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MURIEL BOWSER
MAYOR
July 1, 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 definitive Contract No. DCRL -2024-H2-0039 with Maximum Quest Residential Care
Facilities (MQR), in the not to exceed amount of $1,971,001.50. The period of performance is one
year from the date of the award.
Under the proposed definitized contract, MQR will provide congregate care services for youth
who are in foster care, separated from their families due to abuse or neglect, and for whom family-
based care is not appropriate.
My administration is available to discuss any questions you may have regarding the proposed
contract. To facilitate a response to any questions you may have, please have your staff contact
Ebony Terrell, Chief Contracting Officer, Child and Family Services Agency, at (202) 724-5300.
I look forward to the Council’s favorable consideration of this contract.
Sincerely,
Muriel Bowser
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GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement
Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Definitive Contract)
(A) Contract Number: DCRL-2024-H2-0039
Proposed Contractor: Maximum Quest Residential Care Facilities (MQR)
Proposed Contractor’s Principals: Gretchen Glass Lewis, CEO
Cedric Lewis, COO
Contract Amount (Base Period): Not-to-exceed $1,971,001.50
Unit and Method of Compensation: The contractor will be compensated based on the fixed unit
rates as set forth in Section B.2, Price Schedule.
Term of Contract: One year from the date of the award
Type of Contract: HCA under which task orders will be issued for District
requirements.
Source Selection Method: Request for Qualifications (RFQ)
(B) For a contract containing option periods, the contract amount for the base period and for each
option period. I f 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: Not-To-Exceed $1,971,001.50
Option Period 1 Amount: Not-To-Exceed $1,822,289
Explanation of difference from base period (if applicable): The prices for the option years will be
subject to an economic price adjustment in accordance with section H.19 of the Contract.
Option Period 2 Amount: Not-To-Exceed $1,848,981
Explanation of difference from base period (if applicable): The prices for the option years will be
subject to an economic price adjustment in accordance with section H.19 of the Contract.
Option Period 3 Amount: To Be Negotiated
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Explanation of difference from base period (if applicable): The prices for the option years will be
subject to an economic price adjustment in accordance with section H.19 of the Contract.
Option Period 4 Amount: To Be Negotiated
Explanation of difference from base period (if applicable): The prices for the option years will be
subject to an economic price adjustment in accordance with section H.19 of the Contract.
(C) The date on which the letter contract or emergency contract was executed:
The letter contract was executed on May 10, 2025.
(D) The number of times the letter contract or emergency contract has been extended:
There have been no extensions of the letter contract.
(E) The value of the goods and services provided to date under the letter contract or emergency
contract, including under each extension of the letter contract or emergency contract:
The letter contract was executed in the not-to-exceed amount $648,000.82.
(F) 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 District of Columbia, Child and Family Services Agency is seeking the proposed contractor,
Maximum Quest Residential Care Facilities (MQR) , to provide c ongregate care services to CFSA
clients. The contractor must submit their requisite experience, pursuant to sections 401 and 406 of the
Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official
Code §§ 2- 354.01 and 2 -354.06) and in accordance with the HCA Contractor Qualification Record
which are incorporated herein as Attachments.
(G) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:
Solicitation No. DCRL-2024-H-0039, was issued in the open market via the Office of Contracting
and Procurement’s (OCP’s) e-sourcing system on December 17, 2024. The initial closing date and
time for proposals was set for January 16, 2025, at 2:00 PM E.D.T. A pre-proposal conference was
held on January 16, 2024, with attendance of one participant.. No written questions were received.
On January 13, 2025, the Agency Chief Contracting Officer (ACCO) extended the closing date to
January 30, 2025, at 2:00 PM E.S.T by way of Amendment A001, which was posted to the e-sourcing
system. Amendment A002 dated January 22, 2025, was issued by the ACCO to provide all proposers
with the PowerPoint presentation and Listing of Participants from the Pre-Proposal Conference.
Amendment A003 dated January 27, 2025, was issued by the ACCO to delete and replace pages to
update Section J and the wage determination. Amendment No. 4 was issued on January 29, 2025, to
delete Section M.2.2 in its entirety. During evaluation of the proposers, Amendment A005 was issued
on March 27, 2025, to revise Section B.3 to insert additional option years into the solicitation (from 2
option years to 4 option years).
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The solicitation closed on January 30, 2025, with four (4) proposals received. The procedures set
forth in 27 DCMR §1540 and 1541, were followed to determine the proposer’s responsiveness to the
solicitation and were responsible for the work to be performed. Upon evaluation of all proposers, it
was determined that all four proposers were responsive to the solicitation.
After evaluation by the TEP, MQR’s proposal was deemed acceptable for award.
A letter contract was issued on May 10, 2025, to MQR, whose current contract with the District was
due to expire in May, and this contract action is to have the letter contract definitized.
(H) 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:
No protests were received.
(I) 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:
Maximum Quest is a non-profit, 501 (c) (3) organization that provides intervention, preventive, and
wrap-around services for economically disadvantaged youth through housing, mentorship, academic
support, preparation for college and vocational training, readiness training, life skills, and employment
opportunities with an emphasis on permanence and reconnection with family.
Maximum Quest has been providing Congregate Care Services to the District since 2013 and has
maintained a favorable performance record.
(J) 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:
MQR is not a Certified Business Enterprise (CBE) certified by the Department of Small and Local
Business Development (DSLBD). However, this solicitation is exempt from DSLBD regulations as
stated in the Waiver Exemption dated December 10, 2024.
(K) Performance standards and the expected outcome of the proposed contract:
The performance standards for the contract are set forth in the contract. The Contractor is expected to
provide Congregate Care services for youths who are in foster care, separated from their families due
to abuse or neglect, and who are determined to be not appropriate for family-based care. The Contractor
shall serve youth presenting an Axis I diagnosis, at -risk of sex trafficking or those with emotional
and/or behavioral conditions requiring a higher level of structure, supervision, behavior
management/modification, and clinical intervention. Behaviors may include, but not be limited to, poor
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impulse control, substance abuse, sexual deviance, behavior health concerns, abscondence, aggression,
and affective disorders such as “Post-Traumatic Stress Disorder” and depression.
In order to appropriately and effectively serve youths with behavioral health challenges, the Contractor
shall work with youth’s clinical teams and have space available in the facility for individual and group
therapy.
Congregate care programs shall be responsive to the individual needs of youth from the point of initial
placement through successful transition from the congregate setting. CFSA expects Provider programs
to address the placement needs of children and youth with minimal, if any, transfer across Provider
Agencies. In partnership with CFSA, the Provider shall facilitate preparing the youth for successful
step-down, or connection with a family member or significant individual the youth has established a
bond with, to progress toward permanency and/or successful independence and self-sufficiency.
The Contractor is expected to comply with all federal and District laws, regulations and standards
governing child welfare, including those established by the Agency and under the Adoptions and Safe
Families Act. The Contractor is also expected to comply w ith all Health Insurance Portability and
Accountability Act of l996 (HIPAA) requirements.
(L) 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:
The Letter Contract not-to-exceed amount is $648,000.82 for the period of performance from May 10,
2025, through September 07, 2025.
(M) 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 Agency Chief Fiscal Officer certified on May 21, 2025, that the agency has in its approved budget
for fiscal year 2025, sufficient funds to meet the obligations of the proposed contract.
(N) A certification that the contract is legally sufficient, including whether the proposed contractor
has any pending legal claims against the District:
The District of Columbia, Office of the Attorney General (OAG) has certified that the proposed contract
is legally sufficient. The contractor has no legal claims pending against the District.
(O) 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 contracto r has
worked out and is current with a payment schedule approved by the District; or (2) a certification
that the contract or 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 contractor is in compliance with the District’s taxes as evidenced by its Clean Hands Certification
dated May 20, 2025.
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(P) A certification from the proposed contractor that it is current with its federal taxes, or has
worked out and is current with a payment schedule approved by the federal government:
The contractor, MQR, has certified that it is current with its federal taxes in accordance with the signed
Bidder/Offeror Certification dated January 28, 2025.
(Q) 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 Developm ent
and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq.:
The contractor is not a certified SBE.
(R) Other aspects of the proposed contract that the Chief Procurement Officer considers significant:
None.
(S) 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:
MQR is not currently debarred from contracting with the District or Federal Government based on
searches on the OCP EPLS database, The Office of the Inspector General (U.S. Department of Health
and Human Services) and the System for Award Management (SAM) Search database, dated May 20,
2025.
(T) 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):
The following Determination and Finding, apply to the contract’s formation:
1. D&F for Price Reasonableness
2. D&F for Contractor Responsibility
3. D&F for Human Care Agreement
4. D&F for Cost Reimbursement
5. D&F for Letter Contract
(U) Where the contract, and any amendments or modifications, if executed, will be made available
online:
The executed contract will be posted on the Office of Contracting and Procurement’s (“OCP”) website
at: www.ocp.dc.gov
(V) Where the original solicitation, and any amendments or modifications, will be made available
online:
OCP website, www.ocp.dc.gov
E Sourcing, DOC749300
1101 4th Street, SW
Washington, DC 20024
Date of Notice: May 20, 2025 L0014189305Notice Number:
FEIN: **-***9079
Case ID: 18612407
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
MAXIMUM QUEST RESIDENTIAL CARE FACILITIES
12138 CENTRAL AVE STE 320
MITCHELLVILLE MD 20721-1910
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
Child and Family Services Agency
Headquarters: 200 I Street, SE Washington, D.C. 20003 202-442-6100
www.cfsa.dc.gov http://dc.mandatedreporter.org www.fosterdckids.org www.adoptdckids.org
Office of Finance
MEMORANDUM
TO: Tanya T. Trice
Interim Director
Child and Family Services Agency
FROM: Justin Kopca
Agency Fiscal Officer
Child and Family Services Agency
DATE:
SUBJECT: Certification of Funds Availability
Total Contract Value: $1,971,001.50
The Office of the Chief Financial Officer hereby certifies that the sum of $1,971,001.50 is included
in the District’s Congregate Care Plan for Fiscal Year 2025 to fund the costs associated
with CFSA’s contract with Maximum Quest Residential Care Facilities (MQR), for Congregate
Care Services. This certification supports MQ’s contract during the period May 10, 2025 through
May 9, 2026. The fund allocation is as follows:
Vendor: Maximum Quest Contract #: DCRL-2024-H2-0039
Fiscal Year 2025 Funding: 05/10/2025 through 9/30/2025
Agency Project Award Sub-
Task Account Fund Program Cost
Center Amount
RL0 202352 1000171 25.01 7141002 1010001 700254 70407 775,800.59
FY 2025 Contract Total $775,800.59
Funding for the period October 1, 2025 through May 9, 2026 totaling $1,195,200.91 will be
subject to the availability of funds in the District’s Local Budget and Financial Plan for Fiscal
Year 2026.
Upon approval of the District’s Local Budget and Financial Plan by the Council and the Mayor
and completion of the thirty-day Congressional layover, funds will be sufficient to pay for fees
and costs associated with the contract. There is no fiscal impact associated with the contract.
Should you have any questions, please contact me at 202-727-7676.
05 / 21 / 2025
Doc ID: 98e63b5ae0fbb0e8e2f852772b3cf4499e885e81
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: Tomás Talamante
Director
Office of Policy and Legislative Affairs
FROM: Robert Schildkraut
Section Chief
Government Contracts Section
DATE: June 18, 2025
SUBJECT: Approval of Human Care Agreement– Congregate Care Services
HCA Number: DCRL-2024-H2-0039
Vendor: Maximum Quest Residential Care Facilities, Inc.
Proposed Amount (Base Period): Not-to-exceed $1,971,001.50
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
Doc ID: 56cadd7d57977df091c5ef387d0bcc844fce3ac7
05 / 07 / 2025
Doc ID: 56cadd7d57977df091c5ef387d0bcc844fce3ac7
GOVERNMENT OF THE DISTRICT OF COLUMBIA Child and Family Services Agency (CFSA)
SOLICITATION, OFFER, AND AWARD 1. Caption Page of Pages
Congregate Care Services 1 85
2. Contract Number 5. Type of Solicitation 6. Type of Market
DCRL-2024-H2-0039 ☐ Sealed Bid (IFB) ☒ Open
3. Solicitation Number ☐ Sealed Proposals (RFP) ☐ Set Aside
DCRL-2024-H-0039/Doc749300 ☐ Sole Source ☐ Open with Sub-Contracting Set Aside
4. Date Issued ☒ Human Care Agreements NOTE: In sealed bid solicitations "offer" and “offeror"
means "bid" and "bidder". 12/17/2024 ☐ Emergency
7. Issued By: 8. Address Offer to: Delivery
Contracts and Procurement Administration
Child and Family Services Agency (CFSA)
200 I Street, S.E. Suite 2031
Washington, DC 20003
(202) 724-5300
Contracts and Procurement Administration
Child and Family Services Agency (CFSA)
200 I Street, S.E. Suite 2031
Washington, DC 20003
(202) 724-5300
See Section L.2 for further instructions.
Sealed offers will be received at the location in Item 8, or
if hand carried, to the bid counter at the same address.
A. SOLICITATION / CONTRACT FORM
9. Submission Deadline Date Due Time Due 2:00 PM EST
CAUTION: Late Submissions, Modifications and Withdrawals: See 27 DCMR chapters 15 & 16 as applicable. All offers are subject to all terms and conditions contained in this solicitation.
10. Agency
Contact A. Name B. Telephone Extensi
on C. E-mai l Address
CFSA Bliss Thomas, Contract Specialists 202-727-7571 bliss.thomas1@dc.gov
11. Table of Contents (X) Section Description Page No.
(X
)
Sectio
n Description Page
No. X G Contract Administration Data 41
X A Solicitation/Contract Form 1 H Special Contract Requirements 47
X B Supplies or Services and Price/Cost 2 I Contract Clauses 78
X C Specifications/Work Statement 9 J List of Attachments 85
X D Packaging and Marking 35 K Representations, certifications and other statements of
offerors
X E Inspection and Acceptance 36 L Instructions, conditions & notices to offerors
X F Deliveries or Performance 37 M Evaluation factors for award
OFFER
12. In compliance with the above, the undersigned agrees, if this offer is accepted within 120 calendar days from the date for receipt of offers specified
abov
e, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the tim e
specified herein.
13. Discount for Prompt Payment 10 Calendar
days ____% 20 Calendar days
___
_% 30 Calendar days ____% ____ Calendar days ____%
14. Acknowledgement of
Amendments
(The offeror acknowledges receipt of
amendments to the SOLICITATION):
Amendment Number Date Amendment Number Date Amendment Number Date
15.Offeror Contact Information Company Information Person Authorized to Sign Offer/Contract
If Offeror is a Joint Venture, add
signatures of additional general
partners or members as appropriate.
A. Company Name Maximum Quest Residential (MQR)
B. Title Gretchen Lewis, President
C. Address 12138 Central Avenue, Suite 320
City, State, Zip Mitchellville, MD 20721
☐ Check if remittance address is
different from address to the right
-
Refer to Section G.
D. Phone
16. Signature
17. Offer Date
AWARD (TO BE COMPLETED BY GOVERNMENT)
18. Accepted as to Items Numbered 19. Amount $1,971,001.50 20. Accounting and Appropriation - See Section G
21. Name of Contracting Officer (Type or Print) 23. Signature of Contracting Officer 23. Award Date
Ebony Terrell, Agency Chief Contracting Officer
June 17, 2025
240-463-3330
Contract DCRL-2024-H2-0039 Congregate Care Services Page 2 of 85
SECTION B: SUPPLIES OR SERVICES AND PRICE/COST
B.1 The Government of the District of Columbia, Office of Contracting and Procurement on
behalf of the Child and Family Services Agency (CFSA), is seeking a qualified contractor
through this Human Care Agreement (HCA) to provide congregate care services to CFSA
clients. The contractor must submit their requisite experience, pursuant to sections 401
and 406 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C.
Law 18-371; D.C. Official Code §§ 2-354.01 and 2-354.06) and in accordance with the
HCA Contractor Qualification Record which are incorporated herein as Attachment.
B.1.1 The District is not committed to purchase under this HCA any quantities of a particular
service covered under this Agreement. The District is obligated only to the extent that
authorized purchases are made pursuant to this HCA.
B.1.2 Services shall only be performed as authorized by Task Orders issued in accordance with
the Ordering Clause. The contractor shall furnish to the District, when and if Ordered, the
services specified in B.2. Price Schedule.
B.1.3 There is no limit to the number of Task Orders that may be issued. The District may issue
Task Orders requiring delivery to multiple destinations or performance at multiple locations,
as specified in such Task Orders as may be issued.
B.1.4 This HCA is based on fixed unit rates with cost-reimbursement component. The contractor
shall deliver services in accordance with Section C.
B.2 PRICE SCHEDULE
B.2.1 Task Orders (TOs) issued against the executed HCA shall be subject to the terms of the
HCA. The Provider shall ensure receipt of an executed Task Order, showing identified
funding, prior to accepting placement.
B.2.2 The Price Schedule in section B.2 is a compilation of total prices and ceiling amounts,
which is incorporated in this HCA.
B.2.3 The Price Schedule in Section B. 2, contains fixed unit prices and cost -reimbursement
elements, which may vary from client to client based on each client’s Negotiated prices,
agreed upon by the District and Provider, shall be incorporated in the terms and conditions
of the established HCA and shall continue under the terms of the HCA unless there is a
change to a specific IEP, ITP or other condition, approved by the District that warr ants a
change.
Contract DCRL-2024-H2-0039 Congregate Care Services Page 3 of 85
B.2.4 The number of clients served under an HCA may fluctuate over time, either upward or
downward. Moreover, the service needs for each client may also require an upward or
downward price adjustment during the term of the HCA as indicated in the IEP or ITP. A
new TO shall be issued or an existing TO modified to reflect the changes.
B.2.5 If price negotiations are required due to the changes in conditions related to an individual
client’s IEP or ITP, the District shall use rate guidelines for District Medicaid programs.
B.2.6 – BASE YEAR
Contract Line
Item No.
(CLIN)
Item Description Unit Price Unit
(days) Not-to-Exceed Amount
CLIN 0001a Administrative
Allowance $3,655.26 364 $1,330,514.64
Not to Exceed
CLIN 0001b Administrative
Allowance $3,654.26 1 $3,654.26
Not to Exceed
CLIN 0002 Cost Reimbursement N/A N/A $636,832.60
Not to Exceed
Total Not To Exceed Amount of this HCA $1,971,001.50
Contract DCRL-2024-H2-0039 Congregate Care Services Page 4 of 85
B.2.7 OPTION YEAR NO. 1
B.2.8 OPTION YEAR NO. 2
B.2.9 OPTION YEAR NO. 3 - PRICING TO BE NEGOTIATED
B.2.10 OPTION YEAR NO. 4 - PRICING TO BE NEGOTIATED
B.3 The term of the HCA shall be for a base period of one (1) year with four (4) one year
option periods, in accordance with Sections F.1 and F.2 of the contract. The prices for the
options years will be subject to an economic price adjustment in accordance with section
H.19
Contract Line
Item No.
(CLIN)
Item Description Unit Price Unit
(days) Not-to-Exceed Amount
CLIN 1001a Administrative
Allowance $ 506,265 365 $506,265
Not to Exceed
CLIN 1002b Administrative
Allowance $ 887,040 365 $887,040
Not to Exceed
CLIN 1002 Cost Reimbursement N/A N/A $428,984
Not to Exceed
Total Not To Exceed Amount of this HCA $1,822,289
Contract Line
Item No.
(CLIN)
Item Description Unit Price Unit (days) Not-to-Exceed Amount
CLIN 2001a Administrative
Allowance $518,321 365 $518,321
Not to Exceed
CLIN 2001b Administrative
Allowance $901,676 365 $901,676
Not to Exceed
CLIN 2002 Cost Reimbursement N/A N/A $428,984
Not to Exceed
Total Not To Exceed Amount of this HCA $1,848,981
Contract DCRL-2024-H2-0039 Congregate Care Services Page 5 of 85
B.4 COMPLIANCE WITH SERVICE RATES
B.4.1 The District will only pay, in accordance with the service rates shown in Section B.2, for
services provided under this contract. If any overpayment occurs, the Contractor shall
repay the District the full amount of the overpayment.
B.5 CATEGORIES OF COST AND TYPES OF COST
B.5.1 RESERVED
B.5.2 Administrative Allowance
The District will pay the Contractor a not to exceed amount as shown in CLIN 0001 of
Section B.2, Price Schedule. This not-to-exceed amount will be paid daily. The amount
shall include all the items identified in Attachment J.1 2, Approved Budget, as
Administrative Allowance. The contractor shall only bill for actively filled positions in
Schedule 1 and the associated fringe benefits from Schedule 2 of the approved Budget. The
Contractor shall only bill the actual amount of the expenses incurred for all cost included in
the Administrative Allowance. The Contractor shall not knowingly invoice for vacant
positions or other costs that it has not incurred. This rate is subject to quarterly reconciliation
and will be adjusted if required.
B.5.3 Cost Reimbursement
B.5.3.1 The contractor will be paid monthly on a cost reimbursable basis for the cost of negotiated
budgeted line items and/or services that are not included in either the Administrative
Allowance or the Room and Board Per Diem.
B.5.3.2 The District will reimburse the contractor for the costs of budget line items and or services
monthly in accordance with the actual costs incurred for those items identified in Attachment
J.12; Approved Contract Costing Budget Schedules; 1 through 11 for Congregate Care
Services in a not -to-exceed amount as specified in CLIN 000 2 of Section B.2, Price
Schedule.
B.5.3.3 The contractor shall not exceed the amount set for Cost Reimbursement element of the
contract ceiling specified in the price schedule, CLIN 000 2, for the Base Year and
subsequent Option Years subject to the availability of funding.
B.5.3.4 The Contractor will be reimbursed for costs that are supported and substantiated after they
have been expended and reported by the Contractor within the amounts set forth in Section
B.2 and identified in the approved Budget Package, Attachment J.12, as Cost
Reimbursement.
B.5.3.5 The contractor shall not mark-up the cost reimbursement allowable expenses on this contract
with indirect cost, overhead, general, and administrative cost. Profit may not be charged
against cost reimbursement expenses under this contract. Tangible items charged under the
cost reimbursement CLIN 000 2 (such as vehicles, computers, or equipment) will become
the property of the District of Columbia.
Contract DCRL-2024-H2-0039 Congregate Care Services Page 6 of 85
B.5.4 COST REIMBURSEMENT CEILING
B.5.4.1 CLINs 0002 and the subsequent CLINs for the option years, if exercised, of the HCA set
forth the ceiling amount for the cost element of the HCA (“ceiling’).
B.5.4.2 The amount for performing this cost element of the HCA shall not exceed the ceilings
specified in CLINs 0002 and the subsequent CLINs for the option years, if exercised.
B.5.4.3 The Contractor agrees to use its best efforts to perform the work specified in this HCA and
to meet all obligations under this HCA within the cost reimbursement ceiling.
B.5.4.4 The Contractor must notify the CO, in writing; whenever it has reason to believe that the
total cost for the performance of this HCA will be either greater or substantially less than
the cost reimbursement ceiling.
B.5.4.5 As part of the notification, the Contractor must provide the CO a revised estimate of the
total cost of performing this HCA.
B.5.4.6 The District is not obligated to reimburse the Contractor for costs incurred in excess of the
cost reimbursement ceiling specified in Section B.2, and the Contractor is not obligated to
continue performance under this HCA (including actions under the Termination clauses of
this HCA), or otherwise incur costs in excess of the cost reimbursement ceiling specified in
Section B.2, until the CO notifies the Contractor, in writing, that the estimated cost has
been increased and provides revised cost reimbursement ceiling for performing this HCA.
B.5.4.7 No notice, communication, or representation in any form from any person other than the CO
shall change the cost reimbursement ceiling. In the absence of the specified notice, the
District is not obligated to reimburse the Contractor for any costs in excess of the costs
reimbursement ceiling, whether such costs were incurred during the course of perf ormance
or as a result of termination.
B.5.4.8 If any cost reimbursement ceiling specified in Section B. 2 is increased, any costs the
Contractor incurs before the increase that are in excess of the previous cost reimbursement
ceiling shall be allowable to the same extent as if incurred afterward, unless the CO issues a
termination or other notice directing that the increase is solely to cover termination or other
specified expenses.
B.5.4.9 A change order shall not be considered an authorization to exceed the applicable cost
reimbursement ceiling specified in Section B.2 unless the change order specifically
increases the cost reimbursement ceiling.
B.5.4.10 Only costs determined in writing to be reimbursable in accordance with the cost principles
set forth in rules issued pursuant to Title V of the Procurement Practices Reform Act of 2010
shall be reimbursable.
B.6 RESERVED
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B.7 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01 et seq.
B.7.1 Nonprofit organizations, as defined in the Act, shall include in their rates the indirect costs
incurred in provision of goods or performance of services under this contract pursuant to the
nonprofit organization's unexpired Negotiated Indirect Cost Rate Agreement (NICRA). If a
nonprofit organization does not have an unexpired NICRA, the nonprofit organization may
elect to instead include in its rates its indirect costs:
1) As calculated using a de minimis rate of 10% of all direct costs under this contract; by
negotiating a new percentage indirect cost rate with the awarding agency;
2) As calculated with the same percentage indirect cost rate as the nonprofit organization
negotiated with any District agency within the past 2 years; however, a nonprofit
organization may request to renegotiate indirect costs rates in accordance with B.10.2; or
3) As calculated with a percentage rate and base amount, determined by a certified public
accountant, as defined in the Act, using the nonprofit organization's audited financial
statements from the immediately preceding fiscal year, pursuant to the OMB Uniform
Guidance and certified in writing by the certified public accountant.
