
C.3.29 Program – A distinct set of services for a distinct population with specific operational
requirements.
C.3.30 Provider – A person, organization, or institution certified to provide health or medical care
services.
C.3.31 Recipient – An eligible participant or beneficiary.
C.3.32 Service Authorization – Approval given in advance by DDA to a provider for a service to a
recipient. A service authorization triggers the generation of Prior Authorization.
C.3.33 Services My Way – is the participant-directed service program implemented in the District by
DHCF. This program offers both participant-directed community support and individual-directed
goods and services via the EPD waiver, using both Vendor F/EA FMS and Support Broker
services to facilitate Participants’ use of these services.
C.3.34 Secure File Transfer Protocol (SFTP) – is a network protocol that provides file access, file
transfer, and file management over any reliable data stream.
C.3.35 Support Broker – serves as a source of information and assistance services for participants and
their representatives to support their use of PDS.
C.3.36 System Testing – The process that integrates testing of all components of the EVV system.
C.3.37 Transition – The EVV system conversion from the Contractor to the District or successor
Contractor.
C.3.38 Vendor Fiscal/Employer Agent Financial Management Services (VF/EA FMS) – Financial
management services for EPD waiver participants and their authorized representatives, if
applicable, to support their use of PDS.
C.3.39 Waiver – An exception requested of or granted by CMS in response to a request from a state or
the District, usually regarding some required aspect of Medicaid regulations in order to
implement a new program or EVV system.
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C.3.40 CCMS – Clinical Case Management System
C.3.41 CFR – Code of Federal Regulations
C.3.42 CMS – Centers for Medicare and Medicaid Services
C.3.43 DD – Developmental Disability
C.3.44 DDA – The Developmental Disabilities Administration
C.3.45 DDS – Department of Disability Services
C.3.46 DDI – Design, development, and implementation
C.3.47 DDS – District Department of Disability Services
C.3.48 DHCF – District Department of Health Care Finance
C.3.49 FIPS – Federal Information Processing Standard
C.3.50 HCBS – Home and Community Based Services
C.3.51 HIPAA – Health Insurance Portability and Accountability Act
C.3.52 ICF – Intermediate Care Facility
C.3.53 IDD – Intellectual and Developmental Disabilities
C.3.54 LTCA – The District Department of Health Care Finance Long-Term Care Administration
C.3.55 LTSS – Long-Term Care Services and Supports
C.3.56 MITA – Medicaid Information Technology Architecture
C.3.57 MMIS – Medicaid Management Information System
C.3.58 O&M – Operations and Maintenance activities
C.3.59 OCP – Office of Contracting and Procurement
C.3.60 PCA – Personal Care Aide
C.3.61 PDS – Participant-Directed Services
C.3.62
PA – Prior Authorization
C.3.63 FRD – Functional Requirements Document/Business Rules Workbook
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C.3.64 SFTP – Secure File Transfer Protocol
C.3.65 VF/EA FMS – Vendor Fiscal/Employer Agent financial Management Services
C.4 BACKGROUND
C.4.1 In December 2016, Congress enacted the 21st Century Cures Act, Section 12006 of the Act
requires States to implement electronic visit verification (EVV) for Medicaid-Financed Personal
Care Services by January 1, 2021 and Home Health Services by January 1, 2023, to avoid a
reduction in their federal match. DHCF contracted Sandata, on October 11, 2019, to implement
and operate its EVV System. The EVV System went live on January 1, 2021, for Personal Care
Services (PCS) and on January 1, 2023 for Home Health Care Services (HHCS).
C.4.2 The EVV legislation provides basic standards for state Medicaid program compliance.
Specifically, an EVV system, at minimum, must verify the following for each covered service:
C.4.2.1 Date of service;
C.4.2.2 Location of service;
C.4.2.3 Individual providing service;
C.4.2.4 Type of service;
C.4.2.5 Individual receiving service; and
C.4.2.6 Time the service begins and ends.
C.4.3 While the explicit goals for EVV implementation are not detailed in the Cures Act, historical use
of EVV has led to enhanced program efficiencies and cost reductions, as well as fraud mitigation
and care improvement.
C.4.4 For purposes of this contract, all services meeting the definition of personal care aide services
(i.e., those services providing support with activities of daily living and/or instrumental activities
of daily living in a beneficiary’s home) must be processed via the EVV system.
C.4.5 Beneficiaries can receive personal care aide services through the District of Columbia's Medicaid
State Plan. The District also maintains two home and community-based services (HCBS) waivers:
the Elderly and Persons with Disabilities (EPD) waiver and the Individuals with Intellectual and
Developmental Disabilities (IDD) waiver. In FY17, approximately 6,000 unique Medicaid
beneficiaries received personal care aide services through DHCF’s Long Term Care
Administration (LTCA) from 21 enrolled Providers. Approximately 3,000 of these individuals
have an assigned case manager through the EPD waiver.
C.4.6 With regards to the IDD waiver, those services meeting the definition of personal care aide
services includes respite, supported living, in-home supports, residential habilitation, and host
home. Approximately 1,700 unique Medicaid beneficiaries received these services from 81
distinct Providers in FY17.
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C.4.7 Beyond individuals served through LTCA and DC’s two waiver programs, there were just over
300 unique Medicaid beneficiaries who received personal care aide services through one of DC’s
managed care contracts (versus through fee for service).
C.4.8 In FY16, LTCA also implemented a participant-directed services (PDS) program called “Services
My Way” as an alternative to traditional personal care aide services. This program, supported
under contract to the District’s Financial Management Services (FMS)-Support Broker (SB), had
over 400 enrollees at the close of FY17, all of whom are enrolled in the EPD waiver.
C.4.9 Any EVV system established under this scope of work needs to have the capacity to meet federal
requirements with respect to all individuals receiving Personal Care Aide services, including
waiver, non-waiver, and Services My Way.
C.4.10 Since its go live on January 1, 2021, the District’s EVV system provides the District the ability to
monitor health care providers’ compliance with CMS identified in-home and personal care aid
services that are subject to the EVV requirements. The EVV system enables the District to view
the number of authorized procedure codes and paid claims and encounters that are associated with
EVV visits. To comply with federal reporting requirements, the District monitors key
performance indicators and reports this information quarterly to CMS.
C.4.11 System Documentation
C.4.11.1 The EVV system documentation requirements are specified in the original contract with
Sandata signed on October 11, 2019. This original contract was to design, develop,
implement, and operate and maintain the EVV system. DHCF’s EVV System went live on
January 1, 2021, for Personal Care Services (PCS) and on January 1, 2023, for Home Health
Care Services (HHCS).
C.4.11.2 The original EVV system documentation was delivered to the District when the EVV System
went live. Some of the system documents (i.e. requirements workbook, interface design) have
been updated as a result of changes implemented after the system go-live.
C.4.11.3 During the upcoming O&M period, the District may need to implement new functionality via
EVV system change requests in response to new District or CMS requirements. In support of
these EVV system change requests, the contractor may be required to update some or all the
delivered EVV system documentation, and the District will need to review and approve these
updates.
C.5 REQUIREMENTS
C.5.1 EVV Capabilities
The Contractor shall operate and maintain the EVV system that includes the following
capabilities:
C.5.1.1 Provide visit verification with data received from GPS enabled mobile devices; 90% of all
personal care aide service visits must be received via this mechanism;
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C.5.1.2 Include rules and associated mechanisms for a manual override option available for Providers
to authorize submissions that are not transmittable at the point of check-in/check-out, or that
require an over-ride due to temporary address that is not associated with the beneficiary’s
residence on record, etc.; and
C.5.1.3 Up to 10% of visits can be submitted via the following EVV mechanisms:
C.5.1.3.1 Telephony;
C.5.1.3.2 Alternative fixed location tracking devices that can be in the beneficiary’s home to
provide verification coverage for those who have no land line and no available cell
services; or
C.5.1.3.3 Delayed upload directly to the EVV system (only by authorized Provider personnel);
C.5.1.3.4 A EVV system to distinguish between prior authorizations for State Plan personal care
services, prior authorizations for EPD waiver personal care services, and prior
authorizations for IDD waiver personal care services;
C.5.1.3.5 Establish pathways to ensure that residences with limited wireless network connectivity
can still submit EVV data via integrated GPS-enabled capacity (e.g., geofencing to
establish virtual perimeters/boundaries).
C.5.1.3.6 Provide visit verification data that allows DHCF to prevent provider abuse or
inappropriate billing/payment by collecting beneficiary and direct service worker
information electronically at the beginning and end of services provided in the home and
other settings. The EVV system must maintain an audit trail that electronically and
accurately documents and tracks login and logout times of visits by direct service workers.
In addition, the EVV system must allow for multiple in/out activities per day.
C.5.1.3.7 Provide verification of service tasks performed by the direct service worker per the
beneficiary’s plan of care.
C.5.1.3.8 Allow for verification of services that are provided outside the beneficiary’s home (i.e.,
community-based settings, hospitals, temporary address, etc.)
C.5.1.3.9 Maintain a response time (to call-in transactions) that shall be less than three seconds for
user submitted data for 98% of the transactions.
C.5.1.3.10 In relation to telephony-based EVV claim submission the Contractor shall use biometric
interactive voice verification, or another proposed method approved by the DHCF that
provides at least 99% accuracy to assure the correct direct service worker is identified.
The Contractor shall include method(s) for acquiring direct service worker baseline
verification information and indicate whether capability is present within the EVV system
to determine whether the correct direct service worker is identified with 99% accuracy.
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C.5.1.3.11 Provide real-time multi-level escalating alerts of pending late and missed visits to the
Providers, case management agency (when applicable) and other entities as determined by
DHCF. For instance, the provider is made aware if the worker does not arrive to deliver
services so that the Providers can schedule an alternate worker or contact the beneficiary.
C.5.1.3.12 Ability to track and report modifications to the changes EVV system data input elements
after the direct service worker has called in their time or services, including the name of
the Providers staff making the changes and the reason for changes. The EVV system must
have the capability to limit Providers’ authority to modify service entries or input manual
service entries based on program rules which may vary between programs. This may
include limiting the number or percentage of manual service entries a provider is allowed
to enter.
C.5.1.3.13 Provide role-based access controls in a multi-tiered environment that allows DHCF, case
managers, Providers, and MCOs to create user roles and assign access to user roles for
viewing of appropriate levels of data. For instance, case management agencies serve
beneficiaries across multiple Providers and should be able to access information across
Providers, but only for those individuals that the case management agency serves.
C.5.1.3.14 Provide real-time visibility, at all levels of authorized users, into the services being
provided.
C.5.1.3.15 Provide real-time capabilities to record service delivery and task details in home or
community settings and develop an electronic record.
C.5.1.3.16 Provide an integrated EVV system that includes scheduling, authorization monitoring,
visit verification.
C.5.1.3.17 Have the capability to receive and store daily updates of beneficiary, provider, and plan of
care data sent from Providers, case management agencies, and other entities, as
appropriate.
C.5.1.3.18 Have an aggregator module that provides DHCF with a single uniform source of EVV
data and network rules management tools while allowing Providers to utilize the EVV
Contractor that works best for their business.
C.5.1.3.19 Meet all current and forthcoming Federal guidelines and/or mandates relative to electronic
visit verification, where the Contractor must provide updated releases of DC’s EVV
system related to new Federal guidelines and/or mandates.
C.5.1.3.20 Meet all the requirements outlined in the Service Level Agreement, Appendix A.
C.5.2 CMS Medicaid IT Standards and Conditions
C.5.2.1 The Centers for Medicare and Medicaid Serv
ices published the Standards and Conditions for
Medicaid IT as part of the Medicaid Enterprise Certification Toolkit on July 31, 2017.
According to CMS it is essential for states to understand and align technology procurements
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with the Standards and Conditions for Medicaid IT to achieve improvement in the
procurement process.
C.5.2.2 The Contractor shall operate and maintain an EVV system that comply with the following:
C.5.2.2.1 The EVV system meets the system requirements, standards and conditions, and
performance standards in Part 11 of the State Medicaid Manual, as periodically amended.
C.5.2.2.2 The EVV system is compatible with the claims processing and information retrieval
systems used in the administration of the Medicaid program.
C.5.2.2.3 The EVV system supports the data requirements of quality improvement organizations
established under Part B of title XI of the Act.
C.5.2.2.4 The information in the EVV system will be safeguarded in accordance with subpart F, part
431 of this subchapter.
C.5.2.2.5 The EVV system uses a modular, flexible approach to systems development, including the
use of open interfaces and exposed application programming interfaces; the separation of
business rules from core programming, available in both human and machine-readable
formats.
C.5.2.2.6 The EVV system aligns to, and advances increasingly, in MITA maturity for business,
architecture, and data.
C.5.2.2.7 The EVV system ensures alignment with, and incorporation of, industry standards adopted
by the Office of the National Coordinator for Health IT in accordance with 45 CFR part
170, subpart B:
C.5.2.2.7.1 The HIPAA privacy, security and transaction standards; accessibility standards established
under section 508 of the Rehabilitation Act, or standards that provide greater accessibility
for individuals with disabilities, and compliance with Federal civil rights laws;
C.5.2.2.7.2 Standards adopted by the Secretary under section 1104 of the Affordable Care Act; and
C.5.2.2.7.3 Standards and protocols adopted by the Secretary under section 1561 of the Affordable
Care Act.
C.5.2.2.8 The EVV system promotes sharing, leverage, and reuse of Medicaid technologies and
systems within the District’s Medicaid enterprise or among other Medicaid States.
C.5.2.2.9 The EVV system supports accurate and timely processing and adjudications and effective
communications with providers, beneficiaries, and the public.
C.5.2.2.10 The EVV system produces transaction data, reports, and performance information that
would contribute to program evaluation, continuous improvement in business operations,
and transparency and accountability.
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C.5.3 System Architecture
C.5.3.1 The Contractor shall operate and maintain the architecture of the EVV system configurable to
support multiple programs or services i.e., services provided via the EPD and IDD waivers,
respectively, including personal care aid services, in-home support services, respite services,
and supported living services which have different policies and procedures, reimbursement
rates, and business rules, all of which are subject to change during the contract period in
response to state and federal regulations, budget appropriations, court proceedings, and other
factors.
C.5.3.2 The Contractor shall operate and maintain the EVV system supporting the following business
rules/procedures:
C.5.3.2.1 Allow for only certain Provider personnel to enter service tasks, based on program needs
and rules. Certain programs may require service tasks to be entered in the EVV system for
only certain personnel types, whereas others may require Providers to document service
tasks through the current paper process or other alternative process.
C.5.3.2.2 Allow for multiple groups or lists of acceptable service task activities to be billed and/or
recorded, based on program needs and rules.
C.5.3.2.3 Have the capability for direct service workers to denote the beneficiary’s status or need for
other assistance in the EVV system and to require such notation where necessary based on
program needs and rules.
C.5.3.2.4 Permit the Services My Way FMS-SB Contractor to bypass entering a worker schedule in
the EVV system, if necessary.
C.5.3.2.5 Permit the Services My Way FMS-SB to load various rates of pay for individual direct
service workers.
C.5.3.2.6 Permit certain other Providers to bypass entering a worker schedule, based on program-
specific rules. Certain programs/services may require Providers to enter workers’
schedule, whereas other program/services may not require such.
C.5.3.2.7 Allow for the EVV system to link a beneficiary to more than one provider and/or program.
Beneficiaries are often eligible for and enrolled in more than one program, each with its
own rules, and may have multiple Providers within any single program.
C.5.3.2.8 Enforce the following edit checks:
C.5.3.2.8.1 The same direct service worker is not providing services to multiple beneficiaries at the
same time.
C.5.3.2.8.2 The same direct service worker is not billing in excess of 16 hours per day.
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C.5.3.2.8.3 The same beneficiary is not receiving the same services from multiple direct service
workers at the same time.
C.5.3.2.8.4 The service does not overlap with certain other services, which may require interface with
the prior authorization system.
C.5.3.2.8.5 Handle multiple procedure codes, modifiers, and rates.
C.5.3.2.8.6 Allow and enforce multiple service limits for different service ranges (i.e., day, week,
month, and year).
C.5.3.2.9 Permit retroactive prior authorizations and changes to prior authorizations based on
revisions to beneficiaries’ plans of care/service plans in accordance with DHCF
permission levels.
C.5.3.2.10 Permit MCOs to modify provider/worker schedules, cancel schedules, and receive alerts
for monitoring purposes.
C.5.3.2.11 Permit case management agencies to receive alerts for monitoring purposes.
C.5.3.2.12 Handle automatic loading of provider and recipient files.
C.5.3.2.13 Have an architecture model which supports a Business Rules Engine which is easy to
maintain and configure. The Business Rules Engine shall allow flexibility supporting
Program Policy and Rule changes as they occur and limiting the amount of customization
needed in adapting to changes.
C.5.3.2.14 Have a reliable backup and recovery processes in the event of a system malfunction or
disaster situation, as well as provide an alternative for timekeeping due to a provider’s
failure or inability to use the system for a start or end shift. Provide an emergency back-up
system.
C.5.3.2.15 Securely handle and store sensitive participant and provider information in accordance
with HIPAA requirements.
C.5.3.2.16 Provide for user support, including support to Providers and providing at least a phone-
based support for Providers.
C.5.4 Reports
C.5.4.1 The Contractor shall operate and maintain the EVV system to provide a standard suite of
oversight and management reports to DHCF, case management agencies, Providers, and
MCOs, when appropriate. In addition, the system shall permit DHCF to use data elements to
query and generate ad-hoc reports.
C.5.4.2 The Contractor shall provide a report on all services tracked by the EVV system p
rovided by
an aide or individual at DHCF's request. The report shall include dates, service start times,
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service end times, who provided the services, and who received the services. It shall be
formatted in XML, spreadsheet, CSV, or a format requested by DHCF.
