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‘MURIELBOWSERMAYOR
July2,2025
Honorable PhilMendelson:
Chairman
Councilof the Districtof Columbia
John A. Wilson Building
1350 PennsylvaniaAvenue, NW, Suite504
Washington,DC 20004
Dear Chairman Mendelson:
Pursuantto section451 of the Districtof Columbia Home Rule Act (D.C. OfficialCode § 1-
204.51)and section202 of theProcurement PracticesReform Act of 2010 (D.C.OfficialCode §
2-352.02),enclosedforconsiderationand approvalby the Councilof the Districtof Columbia is
proposed Contract No. GAGA-2025-T-0258 with MilestoneTherapeuticServices,Inc.in the
amountof $1,208,620. The periodof performanceisfrom August 1,2025,throughJune 30,2026.
Undertheproposedcontract,MilestoneTherapeuticServices,Inc.willprovideoccupationaltherapyandphysicaltherapyservicestoDistrictofColumbiaPublicSchools(“DCPS”).
My administrationisavailabletodiscussanyquestionsyoumayhaveregardingtheproposedcontract.Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasehaveyourstaffcontactLaVetaHilton,DeputyChiefProcurementOfficer,DCPS,at(202)442-5136.
TookforwardtotheCouneil’sfavorableconsiderationofthiscontract.
Sincerely,
‘ielRowser
1
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement
Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Standard, tipping, retroactive without changes, and multiyear)
(A) Contract Number: GAGA-2025-T-0258
Proposed Contractor: Milestone Therapeutic Services, Inc. (“the
Contractor”)
Proposed Contractor’s Principals: Alicia Nti, OTD, OTR/L, EIS, Director
Contract Amount: $1,208,620.00
Unit and Method of Compensation: Fixed Price CLINs
Term of Contract: August 1, 2025, through June 30, 2026
Type of Contract: Requirements Contract
Source Selection Method: Cooperative Purchasing
(B) For a contract containing option periods, the contract amount for the base period and for
each option period. If the contract amount for one or more of the option periods differs from
the amount for the base period, provide an explanation of the reason for the difference:
Base Period Amount: $1,208,620.00
Option Period 1 Amount: N/A
(C) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:
The Contractor shall provide school-based occupational therapy (OT) and physical therapy (PT)
services to approximately 2000 students during the traditional school year and summer extended
school year to supplement DCPS’ employed OT and PT staff. They will deliver planned OT and
PT services to improve student performance and consistency of therapy, collaborating to achieve
2
maximum efficiency and student outcomes as outlined in the DCPS OT and PT Program
Guidebook. All contracted OT services for students with MTSS Plans, IEPs, and Section 504
plans will adhere to Section 4.5 standards, integrating therapies into the educational environment
using a multidisciplinary team approach. Additionally, OT services will be provided for students
in DCPS schools, Project Search Programs, Workforce Development Programs, Head Start
Centers, and the Home Hospital Instruction Program.
(D) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:
This Task Order has been awarded as a Cooperative Purchase against the Baltimore County
Public Schools (BCPS) Contract Number JBO-714-22-014, in accordance with the Code of the
District of Columbia, § 2–354.11, Cooperative Purchasing.
(E) A description of any bid protest related to the award of the contract, including whether the
protest was resolved through litigation, withdrawal of the protest by the protestor, or
voluntary corrective action by the District. Include the identity of the protestor, the grounds
alleged in the protest, and any deficiencies identified by the District as a result of the protest:
There were no protests related to the award of the contract.
(F) A description of any other contracts the proposed contractor is currently seeking or holds
with the District:
Milestone Therapeutic Services, Inc., the Contractor, currently holds with the District the Contract
Number GAGA-2023-T-0426 Speech Pathology Services.
(G) The background and qualifications of the proposed contractor, including its organization,
financial stability, personnel, and performance on past or current government or private
sector contracts with requirements similar to those of the proposed contract:
Milestone Therapeutic Services, Inc., 1160 Varnum Street, NE, Suite 315, Washington, DC
20017. The headquarters is located at 10 G Street NE, Suite 600, Washington, DC 20002.
Milestone Therapeutic Services, Inc., was established on January 31, 2007, with 17 years in
business with one employee.
Milestone Therapeutic Services, Inc., has the ability to comply with existing commercial and
governmental commitments and possesses the necessary organizational, accounting, and
operations experience and technical skills to fulfill the requirements of this contract:
• assessment
• consultation, and
• intervention services in the areas of occupational therapy in an urban school
setting for an estimated 2,000 DCPS students
3
(H) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
D.C. Official Code § 2-218.01 et seq. (“Act”), including a certification that the subcontracting
plan meets the minimum requirements of the Act and the dollar volume of the portion of the
contract to be subcontracted, expressed both in total dollars and as a percentage of the total
contract amount:
Milestone Therapeutic Services, Inc., is a certified business enterprise in the District, and will
perform 100% of the work under the contract.
(I) Performance standards and the expected outcome of the proposed contract:
Milestone Therapeutic Services, Inc., is expected to work closely with the Office of Teaching and
Learning (OTL), Division of Specialized Instruction (DSI). The expected outcome of the proposed
contract is for Milestone Therapeutic Services, Inc., to provide the District of Columbia Public
Schools with occupational and physical therapy, assessment, consultation, and intervention
services.
(J) The amount and date of any expenditure of funds by the District pursuant to the contract
prior to its submission to the Council for approval:
None.
(K) A certification that the proposed contract is within the appropriated budget authority for the
agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:
The DCPS agency fiscal officer has certified 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. Two
funding certificates are attached, dated April 29, 2025, and May 16, 2025.
(L) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
The Office of the Attorney General has reviewed and approved the proposed contract for legal
sufficiency. The proposed contractor has no pending legal claims against the District.
(M) A certification that Citywide Clean Hands database indicates that the proposed contractor is
current with its District taxes. If the Citywide Clean Hands Database indicates that the
proposed contractor is not current with its District taxes, either: (1) a certification that the
contractor has worked out and is current with a payment schedule approved by the District;
or (2) a certification that the contractor will be current with its District taxes after the District
recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b):
4
According to the Citywide Clean Hands Database, the contractor is current with its District taxes.
The Certificate of Clean Hands, dated May 27, 2025, is attached.
(N) A certification from the proposed contractor that it is current with its federal taxes, or has
worked out and is current with a payment schedule approved by the federal government:
Based on the information provided in the Bidder Offeror Certification form, Milestone Therapeutic
Services, Inc., certified that the organization is current with its federal taxes.
(O) (1) A certification that the proposed contractor has been determined not to be in violation of
section 334a of the Board of Ethics and Government Accountability Establishment and
Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a; and
(2) A certification from the proposed contractor that it currently is not and will not be in
violation of section 334a of the Board of Ethics and Government Accountability
Establishment and Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official
Code § 1-1163.34a:
According to the Bidder Offeror Certification submitted on March 4, 2025, the proposed contractor
is not and will not be in violation of Section 334a of the Board of Ethics and Government
Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, DC
Official Code 1-1163.34.
(P) The status of the proposed contractor as a certified local, small, or disadvantaged business
enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
Development and Assistance Act of 2005, as amended; D.C. Official Code § 2-218.01 et seq.:
Milestone Therapeutic Services, Inc., is a certified business enterprise in the District of Columbia.
