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MURIEL BOWSER
MAYOR
May 15, 2025
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 Modification No. M004 to the Human Care Agreement No. CW101567 with Surpassing
The Average Rehabilitation Services, to exercise option year two in the not-to-exceed amount of
$1,385,175.The period of performance is from June 2, 2025, through June 1, 2026.
Under the proposed modification, Surpassing The Average Rehabilitation Services will continue
to provide supported rehabilitative services to consumers enrolled in the District's public mental
health system to facilitate and sustain the community tenure of adult individuals with a diagnosis
of severe and persistent mental illness and in need of intensive behavioral and medical supports
within a structured and supervised setting.
My administration is available to discuss any questions you may have regarding the proposed
modification. 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 modification.
Sincerely,
1
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement
Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Standard)
(A) Contract Number: CW101567
Proposed Contractor: Surpassing The Average Rehabilitation Services
(STARS)
Proposed Contractor’s Principals: Keon Coleman
Contract Amount (Option Year Two): Not-to-exceed (NTE) $1,385,175
Unit and Method of Compensation: Fixed unit price, with prices and
services established in Title 22-A DCMR 5701
Term of Contract: June 2, 2025 through June 1, 2026
Type of Contract: Human Care Agreement (HCA) under which task
orders are to be issued for District requirements
Source Selection Method: Request for Qualifications
(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: NTE $ 613,713
(June 2, 2023, through June 1, 2024)
Option Period 1 Amount: NTE $ 862,983
(June 2, 2024, through June 1, 2025)
Explanation of difference from base period:
2
The NTE amount for the option periods is higher than the base year due to an increase in the bed
capacity from 14 to 30 beds toward the end of option year one.
Option Period 2 Amount: NTE $1,385,175
(June 2, 2025, through June 1, 2026)
Explanation of difference from base period (if applicable):
The NTE amount for the option periods is higher than the base year due to an increase in the bed
capacity from 14 to 30 beds toward the end of option year two.
Option Period 3 Amount: NTE $1,385,175
(June 2, 2026, through June 1, 2027)
Option Period 4 Amount: NTE $1,385,175
(June 2, 2027, through June 1, 2028)
(C) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:
The provider shall deliver intensive residential support and services to consumers enrolled in the
District’s public mental health system, diagnosed with a serious mental illness and in need of
intensive behavioral and medical supports within a structured and supervised setting.
(D) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:
The District received nine qualification packages in response to Request for Qualifications (RFQ)
No. DOC569771 by the due date. The contracting officer conducted a responsiveness check of the
proposals received, concluded all nine providers were responsive to the solicitation, and therefore
moved forward to the evaluation phase.
The providers were evaluated in accordance with 27 DCMR Section 1905.4, including a review of
their capability, resumes, professional qualifications of the business, the organization's staff,
relevant professional, and business licenses, and past performance providing Supported
Rehabilitative Residence (SRR) services. The District awarded a human care agreement after
determining that STARS was qualified.
(E) A description of any bid protest related to the award of the contract, including whether the
protest was resolved through litigation, withdrawal of the protest by the protestor, or voluntary
corrective action by the District. Include the identity of the protestor, the grounds alleged in
the protest, and any deficiencies identified by the District as a result of the protest:
None
(F) A description of any other contracts the proposed contractor is currently seeking or holds with
the District:
3
None
(G) The background and qualifications of the proposed c ontractor, 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:
STARS is an experienced provider of SRR services and has the necessary organizational structure,
experience, technical skills, and operational controls to fulfil the requirements of the human care
agreement. STARS has demonstrated knowledge and experience working with the consumer
population and has completed the necessary Department of Behavioral Health ( DBH) provider
training to support successful outcomes with SRR services for DBH consumers. Furthermore, DBH
has confirmed the provider has maintained an SRR services certification in good standing and has a
satisfactory performance record. In addition, their 2024 audited financial statement presents fairly, in
all material respects, the financial position of STARS as of October 22, 2024.
(H) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended, D.C.
Official Code § 2 -218.01 et seq. (“Act”), including a certification that the subcontracting plan
meets the minimum requirements of the Act and the dollar volume of the portion of the contract
to be subcontracted, expressed both in total dollars and as a percentage of the total contract
amount:
The Department of Small and Local Business Development has waived the subcontracting
requirement.
(I) Performance standards and the expected outcome of the proposed contract:
STARS shall facilitate and sustain the community tenure of adult individuals with a diagnosis of
severe and persistent mental illness, in need of 24-hour staff supervision, on- site rehabilitation and
who are enrolled with DBH. STARS shall work with the residents’ core service agency to ensure that
individuals receive residential and community- based support services in accordance with their
individual recovery plans, which will result in an improved quality of life for consumers.
(J) The amount and date of any expenditure of funds by the District pursuant to the contract prior
to its submission to the Council for approval:
None
(K) A certification that the proposed contract is within the appropriated budget authority for the
agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:
The Department of Behavioral Health Fiscal Officer has certified that funding in the amount of
$1,385,175 is available.
4
(L) A certification that the contract is legally sufficient, including whether the proposed contractor
has any pending legal claims against the District:
The Office of the Attorney General h as determined that the proposed human care agreement with
STARS is legally sufficient. The provider has no pending legal claims against the District.
(M) A certification that Citywide Clean Hands database indicates that the proposed contractor is
current with its District taxes . If the Citywide Clean Hands Database indicates that the
proposed contractor is not current with its District taxes, either: (1) a certification that the
contractor has worked out and is current with a payment schedule approved by the District; or
(2) a certification that the contractor will be current with its District taxes after the District
recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b):
The Citywide Clean Hands database indicates that the provider is current with its District taxes as of
April 2, 2025.
(N) A certification from the proposed contractor that it is current with its federal taxes, or has
worked out and is current with a payment schedule approved by the federal government:
Based on information contained in the bidder offeror certification form, the provider has certified that
it is current with its federal taxes.
(O) A certification that the proposed contractor has been determined not to violate section 334a of
the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics
Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a; and (2) A certification from
the proposed contractor that it currently is not and will not be in violation of section 334a of
the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics
Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a:
The provider 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 the provider 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) The status of the proposed contractor as a certified loca l, small, or disadvantaged busi ness
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.:
STARS is not a certified local, small, or disadvantaged business enterprise.
(Q) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None
5
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 March 27, 2025, the provider is not currently debarred from providing services to any
government entity.
(R) Any determination and findings issues relating to the contract’s formation, including any
determination and findings made under D.C. Official Code § 2-352.05 (privatization contracts):
Determination and Findings for Contractor’s Responsibility
Determination and Findings for Price Reasonableness
(S) Where the contract, and any amendments or modifications, if executed, will be made available
online:
Office of Contracting and Procurement website www.ocp.dc.gov .
(T) Where the original solicitation, and any amendments or modifications, will be made available
online:
Office of Contracting and Procurement website http://ocp.dc.gov
1101 4th Street, SW
Washington, DC 20024
Date of Notice: April 2, 2025 L0013967181Notice Number:
FEIN: **-***3075
Case ID: 18527628
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
SURPASSING THE AVERAGE REHABILITATION SERIVCE
914 47TH ST NE
WASHINGTON DC 20019-3722
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 DISTRICT OF COLUMBIA
DEPARTMENT OF BEHAVIORAL HEALTH
Office of the Chief Financial Officer
Page 1 of 2
MEMORANDUM
TO: Habibatu Jalloh
Deputy Chief Contracting Officer
Office of Contracting and Procurement
THRU: Delicia V. Moore
Associate Chief Financial Officer
Human Support Services Cluster
FROM: Adran Reid
Agency Fiscal Officer
Department of Behavioral Health
DATE April 01, 2025
SUBJECT: Ce
rtification of Funding availability for $ 1,385,175
Provider: Surpassing The Average Rehabilitation Services
Human Care Agreement # CW101567-Supported Rehabilitative Residence Services
The Office of the Chief Financial Officer hereby certifies that the sum of $1,385,175 is included in the District’s
Local Budget and Financial Plan for Fiscal Year 2025 and 2026 to fund the costs associated with the Department of
Behavioral Health Human Care Agreement with Surpassing The Average Rehabilitation Services relating to the
Supported Rehabilitative Residence Services to facilitate and sustain the community tenure of individuals who are
enrolled with the Department of Behavioral Health and have diagnoses of severe and persistent mental illness. This
certification supports the Human Care Agreement during the period from June 02,2025 through June 01,2026. The
fund allocation is as follows:
Vendor: Surpassing The Average Rehabilitation Service Human Care Agreement #: CW101567
Fiscal Year 2025 Funding: 06/02/2025 - 09/30/2025
Agency Fund Project Award Task Account Program Cost Center Amount
RM0 1010001 202175 1000745 65.07 7132001 700283 70420 $459,195
FY 2025 Contract Total: $ 459,195
Fiscal Year 2026 Funding: 10/01/2025 - 6/01/2026
Agency Fund Project Award Task Account Program Cost Center Amount
RM0 1010001 202175 TBD 26.6507 7132001 700283 70420 $925,980
FY 2026 Contract Total: $925,980
04/03/25
Page 2 of 2
Upon approval of the District’s Local Budget and Financial Plan by the Council and the Mayor and completion of
the thirty-day Congressional layover, funds will be sufficient to pay for fees and costs associated with the contract.
There is no fiscal impact associated with the contract.
Should you have any questions, please contact Adran Reid, Agency Fiscal Officer at (202) 671-3393.
400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General
ATTORNEY GENERAL
BRIAN L. SCHWALB
Commercial Division
MEMORANDUM
TO: Sarina Loy
Deputy Director
Office of Policy and Legislative Affairs
FROM: Robert Schildkraut
Section Chief
Government Contracts Section
DATE: May 6, 2025
SUBJECT: Approval of Option Year Two for Human Care Agreement
Human Care Agreement Number: CW101567
Contractor: Surpassing The Average Rehabilitation Services (STARS)
Proposed Human Care Agreement Amount: NTE $1,385,175
This is to Certify that this Office has reviewed the above- referenced Contract and that we have
found it to be legally sufficient. If you have any questions in this regard, please do not hesitate to
call me at (202) 724-4018.
______________________________
Robert Schildkraut
Page 1 of 3
MODIFICATION OF CONTRACT
1. Contract Number Page of Pages
CW101567 1 3
2. Amendment/Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Solicitation Caption
M001 Supported Rehabilitative
Residence Services
6. Issued by: Code 7. Administered by (If other than line 6)
Office of Contracting and Procurement on behalf of
Department of Behavioral Health
64 New York Avenue, NE, 2nd Floor.
Washington, DC 20002
Department of Behavioral Health (DBH)
64 New York Ave NE
Washington, DC 20002
8. Name and Address of Contractor (No. Street, city, county, state and zip
code)
Surpassing The Average Rehabilitation Services (STARS)
914 47th NE
Washington DC 20019
Attn: Mr. Keon Coleman CEO
E-mail: stars_dc@yahoo.com
9A. Amendment of Solicitation No.
9B. Dated (See Item 11)
X
10A. Modification of Contract/Order No.
CW101567
Code Facility
10B. Dated (See Item 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15 and returning __________ copies of the amendment: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c)
BY separate letter or fax which includes a reference to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE
PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of
this amendment you desire to change an offer already submitted, such may be made by letter or fax, provided each letter or telegram makes reference to the solicitation and this
amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
A. This change order is issued pursuant to (Specify Authority): 27 DCMR, Chapter 36, Contract Modifications
The changes set forth in Item 14 are made in the contract/order no. in item 10A.x
x B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation data
etc.) set forth in item 14, pursuant to the authority of 27 DCMR, Chapter 36, Section 3601.2.
C. This supplemental agreement is entered into pursuant to authority of section 5701 of Title 22A, D.C. Municipal Regulation, Chapter 57
D. Other (Specify type of modification and authority)
E. IMPORTANT: Contractor is not is required to sign this document.
14. Description of Amendment/Modification (Organized by UCF Section headings, including solicitation/contract subject matter
where feasible.) The Government of District of Columbia hereby modifies the Contract No. CW101567 as follows:
A. Pursuant to the amendment to section 5701 of Title 22A, D.C. Municipal Regulation, Chapter 57, the District
hereby increases the reimbursement rates for the Mental Health Community Residential Facilities (MHCRF).
The per diem for the Supported Rehabilitative Residence (SRR) shall be increased from $ 106.15 to 126.50. As
result the total Not- To- Exceed (NTE) amount for Base Year is hereby increased from $543,912.60 to $613,713.