C.5.4.3 The EVV system shall allow DHCF to run the report for various times periods and the report
data needs to be in a format (Microsoft Excel or similar format) which allows for export and
additional analysis. Samples shall include but not be limited to:
C.5.4.3.1 Direct service worker reporting, including but not limited to service delivery;
C.5.4.3.2 Scheduling reports;
C.5.4.3.3 Daily system activity reports including all calls received, calls by recipient, calls by direct
service workers, late or missed visits, and unscheduled visits; and
C.5.4.3.4 Aggregate performance reports with data presented by direct service worker, Providers,
hours of service delivery, type of beneficiary, geographic area, etc.
C.5.4.4 The Contractor shall provide a Service Level Agreement (SLA) compliance report in Word or
PDF monthly for status meetings and on an ad hoc basis for District review at any point in
time. See SLA requirements for Appendix A.
C.5.5 Data Retention
C.5.5.1 The Contractor shall retain direct service worker and recipient service data for at least 10
years. In addition, sufficient capacity must be present to allow for future expansion of
additional populations or services in the future.
C.5.5.2 The Contractor shall transmit all raw data elements to DHCF in the format and frequency
requested by DHCF. It shall be formatted in XML, spreadsheet, CSV, or a format requested
by DHCF.
C.5.6 EVV System Technical Requirements
C.5.6.1 The Contractor shall transmit all non-proprietary data which is relevant for analytical
purposes to DHCF as requested in XML, spreadsheet, CSV or a format requested by DHCF.
The final determination of relevant data will be made by DHCF based on collaboration
between both parties. The schedule for transmission of the data will be established by DHCF
and dependent on the needs of DHCF related to the data being transmitted. The non-
proprietary data files for this purpose will be transmitted via SFTP to DHCF. Any other data
or method of transmission used for this purpose must be approved via written agreement by
both parties.
C.5.6.2
The Contractor shall adhere to state and federal regulations and guidelines as well as industry
standards and best practices for systems or functions required to support the requirements of
this contract.
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C.5.6.3 The Contractor shall clearly identify any systems or portions of systems which are proprietary
in nature.
C.5.6.4 The Contractor shall be responsible for all expenses required to obtain access to DHCF
systems or resources which are relevant to successful completion of the requirements of this
contract. The Contractor is also responsible for expenses required for DHCF to obtain access
to the Contractor’s systems or resources which are relevant to the successful completion of the
requirements of this contract. Such expenses are inclusive of hardware, software, network
infrastructure and any licensing costs. Any confidential information must be encrypted to
FIPS 140-2 standards when at rest or in transit.
C.5.6.5 The Contractor shall utilize computers and devices that have the following capabilities:
C.5.6.5.1 Be protected by industry standard virus protection software which is automatically updated on
a regular schedule;
C.5.6.5.2 Have installed all security patches which are relevant to the applicable operating system and
any other system software; and
C.5.6.5.3 Have encryption protection enabled at the Operating System level.
C.5.6.6 The Contractor shall engage in robust planning discussions which will drive the technical
compatibility of the solution within the DHCF infrastructure that will be in place.
C.5.6.7 The Contractor shall provide an EVV system that is MITA 3.0 compliant.
C.5.7 System Change Orders – Modification Pooling Hours
C.5.7.1 The contractor shall allow for up to a thousand (1,000) total modification pooling hours per
year for System Change Orders. The modification pooling hours can be used in any of the
base or option years. Any hours not used during a year of operation will be carried over to the
next year of operations.
C.5.7.2 When the District requests a System Change Order, the Contractor shall provide the Level of
Effort (LOE) detailing the number of hours needed to implement the requested change. The
cost breakdown must be provided in Word or PDF format with detailed line items to support
the number of hours and cost of the requested System Change Order.
C.5.8 System Operations and Maintenance
C.5.8.1 The Contractor shall conduct O&M activities to ensure that the EVV system is fully
functional, and it performs optimally until the system reaches it end of life, manage changes to
the system to support end users, monitor system performance, perform required security
activities such as backups, contingency planning, and audits; and continue end user support
through training and documentation. The O&M tasks at a minimum shall include but are not
limited to:
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C.5.8.1.1 Monthly status meetings;
C.5.8.1.2 Manage service additions and subtractions;
C.5.8.1.3 Identify system defects;
C.5.8.1.4 Add additional services that require EVV validation;
C.5.8.1.5 Help Desk Support;
C.5.8.1.6 User Maintenance and Support;
C.5.8.1.7 Correction of submitted time;
C.5.8.1.8 Entry of missed start or stopped times;
C.5.8.1.9 Exception reporting;
C.5.8.1.10 Monitoring of system performance;
C.5.8.1.11 Claim files submission research and resolution;
C.5.8.1.12 Maintenance of replacement of existing and outdated equipment;
C.5.8.1.13 The ability to add additional users and any required equipment; and
C.5.8.1.14 Operational reports.
C.5.8.1.14.1 The Contactor shall submit the operational repo rts monthly or at DHCF request in report,
spreadsheet or PowerPoint format. The Operational reports include but not limited to:
Data integrity errors in visit data
Errors with data collection device
Errors in data exchange
Errors in service authorization data
Errors in visits matching
Monthly Status Report
Monthly Program Health Report
Monthly SLA compliance report
Quarterly System availability Report
C.5.8.2 The Contractor shall communicate, in advance, to EVV stakeholders including
beneficiaries, workers, providers, DHCF and other District Agencies system modifications
that are approved by the District or system modifications that are necessary to comply
with changes in Federally mandated or National Standards such as, but not limited to
CMS, HIPAA, or MITA, and to meet the deadlines imposed for such changes, for the
duration of this contract, as part of the Contractors normal system maintenance of the
EVV product pursuant to this Contract.
C.5.8.3 The Contractor shall make online training materials available to all EVV user groups such
as DHCF, DDS, Providers, workers (including direct service workers), case management
agencies, MCOs, and others as deemed necessary by DHCF as part of the Contractors
normal system maintenance of the EVV product pursuant to this Contract.
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SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST
B.1 The Government of the District of Columbia (the “District”), Office of Contracting and
Procurement (OCP), on behalf of the Department of Health Care Finance (DHCF), is seeking a
Contractor to continue to provide operations and maintenance of the Electronic Visit Verification
(EVV) syste
m in its entirety that will provide a “hybrid” EVV system which allows the District to
contract with a single EVV Contractor and allows Providers to utilize their own EVV system,
when applicable. This EVV system would include aggregator capacity that provides
comprehensive oversight of the entire EVV program.
B.2 The District contemplates the award of a firm-fixed-price contract in accordance with Title 27 of
the District of Columbia Municipal Regulations (DCMR) Chapter 24.
B.3 PRICE SCHEDULE – FIRM FIXED PRICE
B.3.1 BASE PERIOD
October 11, 2024, through October 10, 2025
Contract
Line-Item
No. (CLIN)
Item Description Total Price
0001 Operations and Maintenance of the Electronic Visit
Verification System $956,000.00
0002 EVV System Change Hours – Modification Pooling Hours $150,000.00
Grand Total for Base Period B.3.1 $1,106,000.00
B.3.2 OPTION PERIOD ONE
October 11, 2025, through October 10, 2026
CLIN Item Description Total Price
1001 Operations and Maintenance of the Electronic Visit Verification
System $956,000.00
1002 EVV System Change Hours – Modification Pooling Hours $150,000.00
Grand Total for Option Period One B.3.2 $1,106,000.00
B.3.3 OPTION PERIOD TWO
October 11, 2026, through June 10, 2027
CLIN Item Description Total Price
2001 Operations and Maintenance of the Electronic Visit
Verification System $707,440.00
2002 EVV System Change Hours – Modification Pooling Hours $100,000.00
Grand Total for Option Period Two B.3.3 $807,440.00
ATTCHMENT B
District of Columbia
Department of Health Care Finance
DC EVV System
Appendix A: Service Level Agreements Page 1
SERVICE LEVEL AGREEMENT
Key Performance Indicator Penalty
1. Service Level Agreement – System Availability
System availability is to be defined as the percentage of
possible uptime in a month that the EVV environments
(including all associated components) are available to
users or to perform in a back-up capacity, including all
weekends and holidays. Negotiated downtime for system
maintenance during off-peak hours is not to be included
in the calculation of system availability.
Downtime. Downtime is to be defined as the term
during which any functionality of the EVV is not
functioning/available due to hardware, operating
system or application program failure. Outages
approved by DHCF do not count towards downtime.
System availability is to be based on the following
hours of operation:
EVV Hours of Operation. EVV access is to be
available 100% of the time 24 hours per day, 7 days per
week, except for:
1. Production Downtime. Production downtime for
PDMS components is to be 1% or less.
2. Network Connectivity Downtime. Contractor
network connectivity downtime for all EVV
components, including POS, is to be 1% or less.
Up to 3% of the monthly
operating fee will be
deducted from the monthly
invoice, as follows:
Any 1 of 2 not met: 1%
Any 2 of 2 not met 3%
3. Service Level Agreement – System Performance
Docusign Envelope ID: AE0F155E-1FB2-4F02-A20C-B1F20A896AD1
District of Columbia
Department of Health Care Finance
DC EVV System
Appendix A: Service Level Agreements Page 2
Key Performance Indicator Penalty
System performance is to be defined as EVV response
time to user queries during District working hours,
which are 8:00 a.m. to 5:00 p.m., Eastern Time, Monday
through Friday, excluding District of Columbia
government holidays and business closure days, unless
otherwise requested by DHCF.
The EVV Web-Portal and other system components’
response times are to be measured 7 days a week, 24
hours a day, except during agreed upon downtime.
The Contractor is expected to only be responsible for
that portion of the system and communication link for
which the Contractor has responsibility and control. For
system response time performance mea su res ,
Contractor control is to be defined as any
Subcontractor/Contractor service or point up to and
including the DHCF side of the router.
The Contractor is to provide a system to monitor and
report on response times as defined and approved by
DHCF. All metrics are to be measured and evaluated in
seconds
The Contractor is to ensure system performance meets the
following performance standards:
Up to 5% of the monthly
operating fee will be
deducted from the monthly
invoice, as follows:
Any 1 of 4 not met: 1%
Any 2 of 4 not met: 3%
3 or more of 4 not met: 5%
1. Record Search and Retrieval Time. Within four (4)
seconds 95% of the time, where record retrieval time is
defined as the time elapsed after the retrieve command is
entered until the record data loads to completion on the
monitor.
2. Screen Edit Time. Within two (2) seconds 95% of the
time, where screen edit time is defined as the time elapsed
after the last field is filled on the screen with an enter
command until all field entries are edited with errors
highlighted on the monitor.
3. New Screen/Page Time. Within two (2) seconds 95% of
the time, where new screen/page time is defined as the time
elapsed from the time a new screen is requested until the data
from the screen loads to completion on the monitor.
4. Web Portal Response Time. Within four (4) seconds
99% of the time, where Web Portal response time is defined
as the time elapsed from the command to view a response
until the response appears or loads to completion on the
monitor.
Docusign Envelope ID: AE0F155E-1FB2-4F02-A20C-B1F20A896AD1
District of Columbia
Department of Health Care Finance
DC EVV System
Appendix A: Service Level Agreements Page 3
Key Performance Indicator Penalty
4. Service Level Agreement – Database Updates
Database updates are to be defined as the activities necessary to maintain current and
accurate data as required to conduct the functions outlined in this RFP, in compliance with
all requirements herein.
The Contractor is to ensure database update activities meet the following performance
standards:
1. EVV Database Error Correction Turnaround Time.
Identify and correct errors within one (1) business day of error
detection.
Up to 3% of the monthly
operating fee will be deducted
from the monthly invoice
4. Service Level Agreement – Operational Problem Management
The successful bidder is to provide operational problem
management to manage EVV application problems as they
occur during the Maintenance & Operations phase of the
project, including issues associated with all system
components outlined in this RFP located at the Contractor’s
physical locations.
Operational issues are to be classified, communicated to the
District, documented, addressed and tracked. The Contractor
is to provide software tools to enable the tracking of a
specific defect from identification through correction,
including all testing performed to ensure the correct fix is in
place. Issues are to be documented in the Contractor-
specified format, if approved by the District. During the
Maintenance & Operations phase the Contractor is to
categorize and resolve errors in accordance with District
problem management standards provided by the District, as
follows:
Priority 0 Errors. Critical business impact. Indicates EVV
is unavailable for use resulting in a critical impact on
operations. Requires immediate District notification and
resolution within two (2) hours.
Priority 1 Errors. Serious business impact. Indicates
serious production issues where the EVV is usable but is
severely limited and no workaround exists. Requires
immediate District notification and resolution within 24
hours.
Priority 2 Errors. Significant business impact. Indicates
Up to 6% of the monthly
operating fee will be deducted
from the monthly invoice, as
follows:
Priority 0 Errors standard not
met: 3%
Priority 1 Errors standard not
met: 1.25%
Priority 2 Errors standard not
met: 1.25%
Priority 3 Errors standard not
met: 0.50%
Docusign Envelope ID: AE0F155E-1FB2-4F02-A20C-B1F20A896AD1
District of Columbia
Department of Health Care Finance
DC EVV System
Appendix A: Service Level Agreements Page 4
Key Performance Indicator Penalty
moderate production issue where EVV is usable but a
workaround is available (not critical to operations). Requires
District notification within one (1) hour of problem
discovery and resolution within 5 business days.
Priority 3 Errors. Minimal business impact. Indicates the
problem results in little impact on operations or a reasonable
circumvention to the problem has been implemented.
Requires the District notification within one (1) hour of
problem discovery and resolution within an agreed-upon
schedule between the Contractor and the District (as defined
by the District).
5. Service Level Agreement – Customer Service Support
The Contractor is to provide customer service support, where customers are defined as
Providers, Beneficiaries, the District, and other system users. The Contractor is to maintain
sufficient staff and systems to manage, track and report on Customer Services via multiple
channels, including telephone, Web portal, e- mail, and mail. The Contractor is to provide an
integrated contact management system to be used in tracking and managing Customer
contacts from all channels and can report on Customer contact metrics separately.
Customer Service support is to be available 100% of the time during District working
hours, which are 8:00 a.m. to 5:00 p.m. Eastern Time, Monday through Friday, (as
specified by t h e D i s t r i c t), and on an emergency basis if requested by the District.
The Contractor is to ensure customer service support meets the following performance
standards:
1. Average Speed of Answer. At least 90% of all
calls are to be answered within 30 seconds, where
“answer” means for each caller who elects to speak
to a live representative.
Answer 95% of routine calls within 45 seconds
during normal working hours.
Answer 99% of routine calls within 60 seconds during
normal working hours.
1% of the monthly operating
fee will be deducted from the
monthly invoice
Docusign Envelope ID: AE0F155E-1FB2-4F02-A20C-B1F20A896AD1
District of Columbia
Department of Health Care Finance
DC EVV System
Appendix A: Service Level Agreements Page 5
Key Performance Indicator Penalty
2. Ring Busy Rate. No more than 5% of incoming calls
are to ring busy.
Further, the call center put in place with the enhancements
required in this procurement must meet the following:
Ensure that the weekly average number of incoming calls
that are blocked (calls receiving a busy signal) shall be no
more than one percent.
1% of the monthly operating
fee will be deducted from the
monthly invoice
3. On Hold Time. On hold time is to be less than 2
minutes for at least 90% of all calls, where on hold
time is defined as the time (in seconds) elapsed before
response by a human operator to the caller’s inquiry.
The weekly average wait or hold time shall not exceed
one- hundred twenty seconds.
1% of the monthly operating
fee will be deducted from the
monthly invoice
4. Abandon Rate. The weekly average abandon rate shall
be no more than five percent. A call will be considered
abandoned after the first thirty seconds when a caller
chooses to disconnect after the introductory message and
prior to being connected to a staff member or voice mail.
1% of the monthly operating
fee will be deducted from the
monthly invoice.
5. Customer Phone Inquiry Response Timeliness.
Respond to 100% of verbal (telephone) Customer inquiries
within (1) business day of receipt.
1% of the monthly operating
fee will be deducted will be
from the monthly invoice.
6. Customer Written Inquiry Response Timeliness.
Respond
Up to 3% of the monthly fee
will be deducted from the
monthly invoice., as follows:
>85% to <90% response: 1%
>80% to <85% response: 2%
<80% response: 3%
6. Service Level Agreement – Reporting
Reporting is to be defined as the processes, activities, and deliverables associated with
regular reporting.
The Contractor is to ensure reporting meets the following performance standards:
1. Daily Reports Availability Schedule: accessible to users
by 8:00 a.m. of the next District business day.
0.5% of the monthly operating
fee will be deducted from the
monthly invoice 2. Weekly Reports Availability Schedule: accessible to
users by 8:00 a.m. of the next District business day after the
scheduled run.
Docusign Envelope ID: AE0F155E-1FB2-4F02-A20C-B1F20A896AD1
District of Columbia
Department of Health Care Finance
DC EVV System
Appendix A: Service Level Agreements Page 6
Key Performance Indicator Penalty
3. Monthly Reports Availability Schedule: accessible to
users by 8:00 a.m. of the next District business day following
the end of the month (as determined by the District).
4. Quarterly Reports Availability Schedule: accessible to
users by 8:00 a.m. of the next the District business day
following the end of the quarter.
5. Annual Reports Availability Schedule:
accessible to users by 8:00 a.m. of the next the
District business day following end of the year
(Federal fiscal, District fiscal, or other annual
cycle, as determined by the District),
6. Federal and District Reporting and File
Production/Distribution Schedule. Produce and submit all
required Federal and District reports and data files on a
schedule defined per regulation and by the District.
7. Service Level Agreement – Operational Functionality
The operational functionality items require timely response from the Contractor with the
consumer of the item.
The Contractor is to ensure operational functionality meets the following performance
standards:
1. System Interfacing. Successfully receive and process
interface files from interfacing systems. The interface files
include, but are not limited to, a prior authorization file, a
provider file, and a beneficiary file.
0.5% of the monthly operating
fee will be deducted from the
monthly invoice
9. Service Level Agreement – Maintenance and Modifications Activities
The Contractor must at all times comply with all system and operational performance
requirements and expectations specified in this RFP and the resulting contract. It is the
District’s intent to control operations and modifications activities through the use of
processes and reporting mechanisms.
Maintenance support is expected under the following conditions, which deem it necessary:
1. Operational Improvement. The need to make
operational improvements or increase the operational
efficiency.