B.7.2 If this contract is funded by a federal agency, indirect costs shall be consistent with the
requirements for pass-through entities in 2 C.F.R. § 200.331, or any successor regulations.
B.7.3 The Contractor shall pay its subcontractors, which are nonprofit organizations the same indirect
cost rates as the nonprofit organization subcontractors would have received as a prime
contractor
B.8 LETTER CONTRACT
B.8.1 This is the definitized contract, as contemplated by the awarded Letter contract on May 10, 2025.
The Letter Contract is merged herewith and is superseded by this Contract. The Definitized contract
shall be from date of award through May 9, 2026.
B.8.2 The District contemplates the award of a Human Care agreement with Cost Reimbursement
components in accordance with 27 DCMR Chapter 24, Section 2402 and 2405.2.
* * * END OF SECTION B * * *
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SECTION C: SPECIFICATIONS/STATEMENT OF WORK
C.1 SCOPE:
Target Population:
C.1.1 CFSA utilizes Congregate Care services for youths who are in foster care, separated from their families
due to abuse or neglect, and who are determined to be not appropriate for family-based care. The
Contractor shall serve youth presenting an Axis I diagnosis, at-risk of sex trafficking or those with
emotional and/or behavioral conditions requiring a higher level of structure, supervision, behavior
management/modification, and clinical intervention. Behaviors may include, but not be limited to, poor
impulse control, substance abuse, sexual deviance, behavior health concerns, abscondence, aggression,
and affective disorders such as “Post-Traumatic Stress Disorder” and depression.
C.1.2 In order to appropriately and effectively serve youths with behavioral health challenges, the Contractor
shall work with youth’s clinical teams and have space available in the facility for individual and group
therapy.
C.1.3 Congregate care programs shall be responsive to the individual needs of youth from the point of initial
placement through successful transition from the congregate setting. CFSA expects Provider programs
to address the placement needs of children and youth with minimal, if any, transfer across Provider
Agencies. In partnership with CFSA, the Provider shall facilitate preparing the youth for successful
step-down, or connection with a family member or significant individual the youth has established a
bond with, to progress toward permanency and/or successful independence and self-sufficiency.
C.2 APPLICABLE DOCUMENTS
The following documents are applicable to this procurement and are hereby incorporated by
this reference:
Item No. Document
Type Title Date
C.6.5, C.6.2.1,
C.6.8, C.6.10.4,
C.6.11.2, C.11.2,
C.12.5
29 DCMR,
Chapter 62
Licensing of Youth Shelters,
Runaway Shelters, Emergency Care
Facilities, and Youth Group Homes
8/13/86
C.6.5 29 DCMR §
8207
District of Columbia’s Drug-Free
Workplace certification
requirement
most current
version
C.6.6 Public Law 88-
352
Title VIII of the Civils Rights Act
of 1964
most current
version
D.C. Code § 4-
1501.01(c)(5)
Criminal Background Checks for
Government Services to Children
most current
version
42 USC
671(a)(20)(A)(
i),(ii)
State Plan for Foster Care and
Adoption Assistance
most current
version
Public
Law113-183
Preventing Sex Trafficking and
Strengthening Families Act 2014
Online policy
manual CFSA Policy Manual most current
version
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C.3 DEFINITIONS
C.3.1 Absent Child - A youth who is absent from his/her place of residence for less than 72 hours,
whose whereabouts are either known or unknown, but the child is in contact and at no
immediate risk of harm. In some cases, a child may be absent for short periods repeatedly and
regularly.
C.3.2 Abscondence - See Absent/Missing Child- See Sections C.3.2 and C.3.23
C.3.3 Agency – the Child and Family Services Agency, or CFSA.
C.3.4 Behavior Modification and Management Plan – A written document that targets the specific
behaviors that undermine a youth’s ability to pursue and meet developmental, emotional or
educational goals. The Behavior Management Plan also identifies interventions in the
placement setting that will encourage and support the youth in decreasing or eliminating the
inappropriate behaviors that are interfering with success.
C.3.5 Case Management – The process by which a case plan is developed, implemented, and
revised toward the achievement of the goals and objectives outlined for the child or youth and
family.
C.3.6 Case Plan – A written document developed by CFSA or private child placing agency social
worker for, and with, a youth and his or her family, that outlines the goals and objectives for
the youth and family. The document delineates the roles and responsibilities of all parties
involved in the execution of the case plan.
C.3.7 CFSA’s Four Pillars Benchmarks – CFSA’s “Four Pillars” – Front Door, Temporary Safe
Haven, Well-Being and Exit to Permanence – express the agency’s values about serving its
children, youth and families. The Agency has identified a series of benchmarks to demonstrate
progress and support practice in each of these areas.
C.3.8 CFSA Hotline – CFSA takes reports of child abuse and neglect 24 hours a day, seven days a
week at (202) 671-SAFE or (202) 671-7233 for children and youth who reside in the District
of Columbia.
C.3.9 Child and Family Services Review (CFSR) – CFSRs are periodic reviews of state child
welfare systems conducted by the Children’s Bureau, within the U.S. Department of Health
and Human Services, to ensure conformity with federal child welfare requirements, assess the
effectiveness of services and extent of positive outcomes, and to assist states in enhancing
their capacity to help children and families achieve positive outcomes.
C.3.10 Child and Family Wellbeing System – CFSA aspires to create a caring, diverse, community
comprised of residents, community-based organizations, and government agencies – each
with unique roles and strengths – working together in seamless coordination to ensure that all
individuals, children, and families thrive in DC.
C.3.11 Confidentiality – The safeguarding of information regarding youths and families in
accordance with the Health Information Portability and Accountability Act (HIPPAA) laws,
and all federal and District laws governing confidentiality.
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C.3.12 Congregate Care Services – Residential care provided in group settings.
C.3.13 Continuous Quality Improvement and Quality Assurance – A cyclical process of problem-
solving activities that requires the deliberate use of evidence. The cycle has stages during
which various analytic and decision-making tasks are executed: identify the problem;
hypothesize as to its cause; develop, implement and test a solution; and make decisions about
future investments based on the results of those tests.
C.3.14 Contracts Monitoring Division - A division within DC Child and Family Services Agency
(CFSA)’s Business Services Administration. CMD is responsible for carrying out the
monitoring activities and oversight of specific CFSA contracts. These activities include but
are not limited to ensuring staff meet all required job qualifications, clearances, and training
requirements, ensure all contract compliance activities are met, provide technical assistance,
perform qualitative case record review to audit the quality of work performed by the
contractor, and work closely with the Kinship and Placement Administration and Contracts
and Procurement teams to assess overall contractor performance.
C.3.15 Core Service Agency (CSA) – An agency certified by the Department of Behavioral Health
(DBH) to provide mental health services, consistent with Mental Health Rehabilitation
Services (MHRS) standards.
C.3.16 Discharge planning – The process of planning for a youth’s exit from their placement setting.
Such planning begins a minimum of thirty (30) days prior to discharge and includes a plan for
care and service supports needed by the youth’s family/placement post-discharge.
C.3.17 Dual Jacketed – Refers to a youth who is committed to both CFSA and the Department of
Youth Rehabilitation Services (DYRS).
C.3.18 Facilitate - To coordinate actions that ensure access to services and carry out the case
activities outlined in each youths and their case plan. The Congregate Care Contractor’s
“facilitation” ensures services are fully implemented for the youths.
C.3.19 Family-based Placement (or setting) – Any setting in which children and youth are living in a
licensed home with a family in accordance with 29 DCMR Chapter 60 regulations or those of
the respective service jurisdiction.
C.3.20 Family of Origin – The household(s) in which a child is/was raised, generally headed by birth
parents, relatives or significant caretakers (kin) and including birth as well as fictive siblings.
C.3.21 Family engagement – a family-centered and strengths-based approach to partnering with
families in making decisions, setting goals, and achieving desired outcomes. It involves
communicating openly and honestly with families to support cultural and family dynamics in
order to meet the individual needs of every family member.
C.3.22 Family Team Meeting (FTM) - A process in which CFSA, immediate family members,
extended family, friends, service Contractors and other professionals join together to develop
or work on a case plan that ensures youths are cared for and protected.
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C.3.23 Fictive Kin – Non-blood related individuals that perform activities and hold relationships
common to those of family members. These individuals are considered significant members of
the child and family’s life.
C.3.24 Individualized Education Plan (IEP) – A written plan developed for the youth that identifies
and outlines educational needs, corresponding services and responsible parties and is
incorporated into the case plan.
C.3.25 Mandated Reporter – An individual involved with children or youth in a professional role as
defined by DC Statute §4-1301.02, that is required to report abuse and neglect.
C.3.26 Mental and Behavioral Health Service provider – Maybe one of the following: CFSA
Office of Wellbeing therapist, a Department of Behavioral Health Cores Service
Agency (DBHCSA); a CFSA contractor, a Crime Victims mental health Contractor; or a
mental health Contractor through the Health Services for Children with Special Needs
(HSCSN) network.
C.3.27 Missing, abducted or absent – The child or youth is reported or believed to be missing,
abducted, at high risk and absent from their place of residence, or absent from placement
although their whereabouts are known as defined in the Missing, Abducted and Absent
Children policy.
https://cfsa.dc.gov/sites/default/files/dc/sites/cfsa/publication/attachments/Policy_Missing_Ab
ducted_Absent_Children_FINAL_2018.pdf.
C.3.28 Multi-disciplinary Team - A group of professionals representing various aspects of a youth’s
well-being interests (health, mental health, educational, life and social skills, and permanence)
that collaborates to meet the needs of the youth through assessment, service planning and
delivery. Placement providers, Parents, Foster Parents, Youth, mentors and relatives may also
participate in multi-disciplinary teams.
C.3.29 Performance-Based Contracting – A method of contracting for services that specifies outcome
measures or other performance measures that must be met by the Contractor to receive
incentives and links contract renewals to performance.
C.3.30 Permanent or “Lifelong” Connection – An enduring connection established between a youth
and at least one adult who is committed to participating in a safe, stable and supportive
relationship that provides lasting support and guidance to the youth as he or she transitions
from foster care to independence. The adult may or may not be a family member.
C.3.31 Quality Assurance Process – Use of qualitative and quantitative reviews to evaluate overall
performance, completeness and accuracy of program requirements and service delivery, in
order to ensure compliance with statute, regulations and practice guidelines. Quality
Assurance reviews are used to identify gaps in performance and services and develop
strategies for implementing and monitoring improvement. They include the examination and
monitoring of staff performance.
C.3.32 Step-down – Transitioning a youth from a more restrictive level of foster care to one that is
less restrictive. For example, transition of a youth from a Residential Placement to a
Contract DCRL-2024-H2-0039 Congregate Care Services Page 12 of 85
Congregate Care setting or to an independent living program. Or transition of a youth from a
congregate care setting to a family-based foster care setting.
C.3.33 Teaming - A collaborative approach to sound clinical decision-making that is coordinated and
primarily led by the social worker with the support of his/her supervisor. Depending on the
juncture at which a team comes together, it may include: the family, the youth and, all CFSA
staff who have engaged with the family, external service Contractors, the family’s informal
supports, and the youth’s current caregivers. Teams are used to ensure shared ownership of
information, plans and actions commitments. They are also used to openly navigate
disagreements and conflicts to build the consensus, collaboration and coordination needed to
move families to permanence.
C.3.34 Congregate Care – Structured interventions provided in a licensed congregate care setting
environment for youths aged 13 to 21.
C.3.35 Trauma Informed Child Welfare System – A system in which all parties involved recognize
and respond to the impact of traumatic stress on those who have contact with the system,
including children, caregivers, staff and service providers. Programs and agencies within such
a system infuse and sustain trauma awareness, knowledge, and skills into their organizational
cultures, practices, and policies. They act in collaboration with all those who are involved
with the child, using the best available science, to facilitate and support the recovery and
resiliency of the child and family. Trauma-informed child welfare practice is not a discrete
task but rather involves the day-to-day work of the system as a whole.
C.3.36 Treatment Plan – The Treatment Plan identifies and outlines the mental health treatment needs
for a child or youth. This Plan shall include the specific services needed by the child or youth
to meet their treatment goals that will lead to stabilization and a step down into a lower level
of care, including the scope, frequency and duration of the services needed.
C.3.37 Triggers – Stimuli, such as a smell, sound, sight, or person that results in feelings of stress or
dysregulated emotions.
C.3.38 Youth – An individual in age between the onset of puberty and early adulthood. Definitions
vary of the specific age range that constitutes youth, but for the purposes of this document, the
age range for a youth is age fifteen (15) to twenty-one (21).
C.3.39 Youth Benchmarks – CFSA’s outcomes and benchmarks for youths ages 14-23, in 10 areas:
Education, Employment, Financial Stability, Housing, Health, Relationships and Core
Connections, Personal Agency/Maturity, Life Skills, Parenting and Documents. Also known
as “Transition-to-Adulthood” benchmarks are a vehicle for achieving two critical goals: day-
to-day stability and the acquisition of broad adult competencies.
C.3.40 Youth Bill of Rights – Also known as the DC Bill of Rights for Children and Youth in Foster
Care or Foster Youth Bill of Rights, a document that seeks to ensure that foster care is a
supportive, caring and equitable experience for young people going through a difficult time.
C.3.41 Youth Transition Plan (YTP) – The written, comprehensive plan that focuses on independent
living skills consistent with those specified in CFSA’s Office of Youth Empowerment (OYE)
Youth Benchmarks document, and goals, objectives, strategies, services and resources to
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address the assessed strengths and need areas of a CFSA child or youth. The YTP shall be
incorporated into the congregate Individual Services Plan.
C.4 BACKGROUND AND SUMMARY
C.4.1 The District of Columbia Office of Child and Family Services Agency (CFSA) is charged with
accepting referrals and investigating allegations of abuse and neglect and, if a child or youth
must be removed from the home to ensure safety, the Agency provides a foster care placement
that can effectively support them in achieving the goals of safety, permanence, and well-being.
C.4.2 All youths deserve a permanent home and the nurturance and support of a loving family. In
support of this objective, CFSA prioritizes family-based foster homes for youths of all ages.
However, CFSA recognizes that some youth are unable to tolerate the intimate setting of a
foster home due to a history of trauma, grief and loss that manifests in disruptive behavior
and/or dis-regulated emotions. For such youth, a congregate care setting may be indicated: to
stabilize and regulate behavior and emotions so that youth are able to achieve their
developmental, educational, social, and emotional goals.
C.4.3 Contractors of congregate care services shall provide children and youth with high quality
services that promote a safe and stable foster care placement, encourage positive youth
development, and support in achieving permanence. As such, CFSA expects that the
congregate care programs will support the Agency in meeting the benchmarks set forth for the
Agency.
C.5 METHODOLOGY
C.5.1 Approach/Model
C.5.1.1 The Contractor shall provide trauma-informed care in an environment that promotes emotional
regulation, conflict resolution and positive youth development.
C.5.1.2 The Contractor shall be responsive to the individual needs of the youth from the point of initial
placement through achievement of his/her goals. The Contractor shall support placement
stability through a “no eject/no reject” policy. There shall be no unplanned discharges.
C.5.1.3 The Contractor shall serve youth with a DSM-V diagnosis, and/or with behaviors that include,
but are not be limited to, poor impulse control, substance abuse, sexual deviance, mental illness,
abscondence, aggression, and affective disorders such as “Post-Traumatic Stress Disorder” and
depression. The Contractor shall provide a detailed plan for coordinating community services
and providing physical space needed on-site individual and/or group counseling by licensed
clinicians.
C.5.1.4 The Contractor shall provide high-quality residential care setting that facilitates supportive
services to youth who have been found to be, or are at risk of becoming, sex trafficking victims;
C.5.1.5 The Contractor program model shall seek to prevent runaway behaviors and ensure coordination
with the social work team when youth are missing and absent from placement.
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C.1.5.6 The Contractor shall have a structured program model that promotes incremental positive
behavioral change and life skills development over a 12-month program period. Reviews shall
also be used to decide the specific service needs that will be met for the youth in the
placement, and the length of time the youth is expected to need the treatment or services.
C.5.1.7 The Contractor shall use teaming as a fundamental approach to serving youth and participate
in the youth’s treatment team meetings as convened by CFSA. The Contractor shall coordinate
with CFSA -led team to undertake 9-month reviews to determine that congregate care remains
the least restrictive setting to meet the short and long-term goals for the youth as specified in
the case plan. The reviews shall also be used to decide the specific service needs that will be
met for the youth in the placement, and the length of time the youth is expected to need the
services.
C.5.1.8 The Contractor shall provide culturally competent services by staff who understand the
youth’s culture; reinforce positive cultural practices; and acknowledge and build upon ethnic,
socio-cultural and linguistic strengths.
C.5.1.9 The Contractor shall endeavor to employ staff representative of the youths served.
Commitment to Cultural Competence. The Contractor shall provide culturally competent
services by staff who: understand the youth’s culture; reinforce positive cultural practices; and
acknowledge and build upon ethnic, socio-cultural and linguistic strengths. The Contractor
shall endeavor to employ staff representative of the community serviced.
C.5.1.10 The Contractor shall establish and maintain a residents’ council at each facility. The residents’
council shall meet bi-weekly. The Contractor shall provide space for, and post notice of
residents’ council meetings. The residents’ council may make recommendations to the facility
to ensure and improve the quality of the facility and its staff to ensure the protection of
residents’ rights. The facility shall keep records of each meeting held by the residents’ council,
including documentation of issues and concerns that were raised at the meetings and any
recommendations or resolution.
C.5.1.11 The Contractor shall display in the facility the contact information for the Human Trafficking
Hotline and National Center for Missing and Exploited Children phone number and
community resources, in addition to the District of Columbia Office of the Ombudsperson for
Children.
C.5.1.12 The congregate care facility shall meet the licensing guidelines for a group home under 29
DCMR Chapter 62 or local regulated requirements. The Contractor shall comply with any
legislation applicable to foster youth pursuant to Section C.2, Applicable Documents.
C.5.1.13 The prospective Contractor shall describe how its model/approach is trauma-informed and
meets the requirements outlined in this section.
C.5.2 Admission, Intake and Discharge
C.5.2.1 The Contractor shall maintain the total number of beds specified by the contract.
C.5.2.2 If the Contractor accepts non-CFSA youth into placement, the following shall be ensured:
• An adequate approach to confidentiality issues;
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• The provisions of D. C. Code § 16-2313 are adhered to regarding “commingling of
juveniles”
C.5.2.3 The Contractor shall be equipped to admit youths into its program on a 24-hour-a day, 7 day-a-
week basis, for each day of the year, including holidays. An on-call staffing system shall
ensure immediate response to CFSA (within 2 hours) when a call is made for placement.
C.5.2.4 The Contractor shall have a “no reject policy” and accept all youths that meet the program
specifications up to the maximum number of beds purchased pursuant to the resultant contract.
C.5.2.5 A previous unsuccessful placement of the same youth with the Contractor shall not be
sufficient grounds alone for a Contractor to maintain that the placement is inappropriate. In
consultation with the Placement Supervisor, the Contractor can consult with a Placement
Resource Development Specialist (RDS) to assist with youth placement issues/challenges.
C.5.2.6 Any continuing pattern of unfounded placement challenges by a Contractor shall be sufficient
cause to review the Contractor's performance for possible contract termination. Likewise, if a
Contractor determines that a pattern of inappropriate placements is being made, it may call for
the Administrator for Placement to review its policies.
C.5.2.7 CFSA’s Kinship and Placement Administration has sole authority for making placement
referrals. Referrals of CFSA-involved youth made from private agencies shall not be accepted
without authorization of the CFSA Kinship and Placement Administration.
C.5.2.8 Following a call requesting placement, the Contractor shall participate in any pre-admissions
meeting with the youth’s primary Social Worker, to review the youth’s individual profile,
treatment/service needs, and permanency goals. The Contractor shall also participate in all
initial staffing’s and assessments as required by CFSA.
C.5.2.9 In collaboration with the CFSA social worker the Contractor shall ensure that each youth
receives a copy of the Youth Bill of Rights upon admission. Additionally, youth must be
provided with contact information for the Human Trafficking Hotline, the District of Columbia
Office of the Ombudsman for Children, the National Center for Missing and Exploited
Children, and relevant community resources. The Contractor must retain signed verification
that the youth received this information.
C.5.2.10 The Contractor shall only discharge youth from a program as part of a planned change, as
established according to the CFSA case plan as identified as one or more of the following
circumstances. A formal conference must take place in coordination with the Social Worker
and the CFSA Kinship and Placement Administration:
• The youth has progressed in functioning and/or development, and is ready for a less
restrictive level of care;
• The youth is in need of a more intensive, therapeutic program (as identified by the
CFSA Social Worker);
• The youth is to be reunified with family or relatives;
• The youth is to be placed in a family-based foster care setting;
• The youth is to be adopted or guardianship is granted;
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• The youth has adequately met his/her independent living goals and is ready to leave
foster care.
C.5.2.11 For any youth exiting the program, the Contractor must actively participate in discharge
planning with CFSA staff, initiating this process at least thirty (30) days before the anticipated
discharge date. This planning shall encompass a comprehensive care and service support plan
tailored to meet the post-discharge needs of the youth, as well as those of their family or next
placement provider. In cases of unplanned discharges, the Contractor is also required to
promptly develop a discharge plan that addresses the specific circumstances and support
requirements. All discharge plans must be consistent with the standards outlined in 29 DCMR
Chapter 62.
C.5.2.12 If the Contractor is requesting a placement shift to a more intensive therapeutic program, the
child or youth must meet the established criteria for therapeutic placement that includes,
among other criteria, one or more DSM-V diagnoses, at least one of which is an Axis I
diagnosis. The Contractor shall also produce documentation to CFSA of all progress notes,
behavior management techniques employed by the program, crisis intervention and support
services applied, and any relevant documents from mental health professionals. The Social
Worker and the CFSA Kinship and Placement Administration will make the determination as
to the need for intensive therapeutic care.
C.5.2.13 No youth shall be discharged without a minimum of a 30-day notice. If CFSA determines that
re-placement is the most appropriate plan, the Contractor shall retain the child or youth in the
current placement with support needed to stabilize youth until a safe, timely transition can be
realized.
C.5.2.14 The prospective Contractor shall describe the process for admission, intake and discharging
youth in its response.
C.5.3 Case Planning
C.5.3.1 CFSA shall maintain primary case management responsibility via an assigned Social Worker.
The Contractor shall support the Social Worker in the case planning process, working together
to achieve safety, permanence and well-being objectives for the youth. Case plans shall be
reviewed within CFSA’s established time frames to assess progress and identify barriers to
meeting the plan’s goals and objectives and are revised as needed to support goal achievement.
C.5.3.2 In accordance with the youth’s case plan, the Contractor shall coordinate with CFSA Social
Worker to facilitate integration and participation of the youth, as well as family members, in the
youth’s case planning and treatment program. This includes, but is not limited to, providing a
program component to teach and model the behavior modification intervention skills needed to
help maintain the youth in the community.
C.5.3.3 The Contractor shall support the case plan objectives by providing support to complete family
and sibling visits, to include, but not limited to assistance with scheduling visits, arranging
transportation for children and youth, and providing a space for on-site visits at the congregate
facility.
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C.5.3.4 The Contractor shall review progress on the case plan with the primary Social Worker on a
monthly basis to assure services are being delivered in accordance with the youth’s goals and
objectives.
C.5.3.5 The Contractor shall participate in all CFSA conferences, case reviews and meetings, as well as
in court hearings, pertaining to case planning, treatments, placement setting, and permanency.
C.5.3.6 The Contractor shall participate in all Quality Service Reviews (QSR’s), Youth Transitional
Plans meetings, and other related reviews.
C.5.3.7 The Contractor shall participate in court hearings in-person or remotely when necessary.
C.5.3.8 The Contractor’s staff shall be actively involved in the case planning process.
C.5.4 Service Planning
C.5.4.1 The Contractor shall develop an Individual Service Plan (ISP) in accordance with 29 DCMR,
Chapter 62, Section 6259 to include assessment and review timeframes.
a. Initial ISP developed with three calendar days of admission
b. Comprehensive ISP within 15 calendar days of admission
C.5.4.2 The Individual Service Plan (ISP) shall include the following components:
a. Behavior Management Plan (BMP)
b. Individualized Treatment Plan (ITP)
c. Individualized Education Plan (IEP)
d. Individualized Health Plan (IHP)
e. Youth Transition Plan (YTP)
C.5.4.3 The Contractor shall ensure that youth and any significant family members and/or other
significant individuals are actively involved in the development and implementation of the
congregate ISP.
C.5.4.4 The Contractor shall review progress on the ISP with the Primary Social Worker monthly to
assure services are being delivered in accordance with the youth’s goals and objectives.
C.5.4.5 The Contractor shall work with the youth to meet his/her ISP objectives by providing a
structured environment that meets the needs of the plan and ensure progress on those goals.
C.5.4.6 The Contractor shall assist the youth with meeting their goals through direct provision of needed
services on site or facilitating acquisition of those services from other agencies.
C.5.4.7 The Social Worker will collaborate with the contractor to convene a multi-disciplinary team for
regularly scheduled ISP reviews for youth in its care.
C.5.4.8 The multi-disciplinary team shall include the Social Worker, the Contractor’s most relevant staff
(either managing service planning or with direct knowledge of the youth’s service plan), any
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pertinent professionals in the assessment and/or service delivery array, the youth, and any
appropriate family members.
C.5.4.9 The Contractor shall provide CFSA with documentation on all service-related developments for
each youth placed in its care. Progress notes shall be submitted monthly to the primary social
worker and made available to the contract administrator, upon request.