Except as provided herein, all terms and conditions of the document is referenced in Item 9A or 10A remain unchanged and in full force and effect.
15A. Name and Title of Signer 16A. Name of Contracting Officer
Habibatu Jalloh
15B. Name of Contractor
(Signature of person authorized to sign)
15C. Date Signed 16B. District of Columbia
(Signature of Contracting Officer)
16C. Date Signed
Page 2 of 2
04/26/2024
Page 2 of 3
B. Section B.
I. Revision B. 2.1 The unit price for services under this contract is established through amended
regulation, Title 22A, D.C. Municipal Regulation, Chapter 57. The MHCRF bed rate per day is payable
for each day that the consumer is physically present in the residence for at least eight (8) hours in a 24-
hour period beginning at 12:00:00am and ending at 11:59:59pm, Eastern Standard Time
The Absence bed rate per day (75% of the MHCRF bed rate per day) is payable for up to 30 days in the
fiscal year, for a consumer who is absent from the residence for 16 hours or more in a 24-hour period
beginning at 12:00:00am and ending at 11:59:59pm, Eastern Standard Time, counting from the first day
of absence.
Neither the MHCRF nor the Absence bed rate per day is payable when the consumer has been absent
from the residence for 16 hours or more in a 24-hour period beginning at 12:00:00 a.m. and ending at
11:59:59 p.m., Eastern Standard Time after 31 days or more in a fiscal year, counting from the first day
of absence.
II. Revised B.2.2 Reimbursement Rate
In accordance with DCMR Title 22a Chapter 57, the revised per diem shall be as follows:
Service Code Rate Unit
Supported Rehabilitative
Residence MCRF Per
diem
SRR01 $126.50 Daily
III. B.5.2 Price Schedule for Base Year and four option years have been revised
CLIN
Support
Residence
Services
MHCRF
Maximum Bed
Capacity
Number of
Days
Published
Unit Price
Maximum Total
Price
001 Base Year 14 121 $106.15 $179,818
001 Base Year 14 245 $126.50 $433,895
Revised
Base Year
Total
$613,713
1001 Option Year
One 14 365 $126.50 $646,415
2002 Option Year
Two 14 365 $126.50 $646,415
2003 Option Year
Three 14 365 $126.50 $646,415
2004 Option Year
Four 14 366 $126.50 $648,186
Grand Total $2,552,958
Page 3 of 3
C. Incorporated in this contract is the U.S. Department of Labor Wage Determination No:2015-4281 Revision 28,
dated 12/26/2023, located at https://sam.gov/wage-determination/2015-4281/28
D. Incorporated in this contract is the U.S. Department of Labor Way to Work Amendment Act of 2006 - Living
Wage Act with the updated version effective January 1, 2024, located at THE LIVING WAGE ACT OF 2006
(dc.gov) i n the contract as Attachment J. 3
E. Incorporated in this contract is the U.S. Department of Labor Way to Work Amendment Act of 2006 - Living
Wage Notice with the updated version effective January 1, 2024, located at THE LIVING WAGE ACT OF
2006 (dc.gov) i n the contract as Attachment J. 4
F. All other terms and conditions remain unchanged.
Page 1 of 2
MODIFICATION OF CONTRACT
1. Contract Number Page of Pages
CW101567 1 2
2. Amendment/Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Solicitation Caption
M002 June 02, 2024 Supported Rehabilitative
Residence Services
6. Issued by: Code 7. Administered by (If other than line 6)
Office of Contracting and Procurement on behalf of
Department of Behavioral Health
64 New York Avenue, NE, 2nd Floor.
Washington, DC 20002
Department of Behavioral Health (DBH)
64 New York Ave NE
Washington, DC 20002
8. Name and Address of Contractor (No. Street, city, county, state and zip
code)
Surpassing The Average Rehabilitation Services (STARS)
914 47th NE
W
ashington DC 20019
Attn: Mr. Keon Coleman CEO
E
-mail: stars_dc@yahoo.com
9A. Amendment of Solicitation No.
9B. Dated (See Item 11)
X
10A. Modification of Contract/Order No.
CW101567
Code Facility
10B. Dated (See Item 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
( a) By completing Items 8 and 15 and returning __________ copies of the amendment: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c)
BY separate letter or fax which includes a reference to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE
PLACE DESIGNATED FOR THE RECEIPT OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this
amendment you desire to change an offer already submitted, such may be made by letter or fax, provided each letter or telegram makes reference to the solicitation and this
amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
A. This change order is issued pursuant to (Specify Authority): 27 DCMR, Chapter 36, Contract Modifications
The changes set forth in Item 14 are made in the contract/order no. in item 10A. x
x B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation data
etc.) set forth in item 14, pursuant to the authority of 27 DCMR, Chapter 36, Section 3601.2.
C. This supplemental agreement is entered into pursuant to authority o f section 5701 of Title 22A, D.C. Municipal Regulation, Chapter 57
D. Other (Specify type of modification and authority)
E. IMPORTANT: Contractor is not is required to sign this document.
14. Description of Amendment/Modification (Organized by UCF Section headings, including solicitation/contract subject matter
where feasible.) The Government of District of Columbia hereby modifies the Contract No. CW101567 as follows:
A.
In accordance with 27DCMR 2008 and Section F.2, Option to Extend the Term of the Human Care Agreement, the
District hereby exercises option year one for the period performance starting from June 2, 2024, through June 1,
2025, in the not-to-exceed amount of $646,415.
B. F
unding of this Human Care Agreement beyond September 30,2024 is contingent upon the availability of funds in
DB
H Fiscal Year 2025 budget.
Except as provided herein, all terms and conditions of the document is referenced in Item 9A or 10A remain unchanged and in full force and effect.
15A. Name and Title of Signer 16A. Name of Contracting Officer
Habibatu Jalloh
15B. Name of Contractor
(Signature of person authorized to sign)
15C. Date Signed 16B. District of Columbia
(Signature of Contracting Officer)
16C. Date Signed
05/31/2024
Page 2 of 2
C. Incorporated in this human care agreement is the U.S. Department of Labor Wage Determination No:2015-4281
Revision 29, dated 04/11/2024, located at https://sam.gov/wage-determination/2015-4281/29
D. All other terms and conditions remain unchanged.
02/14/2025
B. RevisedSectionB.
I. _B.3ThePriceScheduleforoptionyearsonethroughfourhasbeenrevisedasfollow
Stipportae \CHIN| ServicesMH( ae :
1001| Option Year One 3106.50 $646,41S
add to 16 Beds $126.50 $216,568
2002| Option Year Two $126.50, $1,385,175
2003| Option Year Three $126.50, $1,385,175
2004| Option Year Four $126.50 $1,388,970
Grand Total $2,552,958
C. IncorporatedinthiscontractistheU.S.DepartmentofLaborWageDeterminationNo:2015-4281Revision32,
dated12/23/2024,locatedathttps://sam.gov/wage-determination/2015-4281/32
D. IncorporatedinthiscontractistheU.S.DepartmentofLaborWay toWorkAmendmentActof2006-Living
WageActwiththeupdatedversioneffectiveJanuary1,2025,locatedatTHE LIVINGWAGE ACT OF 2006
(de.gov)inthecontractasAttachmentJ.3
E. IncorporatedinthiscontractistheU.S.DepartmentofLaborWay toWorkAmendmentActof2006-Living
WageNoticewiththeupdatedversioneffectiveJanuary1,2025,locatedatTHE LIVINGWAGE ACT OF
2006(de.gov)inthecontractasAttachmentJ.4
F.Allothertermsandconditionsremainunchanged.
Page2of2
06/02/2023
6/02/2023
Page 2 of 49
SECTION B
HUMAN CARE SERVICES AND SERVICE RATES
B.1 The Government of the District of Columbia Office of Contracting and Procurement (OCP)
on behalf of the Department of Behavioral Health (DBH), is awarding a human care
agreement (hereinafter referred to as "HCA") to Surpassing The Average Rehabilitation
Services (STARS) to provide Supported Rehabilitative Residence (SRR) services who hold
a current non-restricted license in good standing or has submitted an application for a
Community Residence Facility (CRF) SRR license to DBH licensure.
B.1.1 T
he HCA is not a commitment by the District to purchase any quantity of a particular service
covered under this HCA. Providers who are awarded HCAs will be eligible to receive task orders
from the District. The District is obligated only to the extent that purchase orders or tasks orders
are made pursuant to the HCA.
B.1.2 T
his HCA is an indefinite delivery- indefinite quantity (IDIQ) fixed unit price contract. The
District intends to procure up to 14 beds for up 366 days, the anticipated maximum not-to-exceed
amount is $543,912.60.
B.1.3 Delivery or performance shall be made only as authorized through the DBH Adult Services
Administration, i n accordance with Section G. The Provider shall furnish to the district, when
and if ordered, the supplies or services specified in the Price Schedule from the
minimum quantity of 1 bed for minimum of 1 day and up to maximum of 14 beds for up to 366
days.
B.1.4 Th
e purchase order or task order pursuant to this HCA shall specify the population to be served,
location, number of beds and service type to the Provider who shall furnish CRF licenses in good
standing issued by DBH. The scope of the services to be provided as specified in Section C of
this HCA shall also require the provider to possess and maintain the required licensure during the
performance of an HCA. There is no limit on the number of orders that may be issued. The
District may issue task orders requiring delivery to multiple destinations or performanc e at
multiple locations.
B.2 SERVICE RATES
The rat
e of payment for services rendered in accordance with a purchase order shall be at the rates
contained in Section B.3 Pricing Schedules. The total number of service units authorized by DBH
shall be subject to operator certification standards for SRR providers.
B.2.1 Th
e unit price for services under this HCA is established through regulation, Title 22A, D.C.
Municipal Regulation, Chapter 57. The unit price is payable for each day that the consumer
resides at the facility. For purposes of this Contract, a consumer resides at the facility when the
consumer is physically and present in the residence for at least eight (8) hours in a 24-hour period
beginning at 12:00:00am and ending at 11:59:59 p.m., Eastern Standard Time. The unit price is
not payable when the consumer is absent from the residence for sixteen (16) hours or more in a
24-hour period beginning at 12:00:00 a.m. and ending at11:59:59 p.m., Eastern Time.
B.2.2 R
EIMBURSEMENT RATE
Reimbursement for per diem services on a daily basis shall be as follows:
Page 3 of 49
SERVICE CODE RATE UNIT
SRR MHCRF Per Diem SRR01 $106.15 Daily
B.2.3 The maximum not to exceed value the base year is not-to-exceed $543,912.60.
DCMR, Title 22A,
Chapter 57
Reimbursement Rates for services provided by the DBH Certified
(SRR) Mental Health Community Residence Facility (MHCRF)
B.3 SCHEDULE B - PRICING SCHEDULE
The current published rate shall apply for any base year of this HCA and any District
exercised option year (option year one through four)
(A) (B) (C) (D) (E) (F) G H I
CLIN SRR
SRR bed
Minimum
Capacity
Minimum
Days
Published
Unit Price
Minimum
Total Price
(C*D*E=F)
SRR bed
Maximum
Capacity
Maximum
Days
Not-to-
exceed
(NTE) total
Price
(E*G*H=I)
0001 Base
year 1 1 $106.15 $106.15 14 366 $543,912.60
1001
Option
year
one
1 1 $106.15 $106.15 14 365 $542,426.50
2001
Option
year
two
1 1 $106.15 $106.15 14 365 $542,426.50
3001
Option
year
three
1 1 $106.15 $106.15 14 365 $542,426.50
4001
Option
year
four
1 1 $106.15 $106.15 14 366 $543,912.60
Base Year and Option Years Grand Total $1,550,639.20
***END OF SECTION B ***
SECTIONC
Page 4 of 49
HUMAN CARE SERVICE DESCRIPTION AND SCOPE OF SERVICES
C.1 Background
DBH is seeking to award one or multiple HCA to eligible licensed SRR operators who hold a
current non-restricted license in good standing or has applied for a CRF SRR license to DBH
Licensure. SRR services Provider s shall provide the re quired services to facilitate and sustain
the community tenure of individuals who are enrolled with the D BH and have a diagnosis of
severe and persistent mental illness.
C.2 Scope of Human Care Services
C.2.1 SRR Services Providers shall provide the required services to facilitate and sustain the
community tenure of adult individuals with a diagnosis of severe and persistent mental
illness, be in need of 24-hour staff supervision, on-site rehabilitation and who are enrolled
with the DBH . SRR operators shall work with the resident's Core Services Agency (CSA)
to ensure that individuals receive residential and community-based support services in
accordance with his/her Individual Recovery Plan (IRP). This Solicitation is being issued
to accommodate the need identified by DBH for additional beds (slots) to complete the need
for SRR services to be provided to DBH.