(Q) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None.
(R) A statement indicating whether the proposed contractor is currently debarred from providing
services or goods to the District or federal government, the dates of the debarment, and the
reasons for debarment:
Milestone Therapeutic Services, Inc., is not on the Federal Excluded Parties List, or the Office of
Contracting and Procurement Excluded Parties List dated June 10, 2025.
(S) Any determination and findings issues relating to the contract’s formation, including any
determination and findings made under D.C. Official Code § 2-352.05 (privatization
contracts):
o Determination and Findings for Cooperative Purchasing
o Determination and Findings for Contractor Responsibility
5
o Determination and Findings for Price Reasonableness
(T) Where the contract, and any amendments or modifications, if executed, will be made
available online:
https://dcps.dc.gov/page/doing-business-dcps.
(U) Where the original solicitation, and any amendments or modifications, will be made available
online:
https://dcps.dc.gov/page/doing-business-dcps.
1101 4th Street, SW
Washington, DC 20024
Date of Notice: May 27, 2025 L0014289136Notice Number:
FEIN: **-***7092
Case ID: 18614989
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
MILESTONE THERAPEUTIC SERVICES, INC
1160 VARNUM ST NE STE 315
WASHINGTON DC 20017-2103
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
1200 First Street, NE | Washington, DC 20002 | T 202. 442. 5885 | F 202. 442. 5026 | dcps.dc.gov
Funding Certification
Division of Contracts and Acquisitions
1200 First Street NE, 9th Floor, Washington, DC 20002
(202) 442‐5112/Fax (202) 442‐5634
1. Prepared by: Noam Kosofsky, Manager, OFS
2. Office/School: OTL - DSI
3. FY25 Funding Certification Date(s): 8/1/2025 ‐ 9/30/2025
4. Summary of Proposed Procurement: Occupational and Physical Therapist services
5. If contract has been awarded:
• Contractor: Milestone Therapeutics
• Contract Number: GAGA-2025-T-0258
• RK Number: RK303058
• PO Number: TBD
• FY25 Contract Dates: 8/1/2025 ‐ 6/30/2026
F
unding Information:
AGENCY
GA0 if DCPS
GD0 if OSSE
FISCAL
YEAR FUND ACCOUNT PROGRAM COST
CENTER PROJECT AWARD AMOUNT
GA0 FY25 1010001 7132001 400008 40086 $193,130.00
Total $193,130.00
I hereby certify that the above referenced contract is within the appropriated budget authority for the agency and is consistent
with the financial plan and budget adopted in accordance with DC Official Code §§ 47‐392.01 and 47‐392.02 for the District of
Columbia Public Schools for the applicable period of performance. The funding obligation for Fiscal Year 2025 is subject to
Congressional approval.
4/
29/25
Date
DCPS AFO/Budget Officer
Name
Certification of Funding
Office of Fiscal Strategy
1200 First Street NE, 9th Floor, Washington, DC 20002
(202) 442‐5112/Fax (202) 442‐5634
1. Prepared by: Noam Kosofsky, Manager, Budget Operations
2. Funding Certification Period: Office of Teaching and Learning, Department of Specialized Instruction
3. FY26 Funding Certification Period: 10/1/2025 – 9/30/2026
4. Summary of Proposed Procurement: Occupational and physical therapist and speech services.
5. If contract has been awarded:
• Contractor: Milestone (OT/PT)
• Contract Number(s): GAGA‐2025‐T‐0258
• RK Number:
• PO Number:
Funding Information:
.
I hereby certify that the above referenced contract is within the appropriated budget authority for the agency and is consistent
with the financial plan and budget adopted in accordance with DC Official Code §§ 47‐392.01 and 47‐392.02 for the District of
Columbia Public Schools for the applicable period of performance. The funding obligation for Fiscal Year 2026 is subject to
Congressional approval.
5/16/25
Date
DCPS Agency Fiscal Officer
1200 First Street, NE | Washington, DC 20002 | T 202. 442. 5885 | F 202. 442. 5026 | dcps.dc.gov
Name
AGENCY
GA0 if DCPS
GD0 if OSSE
FISCAL
YEAR
AGENCY
OBJECT FUND ACCOUNT PROGRAM COST
CENTER PROJECT AWARD AMOUNT
GA0 FY26 68074 1010001 7132001 400008 40086 $1,015,490.00
Total $1,015,490.00
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 23, 2025
SUBJECT: Approval of Cooperative Purchasing Agreement for Occupational Therapy
(OT) and Physical Therapy (PT) Services
Contractor: Milestone Therapeutic Services, Inc.
Contract Number: GAGA-2025-T-0258
Contract Amount: NTE $1,208,620.00
This is to Certify that this Office has reviewed the above- referenced Contract and that we have
found it to be legally sufficient. If you have any questions in this regard, please do not hesitate to
call me at (202) 724-4018.
______________________________
Robert Schildkraut
GOVERNMENT OF THE District of Columbia PUBLIC SCHOOLS
TASK ORDER/DELIVERY ORDER FOR SERVICES
OFFEROR TO COMPLETE BLOCKS 18 & 29
1. REQUISITION
NUMBER
TBD
PAGES: 1 of 60
2. TASK ORDER AGREEMENT NO.
GAGA-2025-T-0258
3. Award/Effective Date
August 01, 2025
4. CONTRACT
NUMBER : JBO-714-
22-014
5. ESTIMATED START
DATE :
August 01, 2025
6. COMPLETION DATE
June 30, 2026
7. PROGRAM OFFICE CONTACT
(COTR):
Division of Specialized Instruction
Office of Teaching and Learning
A. NAME
Vaishnavi Tallury
B. TELEPHONE: (No Collect
Calls) Phone: (202) 549.8795
Fax:
8. EMAIL:
Vaishnavi.Tallury@k12.dc.
gov.
mailto:roger.asterilla@k
12.dc.gov
9. ISSUED BY
District of Columbia Public Schools
Office of Fiscal Strategy, Contracts and Acquistions Division
1200 First Street, NE
Washington, DC 20002
(202) 442-5112 - FAX (202) 442-6501
10. THIS ACQUISITION IS
UNRESTRICTED
SET ASIDE %FOR
SMALL BUSINESS
SMALL DISADV. BUS.
GSA
COG
Cooperative Procurement:
SIZE STANDARD:
11. DELIVERY FOR FOB
DESTINATION UNLESS
BLOCK IS MARKED
SEE SCHEDULE
12. PAYMENT DISCOUNT
TERMS
Net 30 days
13. RESERVED
14. METHOD OF SOLICITATION
X RFTOP IFB RFP 2-STEP
15. CONTRACTOR/ OFFEROR
Milestone Therapeutic Services, LLC.
1160 Varnum Street, NE
Suite 315
Washington, DC 20017
16. PAYMENT WILL BE MADE BY
CODE
District of Columbia Public Schools
Office of Accounts Payable
1200 First Street NE, 11th Floor
Washington, DC 20002
(202) 442-5300
15A DUNS CODE 15B TAX ID NO. 13-1968872
17. DELIVER TO
District of Columbia Public Schools
Contract and Acquisitions Division
1200 First Street, NE
Washington, DC 20002
18. ADMINISTERED BY
District of Columbia Public Schools
Contracts and Acquisitions Division
1200 First Street, NE
Washington, DC 20002
18A. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18B. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 16 UNLESS
BLOCK BELOW IS CHECKED
SEE ADDENDUM
19
ITEM NO.