C.5.4.10 The Contractor shall describe how its program will meet the requirements of service planning,
including engagement of family to support youth’s emotional, behavioral, and development
needs.
C.6 SERVICE ARRAY
C.6.1 In accordance with 29 DCMR Chapter 62, the Contractor shall deliver an array of services to
meet the needs of the youth in the program. The services shall be appropriate to the age, gender,
sexual orientation, cultural heritage, and developmental and functional level of the youth. The
services shall include those specified in the case plan and/or behavior modification plan for each
youth and be aligned with the results of any assessments completed.
C.6.2 The array of services shall include (but is not limited to):
• Daily structured programming
• Behavior modification management system
• Individual Treatment Plan
• Health care services
• Education and vocational services
• Recreation
• Family visitation and building permanency connections
• Life skills training and development
• Community-based resources
• Transportation
• Financial management
C.6.1 Daily Structured Programming
C.6.1.1 The Contractor shall establish and ensure an intensive, structured routine and schedule of events
and activities that promotes healthy development and improves social and behavioral
functioning. The schedule of events and activities shall align with the youth’s developmental
needs and therapeutic interventions to improve social and behavioral functioning. Youth should
have minimal, if any, periods of unstructured time in their daily routine.
C.6.1.2 As part of the daily structured programming the Contractor shall include recreational activities,
opportunities for youths to build community connections, access to non-traditional interventions
and supports that have demonstrated efficacy with traumatized populations, such as mindfulness
techniques like yoga, meditation or journaling.
C.6.1.3 The Contractor shall provide daily structured programming in accordance with their proposal.
The Contractor shall submit, as part of its proposal, a sample routine and schedule (daily,
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weekly, monthly, and annual) for structured programming to include (but not be limited to)
enrichment activities, skills development training, psycho-educational group, parent education,
home management exercises, recreational services, and educational supports.
C.6.2 Behavior Modification and Management System
C.6.2.1 The Contractor shall develop and implement a Behavior Modification and Management System
that is comprehensive, trauma-informed and reflects the principles of positive youth
development.
C.6.2.2 The Contractor shall develop and implement a comprehensive behavior management system
policy and protocol for all youth placed in the group home environment.
C.6.2.3 The behavior modification and other structured programming provided in the facility shall
include at a minimum group work and skill building.
C.6.2.4 The Behavior Modification and Management System shall be individualized and aligned with
the youth’s case plan, as developed by the CFSA Social Worker. It shall target the specific
behaviors that undermine a youth’s ability to pursue and meet developmental, emotional or
educational goals, and provide interventions in the facility that will encourage and support the
youth in decreasing or eliminating the inappropriate behaviors that are interfering with success.
The Contractor shall include goals and objectives in the plan that address any maladaptive
behaviors that may hinder the individual from functioning well in the group home, school, with
family, or in the community. The Contractor shall document youth progress for both positive
and negative behaviors. The Contractor shall review and update the plan periodically in the
context of the individual service plan and/or treatment plan reviews.
C.6.2.5 The Contractor shall engage the youth’s birth family, kin, supportive adults, and/or identified
foster parent, in the implementation of the Behavior Modification and Management System so
the youth can continue progressing after discharge.
C.6.2.6 Each youth's Behavior Modification and Management Plan shall be updated as needed, at a
minimum every 90 days.
C.6.3 Individual Treatment Plan
C.6.3.1 The Contractor or collaborator from another agency shall provide appropriate clinical services
that support the case and/or treatment plan developed in collaboration with CFSA worker. The
Contractor shall provide a detailed plan for making available any needed clinical services
available on-site for youth assessed as needing therapeutic support.
C.6.3.2 The Contractor shall ensure that the therapeutic interventions youth are engaged with are
provided by licensed clinicians and include but not limited to, individual and/or group insight-
oriented, trauma focused therapy on grief, loss and separation, somatic or behavioral symptoms,
and trauma associated with human trafficking.
C.6.3.3 The Contractor shall use crisis prevention and intervention services as needed to stabilize and
assist the youth in returning to pre-crisis-level functioning. Staff shall receive training in trauma-
focused de-escalation techniques in order to foster a safe environment.
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C.6.4 Health Care Services
C.6.4.1 The Contractor, in collaboration with the Social Worker shall plan, facilitate, and coordinate
meeting all preventive, routine, and emergency health care needs for each youth coordination
with the CFSA Nurse Care Manager, if any. All services will be initiated with DC Medicaid
providers to the extent possible. Transportation shall be coordinated between the contractor and
the Social Worker.
C.6.4.2 The Contractor shall support the Social Worker with carrying out the IHP and incorporate the
plan into the child or youth’s Individual Service Plan. The Contractor shall ensure the delivery
of health and services needs and identify and report any barriers in meeting IHP goals.
C.6.4.3 The Contractor shall manage the administration of medication, including filling prescriptions,
obtaining renewed prescriptions, and ensuring attendance at medication management
appointments. The Contractor shall document the amount of medication on hand for new
residents and the amount of medication remaining when residents are discharged.
C.6.4.4 The Contractor shall have designated RN or Licensed nursing professional to oversee the
management and administration of medications. A medication treatment/monitoring plan must
be developed for every youth prescribed medication.
C.6.4.5 The Contractor must communicate to the Social Worker and Health Service Administration if
medication is needed or not available when there is less than 8 days of medication supply on
hand.
C.6.4.6 The Contractor shall maintain a medication administration record that at a minimum contains the
following:
• Name & dosage
• Time given • Route given (oral etc.)
• Person administering the medication
• If youth refused
C.6.4.7 All administration of medication shall be kept in a log, including when medication is declined or
missed. All missed dosages or those dispensed in error shall be followed with an unusual
incident report.
C.6.4.7 The Contractor shall meet with the Social Worker and Health Service Administration team at
minimum quarterly to discuss medication regimen to include discussion of medication
effectiveness, appointments and health needs.
C.6.4.8 The Contractor shall ensure that all medically recommended health and therapeutic services,
including, but not limited to, annual physical examinations, follow-ups, medical appointments,
obtaining medication and prescription refills, physical and occupational therapy, glasses
examinations, hearing aids, prosthetic devices, and corrective physical and dental devices, take
place as scheduled. The Contractor shall communicate appointment outcome information to
CFSA.
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C.6.4.9 The Contractor, shall support the Social Worker with facilitating the provision of physician
prescribed in-home nursing and/or any other specialized health services in accordance with the
case plan and Individualized Health Plan.
C.6.4.10 The Contractor, shall support the Social Worker with meeting the needs of all pregnant youth.
The Health Services Administration will coordinate appropriate community-based prenatal care
with the Social Worker through a Medicaid obstetric and gynecological provider for all youth in
need of and seeking such services.
C.6.4.11 The Contractor shall, in an emergency, facilitate transport and accompany the youth to the
nearest medical facility, as well as provide the facility with the youth’s Medicaid information.
The Contractor shall notify the Social Worker within 24-hours. The Contractor shall notify the
Healthy Horizon Assessment Center through the 24 hour on-call phone: 202-498-8456.
C.6.4.12 The Contractor shall not consent to treatment. In a true life-threatening emergency, the
emergency room staff will initiate treatment. The Contractor staff shall remain with the child for
any emergency treatment until relieved by CFSA, if available. Youths 18 and over may consent
to treatment on their own.
C.6.4.13 The Contractor shall include in its training plan a module that prepares staff on the health care
topics to include, among others, the following: HIV/AIDS, communicable diseases, universal
precautions, nutrition, diabetes, dental/oral care, asthma, and well-childcare. The Contractor
shall follow CFSA’s guidelines for youth affected by HIV and AIDS.
https://cfsa.dc.gov/publication/program-hiv-and-aids.
C.6.4.14 The prospective Contractor shall include a plan to meet health services requirements in its
proposal.
C.6.5 Educational and vocational services
C.6.5.1 The Contractor shall be responsible for ensuring the educational and vocational needs of
all youth placed in its care are met. In collaboration with the Social Worker, the
Contractor shall arrange for and ensure that each school -aged resident attends an
educational or vocational program in accordance with all applicable federal, state and
local laws and the youth’s Individual Service Plan (ISP) and Individualized Education
Plan (IEP).
C.6.5.2 The Contractor in coordination with the CFSA Social Worker shall be responsible for
enrolling and arranging transporting for all school -age youth to educational, extra -
curricular, vocational and/or mentoring activities; unless otherwise provided by the
school district, another community -based service provider, or arranged by CFSA, to
address a specialized educational need as defined in the service plan.
C.6.5.3 The Contractor , in coordination with the Social Worker, shall ensure that youth who are
no longer required to attend school under the District of Columbia’s or local
jurisdiction’s Compulsory Education Law receive directly, or are appropriately linked to,
a continuing education or vocational training program i n preparation for economic
independence.
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C.6.5.4 The Contractor shall maintain the youth’s educational records; including, but not limited
to, report cards, educational testing and Individualized Education Plans (IEP’s). The
Contractor shall make copies of all educational information available to CFSA mo nthly;
or more often if the Contractor receives pertinent information between monthly reviews.
C.6.5.5 The Contractor , in coordination with the CFSA Social Worker , ensures that all children
and youth in need of Special Education receive assessment by the assigned school or
another authorized Special Education evaluator approved by the District of Columbia
Public Schools (DCPS). In coordination with the Social Worker, the Contractor shall
participate in all meetings held at the child or youth’s local school to develop and/or
enhance the IEP.
C.6.5.6 The Contractor shall comply with education policies set forth by DCPS and CFSA
regarding the provision of special education services and other guidance on a variety of
education- related topics. The CFSA Office of Wellbeing is available for consultation and
assistance in this area.
C.6.5.7 The Contractor shall facilitate participation in educational enrichment programs and
activities for youth.
C.6.5.8 The Contractor shall identify those educational duties and responsibilities for which
congregate care staff and/or other HCA staff will be accountable (e.g., attendance at
school conferences, provision of school supplies, assistance with homework, regular
contact with teachers). The plan shall also include a description of the educational
equipment provided to youth to assist and enrich educational endeavors , such as
the provision of computers, adequate study areas, in- home tutoring (paid or non- paid),
and other assistance. The Contract or shall provide schoo l supplies . The Contractor shall
facilitate the delivery of tutoring, mentoring, and other remedial and advocacy services
on-site via community -based providers or CFSA’s Office of Well -Being. The Contractor
shall document the provision and quality of the service.
C.6.5.9 The Contractor shall ensure the Social Worker is appraised of when children and youth
present any educational limitations and meet the criteria listed below to receive
tutorial/remedial services:
Two or more grade levels behind age -appropriate academic performance.
• Reporting grades of D’s or F’s.
• Services recommended by IEP.
• Services recommended by school.
• Services recommended by a psychological evaluation, or
• Services recommended by the ISP.
C.6.5.10 CFSA encourages the provision of mentoring services for all children and youth being
cared for in congregate care. The Contractor shall work to develop innovative provision
of mentoring services that are community -based, linked to professional groups, and/or
are on a volunteer basis. Mentoring services should be supplemental activities to tutoring
and recreational endeavors already provided by the congregate care program. CFSA
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seeks innovative design of services that are supplied by the Contractor with minimal, or
no cost, to CFSA.
C.6.5.11 The Contractor shall inform and document for CFSA all pertinent educational
information to include report cards, transcript, IEPs, etc ., for the purposes of data
collection, monitoring, and inclusion in case records and pertinent education and service
plans.
C.6.5.12 The Contractor shall link youth to vocational services as per any service objectives set
forth in the youth’s ISP. These services shall include vocational assessment and training
programs.
C.6.5.13 The Contractor shall coordinate with the CFSA education and vocation specialists and
Social Worker to ensure each youth has access to educational enrichment programming
and is making progress towards their school and training goals.
C.6.5.14 The Contractor shall include a description of how to it plans to meet the education needs
of District foster children and youth in its Proposal.
C.6.6 Recreation
C.6.6.1 The Contractor shall facilitate access to regular recreational programming for children and
youth that includes positive, pro- social recreational activities that reduce the risk of
engaging in antisocial behaviors and serve as a protective factor as they step down to
lower levels of care and transition from foster care to the community.
C.6.6.2 The Contractor shall allow each youth to participate in at least two recreational activities
each week, as defined by the youth’s stated interests.
C.6.6.3 Programs shall facilitate access to recreational activities that spark the child or youth’s
interest, enhance self -confidence, nurture the development of hobbies, and may serve as a
long- term activity. The Contractor shall ensure sufficient recreational su pplies,
equipment , and activities. Participation in music, arts, and sports is encouraged. The
Contractor’s programming shall provide weekly recreation and experiential outings as
part of its schedule of activities, to include both group and indivi dual outings.
C.6.6.4 The prospective Contractor shall include a description of its recreation program as part of
its Proposal.
C.6.7 Family Visitation and Building Permanent Connections
C.6.7.1 The Contractor shall provide supportive assistance in facilitating visits between the youth
and his/her family members includ ing parents, siblings, and/or other significant persons,
in settings that are conducive to positive family interaction.
C.6.7.2 The Contractor shall submit monthly individual visit logs for each youth, detailing the
names and contact information of individuals who visited the youth or whom the youth
visited. These logs shall include the dates of each visit and document any feedback
provided by the youth regarding their experience during the visit.
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C.6.7.3 This version clarifies the documentation expectations and ensures that feedback is
consistently recorded.
C.6.7.4 The Contractor shall support the Social Worker in identifying possible permanent
connections between children/youth and a significant individual in the youth’s life who
can serve as a permanent resource.
C.6.7.5 The Contractor shall ensure visits occur in the youth’s home community, in the homes of
relatives and/or other significant individuals, and/or at the facility as appropriate and in
accordance with the case plan.
C.6.7.6 The Contractor shall encourage phone calls and other forms of communication shall be
between the youth and relatives, as well as with other significant individuals.
C.6.7.7 The Contractor shall support family engagement throughout the youth’s placement in
congregate care, regardless of the permanency goal.
C.6.7.8 The prospective Contractor shall describe how it intends to implement supportive
assistance in its proposal.
C.6.8 Life Skills Training and Development
C.6.8.1 The Contractor shall facilitate access to programming that includes a comprehensive
curriculum and the life and social skills outlined in 29 DCMR Chapter 62 Section 6270.
C.6.8.2 The Contractor shall support the Social Worker with the enrollment and participation of
residents aged sixteen (16) and older in, Office of Older Youth Empowerment (OYE.)
workshops, events and supports . The Contractor shall provide residents an opportunity to
consistently apply the expectations and activities of the OYE.
C.6.8.3 The Contractor shall support and reinforce the skills curricula provided by OYE ,
including (but not limited to) those life, financial literacy, household and budget
management and social skills outlined in 29 DCMR Chapter 62 Section 6270.1.
C.6.8.4 The Contractor shall facilitate employment assistance and job coaching for youth.
C.6.8.5 The Contractor shall provide on- site group and individualized life skills sessions as part
of its programming. The Contractor shall submit an overview of the curriculum, training
and assessment as part of its proposal
C.6.9 Community-Based Resources
C.6.9.1 The Contractor shall ensure that youth develop the skills needed to thrive in the
community. The Contractor must be knowledgeable about community resources available
for youth and have a process in place to connect them to these resources based on their
interests. The program shall facilitate access to community resources for youth,
encouraging their participation and involvement in community -based activities. Examples
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of such resources include volunteer civic activities, public services such as local libraries
and health clinics, and recreational opportunities at local gyms or community centers.
C.6.9.2 The Contractor shall ensure that every child or youth has an opportunity to participate in
religious services of his/her choice, or to refrain from religious practice if so desired. The
Contractor shall make meal choices or alternatives available that resp ect the religious
practices of youth. The Contractor should mention any relationships it has with churches
or religious groups in its proposal.
C.6.9.3 The Contractor shall link children or youth with organizations that can provide education
and support services for a ll gay, lesbian, bisexual, transgendered and questioning children
and youth in need of these services.
C.6.9.4 The prospective Contractor shall include a description of the model for developing
community connections in its proposal, and the community resources it plans to utilize to
meet service requirements.
C.6.10 Transportation
C.6.10.1 The Contractor shall facilitate transportation needed by the youth in its care. The
Contractor shall ensure vehicles include all safety devices required by law. (The
Contractor shall provide evidence of any proposed vehicle(s) to be utilized, and CFSA
will monitor the condition for the purpose of ensuring safe transport of youth. The
Contractor shall submit upon request of the CA, copies of vehicle registrations and
inspections, if applicable.
C.6.10.2 The Contractor shall facilitate/arrange transportation for children/youth to all:
Routine and emergency medical and mental health appointments;
Daily school/educational, extra -curricular and vocational activities;
Recreational activities;
Community activities;
Family activities and visits;
Reviews, court appearances, and conferences.
C.6.10.3 The Contractor shall comply with all required Federal, State, District or Municipal
regulations related to performing transportation services during the term of the contract.
The Contractor shall ensure to meet records check requirements specified in 29 DCMR Chapter
62, § 6224.
C.6.10.4 The prospective Contractor shall describe the provision of transportation services in its proposal.
C.6.11 Financial Management
C.6.11.1 The Contractor shall support and reinforce the youth’s active participation in the Matched
Savings Program, as offered by OYE.
C.6.11.2 The Contractor shall administer a monetary allowance for the youths placed in care in
accordance with Chapter 29 DCMR 6332.
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C.6.11.3 The Contractor shall have an allowance procedure aligned with applicable CFSA policy.
It is the policy of CFSA to provide a personal allowance to youth ages 15 and older until
age 21. Social Workers are expected to inform youth there is a policy regarding personal
allowances.
C.6.11.4 The youth shall be placed in a congregate care facility for a minimum of 30 consecutive
days to receive a personal allowance for their personal use. The Contractor shall distribute
the allowances to the youth. The Contractor shall provide daily guidance and coaching to
youth regarding how to manage their allowance to help reinforce financial management
and budgeting skills. The CFSA social worker must be notified anytime a youth’s
allowance is withheld.
C.6.11.5 In its response, the Contractor shall describe the allowance system, including (but not
limited to): disbursement; strategies for fostering banking/savings skills; and strategies for
connecting the allowance to larger financial goals , skill- development , and behavior
management .
C.7 CONTINUOUS QUALITY IMPROVEMENT
C.7.1 Quality Assurance
C.7.1.1 The Contractor shall maintain a quality assurance system that includes the collection and
review of both quantitative and qualitative data for the purposes of program evaluation and
assessment of individual youths' progress. This system shall give full consideration of CFSA’s
performance and outcome measures. The Contractor shall make its quality assurance system
and data available for CFSA review. CFSA will monitor the QA system and the data produced.
The Contractor shall, on a monthly basis, provide a report on all required and discretionary
activities specified throughout the contract.
C.7.1.2 The Contractor shall, on a monthly basis, provide a report on activities specified throughout
the contract.
C.7.1.3 As part of its program model, the Contractor shall develop a theory of change and identify key
indicators and metrics it intends to track to evaluate youth progress towards program goals as
well as to assess the Contractor’s administrative operations. The Contractor shall provide
quarterly updates to CFSA based on its continuous quality assurance efforts.
C.7.1.4 Program evaluations of the facility will be completed by CFSA every six months, assessing
both youths’ progress and the overall program’s functioning.
C.7.1.5 The Contractor shall participate in CFSA convenings that address service quality and program
outcomes.
C.7.1.6 The prospective Contractor shall include a description of how it intends to
implement a continuous quality improvement system.
C.7.2 Performance Indicator and Outcomes
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C.7.2.1 As part of its quality assurance system, the Contractor shall collect data pertinent to the
performance indicators and outcome areas outlined in this section. The Contractor shall work
collaboratively with CFSA in further development of indicators and outcome measures in the
areas of safety, permanence and wellbeing.
C.7.2.2 The Contractor shall meet the following benchmarks in three core areas of performance:
C.7.3 Safety
C.7.3.1 Safe Haven – The care environment will ensure safety and adequacy of children/youth to
maintain safety for residents.
C.7.3.1.1 Performance Indicators:
• Incidence of Unusual Incidents that compromise safety of residents.
• Incidence of substantiated findings of Institutional Abuse/Neglect
• Incidence of program concerns detected as part of an investigation or routine
monitoring leading to corrective actions or performance improvement plans.
C.7.3.2 Adequacy of Staff – Staff will be adequately screened, qualified and supervised.
C.7.3.2.1 Performance Indicators:
• Rate of regularity for completion of required criminal background and child protection
registry clearances.
• Occurrence of staff credentialing, qualification, and training standards met.
• Rate of maintaining facility staffing array.
C.7.3.3 Permanence
C.7.3.3.1 Placement Stability – Placements will be stable and purposeful. Contractor will only facilitate
planned placement setting changes that place child or youth in accordance with formal plans
(case plan and the ISP and its components), and with the goal of placement in less restrictive
placement settings.
C.7.3.3.2 Performance Indicators:
• Incidence of unplanned discharge of children or youth.
• Incidence of children and youth stepping down to less restrictive placement settings
within 12 months of placement with Contractor.
C.7.3.3.3 Service Planning – Individual Service Plans will be current and reflective of the Agency’s
goals. Planning will include integration and participation of the youth, family members, and
other significant persons in the youth’s life. others.
C.7.3.3.4 Performance Indicators:
• Rate of Contractor participating in Youth Transition Planning meetings.
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• Rate of youth Individual Service Plans aligned with CFSA Youth Transition Plans.
• Rate of youth with current Behavior Management Plans.
C.7.3.5 Well Being
C.7.3.5.1 Well-Being – Facilitation of services and supports to maintain physical and emotional health.
C.7.3.5.2 Performance Indicator:
• Rate of youth that receive life-skills supports.
• Rate of youth with current annual health exams.
• Rate of youth with current dental health exams.
• Rate of youth reporting satisfaction with placement services.
C.7.3.5.3 As part of its proposal, the Contractor shall submit an overview of its quality assurance system
and how it will meet all areas specified within this section.
C.8 ADMINISTRATIVE OPERATION
C.8.1 MANDATORY UNUSUAL INCIDENT REPORTING
C.8.1.1 The Contractor shall follow the procedures and requirements outlined in 29 DCMR
Chapter 62 licensing regulations for mandatory reporting of unusual incidents, and as
established in CFSA policy. The Contractor shall file an unusual incident report any time
a youth or staff has engaged in an event that is significantly distinct from normal routines
or procedures followed by the youth, the program, the staff, or any person relevant to the
youth.
C.8.1.2 The Contractor shall report any alleged child abuse, neglect or other risk to youth’s
health and safety to the CFSA hotline (202- 671-SAFE), including incidents with non-
ward individuals within two (2) hours. Under no circumstance shall the notice take
longer than twenty- four (24) hours.
C.8.1.3 Youth are more likely to be “absent and missing” from placement within their first three
months in congregate care. Youth that run away from placement are more at -risk for sex
trafficking and other dangers. The Contractor shall follow the CFSA policy on Mi ssing,
Abducted and Absent Children. Following an “absent and missing child” incident, the
Contractor will hold the bed for three business days at the empty bed rate, unless the
social worker requests an extension. The youth shall be accepted back into the program
upon youth’s return.
C.8.1.4 The Contractor shall determine the factors that led to the youth’s absence from
placement, what they experienced during their absence and assess concerns with sex
trafficking and other dangers. The Contractor will participate in the “return to care
staffin g” convened by the CFSA or private child placing agency social worker for all
missing or absent youths who return after 72 hours and are chronic absentees or at high
risk, as well as for those who are located but do not return to CFSA. The Contractor shall
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strategize on services and supports needed to stabilize and maintain the youth in
placement.
C.8.1.5 As part of its proposal, the Contractor shall describe how it intends to meet all areas specified
within this section.
C.8.2 Recordkeeping and Documentation
C.8.2.1 The Contractor shall follow all documentation requirements (including medical
necessity) as set out by CFSA.
C.8.2.2 The Contractor shall submit monthly progress notes on each youth to the primary Social
Worker, progress notes may be submitted electronically.
C.8.2.3 The record of each youth placed in the Contractor’s facility during the term of this
contract is the property of the District. The Contractor shall provide CFSA with copies of
these records upon conclusion of services or termination of the Contract.
C.8.2.4 Progress notes shall include a minimum the following information:
• Name of primary social worker and Contractor;
• Description of services provided, time and duration of service provided;
• Location of service provided, as well was the name, youth ID, case ID, social security
number of the youth
• The notes must describe the “who, what, where, why, when and how” of service
provision:
• Who (who is the service Contractor and who is the recipient or service?);
• What (what type of service was provided and known outcomes?);
• Where (where/what location did provision of services take place?);
• Why (why was the service provided?);
• When (when/what date and time did the service take place?);
• How (how were services provided and how long are they needed i.e. via face-to-face,
telephone, etc.).
Note: all of the above information shall also be maintained in the youth’s case file.
C.9 GENERAL REQUIREMENTS
C.9.1 Regulatory and Policy Compliance
C.9.1.1 The Contractor operating programs of Congregate Services Agency shall be in accordance
with Chapter 62 of Title 29 of the District of Columbia Municipal Regulations, entitled
“Licensing of Youth Shelters, Runaway shelters, Emergency Care Facilities, and Youth
Congregate care settings”. A Contractor that possesses a license for congregate care services
being offered to CFSA may add new locations to service CFSA referrals by submitting a
request for modification to their current license. Once the CFSA’s, Office of Facility
Licensing accepts the request for modification, the Contractor must meet the requirement
for modification within 90 days.
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C.9.1.2 Contractor facility license, licensing reports, licensing corrective actions, and licensing
performance improvement plans must be submitted to the CFSA Contracts Monitoring
Division.
C.9.1.3 The Contractor’s facilities shall maintain compliance with all local and federal housing and
building code regulations, including both external and internal handicap-accessibility.