C.3. Definitions
C.3.1 CMS - Center for Medicare and Medicaid Services formerly the Health Care Financing
Administration (HCFA)
C.3.2 Certification - Written authorization from DBH allowing an entity to provide specified
mental health services and mental health supports.
C.3.3 Consumer - Adults, children or youth who seek or receive mental health services or mental
health support funded or regulated by DBH. DC Official Code§ 7-1131.02 (2)
C.3.4 Provider - Individual or organization licensed and/or certified by DBH to provide mental
health services and mental health supports. Operator and Provider are also used
interchangeably to reference the entity to which this HCA has been awarded.
C.3.5 Core Services - Four categories of Mental Health Rehabilitation Services (MHRS):
Diagnostic/Assessment, Medication/Somatic Treatment, Counseling and Community
Support.
C.3.6 Individual Recovery Plan (IRP) - Individualized recovery plan for consumers, which is the
result of the Diagnostic/Assessment. The IRP is developed by the CSA in conjunction with
the consumer and other appropriate individuals and providers including the supported
Residential facility operator; the IRP is maintained by the consumer's CSA. The IRP
includes the consumer's treatment goals, strengths, challenges, objectives and interventions.
The IRP is based on the consumer's identified needs as reflected by the
Diagnostic/Assessment, the consumers expressed needs and referral information. The IRP
shall include a statement of the specific, individualized objectives of each intervention, a
description of the interventions and specify the frequency, duration and scope of each
intervention activity. The IRP also includes the ISSP developed by Sub-providers and
Specialty providers involved in providing services to the consumer. The IRP is the
authorization of treatment, based upon certification that MHRS are medically necessary by
an approving practitioner. 22A DCMR
Page 5 of 49
C.3.7 Mental Illness - Substantial disorder of thought, mood, perception, orientation or memory
that grossly impairs judgment, behavior, capacity to recognize reality or ability to meet the
ordinary demands of life. Applicable Documents.
C.3.8 The following documents are applicable to this procurement and are hereby incorporated by
this reference: All Licensed (SRR) Facilities shall be located within the District of Columbia.
Item No. Document Type Title Date
1 20 U.S.C. §§ 1400 et seq. Individuals with Disabilities
Education Act (IDEA), as amended
Current
2 29 U.S.C. §§ 791 et seq. Rehabilitation Act of 1973, Section
504, as amended
Current
3 42 U.S.C. §§ 1320d et seq. and
45 C.F.R. parts 160-164.
Administrative Simplification
provisions of the Health Insurance
Portability and Accountability Act
(HIPAA), as amended and its
implementing regulations
Current
4 42 U.S.C. §§ 12101 et seq. Americans With Disabilities Act of
1990 {ADA}, Title 11, as amended
Current
5 D.C. Official Code §§ 2-301.01
et seq.
The Procurement Practices Act of
1985, as amended
Current
6 D.C. Official Code §§ 2-
303.06a et seq. and 27 DCMR
§§ 1905 et seq
The Human Care Contract
Amendment Act of 2000, as
amended and its implementing
regulations
Current
7 D.C. Official Code§§ 2-
1402.11 et seq.
District of Columbia Human Rights
Act of 1977, as amended
Current
8 D.C. Official Code Title VII,
Chapter 11A
The Department of Behavioral
Health Establishment Act, as
amended
Current
9 D.C. Official Code Title VII,
Chapter 12
Mental Health Information Act, as
amended
Current
10 D.C. Official Code§ 21-501 et
seq.
Hospitalization of the Mentally Ill
Act (the Ervin Act}
Current
11 42 U.S.C. ch. 7, 42 C.F.R.
Chapter IV, subchapter C and
29 DCMR Chapters 9 and 52
Social Security Act, Title 11, Chapter
XIX, as amended and its
implementing regulations
Current
12 Chapter 31, Title 22 of the
DCMR
Licensing Regulations for Mental
Health Community Residential
Facilities
Current
13 Chapter 38, Title 22 of the
DCMR
Community Residence Facilities
for Mentally Ill Persons
Current
14 D.C. Official Code§ 44-
1001.01 et seq.
Nursing Homes and Community
Residence Facilities Protections
Current
15 Any other statute, regulation or
rule governing Medicaid,
promulgated by the federal or
Current
Page 6 of 49
C.4 Requirements
The SRR Provider shall:
C.4.1 have a current license issued by DBH to operate a community mental health residence and
provide documentation of being in good standing within the District of Columbia.
C.4.2 Have a license s stating the number of beds the Operator is authorized to provide.
C.4.3 shall have the ability to certify that consumers enrolled with DBH are residing within their
facilities. Supporting documentation consists of the:
a) Name;
b) DBH electronic medical record number.
c) Date of birth;
d) Social security number.
e) Address and bed number of the residence within which the consumer resides;
f) Move-in Date; and
g) Absence Days and Reasons for Absence.
NOTE: The per diem rate is only provided for individuals enrolled in the public
behavioral health system and approved by DBH.
C.4.4 Maintain a certificate of occupancy that authorizes at least the number of contracted slots
to be provided for facilities that house seven (7) or more residents.
C.4.5 Own or lease the facility or facilities that the Operator shall use to provide the required
services.
C.4.6 comply with HC A monitoring and evaluation activities by DBH or its designee to verify
billing; this statement allows the Contract Administrator to compel the Provider to produce
documents {e.g. utility bills, statements) or make accommodations for census activity to verify
that information on the invoice is accurate.
C.4.7 Maintain compliance with all responsibility criteria outlined in 27 DCMR §2200.4, including
but not limited to maintaining good standing with all District regulatory agencies and have
no outstanding debts to the District.
C.4.8 Have no record of false or fraudulent statements or conduct in dealing with the District;
C.4.9 Maintain compliance with all applicable laws and regulations, including but not limited to
those specified in Section C.3.
C.4.10 Staff employed by Operator to perform the functions necessary under this HCA shall meet
all requirements set forth in the regulations governing the operation of Supported Residential
Facility, including but not limited to those specified Sections 3818 through 3820 of Title 22-
District government, that
applies to the provision of the
services outlined in this
Contract.
Current
Page 7 of 49
B, other provisions of 22-B DCMR Chapters 31 and 38 and any other applicable laws or
regulations listed in Section C.3. There shall be a Residence Director who shall oversee the
operation of the facility or facilities. The Residence Director shall ensure that staff have
required physical examinations, health certificates, criminal background checks and training,
including CPR, First Aid and food handlers before commencing work at the facility. The
Residence Director shall also maintain salary and benefit policies and payroll records for all
employees.
C.4.11 Pay all licensure fees, penalties or fines due to the Department, within the prescribed time
frame.
C.4.12 Resolve deficiencies associated with existing licenses within the time frame prescribed by
the Department.
C.4.13 Resolve deficiencies, administrative matters or other adverse actions under the
Department of Employment Services regarding current or former CRF employees or HCA
staff for existing licensed facilities; and
C.4.14 If leasing the property for use as a CRF, provide documentation of tenancy in good
standing or, if own the property, provide documentation of all mortgages, equity loans and
other financial obligations in good standing (non-delinquent).
C.5 Specific Requirements
The SRR provider
C.5.1 Provide staff supervision and personal assistance twenty-four (24) hours a day/seven (7) days
a week to assist residents with activities of daily living, meals, lodging and recreation in
compliance with Title 22- A Chapter 38;
C.5.2 An SRR shall provide onsite rehabilitative services to serve persons seeking r esidential
placement and having a principal diagnosis of mental illness; be in need of twenty-four (24)
hour staff supervision to assist with ADLs, meals, lodging and recreation.
C.5.3 Required personal assistance includes, but not limited, to help with grooming, bathing, eating,
walking, toileting, personal money management, budgeting, making appointments, arranging
transportation and other activities associated with daily living. Personal assistance may
involve supervision, prompting, oversight or hands-on care;
C.5.4 Attendance at a day program shall not be mandatory for persons seeking placement in a SRR
and staff shall be on duty at the facility whenever one or more residents is present. Residents
shall have access to the residence at all times;
C.5.5 Assisting residents with arranging transportation, for those who are not able to navigate the
public transportation system, to and from routine appointments, treatment planning meetings,
social security, medical, church or other community based activities;
C.5.6 Coordination, collaboration and planning by staff with CSAs and other providers in
compliance with Title 22-B Sections 3828, 3832, 3833;
Page 8 of 49
C.5.7 Coordination of crisis and emergency services in accordance with the consumer's Crisis
Emergency Plan.
C.5.8 Compliance with HCA monitoring and evaluation activities by DBH or its designee to verify
billing and shall maintain a complete and accurate record of monthly admissions and
discharges and the total number of resident days at each facility. MHRS services are not
billable services under this Contract. These services are provided by the consumer's assigned
CSA;
C.5.9 The Provider shall perform the following services for Consumers:
a) Monitor consumers' health and safety.
b) Monitor and document consumers' behavior for issues that might lead to a medical
and/or psychiatric crisis or emergency.
c) Special support services (e.g., language, sight and mobility); and
d) Ensure that services are responsive to the unique ethnic, racial and cultural needs of
each consumer.
C.6 Service Planning
C.6.1 The Provider shall collaborate with the CSA and shall provide written input to the IRP regarding
the consumer's functional strengths and weaknesses, observed needs, behaviors and health or
medical issues, to coordinate service delivery.
C.6.2 Recognizing that SRR placements are not viewed as permanent living situations, the Provider
shall collaborate with the Consumer's CSA to develop and implement a Transition Plan. The
Plan shall be developed upon admission and followed throughout the person's stay, to assist
him/her in gaining the skills and abilities required to live within the least restrictive living
environment in the community.
C.7 Performance Indicators
C.7.1 The Provider accepts referrals with a valid level of care certificate from a variety of
sources including but not limited to inpatient psychiatric facilities, medical and
rehabilitation facilities, jails and prisons, substance abuse and other residential
treatment facilities, nursing homes, homelessness {street, shelter) and across the DBH
provider network, in compliance with the requirements of Title 22-8 Section 3827.
C.7.2 Supported Residence Rehabilitative Continuity of Care
C.7.2.1 The Provider shall participate on request in treatment planning meetings for each
consumer to address housing-related issues and other issues.
C.7.2.1 The Provider shall monitor and report any noticeable changes in the consumer's
medical, behavioral and psychiatric status to the CSA of record.
Page 9 of 49
C.7.2.2 The Provider shall prepare and submit Major Unusual Incident reports in compliance
with Title 22-B Section 3829 and DBH policies.
C.8 Appropriateness of Care
C.8.1 The Provider's services are consistent with the consumer's needs.
C.9 Quality of Care and Physical Environment
The Provider shall maintain each facility in compliance with all applicable District Housing Code
and Fire Code requirements, as set forth in Title 22-B DCMR, Sections 3802 through 3811.
C.9.1 The Provider shall provide individualized services in alignment with the consumer's IRP.
C.9.2 The Provider shall meet the consumer on a regular basis to discuss housing and landlord-
tenant issues and includes the CSA Community Support Worker, as appropriate.
C.9.3 The Provider shall always provide fresh clean drinking water for residents , at least three
(3) nutritional meals a day, at required intervals and between-meals snacks, with food
and drink that meet nutrition standards, that are suited to special needs of each resident
and incorporate use of fresh fruits and vegetables in compliance with the requirements of
Title 22-8 DCMR Section 3813. Consumers who need assistance to eat shall be given
assistance when the meal is served.
C.9.4 The Provider shall provide special or therapeutic diets for each resident, for whom a
special diet has been prescribed by the resident's attending physician, in compliance in
Title 22-B DCMR Section 3814.
C.9.5 The Provider shall obtain and maintain records for each resident in compliance with Title
22-B Sections 3821 through 3823, including but not limited to, insurance information,
medical history, psychiatric evaluation, up-to-date treatment plan, transition plan,
medication, diet and treatment needs.
C.9.6 The Provider shall ensure that each resident's medication is stored in the original
containers, separate and apart from other residents' medication, in a secure location. The
Provider shall supervise residents who are capable of taking their own medication in
doing so and shall maintain an accurate, day-to-day contemporaneous record of whether
the resident takes his or her medication as prescribed. If a resident refuses to take
medication as prescribed, the refusal shall be documented and reported to the resident's
physician or treatment team.