0.5% of the monthly operating
fee will be deducted from the
monthly invoice
2. Defect. The correction of a deficiency or defect in the
system, whether identified by DC Medicaid or the contractor.
0.5% of the monthly operating
fee will be deducted from the
monthly invoice
3. Editing Error. The addition, deletion or change of a
value that is manipulated by an existing edit.
0.5% of the monthly operating
fee will be deducted from the
Docusign Envelope ID: AE0F155E-1FB2-4F02-A20C-B1F20A896AD1
District of Columbia
Department of Health Care Finance
DC EVV System
Appendix A: Service Level Agreements Page 7
Key Performance Indicator Penalty
monthly invoice
4. Addition or Deletion. The addition or deletion of a
coded value or entry to an existing table that doesn’t change
the table structure.
0.5% of the monthly operating
fee will be deducted from the
monthly invoice
5. Correction. The correction of data that is found in error
as a result of deficiency or defect in the system.
0.5% of the monthly operating
fee will be deducted from the
monthly invoice
6. New Installation. The installation of new hardware or
software or subsequent releases to the current operating
system, server(s), database management software, COTS
products, or other hardware/software supporting the EVV.
0.5% of the monthly operating
fee will be deducted from the
monthly invoice
Modifications are defined as activities necessary to modify the EVV in accordance with new
District and Federal laws, program expansion, new program policies, and advanced
technology.
The activities include:
7. MITA Maturity Modifications. The implementation of
a series of modifications designed to meet targeted MITA
maturity levels, as described within this RFP.
0.5% of the monthly operating
fee will be deducted from the
monthly invoice
Docusign Envelope ID: AE0F155E-1FB2-4F02-A20C-B1F20A896AD1
DocusignEnvelope1D:DB9B07F0-7E50-45C8-81F1-C32586F87BB4
7ConradNanber
AMENDMENTOFSOLICITATION/MODIFICATIONOFCONTRACT LetterContract 1 2CW118520
ZAmendmeniModTeatonNomber|3:EesiveDate 7RequistionPurchaseRequestNo] 5.SotciaionCaptionElectronicVisitVerificationLetterContract M001 January 9, 2025 Operations and Maintenance
3asadby Coie 7-Rariniteredby(Tortranie6)
OfficeofContractingandProcurement DepartmentofHealthCareFinance
HealthServicesCluster 4414"Street,NW;900South
4414"Street,NW;330South Washington,DC 20001
Washington,DC20001
3NameandAdaressofCorracor(No.Svea,Gly,coun,saleandaCode)| |SAArendmentofSokatationNo
SandataTechnologies,LLC270DuffyAvenue;Unit266A
"0B,Dated(Seetem11)
Hicksville,NY 11801 TOAWodTicationofConiraaOrderNo.
x| LetterContractM001
cw118520GB.Dated(Seelem73)
ee Fatty October11,2024
TTTHISTTEMONLYAPPLIESTOAMENOMENTSOFSOLICITATIONS,
Ddlineabovenumberedsoictaionisamendedassetforthinitem14.ThehouranddatespecifiedforreceiptofOffers(_]isextended.Daisnotextended.
‘Grertmustscinoniedgeevapoisemencmenprtthehouranddatespecieinthesolctaonossamended,byoe hefolowingmethodsaremsc tars8anasandretsring1copyolheamencvent(byacknowledgingrecohsamendmentoneachcopyotefersubmite1S Sepaatarctxwhchneueoftearceotheselcatonandamendmennumber.FAILUREOFYOURACKNOWLEDGMENTTOBEweeeirarTHePLAGEDESIGNATEDFORTHEREGEIPTOFOFFERSPRIORTOTHEHOURANDDATESPECIFIEDMAYRESULTINREJECTIONOFTOUROFFER.ibynueofissmenmentyoudestefochangeanof:alreadysubmited,suchmaybemadebyleerofx,providedeachete©Iiogrummakesrtorcetehesolutionandthsmendmentad ectedprioritheopeninghouranddatesecfes12.AccouringangAppropriationData(Required)3 THISITEMAPPLIESONLYTOMODIFICATIONSOFCONTRACTIORDERS.ITMODIFIESTHECONTRACTIORDERNO_ASDESCRIBEDINITEM14Thischangeordersssvedpursuantto(SpectyAhoy).27OGMR,Chapter38,CorrectModifications‘Thchangessetforthnem14aremadenthecontrctorerno.intemOAS-Thosboveratberedconracordrimodiedioreliedtheadminsravechangesaushascrangosnpayingice,appropriationdata{estfernntem4 pursuantotheathoryof27DCM,Chapter36,Secton3601.3Thissupplemerilagreementsenerediniopursuanttoauoiyof27DOM§36012'D.Other:ExerciseofOption,pursuanttotheauthorityof:27 DCMR§ 3601.3(c)
E.IMPORTANT:Contractor'snotLJ isDdrequiredtosignthisdocument.
a DesaripionofAmendmentModiication(OrganizedbyUCFSeclionheadings,nclingsotclalion/coniractsubjectmatterwherefeasible)
ContractNo.CW118520isherebymodifiedasfollows:
1.ExtendtheLetterContractby60daysfromJanuary9,2025,throughMarch8,2025,fortheamountof
$184,333.33.
2. BythiscontractmodificationthetotalvalueoftheLetterContractis$460,833.34.
3.AttachmentA— Revisedpricescheduleisherebyincorporatedandmadeapartofthecontract.
ALLOTHERTERMSANDCONDITIONSREMAINUNCHANGED.
Fx Tein.allemsandconditionsofthedocumentsreferencedinNemGAor10Aremainunchangedandin(llforceandeffect
7 BaegLSiBAR9P*&Bont 6A,NameofContracingOfficer
sccratneceoae TracyWilljdms
5B,NameofContractor 15.bateSigned| 705.5
TEC.DateSigned
12/5.gfsandataTechnologies,LLC 12/4/2024
{SigsofCanracingOe) (Soratofeonaybarsasd
DocusignEnvelopeID:0B9B07F0-7E50-45C8-81F1-C32586F87BE4
ATTACHMENT A — REVISED PRICE SCHEDULE — LETTER CONTRACT CW118520 —
EVV O&M
B.3 PRICE SCHEDULE - FIRM FIXEDPRICE
B.3.1BASE PERIOD
October11,2024,throughMarch8,2025
ContractLine-Item Item Description TotalPriceNo. (CLIN)
OperationsandMaintenanceoftheElectronicVisit0001 VorificationSystem $410,833.34
0002 EVV SystemChangeHours~ ModificationPoolingHours| $50,000.00
GrandTotalB.3.1forLetterContractM001 $460,833.34
DocusignEnvelope0:ACT138F7-F496-480E-GA17-B1B968C7EBOS
7CantaNombar TageaPasse
AMENDMENTOFSOLICITATION/MODIFICATIONOFCONTRACT LetterContract 1/2cw1185207RmandmariitaacaionNomibar|3EeciveDate 7,RezalsiloniPuhazeRequestNo,]5SeetatonCaption
LetterContractM004| SeeBox16C Vocal eaeeinconon
©tamedby Code 7-Rariiserdby(aa Tanine6)
OfficeofContractingandProcurement DepartmentofHealthCareFinance
HealthServicesCluster 44]4"Street,NW;900South
441 4" Street,NW; 330 South Washington,DC 20001
Washington,DC20001T-NameahdAddressofContractorNoret,iy,souy,SaleandCoda)| —|BAAmendmentaSokcaenNo
SandataTechnologies,LLC270Duffy"Avenue;Unit266A, oeDated(seePeni)
Hicksville,NY 11801 TORWoaiicationofConvacOraeNo.x LetterContractCW118520
OB.DatedSeetem13)code Fecsity October11,2024"TITHISTTEnNONLYAPPLIESTOAMENDWENTSOFSOLICITATIONS
Litestovenumberedsoictationisamendedasselorintem14.Thehouranddatespecifiedforreceiptofters]isextended.(ienotextended
‘aemuststnenedgerecepofthisenterporiotahouanddatepectedhesolcatonorxamended,byoneofteawa methods:Oacompatters8ani andturangcopyofheamendment(0)Byacnowlaspingree bisamendmentoneachcopyofhwoersbilS. separalottroxwelchtudesreecehesoletabonanderenmune. FALUREOFYOURAGKNOWLEUGMENTTOBEMeEENcS'nrThePLAGEDESIGNATEDFORTHEREGEDTOFOFFERSPRIORTOTHEHOURANDOATESPECIFIEDMAYRESULTNREJECTIONOFJOUROFFER.ifyiteofhesmersmenyoudenelochangeanolearedysutmeasuchmaybemadobyeo fx,provedeachtarorictegomos rfecelothsociationansWisasngmentnd’srecevedprtotheepernghesanddateseed"2,AcoungndAppropriationataRequired)13THIHTEMAPBUESONLYTOMODIFICATIONSOFCONTRACTIOROERS,ITMODIFIESTHECONTRAGTIOROERNO.ASDESCRIBEDINITEM147Thischangeoderfseavedpursuanto(SpeelyAuheniy).27DOMR,Chaper86,ContractMediators‘Thechangessetforthinlm14aremadeintheconvactrdeno.iniem108.Thaoveruibredconecfordeimodifiedfoelectheadmnivatvechanges[sochaschangeshayingofc apprepraiondalax_|®Geeettonnintem14pursuantoe aubolyof27DOM,chapter98,Secon3601.3.ThisSupoleenialaareemnenentreno pursuanttoauthoyof27OGM§3804.21D.Other:ErerciesofOpin,pursuantoteaot of.27OOM§96073(e)E,IMPORTANT:—Contraciorisnot[)1sBQrequiredtosignthisdocument
7a.DescriptionofAmendmentModiaton(OrganizedbyUGFSesionheadingsIndudingsoliatoniconiaclsubjectmatterwhoreTeasible)
ContractNo.CW118520isherebymodifiedasfollows:
1.Toextendthelettercontractby2]daysfromMarch8,2025throughMarch29,2025
2.BythiscontractmodificationthetotalvalueoftheLetterContractremains$460,833.34.
ALLOTHERTERMSANDCONDITIONSREMAINUNCHANGED
“Eicegiosprovidedhereinalllensandcanaiionsofthedocumentigreferencedintem9Aor10Aromainunchangedandnflforosandfeck
eaNameanTileofSigner(ypeorin “EANameofConracingOicorJackowning veGlobalcontrolerWilliagis
75,NamofContactor TEC.DaleSigned| TB.Distctof Clupbia TEE.DataSignedincase Sandata
3/6-2025
hel te .|i itase Vif){meme
3/11-2025
Docusign Envelope ID: 9E042148-0CC3-4387-9692-28653F278000
ATTACHMENT A- REVISED PRICE SCHEDULE -LETTER CONTRACT CW118520 -
EVV O&M
B.3 PRICE SCHEDULE - FIRM FIXED PRICE
B.3.1 BASE PERIOD
October 11, 2024, through April 13, 2025
Contract
Line-Item Item Description
No. (CLIN)
0001 Operations and Maintenance of the Electronic Visit
Verification System
0002 EVV System Change Hours - Modification Pooling Hours
Grand Total B.3.1 for Letter Contract M00l
2
Total Price
$459,202.40
$50,000.00
$509,202.40
DocusignEnvelopeID:AC7138F7-F496-45DE-9A17-B1B968C7EBSB
AWARD/CONTRACT
PageofPages1 [59
7.SoctaionNumber
@,ContractNumberCW118520
7ElectiveDateSee20C.below
“.Requistion/PurchaseRequestProjedtNo,
5issuedBy.OfficeofContractingandProcurementHealthServicesCluster4414thStreet,NW;Suite330S
Code %Aaminiateredby otherthanline5)DepartmentofHealthCareFinanceHealthCareOperationsAdministration4414"Street,NW;Suite900S
Washington,DC 20001 Washington,DC 20001
7.NameandAreasofContractorlo,WOR,ly,Coun,Sat,andZpCome)
‘SandataTechnologies,LLC
270DuffyAvenue;Unit266A.Hicksville,NY 11801
Delivery(FOB Origin _[]FOB Destination
‘9.DiscountfrpromptpaymentNet30day
“1.SubmitinvoiaestotheAddressshowninSectionG2(2copiesuniessotherwisespecified)DC VendorPortal,https://ve
i.ShiptearFor [soso] 7.Paymentwillbemadeby ndorportal.de,govSr Same]
DepartmentofHealthCareFinanceHealthCareoperationsAdministration4414"Street,NW; Suite900S DepartmentofHealthCareFinance
Setforthorotherwiseidentifiedaboveandonanycontinuationsheets,fortheCeraideraonslatedneren,Thegts andcbigationsofthepartesNsconac‘Shallbesubjecttoandgovernedby thefollowingdocuments:(a)this‘awardiconiracl,(2)thesolicitation,any,and(e)suchprovisions,representations,tcrtficatons,and’specificaions,asa¥eattachedorincorporaiedbyreferenceherein.(Attachmentsarelistedherein.)
Washington,DC20001
73.RemitAdaress "7:ResouningandAppropriationDataENCUMBRANCECODE:
ieAiem "5 SuppiesSonies WSC.Oy.| 15D.Unt_| —15E.UntPace TSFAmount
OperationsandMaintenanceoftheElectronicOt | PeetverificationSystem 1 Year $956,000.00$956,000.00
@2_[ EVVSystemChangeHours 1 Year '$1,05000.00‘$150,000.00
“AmountofContract| $1,106,000.00
76.TableofContents
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(Feee'yContacteagreestofumishanddeveraltemsorperformalltheservices| SolctaionNumber,includingtheadlionsorchangesmadebyyou‘whichadgtionsorchangesaresetforthinfullabove,isherebyacceptedBstothelemslistedaboveandonaonsummatesthecontractwhichconsisofthef‘continuationsheets.Thisaward‘documents:(8)theGovernmentssolictaionandyourofer,and(b)hisaward/contract.Nofurthercontractualdocumentisnecessary.
TBR faner(TypeoF TameofContactingOFfeaFacesthoomCineoT lobcoverTRS73 TEC.DateSioned|206:DitetColumbia OG.DaeSignedoes
JaceDour 3/6/20257 a {SignatureofContractongOfficer)
200c 201(7-99)
GovernmentoftheDistrictofColumbiaP OfficeofContracting&Procurement
CW118520 EVV O&M
2
SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST
B.1 The Government of the District of Columbia (the “District”), Office of Contracting and
Procurement (OCP), on behalf of the Department of Health Care Finance (DHCF), continue to
have a need for Sandata Technologies, LLC to continue to provide operations and maintenance of
the Electronic Visit Verification (EVV) system in its entirety that will provide a “hybrid” EVV
system which allows the District to contract with a single EVV Contractor and allows Providers
to utilize their own EVV system, when applicable. This EVV system would include aggregator
capacity that provides comprehensive oversight of the entire EVV program.
B.2 The District contemplates the award of a firm-fixed-price contract in accordance with Title 27 of
the District of Columbia Municipal Regulations (DCMR) Chapter 24.
B.3 PRICE SCHEDULE – FIRM FIXED PRICE
B.3.1 BASE PERIOD
October 11, 2024, through October 10, 2025
Contract
Line-Item
No. (CLIN)
Item Description Total Price1
0001 Operations and Maintenance of the Electronic Visit
Verification System $956,000.00
0002 EVV System Change Hours – Modification Pooling Hours $150,000.00
Grand Total for Base Period B.3.1 $1,106,000.00
B.3.2 OPTION PERIOD ONE
October 11, 2025, through October 10, 2026
CLIN Item Description Total Price
1001 Operations and Maintenance of the Electronic Visit Verification
System $956,000.00
1002 EVV System Change Hours – Modification Pooling Hours $150,000.00
Grand Total for Option Period One B.3.2 $1,106,000.00
1 Explanation of the differences in cost/pricing structure: The state of Nevada’s and the District’s pricing structure differs
in the participation rate of users utilizing their own EVV system (alternative). The District has substantially more providers
using an alternative system while the majority of Nevada’s providers use the State-issued EVV system. As a result, this
causes an increase in the District’s pricing structure to allow for increased technical support for vendors and providers, data
cleanup, integration and aggregation, normalization, and ensuring that the data aligns with the rules whenever data is
integrated into the District’s EVV system. Also, the District utilizes more modification pooling hours than the state of
Nevada.
CW118520 EVV O&M
3
B.3.3 OPTION PERIOD TWO
October 11, 2026, through June 10, 2027
CLIN Item Description Total Price
2001 Operations and Maintenance of the Electronic Visit
Verification System $707,440.00
2002 EVV System Change Hours – Modification Pooling Hours $100,000.00
Grand Total for Option Period Two B.3.3 $807,440.00
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.
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
C.1.1 The Government of the District of Columbia (the “District”), Office of Contracting and
Procurement (OCP), on behalf of the Department of Healthcare Finance (DHCF) continues to
have a need for Sandata Technologies, LLC to continue to operate and maintain its hybrid
Electronic Visit Verification (EVV) system in its entirety. The District is seeking to contract with
a single EVV Contractor that will provide Operations and Maintenance (O&M) of its Hybrid
EVV that allows Providers to utilize their own EVV system, when applicable. This EVV system
would include aggregator capacity that provides comprehensive oversight of the entire EVV
program.
C.1.2 The EVV system, at minimum, should meet the requirements laid out by the federal government
in Section 12006 of the 21st Century Cures Act and this procurement. EVV is a system under
which home visits (to beneficiaries by professionals and paraprofessionals) are electronically
verified with respect to who is providing and receiving the service, as well as the type, location,
date, and the actual time and duration of delivery.
C.1.3 DHCF expects to use the EVV system to support monitoring fraud, waste, and abuse. The EVV
system will ensure security of data and compliance with HIPAA and HITECH requirements.
C.1.4 Additionally, the EVV system must interface both with DHCF’s MMIS, the Medicaid Data
Warehouse and relevant EVV systems associated with each of DC’s Managed Care Organizations
(MCOs).