C.9.1.4 The Contractor shall ensure programming is consistent with policies, administrative issuances,
procedures and standards promulgated by CFSA.
C.9.1.5 The Contractor shall comply with all District and Federal funding requirements and any
related policies established by CFSA to ensure funding of programs and services outlined in
this Contract.
C.9.1.6 The Contractor shall comply with the District of Columbia’s drug-free workplace
certification requirement (29 DCMR § 8207). Failure to comply with the requirements may
render a contractor subject to suspension of invoice payments, termination of the contract
or other available legal remedies.
C.9.1.7 In accordance with Title VI of the Civils Rights Act of 1964 (Public Law 8-352), as amended,
no person eligible for services shall, on the grounds of race, color, religion, nationality, sex, or
political opinion, be denied the benefits of, or be subject to discrimination under any program
activity receiving funds.
C.9.1.8 The Contractor shall maintain an environment that is free of discrimination and harassment
based on gender identity, sexual orientation, religious and racial/ethnic background, and/or
disability.
C.9.1.9 The total enrollment of any congregate care setting shall be limited to eight youths per facility.
C.9.1.10 The Contractor shall develop and maintain a local advisory committee that complies with
license regulation (29 DCMR Section 6218). The local advisory committee shall be made
up of no less than three (3) members, including at least one (1) representative of the
neighborhood in which each facility is located who is unaffiliated with the facility and
who is not employed by the Contractor or CFSA. The local advisory committee shall
meet with the facility administrator at least quarterly to review programs, policies, and
citizen complaints. The local advisory committee shall not have access to identifying
information of individual residents.
C.9.1.11 The Contractor shall define the existing policies, procedures and protocols, manuals,
handbooks and related documents ensure compliance with the regulatory policy
requirements. The Contractor shall maintain, and submit as part of its proposal, a policies
and procedure manual(s) that, at a minimum, describes in detail the philosophy and
approach to care, program management, admissions, service delivery, behavior
management, community and facility environmental conditions and facilit y management
and safety measures, including inclement weather policies, staffing guidelines and
training requirements, and residents’ rules of conduct to include rights and
responsibilities and grievance procedures.
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C.9.2 Service Integration/Linkage
C.9.2.1 The Contractor shall demonstrate its formal relationships and Contracts with other
service Contractors used by CFSA, District agencies serving children, youth, families
and community- based organizations. These other services shall be appropriate to the
age, gender, sexual orientation, cultural heritage, developmental and functional level, as
well as the learning ability of each youth. The Contractor shall demonstrate evidence of
such a service network via sub -contracts, formal service Contracts, an d/or memoranda of
understanding with members of the service network. For any type of protocol, the
Contractor shall describe the process by which the contract is enacted.
C.9.3 Key Personnel and Staffing Requirements
C.9.3.1 The Contractor shall ensure that sufficient professional staff is available to provide training,
technical assistance, contract administration, financial management, oversight and monitoring
for all provided services.
C.9.3.2 The Contractor shall submit a staffing plan to CFSA to include all staff required by licensing
regulations and to fulfill the requirements of the solicitation. Any staff that have direct access
to children must undergo background screening requirements. No staff with direct access to
children shall begin employment without approval from CFSA.
C.9.3.3 The Contractor shall ensure at least two qualified staff are present in each facility anytime at
least one resident is present.
C.9.3.4 The Contractor shall ensure staff meet all regulated training requirements. Staff must have at
least three-hours of training annually on the identification and care of children vulnerable to
sex trafficking and exploitation.
C.9.3.5 Any deviation from staffing and training requirements must be approved by the licensing
entity and Contract Administrator.
C.9.4 CFSA Approval of Plans, Policies and Procedures for Start-Up-Entities
C.9.4.1 The Contractor shall complete and submit the following plans, policies and procedures to
CFSA for review and approval within 30 days post-award:
a) Start-Up and Mobilization Plan. The Contractor shall submit a final mobilization plan for
approval that addresses the tasks below, with designated points of contact and timelines,
including but not limited to:
I. Secure and outfit office space, as needed
II. Establish procedures to facilitate data sharing with and reporting to CFSA.
III. Revise existing policies and procedures as needed.
IV. Recruit, hire, and train staff.
V. Establish the matching placement process
b) Staffing plan
c) Staff training plan
d) Placement protocols
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e) Continuous quality improvement plan
f) Unusual Incident Reporting process
g) Risk management and continuity of operations
C.10 TARGET POPULATIONS
C.10.1 The Contractor shall service LGBTQIA+ population with targeted, appropriate programming, which is
to be delivered in such a way as to foster and promote appropriate peer interactions.
C.10.2 The Contractor shall serve youths aged (13) to twenty-one (21). Youths between the ages of thirteen
(13) and seventeen (17) shall be served in a setting separate and apart from those aged eighteen (18) to
twenty-one (21).
C.10.3 The Contractor shall provide 24-hour board and care, case management support, psychosocial
assessments, and guidance to help encourage and take care of youth. Case management support may
include, but is not limited to, providing supportive assistance in securing the medical/health, mental
health, educational, transportation and assessment needs of the youth. The Contractor shall provide
these services in accordance with the terms of the resultant contract.
C.10.4 The Contractor shall comply with all Federal, State, and local laws to include 29 DCMR Chapter 62,
Licensing of Youth Shelters, Runaway Shelters, Emergency Care Facilities, and Youth Group Homes
or the licensing requirements of jurisdiction the facility is in when providing services under this
contract.
C.11 CAPACITY AND CAPABILITIES
C.11.1 Technical Capacity and Expertise – Proposed Project Team
C.11.1.1 The extent to which the proposal describes the Offeror’s demonstrated expertise and
experience, in particular within the past three (3) years:
a) providing cohesive congregate care services for youth between ages 13 and 21 who
present a wide range of behavioral challenges and levels of need, and that are designed
to achieve positive safety, permanency and well-being outcomes;
b) recruiting, training, supporting and retaining a cadre of high-quality staff; and
c) working in partnership with public agencies and managing contracts of comparable
size and complexity.
C.11.2 Leadership, Management and Staff Qualifications
C.11.2.1 Board of Directors. The Contractor organization shall maintain a Board of Directors, or similar
governing body, which provides legal oversight and is comprised of representatives from the
community with experience in governance, financial management, fundraising, child welfare
programming, and any other experience pertinent to administration of Congregate Care
programs.
C.11.2.2 Organizational Chart. The Contractor shall provide, on a monthly basis, an organizational
chart that displays organizational relationships and staff with responsibility for administrative
oversight and supervision for each activity required under this contract, staff with training
authority, staff with programmatic and clinical responsibility, and all other key personnel,
including main office.
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C.11.2.3 RESERVED
C.11.2.4 Staff Qualifications. The Contractor shall ensure that the staff composition, capacity and
qualifications comply with standards for licensing in the jurisdiction where the facility is
located. The Contractor shall ensure that social workers, supervisors and managers have a
master’s degree in social work and maintain current social work licenses in the District of
Columbia or the jurisdiction where the facility is located.
C.11.2.5 Staff Recruitment. The Contractor shall have staff with the knowledge, skills, and abilities to
work with the identified target populations and ensure that recruitment and hiring practices
support the cultural and linguistic competence qualifications of the staff.
C.11.2.6 HR Compliance. The Contractor shall ensure human resources compliance requirements are
met and monitored to include background checks.
C.11.3 Past Performance
C.11.3.1 The Contractor shall describe the specific skill sets of the proposed key personnel and the
key personnel’s qualifications, education, experience, responsibilities, and possession of
current certifications related to working with a similar population within the past three (3)
years.
C.11.3.2 Indicate how the work experience of the proposed key personnel has contributed to
achieving positive safety, permanency and well-being outcomes.
C.11.3.3 The Contractor shall provide the following performance data for within the past three 3
years:
a) Behavioral health outcomes
b) Placement stability
c) Customer satisfaction
d) Safety
e) Well-being
**END OF SECTION C**
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SECTION D: PACKAGING AND MARKING
D.1 PACKAGING AND MARKING
D.1.1 The packaging and marking requirements for this HCA shall be governed by Clause 2, Shipping
Instructions-Consignment, of the Government of the District of Columbia’s Standard Contract
Provisions for use with Supplies and Services Contracts, dated July 2010.
D.1.2 All packages, letters, documents, correspondence and other data or material relating to this HCA must
be marked with a corresponding HCA number.
D.2 MAILING FEES
D.2.1 All postage and or mailing fees connected with performance of this HCA shall be the responsibility of
the Contractor.
**END OF SECTION D**
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SECTION E: INSPECTION AND ACCEPTANCE
E.1 INSPECTION
The inspection and acceptance requirements for the resultant qualification shall be governed by clause
number (6), Inspection of Services, of the government of the District of Columbia’s Standard Contract
Provisions for use with Supplies and Services Contracts, dated July 2010.
**END OF SECTION E**
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SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES
F.1 TERM OF CONTRACT
The term of this HCA shall be for a period of one year from date of award.
F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT
F.2.1 The District may extend the term of this HCA for a period of four (4) one year option periods, or
successive fractions thereof, by written notice to the Contractor before the expiration of the
contract; provided that the District will give the Contractor preliminary written notice of its intent
to extend at least thirty (30) days before the contract expires. The preliminary notice does not
commit the District to an extension. The exercise of this option is subject to the availability of
funds at the time of the exercise of this option. The Contractor may waive the thirty (30) day
preliminary notice requirement by providing a written waiver to the Contracting Officer prior to
expiration of the contract.
F.2.2 If the District exercises this option, the extended HCA shall be considered to include this option
provision.
F.2.3 The option year prices and ceilings shall be negotiated in accordance with Section B of the contract.
F.2.4 The total duration of this HCA, including the exercise of any options under this clause, shall not
exceed three years.
F.3 DELIVERABLES
F.3.1 The Contractor shall perform the activities required to successfully complete District’s
requirements and submit each deliverable to the Contract Administrator (CA) identified in
section G.9 in accordance with the following:
Deliverable Information To Whom Frequency/Due Date
Facility License All facilities licensed outside of
the District of Columbia shall
provide a copy of a current and
active license that is in good
standing
CFSA
performance
monitor
Within 90 days post award
and upon licensing renewal
Facility
Licensing
Report
All licensing reports, including
variances and corrective actions
shall be forwarded
CFSA
performance
monitor
Within 14-days of issuance
from licensing entity
Organizational
Chart
An updated diagram that visually
conveys the Contractors internal
staffing structure
CFSA
performance
monitor
Monthly to the performance
monitor
Staff Plan A plan that details Contractor’s
process to maintain staffing array
though staff recruitment and
retention efforts to include
background check process and
initial and random drug
screenings and on-call system
CFSA
performance
monitor
Within 30 day of post award
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Deliverable Information To Whom Frequency/Due Date
Staff Training
Plan
A plan that outlines how the
Contractor will ensure staff
obtain relevant training that
meets hours required by licensing
entity
CFSA
performance
monitor
Within 30 day of post award
Personnel
Packet
Documents demonstrating the
qualifications and background
information to obtain approval to
hire safety-sensitive staff,
Licensing entity
and CFSA
performance
monitor
Prior to hire of new staff
Staff Roster A schedule that depicts approved
staff scheduled to provide direct
supervision of residents across all
shifts, including on-call staff r
CFSA
performance
monitor
At minimum monthly
Placement
Protocols
The protocol the Contractor shall
use to ensure it responds to
placement calls within 2-hours of
the referral and intake of youth
24 hours a day/7 days a week,
including on holidays
Placement team
and CFSA
performance
monitor
Within 30 day of post award
Weekly census A listing of all residents past and
present served in the facility
within the present fiscal period to
include length of stay and
discharge reasons to the CFSA
performance monitor
CFSA
performance
monitor
Weekly every Monday
Youth progress
notes
A summary of youth’s progress
towards service goals
CFSA or private
child placing
agency social
worker
Monthly
Continuous
Quality
Approvement
Plan/Report
A plan that details how the
Contractor will track program
and youth outcomes and
corresponding reports that details
trends and identifies strategies
that addresses performance
deviations
CFSA
performance
monitor
Within 30 day of post award
and quarterly thereafter
(January 7, April 7, July 7,
October 7)
Monthly
activities report
A report that outlines various
activities and staffing changes
that have occurred for the
previous month
CFSA
performance
monitor
On the 7th of each month
Unusual
Incident
Reporting
A report that serves as
notification for any event that is
significantly distinct from normal
routines or procedures relevant to
the residents, staff, and program
Social worker,
Social worker
supervisor, and
CFSA
performance
monitor
Within 24 business hours of
notification of the incident
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Deliverable Information To Whom Frequency/Due Date
Risk
Management
and Continuous
Operations Plan
A plan that establishes the
Contractors risk prevention
strategies and emergency
operations procedures, including
management of services when
staff and facility disruptions
occur to the CFSA performance
monitor
CFSA
performance
monitor
Within 30 day of post award
Quarterly
Expenditure
Reporting
CFSA provided template used
to report provider expenditures
incurred in accordance with
CFSA contract budget
parameters
The CFSA
Business
Services
Administration
at
cfsa.bsareporting
@dc.gov and the
CFSA
performance
monitor
Quarterly (February 15, May
15, August 15, and November
15)
Cost
reimbursement
invoices
A monthly accounting of costs
incurred and paid on the
contract that are not associated
with the Contractors
administrative allowance nor
per diem.
The CFSA
Business
Services
Administration
at
cfsa.bsareporting
@dc.gov
Monthly
F.3.2 The Contractor shall submit to the District, as a deliverable, the report described in section
H.5 of this HCA that requires the 51% District Residents New Hires Requirements and
First Source Employment Agreement. If the Contractor does not submit the report as part
of the deliverables, the District shall not make final payment to the Contractor pursuant to
section G.3.2.
F.3.3 Progress notes which shall be submitted monthly may be submitted electronically, but
must include: name of social worker or service provider, description of services provided,
time and duration of service provided, location of service provided, assessment of children
and youth’s uptake of services, as well as name, date of birth, and client ID of the children
and youth to whom services were provided. The notes must describe the “who, what,
where, why, when, and how” of service provision.
-who (who is the service provider and who is the recipient of service)?
-what (what type of service was provided?);
-where (where/what location did provision of service take place)?
-why (why was the service provided”)
-when (when/what date and time did the service take place? and
-how (how were services provided i.e. via face-to face, telephone, etc.) services were
provided.
Note: All of the above information shall also be maintained in the client’s case file.
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F.4 Contractor Quarterly Expenditure Reporting
F.4.1 The Contractor shall report all expenditures (accrued/cash) related to this contract on a
quarterly basis. Expenditures shall be reported as they were itemized in the Attachment
J.12 Contract Costing for Congregate Care Services Providers, via “Excel” worksheet(s).
CFSA will provide the required format for this report. The Reports are due to CFSA’s
Business Services Administration (BSA), within thirty days after the end of each quarter.
The expenditures shall be reported by Federal Fiscal Year (FFY) quarters. The FFY
quarters; and the expenditure reporting due dates are as follows:
• October 1 – December 31 Due on or before January 31
• January 1 – March 31 Due on or before April 30
• April 1 – June 30 Due on or before July 31
• July 1 – September 30 Due on or before October 31
F.4.2 The Contractor shall submit the position descriptions of each position detailed in Schedule
1, Salary and Wage Costs and copies of sub-contract agreements for those services listed in
Schedule 3 – Consulting/Experts of the Budget Summary Form with the initial
Expenditure Report.
F.5 Contractor Close-Out Package
F.5.1 Within 45 days of the expiration/termination of this contract, the Contractor shall submit
the Close Out Package to CFSA’s Business Services Administration (BSA). The Close Out
Package shall include the following at a minimum:
• An Excel worksheet(s), which summarizes all of the expenditures associated
with this contract. The summary must detail the expenditures as they were
itemized in the original contract Budget Summary Form.
• An Excel worksheet which summarizes all of the receipts/revenues paid under
this contract, including the accompanying monthly supporting invoices.
• The most recent agency wide annual audit report.
*END OF SECTION F**
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SECTION G: CONTRACT ADMINISTRATION DATA
G.1 INVOICE PAYMENT
G.1.1 The District will make payments to the Contractor, upon the submission of proper invoices, at the
prices stipulated in this contract, for supplies delivered and accepted or services performed and
accepted, less any discounts, allowances or adjustments provided for in this contract.
G.1.2 The District will pay the Contractor on or before the 30th day after receiving a proper invoice from
the Contractor.
G.2 INVOICE SUBMITTIAL FOR PER-DIEM
CFSA shall use information generated from the Placement Provider Web (PPW) application for payment
of placement services. The PPW is an application within the FACES database system
whereby placement Contractors certify the requisite placement information, through the
Monthly Placement Utilization Report (MPUR), necessary to generate payment invoices to
CFSA Fiscal Operations.
Example: The District will utilize the following formula each month to determine how much
it will pay the Contractor for the Per Diem Services: f = (c X d X e) where “f” represents
the total payment for Per Diem Services; “c” represents the number of chil dren actually
placed with the Contractor over the course of the month; “d” represents the Per Diem rate
set forth in the HCA; and “e” represents the number of days in the month. Assuming the
actual number of children served is 35 and the Contractor’s Per Diem rate is $100 and the
month is 30 days long, under the above formula, the District will pay the Contractor
$105,000 for Per Diem Services (calculated by multiplying 35 children X $100 Per Diem X
30 days).
G.2.2 The Contractor will solely utilize the PPW system and the MPUR to submit the necessary
information to generate all invoices for payment.”
G.2.3 The Contractor shall not certify the information within the MPUR earlier than the first day
of the following month subsequent to the service month.
G.2.4 Once an MPUR is certified by the Contractor for the generation of an invoice, it cannot be
modified.
G.2.5 The Contractor must designate a staff member to serve as an approving authority for the
PPW. Designated staff must complete the requisite PPW training prior to the issuance of
secure access to the system.
G.2.6 If the Contractor is unable to access the PPW, it is the Contractor’s responsibility to contact
the CFSA Computer Information Systems Administration (CISA) helpdesk for technical
assistance.
G.2.7 If there is a substantive, not technical, problem with the Contractor’s PPW invoice, it is the
Contractor’s responsibility to contact the designated CFSA Fiscal Operations technician to
resolve the issue.
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G.2.8 If the Contractor fails to submit its invoices through the PPW and the MPUR, the Contractor
accepts that said invoices may not be processed within the normal statutory timeframes.
G.2.9 The Contractor shall submit invoices via email, to CFSA’s Fiscal Operations Administration
(Office of the Chief Financial Officer) at cfsa.accountspayable@dc.gov or via regular mail
delivery to:
Child and Family Services Agency
Fiscal Operations Administration
200 I Street S.E.
2nd Floor Rm. 2030N
Washington, DC 20003
No later than 20 days after the last day of any month in which services are provided. The
invoices shall include the Contractor’s name, address, invoice number, date, tax ID
number, DUNS number, HCA number, description of services, price, quantity and date,
other supporting documentation or information, as required by the Contracting Officer,
name, title, telephone number and address of both the responsible official to whom
payment is to be sent, and the responsible official to be notified in the event of a defective
invoice and authorized signature.
G.2.10 INVOICE SUBMITTAL FOR ADMINISTRATIVE ALLOWANCE AND COST
REIBURSEMENT
The Contractor shall submit proper invoices on a monthly basis. Invoices shall be
submitted electronically to the agency Chief Financial Officer at
cfsa.accountspayable@dc.gov.
To constitute a proper invoice, the Contractor shall submit the following information on the
invoice:
a) Contractor’s name, federal tax ID and invoice date (date invoices as of the date of
mailing or transmittal);
b) Contract number and invoice number;
c) Description, price, quantities and the date(s) that the supplies or services were
delivered or performed;
d) Other supporting documentation or information, as required by the Contracting
Officer;
e) Name, title, telephone number and complete mailing address of the responsible
official to whom payment is to be sent;
f) Name, title, phone number of person preparing the invoice;
g) Authorized signature.
Invoices for Cost Reimbursement along with detailed supporting documentation shall be
submitted no later than the last day of the month for the preceding month. For example, an
invoice for the service month of September should be sent no later than October 31st.
Invoices shall include all of the information indicated above.
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Invoices for Administrative Allowance shall be submitted on the first day of the month for
the preceding month. For example, an invoice for the service month of September should
be sent on October 1st. The invoice should include all of the information indicated above.
G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT
G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and First Source
Employment Agreement requirements, final request for payment must be accompanied by the
report or a waiver of compliance discussed in section H.5.5.
G.3.2 No final payment shall be made to the Contractor until the agency CFO has received the
Contracting Officer’s final determination or approval of waiver of the Contractor’s compliance
with 51% District Residents New Hires Requirements and First Source Employment Agreement
requirements.
G.4 PAYMENT
G.4.1 The District will pay the amount due the contractor under this contract in accordance with the
terms of the contract and upon presentation of a complete and properly executed invoice.
G.5 ASSIGNMENT OF CONTRACT PAYMENTS
G.5.1 In accordance with 27 DCMR 3250, the Contractor may assign to a bank, trust company, or other
financing institution funds due or to become due as a result of the performance of this contract.
G.5.2 Any assignment shall cover all unpaid amounts payable under this contract and shall not be made to
more than one party.
G.5.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is required
to prepare invoices. Where such an assignment has been made, the original copy of the invoice
must refer to the assignment and must show that payment of the invoice is to be made directly to
the assignee as follows:
“Pursuant to the instrument of assignment dated ___________, make payment of this invoice to
(name and address of assignee).”
G.6 THE QUICK PAYMENT CLAUSE
G.6.1 Interest Penalties to Contractors
G.6.1.1 The District will pay interest penalties on amounts due to the Contractor under the Quick
Payment Act, D.C. Official Code §2- 221.01 et seq., for the period beginning on the day after
the required payment date and ending on the date on which payment of the amount is made.
Interest shall be calculated at the rate of 1% per month. No interest penalty shall be paid if
payment for the completed delivery of the item of property or service is made on or before:
a) the 3rd day after the required payment date for meat or a meat product;
b) the 5th day after the required payment date for an agricultural commodity; or
c) the 15th day after the required payment date for any other item.
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G.6.1.2 Any amount of an interest penalty which remains unpaid at the end of any 30-day period
shall be added to the principal amount of the debt and thereafter interest penalties shall
accrue on the added amount.
G.6.2 PAYMENTS TO SUBCONTRACTORS
G.6.2.1 The Contractor must take one of the following actions within 7 days of receipt of any amount
paid to the Contractor by the District for work performed by any subcontractor under a HCA:
a) Pay the subcontractor for the proportionate share of the total payment received
from the District that is attributable to the subcontractor for work performed under
the HCA; or
b) Notify the District and the subcontractor, in writing, of the Contractor’s intention
to withhold all or part of the subcontractor’s payment and state the reason for the
nonpayment.
G.6.2.2 The Contractor must pay any lower -tier subcontractor or supplier interest penalties on
amounts due to the subcontractor or supplier beginning on the day after the payment is due
and ending on the date on which the payment is made. Interest shall be calc ulated at the
rate of 1% per month. No interest penalty shall be paid on the following if payment for the
completed delivery of the item of property or service is made on or before:
a) the 3rd day after the required payment date for meat or a meat product;
b) the 5th day after the required payment date for an agricultural commodity; or
c) the 15th day after the required payment date for any other item.
G.6.2.3 Any amount of an interest penalty which remains unpaid by the Contractor at the end of
any 30-day period shall be added to the principal amount of the debt to the subcontractor
and thereafter interest penalties shall accrue on the added amount.
G.6.2.4 A dispute between the Contractor and subcontractor relating to the amounts or
entitlement of a subcontractor to a payment or a late payment interest penalty under the
Quick Payment Act does not constitute a dispute to which the District of Columbia is a
party. The District of Columbia may not be interpleaded in any judicial or administrative
proceeding involving such a dispute.
G.9 CONTRACTING OFFICER (CO)
Contracts will be entered into and signed on behalf of the District only by contracting officers. The
contact information for the Contracting Officer is:
Ebony C. Terrell
Agency Chief Contracting Officer
Child and Family Services Agency
200 I Street SE, Suite 2031
Washington, D.C. 20003
(202) 724-5300 (main number)
Email: ebony.terrell1@dc.gov
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G.10 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER
G.10.1 The CO is the only person authorized to approve changes in any of the requirements of this
contract.
G.10.2 The Contractor shall not comply with any order, directive or request that changes or modifies the
requirements of this contract, unless issued in writing and signed by the CO.
G.10.3 In the event the Contractor effects any change at the instruction or request of any person other than
the CO, the change will be considered to have been made without authority and no adjustment will
be made in the contract price to cover any cost increase incurred as a result thereof.
G.11 CONTRACT ADMINISTRATOR (CA)
G.11.1 The CA is responsible for general administration of the contract and advising the CO as to the
Contractor’s compliance or noncompliance with the contract. The CA has the responsibility of
ensuring the work conforms to the requirements of the contract and such other responsibilities and
authorities as may be specified in the contract. These include:
G.11.1.1 Keeping the CO fully informed of any technical or contractual difficulties encountered during the
performance period and advising the CO of any potential problem areas under the contract;
G.11.1.2 Coordinating site entry for Contractor personnel, if applicable;
G.11.1.3 Reviewing invoices for completed work and recommending approval by the CO if the Contractor’s
costs are consistent with the negotiated amounts and progress is satisfactory and commensurate
with the rate of expenditure;
G.11.1.4 Review and approve invoices for deliverables to ensure receipt of goods and services. This includes
the timely processing of invoices and vouchers in accordance with the District’s payment
provisions; and
G.11.1.5 Maintaining a file that includes all contract correspondence, modifications, records of inspections
(site, data, equipment) and invoice or vouchers.