C.9.7 The Provider shall arrange for suitable activities for residents, make available, books,
games, newspapers, television, to stimulate and promote the well-being of residents.
C.9.8 The Provider shall implement and maintain a pest control program and keep the premises
free from insects and rodents and from debris that might provide harbor for insects and
rodents.
C.9.9 The Provider shall ensure that utility services - electricity, gas, water - are uninterrupted
and operating properly.
Page 10 of 49
C.10 Eligibility
C.10.1 Eligibility to provide services under this Agreement shall be determined and re-
determined by the District, as applicable, in accordance with prescribed procedures. The
Provider shall be subject to a written determination that it is qualified to provide the
services and shall c ontinue the same level of qualification, subject to a review by the
District, according to the criteria delineated in Title 27 DCMR Subsection 1905.6 and
Section 1900, subsection 1904.1 of Chapter 19 of Title 29 DCMR.
C.10.2 The Provider must submit evidence of and maintain status as a Provider in good standing
with generally accepted quality measures through the submission of at least one of the
following: CARF (The Commission on Accreditation of Rehabilitation Facilities)
Accreditation, CQL (The Council on Quality and Leadership), Accreditation; or
Statement of Good Standing or Certificate of Clean Hands from the District indicating
that the Provider has met all licensing and /or certification standards required by the
District and is not in a probationary status for any reason. Certification standards shall
include following all DBH policies and procedures, including Provider Certification
Review, which requires preliminary review within two (2) months of providing services,
initial annual review within six months and annual review thereafter, to ensure that
services are provided in accordance with the Medicaid waiver rules.
C.10.3 The Provider shall not be included on the U.S. Department of Health & Human Services
Office of the Inspector General's List of Excluded Individuals/Entities (LEIE), nor shall
the Provider be excluded from receiving District of Columbia or Federal contracts, certain
subcontracts and certain Federal financial and nonfinancial assistance and benefits,
pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR
9.404.
C.11 Compliance with Laws, Regulations and DBH Policies and Procedures
C.11.1 As a condition of the District's obligation to perform under this HCA, the Provider shall
comply with all applicable District, federal and other state and local governmental laws,
regulations, standards or ordinances and, where applicable, any other applicable licensing
and permit laws, regulations, standards or ordinances, as well as all relevant DBH policies
and procedures, as necessary for the lawful provision of the services required of the
Provider under the terms of this HCA. The Provider shall inform DBH immediately of
inability to maintain acceptable compliance with applicable laws, regulations, policies or
procedures.
*** END OF SECTION C ***
SECTION D
PACKAGING AND MARKING
Page 11 of 49
D.1 [RESERVED]
*** END OF SECTION D ***
Page 12 of 49
SECTION E
INSPECTION AND ACCEPTANCE
E.1 GENERAL PROVISIONS
The inspection and acceptance requirements for the Contract shall be governed by 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
(Section J.1)
E.2 CONSEQUENCES OF PROVIDER’S FAILURE TO PERFORM
REQUIRED SERVICES
In addition to the provisions outlined in Clause 8 of the Standard Contract Provisions for Use
with District of Columbia Government Supplies and Services Contracts, July 2010, Attachment
J.1 to this Agreement, if DBH determines that Provider has failed to comply with any applicable
federal or District law or regulation, including but not limited to the False Claims Act and the
D.C. Human Rights Act, The agency may request the Contracting Officer to take any or all of
the following actions with substantiating evidence of noncompliance with the terms and
conditions of the Human Care Agreement resulting from a RFQ process :
E.2.1.1 Suspend or withhold all or part of the Operator’s payments; and/or
E.2.1.2 Terminate the Agreement within ninety (90) days from date of DBH notice to the Provider.
E.2.2 DBH shall provide written notice of any action to the Provider, which
shall include Identification of the sanction to be applied.
1. The basis for DBH's determination that the sanction should be imposed.
2. The effective date of the sanction; and
3. The timeframe and procedure for operator to appeal DBH's determination, if applicable.
E.2.3 DBH may request the Contracting Officer to terminate this Agreement with at least ninety
(90) days written notice to Provider if Provider fails to comply with the terms of the
Agreement and/or any applicable law or regulation of the District or the United States
regarding mental health services and mental health supports.
E.2.4 DBH may request the Contracting Officer to terminate the Human Care Agreement immediately if:
a) The United States Department of Health and Human Services withdraws Federal Financial
Participation in whole or part for the cost of covered services; funds are unavailable for the
continuation of this Agreement; or
b) DBH substantiates a finding of health care fraud or pattern of false claiming in violation of the
False Claims Act
*** END OF SECTION E ***
Page 13 of 49
SECTION F
HUMAN CARE SERVICE ADMINISTRATION AND PERFORMANCE
F.1 Terms of Agreement
F.1.1 The term of this HCA shall be for a period of one (1) base year from the date of award specified on
the cover page of this HCA with four (4) one (1) year option periods, subject to the availability of
funds for any period beyond the end of the District’s fiscal year, which begins on October 1, in which
this HCA is awarded.
F.1.2 The District may terminate this HCA in accordance with sections 8 and 27 of the Government of the
District of Columbia Standard Contract Provisions for Use with District of Columbia Government
Supply and Services, dated July 2010, hereafter referred to as "Standard Contract Provisions" or
exercise sanctions in accordance with DBH policies, if the Provider fails to perform its obligations
under this HCA in accordance with this HCA and in a timely manner or otherwise violates any
provision of this HCA. See Section J.1 of the HCA and Standard Contract Provisions for Default
Termination.
F.2 Agreement Not a Commitment of Funds or Commitment to Purchase
This HCA is not a commitment by the District to purchase any quantity of a particular good or
service covered under this HCA from the Provider. The District shall be obligated only to the
extent that authorized purchases are actually made by funded purchas e orders or task orders
pursuant to this HCA.
F.3 Option to Extend Term of the Agreement
F.3.1 District Government may extend the term of this HCA for a period of four (4) one (1) year option
periods, or successive fractions thereof, by written notice to the Provider before the expiration of the
HCA; provided that the District will give the Provider preliminary written notice its intent to extend
at least thirty (30) days before the HCA expires. The preliminary notice does not commit the District
to an extension. The exercise of this option is subject to the availability of funds at the time of the
exercise of this option. The Provider may waive the thirty (30) day preliminary notice requirement
by providing a written waiver to the Contracting Officer prior to expiration of the HCA.
F.3.2 If the District exercises this option, the extended HCA shall be considered to include this option
provision.
F.3.3 Total duration of this HCA including the exercise of any options under this clause, shall not exceed
five (5) years.
F.3.4 The price for the option period shall be as specified in the Section B of the HCA.
F.4 Continuation of Services
Notwithstanding Section F.3.4 above, the District may extend the term of the HCA beyond the total
term specified in the HCA in accordance with 27 DCMR §2005.6(b).
F.5 Option Year Prices
Upon the District’s decision to exercise option years available, fixed price elements and the cost
reimbursement ceilings shall be unchanged, unless the District issues a modification, in writing, that
increases or lowers a fixed element or cost reimbursement ceiling.
F.6 Deliverables
The Provider shall perform the activities required to successfully complete the District’s requirements
and submit each deliverable to the Contract Administrator (CA) identified in Section G.10.1.6
F.6.1 The Provider shall provide a monthly report to the CA, no later than the tenth (10th) day after the
Page 14 of 49
end of each month for which the report is submitted. The monthly report shall include:
• Consumers served each month.
• If terminated from the program identifying the cause for termination, including:
o How many they stayed in the program
o Where they moved to
o Analysis of future stability, including:
Income, including employment and benefits
Housing status
Service needs and provision
Community adjustment
• Specific problems (provider or client) encountered, if any
• Tasks/activities planned for upcoming month
• Collaboration with other organizations serving the target population, if any
• Number of:
o Encounters with Police
o Times in ER – both medical and psychiatric
o Days in jails
o Days in psychiatric hospital (public or private)
o Days in inpatient substance abuse treatment
o Days homeless
• Progress on outcomes as identified by DBH
F.6.2 The Provider shall submit to CA a final report no later than the 30th day of the month after expiration
of this Contract, summarizing accomplishments, issues and recommendations.
F.6.3 The Provider shall provide DBH with any other report consistent with the requirements of the
Recovery House that DBH requires, in the format approved by DBH
F.6.4 The Provider shall perform the activities required to successfully complete the District’s requirements
and submit each deliverable to the Contract Administrator (CA) identified in Section G.10.1.6 in
accordance with the following:
F.6.5 The Provider 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 Provider does not submit the report as part of the deliverables, final payment to the
Provider shall not be paid pursuant to section G.3.2.
*** END OF SECTION F***
CLI
N Deliverable Quantity Format/Method
of Delivery Due Date
1
Monthly supporting documentation,
listing Consumer Name; DBH ID; Date
of Birth; Gender; Move-in Date;
Absence Days in reporting/billing
period; Reason(s) for Absence; and
Move-out Date.
1
Submission in
the District’s
Provider billing
system
No later than 10th of the
following month, for
the previous month’s
billing
2
The Provider shall prepare and submit
Major Unusual Incident reports in
compliance with Title 22-A, D.C.
Municipal Regulation, Section 3848 and
DBH policies.
1 E-mail
submission
In accordance with
DBH policy regarding
Incident Reporting.
Page 15 of 49
SECTION G
G.1 BILLING AND PAYMENTS
G.1.1 Claims Payment
G.1.1.1 DBH, through the Memorandum of Understanding Between Department of DHCF
and D BH, has been delegated the authority to reimburse providers of ASURS
services in accordance with federal and District laws and rules and the ASURS State
Plan Amendment (SPA), effective as of March 17, 2012.
G.1.1.2 Upon execution of a Medicaid Provider Agreement with DHCF, DBH is authorized
to accept, and process claims for services rendered by qualified Adult Substance
Use Rehabilitation Service (ASURS) providers. Any ASURS claim for
reimbursement on a fee-for-service basis shall be paid in accordance with the rates
outlined in Schedule B-Pricing Schedule in Section B or this Agreement, as follows:
(a) Federal Financial Participation: Claims for the federal share of expenditures
for ASURS services shall be adjudicated and reimbursed to the Provider in
accordance with the MOU and the referenced SPA and District and federal
law and rules.
(b) Local Match: The non-federal share of expenditures for ASURS services of
claims adjudicated (Local Match) shall be paid to the Provider for any
covered services as described in the Certification Standards and the SPA.
G.1.1.3 The non-federal share shall include any portion of the claim billed at the rate Provided
in 22DCMR Chapter 52 or Purchase Orders entered into by and between DBH and
the Provider which is not paid b Medicaid, equal to thirty percent (30%) of the total
ASURS claim, except if the claim is rejected for cause, including but not limited to
claims submitted by fraud, improperly documented claims, untimely claims or
for failure to comply with any requirements of 22 DCMR Chapter 63,22 DCMR
Chapter 64 or in violation of any other provision of District or federal law.
G.1.1.4 If a claim submitted for ASURS services provided to a Medicaid eligible Client is
rejected for any of the foregoing reasons or for any other relevant reason, the
Provider shall not be entitled to payment.
G.1.1.5 If a claim is submitted and any portion of the reimbursement amount has been paid
by the District but is subsequently rejected in accordance within G.1.1.4, above, any
future payment to the Provider by the District shall be offset by the full amount of
the claim.
G.1.1.6 If a claim has been reimbursed by the District and subsequently deemed ineligible for
payment as an ASURS service through any audit or other compliance or
performance metric, any future payment to the Provider by the District shall be
offset by the full amount of the claim.
Page 16 of 49
G.1.2 Medicaid-Ineligible Clients
G.1.2.1 Prior to billing for any services, the Provider is first obligated to exhaust all third-party
coverage except· for Medicaid, before a claim is submitted pursuant to the HCA for
payment. Submission of a claim for payment for any Client is a representation that the
Provider has exhausted all other avenues of payment except for Medicaid, including the
Client's ability to self-pay. The Provider is obligated to verify Medicaid eligibility and
enroll each Medicaid eligible Client in D.C. Medicaid at the time that the Provider
begins providing services to DBH Clients.
G.1.2.2 The District shall pay to the Provider one hundred percent (100%) of the amount set
forth in 22 DCMR Chapter 91, for any ASURS service provided to any Client who is
not Medicaid eligible at the time of service, subject to limitations set forth in this
Purchase Order. The District shall reimburse Provider fo1 properly completed claims
for ASURS services provided in accordance with the Client's Individual Treatment Plan
(ITP), which are submitted in compliance with the HCA's claims processing procedures.