C.1.5 The EVV system must accommodate the District’s Participant Directed Services (PDS) program,
and the Contractor must be prepared to coordinate with the District’s Vendor Fiscal/Employer
Agent Financial Management Services-Support Broker Entity (Vendor F/EA FMS-Supports
Broker) who supports the PDS program, “Services My Way.”
C.1.6 The EVV system must be able to accommodate different services and provider types with
different policies and procedures, reimbursement rates, and business rules, as well as changes to
or expansions of the services and provider types.
C.2 APPLICABLE DOCUMENTS
C.2.1 The following documents and applicable to this procurement and are hereby incorporated by this
reference:
Item
No. Document Type Title
1 Federal Law
42 USC 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.htm
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Item
No. Document Type Title
2 Federal Law 21st Century Cures Act; Public Law No: 114-255
3 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
4 Federal Regulation
45 CFR Part 160 and 164
Health Insurance Portability and Accountability Act (HIPAA)
Regulations
http://www.hhs.gov/ocr/privacy/hipaa/administrative/privacyrul
e/index.html
5 Federal Regulation
Health Information Technology for Economic and Clinical
Health (HITECH) Act
Title XIII of the American Recovery and Reinvestment Act of
2009 (Pub.L. 111–5)
6 Federal Regulation
Health Information Technology for Economic and Clinical
Health (HITECH) Act
Title XIII of the American Recovery and Reinvestment Act of
2009 (Pub.L. 111–5)
7 Federal Standard Executive Order 13166
http://www.lep.gov/13166/eolep.htm
8 Federal Standard
Executive Order 13164: Establishing Procedures To Facilitate
The Provision Of Reasonable Accommodation
http://www.eeoc.gov/policy/docs/accommodation_procedures.ht
ml
9 Federal Standard Americans with Disabilities Act Amendments Act of 2008
http://www.eeoc.gov/laws/statutes/adaaa_info.cfm
10 Federal 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
11 Federal Standard
Guide for Performing Risk Assessments
NIST SP 800-30
HTTP://CSRC.NIST.GOV/PUBLICATIONS/NISTPUBS/800-
30-REV1/SP800_30_R1.PDF
12 DC Law District of Columbia Language Access Act
http://ohr.dc.gov/languageaccess/2012report
13 DC Regulation
Elderly and Individuals with Physical Disabilities Waiver
regulations.
29 DCMR §§ 4200-4299 (2003)
14 DC Regulation
Individuals with Intellectual and Developmental Disabilities
Waiver regulation
29 DCMR §§ 1900-1999 (2015)
15 DC Regulation Adult Day Health regulation
29 DCMR §§ 9700-9799, (2015)
16 DC Regulations PCA regulation
29 DCMR §§5000-5099 (2015)
C.2.2 All laws listed above shall specifically include and incorporate any implementing regulations
promulgated following the laws.
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C.2.3 This Cooperative agreement is in accordance with the State of Nevada Department of Health and
Human Services, Division of Health Care Financing and Policy, competitively solicited EVV
system services and awarded Contract No.40DHHS-S2143 to Sandata Technologies, LLC
(Sandata).
C.3 DEFINITIONS/ACRONYMS
These terms, when used in this contract, have the following meanings:
C.3.1 Agency – Any department, commission, council, board, office, bureau, committee, institution,
agency, government, corporation, or other establishment of the executive branch of this state
authorized to participate in any contract resulting from this solicitation.
C.3.2 Business Rules Engine – A software component that allows non-programmers to add or change
business logic in a business process management system. A business rule is a statement that
describes a business policy or procedure.
C.3.3 Bidirectional – functioning in two directions.
C.3.4 Calendar Day – All days of the week including District and federal holidays.
C.3.5 Case Manager/Case Worker/Service Coordinator – A person designated as the coordinator of
resources for assigned recipients to efficiently and effectively coordinate care.
C.3.6 Code of Federal Regulations (CFR) – The Federal rules that direct a state in its administration and
implementation of a Medicaid Program, including associated IT systems.
C.3.7 Claim – A bill furnished by a single provider to the Medical Assistance Program for a specific
service(s) rendered to a single recipient for a given diagnosis or set of related diagnoses. A claim
can be submitted for payment in hard copy form, Electronic Media Claims (EMC), or directly
through on- line transmission.
C.3.8 Confidentiality – Standards to ensure that all reports, files, information, data, tapes and other
documents provided to and prepared, developed, or assembled by the Contractor are not
inappropriately shared with external entities except as authorized under federal and District laws
and regulations, including the Health Insurance Portability and Accountability Act (HIPAA).
C.3.9 Configuration – Using native developer tools to modify, activate or “turn-on” existing behaviors
and/or features of the baseline product to meet customer requirements.
C.3.10 Contractor – The successful Offeror, after being awarded a single contract.
C.3.11 Disaster Recovery Plan – Plan developed and maintained by the Contractor for an orderly
shutdown of operations along with detailed plans for resumption of operation.
C.3.12 Elderly and Persons with Disabilities Waiver – The District’s Medicaid waiver established under
Section 1915(c) of the Social Security Act providing home- and community-based long-term care
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services and supports to individuals who are elderly or have a disability and meet District
eligibility standards.
C.3.13 Enhancement – An augmentation and/or a change to EVV; an improvement to the basic system
which either increases functionality or makes the system run more efficiently.
C.3.14 Federal Information Processing Standard (FIPS) – is a U.S. government computer security
standard used to approve cryptographic modules. The title is Security Requirements for
Cryptographic Modules.
C.3.15 Home Health Care Services – services described in section 1905(a)(7) provided under a State plan
under this title (or under a waiver of the plan)
C.3.16 ICF/IDD – intermediate care facilities for individuals with intellectual and developmental
disabilities.
C.3.17 IDD/DD Waiver – The District’s Medicaid waiver established under Section 1915(c) of the
Social Security Act providing home- and community-based long-term care services and support
to individuals with intellectual and developmental disabilities.
C.3.18 In-Home Supports – services provided to people enrolled in the IDD Waiver who have an
assessed need for assistance with acquisition, retention or improvement in skills related to
activities of daily living that are necessary to enable the person to reside successfully at home in
their community and participate in community activities based upon what is important to and for
the person as documented in his or her Individual Support Plan (ISP) and reflected in his or her
Person-Centered Thinking and Discovery tools. Services may be provided to people in the home
or community, with the place of residence as the primary setting.
C.3.19 Medicaid – The Medical Assistance Program established under Title XIX of the Social Security
Act intended to provide Federal and State financial assistance for health and medical care of
eligible persons.
C.3.20 Medicaid Data Warehouse – This provides access to claims-based data, reports and functionality
than previously available, in a secure environment that allows District staff access to pre-built
reports, dashboards and MDW core functions.
C.3.21 Medicaid State Plan Personal Care Services – An optional benefit which allows states to fund
non-medical assistance with activities of daily living (ADLs) such as bathing and eating, and
instrumental ADLs (IADLs), such as shopping and preparing meals.
C.3.22 Medicaid Information Technology Architecture (MITA) Framework (MTTA 3.0) – MITA is a
CMS initiative that fosters an integrated business and information technology (IT) transformation
across the Medicaid enterprise to improve the administration and operation of the Medicaid
program.
C.3.23 Medicaid Management Information System (MMIS) – A mainframe system that processes
Medicaid claims, also referred to as “Omnicaid”, or the “Medicaid enterprise system.”
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C.3.24 Omnidirectional – receiving signals from or transmitting in all directions.
C.3.25 Participant-Directed Services (PDS) – is a global term that refers to both participant-directed
community supports, and individual-directed goods and services provided under DHCF’s
“Services My Way Program.”
C.3.26 Personal Care Aide Services – Services provided under a State plan under this title (or under a
waiver of the plan), including services provided under section 1905(a)(24), 1915(c), 1915(i),
1915(j), or 1915(k) or under section 1115 waiver.
C.3.27 Prior Authorization (PA) – Approval given in advance by the Medicaid program to a provider for
a service to a recipient.
C.3.28 Procedure Code – A numeric representation of a medical diagnosis, treatment, service, or
procedure required to be submitted by a provider to support coverage by Medicaid.
C.3.29 Program – A distinct set of services for a distinct population with specific operational
requirements.
C.3.30 Provider – A person, organization, or institution certified to provide health or medical care
services.
C.3.31 Recipient – An eligible participant or beneficiary.
C.3.32 Service Authorization – Approval given in advance by DDA to a provider for a service to a
recipient. A service authorization triggers the generation of Prior Authorization.
C.3.33 Services My Way – is the participant-directed service program implemented in the District by
DHCF. This program offers both participant-directed community support and individual-directed
goods and services via the EPD waiver, using both Vendor F/EA FMS and Support Broker
services to facilitate Participants’ use of these services.
C.3.34 Secure File Transfer Protocol (SFTP) – is a network protocol that provides file access, file
transfer, and file management over any reliable data stream.
C.3.35 Support Broker – serves as a source of information and assistance services for participants and
their representatives to support their use of PDS.
C.3.36 System Testing – The process that integrates testing of all components of the EVV system.
C.3.37 Transition – The EVV system conversion from the Contractor to the District or successor
Contractor.
C.3.38 Vendor Fiscal/Employer Agent Financial Management Services (VF/EA FMS) – Financial
management services for EPD waiver participants and their authorized representatives, if
applicable, to support their use of PDS.
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C.3.39 Waiver – An exception requested of or granted by CMS in response to a request from a state or
the District, usually regarding some required aspect of Medicaid regulations in order to
implement a new program or EVV system.
C.3.40 CCMS – Clinical Case Management System
C.3.41 CFR – Code of Federal Regulations
C.3.42 CMS – Centers for Medicare and Medicaid Services
C.3.43 DD – Developmental Disability
C.3.44 DDA – The Developmental Disabilities Administration
C.3.45 DDS – Department of Disability Services
C.3.46 DDI – Design, development, and implementation
C.3.47 DDS – District Department of Disability Services
C.3.48 DHCF – District Department of Health Care Finance
C.3.49 FIPS – Federal Information Processing Standard
C.3.50 HCBS – Home and Community Based Services
C.3.51 HIPAA – Health Insurance Portability and Accountability Act
C.3.52 ICF – Intermediate Care Facility
C.3.53 IDD – Intellectual and Developmental Disabilities
C.3.54 LTCA – The District Department of Health Care Finance Long-Term Care Administration
C.3.55 LTSS – Long-Term Care Services and Supports
C.3.56 MITA – Medicaid Information Technology Architecture
C.3.57 MMIS – Medicaid Management Information System
C.3.58 O&M – Operations and Maintenance activities
C.3.59 OCP – Office of Contracting and Procurement
C.3.60 PCA – Personal Care Aide
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C.3.61 PDS – Participant-Directed Services
C.3.62 PA – Prior Authorization
C.3.63 FRD – Functional Requirements Document/Business Rules Workbook
C.3.64 SFTP – Secure File Transfer Protocol
C.3.65 VF/EA FMS – Vendor Fiscal/Employer Agent financial Management Services
C.4 BACKGROUND
C.4.1 In December 2016, Congress enacted the 21st Century Cures Act, Section 12006 of the Act
requires States to implement electronic visit verification (EVV) for Medicaid-Financed Personal
Care Services by January 1, 2021 and Home Health Services by January 1, 2023, to avoid a
reduction in their federal match. DHCF contracted Sandata, on October 11, 2019, to implement
and operate its EVV System. The EVV System went live on January 1, 2021, for Personal Care
Services (PCS) and on January 1, 2023 for Home Health Care Services (HHCS).
C.4.2 The EVV legislation provides basic standards for state Medicaid program compliance.
Specifically, an EVV system, at minimum, must verify the following for each covered service:
C.4.2.1 Date of service;
C.4.2.2 Location of service;
C.4.2.3 Individual providing service;
C.4.2.4 Type of service;
C.4.2.5 Individual receiving service; and
C.4.2.6 Time the service begins and ends.
C.4.3 While the explicit goals for EVV implementation are not detailed in the Cures Act, historical use
of EVV has led to enhanced program efficiencies and cost reductions, as well as fraud mitigation
and care improvement.
C.4.4 For purposes of this contract, all services meeting the definition of personal care aide services
(i.e., those services providing support with activities of daily living and/or instrumental activities
of daily living in a beneficiary’s home) must be processed via the EVV system.
C.4.5 Beneficiaries can receive personal care aide services through the District of Columbia's Medicaid
State Plan. The District also maintains two home and community-based services (HCBS) waivers:
the Elderly and Persons with Disabilities (EPD) waiver and the Individuals with Intellectual and
Developmental Disabilities (IDD) waiver. In FY17, approximately 6,000 unique Medicaid
beneficiaries received personal care aide services through DHCF’s Long Term Care
Administration (LTCA) from 21 enrolled Providers. Approximately 3,000 of these individuals
have an assigned case manager through the EPD waiver.
C.4.6 With regards to the IDD waiver, those services meeting the definition of personal care aide
services includes respite, supported living, in-home supports, residential habilitation, and host
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home. Approximately 1,700 unique Medicaid beneficiaries received these services from 81
distinct Providers in FY17.
C.4.7 Beyond individuals served through LTCA and DC’s two waiver programs, there were just over
300 unique Medicaid beneficiaries who received personal care aide services through one of DC’s
managed care contracts (versus through fee for service).
C.4.8 In FY16, LTCA also implemented a participant-directed services (PDS) program called “Services
My Way” as an alternative to traditional personal care aide services. This program, supported
under contract to the District’s Financial Management Services (FMS)-Support Broker (SB), had
over 400 enrollees at the close of FY17, all of whom are enrolled in the EPD waiver.
C.4.9 Any EVV system established under this scope of work needs to have the capacity to meet federal
requirements with respect to all individuals receiving Personal Care Aide services, including
waiver, non-waiver, and Services My Way.
C.4.10 Since its go live on January 1, 2021, the District’s EVV system provides the District the ability to
monitor health care providers’ compliance with CMS identified in-home and personal care aid
services that are subject to the EVV requirements. The EVV system enables the District to view
the number of authorized procedure codes and paid claims and encounters that are associated with
EVV visits. To comply with federal reporting requirements, the District monitors key
performance indicators and reports this information quarterly to CMS.
C.4.11 System Documentation
C.4.11.1 The EVV system documentation requirements are specified in the original contract with
Sandata signed on October 11, 2019. This original contract was to design, develop,
implement, and operate and maintain the EVV system. DHCF’s EVV System went live on
January 1, 2021, for Personal Care Services (PCS) and on January 1, 2023, for Home Health
Care Services (HHCS).
C.4.11.2 The original EVV system documentation was delivered to the District when the EVV System
went live. Some of the system documents (i.e. requirements workbook, interface design) have
been updated as a result of changes implemented after the system go-live.
C.4.11.3 During the upcoming O&M period, the District may need to implement new functionality via
EVV system change requests in response to new District or CMS requirements. In support of
these EVV system change requests, the contractor may be required to update some or all the
delivered EVV system documentation, and the District will need to review and approve these
updates.
C.5 REQUIREMENTS
C.5.1 EVV Capabilities
The Contractor shall operate and maintain the EVV system that includes the following
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capabilities:
C.5.1.1 Provide visit verification with data received from GPS enabled mobile devices;
C.5.1.2 Include rules and associated mechanisms for a manual override option available for Providers
to authorize submissions that are not transmittable at the point of check-in/check-out, or that
require an over-ride due to temporary address that is not associated with the beneficiary’s
residence on record, etc.; and
C.5.1.3 Visits can be submitted via the following EVV mechanisms:
C.5.1.3.1 Telephony;
C.5.1.3.2 Alternative fixed location tracking devices that can be in the beneficiary’s home to
provide verification coverage for those who have no land line and no available cell
services; or
C.5.1.3.3 Delayed upload directly to the EVV system (only by authorized Provider personnel);
C.5.1.3.4 A EVV system to distinguish between prior authorizations for State Plan personal care
services, prior authorizations for EPD waiver personal care services, and prior
authorizations for IDD waiver personal care services;
C.5.1.3.5 Establish pathways to ensure that residences with limited wireless network connectivity
can still submit EVV data via integrated GPS-enabled capacity (e.g., geofencing to
establish virtual perimeters/boundaries).
C.5.1.3.6 Provide visit verification data that allows DHCF to prevent provider abuse or
inappropriate billing/payment by collecting beneficiary and direct service worker
information electronically at the beginning and end of services provided in the home and
other settings. The EVV system must maintain an audit trail that electronically and
accurately documents and tracks login and logout times of visits by direct service workers.
In addition, the EVV system must allow for multiple in/out activities per day.
C.5.1.3.7 Provide verification of service tasks performed by the direct service worker per the
beneficiary’s plan of care.
C.5.1.3.8 Allow for verification of services that are provided outside the beneficiary’s home (i.e.,
community-based settings, hospitals, temporary address, etc.)
C.5.1.3.9 Maintain a response time (to call-in transactions) that shall be less than three seconds for
user submitted data for 98% of the transactions.
C.5.1.3.10 In relation to telephony-based EVV claim submission the Contractor shall use biometric
interactive voice verification, or another proposed method approved by the DHCF that
provides at least 99% accuracy to assure the correct direct service worker is identified.
The Contractor shall include method(s) for acquiring direct service worker baseline
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verification information and indicate whether capability is present within the EVV system
to determine whether the correct direct service worker is identified with 99% accuracy.
C.5.1.3.11 Provide real-time multi-level escalating alerts of pending late and missed visits to the
Providers, case management agency (when applicable) and other entities as determined by
DHCF. For instance, the provider is made aware if the worker does not arrive to deliver
services so that the Providers can schedule an alternate worker or contact the beneficiary.
C.5.1.3.12 Ability to track and report modifications to the changes EVV system data input elements
after the direct service worker has called in their time or services, including the name of
the Providers staff making the changes and the reason for changes. The EVV system must
have the capability to limit Providers’ authority to modify service entries or input manual
service entries based on program rules which may vary between programs. This may
include limiting the number or percentage of manual service entries a provider is allowed
to enter.
C.5.1.3.13 Provide role-based access controls in a multi-tiered environment that allows DHCF, case
managers, Providers, and MCOs to create user roles and assign access to user roles for
viewing of appropriate levels of data. For instance, case management agencies serve
beneficiaries across multiple Providers and should be able to access information across
Providers, but only for those individuals that the case management agency serves.