20
SCHEDULE OF SUPPLIES/SERVICES
FIVE (5) YEARS SUMMARY
22
UNIT
23
UNIT PRICE
PER MONTH
24
AMOUNT
See Pricing Table in Section 3 for CLINs, Section 55, attachments 12 and 20
25. ACCOUNTING AND APPROPRIATION DATA: 26. TOTAL AWARD (FOR GOVT. USE ONLY)
$1,208,620.00 (NTE)
27. CONTRACTORIS REQUIRED TO SIGN THIS DOCUMENT AND RETURN TWO (2)
COPIES TO THE ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
PAGES SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. THIS ORDER IS
ISSUED SUBJECT TO THE TERMS AND CONDITIONS OF THE CONTRACT IDENTIFIED IN
BLOCK 4. CONTRACTOR’S PROPOSAL DATED September 9, 2014, IS INCORPORATED BY
REFERENCE.
28. AWARD OF CONTRACT: REFERENCE YOUR OFFER DATED
YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR
CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: See
Attachment A. THIS ORDER IS ISSUED SUBJECT TO THE TERMS AND
CONDITIONS OF THE CONTRACT IDENTIFIED IN BLOCK 4.
29A. SIGNATURE OF OFFEROR /CONTRACTOR 30A. DISTRICT OF COLUMBIA (SIGNATURE OF CONTRACTING
OFFICER)
GAGA-2025-T-0258–Occupational-Physical Therapy Services
2
TASK ORDER NUMBER
GAGA-2025-T-0258
1) SERVICES/SUPPLIES REQUIRED:
1.1 The District of Columbia Public Schools (DCPS), Office of Fiscal Strategy, on behalf of the Division of
Specialized Instruction (DSI) requires experienced licensed Occupational Therapy and Physical Therapy (OT/PT)
Contractors with the capacity to provide assessment, consultation, intervention services in the areas of
occupational therapy in an urban school setting for an estimated 2,000 DCPS students on a continuous basis until
June 30, 2026.
1.2 DCPS will utilize Cooperative Purchasing, DC Code 2-354.11 to satisfy the above-mentioned need as outlined in
this task order, Section 55 Attachments 12, Attachment 13, and Attachment 14.
1.3 This Task Order is issued against the Baltimore County Public Schools (BCPS) Contract Number JBO-714-22-
014 with Milestone Therapeutic Services, LLC (MTS), Effective 06/14/2022 – 06/30/2027, incorporated in
Section 55, as attachment 12.
1.4 This Task Order will be subject to the Contractor’s (MTS) compliance with all District of Columbia Laws and
Regulations including but not limited to concerning the Contractor’s Affirmative Action Plan, First Source
Employment Agreement, and compliance with District of Columbia Tax laws (Office of Tax and Revenue and the
Department of Employment Services).
1.5 The Contractor shall provide the District of Columbia Public Schools (DCPS), Division of Specialized Instruction
(DSI) with a Base-Period OT/PT Services with two one options, exercised solely at DCPS discretion, and terms
for the quantity pursuant to BCPS/MTS Contract Number JBO-714-22-014.
1.6 Delivery or performance shall be made only in accordance with the ordering clause in this section.
1.7 Certified Occupational Therapy Assistants (COTAs) are not eligible under this contract.
1.8 The Contractor shall provide consultation and intervention strategies to the Individualized Education Program
(IEP) Team, Parents and General Education Practitioners and provide direct related services, on an as needed
basis, to students who are in the special education setting and are diagnosed with a qualifying sensorimotor or
visual perceptual impairment that impacts the child’s academic performance under Individuals with Disabilities
Education Act (IDEA), IEP, Section 504 plan (504 plan) and Multi-tiered Systems of Support (MTSS) Team.
1.9 The Contractor shall have a minimum of five (5) years of business experience, including three years of previous
experience providing occupational therapy services in an urban school setting.
2) CONTRACT TYPE AND SCHEDULE:
This is a Requirements Task Order with Fixed Unit Prices.
29B. NAME AND TITLE OF SIGNER (TYPE OR
PRINT)
Alicia Nti
29C. DATE SIGNED
6/12/2025
30B. NAME OF CONTRACTING OFFICER (TYPE
OR PRINT)
30C DATE
SIGNED
GAGA-2025-T-0258–Occupational-Physical Therapy Services
3
2.1 The District will purchase its requiremen for the goods or services included herein from the Contractor. The
estimated quantities stated herein reflect the best estimates available. The estimate shall not be construed as a
representation that the estimated quantity will be required or ordered, or that conditions affecting requirements
will be stable. The estimated quantities shall not be construed to limit the quantities which may be ordered from
the Contractor by the District or to relieve the Contractor of its obligation to fill all such orders.
2.2 Delivery or performance shall be made only as authorized in accordance with the Ordering Clause, in Section 32.
If the District urgently requires delivery before the earliest date that delivery may be specified under this contract,
and if the Contractor shall not accept an order providing for the accelerated delivery, the District may acquire the
urgently required goods or services from another source.
2.3 Any order issued during the effective period of this contract/task order and not completed within that period shall
be completed by the Contractor within the time specified in the task order. The task order shall govern the
Contractor's and District's rights and obligations with respect to that order to the same extent as if the order were
completed during the contract's effective period, provided that the Contractor shall not be required to make any
deliveries under this contract after June 30, 2026, base period, or the last executed Option Year Period of the
contract/Task Order, if applicable.
2.5 The term of this definitized Task Order/Contract is from August 01, 2025, through June 30, 2026, base year with
No Option Year periods.
2.6 The total amount of this definitized contract is Not to Exceed $1,208,620.00 for the Base Period and Not to
Exceed $1,208,620.00 for the life of the contract.
THIS SPACE INTENTIONALLLY LEFT BLANK.
GAGA-2025-T-0258–Occupational-Physical Therapy Services
4
3) PRICING
3.1 PRICING INFORMATION
3.1.1 The Contractor shall charge an hourly rate for performing school-based occupational and physical therapy
services, consultation, assessments, and intervention services for students with IEPs, 504 plans, and Multi-tiered
Systems of Support (MTSS) services.
3.1.2 The hourly rate shall be inclusive of attendance of IEP meetings, collaboration block meetings, Staff
Development Meetings, Parent-Teacher Conferences, and school special education team meetings. Additionally,
the Contractor shall attend upon request due process hearings and other proceedings related to the delivery of
occupational or physical therapy services for the assigned student(s).
3.1.3 The hourly rate shall include the time spent on administrative and clerical matters (including, but not limited to,
time spent on report writing, documentation, word processing, internal organization of files, papers, exhibits or
other documents, creating billing document/records, and copying) and other activities related to ensuring DCPS
compliance with federal and state regulations regarding the provision of special education services. The
Contractor shall provide assessment kits, intervention materials, and technology equipment such as laptops or
cellular phones to their staff.
3.1.4 The hourly rate shall be inclusive of OT staff clinical supervision and oversight by the Contractor. Clinical
supervision/oversight, job-embedded support, and clinical management completed by the Contractor are not
billable to DCPS.