G.1.3 Claims Submission Requirements
G.1.3.1 Al1 claims must be submitted electronically using DBH's consumer management
system (DATA system). Claims must conform to a format that is currently specified,
accepted and supported by DBH consistent with the Administrative Simplif ication
Provisions of the Health Insurance Portability and Accountability Act (HIPAA).
G.1.3.2 Except as otherwise permitted under applicable requirements, ASURS Medicaid shall
be reimbursed if submitted at a time which allows the Department to submit such claims
to DHCF within 365 days from the date service was rendered.
G.1.4 Reimbursement for services provided under this Human Care Agreement may be
suspended if Provide to submit or make available for inspection any information
required in Sections G.l through G.4 of this Agreement.
G.1.5 Payment from DBH for any covered ASURS constitutes payment in full. The Provider
may not bill the Client for any difference between DBH's payment and Provider's charge
for any covered ASURS. The Provider may not charge the Client any co-payment, cost-
sharing or similar charge. The Provider may 1 charge the Client any down payment
whatsoever.
G.1.6 The Provider may only bill the Client for services not covered by the Medicaid program,
including an) ASURS requiring prior authorization which has been denied by DBH, if
the Client is aware of the Client liability and still chooses to have the service(s) rendered.
In such instances, the Provider must advise Client in writing of the Client's liability prior
to rendering the service(s). Said writing shall be maintain the Client's record.
G.1.7 The Provider shall submit all Local claims to DBH within thirty (30) days of providing
ASURS or within thirty (30) days after another payer has adjudicated a claim for the
ASURS. Subject to applicable federal and District laws and regulations, any Medicaid
claim submitted after three hundred and sixty- five (365) days from the date ASURS
were provided shall be rejected by DBH as a non - reimbursable service. If a claim is
denied because the submission was unacceptable or untimely, the Client shall not be
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billed for the ASURS.
G.1.8 The Provider understands and agrees that payments for ASURS provided pursuant to
the Human Care Agreement are contingent upon the availability of public, non-federal
matching funds and Medicaid FF.
If the DBH, the DHCF, the District, the federal government or any other funding source
at any time disapproves of or ceases to continue funding to DBH for payments due
hereunder, the Human Care Agreement is terminated as of the date funding expires
without notice or further obligation of DBH, except that, as soon as DBH is notified that
funding shall cease, DBH shall immediately provide written notice to the Provider.
G.1.9 The Provider shall prepare and provide proper clinical documentation in accordance
with applicable District and Federal laws and regulations for all Client records to justify
ASURS for which a claim is submitted for reimbursement.
G.1.10 DBH shall not make reimbursement to the Provider in excess of the total amount
available on the Provider's Purchase Order, unless such reimbursement is required under
applicable law.
G.1.11 Third Party Liability Recovery
G.1.12.1 The Provider shall utilize and require its Subproviders to utilize, when available, covered
medical and hospital services or payments from other public or private sources,
including Medicare, prior to submitting a claim for ASURS to DBH.
G.1.12.2 The Provider shall insure that Medicaid coverage is maintained for all Medicaid- eligible
Clients for whom any claim for ASURS is submitted to DBH.
G.1.12.3 The Provider shall attempt to recover and shall require its Subproviders to attempt to
recover monies from third party liability cases involving workers' compensation,
accidental injury insurance and other subrogation of benefit settlements.
G.1.12.4 DBH shall notify the Provider of any reported third party payment sources.
G.1.12.5 The Provider shall verify third party payment sources directly, when appropriate.
G.1.12.6 Payment of District and Federal funds under the District State Medicaid Plan to the
Provider shall be conditioned upon the utilization of all benefits available from such
payment sources.
G.1.12.7 Each third-party collection by the Provider for a Medicaid recipient shall be reported to
DBH and all recovered monies shall be returned to DBH immediately upon recovery.
G.2 FIRST SOURCE AGREEMENT REOUEST FOR FINAL PAYMENT
G.2.1 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.
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G.2.2 No final payment shall be made to the Provider until the agency CFO has received
the Contracting Officer's final determination or approval of waiver of the Provider's
compliance with 51% District Residents New Hires Requirements and First Source
Employment Agreement requirements.
G.3 ORDERING AND PAYMENT
Payments should be based upon Section 8 (Price and Cost Schedules) and Section F
(Deliverables).
G.3.1 PAYMENTS ON PARTIAL DELIVERIES OFSERVICES
Unless otherwise specified in this contract, payment will be made on partial Deliveries
of services accepted by the District if:
a) The amount due on the deliveries warrants it; or
b) The Provider requests it and the amount due on the deliveries is at least $1,000 or
50 percent of the total contract price.
G.3.2 ORDERING CLAUSE
G.3.2.1 The Provider shall not provide services or treatment under this Agreement unless
the Provider is in actual receipt of a purchase order or task order for the period of
the service or treatment that is signed by a Contracting Officer.
G.3.2.2 All purchase orders or task orders issued in accordance with this Agreement shall
be subject to the terms and conditions of this Agreement. In the event of a conflict
between a purchase
order or a task order and this Agreement, the Agreement shall take precedence.
G.3.2.3 If mailed, a purchase order or task order shall be considered "issued" by the District
when deposited in the mail. Purchase orders may be transmitted electronically.
G.4 INVOICE SUBMITAL
G.4.1 The Provider shall create and submit payment requests in an electronic format
through the DC Vendor Portal, https://vendorportal.dc.gov
Please note that the invoice shall match the Contract Line Items (CLIN) of the
Purchase Order as written up to but not exceeding the maximum of each line.
Any invoices deemed improper for payment shall be rejected and must be
corrected and resubmitted as indicated in this clause
G.4.2 The Provider shall submit proper invoices on a monthly basis or as otherwise
specified in Section G.3.
G.4.3 To constitute a proper invoice, the Provider shall submit the following information
on the invoice/supporting documentation:
G.4.3.1 Purchase Order number and invoice number.
G.4.3.2 Description, price, quantity and the date(s) that the supplies or services were
delivered or performed;
G.4.3.3 Other supporting documentation or information, as required by the Contracting
Officer;
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G.4.3.4 Name, title, telephone number and complete mailing address of the responsible official
to whom payment is to be sent.
G.4.3.5 Name, title, phone number and e-mail of person preparing the invoice.
G.4.3.6 Name, title, phone number, e-mail and mailing address of person (if different
from the person identified in G.4.3.6 above) to be notified in the event of a defective
invoice; and authorized signature.
G.5 CERTIFICATION OF INVOICE
G.5.1.1 The contract administrator (CA) shall perform certification of each of the Provider’s
invoices.
G.6 ASSIGNMENT OF CONTRACT PAYMENTS
G.6.1.1 In accordance with 27 DCMR 3250, the Provider 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.6.1.2 Any assignment shall cover all unpaid amounts payable under this Contract and shall
not be made to more than one party.
G.6.1.3 Notwithstanding an assignment of Contract payments, the Provider, 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.7 THE QUICK PAYMENT ACT
G.7.1 Interest Penalties to Providers
G.7.1.1 The District will pay interest penalties on amounts due to the Provider under the Quick
Payment Act,
D.C. Official Code § 2-221.01 et seq., as amended, for the period beginning on the day
after the required payment date and ending on the date on which payment of the amount
is made. Interest shall be calculated at the rate of at least 1.5% per month. No interest
penalty shall be paid if payment for the completed delivery of the item of property or
service is made on or before the required payment date. The required payment date shall
be:
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G.7.1.1.1 The date on which payment is due under the terms of the contract;
G.7.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of delivery of
meat or meat food products;
G.7.1.1.3 Not later than 10 calendar days, excluding legal holidays, after the date of delivery of a
perishable agricultural commodity; or
G.7.1.1.4 30 calend ar days, excluding legal holidays, after receipt of a proper invoice for the
amount of the payment due.
G.7.1.2 No interest penalty shall be due to the Provider if payment for the completed
delivery of goods or services is made on or after:
G.7.1.2.1 3rd day after the required payment date for meat or a meat food product;
G.7.1.2.2 5th day after the required payment date for an agricultural commodity; or
G.7.2.3 15th day after any other required payment date.
G.7.2.4 Any amount of an interest penalty which remains unpaid at the end of any 30- day period
shall be added to the principal amount of the debt and thereafter interest penalties shall
accrue on the added amount.
G.8 Payments to Sub Providers
G.8.1 The Provider must take one of the following actions within seven (7) days of receipt of
any sub-provider or supplier beginning on the day after the payment is due and ending
on the date on which the payment is made. Interest shall be calculated at the rate of at
least 1.5% per month. No interest penalty shall be paid on the following if payment for
the completed delivery of the item of property or service is made on or before the:
G.8.1.1 Pay the sub provider(s) for the proportionate share of the total payment received from the
District that is attributable to the sub-Provider(s) for work performed under the contract;
or
G.8 1.1.2 Notify the CO and the sub provider(s), in writing, of the Provider's intention to withhold
all or part of the sub provider’s payment and state the reason for the nonpayment.
G.8.1.1.3 The Provider must pay any sub provider or supplier interest penalties on amounts due to
the sub provider or supplier beginning on the day after the payment is due and ending on
the date on which the payment is made. Interest shall be calculated at the rate of at least
1.5% per month. No interest penalty shall be paid on the following if payment for the
completed delivery of the item of property or service is made on or before the:
G.8.1.1.4 3rd day after the required payment date for meat or a meat product;
G.8.1.1.5 5th day after the required payment date for an agricultural commodity; or
G.8.1.1.6 I 5th day after any other required payment date.
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G.8.1.1.7 Any amount of an interest penalty which remains unpaid by the Provider at the end of
any 30-day period shall added to the principal amount of the debt to the sub-Provider and
thereafter interest penalties shall accrue on th, added amount.
G.8.1.1.8 A dispute between the Provider and sub-Provider relating to the amounts or entitlement
of a sub provider to payment or a late payment interest penalty under the Quick Payment
Act does not constitute a dispute to which· District is a party. The District may not be
interpleaded in any judicial or administrative proceeding involving s\ dispute.
G.8.2 Subcontract requirements. The Provider shall include in each subcontract under this
contract a provision requiring the sub-Provider to include in its contract with any lower-tier
sub provider or supplier the payment and interest clauses required under paragraphs (1) and
(2) of D.C. Official Code § 2-221.02(d).
G.9 CONTRACTING OFFICER (CO)
Contracts shall be entered into and signed on behalf of the DBH only by the Contracting
Officer. The contact information for the CO is as follows:
Habibatu Jalloh, CPPB
Deputy Chief Contracting Officer,
64 New York Avenue, NE, Second Floor
West Washington, DC 20002
Email: habibatu.jalloh@dc.gov
G.9.1 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER
G.9.1.1 The Contracting Officer (CO) is the only person authorized to approve changes in any of the
requirements of this Contract.
G.9.1.2 The Provider shall not comply with any order, directive or request that changes or modifies
the requirements of the Contract, unless issued in writing and signed by the CO.
G.9.1.3 In the event the Provider effects any change at the instruction or request of any person other
than the CO, the change shall be considered to have been made without authority and no
adjustment shall be made in the HCA price to cover any cost increase incurred as a result
thereof.
G.10 CONTRACT ADMINISTRATOR (CA)
G.10.1 The CA is responsible for general administration of the HCAand advising the Contracting
Officer as to the Provider ’s compliance or noncompliance with the HCA. The CA has the
responsibility of: ensuring the work conforms to the requirements of the HCAand such other
responsibilities and authorities as may be specified in the Contract. These include.
G.10.1.1 Keeping the CO 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.10.1.2 Coordinating site entry for Provider personnel, if applicable.
G.10.1.3 Reviewing invoices for completed work and recommending approval by the Contracting
Officer if the Provider ’s costs are consistent with the negotiated amounts and progress is
satisfactory and commensurate with the Rate of Expenditure.
G.10.1.4 Reviewing and approving invoice for deliverables to ensure receipt of goods and services.
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This includes the timely processing of invoices in accordance with the District’s payment
provisions; and
G.10.1.5 Maintaining a file that includes all HCAcorrespondence, modifications, records of
inspections (site, authorities as may be specified in the Contract. These include
G.10.1.6 The address and telephone number of the CA is:
Brandi Gladden, Director – Housing Development Division
64 New York Avenue NE 3rd Floor
Washington DC 20002
Phone (202) 671-2906
Email:brandi.gladden@dc.gov
G.10.1.7 The CA shall NOT have the authority to:
1) Award, agree to or sign any Contract, delivery order or task order. Only the
Contracting Officer (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 Provider or authorize work beyond the dollar
limit of the Contract.