G.11.2 The address and telephone number of the CA is:
For Programmatic Matters:
Marcy Chell, Program Manager
Kinship and Placement Administration
Placement, Resource, Parent Support & Recruitment
Child and Family Services
200 I Street S.E.,
Washington, D.C. 20003
Telephone: (202) 727-5043
marci.chell@dc.gov
For Invoices:
Tosin Ogunyoku King, Program Manager
Business Services Administration
Contracts Monitoring Division
200 I Street, SE, Suite 3210
Washington, DC 20003
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Telephone: (202) 727-4668
Email: Tosin.king@dc.gov
For Reporting/Monitoring:
Tosin Ogunyoku King, Program Manager
Business Services Administration
Contracts Monitoring Division
200 I Street, SE, Suite 3210
Washington, DC 20003
Telephone: (202) 727-4668
Email: Tosin.king@dc.gov
G.11.3 The CA shall NOT have the authority to:
a. Award, agree to, or sign any contract, delivery order or task order. Only the CO shall make
contractual agreements, commitments or modifications;
b. Grant deviations from or waive any of the terms and conditions of the contract;
c. Increase the dollar limit of the contract or authorize work beyond the dollar limit of the
contract,
d. Authorize the expenditure of funds by the Contractor;
e. Change the period of performance; or
f. Authorize the use of District property, except as specified under the contract.
G.11.4 The Contractor 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.11.5 The Contractor’s achievement of established outcomes set forth in this Contract will be monitored
on a monthly basis through record and data reviews. Contractors will be monitored on three (3)
levels to include; general Contract and scope of work requirements, federal outcomes, and
performance-based outcome measures. CFSA’s Contracts Monitoring Division (CMD) in
collaboration with Contractor may alter or amend monitoring activities.
G.12 ORDERING CLAUSE
G.12.1 Any supplies and services to be furnished under this contract must be ordered by issuance of
delivery orders by the CO. Such orders may be issued during the term of this contract.
G.12.2 All delivery orders or task orders are subject to the terms and conditions of this contract. In the
event of a conflict between a delivery order or task order and this contract, the contract shall
control.
G.12.3 If mailed, a delivery order or task order is considered “issued” when the District deposits the order
in the mail. Orders may be issued by facsimile or by electronic commerce methods.
**END OF SECTION G**
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SECTION H: SPECIAL HUMAN CARE AGREEMENT REQUIREMENTS
H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES
H.1.1 For all new employment resulting from this contract or subcontracts hereto, as defined in Mayor’s
Order 83-265 and implementing instructions, the Contractor shall use its best efforts to comply
with the following basic goal and objectives for utilization of bona fide residents of the District of
Columbia in each project’s labor force:
H.1.1.1 At least fifty-one (51) percent of apprentices and trainees employed shall be residents of the
District of Columbia registered in programs approved by the District of Columbia Apprenticeship
Council.
H.1.2 The Contractor shall negotiate an Employment Agreement with the Department of Employment
Services (“DOES”) for jobs created as a result of this contract. The DOES shall be the Contractor’s
first source of referral for qualified apprentices and trainees in the implementation of employment
goals contained in this clause.
H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS
The Contractor shall be bound by the Wage Determination No. 2015-4281, Revision No. 33, dated
April 25, 2025, issued by the U.S. Department of Labor in accordance with the Service Contract
Act, 41 U.S.C. §351 et seq., and incorporated herein as Section J.2. The Contractor shall be bound
by the wage rates for the term of the contract subject to revision as stated herein and in accordance
with Section 24 of the SCP. If an option is exercised, the Contractor shall be bound by the
applicable wage rates at the time of the exercise of the option. If the option is exercised and the
CO obtains a revised wage determination, the revised wage determination is applicable for the
option periods and the Contractor may be entitled to an equitable adjustment.
H.3 PUBLICITY
The Provider shall at all times obtain the prior written approval from the Contracting Officer before
it, any of its officers, agents, employees or subcontractors, either during or after expiration or
termination of the contract, make any statement, or issue any material, for publication through any
medium of communication, bearing on the work performed or data collected under this contract.
H.4 PREGNANT WORKERS FAIRNESS
H.4.1 The Contractor shall comply with the Protecting Pregnant Workers Fairness Act of 2016, D.C.
Official Code § 32-1231.01 et seq. (PPWF Act).
H.4.2 The Contractor shall not:
(a) Refuse to make reasonable accommodations to the known limitations related to pregnancy,
childbirth, related medical conditions, or breastfeeding for an employee, unless the Contractor can
demonstrate that the accommodation would impose an undue hardship;
(b) Take an adverse action against an employee who requests or uses a reasonable accommodation
in regard to the employee's conditions or privileges of employment, including failing to reinstate
the employee when the need for reasonable accommodations ceases to the employee's original job
or to an equivalent position with equivalent:
(1) Pay;
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(2) Accumulated seniority and retirement;
(3) Benefits; and
(4) Other applicable service credits;
(c) Deny employment opportunities to an employee, or a job applicant, if the denial is based on the
need of the employer to make reasonable accommodations to the known limitations related to
pregnancy, childbirth, related medical conditions, or breastfeeding;
(d) Require an employee affected by pregnancy, childbirth, related medical conditions, or
breastfeeding to accept an accommodation that the employee chooses not to accept if the employee
does not have a known limitation related to pregnancy, childbirth, related medical conditions, or
breastfeeding or the accommodation is not necessary for the employee to perform her duties;
(e) Require an employee to take leave if a reasonable accommodation can be provided; or
(f) Take adverse action against an employee who has been absent from work as a result of a
pregnancy-related condition, including a pre-birth complication.
H.4.3 The Contractor shall post and maintain in a conspicuous place a notice of rights in both English and
Spanish and provide written notice of an employee's right to a needed reasonable accommodation
related to pregnancy, childbirth, related medical conditions, or breastfeeding pursuant to 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 this
chapter, within 10 days of the notification.
H.4.4 The Contractor shall provide an accurate written translation of the notice of rights to any non-
English or non-Spanish speaking employee.
H.4.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.
H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT
Delete Article 35, 51% District Residents New Hires Requirements and First Source Employment
Agreement, of the Standard Contract Provisions dated July 2010 for use with District of Columbia
Government Supplies and Services Contracts and substitute the following Section H.5 51%
DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT in its place:
H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT
H.5.1 For contracts for services in the amount of $300,000 or more, the Contractor shall comply with the
First Source Employment Agreement Act of 1984, as amended, D.C. Official Code § 2-219.01 et
seq. (First Source Act).
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H.5.2 The Contractor shall enter into and maintain during the term of the contract, a First Source
Employment Agreement (Employment Agreement) with the District of Columbia Department of
Employment Service’s (DOES), in which the Contractor shall agree that:
(a) The first source for finding employees to fill all jobs created in order to perform the
contract shall be the First Source Register; and
(b) The first source for finding employees to fill any vacancy occurring in all jobs covered by
the Employment Agreement shall be the First Source Register.
H.5.3 The Contractor shall not begin performance of the contract until its Employment Agreement has
been accepted by DOES. Once approved, the Employment Agreement shall not be amended
except with the approval of DOES.
H.5.4 The Contractor agrees that at least 51% of the new employees hired to perform the contract shall
be District residents.
H.5.5 The Contractor’s hiring and reporting requirements under the First Source Act and any rules
promulgated thereunder shall continue for the term of the contract.
H.5.6 The CO may impose penalties, including monetary fines of 5% of the total amount of the direct and
indirect labor costs of the contract, for a willful breach of the Employment Agreement, failure to
submit the required hiring compliance reports, or deliberate submission of falsified data.
H.5.7 If the Contractor does not receive a good faith waiver, the CO may also impose an additional
penalty equal to 1/8 of 1% of the total amount of the direct and indirect labor costs of the contract
for each percentage by which the Contractor fails to meet its hiring requirements.
H.5.8 Any contractor which violates, more than once within a 10-year timeframe, the hiring or reporting
requirements of the First Source Act shall be referred for debarment for not more than five (5)
years.
H.5.9 The contractor may appeal any decision of the CO pursuant to this clause to the D.C. Contract
Appeals Board as provided in clause 14, 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 FREEDOM OF INFORMATION ACT
The District of Columbia Freedom of Information Act, at D.C. Official Code §2-532 (a-3), requires
the District to make available for inspection and copying any record produced or collected pursuant
to a District contract with a private contractor to perform a public function, to the same extent as if
the record were maintained by the agency on whose behalf the contract is made. If the Contractor
receives a request for such information, the Contractor shall immediately send the request to the
CA who will provide the request to the FOIA Officer for the agency with programmatic
responsibility in accordance with the D.C. Freedom of Information Act. If the agency with
programmatic responsibility receives a request for a record maintained by the Contractor pursuant
to the contract, the CA will forward a copy to the Contractor. In either event, the Contractor is
required by law to provide all responsive records to the CA within the timeframe designated by the
CA. The FOIA Officer for the agency with programmatic responsibility will determine the
releasability of the records. The District will reimburse the Contractor for the costs of searching
and copying the records in accordance with D.C. Official Code §2-532 and Chapter 4 of Title 1 of
the D.C. Municipal Regulations.
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H.7 SECTION 504 OF THE REHABILITATION ACT OF 1973, as amended
During the performance of the contract, the Contractor and any of its subcontractors shall comply
with Section 504 of the Rehabilitation Act of l973, as amended. This Act prohibits discrimination
against disabled people in federally funded programs and activities. See 29 U.S.C. § 794 et seq.
H.8 AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)
During the performance of the contract, the Contractor and any of its subcontractors shall comply
with the ADA. The ADA makes it unlawful to discriminate in employment against a qualified
individual with a disability.
See 42 U.S.C. §12101 et seq.
H.9 WAY TO WORK AMENDMENT ACT OF 2006
H.9.1 Except as described in H.8. 8 below, the Contractor shall comply with Title I of the Way to Work
Amendment Act of 2006, effective June 9, 2006 (D.C. Law 16-118, D.C. Official Code §2-220.01
et seq.) (“Living Wage Act of 2006”), for contracts for services in the amount of $100,000 or more
in a 12-month period.
H.9.2 The Contractor shall pay its employees and subcontractors who perform services under the contract
no less than the current living wage published on the CFSA website at www.ocp.dc.gov.
H.9.3 The Contractor shall include in any subcontract for $15,000 or more a provision requiring the
subcontractor to pay its employees who perform services under the contract no less than the current
living wage rate.
H.9.4 The Department of Employment Services may adjust the living wage annually and the CFSA will
publish the current living wage rate on its website at www.cfsa.dc.gov.
H.9.5 The Contractor shall provide a copy of the Fact Sheet attached as J.7 to each employee and
subcontractor who performs services under the contract. The Contractor shall also post the Notice
attached as J.6 in a conspicuous place in its place of business. The Contractor shall include in any
subcontract for $15,000 or more a provision requiring the subcontractor to post the Notice in a
conspicuous place in its place of business.
H.9.6 The Contractor shall maintain its payroll records under the contract in the regular course of
business for a period of at least three (3) years from the payroll date, and shall include this
requirement in its subcontracts for $15,000 or more under the contract.
H.9.7 The payment of wages required under the Living Wage Act of 2006 shall be consistent with and
subject to the provisions of D.C. Official Code §32-1301 et seq.
H.9.8 The requirements of the Living Wage Act of 2006 do not apply to:
1) Contracts or other agreements that are subject to higher wage level determinations required
by federal law;
2) Existing and future collective bargaining agreements, provided that the future collective
bargaining agreement results in the employee being paid no less than the established living
wage;
3) Contracts for electricity, telephone, water, sewer or other services provided by a regulated
utility;
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4) Contracts for services needed immediately to prevent or respond to a disaster or eminent
threat to public health or safety declared by the Mayor;
5) Contracts or other agreements that provide trainees with additional services including, but
not limited to, case management and job readiness services; provided that the trainees do not
replace employees subject to the Living Wage Act of 2006;
6) An employee under 22 years of age employed during a school vacation period, or enrolled as
a full-time student, as defined by the respective institution, who is in high school or at an
accredited institution of higher education and who works less than 25 hours per week;
provided that he or she does not replace employees subject to the Living Wage Act of 2006;
7) Tenants or retail establishments that occupy property constructed or improved by receipt of
government assistance from the District of Columbia; provided, that the tenant or retail
establishment did not receive direct government assistance from the District;
8) Employees of nonprofit organizations that employ not more than 50 individuals and qualify
for taxation exemption pursuant to section 501(c)(3) of the Internal Revenue Code of 1954,
approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3);
9) Medicaid provider agreements for direct care services to Medicaid recipients, provided, that
the direct care service is not provided through a home care agency, a community residence
facility, or a group home for mentally retarded persons as those terms are defined in section 2
of the Health-Care and Community Residence Facility, Hospice, and Home Care Licensure
Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code § 44-501); and
10) Contracts or other agreements between managed care organizations and the Health Care
Safety Net Administration or the Medicaid Assistance Administration to provide health
services.
H.9.9 The Mayor may exempt a contractor from the requirements of the Living Wage Act of 2006,
subject to the approval of Council, in accordance with the provisions of Section 109 of the Living
Wage Act of 2006.
H.10 FAIR CRIMINAL RECORD SCREENING
H.10.1 The Contractor shall comply with the provisions of the Fair Criminal Record Screening
Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-152) (the “Act” as used in
this section). This section applies to any employment, including employment on a temporary or
contractual basis, where the physical location of the employment is in whole or substantial part
within the District of Columbia.
H.10.2 Prior to making a conditional offer of employment, the Contractor shall not require an applicant for
employment, or a person who has requested consideration for employment by the Contractor, to
reveal or disclose an arrest or criminal accusation that is not then pending or did not result in a
criminal conviction.
H.10.3 After making a conditional offer of employment, the Contractor may require an applicant to
disclose or reveal a criminal conviction.
H.10.4 The Contractor may only withdraw a conditional offer of employment, or take adverse action
against an applicant, for a legitimate business reason as described in the Act.
H.10.5 This section and the provisions of the Act shall not apply:
(a) Where a federal or District law or regulation requires the consideration of an applicant’s
criminal history for the purposes of employment;
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(b) To a position designated by the employer as part of a federal or District government
program or obligation that is designed to encourage the employment of those with criminal
histories;
(c) To any facility or employer that provides programs, services, or direct care to, children,
youth, or vulnerable adults; or
(d) To employers that employ less than 11 employees.
H.10.6 A person claiming to be aggrieved by a violation of the Act may file an administrative complaint
with the District of Columbia Office of Human Rights, and the Commission on Human Rights may
impose monetary penalties against the Contractor.
H.11 STAFFING REQUIREMENTS
H.111 Staffing Array and Qualifications
H.11.1.1 The Case Management and Family Based Foster Care Agency shall staff its program in
accordance with licensing regulations governing these services in the jurisdiction in which the
program operates, and with those outlined in this section.
H.11.1.2 Staff in positions requiring licensed credentials must demonstrate current and active licensure.
The following outlines the staffing qualifications and credentials required for certain positions
within the organization for all types of Family Based Foster Care, but does not represent a full
staffing array for the organization:
H.11.1.1.2.A Administrator, Director, or Chief Executive Officer of organization with a Ph.D., Psy.D.,
Ed.D., or Masters in Social Work, Psychology, Public Administration, or related field, and a
minimum of three (3) years experience in management of human services organization. Or, a
Bachelor’s degree and five (5) years experience in management of a human services
organization, with particular focus in child welfare residential work with children and youth.
H.11.1.1.2.B Program Director with a Master’s degree in Social Work, Psychology, Public
Administration, or related field; or, Bachelor’s Degree in relevant field and a minimum of four
(4) years of experience in directing programs serving children or adolescents.
H.11.1.1.2.C Supervisory Social Worker(s) with Master’s Degree in Social Work from a school
accredited by the Council of Social Work Education; and possess a LICSW in the jurisdiction
in which services are provided. Prior casework and/or experience working with child welfare
services preferred.
H.11.1.1.2.D Bilingual Social Workers with Bachelor’s Degree in Social Work from a school accredited
by the Council of Social Work Education, and licensed in the jurisdiction in which services are
being delivered.
H.11.4.1.2.E Social Worker Aides or Assistants with Bachelor’s Degree in Social Work or related field,
and one year of experience in services provided to children or youth.
H.11.4.1.2.F The contractor may provide Quality Assurance Services enumerated elsewhere in the
contract utilizing existing staff from within the Contractor’s organization with a Bachelor’s or
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Master’s Degree in Public Administration or Policy, Education, Social Work, or a related field
with experience in data collection and quality assurance.
H.11.4.1.2.G The Contractor shall ensure that the following is performed by existing staff within the
Contractor's organization with qualifications:
Educational and Life Skills Coordinator(s) with a minimum of a Bachelor’s Degree in
relevant field of study. Position facilitates tutoring, mentoring, recreation, counseling
services, life skills, and other services beneficial to positive development.
H.11.4.2 Staff Security Requirements
H.11.4.2.1 The Contractor shall conduct routine, pre-employment child protection and criminal record
background checks of the Contractor’s staff and prospective staff to include consultants
and sub-contracts with access to children. All staff, employees, consultants and sub-
contractors must be cleared through the District of Columbia Metropolitan Police
Department, and the jurisdiction in which they will be providing services. The Contractor
must ensure that employees, consultants and subcontractors obtain FBI and local police
clearances every two (2) years or as required by the jurisdiction in which they will be
providing services, and a Child Protection Registry clearance on an annual basis.
H.11.4.2.2 The Contractor shall not allow unsupervised contact with children by any staff in the
fulfillment of work under this human care agreement unless said person has undergone
both background checks evidencing there are not any convictions of the following:
H.11.4.2.2.1 Child abuse;
H.11.4.2.2.2 Child neglect;
H.11.4.2.2.3 Spousal abuse;
H.11.4.2.2.4 A crime against children, including child pornography;
H.11.4.2.2.5 A crime involving violence, including but not limited to, rape, sexual assault, homicide and
assault;
H.11.4.2.2.6 Or, there is any information that the staff has been identified as a possible abuser or
neglecter in a pending child abuse or neglect case.
H.11.4.2.3 The Contractor shall screen new employees for drug and alcohol abuse, and then conduct
subsequent, continuous testing on a random basis.
H.11.4.2.4 The Contractor shall terminate any staff for which an allegation of any of the following has
been substantiated:
H.11.4.2.4.1 Neglect of children;
H.11.4.2.4.2 Physical abuse of children, families or staff members;
H.11.4.2.4.3 Sexual abuse or harassment of children, families or staff members;
H.11.4.2.4.4 Verbal or emotional abuse of children, families or staff members;
H.11.4.2.4.5 Drug or alcohol use on the premises or with children and families, or such that the staff is
under the influence while on duty;
H.11.4.2.4.6 Failure to report any allegation of child abuse and/or neglect to CFSA and to the
appropriate law enforcement or social service agency in the jurisdiction in which the
allegation occurred.
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H.11.4.2.5 The Contractor shall place a staff on suspension or administrative leave and bar access to
children or youth following an allegation, and during the time of investigation into those
criteria listed in above in Section H.9.4.2.4 of this agreement.
H.11.4.2.6 CFSA will consider as sufficient cause for placement restriction, and possible result in
HCA termination, the Contractor’s failure to dismiss employees for the conditions listed in
Section H.9.4.2.4 of this agreement.
H.11.4.2.7 CFSA retains the right to make additional recommendations on staffing security issues that
may come to its attention during staff record reviews.
H.11.4.3 Staff Training and Development
H.11.4.3.1 The Contractor shall ensure staff can effectively perform the roles and responsibilities
associated with their positions. The Contractor shall ensure that Social Workers, Social
Worker Aides/Assistants and Supervisory Social Workers are trained in accordance with
and in compliance with CWTA Policy required for pre-service and in-service training.
H.11.4.3.1.A New Social Workers and social worker aids/assistants shall receive the required 80 hours
of pre-service training through a combination of classroom and on-the-job training in
assigned units prior to accepting case responsibility.
H.11.4.3.1.B New Supervisors shall receive a minimum of 40 hours or pre-service training on
supervision of child welfare workers within three months of assuming supervisory
responsibility.
H.11.4.3.1.C Previously Hired Social Workers and social worker aids/assistants shall receive annually a
minimum of five (5) full training days (or a minimum of 30 hours) of structured in-service
training geared toward professional development and specific core and advanced
competencies. Contractors may take advantage of CFSA’s provision of this training, or
may elect to obtain the training elsewhere. Documentation must be provided to CFSA
with details of any training obtained by institutions/organizations other than CFSA. Any
costs borne by the Contractor associated with the training should be paid for via the
Combined Services Item.
H.11.4.3.1.D Supervisors, Program Managers and Directors shall receive annually a minimum of 24
hours of structured in-service training.
H.11.4.3.2 The Contractor shall maintain training records, including name and credentials of trainers,
staff attendance and copies of the curriculum.
H.11.4.4 Caseload Parameters
H.11.4.4.1 The Contractor of Traditional and Teen Parent Family Based Foster Care shall assign
caseloads to each Case Managing Social Worker in adherence to the Amend
Implementation Plan guidelines of fifteen (15) cases per Case Managing Social Worker.
The Contractor may maintain caseloads with fewer cases, but the AIP Parameters shall
serve as the maximum numbers allowable. The Contractor shall take dependent children of
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Teen Parents into consideration when assigning caseloads. The dependent child of a Teen occupies
50% of a contracted slot, with per diem paid to the Contractor in accordance with this partial slot
arrangement.
H.11.4.4.2 The Contractor shall ensure Supervisory Social Workers do not manage more than five (5) Case
Managing Social Workers and one (1) Social Work Assistant for a total of six (6) staff.
H.12 CLIENT RECORDS
The client records (with all documents and related volumes) of each client placed with the
Contractor during the term of this agreement shall remain the exclusive property of the
District/CFSA.
H.12.1 ACTIVE CLIENT RECORDS
All active client records shall be reassigned to new ongoing social workers in FACES and the original
active hard copy case record (with all documents and related volumes) physically transferred to the
new ongoing social worker no later than thirty (30) days prior to termination of the agreement. The
Contractor shall provide to the District/CFSA a master listing of all active hard copy client records
being transferred to new ongoing social workers at the time of transfer. The listing shall consist of the
new agency’s name, the client’s name, FACES case number, number of volumes, and the date of
transfer.
H.12.2 CLOSED CLIENT RECORDS
The Contractor shall provide the District/CFSA with all documents and related original client record
volumes for each client formerly placed with the Contractor within thirty (30) days of conclusion of
services. The Contractor shall provide the District/CFSA with all documents and related original client
record volumes for each client placed with the Contractor within thirty (30) days of termination of the
agreement. The Contractor shall provide a master listing of all closed hard copy client records for each
client formerly placed with the Contractor and being transferred back to the District/CFSA at the time
of transfer. The listing shall consist of the client’s name, FACES case number, number of volumes, and
the date of closure.
H.13 HIPAA BUSINESS ASSOCIATE COMPLIANCE
For the purpose of this agreement Child and Family Services (CFSA), a covered component within
the District of Columbia’s Hybrid Entity, will be referred to as a “Covered Entity” as that term is
defined by the Health Insurance Portability and Accountability Act of 1996, as amended
(“HIPAA”) and associated regulations promulgated at 45 CFR Parts 160, 162 and 164 as amended
(the “HIPAA Regulations”); and Contractor as a recipient of Protected Health Information or
electronic Protected Health Information from CFSA, is a “Business Associate” as that term is
defined by HIPAA.
Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those
terms in the HIPAA Regulations.
1. Definitions
a. Business Associate means a person or entity, who, on behalf of the District government or of
an organized health care arrangement (as defined in this section) in which the covered entity
participates, but other than in the capacity of a member of the workforce of the District or
arrangement, creates, receives, maintains, or transmits protected health information for a
function or activity for the District, including claims processing or administration, data
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analysis, processing or administration, utilization review, quality assurance, patient safety
activities listed at 42 CFR 3.20, billing, benefit management, practice management, and
repricing; or provides, other than in the capacity of a member of the workforce of such
covered entity, legal, actuarial, accounting, consulting, data aggregation (as defined in 45
CFR § 164.501), management, administrative, accreditation, or financial services to or for
the District, or to or for an organized health care arrangement in which the District
participates, where the provision of the service involves the disclosure of protected health
information from the District or arrangement, or from another business associate of the
District or arrangement, to the person. A covered entity may be a business associate of
another covered entity.
A Business Associate includes, (i) a Health Information Organization, E-prescribing Gateway, or
other person that provides data transmission services with respect to protected health information to
a covered entity and that requires access on a routine basis to such protected health information; (ii)
a person that offers a personal health record to one or more individuals on behalf of the District;
(iii) a subcontractor that creates, receives, maintains, or transmits protected health information on
behalf of the business associate.