3.1.5 The regular school hours are from 8:00 a.m. to 3:30 p.m., or as specified by the school administration or DCPS
OT Manager. DCPS does not allow flexing hours. The maximum billable hours per school day are seven (7)
hours. There is a non-paid thirty-minute lunch. For the Extended School Year (ESY), the hours are from 8:00 a.m.
to 1:30 p.m. DCPS does not allow flexing of the hours. The maximum billable hours per ESY day are five hours.
There is a non-paid thirty-minute lunch.
3.1.6 Holidays and school closures (including inclement weather) are not billable to DCPS.
3.1.7 This hourly rate shall include all direct and indirect costs. Weekly, an estimate of 75% of staff time is spent on
IEP prescribed services (direct & consultation), 504 plan interventions, and MTSS interventions. See the cost and
price schedule (Section B.3).
3.1.8 In completing the below schedule, the prospective offeror is estimating the loaded hourly rate and number of OT
& PT staff. Prospective offerors are providing pricing data pursuant to the following: loaded hourly rate inclusive
of indirect and direct cost, multiplied by estimated number hours for the contract year, multiplied by estimated
number of OT & PT staff to provide at the time of the award of the contract.
3.2 PRICE SCHEDULE – REQUIREMENTS WITH FIXED RATE CLIN
3.2.1 Base Year Period- August 01, 2025 – June 30, 2026
Contract
Line
Item No.
(CLIN)
Item Description
Price Per
Unit
Quantity
Minimum
Minimum
Total Price
(Unit price x
minimum
quantity)
Quantity
Maximum
Maximum
Total Price
(Unit price x
Maximum
quantity)
GAGA-2025-T-0258–Occupational-Physical Therapy Services
5
0001
Occupational
Therapy (OT)
Assessment and
Intervention
Services for School
Year 25-26
$89 per hour
1,351 hours
(1 OT for 193
days x 7 hours
per day)
$120,239.00
Up to 20,265
hours
(Up to 10 OTs
for up to 194
school days x 7
billable hours)
$1,208,620.00
0002 Physical Therapy
(PT) Assessment
and Intervention
Services for School
Year 25-26, as
needed
$89.00.00
per hour
0 hours
(1 PT for 193
days x 7 hours
per day)
$0.00 1351 hours
(1 PT for 193
school days x 7
billable hours
per day)
$0.00
TOTAL FOR 3.2.1
$1,208,620.00
Section 3.2 Contract Grand Total
Number Period of Performance (POP) Not-to-Exceed
01 Total One Base Period $1,208,620.00
02 GRAND TOTAL – NOT TO
EXCEED
$1,208,620.00
3.3 LABOR HOUR CEILING:
3.3.1 The labor hour ceiling for this contract is set forth in Section 32.
3.3.2 The costs for performing this contract shall not exceed the labor hour ceiling specified in Section 3.
3.3.3 The Contractor agrees to perform the work and requirements specified in the contract and to meet all obligations
under this contract within the labor hour ceiling.
3.3.4 The Contractor must notify the Contracting Officer (CO) in writing, whenever it has reason to believe that the
total cost for the performance of this contract will be greater than the cost reimbursement ceiling.
3.3.5 As part of the notification, the Contractor must provide the CO a revised estimate of the total cost of performing
this contract.
3.5.6 DCPS is not obligated to reimburse the Contractor for costs incurred in excess of the labor hour ceiling specified
in Section 3., and the Contractor is not obligated to continue performance under the contract or otherwise incur
costs in excess of the labor hour ceiling specified in Section 3, until the CO notifies the Contractor, in writing, that
the estimated cost has been increased and provides a revised labor hour ceiling for performing the contract.
3.5.7 If the Contractor exceeds the labor hour ceiling set forth in Section 3, without obtaining the written notification
from the CO as set forth in Section 3.5.6, it does so at its own risk.
3.5.8 The Contractor is not required to subcontract 35% of this Task Order.
GAGA-2025-T-0258–Occupational-Physical Therapy Services
6
3.5.9 N/A- Subcontracting Plan.
4. SECTION C: SPECIFICATIONS/WORK STATEMENT
4.1 SCOPE:
4.1.1 The DCPS/DSI requires the services of a Contractor to provide school based occupational therapy (OT) services
to an approximate number of 2000 students for the traditional school year term and summer extended school year
to supplement DCPS’ employed OT staff.
4.1.1.1 The OT staffing needs will vary on a regular basis depending on the number of employed OT staff, student
enrollment and anticipated student attendance numbers for summer.
4.1.1.2 The DCPS Contract Administrator and the DCPS OT & PT Manager will provide the OT & PT staffing needs to
the Contractor for summer extended school year (ESY) by June 30, 2026.
4.1.2 The DCPS Contract Administrator and the DCPS OT & PT Manager will provide the OT & PT staffing needed to
the Contractor by June 30th for the upcoming school year staffing needs.
4.1.3 The Contractor shall provide a planned delivery of contracted OT & PT services to improve student performance,
consistency of therapy and support quality service delivery. The Contractor shall collaborate in the delivery
system to achieve maximum efficiency and student outcomes given the resources available as outlined in the
DCPS OT and PT Program Guidebook regarding intervention schedules.
4.1.4 Additionally, all contracted OT services delivered to DCPS students with an established Multi-tiered Systems of
Support (MTSS) Plan, Individual Education Program (IEP) and Section 504 plan shall be provided in accordance
with the standards specified in Section C.5. DCPS is committed to an educationally relevant model of general
and special education and Section 504 plan service delivery that utilizes a multidisciplinary team approach to
integrate therapies into the general/special educational environment.
4.1.5 The Contractor shall provide occupational and physical therapy services for students with 504 plans, IEPs and
MTSS needs.
4.1.5.1 The Contractor shall provide occupational therapy services for students in DCPS schools, Project Search
Programs, Workforce Development Programs, Head Start Centers and in the Home Hospital Instruction Program.
4.1.6 The Contractor shall provide services according to the need of school- based Occupational Therapy (OT) services
set forth in this contract for the DCPS schools. Services shall include screening; assessments; interventions;
consultations; participation in pertinent meetings and development; and implementation of professional
development to contract staff and DCPS staff as required to meet the needs of the students and the DSI Related
Services Occupational and Physical Therapy Program.
4.2 APPLICABLE DOCUMENTS:
4.2.1 The following documents are applicable to this procurement and are hereby incorporated by this reference:
Item
No.
Document Type Title
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4.2.2 The documents, as set forth in Section 4, are subject to revision and the most up-to-date versions apply. DCPS
will be responsible for instructing the Contractor of any revisions or updates. The Contractor shall be responsible
for ensuring reference and compliance with revisions and updates.
4.2.3 The Contractor shall comply with the most recent versions and future revisions to all applicable Federal and
District of Columbia laws and court orders related to the performance of the contract requirements. The
Contractor may be entitled to an equitable adjustment under the Changes clause in attachment 1 “Standard
Contract Provisions” as a result of compliance with future regulations, policies, and subsequent amendments
including but not limited to the following applicable documents.
4.2.2 If additional documents become applicable, DCPS will make the Contractor aware of the applicable documents in
writing.