4) Authorize the expenditure of funds by the Provider.
5) Change the Period of Performance; or
6) Authorize the use of District property, except as specified under the Contract.
G.10.1.8 G.10.1.8 The Provider shall be fully responsible for any changes not authorized in
advance, in writing, by the CO, may be denied compensation or other relief for any
additional work performed that is not so authorized; and may also be required, at no
additional cost to the District, to take all corrective action necessitated by reason of
the unauthorized changes.
G.11 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR
Funds are not presently available for the performance under this HCA beyond the current
Fiscal Year. DBH’s obligation for the performance of this HCA beyond the current Fiscal
Year is contingent upon the availability on appropriated funds from which payment for HCA
purposes can be made. No legal liability on the part of DBH for any payment may arise for
performance under this Contract beyond the current Fiscal Year, until funds are made
available to the CO for performance and until the Provider receives notice of availability of
funds, to be confirmed in writing by the Agency’s Chief Financial Officer (ACFO).
*** END OF SECTION G ***
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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 Provider 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 Provider 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 Provider ’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 Provider shall be bound by the Wage Determination No. 2015-4281, Revision No. 25,
dated 12/27/2022, issued by the U.S. Department of Labor in accordance with the Service
Contract Act, 41U.S.C. §351 et seq . and incorporated herein as Section J.2. The Provider
shall be bound by the wage rates for the term of the contract subject to revision as stated
herein and in accordance with Section 24 of the SCP. If an option is exercised, the Provider
shall be bound by the applicable wage rates at the time 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 Provider may be entitled to an equitable
adjustment.
H.3 PREGNANT WORKERS FAIRNESS
H.3.1 The Provider 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 Provider 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 Provider 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:
Page 24 of 49
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 Provider 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 this chapter 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 Provider 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.
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H.4 UNEMPLOYED ANTI-DISCRIMINATION
H.4.1 The Provider shall comply with the Unemployed Anti -Discrimination Act of 2012, D.C.
Official Code § 32-1361 et seq.
H.4.2 The Provider shall not:
a) Fail or refuse to consider for employment or fail or refuse to hire, an individual as an
employee because of the individual's status as unemployed; or
b) Publish, in print, on the Internet or in any other medium, an advertisement or announcement
for any vacancy in a job for employment that includes:
1) Any provision stating or indicating that an individual's status as unemployed
disqualifies the individual for the job; or
2) Any provision stating or indicating that an employment agency will not consider or
hire an individual for employment based on that individual's status as unemployed.
H.4.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties as
described in the Act.
H.5 51% DISTRICT RESIDENTS’ NEW HIRES REQUIREMENTS AND FIRST
SOURCE EMPLOYMENT AGREEMENT
H.5.1 For contracts for services in the amount of $300,000 or more, the Provider 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 Provider 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 Provider 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 Provider 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 Provider agrees that at least 51% of the new employees hired to perform the contract
shall be District residents.
H.5.5 The Provider’s hiring and reporting requirements under the First Source Act and any rules
promulgated thereunder shall continue for the term of the contract
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H.5.6 The CO may impose penalties, including monetary fines of 5% of the total amount of the
direct and indirect labor costs of the contract, for a willful breach of the Employment
Agreement, failure to submit the required hiring compliance reports or deliberate
submission of falsified data.
H.5.7 If the Provider 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 Provider fails to meet its hiring requirements.
H.5.8 Any Provider 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 Provider may appeal any decision of the CO pursuant to this clause to the D.C.
Contract Appeals Board as provided in clause 14, 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 DIVERSION, REASSIGNMENT AND REPLACEMENT OF KEY PERSONNEL
The key personnel specified in the contract are considered to be essential to the work
being performed hereunder. Prior to diverting any of the specified key personnel for any
reason, the Provider shall notify the CO at least thirty (30) calendar days in advance and
shall submit justification, including proposed substitutions, in sufficient detail to permit
evaluation of the impact upon the contract. The Provider shall obtain written approval of
the CO for any proposed substitution of key personnel.
H.7 RESERVED
H.6 RESERVED
H.7 RESERVED
H.8 FAIR CRIMINAL RECORD SCREENING
H.8.1 The Provider 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.
Prior to making a conditional offer of employment, the Provider shall not require an
applicant for employment or a person who has requested consideration for employment
by the Provider, to reveal or disclose an arrest or criminal accusation that is not then
pending or did not result in a criminal conviction.
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H.8.2 After making a conditional offer of employment, the Provider may require an applicant
to disclose or reveal a criminal conviction.
H.8.3 The Provider 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.8.4 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.8.5 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 Provider.
H.9 PROVIDER RESPONSIBILITIES
The Provider shall be responsible for providing qualified personnel to perform the required
services outlined in the Scope of Work (Section C).
H.9.1 The Provider shall notify the District immediately whenever the Provider does not have
adequate staff, financial resources or facilities to comply with the provision of services
under this Human Care Agreement.
H.10 PRIVACY AND CONFIDENTIALITY COMPLIANCE
Provider shall utilize the DATA Electronic Health Record (EHR) system for all
documentation and billing activity related to the services provided under this Human Care
Agreement.
H.10.1 The Provider acknowledges that the DATA EHR system is an integrated system with the
capacity to share protected health information between the Provider , the Department and
other network providers when authorized by the Health Insurance Portability and
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Accountability Act of 1996, as amended (“HIPAA”) and associated regulations
promulgated at 45 CFR Parts 160, 162 and 164 as amended and the D.C. Mental
Health Information Act (“MHIA”), D.C. Official Code § 7-1201.01 et seq or 42 CFR,
part 2. By agreeing to utilize the integrated DATA EHR system, the Provider agrees
to become a member of the Department’s behavioral health network as described in
the Department’s Joint Notice of Privacy Practices, Policy 1000.3 TL -195, found at
http://dbh.dc.gov/node/240592.
H.10.2 The parties acknowledge that both the Provider and the Department have joint legal
responsibilities to protect the data in DATA in accordance with the HIPAA Privacy and
Security Rule and the MHIA. As the license holder and administrator for the DATA EHR
system, the Department owns the patient data created and maintained in the system and has
primary responsibility to manage and safeguard the patient data in accordance with the
confidentiality laws referenced in H.12.2. This responsibility begins the moment patient
data is entered by any network provide r and remains as long as the information retains
legal protections under HIPAA and the MHIA. As a covered entity and authorized user of
the DATA EHR system, the Provider has an independent legal obligation to comply with
HIPAA and the MHIA in its use of DATA. Both parties hereby expressly agree to comply
with HIPAA and the MHIA in the use, management and administration of the DATA EHR
system.
H.10.3 Because of the parties’ mutual obligations to safeguard the patient data in DATA, The
Provider shall agree to the additional confidentiality provisions described below. All terms
used shall have the same meaning as those terms in the HIPAA regulations:
a. The parties agree not to use or disclose Protected Health Information or
electronic Protected Health Information (hereinafter “PHI” or Protected Health
Information”) other than as permitted or required by HIPAA and the MHIA.
b. The parties agree to use appropriate safeguards and comply with
administrative, physical and technical safeguards requirements in 42 CFR, part
2, 45 C.F.R. §§ 164.308, 164.310,164.312 and 164.316 as required by § 13401
of the Health Information Technology Economic and Clinical Health ACT
(February 18, 2010) (“HITECH”), to maintain the security of the Protected
Health Information, including electronic Protected Health Information (ePHI).
H.10.4 The parties further acknowledge that, pursuant to HITECH, it must comply with the
Security Rule and privacy provisions detailed in this Clause. As such, the parties are under
the jurisdiction of the United States Department of Health and Human Services and are
directly liable for their own compliance. A summary of HIPAA Security Rule standards,
found at Appendix A to Subpart C of 45 C.F.R. Part 164 is as follows
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Administrative Safeguards
Security Management Process 164.308(a)(1) Risk Analysis (R=Required)
Risk Management (R)
Sanction Policy (R)
Information System Activity Review
(R)
Assigned Security Responsibility 164.308(a)(2) (R)
Workforce Security 164.308(a)(3) Authorization and/or Supervision
(A=Addressable)
Workforce Clearance Procedure
Termination Procedures (A)
Information Access Management 164.308(a)(4) Isolating Health care Clearinghouse
Function (R)
Access Authorization (A)
Access Establishment and
Modification (A)
Security Awareness and Training 164.308(a)(5) Security Reminders (A)
Protection from Malicious
Software (A)
Log-in Monitoring (A)
Password Management (A)
Security Incident Procedures 164.308(a)(6) Response and Reporting (R)
Contingency Plan 164.308(a)(7 Data Backup Plan (R)
Disaster Recovery Plan (R)
Emergency Mode Operation
Plan (R)
Testing and Revision Procedure (A)
Applications and Data Criticality
Analysis (A)
Evaluation 164.308(a)(8) (R)
Business Associate Contracts and
Other Arrangement
164.308(b)(1) Written Contract or Other
Arrangement (R)
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Physical Safeguards
Technical Safeguards (see § 164.312)
a. Privacy Officer. The parties agree to each name a Privacy and/or Security Officer who is
accountable for developing, maintaining, implementing, overseeing the compliance of and
enforcing compliance with this section, the Security Rule and other applicable federal and state
privacy laws.
b. Breach Notification and Responsibilities. The Provider agrees to report to the Department and the
Department agrees to report to the Provider , in writing, any use or disclosure of the Protected
Health Information of a consumer assigned to the Provider not permitted or required by HIPAA
or the MHIA or other i ncident or condition arising out the Security Rule, including breaches of
unsecured protected health information as required at 45CFR 164.410, within two (2) days from
the time the respective party becomes aware of such unauthorized use or disclosure. This includes
any security incident of which the parties become aware, including any unauthorized attempts to
access electronic protected health information (ePHI), whether those attempts were successful or
not. Upon the determination of an actual data breach, the party who caused the breach shall be
responsible for the breach and handle any required breach
c. notifications to individuals, the HHS Office for Civil Rights (OCR) and the media, as applicable.
Facility Access Controls 164.310(a)(1) Contingency Operations (A)
Facility Security Plan (A)
Access Control and Validation
Procedures (A)
Maintenance Records (A)
Workstation Use 164.310(b) (R)
Workstation Security 164.310(c) (R)
Device and Media
Controls
164.310(d)(1) Disposal (R)
Media Re-use (R)
Accountability (A)
Data Backup and Storage (A)
Access Control 164.312(a)(1) Unique User Identification (R)
Emergency Access Procedure (R)
Automatic Logoff (A) Encryption
and Decryption (A)
Audit Controls 164.312(b) (R)
Integrity 164.312(c)(1) Mechanism to Authenticate
Electronic Protected Health
Information (A)
Person or Entity
Authentication
164.312(d) (R)
Transmission Security 164.312(e)(1) Integrity Controls (A)
Encryption (A)
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The parties agree to establish procedures for mitigating and to mitigate to the extent required by
law, any deleterious effects that are known to the parties of a use or disclosure of Protected Health
Information in violation of the requirements of this section. The parties hereby incorporate the
Department’s Privacy Manual, Policy 100.3, found at http://dbh.dc.gov/node/240592
d. The parties shall ensure that any workforce member or any agent, including a subprovider or
business associate, agrees to the same restrictions and conditions that apply through this section
with respect to Protected Health Information received from the other. The Department shall ensure
that all other network human care providers with access to protected health information in DATA
agree in writing to the same restrictions and conditions that apply throughout this section.
e. Upon written request, the Provider agrees to provide the Department a list of all subproviders who
meet the definition of a Business Associate. Upon written request, the Department agrees to
provide the Provider a list of all other human care providers and business associates with access to
DATA. Requests may include copies of contracts and business associate agreements.
f. Except as otherwise limited in this section, the Provider may use or disclose Protected Health
Information to perform functions, activities or services provided that such use or disclosure would
not violate HIPAA or the MHIA.
g. The parties agree to make available protected health information in a designated record set to the
other as necessary to satisfy a covered entity’s obligations under 45 C.F.R. § 164.524. The parties
agree to make any amendment(s) to protected health information in a designated record set as
directed or agreed to by the covered entity pursuant to 45 C.F.R. § 164.526 or take other
measures as necessary to satisfy a covered entity’s obligations under 45C.F.R. § 164.526.
h. The parties agree to maintain and make available the information required to provide an accounting
of disclosures to the other as necessary to satisfy covered entity’s obligations under 45 C.F.R. §
164.528.
i. To the extent the other party is to carry out one or more of a covered entity's obligation(s) under
Subpart E of 45 C.F.R. Part 164, each party shall comply with the requirements of Subpart E that
apply to the covered entity in the performance of such obligation(s).
j. The parties agree to make its internal practices, books and records available to the Secretary of the
U.S. Department of Health and Human Services or her delegates, for purposes of determining
compliance with the HIPAA Rules.
k. Modification. The parties agree to modify this agreement if necessary, to comply with any HIPAA
or MHIA legal requirement.