C.5.1.3.14 Provide real-time visibility, at all levels of authorized users, into the services being
provided.
C.5.1.3.15 Provide real-time capabilities to record service delivery and task details in home or
community settings and develop an electronic record.
C.5.1.3.16 Provide an integrated EVV system that includes scheduling, authorization monitoring,
visit verification.
C.5.1.3.17 Have the capability to receive and store daily updates of beneficiary, provider, and plan of
care data sent from Providers, case management agencies, and other entities, as
appropriate.
C.5.1.3.18 Have an aggregator module that provides DHCF with a single uniform source of EVV
data and network rules management tools while allowing Providers to utilize the EVV
Contractor that works best for their business.
C.5.1.3.19 Meet all current and forthcoming Federal guidelines and/or mandates relative to electronic
visit verification, where the Contractor must provide updated releases of DC’s EVV
system related to new Federal guidelines and/or mandates.
C.5.1.3.20 Meet all the requirements outlined in the Service Level Agreement, Appendix A.
C.5.2 CMS Medicaid IT Standards and Conditions
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C.5.2.1 The Centers for Medicare and Medicaid Services published the Standards and Conditions for
Medicaid IT as part of the Medicaid Enterprise Certification Toolkit on July 31, 2017.
According to CMS it is essential for states to understand and align technology procurements
with the Standards and Conditions for Medicaid IT to achieve improvement in the
procurement process.
C.5.2.2 The Contractor shall operate and maintain an EVV system that comply with the following:
C.5.2.2.1 The EVV system meets the system requirements, standards and conditions, and
performance standards in Part 11 of the State Medicaid Manual, as periodically amended.
C.5.2.2.2 The EVV system is compatible with the claims processing and information retrieval
systems used in the administration of the Medicaid program.
C.5.2.2.3 The EVV system supports the data requirements of quality improvement organizations
established under Part B of title XI of the Act.
C.5.2.2.4 The information in the EVV system will be safeguarded in accordance with subpart F, part
431 of this subchapter.
C.5.2.2.5 The EVV system uses a modular, flexible approach to systems development, including the
use of open interfaces and exposed application programming interfaces; the separation of
business rules from core programming, available in both human and machine-readable
formats.
C.5.2.2.6 The EVV system aligns to, and advances increasingly, in MITA maturity for business,
architecture, and data.
C.5.2.2.7 The EVV system ensures alignment with, and incorporation of, industry standards adopted
by the Office of the National Coordinator for Health IT in accordance with 45 CFR part
170, subpart B:
C.5.2.2.7.1 The HIPAA privacy, security and transaction standards; accessibility standards established
under section 508 of the Rehabilitation Act, or standards that provide greater accessibility
for individuals with disabilities, and compliance with Federal civil rights laws;
C.5.2.2.7.2 Standards adopted by the Secretary under section 1104 of the Affordable Care Act; and
C.5.2.2.7.3 Standards and protocols adopted by the Secretary under section 1561 of the Affordable
Care Act.
C.5.2.2.8 The EVV system promotes sharing, leverage, and reuse of Medicaid technologies and
systems within the District’s Medicaid enterprise or among other Medicaid States.
C.5.2.2.9 The EVV system supports accurate and timely processing and adjudications and effective
communications with providers, beneficiaries, and the public.
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C.5.2.2.10 The EVV system produces transaction data, reports, and performance information that
would contribute to program evaluation, continuous improvement in business operations,
and transparency and accountability.
C.5.3 System Architecture
C.5.3.1 The Contractor shall operate and maintain the architecture of the EVV system configurable to
support multiple programs or services i.e., services provided via the EPD and IDD waivers,
respectively, including personal care aid services, in-home support services, respite services,
and supported living services which have different policies and procedures, reimbursement
rates, and business rules, all of which are subject to change during the contract period in
response to state and federal regulations, budget appropriations, court proceedings, and other
factors.
C.5.3.2 The Contractor shall operate and maintain the EVV system supporting the following business
rules/procedures:
C.5.3.2.1 Allow for only certain Provider personnel to enter service tasks, based on program needs
and rules. Certain programs may require service tasks to be entered in the EVV system for
only certain personnel types, whereas others may require Providers to document service
tasks through the current paper process or other alternative process.
C.5.3.2.2 Allow for multiple groups or lists of acceptable service task activities to be billed and/or
recorded, based on program needs and rules.
C.5.3.2.3 Have the capability for direct service workers to denote the beneficiary’s status or need for
other assistance in the EVV system and to require such notation where necessary based on
program needs and rules.
C.5.3.2.4 Permit the Services My Way FMS-SB Contractor to bypass entering a worker schedule in
the EVV system, if necessary.
C.5.3.2.5 Permit the Services My Way FMS-SB to load various rates of pay for individual direct
service workers.
C.5.3.2.6 Permit certain other Providers to bypass entering a worker schedule, based on program-
specific rules. Certain programs/services may require Providers to enter workers’
schedule, whereas other program/services may not require such.
C.5.3.2.7 Allow for the EVV system to link a beneficiary to more than one provider and/or program.
Beneficiaries are often eligible for and enrolled in more than one program, each with its
own rules, and may have multiple Providers within any single program.
C.5.3.2.8 Enforce the following edit checks:
C.5.3.2.8.1 The same direct service worker is not providing services to multiple beneficiaries at the
same time.
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C.5.3.2.8.2 RESERVED
C.5.3.2.8.3 RESERVED.
C.5.3.2.8.4 RESERVED.
C.5.3.2.8.5 Handle multiple procedure codes, modifiers, and rates.
C.5.3.2.8.6 Allow and enforce multiple service limits for different service ranges (i.e., day, week,
month, and year).
C.5.3.2.9 Permit retroactive prior authorizations and changes to prior authorizations based on
revisions to beneficiaries’ plans of care/service plans in accordance with DHCF
permission levels.
C.5.3.2.10 Permit MCOs to view provider/worker schedules and receive alerts for monitoring
purposes.
C.5.3.2.11 Permit case management agencies to receive alerts for monitoring purposes.
C.5.3.2.12 Handle automatic loading of provider and recipient files.
C.5.3.2.13 Have an architecture model which supports a Business Rules Engine which is easy to
maintain and configure. The Business Rules Engine shall allow flexibility supporting
Program Policy and Rule changes as they occur and limiting the amount of customization
needed in adapting to changes.
C.5.3.2.14 Have a reliable backup and recovery processes in the event of a system malfunction or
disaster situation, as well as provide an alternative for timekeeping due to a provider’s
failure or inability to use the system for a start or end shift. Provide an emergency back-up
system.
C.5.3.2.15 Securely handle and store sensitive participant and provider information in accordance
with HIPAA requirements.
C.5.3.2.16 Provide for user support, including support to Providers and providing at least a phone-
based support for Providers.
C.5.4 Reports
C.5.4.1 The Contractor shall operate and maintain the EVV system to provide a standard suite of
oversight and management reports to DHCF, case management agencies, Providers, and
MCOs, when appropriate. In addition, the system shall permit DHCF to use data elements to
query and generate ad-hoc reports.
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C.5.4.2 The Contractor shall provide a report on all services tracked by the EVV system provided by
an aide or individual at DHCF's request. The report shall include dates, service start times,
service end times, who provided the services, and who received the services. It shall be
formatted in XML, spreadsheet, CSV, or a format requested by DHCF.
C.5.4.3 The EVV system shall allow DHCF to run the report for various times periods and the report
data needs to be in a format (Microsoft Excel or similar format) which allows for export and
additional analysis. Samples shall include but not be limited to:
C.5.4.3.1 Direct service worker reporting, including but not limited to service delivery;
C.5.4.3.2 Scheduling reports;
C.5.4.3.3 Daily system activity reports including all calls received, calls by recipient, calls by direct
service workers, late or missed visits, and unscheduled visits; and
C.5.4.3.4 Aggregate performance reports with data presented by direct service worker, Providers,
hours of service delivery, type of beneficiary, geographic area, etc.
C.5.4.4 The Contractor shall provide a Service Level Agreement (SLA) compliance report in Word or
PDF monthly for status meetings and on an ad hoc basis for District review at any point in
time. See SLA requirements for Appendix A.
C.5.5 Data Retention
C.5.5.1 The Contractor shall retain direct service worker and recipient service data for at least 10
years. In addition, sufficient capacity must be present to allow for future expansion of
additional populations or services in the future.
C.5.5.2 The Contractor shall transmit all raw data elements to DHCF in the format and frequency
requested by DHCF. It shall be formatted in XML, spreadsheet, CSV, or a format requested
by DHCF.
C.5.6 EVV System Technical Requirements
C.5.6.1 The Contractor shall transmit all non-proprietary data which is relevant for analytical
purposes to DHCF as requested in XML, spreadsheet, CSV or a format requested by DHCF.
The final determination of relevant data will be made by DHCF based on collaboration
between both parties. The schedule for transmission of the data will be established by DHCF
and dependent on the needs of DHCF related to the data being transmitted. The non-
proprietary data files for this purpose will be transmitted via SFTP to DHCF. Any other data
or method of transmission used for this purpose must be approved via written agreement by
both parties.
C.5.6.2 The Contractor shall adhere to state and federal regulations and guidelines as well as industry
standards and best practices for systems or functions required to support the requirements of
this contract.
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C.5.6.3 The Contractor shall clearly identify any systems or portions of systems which are proprietary
in nature.
C.5.6.4 The Contractor shall be responsible for all expenses required to obtain access to DHCF
systems or resources which are relevant to successful completion of the requirements of this
contract. The Contractor is also responsible for expenses required for DHCF to obtain access
to the Contractor’s systems or resources which are relevant to the successful completion of the
requirements of this contract. Such expenses are inclusive of hardware, software, network
infrastructure and any licensing costs. Any confidential information must be encrypted to
FIPS 140-2 standards when at rest or in transit.
C.5.6.5 The Contractor shall utilize computers and devices that have the following capabilities:
C.5.6.5.1 Be protected by industry standard virus protection software which is automatically updated on
a regular schedule;
C.5.6.5.2 Have installed all security patches which are relevant to the applicable operating system and
any other system software; and
C.5.6.5.3 Have encryption protection enabled at the Operating System level.
C.5.6.6 The Contractor shall engage in robust planning discussions which will drive the technical
compatibility of the solution within the DHCF infrastructure that will be in place.
C.5.6.7 The Contractor shall provide an EVV system that is MITA 3.0 compliant.
C.5.7 System Change Orders – Modification Pooling Hours
C.5.7.1 The contractor shall allow for up to a thousand (1,000) total modification pooling hours per
year for System Change Orders. The modification pooling hours can be used in any of the
base or option years. Any hours not used during a year of operation will be carried over to the
next year of operations.
C.5.7.2 When the District requests a System Change Order, the Contractor shall provide the Level of
Effort (LOE) detailing the number of hours needed to implement the requested change. The
cost breakdown must be provided in Word or PDF format with detailed line items to support
the number of hours and cost of the requested System Change Order.
C.5.8 System Operations and Maintenance
C.5.8.1 The Contractor shall conduct O&M activities to ensure that the EVV system is fully
functional, and it performs optimally until the system reaches it end of life, manage changes to
the system to support end users, monitor system performance, perform required security
activities such as backups, contingency planning, and audits; and continue end user support
through training and documentation. The O&M tasks at a minimum shall include but are not
limited to:
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C.5.8.1.1 Monthly status meetings;
C.5.8.1.2 Manage service additions and subtractions;
C.5.8.1.3 Identify system defects;
C.5.8.1.4 Add additional services that require EVV validation;
C.5.8.1.5 Help Desk Support;
C.5.8.1.6 User Maintenance and Support;
C.5.8.1.7 Correction of submitted time;
C.5.8.1.8 Entry of missed start or stopped times;
C.5.8.1.9 Exception reporting;
C.5.8.1.10 Monitoring of system performance;
C.5.8.1.11 Claim files submission research and resolution;
C.5.8.1.12 Maintenance of replacement of existing and outdated equipment;
C.5.8.1.13 The ability to add additional users and any required equipment; and
C.5.8.1.14 Operational reports.
C.5.8.1.14.1 The Contactor shall submit the operational reports monthly or at DHCF request in report,
spreadsheet or PowerPoint format. The Operational reports include but not limited to:
Data integrity errors in visit data
Errors with data collection device
Errors in data exchange
Errors in service authorization data
Errors in visits matching
Monthly Status Report
Monthly Program Health Report
Monthly SLA compliance report
Quarterly System availability Report
C.5.8.2 The Contractor shall communicate, in advance, to EVV stakeholders including
beneficiaries, workers, providers, DHCF and other District Agencies system modifications
that are approved by the District or system modifications that are necessary to comply
with changes in Federally mandated or National Standards such as, but not limited to
CMS, HIPAA, or MITA, and to meet the deadlines imposed for such changes, for the
duration of this contract, as part of the Contractors normal system maintenance of the
EVV product pursuant to this Contract.
C.5.8.3 The Contractor shall make online training materials available to all EVV user groups such
as DHCF, DDS, Providers, workers (including direct service workers), case management
agencies, MCOs, and others as deemed necessary by DHCF as part of the Contractors
normal system maintenance of the EVV product pursuant to this Contract.
C.5.9 Service Level Agreements (SLAs)
The Contractor shall ensure the service levels for the ongoing operations and maintenance
of the District’s EVV system is fully operational:
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C.5.9.1 It is agreed by the District and Contractor that:
C.5.9.1.1 If the Contractor does not provide or perform the requirements referred to or listed in
subsection C.5.9.6, damage(s) to the District will result.
C.5.9.1.2 Proving such damage(s) will be costly, difficult, and time consuming.
C.5.9.1.3 The damage figures listed in the SLA Agreement in subsection C.5.9.6 represent a good
faith effort to quantify the range of harm that could reasonably be anticipated at the time
of the making of the Contract and such liquidated damages are not considered a penalty.
C.5.9.1.4 Nothing in this provision shall be construed as relieving the Contractor from performing
all Contract requirements whether listed herein or not, nor is the District’s right to enforce
or to seek other remedies for failure to perform under any other Contract duty hereby
diminished.
C.5.9.1.5 Remedies of the District specified in this section or elsewhere in the Contract for breach or
failure of performance by the Contractor shall in no way limit any other remedies
available to the District under the Contract; under any statute or regulation; or at law or in
equity. All rights, powers and remedies shall be cumulative and concurrent. Any failure of
District to exercise a remedy shall not be a waiver of any breach or non-performance by
the Contractor nor shall it prevent District from later exercising that or any other remedy.
C.5.9.1.6 The Contract will be used by District to monitor Contractor performance and will provide
the basis for determining liquidated damages.
C.5.9.2 Liquidated Damages Assessment: Collections, Withholds
C.5.9.2.1 Once the District has determined that liquidated damages are to be assessed, the District
will notify the Contractor of the assessment (or assessments). At the District discretion,
the assessment notice may direct payment of the assessment by the Contractor. If payment
is thus directed, the Contractor shall pay the assessment within thirty (30) calendar days of
receipt of the assessment notice unless directed otherwise by the District. If the District
determines that any damage was caused in part by the District or another Contractor, the
District may reduce damage assessment against the Contractor proportionately.
C.5.9.2.2 Any liquidated damages assessment may also be collected, at the District’s discretion, by
withholding the funds from any payment (or payments) due the Contractor after the date
of assessment.
C.5.9.3 Conditions for Termination of Liquidated Damages
As determined appropriate by the District, the following are the conditions under which
the Contractor may obtain relief from the continued assessment of liquidated damages
which have been imposed.
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C.5.9.3.1 Except as waived by the District, no liquidated damages imposed on the Contractor shall
be terminated or suspended until the Contractor issues a written notice of correction to the
District, as acceptable in the sole discretion of the District, verifying the correction of
condition(s) for which liquidated damages were imposed.
C.5.9.3.2 The necessary level of documentation to verify corrections will be determined by the
District; the District is the sole judge of the accuracy of any such documentation provided.
C.5.9.3.3 The Contractor shall certify that each SLA breach is corrected.
C.5.9.4 Severability of Individual Liquidated Damages Clauses
If any portion of any provision on liquidated damages in the Contract, including as set
forth in this Contract incorporated into it, is determined to be unenforceable in one or
more of its applications, the remaining portion remains in effect in all applications not
determined to be invalid that are severable from the invalid applications. If any portion of
this liquidated damages provision is determined to be unenforceable in total, the other
portions shall remain in full force and effect.
C.5.9.5 Assessment of Liquidated Damages
District will not pay 100% of the contracted amount due to the Contractor in a month if
SLA measures achieved for the month are less than the percentages specified in the
Contract Section C.5.9.6 For months in which SLA measures are not met, the contracted
payment for the month will be deducted in the percentages specified in the table below.
The percentage deductions correspond to the specific SLA ranges achieved by the
Contactor for the various requirements.
C.5.9.6 Service Level Agreement-Liquidated Damage Table
Key Performance Indicator Liquidated Damages
1. Service Level Agreement – System Availability
System availability is to be defined as the percentage of
possible uptime in a month that the EVV environments
(including all associated components) are available to users
or to perform in a back-up capacity, including all weekends
and holidays. Negotiated downtime for system maintenance
during off-peak hours is not to be included in the calculation
of system availability.
Downtime. Downtime is to be defined as the term during
which any functionality of the EVV is not
functioning/available due to hardware, operating system or
application program failure. Outages approved by DHCF do
not count towards downtime.
System availability is to be based on the following hours of
operation:
Up to 3% of the monthly operating
fee will be deducted from the
monthly invoice, as follows:
Any 1 of 2 not met: 1%
Any 2 of 2 not met: 3%
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Key Performance Indicator Liquidated Damages
EVV Hours of Operation. EVV access is to be available
100% of the time 24 hours per day, 7 days per week, except
for:
1. Production Downtime. Production downtime for
PDMS components is to be 1% or less.
2. Network Connectivity Downtime. Contractor
network connectivity downtime for all EVV
components, including POS, is to be 1% or less.