4.3 DEFINITIONS:
These terms when used in this Task Order have the following meanings:
4.3.1 “Frontline” – OTs and PTs will be able to review their 504 caseloads, assigned 504 assessments, document MTSS
interventions, and document 504 services. Frontline is a web-based system.
4.3.2 “Day” – a calendar day unless otherwise indicated as a school day or a business day.
4.3.3 “Extended School Year (ESY)” - Extended School Year: ESY refers to special education and/or related services
provided beyond the normal school year for the purpose of providing a free, appropriate public education (FAPE)
to a student with a disability in accordance with the child’s IEP. ESY is intended to protect students from
regressing key goals of their IEP over the summer and ensure they can benefit from their IEP during the regular
school year.
4.3.4 “Family Educational Rights and Privacy Act” (FERPA) – the Act protects the privacy of student education
records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of
Education.
4.3.5 “Floating Staff” – Floating staff cover for short or long-term absences, so all vendor contract FTE positions are
always filled throughout the term of the contract.
1. DSI Programs &
Resources
DSI SY25-26 OT & PT Guidebook for Staff
2. Practice Guidance 2017 Due Diligence Guidelines: Untimely Assessments and Missed
Services
3. Federal Law Individuals with Disabilities Act 2004
http://www.vesid.nysed.gov/specialed/idea/
4. Federal Law Americans with Disabilities Act 2008
http://www.access-board.gov/about/laws/ada-amendments.htm
5. District Law District of Columbia Municipal Regulations -
https://www.dcregs.dc.gov/Common/DCMR/RuleList.aspx?ChapterNu
m=5-E30
6. Practice Guidance SY 2025-2026 DCPS Occupational Therapy and Physical Therapy
Program Guidebook
7. DCPS Calendar DCPS School Calendar
https://dcps.dc.gov/page/dcps-calendars
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4.3.6 “Free, Appropriate Public Education” (FAPE) – special education and related services which 1) are provided at
public expense, under public supervision and direction, and without charge; 2) meet the standards of the D.C.
Public Schools; 3) include early childhood, preschool, elementary school or secondary school education; and 4)
are provided in conformity with an individualized education program (IEP).
4.3.7 “GOLD” Early childhood classrooms in DCPS utilize a curriculum and assessment tool Called Teaching
Strategies GOLD. Teaching Strategies GOLD is an authentic observational assessment system for children from
birth through kindergarten. It is designed to help teachers get to know their students well, what they know and can
do, and their strengths, needs, and interests.
4.3.7.1 The Teaching Strategies GOLD assessment system blends ongoing, authentic observational assessment for all
areas of development and learning with intentional, focused, performance – assessment tasks for selected
predictors of school success in the areas of literacy and numeracy. This seamless system for children is designed
for use as part of meaningful everyday experiences in the classroom or program setting. It is inclusive of children
with disabilities, children who are English-language or dual-language learners, and children who demonstrate
competencies beyond typical developmental expectations. The assessment system may be used with any
developmentally appropriate curriculum.
4.3.7.2 The GOLD links key developmental milestones with instruction in order to track student progress. Individual
objectives correspond to the dimensions which include: (a) Social – Emotional; (b) Physical (c) Language; (d)
Cognitive; (e) Literacy; (f) Mathematics; (g) Science and Technology; (h) Social Studies; (i) The Arts; and (j)
English Language Acquisition.
4.3.8 “Health Insurance Portability and Accountability Act” (HIPAA) – the Act guarantees patients new rights and
protections against the misuse or disclosure of their health records.
4.3.9 “Home Hospital Instruction Program” (HHIP) – Program is designed to students with medical limitations that
prevent the student from attending school. IEP specialized instruction and related services are provided in the
home or hospital setting.
4.3.10 “Individuals with Disabilities Education Act” (IDEA) – The Individuals with Disabilities Education Act (IDEA)
is a United States federal law that governs how states and public agencies provide early intervention, special
education, and related services to children with disabilities. It addresses the educational needs of children with
disabilities from birth to age 18 or 21 in cases that involve 14 specified categories of disability.
Under IDEA 2004:
• Special education and related services should be designed to meet the unique learning needs of
eligible children with disabilities, preschool through age 21.
• Students with disabilities should be prepared for further education, employment, and independent
living.
4.3.11 “Individualized Education Program” (IEP) – In the United States an Individualized Education Plan, commonly
referred to as an IEP, is mandated by the ‘Individuals with Disabilities Education Act’ (IDEA). In Canada and the
United Kingdom, an equivalent document is called an Individual Education Plan. An IEP is designed to meet the
unique educational needs of one child, who may have a disability, as defined by federal regulations. The IEP is
intended to help children reach educational goals more easily than they otherwise would. In all cases the IEP must
be tailored to the individual student's needs as identified by the IEP evaluation process and must especially help
teachers and related service providers (such as paraprofessional educators) understand the student's disability and
how the disability affects the learning process.
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4.3.11.1 The IEP should describe how the student learns, how the student best demonstrates that learning and what
teachers and related service providers will do to help the student learn more known disabilities, simultaneously
considering ability to access the general curriculum, considering how the disability affects the student’s learning,
developing goals and objectives that correspond to the needs of the student, and ultimately choosing a placement
in the least restrictive environment possible for the students.
4.3.12 “Local Education Agency” (LEA) – the agency holding educational responsibility for students within a defined
jurisdiction. For the purpose of this solicitation, the LEA is the District of Columbia Public Schools.
4.3.13 “Every Student Succeeds Act of 2015” (ESSA) - On December 10, 2015, President Obama signed into law Every
Student Succeeds Act of 2015. The Act reauthorized the 50-year-old Elementary and Secondary Education Act by
replacing the previous version of the law, known as ‘No Child Left Behind’ (NCLB), and is intended to offer
states greater flexibility to address situations within local schools.
4.3.14 “National Provider Identifier” (NPI) - As a result of the Affordable Care Act, the Centers for Medicare and
Medicaid (CMS) issued a final rule (42 CFR Parts 424 and 431) on April 12, 2012, requiring all providers of
medical services to obtain a National Provider Identifier (NPI). The NPI acts as a unique provider identifier for
Medicaid claims submitted to the Medicaid Agency. To properly conduct Medicaid claiming, all providers
rendering services on behalf of the District of Columbia Public Schools must obtain their NPI.
4.3.15 “Occupational Therapy and Physical Therapy Program” – Program that encompasses Occupational Therapy and
Physical Therapy services within Related Services/Division of Specialized Instruction/DCPS.
4.3.16 “Occupational Therapy and Physical Therapy Program Manager” - A program manager is assigned by Related
Services / Division of Specialized Instruction / DCPS to supervise and the services and program of Occupational
Therapy and Physical Therapy.
4.3.17 “Office of the State Superintendent of Education” (OSSE) – State Education Agency for DCPS.
4.3.18 “Parent” – a parent, a guardian, a person acting as a parent of a child, or a surrogate parent who has been duly
appointed by a public agency.
4.3.19 “Random Moment in Time Study” (RMTS) – RMTS is required by the federal Centers for Medicare & Medicaid
Services (CMS) to secure reimbursement funds from Medicaid for schools. The reimbursement funds are used to
pay for products and services to enhance the quality of student education. In order to maintain eligibility for
Medicaid Reimbursement, DCPS must maintain a minimum response rate of 85% or higher.