A Business Associate does not include: (i) a health care provider, with respect to disclosures by a
covered entity to the health care provider concerning the treatment of the individual; (ii) a plan
sponsor, with respect to disclosures by a group health plan (or by a health insurance issuer or HMO
with respect to a group health plan) to the plan sponsor, to the extent that the requirements of 45
CFR § 164.504(f) apply and are met; (iii) a government agency, with respect to determining
eligibility for, or enrollment in, a government health plan that provides public benefits and is
administered by another government agency, or collecting protected health information for such
purposes, to the extent such activities are authorized by law; iv) a covered entity participating in an
organized health care arrangement that performs a function, activity or service included in the
definition of a Business Associate above for or on behalf of such organized health care
arrangement.
b. Covered Entity means a health plan, a health care clearinghouse, or a health care provider
who transmits any health information in electronic form in connection with a transaction
covered by 45 5.F.R. Parts 160 and 164 of HIPAA. With respect to this HIPAA Compliance
Clause, Covered Entity shall also include the designated health care components of the
District government’s hybrid entity or a District agency following HIPAA best practices.
c. Data Aggregation means, with respect to Protected Health Information created or received
by a business associate in its capacity as the business associate of a covered entity, the
combining of such Protected Health Information by the business associate with the Protected
Health Information received by the business associate in its capacity as a business associate
of another covered entity, to permit data analyses that relate to the health care operations of
the respective covered entities.
d. Designated Record Set means a group of records maintained by or for the Covered Entity
that are:
i. The medical records and billing records about individuals maintained by or for a covered
health care provider;
ii. The enrollment, payment, claims adjudication, and case or medical management record
systems maintained by or for a health plan; or
iii. Records used, in whole or in part, by or for the Covered Entity to make decisions about
individuals.
e. Health Care means care services, or services, or supplies related to the health of an
individual. Health care includes, but is not limited to, the following:
i. Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, and
counseling, service, assessment, or procedure with respect to the physical or mental
Contract DCRL-2024-H2-0039 Congregate Care Services Page 56 of 85
condition, or functional status, of an individual or that affects the structure or function of
the body; and
i. Sale or dispensing of a drug, device, equipment, or other item in accordance with the
prescription.
f. Health Care Components means a component or a combination of components of a hybrid
entity designated by a hybrid entity. Health Care Components must include non-covered
functions that provide services to the covered functions for the purpose of facilitating the
sharing of Protected Health Information with such functions of the hybrid entity without
business associate agreements or individual authorizations.
g. Health Care Operations shall have the same meaning as the term “health care operations” in
45 5.F.R. § 164.501.
h. Hybrid Entity means a single legal entity that is a covered entity and whose business
activities include both covered and non-covered functions, and that designates health care
components in accordance with 45 5.F.R. § 164.105(a)(2)(iii)(C). A Hybrid Entity is
required to designate as a health care component, any other components of the entity that
provide services to the covered functions for the purpose of facilitating the sharing of
Protected Health Information with such functions of the hybrid entity without business
associate agreements or individual authorizations. The District of Columbia is a Hybrid
Covered Entity. Hybrid Entities are required to designate and include functions, services and
activities within its own organization, which would meet the definition of Business Associate
and irrespective of whether performed by employees of the Hybrid Entity, as part of its
health care components for compliance with the Security Rule and privacy requirements
under this Clause.
i. Record shall mean any item, collection, or grouping of information that includes Protected
Health Information and is maintained, collected, used, or disseminated by or for the Covered
Entity.
j. Individual shall have the same meaning as the term “individual” in 45 5.F.R. § 164.501 and
shall include a person who qualifies as a personal representative in accordance with 45 5.F.R.
§ 164.502(g).
k. Individually Identifiable Health Information is information that is health information,
including demographic information collected from an individual, and;
i. Is created or received by a health care provider, health plan, employer, or health care
clearinghouse;
ii. Relates to the past, present, or future physical or mental health or condition of an
individual; or the past, present, or future payment for the provision of health care to an
individual; and
iii. That identifies the individual or with respect to which there is a reasonable basis to believe
the information can be used to identify the individual.
l. National Provider Identifier (NPI) Rule. “National Provider Identifier” shall mean the
Standard Unique Health Identifier for Healthcare Providers; Final Rule at 45 5.F.R. Part 162.
m. Privacy and Security Official. The person or persons designated by the District of
Columbia, a Hybrid Entity, who is/are responsible for developing, maintaining,
implementing and enforcing the District-wide Privacy Policies and Procedures, and for
overseeing full compliance with the Privacy and Security Rules, and other applicable federal
and state privacy law.
n. Privacy Officer. “Privacy Officer” shall mean the person designated by the District’s
Privacy and Security Official or one of the District’s covered components within its Hybrid
Entity, who is responsible for overseeing compliance with the Covered Agency’s Privacy
Policies and Procedures, the HIPAA Privacy Regulations, HIPAA Security Regulations and
other applicable federal and state privacy law(s). Also referred to as the agency Privacy
Officer, the individual shall follow the guidance of the District’s Privacy and Security
Official, and shall be responsive to and report to the District’s Privacy and Security Official
on matters pertaining to HIPAA compliance.
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o. Privacy Rule. “Privacy Rule” shall mean the Standards for Privacy of Individually
Identifiable Health Information at 45 5.F.R. part 160 and part 164, subparts A and E.
p. Protected Health Information. “Protected Health Information” (PHI) or “Electronic
Protected Health Information” (ePHI) means individually identifiable health information that
is created or received by the Business Associate from or on behalf of the Covered Entity, or
agency following HIPAA best practices, which is:
i. Transmitted by, created or maintained in electronic media; or
ii. Transmitted or maintained in any other form or medium.
PHI does not include information in the records listed in subsection (2) of the definition in 45 5.F.R.
§160.103.Required By Law. “Required By Law” shall have the same meaning as the term “required by law” in 45
5.F.R. § 164.103.
q. Secretary. “Secretary” shall mean the Secretary of the United States Department of Health
and Human Services or his or her designee.
r. Security Officer. The person designated by the Security Official or one of the District of
Columbia’s designated health care components, who are responsible for overseeing
compliance with the Covered Agency’s Privacy Policies and Procedures, the Security Rules,
and other applicable federal and state privacy law(s). The Covered Agency’s security officer
shall follow the guidance of the District’s Security Official, as well as the Associate Security
Official within the Office of the Chief Technology Officer, and shall be responsive to the
same on matters pertaining to HIPAA compliance.
s. Security Rule. “Security Rule” shall mean the Standards for Security of Individually
Identifiable Health Information at 45 5.F.R. part 164.
t. Workforce. “Workforce” shall mean employees, volunteers, trainees, and other persons
whose conduct, in the performance of work for a covered entity or business associate, is
under the direct control of such entity, whether or not they are paid by the covered entity or
business associate.
2. Obligations and Activities of Business Associate
a. The Business Associate agrees not to use or disclose PHI or ePHI (hereinafter “PHI” or
Protected Health Information”) other than as permitted or required by this HIPAA
Compliance Clause or as required by law.
b. The Business Associate agrees to use appropriate safeguards and comply with
administrative, physical, and technical safeguards requirements in 45 5.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 PHI and to prevent use or disclosure of such PHI other than as
provided for by this Clause. Business Associate acknowledges that, pursuant to HITECH,
it must comply with the Security Rule and privacy provisions detailed in this Clause. As
such, Business Associate is under the jurisdiction of the United States Department of
Health and Human Services and is directly liable for its own compliance. A summary of
HIPAA Security Rule standards, found at Appendix A to Subpart C of 45 5.F.R. § 164 is as
follows:
Administrative Safeguards
Security Management Process 164.308(a)(1) Risk Analysis (R)
Risk Management (R)
Sanction Policy (R)
Information System Activity Review (R)
Assigned Security Responsibility 164.308(a)(2) (R)
Workforce Security 164.308(a)(3) Authorization and/or Supervision (A)
Workforce Clearance Procedure
Termination Procedures (A)
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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)
Physical Safeguards
Facility Access Controls 164.310(a)(1) Contingency Operations (A)
Facility Security Plan (A)
Access Control and Validation Procedures
(A)
Maintenance Records (A)
Workstation Use 164.310(b) (R)
Workstation Security 164.310(c) (R)
Device and Media Controls 164.310(d)(1) Disposal (R)
Media Re-use (R)
Accountability (A)
Data Backup and Storage (A)
Technical Safeguards (see § 164.312)
Access Control 164.312(a)(1) Unique User Identification (R)
Emergency Access Procedure (R)
Automatic Logoff (A)
Encryption and Decryption (A)
Audit Controls 164.312(b) (R)
Integrity 164.312(c)(1) Mechanism to Authenticate Electronic
Protected Health Information (A)
Person or Entity Authentication 164.312(d) (R)
Transmission Security 164.312(e)(1) Integrity Controls (A)
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Encryption (A)
b. The Business Associate agrees to name a Privacy and/or Security Officer who is accountable for
developing, maintaining, implementing, overseeing the compliance of and enforcing compliance
with this Clause, the Security Rule and other applicable federal and state privacy law within the
Business Associate’s business. The Business associate reports violations and conditions to the
District-wide Privacy and Security Official and/or the Agency Privacy Officer of the covered
component within the District’s Hybrid Entity.
c. The Business Associate agrees to establish procedures for mitigating, and to mitigate to the extent
practicable, any deleterious effects that are known to the Business Associate of a use or disclosure
of PHI by the Business Associate in violation of the requirements of this Clause.
d. The Business Associate agrees to report to Covered Entity, in writing, any use or disclosure of the
PHI not permitted or required by this HIPAA Compliance Clause or other incident or condition
arising out the Security Rule, including breaches of unsecured PHI as required at 45 CFR
§164.410, to the District-wide Privacy and Security Official or agency Privacy Officer within ten
(10) days from the time the Business Associate becomes aware of such unauthorized use or
disclosure. However, if the Business Associate is an agent of the District (i.e., performing
delegated essential governmental functions), the Business Associate must report the incident or
condition immediately. Upon the determination of an actual data breach, and in consultation with
the District’s Privacy and Security Official, the Business Associate will handle breach notifications
to individuals, the HHS Office for Civil Rights (OCR), and potentially the media, on behalf of the
District.
e. The Business Associate agrees to ensure that any workforce member or any agent, including a
subcontractor, agrees to the same restrictions and conditions that apply through this Clause with
respect to PHI received from the Business Associate, PHI created by the Business Associate, or
PHI received by the Business Associate on behalf of the Covered Entity.
f. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any
subcontractors that create, receive, maintain, or transmit PHI on behalf of the Business Associate
agree to the same restrictions, conditions, and requirements that apply to the Business Associate
with respect to such information
g. Initially, within ten (10) days following the commencement of this Contract, or within ten (10)
days of a new or updated agreement with a subcontractor, the Business Associate agrees to provide
the District a list of all subcontractors who meet the definition of a Business Associate.
Additionally, Business Associate agrees to ensure its subcontractors understanding of liability and
monitor, where applicable, compliance with the Security Rule and applicable privacy provisions in
this Clause.
h. The Business Associate agrees to provide access within five business days, at the request of the
Covered Entity or an Individual, at a mutually agreed upon location, during normal business hours,
and in a format as directed by the District Privacy Official or agency Privacy Officer, or as
otherwise mandated by the Privacy Rule or applicable District of Columbia laws, rules and
regulations, to PHI in a Designated Record Set, to the Covered Entity or an Individual, to facilitate
the District’s compliance with the requirements under 45 5.F.R. §164.524.
i. The Business Associate agrees to make any amendment(s) within five business days to the PHI in a
Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR 164.526 in a
format as directed by the District Privacy Official or agency Privacy Officer in order to facilitate
the District’s compliance with the requirements under 45 5.F.R. §164.526.
j. The Business Associate agrees to use the standard practices of the Covered Entity to verify the
identification and authority of an Individual who requests the PHI in a Designated Record Set of a
recipient of services from or through the Covered Entity. The Business Associate agrees to comply
with the applicable portions of the Identity and Procedure Verification Policy attached hereto as
Exhibit A and incorporated by reference.
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k. The Business Associate agrees to record authorizations and log such disclosures of PHI and
information related to such disclosures as would be required for the Covered Entity to respond to a
request by an Individual for an accounting of disclosures of PHI in accordance with 45 5.F.R. §
164.528 and applicable District of Columbia laws, rules and regulations.
l. The Business Associate agrees to provide to the Covered Entity or an Individual, within five (5)
business days of a request at a mutually agreed upon location, during normal business hours,
and in a format designated by the District’s Privacy and Security Official or agency Privacy
Officer and the duly authorized Business Associate workforce member, information collected in
accordance with Paragraph (i) of this Section above, to permit the Covered Entity to respond to a
request by an Individual for an accounting of disclosures of PHI in accordance with 45 5.F.R. §
164.528, and applicable District of Columbia laws, rules and regulations.
m. The Business Associate agrees to make internal practices, books, and records, including policies
and procedures, and PHI, relating to the use and disclosure of PHI received from the Business
Associate, or created, or received by the Business Associate on behalf of the Covered Entity,
available to the Covered Entity, or to the Secretary, within five (5) business days of their request
and at a mutually agreed upon location, during normal business hours, and in a format
designated by the District Privacy and Security Official or agency Privacy Officer and the duly
authorized Business Associate workforce member, or in a time and manner designated by the
Secretary, for purposes of the Secretary in determining compliance of the Covered Entity with the
Privacy Rule.
n. To the extent the Business Associate is to carry out one or more of Covered Entity's obligation(s)
under Subpart E of 45 CFR Part 164, the Business Associate agrees to comply with the
requirements of Subpart E that apply to the Covered Entity in the performance of such
obligation(s).
o. As deemed necessary by the District, the Business Associate agrees to the monitoring and auditing
of items listed in paragraph 2 of this Clause, as well as data systems storing or transmitting PHI, to
verify compliance.
p. The Business Associate may aggregate PHI in its possession with the PHI of other Covered Entities
that Business Associate has in its possession through its capacity as a Business Associate to other
Covered Entities provided that the purpose of the aggregation is to provide the Covered Entity with
data analyses to the Health Care Operations of the Covered Entity. Under no circumstances may
the Business Associate disclose PHI of one Covered Entity to another Covered Entity absent the
explicit written authorization and consent of the Privacy Officer or a duly authorized workforce
member of the Covered Entity.
q. Business Associate may de-identify any and all PHI provided that the de-identification conforms to
the requirements of 45 5.F.R. § 164.514(b) and any associated HHS guidance. Pursuant to 45
5.F.R. § 164.502(d)(2), de-identified information does not constitute PHI and is not subject to the
terms of this HIPAA Compliance Clause.
3. Permitted Uses and Disclosures by the Business Associate
r. Except as otherwise limited in this HIPAA Compliance Clause, the Business Associate may use or
disclose PHI to perform functions, activities, or services for, or on behalf of, the Covered Entity as
specified in the Contract, provided that such use or disclosure would not violate Subpart E of 45
CFR § 164 if the same activity were performed by the Covered Entity or would not violate the
minimum necessary policies and procedures of the Covered Entity.
s. Except as otherwise limited in this HIPAA Compliance Clause, the Business Associate may use
PHI for the proper management and administration of the Business Associate or to carry out the
legal responsibilities of the Business Associate.
t. Except as otherwise limited in this HIPAA Compliance Clause, the Business Associate may
disclose PHI for the proper management and administration of the Business Associate, provided
that the disclosures are required by law, or the Business Associate obtains reasonable assurances
from the person to whom the information is disclosed that it will remain confidential and used, or
further disclosed, only as required by law, or for the purpose for which it was disclosed to the
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person, and the person notifies the Business Associate of any instances of which it has knowledge
that the confidentiality of the information has been breached.
u. Except as otherwise limited in this HIPAA Compliance Clause, the Business Associate may use
PHI to provide Data Aggregation services to the Covered Entity as permitted by 45 5.F.R. §
164.504(e)(2)(i)(B).
v. Business Associate may use PHI to report violations of the Law to the appropriate federal and
District of Columbia authorities, consistent with 45 5.F.R. § 164.502(j)(1).
1. Additional Obligations of the Business Associate
b. Business Associate shall submit a written report to the Covered Entity that identifies the files and
reports that constitute the Designated Record Set of the Covered Entity. Business Associate shall
submit said written report to the Privacy Officer no later than thirty (30) days after the
commencement of the HIPAA Compliance Clause. In the event that Business Associate utilizes
new files or reports which constitute the Designated Record Set, Business Associate shall notify the
Covered Entity of said event within thirty (30) days of the commencement of the file’s or report’s
usage. The Designated Record Set file shall include, but not be limited to the identity of the
following:
i. Name of the Business Associate of the Covered Entity;
ii. Title of the Report/File;
iii. Confirmation that the Report/File contains Protected Health Information (Yes or No);
iv. Description of the basic content of the Report/File;
v. Format of the Report/File (Electronic or Paper);
vi. Physical location of Report/File;
vii. Name and telephone number of current member(s) of the workforce of the Covered Entity
or other District of Columbia government agency responsible for receiving and processing
requests for Protected Health Information; and
viii. Supporting documents if the recipient/personal representative has access to the Report/File.
c. Business Associate must provide assurances to the Covered Entity that it will continue to employ
sufficient administrative, technical and physical safeguards, as described under the Security Rule,
to protect and secure the Covered Entity’s ePHI entrusted to it. These safeguards include:
i. The Business Associate agrees to administrative, physical, and technical safeguards that
reasonably and appropriately protect the confidentiality, integrity, and availability of the
ePHI that the Business Associate creates, receives, maintains or transmits on behalf of the
covered entity.
ii. The Business Associate agrees to report to the Covered Entity any security incident of
which it becomes aware, including any attempts to access ePHI, whether those attempts
were successful or not.
iii. This Business Associate Agreement may be terminated if the Covered Entity determines
that the Business Associate has materially breached the agreement.
iv. The Business Associate agrees to make all policies and procedures, and documents relating
to security, available to the Secretary of HHS for the purposes of determining the covered
entity’s compliance with HIPAA.
v. This agreement continues in force for as long as the Business Associate retains any access
to the Covered Entity’s ePHI.
vi. With respect to the subset of PHI known as ePHI as defined by HIPAA Security
Standards at 45 5.F.R. Parts 160 and 164, subparts A and C (the "Security Rule"), if in
performing the Services, Business Associate, its employees, agents, subcontractors and any
other individual permitted by Business Associate will have access to any computer system,
network, file, data or software owned by or licensed to Provider that contains ePHI, or if
Business Associate otherwise creates, maintains, or transmits ePHI on Provider’s behalf,
Business Associate shall take reasonable security measures necessary to protect the
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security of all such computer systems, networks, files, data and software. With respect to
the security of ePHI, Business Associate shall: (A) Implement administrative, physical and
technical safeguards that reasonably and appropriately protect the confidentiality, integrity,
and availability of the ePHI that it creates, receives, maintains, or transmits on behalf of the
Provider; (B) Ensure that any agent, including a subcontractor, to whom it provides such
information agrees to implement reasonable and appropriate safeguards to protect it; and
(C) Report to the Provider any security incident of which it becomes aware.
vii. Business Associate agrees not to electronically transmit or permit access to PHI unless
such transmission or access is authorized by this Addendum and the Agreement and further
agrees that it shall only transmit or permit such access if such information is secured in a
manner that is consistent with applicable law, including the Security Rule. For purposes of
this Addendum, “encrypted” shall mean the reversible conversion of readable information
into unreadable, protected form so that only a recipient who has the appropriate “key” can
convert the information back into original readable form. If the Covered Entity stores,
uses or maintains PHI in encrypted form, or in any other secured form acceptable under the
security regulations, Covered Entity shall promptly, at request, provide with the key or
keys to decrypt such information and will otherwise assure that such PHI is accessible by
upon reasonable request.
viii. In the event Business Associate performs functions or activities involving the use or
disclosure of PHI on behalf of Covered Entity that involve the installation or maintenance
of any software (as it functions alone or in combination with any hardware or other
software), Business Associate shall ensure that all such software complies with all
applicable standards and specifications required by the HIPAA Regulations and shall
inform of any software standards or specifications not compliant with the HIPAA
Regulations.
d. At the request of the Covered Entity, the Business Associate agrees to amend this agreement to
comply with all HIPAA mandates.
5. Sanctions
Business Associate agrees that its workforce members, agents and subcontractors who violate the
provisions of HIPAA or other applicable federal or state privacy law will be subject to discipline in
accordance with Business Associate’s Personnel Policy and applicable collective bargaining
agreements. Business Associate agrees to impose sanctions consistent with Business Associate’s
personnel policies and procedures and applicable collective bargaining agreements with respect to
persons employed by it. Members of the Business Associate Workforce who are not employed by
Business Associate are subject to the policies and applicable sanctions for violation of this
Compliance Clause as set forth in business associate agreements. In the event Business Associate
imposes sanctions against any member of its workforce, agents and subcontractors for violation of
the provisions of HIPAA or other applicable federal or state privacy laws, the Business Associate
shall inform the District Privacy Official or the agency Privacy Officer of the imposition of
sanctions.
6. Obligations of the Covered Entity
a. The Covered Entity shall notify the Business Associate of any limitation(s) in its Notice of Privacy
Practices of the Covered Entity in accordance with 45 5.F.R. § 164.520, to the extent that such
limitation may affect the use or disclosure of PHI by the Business Associate.
b. The Covered Entity shall notify the Business Associate of any changes in, or revocation of,
permission by the Individual to the use or disclosure of PHI, to the extent that such changes may
affect the use or disclosure of PHI by the Business Associate.
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c. The Covered Entity shall notify the Business Associate of any restriction to the use or disclosure of
PHI that the Covered Entity has agreed to in accordance with 45 5.F.R. § 164.522, to the extent that
such restriction may affect the use or disclosure of PHI by the Business Associate.
7. Permissible Requests by Covered Entity
Covered Entity shall not request the Business Associate to use or disclose PHI in any manner that
would not be permissible under the Privacy Rule and Subpart E of 45 CFR § 164 if done by the
Covered Entity.
8. Representations and Warranties.
The Business Associate represents and warrants to the Covered Entity:
a. That it is duly organized, validly existing, and in good standing under the laws of the jurisdiction in
which it is organized or licensed, it has the full power to enter into this HIPAA Compliance Clause
and it, its employees, agents, subcontractors, representatives and members of its workforce are
licensed and in good standing with the applicable agency, board, or governing body to perform its
obligations hereunder, and that the performance by it of its obligations under this HIPAA
Compliance Clause has been duly authorized by all necessary corporate or other actions and will
not violate any provision of any license, corporate charter or bylaws;
b. That it, its employees, agents, subcontractors, representatives and members of its workforce are in
good standing with the District of Columbia, that it, its employees, agents, subcontractors,
representatives and members of its workforce will submit a letter of good standing from the District
of Columbia, and that it, its employees, agents, subcontractors, representatives and members of its
workforce have not been de-barred from being employed as a contractor by the federal government
or District of Columbia;
c. That neither the execution of this HIPAA Compliance Clause, nor its performance hereunder, will
directly or indirectly violate or interfere with the terms of another agreement to which it is a party,
or give any governmental entity the right to suspend, terminate, or modify any of its governmental
authorizations or assets required for its performance hereunder. The Business Associate represents
and warrants to the Covered Entity that it will not enter into any agreement the execution or
performance of which would violate or interfere with this HIPAA Compliance Clause;
d. That it is not currently the subject of a voluntary or involuntary petition in bankruptcy, does not
currently contemplate filing any such voluntary petition, and is not aware of any claim for the filing
of an involuntary petition;
e. That all of its employees, agents, subcontractors, representatives and members of its workforce,
whose services may be used to fulfill obligations under this HIPAA Compliance Clause are or shall
be appropriately informed of the terms of this HIPAA Compliance Clause and are under legal
obligation to the Business Associate, by contract or otherwise, sufficient to enable the Business
Associate to fully comply with all provisions of this HIPAA Compliance Clause. Modifications or
limitations that the Covered Entity has agreed to adhere to with regards to the use and disclosure of
PHI of any individual that materially affects or limits the uses and disclosures that are otherwise
permitted under the Privacy Rule will be communicated to the Business Associate, in writing, and
in a timely fashion;
f. That it will reasonably cooperate with the Covered Entity in the performance of the mutual
obligations under this Contract;
g. That neither the Business Associate, nor its shareholders, members, directors, officers, agents,
subcontractors, employees or members of its workforce have been excluded or served a notice of
exclusion or have been served with a notice of proposed exclusion, or have committed any acts
which are cause for exclusion, from participation in, or had any sanctions, or civil or criminal
penalties imposed under, any federal or District healthcare program, including but not limited to
Medicare or Medicaid, or have been convicted, under federal or District law (including without
limitation following a plea of nolo contendere or participation in a first offender deferred
adjudication or other arrangement whereby a judgment of conviction has been withheld), of a
Contract DCRL-2024-H2-0039 Congregate Care Services Page 64 of 85
criminal offense related to (a) the neglect or abuse of a patient, (b) the delivery of an item or
service, including the performance of management or administrative services related to the delivery
of an item or service, under a federal or District healthcare program, (c) fraud, theft, embezzlement,
breach of fiduciary responsibility, or other financial misconduct in connection with the delivery of
a healthcare item or service or with respect to any act or omission in any program operated by or
financed in whole or in part by any federal, District or local government agency, (d) the unlawful,
manufacture, distribution, prescription or dispensing of a controlled substance, or (e) interference
with or obstruction of any investigation into any criminal offense described in (a) through (d)
above. The Business Associate further agrees to notify the Covered Entity immediately after the
Business Associate becomes aware that any of the foregoing representations and warranties may be
inaccurate or may become incorrect
9. Term and Termination
a. Term. The requirements of this HIPAA Compliance Clause shall be effective as of the date of the
contract award, and shall terminate when all of the PHI provided by the Covered Entity to the
Business Associate, or created or received by the Business Associate on behalf of the Covered
Entity, is confidentially destroyed or returned to the Covered Entity within five (5) business days of
its request. The PHI shall be returned in a format mutually agreed upon by and between the Privacy
Official and/or Privacy Officer or his or her designee and the appropriate and duly authorized
workforce member of the Business Associate.; If it is infeasible to return or confidentially destroy
the PHI, protections shall be extended to such information, in accordance with the termination
provisions in this Section and communicated to the Privacy Official or Privacy Officer or his or her
designee. The requirement to return PHI to the District at the end of the contract term or if the
contract is terminated applies irrespective of whether the Business Associate is also a covered
entity under HIPAA. Where a business associate is also a covered entity, PHI provided by the
District, or created or received by the Business Associate on behalf of the District, a duplicate of
the record may be acceptable if mutually agreed.
b. Termination for Cause. Upon the Covered Entity's knowledge of a material breach of this HIPAA
Compliance Clause by the Business Associate, the Covered Entity shall either:
i. Provide an opportunity for the Business Associate to cure the breach or end the violation
and terminate the Contract if the Business Associate does not cure the breach or end the
violation within the time specified by the Covered Entity; or
ii. Immediately terminate the Contract if the Business Associate breaches a material term of
this HIPAA Compliance Clause and a cure is not possible.