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l. Training. The parties agree to train their workforce members, agents and subprovider s on the
requirements of this section. In the event of privacy or security violations in the workplace, the
parties shall impose appropriate discipline in accordance with the parties’ workplace rules, federal
and state laws and any applicable collective bargaining agreements.
m. The parties shall reasonably cooperate with each other in the performance of the mutual obligations
under this section.
n. This section continues in for ce for as long as the Provider retains any access to ePHI in DATA/
DATA or otherwise possesses protected health information as a result of this human care
agreement.
o. Material Breach. In the event of a material breach of this section, the parties shall afford the
breaching party a reasonable opportunity to cure the breach. Both parties reserve the right to
terminate the human care agreement in the event of material breach of this section when a cure is
not possible.
p. Any ambiguity in this HIPAA Com pliance Clause shall be resolved to permit compliance with
applicable federal and District of Columbia laws, rules and regulations and the HIPAA Rules and
any requirements, rulings, interpretations, procedures or other actions related thereto that are
promulgated, issued or taken by or on behalf of the Secretary; provided that applicable federal and
District of Columbia laws, rules and regulations shall supersede the Privacy Rule if and to the
extent that they impose additional requirements, have requirements that are more stringent than or
provide greater protection of patient privacy or the security or safeguarding of Protected Health
Information than those of the HIPAA Rules.
q. No Third Party Rights. The Department and the Provider are the only parties to this HIPAA
Compliance Clause and are the only parties entitled to enforce its terms. Except for the rights of
Individuals to have access to and amend their Protected Health Information and to an accounting
of the uses and disclosures thereof, in accordance with Paragraphs (2) (h), (i) and (j), nothing in
the HIPAA Compliance Clause gives, is intended to give or shall be construed to give or provide
any benefit or right, whether directly, indirectly or otherwise, to third persons.
r. Hold Harmless. The Department agrees to hold harmless and defend the Provider from and against
any claims arising from the Department’s non- compliance with this section. The Provider agrees
to hold harmless and defend the Department from and against any claims arising from the
Provider’s non-compliance with this section.
s. Injunctive Relief. Notwithstanding any rights or remedies under this HIPAA Compliance Clause
or provided by law, the parties retain all rights to seek injunctive relief to prevent or stop the
unauthorized use or disclosure of Protected Health Information by the other party, its workforce,
any of its subproviders, agents or any third party who has
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t. received Protected Health Information from the offending party.
u. Assistance in litigation or administr ative proceedings. The parties agree to make their officers,
employees, agents or subprovider s available to the other party, including as witnesses, when
necessary to respond in any litigation or administrative proceeding or investigation arising fully
and appropriately from a violation of this section.
v. Headings. Headings are for convenience only and form no part of this HIPAA Compliance Clause
and shall not affect its interpretation.
w. Successors and Assigns. The provisions of this HIPAA Compliance Clause shall be binding upon
and shall inure to the benefit of the Parties hereto and their respective successors and permitted
assigns, if any.
x. Severance. In the event that any provision of this HIPAA Compliance Clause is held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this
HIPAA Compliance Clause will remain in full force and effect. In addition, in the event a Party
believes in good faith that any provision of this HIPAA Compliance Clause fails to comply with
HIPAA or the MHIA, such party shall notify the other Party in writing, in the manner set forth in
Section 10. Miscellaneous, Paragraph k. Notices. Within ten (10) business days from receipt of
notice, the Parties shall address in good faith such concern and amend the terms of this HIPAA
Compliance Clause, if necessary, to bring it into compliance. If, after thirty (30) days, the HIPAA
Compliance Clause fails to comply with HIPAA or the MHIA, then either Party has the right to
terminate this HIPAA Compliance Clause upon written notice to the other Party.
y. Independent Provider. The Provider will function as an independent Provider and shall not be
considered an agent of the Department for any purpose. Nothing in this HIPAA Compliance Clause
shall be interpreted as authorizing one party, its subprovider(s) or its agent(s) or employee(s) to
act as an agent for or on behalf of the other party.
H.10.5 Entire Agreement. This HIPAA Compliance Clause constitutes the entire agreement and
understanding between the Parties and supersedes all prior oral and written agreements and
understandings between them with respect to applicable HIPAA, MHIA and other District of
Columbia and federal laws, rules and regulations governing the privacy and security of
protected health information.
*** END OF SECTION H ***
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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 www.ocp.dc.gov, click on OCP Policies under the heading “Information”,
then click on “Standard Contract Provisions – Supplies and Services Contracts”.
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 Provider 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
“Products” - A deliverable under any contract that may include commodities, services and/or
technology furnished by or through Provider, 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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1. “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.
2. “Custom Products ” - Products, preliminary, final or otherwise, which are created or
developed by Provider, its subproviders, partners, employees, resellers or agents for the
District under the contract.
3. “District” – The District of Columbia and its agencies.
B. Title to Project Deliverables
The Provider 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: (1) remain with
Provider or third party proprietary owner, who retains all rights, title and interest (including
patent, trademark or copyrights). Effective upon payment, the District is granted an irrevocable,
non-exclusive, worldwide, paid-up license to use, execute, reproduce, display, perform, adapt
(unless Provider advises the District as part of Provider ’s proposal that adaptation will violate
existing agreements or statutes and Prov ider 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(s) of the project or
work plan or contract; and (2) be licensed 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, Provider 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.
Provider 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 Provider.
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 Provider 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 Provider’s business.
D. SubProvider Rights
Whenever any data, including computer software, are to be obtained from a subprovider
under the contract, the Provider shall use this clause, Rights in Data, in the subcontract,
without alteration and
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no other clause shall be used to enlarge or diminish the District’s or the Provider’s rights in
that sub provider data or computer software which is required for the District.
E. Source Code Escrow
1. For all computer software furnished to the District with the rights specified in section B.2, the
Provider shall furnish to the District, a copy of the source code with such rights of the scope
as specified in section
B.2 of this clause. For all computer software furnished to the District with the restricted rights
specified in section B.1 of this clause, the District, if the Provider 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 Provider 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 Provider or Product manufacturer/developer of software furnished to the District with
the rights specified in section B.1 of this clause offers the source code or source code escrow to
any other commercial customers, the Provider 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 Provider 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 Provider shall indemnify and save and hold harmless the District, its officers, agents and
employees acting within the scope of their official duties against any liability, including costs
and expenses, (i) for violation of proprietary rights, copyrights or rights of privacy, arising
out of the publication, translation, reproduction, delivery, performance, use or disposition of
any data furnished under this contract or (ii) based upon any data furnished under this contract
or based upon libelous or other unlawful matter contained in such data.
I.6 OTHER PROVIDERS
The Provider shall not commit or permit any act that will interfere with the performance of
work by another District Provider or by any District employee.
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I.7 SUBCONTRACTS
The Provider hereunder shall not subcontract any of the Provider ’s work or services to any
subprovider 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 Provider . Any such subcontract shall
specify that the Provider and the subprovider shall be subject to every provision of this
contract. Notwithstanding any such subcontract approved by the District, the Provider shall
remain liable to the District for all Provider's work and services required hereunder.
I.8 INSURANCE
A. GENERAL REQUIREMENTS. The Provider shall procure and maintain, during the entire
period of performance under this contract, the types of insurance specified below. The
Provider shall have its insurance broker or insurance company submit a Certificate of
Insurance to the CO giving evidence of the required coverage prior to commencing
performance under this contract. In no event shall any work be performed until the required
Certificates of Insurance signed by an authorized representative of the insurer(s) have been
provided to and accepted by, the CO. All insurance shall be written with financially
responsible companies authorized to do business in the District of Columbia or in the
jurisdiction where the work is to be performed and have an A.M. Best Company rating of A-
VIII or higher. The Provider shall require all of its subproviders to carry the same insurance
required herein. The Provider shall ensure that all policies provide that the CO shall be given
thirty (30) days prior written notice in the event the stated limit in the declarations page of the
policy is reduced via endorsement or the policy is canceled prior to the expiration date shown
on the certificate. The Provider shall provide the CO with ten (10) days prior written notice
in the event of non-payment of premium.
All required policies shall contain a waiver of subrogation provision in favor of the
Government of the District of Columbia.
The Government of the District of Columbia shall be included in all policies required
hereunder to be maintained by the Provider and its sub Providers (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 Provider or its sub Providers
(including without limitation the liability to pay premiums) shall be the sole obligation of the
Provider or its sub Providers and not the additional insured. The additional insured status
under the Provider’s and its sub–Providers’ Commercial General Liability insurance policies
shall be affected 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 Provider’s
and its sub Providers ’ 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 Provider
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or its subproviders or anyone for whom the Provider or its subprovider s may be liable. These
policies shall include a separation of insureds clause applicable to the additional insured.
If the Provider and/or its subprovider s 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 Grantee and subproviders.
1. Commercial General Liability Insurance (“CGL”) - The Provider shall provide evidence
satisfactory to the CO with respect to the services performed that it carries $1,000,000
per occurrence limits;
$2,000,000 aggregate; Bodily Injury and Property Damage including, but not limited to:
premises- operations; broad form property damage; Products and Completed Operations;
Personal and Advertising Injury; contractual liability and independent Provider s. Th e
policy coverage shall include the District of Columbia as an additional insured, shall be
primary and non-contributory with any other insurance maintained by the District of
Columbia and shall contain a waiver of subrogation. The Provider shall maintain
Completed Operations coverage for five (5) years following final acceptance of the work
performed under this contract.
2. Automobile Liability Insurance - The Provider shall provide automobile liability insurance
to cover all owned, hired or non- owned motor vehicles used in conjunction with the
performance of this contract. The policy shall provide a $1,000,000 per occurrence
combined single limit for bodily injury and property damage.
3. Workers’ Compensation Insurance. The Provider shall provide Workers’ Compensation
insurance in accordance with the statutory mandates of the District of Columbia or the
jurisdiction in which the contract is performed.
4. Employer’s Liability Insurance. The Provider shall provide employer’s liability insurance
as follows: $500,000 per accident for injury; $500,000 per employee for disease; and
$500,000 for policy disease limit.
All insurance required by this paragraph 3 shall include a waiver of subrogation
endorsement for the benefit of the Government of the District of Columbia.
5. Sexual/Physical Abuse & Molestation . The Provider shall provide evidence satisfactory
to the Contracting Officer with respect to the services performed that it carries $1,000,000
per occurrence limits; $2,000,000 aggregate of affirmative abuse and molestation liability
coverage. This insurance requirement will be considered met if the general liability
insurance includes an affirmative sexual abuse and molestation endorsement for the
required amounts. So called “silent” coverage under a commercial general liability or
professional liability policy will not be acceptable.
6. Commercial Umbrella or Excess Liability . The Provider shall provide evidence
satisfactory to the CO of commercial umbrella or excess liability insurance with minimum
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limits equal to the greater of
(i) the limits set forth in the Provider ’s umbrella or excess liability policy or (ii)
$5,000,000 per occurrence and $5,000,000 in the annual aggregate, following the form
and in excess of all liability policies. All liability coverages must be scheduled under the
umbrella and/or excess policy. The insurance required under this paragraph shall be
written in a form that annually reinstates all required limits. Coverage shall be primary to
any insurance, self -insurance or reinsurance maintained by the District and the “other
insurance” provision must be amended in accordance with this requirement and principles
of vertical exhaustion.
7. Cyber Liability Insurance. The Provider shall provide evidence satisfactory to the
Contracting Officer of Cyber Liability Insurance, with limits not less than $5,000,000
per occurrence or claim,
$5,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and
obligations as is undertaken by Provider in this agreement and shall include, but not limited
to, claims involving infringement of intellectual property, including but not limited to
infringement of copyright, trademark, trade dress, invasion of privacy violations,
information theft, damage to or destruction of electronic information, release of private
information, alteration of electronic information, extortion and network security. The
policy shall provide coverage for breach response costs as well as regulatory fines and
penalties as well as credit monitoring expenses with limits sufficient to respond to these
obligations. This insurance requirement will be considered met if the general liability
insurance includes an affirmative cyber endorsement for the required amounts and
coverages.