4.3.20 “Multi-Tiered Systems of Support” (MTSS) – A process of referring students to the school team of teachers and
related service providers to review current difficulties or concerns in education, behavior, sensory, motor,
communication, etc. to determine if pre-referral interventions are warranted. Tiered pre-referral interventions
provided students with difficulties or concerns in education, behavior, sensory, motor, communication, etc.
Students receiving MTSS services may or may not be special education.
4.3.21 “Section 504” – Section 504 is an antidiscrimination statute that assures equal opportunity to individuals with
disabilities who participate in programs that are federally funded. Students who are not classified as eligible for
special education and related services may receive accommodations and services under a 504 Plan. A 504 Plan
may include either school-based occupational therapy or physical therapy, in the form of consultation or direct
service.
4.3.22 “Special Education” – shall mean classroom instruction or special services or programs, provided at no cost to the
parents, which is specially designed to meet the unique needs of a student with disabilities. Instruction is
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provided without charge, but does not preclude incidental fees that are normally charged to students without
disabilities, or their parents, as part of the regular education program
4.3.23 “State Education Agency” (SEA) – the State Education Agency is the Board of Education for the District of
Columbia, unless otherwise designated.
4.3.24 “Students With Disabilities” – students who have been evaluated in accordance with DCPS procedures and
identified as having temporary or long-term special education needs arising from cognitive, emotional or physical
factors, or any combination of these. The ability to meet general education objectives is impaired to a degree
whereby the services available in the general education program are inadequate for preparation to achieve
educational potential. Included are students having mental retardation, hearing impairment (including deafness),
speech impairment, language impairment, visual impairment (including blindness), serious emotional disturbance,
other health impairment, orthopedic impairment, specific learning disability, autism, traumatic brain injury, deaf-
blindness, and multiple disabilities.
4.3.25 “Special Education Data System (SEDS)” - The Special Education Data System (SEDS) is a comprehensive data
system designed to support high quality, seamless service delivery for children with disabilities. SEDS is
currently in its third year of implementation. OSSE has mandated the use of PowerSchool Special Programs by all
LEAS to support the goal of optimizing the ability to improve service delivery and increase compliance related to
the provision of a Free Appropriate Public Education (FAPE) to all students with disabilities in the District of
Columbia.
4.4 BACKGROUND:
4.4.1 The District of Columbia Public Schools (DCPS) has a student population identified of 2000 students with
occupational therapy needs. DCPS has an estimated need of approximately ten (10) Full-Time Equivalent (FTE)
occupational therapists and no (0) Full-Time Equivalent (FTE) physical therapist to supplement DCPS’ staff to
provide school-based occupational and physical therapy services.
4.4.2 At any time during the contract, the staffing needs may increase or decrease based on the needs of DCPS.
4.4.3 DCPS OTs and PTs provide intervention services to students and training support to school staff and parents, as
well as ensures effective and timely assessments and service-delivery, supports Related Services capacity, and
ensures compliance on the part of the DSI.
4.4.4 DCPS is required by law, rules, and regulations to provide OT and PT services to all students identified with the
needs in their MTSS plans, IEPs and 504 plans.
4.4.4.1 The MTSS and IEP team members include students, parents, related service providers, teachers, school
administrators, and related community resources. The OTs and PTs shall provide consultations, screenings,
assessments, and intervention as a related service(s) and as indicated on students’ IEP, MTSS or 504 plans.
4.4.5 Annually, DCPS, DSI and the Occupational Therapy and Physical Therapy Program identify strategic goals to
address. The Contractor shall provide consultation and support for DCPS’ current strategic plan and goals.
4.4.6 Certified Occupational Therapy Assistants (COTAs) and are not eligible under this contract. OT or PT graduate
students are not eligible under this contract.
4.4.7 DCPS is an urban school district with 118 schools, 50,000 students and 4,000 teachers. DCPS student population
is as follows:
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• 18% Hispanic
• 4% Asian, Multiracial, Other
• 13% White
• 64% Black
• 11% Are English Language Learners
• 15% Receive Special Education Services
• 76% Qualify for Free and Reduced Lunch
4.5 REQUIREMENTS:
STAFF REQUIREMENTS
4.5.1 The Contractor shall ensure that its entire staff shall possess current licenses and Certifications required by DCPS
and the District of Columbia Department of Health (DOH).
4.5.1.1 The Contractor shall ensure each OT & PT holds a current DC DOH Board of Occupational Therapy license or
DC DOH Board of Physical Therapy license. Contractor shall submit the DC DOH license to the DCPS Contract
Administrator and DCPS OT and PT Program Manager three (3) business days prior to the Contractor’s staff start
date.
4.5.1.2 The Contractor shall ensure all staff hold a current and active DC DOH license at all times without gap or lapse.
If at any time during the contract period, the Contractor’s staff have a gap or lapse in the DC DOH license, DCPS
is unable to obtain Medicaid reimbursement. The Contractor shall reimburse DCPS for the hours billed by the
uncertified or unlicensed staff.
4.5.2 The Contractor shall ensure each OT or PT possesses one full year of school-based or pediatric experience in
occupational therapy or physical therapy.
4.5.2.1 The Contractor shall ensure that each new OT or PT graduate has completed one or more fieldwork level II
school-based or pediatric experiences in occupational therapy or physical therapy.
4.5.2.2 The Contractor shall ensure each new OT or PT graduate has experience in the administration, scoring and
writing of occupational or physical therapy assessments.
4.5.2.3 The Contractor shall ensure each new OT or PT graduate has experience participating in an IEP meeting in a
school-based setting.
4.5.3 The Contractor shall provide staff specialized in educational occupational or physical therapy services to meet
DCPS’ needs. This should include a strong knowledge base of evidence-based assessment and intervention in the
areas of autism, early childhood, medically fragile, and assistive technology implementation.
4.5.4 The Contractor shall provide bilingual staff to meet the growing bilingual needs of DCPS. Although it is
understood that the provision of bilingual OT or PT staff does not substitute for the District’s responsibility to
provide translator services under the District’s Language Access Act of 2004.
4. 5.5 The Contractor shall provide a clinical OT/PT lead for this contract to provide supervision and oversight for the
Contractor’s OT & PT staff and Contractor’s adherence to deliverables outlined in this contract / solicitation and
DCPS’ guidelines and policies including DCMR, OSSE and DCPS Occupational Therapy and Physical Therapy
Program Guidebook. The Contractor shall include the clinical OT/PT lead on the staffing roster and provide the
resume.
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4. 5.5.1 The Contractor clinical OT/PT lead shall complete bi-annual performance assessment comparable to the elements
in DCPS’ IMPACT tool.
4.5.5.2 The Contractor clinical OT/PT lead shall provide clinical support and training to staff based on their clinical and
caseload needs.
4.5.5.3 The Contractor clinical OT/PT lead time providing clinical and supervisory support is not billable to DCPS.
4.5.5.4 The Contractual clinical OT/PT lead may be utilized in the Contractor’s staffing roster as a regular OT/PT staff
providing assessment and therapy services in schools or as a floating OT/PT staff.
4.5.5.5 The Contractual clinical OT/PT lead shall have minimum of three (3) years of OT/PT clinical experience in
school settings and previous experience with supervision.