2. Service Level Agreement – System Performance
System performance is to be defined as EVV response time
to user queries during District working hours, which are 8:00
a.m. to 5:00 p.m., Eastern Time, Monday through Friday,
excluding District of Columbia government holidays and
business closure days, unless otherwise requested by DHCF.
The EVV Web-Portal and other system components’
response times are to be measured 7 days a week, 24 hours a
day, except during agreed upon downtime.
The Contractor is expected to only be responsible for that
portion of the system and communication link for which the
Contractor has responsibility and control. For system
response time performance measures, Contractor control is to
be defined as any Subcontractor/Contractor service or point
up to and including the DHCF side of the router.
The Contractor is to provide a system to monitor and report
on response times as defined and approved by DHCF. All
metrics are to be measured and evaluated in seconds
The Contractor is to ensure system performance meets the
following performance standards:
Up to 5% of the monthly operating
fee will be deducted from the
monthly invoice, as follows:
Any 1 of 4 not met: 1%
Any 2 of 4 not met: 3%
3 or more of 4 not met: 5%
1. Record Search and Retrieval Time. Within four (4)
seconds 95% of the time, where record retrieval time is
defined as the time elapsed after the retrieve command is
entered until the record data loads to completion on the
monitor.
2. Screen Edit Time. Within two (2) seconds 95% of the
time, where screen edit time is defined as the time elapsed
after the last field is filled on the screen with an enter
command until all field entries are edited with errors
highlighted on the monitor.
3. New Screen/Page Time. Within two (2) seconds 95% of
the time, where new screen/page time is defined as the time
elapsed from the time a new screen is requested until the data
from the screen loads to completion on the monitor.
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Key Performance Indicator Liquidated Damages
4. Web Portal Response Time. Within four (4)
seconds99% of the time, where Web Portal response time is
defined as the time elapsed from the command to view a
response until the response appears or loads to completion on
the monitor.
3. Service Level Agreement – Database Updates
Database updates are to be defined as the activities necessary to maintain current and accurate data
as required to conduct the functions outlined in this RFP, in compliance with all requirements
herein.
The Contractor is to ensure database update activities meet the following performance standards:
1. EVV Database Error Correction Turnaround Time.
Identify and correct errors within one (1) business day of
error detection.
Up to 3% of the monthly operating
fee will be deducted from the
monthly invoice
4. Service Level Agreement – Operational Problem Management
The successful bidder is to provide operational problem
management to manage EVV application problems as they
occur during the Maintenance & Operations phase of the
project, including issues associated with all system
components outlined in this RFP located at the Contractor’s
physical locations.
Operational issues are to be classified, communicated to the
District, documented, addressed and tracked. The Contractor
is to provide software tools to enable the tracking of a
specific defect from identification through correction,
including all testing performed to ensure the correct fix is in
place. Issues are to be documented in the Contractor-
specified format, if approved by the District. During the
Maintenance & Operations phase the Contractor is to
categorize and resolve errors in accordance with District
problem management standards provided by the District, as
follows:
Priority 0 Errors. Critical business impact. Indicates EVV
is unavailable for use resulting in a critical impact on
operations. Requires immediate District notification and
resolution within two (2) hours.
Priority 1 Errors. Serious business impact. Indicates serious
production issues where the EVV is usable but is severely
limited and no workaround exists. Requires immediate
District notification and resolution within 24 hours.
Priority 2 Errors. Significant business impact. Indicates
moderate production issue where EVV is usable but a
workaround is available (not critical to operations). Requires
District notification within one (1) hour of problem discovery
and resolution within 5 business days.
Up to 6% of the monthly operating
fee will be deducted from the
monthly invoice, as follows:
Priority 0 Errors standard not met:
3%
Priority 1 Errors standard not met:
1.25%
Priority 2 Errors standard not met:
1.25%
Priority 3 Errors standard not met:
0.50%
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Key Performance Indicator Liquidated Damages
Priority 3 Errors. Minimal business impact. Indicates the
problem results in little impact on operations or a reasonable
circumvention to the problem has been implemented.
Requires the District notification within one (1) hour of
problem discovery and resolution within an agreed-upon
schedule between the Contractor and the District (as defined
by the District).
5. Service Level Agreement – Customer Service Support
The Contractor is to provide customer service support, where customers are defined as Providers,
Beneficiaries, the District, and other system users. The Contractor is to maintain sufficient staff and
systems to manage, track and report on Customer Services via multiple channels, including
telephone, Web portal, e- mail, and mail. The Contractor is to provide an integrated contact
management system to be used in tracking and managing Customer contacts from all channels and
can report on Customer contact metrics separately.
Customer Service support is to be available 100% of the time during District working hours, which
are 8:00 a.m. to 5:00 p.m. Eastern Time, Monday through Friday, (as specified by the District), and
on an emergency basis if requested by the District.
The Contractor is to ensure customer service support meets the following performance standards:
1. Average Speed of Answer. At least 90% of all calls are to
be answered within 30 seconds, where “answer” means for
each caller who elects to speak to a live representative.
Answer 95% of routine calls within 45 seconds during
normal working hours.
Answer 99% of routine calls within 60 seconds during
normal working hours.
1% of the monthly operating fee
will be deducted from the monthly
invoice
2. Ring Busy Rate. No more than 5% of incoming calls are
to ring busy.
Further, the call center put in place with the enhancements
required in this procurement must meet the following: Ensure
that the weekly average number of incoming calls that are
blocked (calls receiving a busy signal) shall be no more than
one percent.
1% of the monthly operating fee
will be deducted from the monthly
invoice
3. On Hold Time. On hold time is to be less than 2 minutes
for at least 90% of all calls, where on hold time is defined as
the time (in seconds) elapsed before response by a human
operator to the caller’s inquiry.
The weekly average wait or hold time shall not exceed one-
hundred twenty seconds.
1% of the monthly operating fee
will be deducted from the monthly
invoice
4. Abandon Rate. The weekly average abandon rate shall
be no more than five percent. A call will be considered
abandoned after the first thirty seconds when a caller chooses
1% of the monthly operating fee
will be deducted from the monthly
invoice
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Key Performance Indicator Liquidated Damages
to disconnect after the introductory message and prior to
being connected to a staff member or voice mail.
5. Customer Phone Inquiry Response Timeliness.
Respond to 100% of verbal (telephone) Customer inquiries
within (1) business day of receipt.
1% of the monthly operating fee
will be deducted will be from the
monthly invoice.
6. Customer Written Inquiry Response Timeliness.
Respond
Up to 3% of the monthly fee
will be deducted from the monthly
invoice, as follows:
>85% to <90% response: 1%
>80% to <85% response: 2%
<80% response: 3%
6. Service Level Agreement – Reporting
Reporting is to be defined as the processes, activities, and deliverables associated with regular
reporting.
The Contractor is to ensure reporting meets the following performance standards:
1. Daily Reports Availability Schedule: accessible to users
by 8:00 a.m. of the next District business day.
0.5% of the monthly operating fee
will be deducted from the monthly
invoice
2. Weekly Reports Availability Schedule: accessible to
users by 8:00 a.m. of the next District business day after the
scheduled run.
3.Monthly Reports Availability Schedule: accessible to
users by 8:00 a.m. of the next District business day following
the end of the month (as determined by the District).
4.Quarterly Reports Availability Schedule: accessible to
users by 8:00 a.m. of the next the District business day
following the end of the quarter.
5. Annual Reports Availability Schedule: accessible to
users by 8:00 a.m. of the next the District business day
following end of the year (Federal fiscal, District fiscal, or
other annual cycle, as determined by the District).
6. Federal and District Reporting and File
Production/Distribution Schedule. Produce and submit all
required Federal and District reports and data files on a
schedule defined per regulation and by the District.
7. Service Level Agreement – Operational Functionality
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Key Performance Indicator Liquidated Damages
The operational functionality items require timely response from the Contractor with the consumer
of the item.
The Contractor is to ensure operational functionality meets the following performance standards:
1. System Interfacing. Successfully receive and process
interface files from interfacing systems. The interface files
include, but are not limited to, a prior authorization file, a
provider file, and a beneficiary file.
0.5% of the monthly operating fee
will be deducted from the monthly
invoice
8. Service Level Agreement – Maintenance and Modifications Activities
The Contractor must at all times comply with all system and operational performance requirements
and expectations specified in this RFP and the resulting contract. It is the District’s intent to control
operations and modifications activities through the use of processes and reporting mechanisms.
Maintenance support is expected under the following conditions, which deem it necessary:
1. Operational Improvement. The need to make
operational improvements or increase operational efficiency.
0.5% of the monthly operating fee
will be deducted from the monthly
invoice
2. Defect. The correction of a deficiency or defect in the
system, whether identified by DC Medicaid or the contractor.
0.5% of the monthly operating fee
will be deducted from the monthly
invoice
3. Editing Error. The addition, deletion or change of a
value that is manipulated by an existing edit.
0.5% of the monthly operating fee
will be deducted from the
monthly invoice
4. Addition or Deletion. The addition or deletion of a coded
value or entry to an existing table doesn’t change the table
structure.
0.5% of the monthly operating fee
will be deducted from the monthly
invoice
5. Correction. The correction of data that is found in error
as a result of deficiency or defect in the system.
0.5% of the monthly operating fee
will be deducted from the monthly
invoice
6. New Installation. The installation of new hardware or
software or subsequent releases to the current operating
system, server(s), database management software, COTS
products, or other hardware/software supporting the EVV.
0.5% of the monthly operating fee
will be deducted from the monthly
invoice
Modifications are defined as activities necessary to modify the EVV in accordance with new
District and Federal laws, program expansion, new program policies, and advanced technology.
The activities include:
7. MITA Maturity Modifications. The implementation of a
series of modifications designed to meet targeted MITA
maturity levels, as described within this RFP.
0.5% of the monthly operating fee
will be deducted from the monthly
invoice
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SECTION D: PACKAGING AND MARKING
D.1 The packaging and marking requirements for this contract shall be governed by clause number
(2), Shipping Instructions-Consignment, of the Government of the District of Columbia's
Standard Contract Provisions for use with Supplies and Services Contracts, dated July 2010.
(Attachment J.1)
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SECTION E: INSPECTION AND ACCEPTANCE
E.1 The inspection and acceptance requirements for this contract shall be governed by clause number
clause number six (6), Inspection of Services of the Government of the District of Columbia's
Standard Contract Provisions for use with Supplies and Services Contracts, dated July 2010.
(Attachment J.1)
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SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES
F.1 TERM OF CONTRACT
F.1.1 The term of the contract shall be from October 11, 2024, through October 10, 2025.
F.1.2 The Letter Contract awarded to the Contractor on October 10, 2024, for the period from October
11, 2024, to March 8, 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 two (2) one-year option periods
and a partial eight (8) months, or successive fractions thereof, by written notice to the Contractor
before the expiration of the contract; provided that the District will give the Contractor
preliminary written notice of its intent to extend at least thirty (30) days before the contract
expires. The preliminary notice does not commit the District to an extension. The exercise of
option years is subject to the availability of funds at the time of the exercise of the option.
The Contractor may waive the thirty (30) day preliminary notice requirement by providing a
written waiver to the Contracting Officer (CO) prior to expiration of the contract.
F.2.2 If the District exercises this option, the extended contract shall be considered to include this
option provision.
F.2.3 The total duration of this contract, including the exercise of any options under this clause, shall
not exceed two year and nine months.
F.3 DELIVERABLES
F.3.1 The Contractor shall perform the activities required to successfully complete the District’s
requirements and submit each deliverable to the Contract Administrator (CA) or designee
identified in section G.9.
CLIN Deliverable Quantity Format/Method of
Delivery Due Date
0001
Report on all services
tracked by the EVV system
- C.5.4.2
1
XML/Spreadsheet/
CSV or a format
requested by DHCF
At DHCF Request
0001 SLA Compliance Report –
C.5.4.4, C.5.8.1.14.1 1 Word/PDF Monthly
0001 Transmit all raw data
elements – C.5.5.2 1
XML/Spreadsheet/
CSV or a format
requested by DHCF
At DHCF Request
0001 Transmit all non-
proprietary data – C.5.6.1 1
XML/Spreadsheet/
CSV or a format
requested by DHCF
At DHCF Request
0002 EVV System Change
Order LOE – C.5.7.2 Word/PDF At DHCF Request
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CLIN Deliverable Quantity Format/Method of
Delivery Due Date
0001 Operational Reports –
C.5.8.1.14.1 1 Report/Spreadsheet/
PowerPoint
Monthly or at
DHCF Request
F.3.2 The Contractor shall submit to the District, as a deliverable, the report described in section H.5.5
that is required by the 51% District Residents New Hires Requirements and First Source
Employment Agreement. If the Contractor does not submit the report as part of the deliverables,
final payment to the Contractor shall not be paid pursuant to section G.3.2.
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SECTION G: CONTRACT ADMINISTRATION
G.1 INVOICE PAYMENT
G.1.1 The District will make payments to the Contractor, upon the submission of proper invoices, at
the prices stipulated in this contract, for supplies delivered and accepted or services performed
and accepted, less any discounts, allowances or adjustments provided for in this contract.
G.1.2 The District will pay the Contractor on or before the 30th day after receiving a proper invoice
from the Contractor.
G.2 INVOICE SUBMITTAL
G.2.1 The Contractor shall create and submit payment requests in an electronic format through the
DC Vendor Portal, https://vendorportal.dc.gov.
G.2.2 The Contractor shall submit proper invoices monthly or as otherwise specified in G.4.
G.2.3 To constitute a proper invoice, the Contractor shall enter all required information into the
Portal after selecting the applicable purchase order number which is listed on the Contractor’s
profile.
G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT
G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and First Source
Employment Agreement requirements, final request for payment must be accompanied by the
report or a waiver of compliance discussed in section H.5.5.
G.3.2 The District shall not make final payment to the Contractor until the agency CFO has received
the CO’s final determination or approval of waiver of the Contractor’s compliance with 51%
District Residents New Hires Requirements and First Source Employment Agreement
requirements.
G.4 PAYMENT
Unless otherwise specified in this contract, payment will be made on partial deliveries of
goods and services accepted by the District if:
a) The amount due on the deliveries warrants it; or
b) The Contractor requests it and the amount due on the deliveries is in accordance with
the following payment will be made on completion and acceptance of each item for
which the price is stated in the Schedule in Section B; and
c) Presentation of a properly executed invoice.
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G.5 ASSIGNMENT OF CONTRACT PAYMENTS
G.5.1 In accordance with 27 DCMR 3250, the Contractor may assign to a bank, trust company, or
other financing institution funds due or to become due as a result of the performance of this
contract.
G.5.2 Any assignment shall cover all unpaid amounts payable under this contract and shall not be
made to more than one party.
G.5.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is
required to prepare invoices. Where such an assignment has been made, the original copy of
the invoice must refer to the assignment and must show that payment of the invoice is to be
made directly to the assignee as follows:
“Pursuant to the instrument of assignment dated ___________, make payment of this invoice
to (name and address of assignee).”
G.6 THE QUICK PAYMENT ACT
G.6.1 Interest Penalties to Contractors
G.6.1.1 The District will pay interest penalties on amounts due to the Contractor under the Quick
Payment Act, D.C. Official Code § 2-221.01 et seq., as amended, for the period beginning on
the day after the required payment date and ending on the date on which payment of the
amount is made. Interest shall be calculated at the rate of at least 1% per month. No interest
penalty shall be paid if payment for the completed delivery of the item of property or service
is made on or before the required payment date. The required payment date shall be:
G.6.1.1.1 The date on which payment is due under the terms of this contract;
G.6.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of delivery of meat or
meat food products;
G.6.1.1.3 Not later than 10 calendar days, excluding legal holidays, after the date of delivery of a
perishable agricultural commodity; or
G.6.1.1.4 30 calendar days, excluding legal holidays, after receipt of a proper invoice for the amount of
the payment due.
G.6.1.2 No interest penalty shall be due to the Contractor if payment for the completed delivery of
goods or services is made on or before:
G.6.1.2.1 3rd day after the required payment date for meat or a meat product;
G.6.1.2.2 5th day after the required payment date for an agricultural commodity; or
G.6.1.2.3 1 5th day after any other required payment date.
G.6.1.3 Any amount of an interest penalty which remains unpaid at the end of any 30-day period shall
be added to the principal amount of the debt and thereafter interest penalties shall accrue on
the added amount.
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G.6.2 Payments to Subcontractors
G.6.2.1 The Contractor shall take one of the following actions within seven (7) days of receipt of any
amount paid to the Contractor by the District for work performed by any subcontractor under
the contract:
G.6.2.1.1 Pay the subcontractor(s) for the proportionate share of the total payment received from the
District that is attributable to the subcontractor(s) for work performed under the contract; or
G.6.2.1.2 Notify the CO and the subcontractor(s), in writing, of the Contractor’s intention to withhold
all or part of the subcontractor’s payment and state the reason for the nonpayment.
G.6.2.2 The Contractor shall pay subcontractors or suppliers interest penalties on amounts due to the
subcontractor or supplier beginning on the day after the payment is due and ending on the date
on which the payment is made. Interest shall be calculated at the rate of at least 1% per month.
No interest penalty shall be paid on the following if payment for the completed delivery of the
item of property or service is made on or before the:
G.6.2.2.1 3rd day after the required payment date for meat or a meat product;
G.6.2.2.2 5th day after the required payment date for an agricultural commodity; or
G.6.2.2.3 15th day after any other required payment date.
G.6.2.3 Any amount of an interest penalty which remains unpaid by the Contractor at the end of any
30-day period shall be added to the principal amount of the debt to the subcontractor and
thereafter interest penalties shall accrue on the added amount.
G.6.2.4 A dispute between the Contractor and subcontractor relating to the amounts or entitlement of
a subcontractor to a payment or a late payment interest penalty under the Quick Payment Act
does not constitute a dispute to which the District is a party. The District may not be
interpleaded in any judicial or administrative proceeding involving such a dispute.
G.6.3 Subcontract Requirements
G.6.3.1 The Contractor shall include in each subcontract under this contract a provision requiring the
subcontractor to include in its contract with any lower-tier subcontractor or supplier the
payment and interest clauses required under paragraphs (1) and (2) of D.C. Official Code § 2-
221.02(d).