B. 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.
C. DURATION. The Provider shall carry all required insurance until all contract work is
accepted by the District of Columbia and shall carry listed coverages for ten years for
construction projects following final acceptance of the work performed under this contract and
two years for non-construction related contracts.
D. LIABILITY. These are the required minimum insurance requirements established by the
District of Columbia. HOWEVER, THE REQUIRED MINIMUM INSURANCE
REQUIREMENTS PROVIDED ABOVE WILL NOT IN ANY WAY LIMIT THE
PROVIDER’S LIABILITY UNDER THIS CONTRACT.
E. PROVIDER’S PROPERTY. Provider and subproviders are solely responsible for any loss or
damage to their personal property, including but not limited to tools and equipment,
scaffolding and temporary structures, rented machinery or owned and leased equipment. A
waiver of subrogation shall apply in favor of the District of Columbia.
F. MEASURE OF PAYMENT. The District shall not make any separate measure or payment
for the cost of insurance and bonds. The Provider shall include all of the costs of insurance and
bonds in the contract price.
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G. NOTIFICATION. The Provider shall ensure that all policies provide that the CO shall be given thirty
(30) days prior written notice in the event of coverage and / or limit changes or if the policy
is canceled prior to the expiration date shown on the certificate. The Provider shall provide
the CO with ten (10) days prior written notice in the event of non- payment of premium. The
Provider will also provide the CO with an updated Certificate of Insurance should its
insurance coverages renew during the contract.
H. CERTIFICATES OF INSURANCE. The Provider shall submit certificates of insurance
giving evidence of the required coverage as specified in this section prior to commencing
work. Certificates of insurance must reference the corresponding contract number. Evidence
of insurance shall be submitted to:
Habibatu Jalloh
Deputy Chief Contracting Officer
Office of Contracting and Procurement
64 New York Avenue, NE,
Second Floor Washington, DC 20002
Office: 202-671-4082 ;
Email: habibatu.jalloh@dc.gov
The CO may request and the Provider 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 Provider 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).
I. DISCLOSURE OF INFORMATION. The Provider agrees that the District may disclose the
name and contact information of its insurers to any third party which presents a claim against
the District for any damages or claims resulting from or arising out of work performed by the
Provider, its agents, employees, servants or sub Providers in the performance of this contract.
J. CARRIER RATINGS. All Provider’s and its sub Providers’ insurance required in connection
with this contract shall be written by insurance companies with an A.M. Best Insurance Guide
rating of at least A- VII (or the equivalent by any other rating agency) and licensed in the in
the District.
I.9 EQUAL EMPLOYMENT OPPORTUNITY
In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order
85-85 dated June 10, 1985, the forms for completion of the Equal Employment Opportunity
Information Report are incorporated herein as Section J.3. An award cannot be made to any
offeror who has not satisfied the equal employment requirements.
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I.10 ORDER OF PRECEDENCE
The contract awarded as a result of this RFQ 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) Definitized HCA
(3) Standard Contract Provisions
(4) Contract attachments other than the Standard Contract Provisions
(5) Contract document and modifications
(6) RFQ, as amended
(7) Proposal- Provider’s Response to RFQ
I.11 DISPUTES
Delete Article 14, Disputes, of the Standard Contract Provisions 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 Provider against the District: Claim, as used in paragraph (a) of
this clause, means a written assertion by the Provider 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
All claims by a Provider 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 Provider’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 Provider’s efforts to resolve the dispute prior to
filing the claim; and
(iii) The Provider’s request for relief or other action by the CO.
The CO may meet with the Provider in a further attempt to resolve the claim by
agreement.
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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 cla im
provided by the Provider.
The CO’s written decision shall do the following:
(iv) Provide a description of the claim or dispute;
(v) Refer to the pertinent contract terms;
(vi) State the factual areas of agreement and disagreement;
(vii) 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;
(viii) 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;
(ix) Indicate that the written document is the CO’s final decision; and
(x) Inform the Provider of the right to seek further redress by
appealing the decision to the Contract Appeals Board.
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 Provider 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 Provider, the Provider 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 Provider’s claim. Liability
under this paragraph (a)(6) shall be determined within six (6) years of the
commission of the misrepresentation of fact or fraud.
(7) Pending final decision of an appeal, action or final settlement, the Provider shall
proceed diligently with performance of the contract in accordance with the
decision of the CO.
(b) Claims by the District against the Provider: 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 Provider arising under or
relating to a contract.
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(2) The CO shall send written notice of the claim to the Provider. The
CO’s written decision shall do the following:
(xi) Provide a description of the claim or dispute;
(xii) Refer to the pertinent contract terms;
(xiii) State the factual areas of agreement and disagreement;
(xiv) 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;
(xv) 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;
(xvi) Indicate that the written document is the CO’s final decision; and
(xvii) Inform the Provider 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
Provider of its rights as provided herein.
(4) Before or after issuing the decision, the CO may meet with the Provider 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 Provider
timely commences an administrative appeal for review of the decision, by filing a
complaint with the Contract Appeals Board, as authorized by D.C. Official Code
§ 2-360.04.
(d) Pending final decision of an appeal, action or final settlement, the Provider
shall proceed diligently with performance of the contract in accordance
with the decision of the CO.
I.12 CHANGES
1. 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
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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 Provider and the Provider shall not require
a subprovider, to under take any work that is beyond the original scope of
the contract or subcontract, including work under a District-issued change
order, when the additional work increases the contract price beyond the
not-to-exceed price or negotiated maximum price of the contract, unless
the CO:
(1) Agrees with the Provider and if applicable the subprovider, 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 Provider to
pay for the additional work within thirty (30) days after the
Provider submits a proper invoice; and
(4) Provides the Provider with written notice of the funding certification.
(c) The Provider shall include in its subcontracts a clause that requires the Provider to:
(1) Within five (5) business days of its receipt of notice of the
approved additional funding, provide the subprovider with
notice of the amount to be paid to the subprovider for the
additional work to be performed by the subprovider;
(2) Pay the subprovider any undisputed amount to which the
subprovider is entitled for the additional work within ten (10)
days of receipt of payment from the District; and
(3) Notify the subprovider and CO in writing of the reason(s) the
Provider withholds any payment from a subprovider for the
additional work.
(d) Neither the District, Provider , nor any subprovider may declare another
party to be in default or assess, claim or pursue damages for delays until
the parties agree on a price for the additional work.
I.13 NON-DISCRIMINATION CLAUSE
Delete clause 19, Non-Discrimination Clause, of the Standard Contract Provisions dated July
2010 for use with District of Columbia Government Supplies and Services Contracts and
substitute the following clause 19, Non-Discrimination Clause, in its place:
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19. Non-Discrimination Clause:
(a) The Provider 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 Provider shall include a similar clause in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. In addition, the
Provider agrees and any subprovider 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.
(a) Pursuant to Mayor’s Order 85-85, (6/10/85), Mayor’s Order 2002-175
(10/23/02), Mayor’s Order2011- 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 Provider 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 Provider agrees to take affirmative action to ensure that
applicants are employed and that employees are treated during
employment, without regard to their actual or perceived: race,
color, religion, national origin, sex, age, marital status,
personal appearance, sexual orientation, gender identity or
expression, family responsibilities, genetic information,
disability, matriculation, political affiliation or credit
information. The affirmative action shall include, but not be
limited to the following:
(a) employment, upgrading or transfer;
(b) recruitment or recruitment advertising;
(c) demotion, layoff or termination;
(d) rates of pay or other forms of compensation; and
(e) selection for training and apprenticeship.
(3) The Provider agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be
provided by the contracting agency, setting forth the
provisions in paragraphs 19(b) (1) and (b) (2) concerning
non- discrimination and affirmative action.
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(4) The Provider shall, in all solicitations or advertisements for
employees placed by or on behalf of the Provider, 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 Provider 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 Provider ’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 Provider 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 subprovider agreement each subprovider to permit access of
such subproviders’ books, records and accounts for such
purposes.
(7) The Provider 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 Provider 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
subprovider.
(9) The Provider 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 Provider becomes involved in or
is threatened with, litigation with a subprovider or Provider as a
result of such direction by the contracting agency, the Provider
may request the District to enter into such litigation to protect
the interest of the District.
I.14 COST AND PRICING DATA
(a) 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. The Provider shall not
commit or permit any act that will interfere with the performance of work
by another District Provider or by any District employee.
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I.15 SCP NO. 12 SERVICE OF PROCESS, NOTICE OR DEMAND
Delete Article 12, Appointment of Attorney, of the Standard Contract Provisions
dated July 2010 for use with District of Columbia Government Supplies and Services
Contracts.:
(a) A Provider may be served with any process, notice, or demand required or permitted
by law by serving its registered agent.
(b) If a Provider ceases to have a registered agent, or if its registered agent cannot with
reasonable diligence be served, the Provider may be served by registered or certified mail,
return receipt requested, or by similar commercial delivery service, addressed to the
Provider at its principal office. Service shall be effective on the earliest of:
(1) The date that the Provider receives the mail or delivery by a similar
commercial delivery service;
(2) The date shown on the return receipt, if signed by the Provider or its representative; or
(3) Five days after its deposit with the United States Postal Service or similar
commercial delivery service, if correctly addressed and with sufficient postage.
(c) Service may be made by handing a copy of the process, notice, or demand to an officer of the
Provider, a managing or general agent of the Provider , or any other agent authorized by
designation or by law to receive service of process for the Provider.
(d) If a Provider fails to designate or maintain a registered agent in the District as required by law,
or if a Provider ’s registered agent in the District cannot with reasonable diligence be found,
and if the person seeking service submits a declaration under penalty of m aking false
statements showing that a registered agent for the Provider cannot be found, the Mayor shall
be the Provider’s agent upon whom any process against the Provider may be served and upon
whom any notice or demand required or permitted by law to be served upon the Provider may
be served. Service on the Mayor of the process, notice, or demand shall be made by delivering
or leaving with the Mayor, or his/her designee, duplicate copies of the process, notice, or
demand. If any process, notice, or demand is so served, the Mayor shall immediately cause
one of the copies to be forwarded by registered or certified mail to the Provider at its principal
office or at its last known address.
(e) Service of process, notice, or demand may be made by other means under law.
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I.16 SPECIAL PROVISION RELATED TO CITY ADMINISTRATOR’S ORDER 2022-3
Providers who provide goods or perform services in person in District of Columbia facilities or worksites (“On-
site Providers”) shall ensure that each of their employees, agents, subproviders, and supervised volunteers
comply with City Administrator’s Order 2022-3, Mask Requirements Inside Certain District Government
Buildings and Offices, dated April 14, 2022, and all substantially similar mask requirements including any
modifications to the Order, unless and until they are rescinded.
*** END OF SECTION I ***
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SECTION J
LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
The offeror must complete all forms and certifications required by Section J and incorporate into
its proposal these completed forms and certifications.
Attachment
Number Document
J.1
Government of the District of Columbia Standard Contract Provisions for Use
with the Supplies and Services Contracts (July 2010)
available at http://ocp.dc.gov, under Quick Links click on
“Required Solicitation Documents”
J.2
U.S. Department of Labor Wage Determination
2015-4281, Revision 24, dated 12/27/2022 available at
https://sam.gov/wage-determination/2015-4281/25
J.3
Way to Work Amendment Act of 2006 – 2022 Living Wage Notice
available at http://ocp.dc.gov, under Quick Links click on
“Required Solicitation Documents”
J.4
Way to Work Amendment Act of 2006 - 2022 Living Wage Fact Sheet
available at http://ocp.dc.gov, under Quick Links click on
“Required Solicitation Documents”
J.5
Department of Behavioral Health Privacy and Confidentiality Compliance
(Double click on link) https://dbh.dc.gov/node/816402 available at
http://dbh.dc.gov
J.6
Department of Behavioral Health Policies and Rules (Double click on link)
http://dbh.dc.gov/page/policies-rules
J.7
W-9 Form - available http://ocp.dc.gov, under Quick Links click on “Required
Solicitation Documents”
J.8
Tax Certification Affidavit available at http://ocp.dc.gov, under Quick
Links click on “Required Solicitation Documents”
***END OF SECTION J ***