4.5.5.6 The Contractor shall ensure that staff have direct access to experienced supervisors with expertise in autism,
sensory regulation, handwriting interventions including Handwriting Without Tears, special education law,
interdisciplinary collaboration, evidence-based intervention techniques etc.), to ensure optimal programming and
student outcomes.
4.5.6 The Contractor’s services shall adhere to the procedures and standards established by the DC Municipal
Regulations (DCMR), District of Columbia special education state regulations (OSSE), Medicaid, and all other
statutory requirements.
4.5.6.1 The Contractor shall adhere to all IDEA 2004, federal, state, and DCPS guidelines.
4.5.6.2 The Contractor shall follow and abide by the general code of ethics and standards of practice of all local, state,
federal, American Occupational Therapy Association (AOTA), American Physical Therapy Association (APTA)
standards governing delivery of occupational therapy physical therapy and special education services.
CLEARANCE AND PRE-EMPLOYMENT
4.5.7 The Contractor shall provide proposed staff resumes, DC DOH license, sample assessment report and specialized
training certificates before the staff provides services to DCPS students. Contractor shall provide current DC
DOH license for a minimum of three (3) days prior to the start date.
4.5.8 The Contractor shall make available to DCPS all resumes, cover letters, curriculum vitae, and references of
Contractor’s providers and managed staff before they start providing services to DCPS students. The Contractor
shall submit resumes for all proposed staff as requested.
4.5.8.1 The Contractor shall submit all pre-employment documentation (i.e., TB-test results, NPI, DOH licensure) to the
DCPS OT and PT Program Manager three business days prior to school assignments being provided and before
any provider/manager staff services DCPS students under this contract.
4.5.9 The Contractor shall ensure all providers/clinicians undergo a DCPS interview via phone/video conference with
the DCPS OT and PT Program Manager. After the interview, the DCPS OT and PT Program Manager will
determine if the proposed provider is approved or rejected.
4.5.10 The Contractor’s provider staff and management staff shall undergo background checks pursuant to DCPS
standards, including finger printing, drug screening, and satisfy all DCPS clearance requirements. Contractor shall
complete the DCPS fingerprinting and drug testing at no cost to the Contractor. Requirements must be completed
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prior to school assignments being provided and before any provider/manager of staff services to DCPS students
under this contract.
4.5.11 The Contractor shall complete the TB Risk Screening Assessment within the DCPS Clearance Application.
Individuals whose assessments indicate one or more risk factors will be directed to complete a TB skin or blood
test and return the cleared results prior to school assignments being provided and before any provider/manager
staff services DCPS students under this contract.
4.5.12 The Contractor shall ensure each OT and PT possesses a National Provider Identifier (NPI). The Contractor shall
submit the NPI to the OT and PT Program Manager three (3) business days prior to the start of services to DCPS
students. If at any time during the contract period, the Contractor’s staff have a gap or lapse in the NPI, DCPS is
unable to obtain Medicaid reimbursement. The Contractor shall reimburse DCPS for the hours billed by the staff
without an NPI.
STAFF ROSTER
4.5.13 The Contractor shall develop a district wide staffing plan using the DCPS form approved by the DCPS Contract
Administrator and DCPS OT and PT Program Manager. The staffing-wide plan must list regular staff, floating
staff, and the Clinical OT/PT Lead. The Contractor shall submit a proposed staffing roster and provide the
resume, DOH license number, bilingual skills, clinical specialty information, and years of school-based
experience.
4.5.13.1 The Contractor’s regular staff should work no less than two (2) full days per week.
4.5.13.2 The Contractor’s floating staff is short-term personnel to be utilized during staffing gaps pending a permanent
replacement.
4.5.13.21 Floating staff is billable when assigned, covering staffing gaps and working with students. The floating staff
should be utilized to ensure the Contractor fulfills their staffing numbers throughout as indicated in their DCPS
contract and PO.
4.5.13.3 The staffing roster must be submitted to the DCPS Contract Administrator and OT and PT Program Manager by
the following deadlines:
a. Within two weeks of contract award.
4.5.13.4 The Contractor’s staffing plan shall detail the staffing and supervision assignments across DCPS. During the
contract period and school year, the Contractor is required to submit an updated provider roster to capture changes
in regular and floating staff (i.e., resignations, terminations, new additions, etc.).
4.5.13.5 The Contractor shall meet bi-weekly with the DCPS OT and PT Program Manager to review the Staffing Plan
and adjust thereto.
4.5.14 The Contractor shall assure continuity of service by having several clinicians identified with floating time so that
they will be available to provide service at schools with delayed staff starts, unexpected breaks in service, such as
school transitions, medical leaves and resignations during the school year.
4.5.15 The Contractor shall notify DCPS two weeks in advance of a staff delayed start, resignation, separation date or a
contract position that the contractor is unable to staff.
4.5.15.1 The Contractor shall notify DCPS of all potential candidates as they are subject to interview by DCPS OT and PT
Program Manager.
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4.5.15.2 The Contractor shall cover the vacancies using floating staff or regular staff to cover the gap until a permanent
replacement is secured.
4.5.15.3 The Contractor shall secure a permanent replacement or staff person to cover the position due to staff delayed
start, resignation, separation date or a contract position that the contractor is unable to staff.
4.5.15.4 The Contractor shall make up and deliver all services missed due to the vacant or abrupt departures prior to the
end of the school year. The Contractor shall make–up services at no additional cost to DCPS.
DCPS ORIENTATION/TRAINING
4.5.17 The Contractor shall ensure ALL staff attend and complete the following mandatory orientation Trainings
conducted by DCPS included by not limited to: OT and PT New Hire Orientation, OT and PT Returning Staff
Orientation, RMTS, SEDS, and Frontline. The Contractor’s staff shall attend the DCPS opening of school August
Pre-Service week trainings.
4.5.17.1 Prior to the start of the school year the DCPS Contract Administrator and DCPS OT and PT Program Manager
will meet with the Contractor Clinical OT/PT Led to review DCPS and OT and PT program policies and
procedures.
4.5.18 The Contractor’s new staff shall attend the mandatory OT and PT New Hire Orientation provided by DCPS.
4.5.19 The Contractor shall ensure all new and returning staff receive training regarding expectations outlined in the OT
and PT Program Guidebook.
4.5.20 The Contractor shall ensure staff attends the DCPS OT and PT meetings, DCPS mandated professional staff
developments, DCPS cohort meetings and DCPS learning community meetings.
4.5.21 DCPS reserves the right to hold the Contractor’s providers/clinicians accountable to attend training on new DCPS
policies as needed.
GENERAL PROCEDURES
4.5.22 The Contractor’s staff shall adhere to the DCPS Occupational Therapy and Physical Therapy Program Guidebook
for time and attendance procedures. Refer to Attachment Document 13.
4.5.22.1 The Contractor shall sign in and out of each assigned school daily in the RSP Attendance book.
4.5.22.2 The Contractor shall report to work from 8:00 am to 3:30 PM during regular school. The regular school day is a
seven (7) hour billable workday. Lunch is not billable to the Contractor. Clinical supervision, oversight and
clinical management completed by the Contractor are not billable to DCPS.
4.5.22.3 The Contractor shall report to work 5 hours per day during the Extended School Year (ESY). ESY is four (4)
days per week for four (4) weeks. ESY workdays are 5-hour billable days. The Contractor shall report to work 7
hours per day for two (2) ESY training days.