G.6.3.2 The Contractor shall include in each subcontract under this contract a provision that obligates
the Contractor, at the election of the subcontractor, to participate in negotiation or mediation
as an alternative to administrative or judicial resolution of a dispute between them.
G.7 CONTRACTING OFFICER
Contracts will be entered into and signed on behalf of the District only by Contracting
Officers. The contact information for the CO is:
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Tracy Williams
Office of Contracting and Procurement
Marion s. Barry Jr. Building
441 4th Street, NW, 330 South
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.
G.8.3 In the event the Contractor effects any change at the instruction or request of any person other
than the CO, the change will be considered to have been made without authority and no
adjustment will be made in the Contract price to cover any cost increase incurred as a result
thereof.
G.9 CONTRACT ADMINISTRATOR
G.9.1 The CA is responsible for general administration of the Contract and advising the CO as to
the Contractor’s compliance or noncompliance with the Contract. The CA has the
responsibility of ensuring the work conforms to the requirements of the Contract and such
other responsibilities and authorities as may be specified in the Contract. These include:
G.9.1.1 Keeping the CO fully informed of any technical or contractual difficulties encountered during
the performance period and advising the CO of any potential problem areas under the
Contract;
G.9.1.2 Coordinating site entry for Contractor personnel, if applicable;
G.9.1.3 Reviewing invoices for completed work and recommending approval by the CO if the
Contractor’s costs are consistent with the negotiated amounts and progress is satisfactory and
commensurate with the rate of expenditure;
G.9.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and services.
This includes the timely processing of invoices and vouchers in accordance with the District’s
payment provisions; and
G.9.1.5 Maintaining a file that includes all Contract correspondence, modifications, records of
inspections (site, data, equipment) and invoice or vouchers.
G.9.2 The contact information for the CA is:
Donald Shearer, Director
Health Care Operations Administration (HCOA)
Department of Health Care Finance
441 4th Street NW, Suite 900S
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Washington, DC 20001
Email: donald.shearer@dc.gov
Office: (202) 698-2007
G.9.3 The CA shall NOT have the authority to:
1. Award, agree to, or sign any Contract, delivery order or task order. Only the CO shall
make contractual agreements, commitments, or modifications;
2. Grant deviations from or waive any of the terms and conditions of the Contract;
3. Increase the dollar limit of the Contract or authorize work beyond the dollar limit of
the Contract,
4. Authorize the expenditure of funds by the Contractor;
5. Change the period of performance; or
6. Authorize the use of District property, except as specified under the Contract.
G.9.4 The Contractor will be fully responsible for any changes not authorized in advance, in
writing, by the CO; may be denied compensation or other relief for any additional work
performed that is not so authorized; and may also be required, at no additional cost to the
District, to take all corrective action necessitated by reason of the unauthorized changes.
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SECTION H: SPECIAL CONTRACT REQUIREMENTS
H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES
H.1.1 For all new employment resulting from this contract or subcontracts hereto, as defined in
Mayor’s Order 83-265 and implementing instructions, the Contractor shall use its best efforts
to comply with the following basic goal and objectives for utilization of bona fide residents of
the District of Columbia in each project’s labor force:
H.1.1.1 At least fifty-one (51) percent of apprentices and trainees employed shall be residents of the
District of Columbia registered in programs approved by the District of Columbia
Apprenticeship Council.
H.1.2 The Contractor shall negotiate an Employment Agreement with the Department of
Employment Services (DOES) for jobs created as a result of this contract. The DOES shall be
the Contractor’s first source of referral for qualified apprentices and trainees in the
implementation of employment goals contained in this clause.
H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS
The Contractor shall be bound by the Wage Determination No. 2015-4281, Rev. 30, dated July 22,
2024, issued by the U.S. Department of Labor in accordance with the Service Contract Act, 41
U.S.C. § 351 et seq., and incorporated herein as Section J.2. The Contractor shall be bound by the
wage rates for the term of the contract subject to revision as stated herein and in accordance with
clause 24 of the SCP. If an option is exercised, the Contractor shall be bound by the applicable
wage rates at the time of the exercise of the option. If the option is exercised and the CO obtains a
revised wage determination, the revised wage determination is applicable for the option periods
and the Contractor may be entitled to an equitable adjustment.
H.3 PREGNANT WORKERS FAIRNESS
H.3.1 The contractor shall comply with the Protecting Pregnant Workers Fairness Act of 2016, D.C.
Official Code § 32-1231.01 et seq. (PPWF Act).
H.3.2 The contractor shall not:
(a) Refuse to make reasonable accommodations to the known limitations related to
pregnancy, childbirth, related medical conditions, or breastfeeding for an employee,
unless the contractor can demonstrate that the accommodation would impose an undue
hardship;
(b) Take an adverse action against an employee who requests or uses a reasonable
accommodation in regard to the employee's conditions or privileges of employment,
including failing to reinstate the employee when the need for reasonable
accommodations ceases to the employee's original job or to an equivalent position
with equivalent:
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(1) Pay;
(2) Accumulated seniority and retirement;
(3) Benefits; and
(4) Other applicable service credits.
(c) Deny employment opportunities to an employee, or a job applicant, if the denial is
based on the need of the employer to make reasonable accommodations to the known
limitations related to pregnancy, childbirth, related medical conditions, or
breastfeeding;
(d) Require an employee affected by pregnancy, childbirth, related medical conditions, or
breastfeeding to accept an accommodation that the employee chooses not to accept if
the employee does not have a known limitation related to pregnancy, childbirth,
related medical conditions, or breastfeeding or the accommodation is not necessary for
the employee to perform her duties;
(e) Require an employee to take leave if a reasonable accommodation can be provided; or
(f) Take adverse action against an employee who has been absent from work as a result of
a pregnancy-related condition, including a pre-birth complication.
H.3.3 The Contractor shall post and maintain in a conspicuous place a notice of rights in both
English and Spanish and provide written notice of an employee's right to a needed reasonable
accommodation related to pregnancy, childbirth, related medical conditions, or breastfeeding
pursuant to the PPWF Act to:
(a) New employees at the commencement of employment;
(b) Existing employees; and
(c) An employee who notifies the employer of her pregnancy, or other condition covered
by the PPWF Act, within 10 days of the notification.
H.3.4 The Contractor shall provide an accurate written translation of the notice of rights to any non-
English or non-Spanish speaking employee.
H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.
H.4 UNEMPLOYED ANTI-DISCRIMINATION
H.4.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C.
Official Code § 32-1361 et seq.
H.4.2 The Contractor shall not:
(a) Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an
employee because of the individual's status as unemployed; or
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(b) Publish, in print, on the Internet, or in any other medium, an advertisement or
announcement for any vacancy in a job for employment that includes:
(1) Any provision stating or indicating that an individual's status as unemployed
disqualifies the individual for the job; or
(2) Any provision stating or indicating that an employment agency will not consider
or hire an individual for employment based on that individual's status as
unemployed.
H.4.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties as
described in the Act.
H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT
Delete Article 35, 51% District Residents New Hires Requirements and First Source Employment
Agreement, of the Standard Contract Provisions dated July 2010 for use with District of Columbia
Government Supplies and Services Contracts and substitute the following Section H.5 51%
DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT in its place:
H.5.1 For contracts for services in the amount of $300,000 or more, the Contractor shall comply
with the First Source Employment Agreement Act of 1984, as amended, D.C. Official Code §
2-219.01 et seq. (First Source Act).
H.5.2 The Contractor shall enter into and maintain during the term of the contract, a First Source
Employment Agreement (Employment Agreement) with the District of Columbia Department
of Employment Service’s (DOES), in which the Contractor shall agree that:
(a) The first source for finding employees to fill all jobs created in order to perform the
contract shall be the First Source Register; and
(b) The first source for finding employees to fill any vacancy occurring in all jobs covered
by the Employment Agreement shall be the First Source Register.
H.5.3 The Contractor shall not begin performance of the contract until its Employment Agreement
has been accepted by DOES. Once approved, the Employment Agreement shall not be
amended except with the approval of DOES.
H.5.4 The Contractor agrees that at least 51% of the new employees hired to perform the contract
shall be District residents.
H.5.5 The Contractor’s hiring and reporting requirements under the First Source Act and any rules
promulgated thereunder shall continue for the term of the contract.
H.5.6 The CO may impose penalties, including monetary fines of 5% of the total amount of the
direct and indirect labor costs of the contract, for a willful breach of the Employment
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Agreement, failure to submit the required hiring compliance reports, or deliberate submission
of falsified data.
H.5.7 If the Contractor does not receive a good faith waiver, the CO may also impose an additional
penalty equal to 1/8 of 1% of the total amount of the direct and indirect labor costs of the
contract for each percentage by which the Contractor fails to meet its hiring requirements.
H.5.8 Any contractor which violates, more than once within a 10-year timeframe, the hiring or
reporting requirements of the First Source Act shall be referred for debarment for not more
than five (5) years.
H.5.9 The contractor may appeal any decision of the CO pursuant to this clause to the D.C. Contract
Appeals Board as provided in clause 14 of the SCP, Disputes.
H.5.10 The provisions of the First Source Act do not apply to nonprofit organizations which employ
50 employees or less.
H.6 RESERVED
H.7 RESERVED
H.8 RESERVED
H.9 SUBCONTRACTING REQUIREMENTS
H.9.1 Mandatory Subcontracting Requirements
H.9.1.1 For all contracts in excess of $250,000, at least 35% of the dollar volume of the contract shall
be subcontracted to qualified small business enterprises (SBEs).
H.9.1.2 If there are insufficient SBEs to completely fulfill the requirement of paragraph H.9.1.1, then
the subcontracting may be satisfied by subcontracting 35% of the dollar volume to any
qualified certified business enterprises (CBEs); provided, however, that all reasonable efforts
shall be made to ensure that SBEs are significant participants in the overall subcontracting
work.
H.9.1.3 A prime contractor that is certified by DSLBD as a small, local or disadvantaged business
enterprise shall not be required to comply with the provisions of sections H.9.1.1 and H.9.1.2.
H.9.1.4 Except as provided in H.9.1.5 and H.9.1.7, a prime contractor that is a CBE and has been
granted a bid preference pursuant to D.C. Official Code § 2-218.43, or is selected through a
set-aside program, shall perform at least 35% of the contracting effort with its own
organization and resources and, if it subcontracts, 35% of the subcontracting effort shall be
with CBEs. A CBE prime contractor that performs less than 35% of the contracting effort
shall be subject to enforcement actions under D.C. Official Code § 2-218.63.
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H.9.1.5 If the prime contractor is a certified joint venture and has been granted a bid preference
pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside program, the
CBE member of the certified joint venture shall perform at least 50% of the contracting effort
with its own organization and resources and, if it subcontracts, 35% of the subcontracting
effort shall be with CBEs. If the CBE member of the certified joint venture prime contractor
performs less than 50% of the contracting effort, the certified joint venture shall be subject to
enforcement actions under D.C. Official Code § 2-218.63.
H.9.1.6 Each CBE utilized to meet these subcontracting requirements shall perform at least 35% of its
contracting effort with its own organization and resources.
H.9.1.7 A prime contractor that is a CBE and has been granted a bid preference pursuant to D.C.
Official Code § 2-218.43, or is selected through a set-aside program, shall perform at least
50% of the on-site work with its own organization and resources if the contract is $1 million
or less.
H.9.2 Subcontracting Plan
If the prime contractor is required to subcontract under this contract, it shall submit a
subcontracting plan as part of the bid and it may only be amended after award with the prior
written approval of the CO and Director of DSLBD. The plan shall demonstrate at least
35% of the Offeror’s proposed price for the base year only. Small Business Enterprises
(SBEs) or Certified Business Enterprises (CBEs) responding to this solicitation MUST
also complete the Subcontracting Plan form, see Attachment J.8, section 1C.
SBEs/CBEs must attest to completing 100% of the work with its own organization and
resources or attest to subcontracting a portion of the contract with SBEs/CBEs by
completing Attachment J.8 in its entirety. Failure to complete and submit the
Subcontracting Plan form, will disqualify your bid in accordance with Sections B.6 and
H.9.2. Any reduction in the dollar volume of the subcontracted portion resulting from an
amendment of the plan after award shall inure to the benefit of the District. Each
subcontracting plan shall include the following:
(1) The name and address of each subcontractor;
(2) A current certification number of the small or certified business enterprise;
(3) The scope of work to be performed by each subcontractor; and
(4) The price that the prime contractor will pay each subcontractor.
H.9.3 Copies of Subcontracts
Within twenty-one (21) days of the date of award, the Contractor shall provide fully executed
copies of all subcontracts identified in the subcontracting plan to the CO, CA, District of
Columbia Auditor, and the Director of DSLBD.
H.9.4 Subcontracting Plan Compliance Reporting
H.9.4.1 If the Contractor has a subcontracting plan required by law for this contract, the Contractor
shall submit a quarterly report to the CO, CA, District of Columbia Auditor and the Director
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of DSLBD. The quarterly report shall include the following information for each subcontract
identified in the subcontracting plan:
(A) The price that the prime contractor will pay each subcontractor under the subcontract;
(B) A description of the goods procured, or the services subcontracted for;
(C) The amount paid by the prime contractor under the subcontract; and
(D) A copy of the fully executed subcontract, if it was not provided with an earlier
quarterly report.
H.9.4.2 If the fully executed subcontract is not provided with the quarterly report, the prime contractor
will not receive credit toward its subcontracting requirements for that subcontract.
H.9.5 Annual Meetings
Upon at least 30 days written notice provided by DSLBD, the Contractor shall meet annually
with the CO, CA, District of Columbia Auditor, and the Director of DSLBD to provide an
update on its subcontracting plan.
H.9.6 Notices
The Contractor shall provide written notice to the DSLBD and the District of Columbia
Auditor upon commencement of the contract and when the contract is completed.
H.9.7 Enforcement and Penalties for Breach of Subcontracting Plan
H.9.7.1 A contractor shall be deemed to have breached a subcontracting plan required by law, if the
contractor (i) fails to submit subcontracting plan monitoring or compliance reports or other
required subcontracting information in a reasonably timely manner; (ii) submits a monitoring
or compliance report or other required subcontracting information containing a materially
false statement; or (iii) fails to meet its subcontracting requirements.
H.9.7.2 A contractor that is found to have breached its subcontracting plan for utilization of CBEs in
the performance of a contract shall be subject to the imposition of penalties, including
monetary fines in accordance with D.C. Official Code § 2-218.63.
H.9.7.3 If the CO determines the Contractor’s failure to be a material breach of the contract, the CO
shall have cause to terminate the contract under the default provisions in clause 8 of the SCP,
Default.
H.10 FAIR CRIMINAL RECORD SCREENING
H.10.1 The Contractor shall comply with the provisions of the Fair Criminal Record Screening
Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-152) (the “Act” as used
in this section). This section applies to any employment, including employment on a
temporary or contractual basis, where the physical location of the employment is in whole or
substantial part within the District of Columbia.
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H.10.2 Prior to making a conditional offer of employment, the Contractor shall not require an
applicant for employment, or a person who has requested consideration for employment by
the Contractor, to reveal or disclose an arrest or criminal accusation that is not then pending or
did not result in a criminal conviction.
H.10.3 After making a conditional offer of employment, the Contractor may require an applicant to
disclose or reveal a criminal conviction.
H.10.4 The Contractor may only withdraw a conditional offer of employment, or take adverse action
against an applicant, for a legitimate business reason as described in the Act.
H.10.5 This section and the provisions of the Act shall not apply:
(a) Where a federal or District law or regulation requires the consideration of an
applicant’s criminal history for the purposes of employment;
(b) To a position designated by the employer as part of a federal or District government
program or obligation that is designed to encourage the employment of those with
criminal histories;
(c) To any facility or employer that provides programs, services, or direct care to,
children, youth, or vulnerable adults; or
(d) To employers that employ less than 11 employees.
H.10.6 A person claiming to be aggrieved by a violation of the Act may file an administrative
complaint with the District of Columbia Office of Human Rights, and the Commission on
Human Rights may impose monetary penalties against the Contractor.
H.11 DISTRICT RESPONSIBILITIES
The Government of the District of Columbia will provide the following:
H.11.1 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 a timely
manner of submission of deliverables.
H.11.4 Conduct a timely review of all materials submitted to the agency by the Contractor as
required.
H.11.5 Monitor and evaluate Contractor compliance with the requirements of this contract and
impose sanctions when necessary.
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H.11.6 Maintain adequate liaison and cooperation with the Contractor, including providing timely
management decisions and approvals of forms and procedures to enable the Contractor to
perform contractual duties properly.
H.11.7 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.
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SECTION I: CONTRACT CLAUSES
I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS
The Standard Contract Provisions for use with District of Columbia Government Supplies and
Services Contracts dated July 2010 (“SCP”) are incorporated as part of the contract. To obtain a
copy of the SCP go to http://ocp.dc.gov, under Quick Links click on “Required Solicitation
Documents.”
I.2 CONTRACTS THAT CROSS FISCAL YEARS
Continuation of this contract beyond the current fiscal year is contingent upon future fiscal
appropriations.
I.3 CONFIDENTIALITY OF INFORMATION
The Contractor shall keep all information relating to any employee or customer of the District in
absolute confidence and shall not use the information in connection with any other matters; nor
shall it disclose any such information to any other person, firm, or corporation, in accordance with
the District and federal laws governing the confidentiality of records.
I.4 TIME
Time, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless
otherwise stated herein.
I.5 RIGHTS IN DATA
Delete Article 42, Rights in Data, of the Standard Contract Provisions dated July 2010 for use
with District of Columbia Government Supplies and Services Contracts and substitute the
following Article 42, Rights in Data) in its place:
A. Definitions
1. “Products” - A deliverable under any contract that may include commodities, services
and/or technology furnished by or through Contractor, including existing and custom
Products, such as, but not limited to: a) recorded information, regardless of form or the
media on which it may be recorded; b) document research; c) experimental,
developmental, or engineering work; d) licensed software; e) components of the hardware
environment; f) printed materials (including but not limited to training manuals, system
and user documentation, reports, drawings); g) third party software; h) modifications,
customizations, custom programs, program listings, programming tools, data, modules,
components; and i) any intellectual property embodied therein, whether in tangible or
intangible form, including but not limited to utilities, interfaces, templates, subroutines,
algorithms, formulas, source code, and object code.