If neither termination nor cure is feasible, the Covered Entity shall report the violation to the Secretary.
c. Effect of Termination.
i. Except as provided in paragraph (ii) of this section, upon termination of the Contract, for
any reason, the Business Associate shall return in a mutually agreed upon format or
confidentially destroy all PHI received from the Covered Entity, or created or received by
the Business Associate on behalf of the Covered Entity within five (5) business days of
termination. This provision shall apply to PHI that is in the possession of all
subcontractors, agents or workforce members of the Business Associate. The Business
Associate shall retain no copies of PHI in any form.
ii. In the event that the Business Associate determines that returning or destroying the PHI is
infeasible, the Business Associate shall provide written notification to the Covered Entity
of the conditions that make the return or confidential destruction infeasible. Upon
determination by the agency Privacy Officer that the return or confidential destruction of
the PHI is infeasible, the Business Associate shall extend the protections of this HIPAA
Compliance Clause to such PHI and limit further uses and disclosures of such PHI for so
long as the Business Associate maintains such PHI. Additionally, the Business Associate
shall:
(1) Retain only that PHI which is necessary for Business Associate to continue its proper
management and administration or to carry out its legal responsibilities;
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(2) Return to covered entity, or, if agreed to by covered entity, destroy the remaining PHI that
the business associate still maintains in any form;
(3) Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with
respect to ePHI to prevent use or disclosure of the PHI, other than as provided for in this
Section, for as long as Business Associate retains the PHI;
(4) Not use or disclose the PHI retained by Business Associate other than for the purposes for
which such PHI was retained and subject to the same conditions set out at 45 5.F.R. §
164.502(j)(1) which applied prior to termination; and
(5) Return to covered entity or, if agreed to by covered entity, destroy the PHI retained by
Business Associate when it is no longer needed by Business Associate for its proper
management and administration or to carry out its legal responsibilities.
The obligations outlined in Section 2. Obligations and Activities of Business Associate shall
survive the termination of this Contract.
10. Miscellaneous
a. Regulatory References. A reference in this HIPAA Compliance Clause to a section in the Privacy
Rule means the section as in effect or as amended.
b. Amendment. The Parties agree to take such action as is necessary to amend this HIPAA
Compliance Clause from time to time as is necessary for the Covered Entity to comply with the
requirements of the Privacy Rule and HIPAA. Except for provisions required by law as defined
herein, no provision hereof shall be deemed waived unless in writing and signed by duly authorized
representatives of the Parties. A waiver with respect to one event shall not be construed as
continuing, or as a bar to or waiver of any other right or remedy under this HIPAA Compliance
Clause.
c. Survival. The respective rights and obligations of the Business Associate under Section 9. Term
and Termination of this HIPAA Compliance Clause and the sections of the Standard Contract
Provisions for use with the District of Columbia Government Supply and Services Contracts
covering Default and Termination for the Convenience of the District shall survive termination of
the Contract.
d. Interpretation. Any ambiguity in this HIPAA Compliance Clause shall be resolved to permit
compliance with applicable federal and District of Columbia laws, rules and regulations, and the
HIPAA Rules, and any requirements, rulings, interpretations, procedures, or other actions related
thereto that are promulgated, issued or taken by or on behalf of the Secretary; provided that
applicable federal and District of Columbia laws, rules and regulations shall supersede the Privacy
Rule if, and to the extent that they impose additional requirements, have requirements that are more
stringent than or provide greater protection of patient privacy or the security or safeguarding of PHI
than those of the HIPAA Rules.
The terms of this HIPAA Compliance Clause amend and supplement the terms of the Contract, and
whenever possible, all terms and conditions in this HIPAA Compliance Clause are to be
harmonized. In the event of a conflict between the terms of the HIPAA Compliance Clause and the
terms of the Contract, the terms of this HIPAA Compliance Clause shall control; provided,
however, that this HIPAA Compliance Clause shall not supersede any other federal or District of
Columbia law or regulation governing the legal relationship of the Parties, or the confidentiality of
records or information, except to the extent that the Privacy Rule preempts those laws or
regulations. In the event of any conflict between the provisions of the Contract (as amended by
this HIPAA Compliance Clause) and the Privacy Rule, the Privacy Rule shall control.
e. No Third-Party Beneficiaries. The Covered Entity and the Business Associate are the only parties
to this HIPAA Compliance Clause and are the only parties entitled to enforce its terms. Except for
the rights of individuals, as defined herein, to have access to and amend their PHI, and to an
accounting of the uses and disclosures thereof, in accordance with Paragraphs (2)(f), (g) and (j),
Contract DCRL-2024-H2-0039 Congregate Care Services Page 66 of 85
nothing in the HIPAA Compliance Clause gives, is intended to give,, or shall be construed to give
or provide any benefit or right, whether directly, indirectly, or otherwise, to third persons.
f. Compliance with Applicable Law. The Business Associate shall comply with all federal and
District of Columbia laws, regulations, executive orders and ordinances, as they may be amended
from time to time during the term of this HIPAA Compliance Clause and the Contract; to the extent
they are applicable to this HIPAA Compliance Clause and the Contract.
g. Governing Law and Forum Selection. This Contract shall be construed broadly to implement and
comply with the requirements relating to the Privacy Rule, and other applicable laws and
regulations. All other aspects of this Contract shall be governed under the laws of the District of
Columbia. The Covered Entity and the Business Associate agree that all disputes which cannot be
amicably resolved by the Covered Entity and the Business Associate regarding this HIPAA
Compliance Clause shall be litigated before the District of Columbia Contract Appeals Board, the
District of Columbia Court of Appeals, or the United States District Court for the District of
Columbia having jurisdiction, as the case may be. The Covered Entity and the Business Associate
expressly waive any and all rights to initiate litigation, arbitration, mediation, negotiations and/or
similar proceedings outside the physical boundaries of the District of Columbia and expressly
consent to the jurisdiction of the above tribunals.
h. Indemnification. The Business Associate shall indemnify, hold harmless and defend the Covered
Entity from and against any and all claims, losses, liabilities, costs, and other expenses incurred as
a result or arising directly or indirectly out of or in connection with (a) any misrepresentation,
breach of warranty or non-fulfillment of any undertaking of the Business Associate under this
HIPAA Compliance Clause; and (b) any claims, demands, awards, judgments, actions and
proceedings made by any person or organization, arising out of or in any way connected with the
performance of the Business Associate under this HIPAA Compliance Clause.
i. Injunctive Relief. Notwithstanding any rights or remedies under this HIPAA Compliance Clause
or provided by law, the Covered Entity retains all rights to seek injunctive relief to prevent or stop
the unauthorized use or disclosure of PHI by the Business Associate, its workforce, any of its
subcontractors, agents, or any third party who has received PHI from the Business Associate.
j. Assistance in litigation or administrative proceedings. The Business Associate shall make itself
and any agents, affiliates, subsidiaries, subcontractors or its workforce assisting the Business
Associate in the fulfillment of its obligations under this HIPAA Compliance Clause and the
Contract, available to the Covered Entity, to testify as witnesses, or otherwise, in the event of
litigation or administrative proceedings being commenced against the Covered Entity, its directors,
officers or employees based upon claimed violation of HIPAA, the Privacy Rule or other laws
relating to security and privacy, except where the Business Associate or its agents, affiliates,
subsidiaries, subcontractors or its workforce are a named adverse party.
k. Notices. Any notices between the Parties or notices to be given under this HIPAA Compliance
Clause shall be given in writing and delivered by personal courier delivery or overnight courier
delivery, or by certified mail with return receipt requested, to the Business Associate or to the
Covered Entity, to the addresses given for each Party below or to the address either Party hereafter
gives to the other Party. Any notice, being addressed and mailed in the foregoing manner, shall be
deemed given five (5) business days after mailing. Any notice delivered by personal courier
delivery or overnight courier delivery shall be deemed given upon notice upon receipt.
If to the Business Associate, to If to the Covered Entity, to
________________________ Child and Family Services
Attention: ________________ Dionne Bryant, Privacy Officer
Email: _____________________ Washington, D.C. 20003
Dionne Bryant@dc.gov
l. Headings. Headings are for convenience only and form no part of this HIPAA Compliance Clause
and shall not affect its interpretation.
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m. Counterparts; Facsimiles. This HIPAA Compliance Clause may be executed in any number of
counterparts, each of which shall be deemed an original. Facsimile copies hereof shall be deemed
to be originals.
n. Successors and Assigns. The provisions of this HIPAA Compliance Clause shall be binding upon
and shall inure to the benefit of the Parties hereto and their respective successors and permitted
assigns, if any.
o. Severance. In the event that any provision of this HIPAA Compliance Clause is held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this
HIPAA Compliance Clause will remain in full force and effect. In addition, in the event a Party
believes in good faith that any provision of this HIPAA Compliance Clause fails to comply with
the then-current requirements of the Privacy Rule, such party shall notify the other Party in writing,
in the manner set forth in Section 10. Miscellaneous, Paragraph k. Notices. Within ten (10)
business days from receipt of notice, the Parties shall address in good faith such concern and
amend the terms of this HIPAA Compliance Clause, if necessary, to bring it into compliance. If,
after thirty (30) days, the HIPAA Compliance Clause fails to comply with the Privacy Rule, then
either Party has the right to terminate this HIPAA Compliance Clause upon written notice to the
other Party.
p. Independent Contractor. The Business Associate will function as an independent contractor and
shall not be considered an employee of the Covered Entity for any purpose. Nothing in this
HIPAA Compliance Clause shall be interpreted as authorizing the Business Associate workforce,
its subcontractor(s) or its agent(s) or employee(s) to act as an agent or representative for or on
behalf of the Covered Entity.
q. Entire Agreement. This HIPAA Compliance Clause, as may be amended from time to time
pursuant to Section 10. Miscellaneous, Paragraph b. Amendment, which incorporates by reference
the Contract, and specific procedures from the District of Columbia Department of Health Privacy
Policy Operations Manual, constitutes the entire agreement and understanding between the Parties
and supersedes all prior oral and written agreements and understandings between them with respect
to applicable District of Columbia and federal laws, rules and regulations, HIPAA and the Privacy
Rule, and any rules, regulations, requirements, rulings, interpretations, procedures, or other actions
related thereto that are promulgated, issued or taken by or on behalf of the Secretary.
Attachments:
Exhibit A Identity and Procedure Verification
H.14 CRIMINAL BACKGROUND AND TRAFFIC RECORDS CHECKS FOR
CONTRACTORS THAT PROVIDE DIRECT SERVICES TO CHILDREN OR YOUTH
H.14.1 A contractor that provides services as a covered child or youth services provider, as defined in
section 202(3) of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004,
effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code § 4-1501.01 et seq.), as amended
(in this section, the “Act”), shall obtain criminal history records to investigate persons applying for
employment, in either a compensated or an unsupervised volunteer position, as well as its current
employees and unsupervised volunteers. The Contractor shall request criminal background checks
for the following positions: any position that may have direct or unsupervised contact with any
CFSA children or youth.
H.14.2 The Contractor shall also obtain traffic records to investigate persons applying for employment, as
well as current employees and volunteers, when that person will be required to drive a motor
vehicle to transport children in the course of performing his or her duties. The Contractor shall
request traffic records for the following positions: any position that may have direct or
unsupervised contact with any CFSA children or youth.
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H.14.3 The Contractor shall inform all applicants requiring a criminal background check that a criminal
background check must be conducted on the applicant before the applicant may be offered a
compensated position or an unsupervised volunteer position.
H.14.4 The Contractor shall inform all applicants requiring a traffic records check that a traffic records
check must be conducted on the applicant before the applicant may be offered a compensated
position or a volunteer position.
H.14.5 The Contractor shall obtain from each applicant, employee and unsupervised volunteer:
1) a written authorization which authorizes the District to conduct a criminal background check;
2) a written confirmation stating that the Contractor has informed him or her that the District is
authorized to conduct a criminal background check;
3) a signed affirmation stating whether or not they have been convicted of a crime, pleaded nolo
contendere, are on probation before judgment or placement of a case upon a stet docket, or have
been found not guilty by reason of insanity, for any sexual offenses or intra-family offenses in
the District or their equivalent in any other state or territory, or for any of the following felony
offenses or their equivalent in any other state or territory:
i. Murder, attempted murder, manslaughter, or arson;
ii. Assault, assault with a dangerous weapon, mayhem, malicious disfigurement, or threats to
do bodily harm;
iii. Burglary;
iv. Robbery;
v. Kidnapping;
vi. Illegal use or possession of a firearm;
vii. Sexual offenses, including indecent exposure; promoting, procuring, compelling, soliciting,
or engaging in prostitution; corrupting minors (sexual relations with children); molesting;
voyeurism; committing sex acts in public; incest; rape; sexual assault; sexual battery; or
sexual abuse; but excluding sodomy between consenting adults;
viii. Child abuse or cruelty to children; or
ix. Unlawful distribution of or possession with intent to distribute a controlled substance;
4) a written acknowledgement stating that the Contractor has notified them that they are entitled to
receive a copy of the criminal background check and to challenge the accuracy and completeness
of the report; and
5) a written acknowledgement stating that the Contractor has notified them that they may be denied
employment or a volunteer position, or may be terminated as an employee or volunteer based on
the results of the criminal background check.
H.14.6 The Contractor shall inform each applicant, employee and unsupervised volunteer that a false
statement may subject them to criminal penalties.
H.14.7 Prior to requesting a criminal background check, the Contractor shall provide each applicant,
employee, or unsupervised volunteer with a form or forms to be utilized for the following
purposes:
A. To authorize the Metropolitan Police Department (MPD), or designee, to conduct the criminal
background check and confirm that the applicant, employee, or unsupervised volunteer has been
informed that the Contractor is authorized and required to conduct a criminal background check;
B. To affirm whether or not the applicant, employee, or unsupervised volunteer has been convicted
of a crime, has pleaded nolo contendere, is on probation before judgment or placement of a case
Contract DCRL-2024-H2-0039 Congregate Care Services Page 69 of 85
upon a stet docket, or has been found not guilty by reason of insanity for any sexual offenses or
intra-family offenses in the District or their equivalent in any other state or territory of the United
States, or for any of the felony offenses described in paragraph H.11.5(C);
C. To acknowledge that the applicant, employee, or unsupervised volunteer has been notified of his
or her right to obtain a copy of the criminal background check report and to challenge the
accuracy and completeness of the report;
D. To acknowledge that the applicant may be denied employment, assignment to, or an
unsupervised volunteer position for which a criminal background check is required based on the
outcome of the criminal background check; and
E. To inform the applicant or employee that a false statement on the form or forms may subject
them to criminal penalties pursuant to D.C. Official Code §22-2405.
H.14.8 The Contractor shall direct the applicant or employee to complete the form or forms and notify the
applicant or employee when and where to report to be fingerprinted.
H.14.9 Unless otherwise provided herein, the Contractor shall request criminal background checks from
the Chief, MPD (or designee), who shall be responsible for conducting criminal background
checks, including fingerprinting.
H.14.10 The Contractor shall request traffic record checks from the Director, Department of Motor
Vehicles DMV) (or designee), who shall be responsible for conducting traffic record checks.
H.14.11 The Contractor shall provide copies of all criminal background and traffic check reports to the CA
within one business day of receipt.
H.14.12 The Contractor shall pay for the costs for the criminal background and traffic record checks,
pursuant to the requirements set forth by the MPD and DMV. The District shall not make any
separate payment for the cost of criminal background and traffic record checks.
H.14.13 The Contractor may make an offer of appointment to, or assign a current employee or applicant to,
a compensated position contingent upon receipt from the CO of the CA’s decision after his or her
assessment of the criminal background or traffic record check.
H.14.14 The Contractor may not make an offer of appointment to an unsupervised volunteer whose position
brings him or her into direct contact with children until it receives from the contracting officer the
CA’s decision after his or her assessment of the criminal background or traffic record check.
H.14.15 The Contractor shall not employ or permit to serve as an unsupervised volunteer an applicant or
employee who has been convicted of, has pleaded nolo contendere to, is on probation before
judgment or placement of a case on the stet docket because of, or has been found not guilty by
reason of insanity for any sexual offenses involving a minor.
H.14.16 Unless otherwise specified herein, the Contractor shall conduct periodic criminal background
checks upon the exercise of each option year of this contract for current employees and
unsupervised volunteer in the positions listed in sections H.11.1 and H.11.2.
H.14.17 An employee or unsupervised volunteer may be subject to administrative action including, but not
limited to, reassignment or termination at the discretion of the CA after his or her assessment of a
criminal background or traffic record check.
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H.14.18 The CA shall be solely responsible for assessing the information obtained from each criminal
background and traffic records check report to determine whether a final offer may be made to each
applicant or employee. The CA shall inform the CO of its decision, and the CO shall inform the
Contractor whether an offer may be made to each applicant.
H.14.19 If any application is denied because the CA determines that the applicant presents a present danger
to children or youth, the Contractor shall notify the applicant of such determination and inform the
applicant in writing that she or he may appeal the denial to the Commission on Human Rights
within thirty (30) days of the determination.
H.14.20 Criminal background and traffic record check reports obtained under this section shall be
confidential and are for the exclusive use of making employment-related determinations. The
Contractor shall not release or otherwise disclose the reports to any person, except as directed by
the CO.
H.15 STAFF CLEARANCES
H.15.1 The Contractor shall ensure that all staff, sub-contractors, and or volunteers have been cleared
through the Child Protection Registry where they have resided, been employed or had significant
contact with for the past ten years. Child Protective Registry (CPR) clearances must be up-dated
annually.
H.15.2 The Contractor shall ensure that all staff, sub-contractors, and or volunteers have been cleared
through the Federal Bureau of Investigation and the Local Police Department (s) in the jurisdiction
in which they have resided for the five (5) years prior to the employment under this contract.
H.15.3 The contractor shall ensure that all direct staff including but not limited to consultants do not have
any prior criminal record of convictions for child abuse, neglect, molestation, rape, sexual abuse,
drug usage, drug involvement, felony conviction, or any crime pertaining to children. Anyone
found to have such conviction shall be terminated immediately. Certification of such action is to
be provided to the Agency within five (5) days
H.15.4 Within thirty (30) days of contract award and whenever new staff or volunteers are recruited, the
Contractor shall submit to the CA a copy of their Criminal and Child Protection Registry Clearance
to ensure that staff do not possess any neglect abuse or criminal history.
H.15.5 Within thirty (30) days of contract award and whenever new staff or volunteers are recruited, the
Contractor shall submit to the CA a copy of the current health certificates for each person to
establish the absence of any communicable diseases.
H.16 RECORD MAINTENANCE
H.16.1 The Contractor shall maintain written job descriptions covering all positions funded under the
contract, as well as for those occupied by sub-contractors and volunteers. The job descriptions will
include education, experience, and/or licensing/certification criteria, description of duties and
responsibilities and performance evaluation criteria. Such documentation must be maintained at all
times and be available for inspection by CFSA officials upon request.
H.16.2 The Contractor shall maintain a current organization chart for all functions funded under the
Contract, which displays organizational relationships and demonstrates who has the responsibility
for administrative oversight and program supervision. Such documentation must be maintained at
all times and be available for inspection by CFSA officials upon request.
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H.17 INDEMNIFICATION
Standard Contract Provisions for use with District of Columbia Government Supplies and Services
Contracts dated July 2010 is hereby amended by adding the following:
The duty to indemnify covers any claim against the District and its employees for its alleged
failure to monitor and/or supervise the contractor where the underlying claim arises from the
conduct, actions and/or omissions of the contractor, and its officers, employees, subcontractors
and/or agents.
H.18 SEXUAL HARASSMENT
During the performance of this contract, the Contractor and any of its subcontractors shall abide by
the District of Columbia Human Rights Act including its prohibitions on sexual harassment,
consistent with 4 DCMR 1100 et seq.
H.19 ECONOMIC PRICE ADJUSTMENT
H.19.1 The Contractor shall submit a single price for CLIN’s 0001(a & b) - 0002 of the contract base
period. The District will adjust the prices either, upward or downward, as appropriate.
Adjustments shall only be made annually at the time of exercise of options.
H.19.2 The District shall use the most current data available for the Consumer Price Index for all Urban
Consumers (CPI-U) U.S. city average, All Items category, not seasonally adjusted.
H.19.3 CPIs do not correspond to a specific day, week or month but are for a single month and there is
about a two-week lag from the reference month to the date on which the index is released (that is,
the CPI for May is released in mid-June).
H.19.4 The following formula and index shall be used to determine the level of adjustment to the current
contract price. The price at the date of contract award shall be the reference period from which
changes in the CPI-U will be measured. The revised price shall be calculated as follows:
H.19.4.1 CPI-U at time of adjustment, divided by the CPI-U, all items category at time of contract award,
multiplied by the unit price will equal the adjusted unit price.
H.19.4.2 The increased contract unit price shall be effective on the effective date of the option term.
H.19.4.3 The Contracting Officer shall modify this contract:
(1) to include the price adjustment and its effective date and
(2) to revise the unit prices
H.19.4.4 Any price adjustment under this clause is subject to the following limitations:
(1) Any adjustment shall be limited to the effect on unit prices of the increases or
decreases in the unit prices as shown in the Price Schedule.
(2) The aggregate of the increases in any contract unit price made under this clause
shall not exceed five percent of the original unit price. There is no percentage
limitation on the amount of decreases that may be made under this clause.
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H.19.4.5 The Contracting Officer may examine the Contractor’s books, records, and other supporting data
relevant to the cost of labor (including fringe benefits) and material during all reasonable times
until the end of the 5 years after the date of payment under this contract.
H.20 RESERVED
H.21 USE OF DISTRICT FUNDS
A contractor or provider may not use government funds to support or engage in inherently religious
activities, including religious worship, instruction, or proselytization. A contractor or provider or
its staff providing government-funded services may not in the provision of such services, including
in the screening or acceptance of participants in the government-funded services, promote, endorse
or favor religious beliefs over nonreligious beliefs, disparage religious beliefs or non-beliefs,
express judgment regarding religious beliefs or non-beliefs, or seek to influence the beliefs of those
receiving services. Faith-based contractors and providers must take steps to separate, in time or
location, their inherently religious activities from the government-funded services that they
offer. Faith-based contractors and providers shall not coerce participants or subject participants to
any consequences for not participating in any religious or faith-based programs offered by a
contractor or provider.
H.22 UNEMPLOYED ANTI-DISCRIMINATION
H.22.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C. Official
Code § 32-1361 et seq.
H.22.2 The Contractor shall not:
(a) Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an employee
because of the individual's status as unemployed; or
(b) Publish, in print, on the Internet, or in any other medium, an advertisement or announcement
for any vacancy in a job for employment that includes:
(1) Any provision stating or indicating that an individual's status as unemployed disqualifies the
individual for the job; or
(2) Any provision stating or indicating that an employment agency will not consider or hire an
individual for employment based on that individual's status as unemployed.
H.22.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties as
described in the Act.
H.23 AUDITS AND RECORDS
H.23.1 Records. As used in this clause, “records” includes books, documents, accounting procedures and
practices, and other data, regardless of type and regardless of whether such items are in written
form, in the form of computer data, or in any other form.
H.23.2 Examination of Costs: If this is a cost-reimbursement, incentive, time-and-materials, labor-hour,
or price re-determinable contract, or any combination of these, the Contractor shall maintain and
the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the
right to examine and audit all records and other evidence sufficient to reflect properly all costs
Contract DCRL-2024-H2-0039 Congregate Care Services Page 73 of 85
claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of
this contract. This right of examination shall include inspection at all reasonable times of the
Contractor’s plants, or parts of them, engaged in performing the contract.
H.23.3 Cost or Pricing Data: The Contractor shall submit cost or pricing data in connection with any
pricing action relating to this contract, the Contracting Officer, or an authorized representative of
the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or
pricing data, shall have the right to examine and audit all of the Contractor’s records, including
computations and projections, related to:
a. The statement of qualifications for the contract, subcontract, or modification;
b. The discussions conducted on the statement of qualifications, including those related to
negotiating;
c. Pricing of the contract, subcontract, or modification; or
d. Performance of the contract, subcontract or modification.
H.23.4 Comptroller General
H.23.4.1 The Comptroller General of the United States, or an authorized representative, shall have access to
and the right to examine any of the Contractor’s directly pertinent records involving transactions
related to this contract or a subcontract hereunder.