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2. “Existing Products” - Tangible Products and intangible licensed Products that exist prior
to the commencement of work under the contract. Existing Products must be identified on
the Product prior to commencement of work or else will be presumed to be Custom
Products.
3. “Custom Products” - Products, preliminary, final or otherwise, which are created or
developed by Contractor, its subcontractors, partners, employees, resellers or agents for
the District under the contract.
4. “District” – The District of Columbia and its agencies.
B. Title to Project Deliverables
The Contractor acknowledges that it is commissioned by the District to perform services
detailed in the contract. The District shall have ownership and rights for the duration set forth
in the contract to use, copy, modify, distribute, or adapt Products as follows:
1. Existing Products: Title to all Existing Licensed Product(s), whether or not embedded in,
delivered or operating in conjunction with hardware or Custom Products, shall remain
with Contractor or third party proprietary owner, who retains all rights, title and interest
(including patent, trademark or copyrights). Effective upon payment, the District shall be
granted an irrevocable, non-exclusive, worldwide, paid-up license to use, execute,
reproduce, display, perform, adapt (unless Contractor advises the District as part of
Contractor’s bid that adaptation will violate existing agreements or statutes and Contractor
demonstrates such to the District’s satisfaction), and distribute Existing Product to District
users up to the license capacity stated in the contract with all license rights necessary to
fully effect the general business purpose of the project or work plan or contract. Licenses
shall be granted in the name of the District. The District agrees to reproduce the copyright
notice and any other legend of ownership on any copies authorized under this paragraph.
2. Custom Products: Effective upon Product creation, Contractor hereby conveys, assigns,
and transfers to the District the sole and exclusive rights, title and interest in Custom
Product(s), whether preliminary, final or otherwise, including all patent, trademark and
copyrights. Contractor hereby agrees to take all necessary and appropriate steps to ensure
that the Custom Products are protected against unauthorized copying, reproduction and
marketing by or through Contractor.
C. Transfers or Assignments of Existing or Custom Products by the District
The District may transfer or assign Existing or Custom Products and the licenses thereunder to
another District agency. Nothing herein shall preclude the Contractor from otherwise using
the related or underlying general knowledge, skills, ideas, concepts, techniques, and
experience developed under a project or work plan in the course of Contractor’s business.
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D. Subcontractor Rights
Whenever any data, including computer software, are to be obtained from a subcontractor
under the contract, the Contractor shall use this clause, Rights in Data, in the subcontract,
without alteration, and no other clause shall be used to enlarge or diminish the District’s or the
Contractor’s rights in that subcontractor data or computer software which is required for the
District.
E. Source Code Escrow
1. For all computer software furnished to the District with the rights specified in
Subparagraph B.2, the Contractor shall furnish to the District, a copy of the source code
with such rights of the scope as specified in Subparagraph B.2 of this Subsection I.5. For
all computer software furnished to the District with the restricted rights specified in
Subparagraph B.1 of this Subsection I.5, the District, if the Contractor either directly or
through a successor or affiliate shall cease to provide the maintenance or warranty services
provided the District under the contract or any paid-up maintenance agreement, or if the
Contractor should be declared insolvent by a court of competent jurisdiction, shall have
the right to obtain, for its own and sole use only, a single copy of the current version of the
source code supplied under the contract, and a single copy of the documentation
associated therewith, upon payment to the person in control of the source code the
reasonable cost of making each copy.
2. If the Contractor or Product manufacturer/developer of software furnished to the District
with the rights specified in Subparagraph B.1 of this Subsection I.5 offers the source code
or source code escrow to any other commercial customers, the Contractor shall either: (1)
provide the District with the source code for the Product; (2) place the source code in a
third party escrow arrangement with a designated escrow agent who shall be named and
identified to the District, and who shall be directed to release the deposited source code in
accordance with a standard escrow arrangement acceptable to the District; or (3) will
certify to the District that the Product manufacturer/ developer has named the District as a
named beneficiary of an established escrow arrangement with its designated escrow agent
who shall be named and identified to the District, and who shall be directed to release the
deposited source code in accordance with the terms of escrow.
3. The Contractor shall update the source code, as well as any corrections or enhancements
to the source code, for each new release of the Product in the same manner as provided
above and certify such updating of escrow to the District in writing.
F. Indemnification and Limitation of Liability
The Contractor shall indemnify and save and hold harmless the District, its officers, agents
and employees acting within the scope of their official duties against any liability, including
costs and expenses, (i) for violation of proprietary rights, copyrights, or rights of privacy,
arising out of the publication, translation, reproduction, delivery, performance, use or
disposition of any data furnished under this contract, or (ii) based upon any data furnished
under this contract, or based upon libelous or other unlawful matter contained in such data.
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I.6 OTHER CONTRACTORS
The Contractor shall not commit or permit any act that will interfere with the performance of
work by another District contractor or by any District employee.
I.7 SUBCONTRACTS
The Contractor hereunder shall not subcontract any of the Contractor’s work or services to any
subcontractor without the prior written consent of the CO. Any work or service so subcontracted
shall be performed pursuant to a subcontract agreement, which the District will have the right to
review and approve prior to its execution by the Contractor. Any such subcontract shall specify
that the Contractor and the subcontractor shall be subject to every provision of this contract.
Notwithstanding any such subcontract approved by the District, the Contractor shall remain liable
to the District for all Contractor's work and services required hereunder.
I.8 INSURANCE
A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and maintain,
during the entire period of performance under this contract, the types of insurance specified
below. The Contractor shall submit a Certificate of Insurance to the CO giving evidence of the
required coverage prior to commencing performance under this contract. In no event shall any
work be performed until the required Certificates of Insurance signed by an authorized
representative of the insurer(s) have been provided to, and accepted by, the CO.
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
insured arising out of the performance of this Statement of Work by the Contractor or its
subcontractors, or anyone for whom the Contractor or its subcontractors may be liable. These
policies shall include a separation of insureds clause applicable to the additional insured.
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If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits than the
minimums shown below, the District requires and shall be entitled to the broader coverage and/or
the higher limits maintained by the Contractor and subcontractors.
B. INSURANCE REQUIREMENTS
1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide evidence
satisfactory to the CO with respect to the services performed that it carries a CGL policy, written
on an occurrence (not claims-made) basis, on Insurance Services Office, Inc. (“ISO”) form CG 00
01 04 13 (or another occurrence-based form with coverage at least as broad and approved by the
CO in writing), covering liability for all ongoing and completed operations of the Contractor 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:
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.
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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. 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 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.
4. 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.
5. 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
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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.
6. 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.
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
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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 the CO, at least 10 days after
execution of this Agreement, certificates of insurance evidencing the required insurance coverage
and endorsements required herein. The Contractor must also provide us with evidence of renewal
before the expiration date of each insurance policy. The 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
And mailed to the attention of:
Tracy Williams
Office of Contracting and Procurement
Marion s. Barry Jr. Building
441 4th Street, NW, 330 South
Washington, DC 20001
(202) 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 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.
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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
Bidder who has not satisfied the equal employment requirements.
I.10 ORDER OF PRECEDENCE
The contract awarded because of the state 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 CW118520 and EVV System Documentation
(3) Supplemental Provisions to the Standard Contract Provisions
(4) Standard Contract Provisions
(5) Contract attachments other than the Standard Contract Provisions
(6) State of Nevada Contract (cooperative) – 40DHHS-S2143
I.11 DISPUTES
Delete Article 14, Disputes, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts and substitute the following
Article 14, Disputes, in its place:
14. Disputes
All disputes arising under or relating to the contract shall be resolved as provided herein.
(a) Claims by the Contractor against the District: Claim, as used in paragraph (a) of this
clause, means a written assertion by the Contractor seeking, as a matter of right, the
payment of money in a sum certain, the adjustment or interpretation of contract terms, or
other relief arising under or relating to the contract. A claim arising under a contract,
unlike a claim relating to that contract, is a claim that can be resolved under a contract
clause that provides for the relief sought by the claimant
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(1) All claims by a Contractor against the District arising under or relating to a contract
shall be in writing and shall be submitted to the CO for a decision. The Contractor’s
claim shall contain at least the following:
(i) A description of the claim and the amount in dispute;
(ii) Data or other information in support of the claim;
(iii) A brief description of the Contractor’s efforts to resolve the dispute prior to filing
the claim; and
(iii) The Contractor’s request for relief or other action by the CO.
(2) The CO may meet with the Contractor in a further attempt to resolve the claim by
agreement.
(3) The CO shall issue a decision on any claim within 120 calendar days after receipt of
the claim. Whenever possible, the CO shall take into account factors such as the size
and complexity of the claim and the adequacy of the information in support of the
claim provided by the Contractor.
(4) The CO’s written decision shall do the following:
(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings of fact,
although specific findings of fact are not required and, if made, shall not be
binding in any subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine the amount
of monetary settlement, the contract adjustment to be made, or other relief to
be granted;
(vi) Indicate that the written document is the CO’s final decision; and
(vii) Inform the Contractor of the right to seek further redress by appealing the
decision to the Contract Appeals Board.
(5) Failure by the CO to issue a decision on a contract claim within 120 days of receipt of
the claim will be deemed to be a denial of the claim, and will authorize the
commencement of an appeal to the Contract Appeals Board as provided by D.C.
Official Code § 2-360.04.
(6) If a contractor is unable to support any part of its claim and it is determined that the
inability is attributable to a material misrepresentation of fact or fraud on the part of
the Contractor, the Contractor shall be liable to the District for an amount equal to the
unsupported part of the claim in addition to all costs to the District attributable to the
cost of reviewing that part of the Contractor’s claim. Liability under this paragraph
(a)(6) shall be determined within six (6) years of the commission of the
misrepresentation of fact or fraud.
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(7) Pending final decision of an appeal, action, or final settlement, the Contractor shall
proceed diligently with performance of the contract in accordance with the decision of
the CO.
(b) Claims by the District against the Contractor: Claim as used in paragraph (b) of this
clause, means a written demand or written assertion by the District seeking, as a matter of
right, the payment of money in a sum certain, the adjustment of contract terms, or other
relief arising under or relating to the contract. A claim arising under a contract, unlike a
claim relating to that contract, is a claim that can be resolved under a contract clause that
provides for the relief sought by the claimant.
(1) The CO shall decide all claims by the District against a contractor arising under or
relating to a contract.
(2) The CO shall send written notice of the claim to the contractor. The CO’s written
decision shall do the following:
(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings of fact,
although specific findings of fact are not required and, if made, shall not be
binding in any subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine the amount of
monetary settlement, the contract adjustment to be made, or other relief to be
granted;
(vi) Indicate that the written document is the CO’s final decision; and
(vii) Inform the Contractor of the right to seek further redress by appealing the
decision to the Contract Appeals Board.
(3) The CO shall support the decision by reasons and shall inform the Contractor of its
rights as provided herein.
(4) Before or after issuing the decision, the CO may meet with the Contractor to attempt
to resolve the claim by agreement.
(5) The authority contained in this paragraph (b) shall not apply to a claim or dispute for
penalties or forfeitures prescribed by statute or regulation which another District
agency is specifically authorized to administer, settle, or determine.
(6) This paragraph shall not authorize the CO to settle, compromise, pay, or otherwise
adjust any claim involving fraud.
(c) Decisions of the CO shall be final and not subject to review unless the Contractor timely
commences an administrative appeal for review of the decision, by filing a complaint with
the Contract Appeals Board, as authorized by D.C. Official Code § 2-360.04.
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(d) Pending final decision of an appeal, action, or final settlement, the Contractor shall
proceed diligently with performance of the contract in accordance with the decision of the
CO.
I.12 CHANGES
Delete clause 15, Changes, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts and substitute the following
clause 15, Changes in its place:
15. Changes:
(a) The CO may, at any time, by written order, and without notice to the surety, if any, make
changes in the contract within the general scope hereof. If such change causes an increase
or decrease in the cost of performance of the contract, or in the time required for
performance, an equitable adjustment shall be made. Any claim for adjustment for a
change within the general scope must be asserted within ten (10) days from the date the
change is ordered; provided, however, that the CO, if he or she determines that the facts
justify such action, may receive, consider and adjust any such claim asserted at any time
prior to the date of final settlement of the contract. If the parties fail to agree upon the
adjustment to be made, the dispute shall be determined as provided in clause 14 Disputes.
(b) The District shall not require the Contractor, and the Contractor shall not require a
subcontractor, to undertake any work that is beyond the original scope of the contract or
subcontract, including work under a District-issued change order, when the additional
work increases the contract price beyond the not-to-exceed price or negotiated maximum
price of this contract, unless the CO:
(1) Agrees with Contractor, and if applicable, the subcontractor on a price for the
additional work;
(2) Obtains a certification of funding to pay for the additional work;
(3) Makes a written, binding commitment with the Contractor to pay for the additional
work within 30-days after the Contractor submits a proper invoice; and
(4) Provides the Contractor with written notice of the funding certification.
(c) The Contractor shall include in its subcontracts a clause that requires the Contractor to:
(1) Within 5 business days of its receipt of notice the approved additional funding,
provide the subcontractor with notice of the amount to be paid to the subcontractor for
the additional work to be performed by the subcontractor;
(2) Pay the subcontractor any undisputed amount to which the subcontractor is entitled for
the additional work within 10 days of receipt of payment from the District; and
(3) Notify the subcontractor and CO in writing of the reason the Contractor withholds any
payment from a subcontractor for the additional work.
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(d) Neither the District, Contractor, nor any subcontractor may declare another party to be in
default, or assess, claim, or pursue damages for delays, until the parties to agree on a price
for the additional work.
I.13 NON-DISCRIMINATION CLAUSE
Delete clause 19, Non-Discrimination Clause, of the Standard Contract Provisions dated July
2010 for use with District of Columbia Government Supplies and Services Contracts and
substitute the following clause 19, Non-Discrimination Clause, in its place:
19. Non-Discrimination Clause:
(a) The Contractor shall not discriminate in any manner against any employee or applicant for
employment that would constitute a violation of the District of Columbia Human Rights
Act, effective December 13, 1977, as amended (D.C. Law 2-38; D.C. Official Code § 2-
1401.01 et seq.) (“Act”, as used in this clause). The Contractor shall include a similar
clause in all subcontracts, except subcontracts for standard commercial supplies or raw
materials. In addition, the Contractor agrees, and any subcontractor shall agree, to post in
conspicuous places, available to employees and applicants for employment, a notice
setting forth the provisions of this non-discrimination clause as provided in section 251 of
the Act.
(b) Pursuant to Mayor’s Order 85-85, (6/10/85), Mayor’s Order 2002-175 (10/23/02),
Mayor’s Order 2011-155 (9/9/11) and the rules of the Office of Human Rights, Chapter 11
of Title 4 of the D.C. Municipal Regulations, the following clauses apply to the contract:
(1) The Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived: race, color, religion, national origin, sex,
age, marital status, personal appearance, sexual orientation, gender identity or
expression, family responsibilities, genetic information, disability, matriculation,
political affiliation, or credit information. Sexual harassment is a form of sex
discrimination which is prohibited by the Act. In addition, harassment based on any of
the above protected categories is prohibited by the Act.
(2) The Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
actual or perceived: race, color, religion, national origin, sex, age, marital status,
personal appearance, sexual orientation, gender identity or expression, family
responsibilities, genetic information, disability, matriculation, political affiliation, or
credit information. The affirmative action shall include, but not be limited to the
following:
(a) employment, upgrading or transfer;
(b) recruitment, or recruitment advertising;
(c) demotion, layoff, or termination;
(d) rates of pay, or other forms of compensation; and
(e) selection for training and apprenticeship.
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(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.
I.14 COST AND PRICING DATA
Delete Article 25, Cost and Pricing Data, of the Standard Contract Provisions dated July 2010 for
use with District of Columbia Government Supplies and Services Contracts.
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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.
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SECTION J: ATTACHMENTS
The following list of attachments is incorporated into the contract by reference:
Attachment
Number Document
J.1
Government of the District of Columbia Standard Contract Provisions for Use
with the Supplies and Services Contracts (July 2010)
available at http://ocp.dc.gov, Center of Excellence, “Required Solicitation
Documents”
J.2
U.S. Department of Labor Wage Determination 2015-4281
Revision 30, dated July 22, 2024
https://sam.gov/content/wage-determinations
J.3
Equal Employment Opportunity Employer Information Report and Mayor’s
Order 85-85
available at http://ocp.dc.gov, Center of Excellence, “Required Solicitation
Documents”
J.4
Way to Work Amendment Act of 2006 – Living Wage Notice
available at available at http://ocp.dc.gov, Center of Excellence, “Required
Solicitation Documents”
J.5
Way to Work Amendment Act of 2006 – Living Wage Fact Sheet
available at http://ocp.dc.gov, Center of Excellence, “Required Solicitation
Documents”
J.6
Tax Certification Affidavit
available at http://ocp.dc.gov, Center of Excellence, “Required Solicitation
Documents”
J.7
Bidder/Offeror Certification Form
available at http://ocp.dc.gov, Center of Excellence, “Required Solicitation
Documents”
J.8
Subcontracting Plan
available at http://ocp.dc.gov, Center of Excellence, “Required Solicitation
Documents”
J.9
First Source Employment Agreement
available at http://ocp.dc.gov, Center of Excellence, “Required Solicitation
Documents”
J.10
First Source Employment Plan
available at http://ocp.dc.gov, Center of Excellence, “Required Solicitation
Documents”
J.11 Certificate of Clean Hands
available at http://mytax.dc.gov
J.12
Business License
available at https://dlcp.dc.gov, DC Department of Licensing and Consumer
Protection
J.13 HIPAA Business Associate Agreement
J.14 State of Nevada Contract (cooperative) – 40DHHS-S2143