H.23.4.2 This paragraph may not be construed to require the Contractor or subcontractor to create or
maintain any record that the Contractor or subcontractor does not maintain in the ordinary course
of business or pursuant to a provision of law
H.23.4.3 Reports: If the Contractor is required to furnish cost, funding, or performance reports, the
Contracting Officer or an authorized representative of the Contracting Officer shall have the right
to examine and audit the supporting records and materials, for the purpose of evaluating:
a. The effectiveness of the Contractor’s policies and procedures to produce data
compatible with the objectives of these reports; and
b. The data reported
H.23.4.4 Availability: The Contractor shall make available at its office at all reasonable times the records,
materials, and other evidence described in clauses H.21.1 – H.21.4.3, for examination, audit, or
reproduction, until three (3) years after final payment under this contract or for any shorter period
specified in the solicitation, or for any longer period required by statute or by other clauses of this
contract. In addition:
If this contract is completely or partially terminated, the Contractor shall make available the
records relating to the work terminated until 3 years after any resulting final termination settlement;
and
The Contractor shall make available records relating to appeals under the Disputes clause or to
litigation or the settlement of claims arising under or relating to this contract until such appeals,
litigation, or claims are finally resolved
H.23.4.5 The Contractor shall insert a clause containing all the terms of this clause, including this section
H.21.4.5, in all subcontracts under this contract that exceed the small purchase threshold of
$100,000, and:
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a. That is cost-reimbursement, incentive, time-and-materials, labor-hour, or price re-
determinable type or any combination of these;
b. For which cost, or pricing data are required; or
c. That requires the subcontractor to furnish reports described in H.21.4.3
H.24 MANDATORY, UNUSUAL, AND MAJOR INCIDENT REPORTING
H.24.1 MANDATORY INCIDENTS
H.24.1.1 The Provider shall report any alleged child abuse, neglect or other risk to residents’ health and
safety to the CFSA Hotline (202-671-SAFE).
H.24.1.2 The Provider shall follow the procedures and requirements outlined in 29 DCMR Chapter 60
licensing regulations for mandatory reporting of unusual incidents, abuse, neglect or other risks to
the foster child’s health or safety and in accordance with CFSA policy on unusual incidents and
critical events.
H.24.2 UNUSUAL INCIDENTS
H.24.2.1 The Contractor shall file an unusual incident report any time the client and/or staff has
engaged in the event that is significantly distinct from normal routine or procedure of the
Client, the program, the staff, or any person relevant to the resident.
H.24.2.2 The Contractor shall file an unusual incident report by fax or e-mail, as CFSA may direct,
to the CFSA hotline, social worker, supervisory social worker and program manager of the
Division. The facility must report any alleged child abuse, neglect or other risk to residents' health
and safety to the CFSA hotline.
H.24.2.3 The Contractor shall notify the Contract Administrator of the occurrences of any unusual
incident shall be emailed or faxed to the CA within 24 hours of occurrence, as follows:
H.24.2.3.1 The initial report of the unusual incident must be telefaxed to the within twenty-four (24) hours of the
occurrence of the unusual incident
H.24.2.3.2 The date, time, place, person(s) involved, and a brief description of the incident shall be included in
the initial report.
H.24.2.3.3 A full written report of the unusual incident addressing steps taken to resolve the problem shall be
forwarded to the Contract Administrator (CA) within five (5) days of occurrence of the unusual
incident.
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H.24.3 MAJOR INCIDENTS
H.24.3.1 The Contractor shall file a major incident report any time the client and/or staff has
engaged in the event raises immediate concerns from the determination of the provider agency
regarding the health and safety of any consumer, or employee. A form and training will be
provided thirty days after the award of the contract.
H.24.3.2 The Contractor shall file a follow-up major incident report within 10 days of a major
incident.
H.25 COLLABORATION WITH CFSA
H.25.1 The Contractor shall be responsible for developing and maintaining a cooperative partnership with
the staff of CFSA to ensure the planning and service provision is a cooperative process.
H.25.2 The Contractor shall accept referrals for placement from staff of the CFSA’s Administration of
Clinical, Education and Family Services. CFSA wards are to be provided services under this
contract may not be referred by any other source. The Contractor's acceptance of referrals from any
other source may be a basis for Termination for Default.
H.25.3 The Contractor shall provide recommendations regarding appropriate contact with family and life-
long connections.
H.25.4 The Contract Administrator will monitor the work of the Contractor.
H.25.5 The Contractor shall ensure the manner in which staff will be provided guidance and supervision,
policies and protocols, and shall collaborate with CFSA staff and remain in compliance with
existing CFSA policies and procedures. These areas shall include, but not be limited to the
following:
H.25.5.1 The implementation of services and. programs for wards;
H.25.5.2 The referral, placement, and discharge of wards;
H.25.5.3 Court and administrative reviews;
H.25.5.4 The development and updating of case plans, service plans and ITPs; and
H.25.5.5 Permanency planning for children.
H.26 TRANSITION PERIOD
H.26.1 In the event of either termination or expiration of this contract, the Contractor shall assist the
Agency in the smooth and orderly transition of the children in its care to a new contractor. This
time shall be identified as the Transition Period.
H.26.2 The CFSA Contract Administrator will provide the Contractor, no later than (60) days prior to the
start of the transition period, a Transition Plan, which at a minimum, lists all children to be moved
with anticipated moving dates.
H.26.3 During the Transition Period, the Contractor shall cooperate with the Contract Administrator to
ensure that all children and families continue to receive the services enumerated in this contract.
H.26.4 The Contractor shall continue to provide the services as described in this contract during the
Transition period. The Contractor shall continue to follow the billing procedures outlined in
Section G of this contract.
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H.26.5 The Transition Period shall be no more sixty-one (61) days from either the termination date of
services or the expiration date of the contract. If the Transition Period is utilized due to the
expiration of the contract, the Contractor is to submit the final invoice within 30 days of the
contract expiration date.
H.27 RESERVED
**END OF SECTION H**
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SECTION I: HUMAN CARE AGREEMENT CLAUSES
I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS
The Standard Contract Provisions for use with District of Columbia Government Supplies and Services
Contracts dated July 2010 are incorporated as Attachment J.1, resulting from this human care
agreement.
I.2 HUMAN CARE AGREEMENTS THAT CROSS FISCAL YEARS
Continuation of this human care agreement beyond the current fiscal year is contingent upon future
fiscal appropriations.
I.3 CONFIDENTIALITY OF INFORMATION
I.3.1 All information obtained by the Contractor relating to any employee or customer of the District will be
kept in absolute confidence and shall not be used by the Contractor in connection with any other
matters, nor shall any such information be disclosed to any other person, firm, or corporation, in
accordance with the District and Federal laws governing the confidentiality of records.
I.3.2 All services or treatment provided by the Contractor through referrals by the District to the Contractor
shall be provided in a confidential manner and the Contractor shall not release any information relating
to a recipient of the services or otherwise as to the provision of those services or treatment to any
individual other than an official of the District connected with the provision of services under this
human care agreement, except upon the written consent of the individual referral, or in the case of a
minor, the custodial parent or legal guardian of the individual referral.
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
I.5.1 “Data,” as used herein, means recorded information, regardless of form or the media on which it may
be recorded. The term includes technical data and computer software. The term does not include
information incidental to human care agreement administration, such as financial, administrative, cost
or pricing, or management information.
I.5.2 The term “Technical Data”, as used herein, means recorded information, regardless of form or
characteristic, of a scientific or technical nature. It may, for example, document research,
experimental, developmental or engineering work, or be usable or used to define a design or process or
to procure, produce, support, maintain, or operate material. The data may be graphic or pictorial
delineations in media such as drawings or photographs, text in specifications or related performance or
design type documents or computer printouts. Examples of technical data include research and
engineering data, engineering drawings and associated lists, specifications, standards, process sheets,
manuals, technical reports, catalog item identifications, and related information, and computer software
documentation. Technical data does not include computer software or financial, administrative, cost
and pricing, and management data or other information incidental to human care agreement
administration.
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I.5.3 The term “Computer Software”, as used herein means computer programs and computer databases.
“Computer Programs”, as used herein means a series of instructions or statements in a form acceptable
to a computer, designed to cause the computer to execute an operation or operations. "Computer
Programs" include operating systems, assemblers, compilers, interpreters, data management systems,
utility programs, sort merge programs, and automated data processing equipment maintenance
diagnostic programs, as well as applications programs such as payroll, inventory control and
engineering analysis programs. Computer programs may be either machine-dependent or machine-
independent, and may be general purpose in nature or designed to satisfy the requirements of a
particular user.
I.5.4 The term "computer databases", as used herein, means a collection of data in a form capable of being
processed and operated on by a computer.
I.5.5 All data first produced in the performance of this human care agreement shall be the sole property of
the District. The Contractor hereby acknowledges that all data, including, without limitation, computer
program codes, produced by Contractor for the District under this human care agreement, are works
made for hire and are the sole property of the District; but, to the extent any such data may not, by
operation of law, be works made for hire, Contractor hereby transfers and assigns to the District the
ownership of copyright in such works, whether published or unpublished. The Contractor agrees to
give the District all assistance reasonably necessary to perfect such rights including, but not limited to,
the works and supporting documentation and the execution of any instrument required to register
copyrights. The Contractor agrees not to assert any rights in common law or in equity in such data.
The Contractor shall not publish or reproduce such data in whole or in part or in any manner or form,
or authorize others to do so, without written consent of the District until such time as the District may
have released such data to the public.
I.5.6 The District will have restricted rights in data, including computer software and all accompanying
documentation, manuals and instructional materials, listed or described in a license or agreement made
a part of this human care agreement, which the parties have agreed will be furnished with restricted
rights, provided however, notwithstanding any contrary provision in any such license or agreement,
such restricted rights shall include, as a minimum, the right to:
I.5.6.1 Use the computer software and all accompanying documentation and manuals or instructional materials
with the computer for which or with which it was acquired, including use at any District installation to
which the computer may be transferred by the District;
I.5.6.2 Use the computer software and all accompanying documentation and manuals or instructional materials
with a backup computer if the computer for which or with which it was acquired is inoperative;
I.5.6.3 Copy computer programs for safekeeping (archives) or backup purposes; and modify the computer
software and all accompanying documentation and manuals or instructional materials, or combine it
with other software, subject to the provision that the modified portions shall remain subject to these
restrictions.
I.5.7 The restricted rights set forth in section I.5.6 are of no effect unless the data is marked by the
Contractor with the following legend:
RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure is subject to restrictions stated in Human Care Agreement No.
________________________________________________________________________
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with _________________________________________________(Contractor’s Name); and
If the data is computer software, the related computer software documentation includes a prominent
statement of the restrictions applicable to the computer software. The Contractor may not place any
legend on the computer software indicating restrictions on the District’s rights in such software unless
the restrictions are set forth in a license or agreement made a part of the human care agreement prior to
the delivery date of the software. Failure of the Contractor to apply a restricted rights legend to such
computer software shall relieve the District of liability with respect to such unmarked software.
I.5.8 In addition to the rights granted in Section I.5.6 above, the Contractor hereby grants to the District a
nonexclusive, paid-up license throughout the world, of the same scope as restricted rights set forth in
Section I.5.6 above, under any copyright owned by the Contractor, in any work of authorship prepared
for or acquired by the District under this human care agreement. Unless written approval of the
Contracting Officer is obtained, the Contractor shall not include in technical data or computer software
prepared for or acquired by the District under this human care agreement any works of authorship in
which copyright is not owned by the Contractor without acquiring for the District any rights necessary
to perfect a copyright license of the scope specified in the first sentence of this paragraph.
I.5.9 Whenever any data, including computer software, are to be obtained from a subcontractor under this
human care agreement, the Contractor shall use this clause, I.5, Rights in Data, in the subcontract,
without alteration, and no other clause shall be used to enlarge or diminish the District’s or the
Contractor’s rights in that subcontractor data or computer software which is required for the District.
I.5.10 For all computer software furnished to the District with the rights specified in Section I.5.5, the
Contractor shall furnish to the District, a copy of the source code with such rights of the scope specified
in Section I.5.5. For all computer software furnished to the District with the restricted rights specified
in Section I.5.6, the District, if the Contractor, either directly or through a successor or affiliate shall
cease to provide the maintenance or warranty services provided the District under this human care
agreement or any paid-up maintenance agreement, or if Contractor should be declared bankrupt or
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 then current version of the source code supplied under this human care
agreement, 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.
I.5.11 The Contractor shall indemnify and save and hold harmless the District, its officers, agents and
employees acting within the scope of their official duties against any liability, including costs and
expenses, (i) for violation of proprietary rights, copyrights, or rights of privacy, arising out of the
publication, translation, reproduction, delivery, performance, use or disposition of any data furnished
under this human care agreement, or (ii) based upon any data furnished under this human care
agreement, or based upon libelous or other unlawful matter contained in such data.
I.5.12 Nothing contained in this clause shall imply a license to the District under any patent, or be construed
as affecting the scope of any license or other right otherwise granted to the District under any patent.
I.5.13 Paragraphs I.5.6, I.5.7, I.5.8, I.5.11 and I.5.12 above are not applicable to material furnished to the
Contractor by the District and incorporated in the work furnished under human care agreement,
provided that such incorporated material is identified by the Contractor at the time of delivery of such
work.
I.6 OTHER CONTRACTORS
The Contractor shall not commit or permit any act that will interfere with the performance of work by
another District contractor or by any District employee.
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I.7 SUBCONTRACTS
The Contractor hereunder shall not subcontract any of the Contractor’s work or services to any
subcontractor without the prior written consent of the Contracting Officer. Any work or service so
subcontracted shall be performed pursuant to a subcontract agreement, which the District will have the
right to review and approve prior to its execution by the Contractor. Any such subcontract shall specify
that the Contractor and the subcontractor shall be subject to every provision of this human care
agreement. Notwithstanding any such subcontract approved by the District, the Contractor shall
remain liable to the District for all Contractor's work and services required hereunder.
I.8 INSURANCE
I.8.1 GENERAL REQUIREMENTS. The Contractor shall procure and maintain, during the entire period of
performance under this HCA, the types of insurance specified below. The Contractor shall have its
insurance broker or insurance company submit a Certificate of Insurance to the Contracting Officer
giving evidence of the required coverage prior to commencing performance under this HCA. 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 Contracting Officer. 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 Contractor shall require all of its subcontractors to carry the
same insurance required herein. The Contractor shall ensure that all policies provide that the
Contracting Officer 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 Contractor shall provide the Contracting Officer with ten
(10) days prior written notice in the event of non-payment of premium.
I.8.1.1 Commercial General Liability Insurance. The Contractor shall provide evidence satisfactory to the
Contracting Officer with respect to the services performed that it carries $1,000,000 per occurrence
limits; $2,000,000 aggregate; 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 contractors. The 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
Contractor shall maintain Completed Operations coverage for five (5) years following final acceptance
of the services performed under this HCA.
I.8.1.2 Automobile Liability Insurance. The Contractor shall provide automobile liability insurance to cover
all owned, hired or non-owned motor vehicles used in conjunction with the performance of this HCA.
The policy shall provide a $1,000,000 per occurrence combined single limit for bodily injury and
property damage.
I.8.1.3 Workers’ Compensation Insurance. The Contractor shall provide Workers’ Compensation insurance
in accordance with the statutory mandates of the District of Columbia or the jurisdiction in which the
HCA is performed.
I.8.1.4 Employer’s Liability Insurance. The Contractor 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.
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I.8.1.5 Umbrella or Excess Liability Insurance. The Contractor shall provide umbrella or excess liability
(which is excess over employer’s liability, general liability, and automobile liability) insurance as
follows: $5,000,000 per occurrence, including the District of Columbia as additional insured.
I.8.1.6 Professional Liability Insurance (Errors & Omissions). The Contractor shall provide Professional
Liability Insurance (Errors and Omissions) to cover liability resulting from any error or omission in the
performance of professional services under this HCA. The policy shall provide limits of $1,000,000 per
occurrence for each wrongful act and $3,000,000 annual aggregate. The Contractor shall maintain this
insurance for five (5) years following the District’s final acceptance of the work performed under this
HCA.
I.8.1.7 Crime Insurance (3rd Party Indemnity). The Contractor shall provide a 3rd Party Crime policy to
cover the dishonest acts of Contractor’s employees which result in a loss to the District. The policy
shall provide a limit of $10,000 per occurrence. This coverage shall be endorsed to name the District of
Columbia as joint-loss payee, as their interests may appear.
I.8.1.8 Cyber Liability Insurance – The Contractor shall provide Cyber Liability Insurance, with limits not
less than $2,000,000 per occurrence or claim, $2,000,000 aggregate, Coverage shall e sufficiently
broad to respond the duties and obligations as is undertaken by Contractor in this agreement and shall
include, but not limited to, claims involving infringement of intellectual property, including but not
limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information
theft, damage to order 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 response to these obligations.
I.8.1.9 Sexual/Physical Abuse & Molestation. The Contractor shall provide evidence satisfactory to the
Contracting Officer with respect to the services performed that it carries $1,000,000 per occurrence
limits; $2,000,000 aggregate. The policy coverage shall include the District of Columbia as an
additional insured. This insurance requirement will be considered met if the general liability insurance
includes sexual abuse and molestation coverage for the required amounts.
I.8.1.10 All Risk Property Insurance. The Contractor shall provide all risk property insurance on all building
and content of the facilities utilized to house children referred by CFSA, including business
interruption, providing coverage on a replacement cost basis, as applicable.
I.8.1.11 DURATION. The Contractor shall carry all required insurance until all HCA work is accepted by the
District, and shall carry the required General Liability; any required Professional Liability; and any
required Employment Practices Liability insurance for five (5) years following final acceptance of the
work performed under this HCA.
I.8.1.12 LIABILITY. These are the required minimum insurance requirements established by the District of
Columbia. HOWEVER, THE REQUIRED MINIMUM INSURANCE REQUIREMENTS PROVIDED
ABOVE, WILL NOT IN ANY WAY LIMIT THE CONTRACTOR’S LIABILITY UNDER THIS
HCA.
I.8.1.13 CONTRACTOR’S PROPERTY. Contractor and subcontractors are solely responsible for any loss or
damage to their personal property, including but not limited to tools and equipment, scaffolding and
temporary structures, rented machinery, or owned and leased equipment. A waiver of subrogation shall
apply in favor of the District of Columbia.
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I.8.11.14 MEASURE OF PAYMENT. The District shall not make any separate measure or payment for the cost
of insurance and bonds. The Contractor shall include all of the costs of insurance and bonds in the
HCA price.
I.8.1.15 NOTIFICATION. The Contractor shall immediately provide the Contracting Officer with written
notice in the event that its insurance coverage has or will be substantially changed, canceled or not
renewed, and provide an updated certificate of insurance to the Contracting Officer.
I.8.2 CERTIFICATES OF INSURANCE. The Contractor shall submit certificates of insurance giving
evidence of the required coverage as specified in the Insurance Section prior to commencing work.
Evidence of insurance shall be submitted to:
Ebony Terrell
Agency Chief Contracting Officer
Child and Family Services Agency
200 I Street, S.E., Suite 2030
Washington, D.C. 20003
Phone: (202) 724-5300
Email: ebony.terrell@dc.gov
I.9 CONTINUITY OF SERVICES
I.9.1 The Contractor recognizes that the services provided under this HCA are vital to the District of
Columbia and must be continued without interruption and that, upon HCA expiration or termination, a
successor, either the District or another contractor, at the District’s option, may continue to provide
these services. To that end, the Contractor agrees to:
I.9.1.1 Furnish phase-out, phase-in (transition) training; and
I.9.1.2 Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.
I.9.2 The Contractor shall, upon the Contracting Officer’s written notice:
I.9.2.1 Furnish phase-in, phase-out services for up to 90 days after this HCA expires and
I.9.2.2 Negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-
out services required. The plan shall specify a training program and a date for transferring
responsibilities for each division of work described in the plan, and shall be subject to the Contracting
Officer’s approval.
I.9.3 The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to
ensure that the services called for by this HCA are maintained at the required level of proficiency.
I.9.4 The Contractor shall allow as many personnel as practicable to remain on the job to help the successor
maintain the continuity and consistency of the services required by this HCA. The Contractor also
shall disclose necessary personnel records and allow the successor to conduct on-site interviews with
these employees. If selected employees are agreeable to the change, the Contractor shall release them
at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.
I.9.5 Only in accordance with a modification issued by the Contracting Officer, the Contractor shall be
reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period
after HCA expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a
pro rata portion of the fee (profit) under this HCA.
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I.10 ACCESS TO RECORDS
I.10.1 The Contractor shall retain all case records, financial records, supporting documents, statistical records,
and any other documents (including electronic storage media) pertinent to the human care agreement
for a period of five (5) years after termination of the human care agreement, or if an audit has been
initiated and audit findings have not been resolved at the end of five (5) years, the records shall be
retained until resolution of the audit findings or any litigation which may be based on the terms of the
HCA.
I.10.2 The Contractor shall assure that these records shall be subject at all reasonable times to inspection,
review, or audit by Federal, District, or other personnel duly authorized by the Contracting Officer.
I.10.3 Persons duly authorized by the Contracting Officer shall have full access to and the right to examine
any of the Contractor’s human care agreement and related records and documents, regardless of the
form in which kept, at all reasonable times for as long as records are retained.
I.11 CONTRACTS IN EXCESS OF ONE MILLION DOLLARS
Any HCA in excess of $l,000,000 shall not be binding or give rise to any claim or demand against the
District until approved by the Council of the District of Columbia and signed by the Contracting
Officer.
I.12 CAMPAIGN FINANCE REFORM
I.12.1 Mandatory Certification
I.12.1.1 The Contractor shall certify that it has read and is in compliance with the Campaign Finance
Reform Amendment Act of 2018, effective March 13, 2019 (D.C. Law 22-250; D.C. Official
Code § 1-1001.03 et seq.). This certification is included in the Bidder/Offeror Certification
Form.
I.12.1.2 The Contractor shall re-certify prior to the exercise of any option period that it has read and is
in compliance with the Campaign Finance Reform Amendment Act of 2018, effective March
13, 2019 (D.C. Law 22-250; D.C. Official Code § 1-1001.03 et seq.). This certification is
included in the Bidder/Offeror Certification Form.
I.12.2 Reporting Contractor’s Principals
Contractors shall inform the contracting officer of any change to its principals during the term
of the contract within thirty (30) days of its occurrence.
I.12.3 Prohibited Contributions
I.12.3.1 For contracts with a maximum aggregate value (the total sum of the contract ceiling for the
base period and any subsequent option periods) of between $250,000 and up to and including
$1,000,000 and a base period of performance of 1 year or less, neither the Contractor nor any
of its principals may make any contribution to the Mayor, any candidate for Mayor, any
political committee affiliated with the Mayor or a candidate for Mayor, or any constituent
service program affiliated with the Mayor for the period from the date of contract award
through one year after the contract ends or is terminated.
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I.12.3.2 For contracts with a maximum aggregate value (the total sum of the contract ceiling for the
base period and any subsequent option periods) of over $1,000,000 or with a base period of
longer than 1 year, neither the Contractor nor any of its principals may make any contribution
to the Mayor, any candidate for Mayor, any political committee affiliated with the Mayor or a
candidate for Mayor, any constituent service program affiliated with the Mayor, any
Councilmember, any candidate for Councilmember, any political committee affiliated with a
Councilmember or a candidate for Councilmember, or any constituent-service program
affiliated with a Councilmember for the period from the date of contract award through one
year after the contract ends or is terminated.
I.13 ARTIFICIAL INTELLIGENCE (AI)
I.13.1 Any use of artificial intelligence (AI) powered tools and capabilities, including tools that
improve grammar, create meeting summaries, or assist with task identification, may be used
only with prior written authorization from CFSA and in accordance with the Office of Chief
Technology Officer (OCTO) AI/ML Adoption and/or Usage Guidelines (Guidelines) available
at AI/ML Adoption and/or Usage Guidelines | Octo. To request authorization, the user must
submit the information described in each of the eight Guidelines to the Contract Administrator.
The Contractor understands that CFSA is currently in the process of implementing AI
governance procedures and policies. Once implemented, the parties will modify the contract to
incorporate, and Contractor agrees it will perform in accordance with, these procedures and
policies as applicable.
I.14 ORDER OF PRECEDENCE
The contract awarded as a result of this contract will contain the following clause:
I.14.1 A conflict in language shall be resolved by giving precedence to the document in the highest
order of priority that contains language addressing the issue in question. The following documents
are incorporated into the contract by reference and made a part of the contract in the following
order of precedence:
1. Contract document
2. Standard Contract Provisions for use with Supplies and Services Contracts, dated July 2010
3. Contract attachments other than the Standard Contract Provisions
4. HCA, as amended
5. BAFOs (in order of most recent to earliest)
6. Proposal
** END OF SECTION I**
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SECTION J: LIST OF ATTACHMENTS
Attachment
Number Document
J.1
Government of the District of Columbia Standard Contract Provisions for
Use with the Supplies and Services Contracts (July 2010) available at
www.ocp.dc.gov click on “Required Solicitation Documents” under
“Required Attachments”
J.2
U.S. Department of Labor Wage Determination No.: 2015-4281 Revision
No. 33, Dated 04/25/2025.
https://sam.gov/wage-determination/2015-4281/33
J.3 HCA Contractor Qualifications Record (CQR), Form 1900
J.4 Office of Human Rights and Mayor’s Order 85-85
J.5 Department of Employment Services First Source Initial First Source
Employment Agreement available in
J.6 Department of Employment Services First Source Initial First Source
Employment Agreement available in
J.7
Way to Work Amendment Act of 2006 – 2024 Living Wage Notice
available at www.ocp.dc.gov click on “Required Solicitation Documents”
under “Required Attachments”
J.8
Way to Work Amendment Act of 2006 – 2024 Living Wage Fact Sheet
available at www.ocp.dc.gov click On “Required Solicitation Documents”
under “Required Attachments”
J.9 Clean Hands Certification (current within 90 days)
J.10 Current Business License
J.11 Campaign Finance Reform Contractor Self-Certification Form
J.12 Budget Template and Standard Instructions signed 05/09/2025
J.13
Amendment 001, dated 01/13/2025
Amendment 002, dated 01/22/202
Amendment 003, dated 01/27/2025
Amendment 004, dated 01/29/2025
Amendment 005, dated 03/27/2025
**END OF SECTION J**