4.5.22.4 The Contractor shall follow DCPS and local schools’ policies and procedures (including attendance, on-time
arrival, respect, dress code, etc.) as outlined in the DCPS Occupational Therapy and Physical Therapy Program
Guidebook and local school policies.
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4.5.22.5 The Contractor shall adhere to the adjusted work hours during parent-teacher conference days. This is a seven-
hour billable day. Lunch is not billable to the Contractor.
4.5.22.6 The Contractor shall use a DC Government provided email address for all DCPS related email correspondence.
4.5.23 Outside of IEP meetings and parent teacher conference days, Contractor shall consult, collaborate, and conference
with teachers and parents on a monthly basis.
4.5.24 The Contractor shall participate, as required and approved, in educational planning meetings including, but are
not limited to School Collaborative Block meetings, special education school team meetings, Section 504,
Eligibility/IEP, MTSS and Multi-Disciplinary Team (MDT) meetings, in order to provide the required input for
student programming.
4.5.25 The Contractor shall participate in school staff meetings held during Contractor’s tour of duty.
4.5.26 The Contractor shall be 100% compliant with Random Moment in Time Study Responses (RMTS).
ASSESSMENTS
4.5.27 The Contractor shall adhere to DCPS’ Occupational Therapy and Physical Therapy Program Guidebook policies
and procedures, which include but are not limited to the assessment format, required assessment components,
service log documentation elements, etc. (Refer to Attachment 14).
4.5.28 The Contractor shall complete screenings and classroom observations as outlined in the DCPS Occupational
Therapy and Physical Therapy Program Guidebook.
4.5.29 The Contractor must complete assigned assessments in a timely manner. Assessments are due within 45 days of
parental consent.
4.5.29.1 The Contractor must complete, upload and close out assessments in SEDS in accordance with DCPS’ guidelines
within 45 days of parent consent.
4.5.29.2 If the assessment is ordered using an old consent date or old eligibility event, the assessment is due within 30
days of the order date or in alignment with the current DCPS IMPACT business rules for assessment timeliness.
4.5.29.3 DCPS may request the removal of Contractor staff that complete any assessments late.
4.5.29.4 For assessments with due dates that fall during holiday periods or school breaks, the Contractor shall develop a
plan to ensure timely assessments prior to the initiation of holiday or break periods.
4.5.29.5 The Contractor shall alert approved DCPS staff (LEA Representative, School Administration, DCPS Contract
Administrator, OT and PT Program Manager) in writing of any difficulties within SEDS or student/school in
completing the assessment timely.
4.5.29.6 The Contractor shall adhere to DCPS Due Diligence: Untimely Assessment and Missed Services Guidance.
(Refer to Attachment 154)
4.5.29.7 The Contractor assessment reports shall adhere to the DCPS Occupational Therapy and Physical Therapy
Program Guidebook. (Refer to Attachment 134)
INTERVENTION
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4.5.30 The Contractor shall provide an intervention schedule to the DCPS OT and PT Manager two (2) weeks after
starting in DCPS, with the principal’s signature and that meets the requirements outlined in the DCPS
Occupational Therapy and Physical Therapy Program Guidebook.
4.5.30.1 The Contractor shall provide an updated intervention schedule to the DCPS OT and PT Manager when there is a
caseload change (addition/subtraction).
4.5.30.2 The Contractor shall, in the first two (2) weeks of school or beginning of assignment, provide an introductory
letter to parents/guardians and upload a copy into each student’s communication log in SEDS.
4.5.31 The Contractor shall on a weekly basis document a minimum of 95% of all delivered and attempted services in
SEDS (known as service logs in the SEDS) by the end of their tour of duty the following Monday (or the
following school day if Monday is a holiday or closure).
4.5.31.1 The Contractor shall confirm the completion of the 95% documentation. Contractor shall not submit monthly
invoice for staff until staff has documented a minimum of 95% of all delivered and attempted services in SEDS
for the students in their assigned school and/or on their caseload.
4.5.31.2 The Contractor shall ensure service logs shall adhere to the content and format according to the DCPS
Occupational Therapy and Physical Therapy Program Guidebook (Refer to Attachment 13).
4.5.31.3 The Contractor’s staff shall generate one monthly service tracker note for each student on caseload by the fifth of
the following month for service logs entered for the previous month’s services according to the DCPS
Occupational Therapy and Physical Therapy Program Guidebook (Refer to Attachment 13).
4.5.31.4The Contractor shall confirm the completion of the monthly service trackers. Contractor shall not submit monthly
invoices for staff until they finalize service trackers for all students in their assigned school and/or on their
caseload by the fifth of the month.
MISSED SERVICES
4.5.32 The Contractor shall attempt to deliver 100% of the services required by each student’s IEP, or 504 plan, for
100% of all students on assigned caseload, assuming such student is available to attend scheduled services and
school is in session pursuant to DCPS missed services and due diligence guidance (Refer to Attachment 15).
Contractor may be requested to pay the parent(s) for compensatory education OT or PT services based on the
undelivered minutes.
4.5.32.1 Contractor shall implement due diligence procedures pursuant to DCPS Due Diligence: Untimely Assessments
and Missed Services Guidelines (Refer to Attachment 15).
4.5.32.2 The Contractor shall follow the guidelines outlined in DCPS Due Diligence: Untimely Assessments and Missed
Services Guidelines (Refer to Attachment 15), if scheduled services are missed due to unavailable staff. The
Contractor shall make up such session(s) at no additional cost to DCPS.
4.5.32.3 The Contractor shall document all missed sessions (in SEDS) on how services will be made-up in the format
indicated by DCPS per the Missed Related Services, Truancy, and Due Diligence Guidelines in (Refer to
Attachment 15).
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4.5.32.4 The Contractor shall complete a missed service plan for all students whose services will be missed, prior to any
staff taking such vacation or leave; resignation or termination. Missed service plans will be approved by DCPS
staff (student’s case manager, LEA Representative, OT, and PT Program Manager).
4.5.32.5 The Contractor shall develop a missed services plan for all students whose services will be missed in the DCPS
format.
4.5.32.6 The Contractor shall develop and implement proactive missed service plans and work collaboratively with DCPS
and families to ensure flexible implementation. In the event that the Contractor’s staff is unable to provide
scheduled services due to vacation or leave, a missed services plan shall be developed and implemented by the
Contractor for all students whose services will be missed, prior to any Contractor’s staff taking such vacation or
leave. The Contractor shall submit a missed service plan following DCPS format prior to vacation/leave.
4.5.32.7 The Contractor shall be informed of the acceptance of the make-up plan by the OT and PT Program Manager.
The make-up sessions will be monitored monthly and quarterly by the OT and PT Program Manager.
4.5.32.8 The Contractor shall make up all remaining missed therapy time shall be made up by or before the first day of the
last week of the school calendar. The Contractor shall make–up services at no additional cost to DCPS.
4.5.32.9 While missed services due to student absences do not require make up, the Contractor shall implement due
diligence actions that satisfy DCPS requirements to ensure students receive the needed services. Refer to DCPS
Missed Services, Truancy and Due Diligence Guidelines in (Refer to Attachment 15)
4.5.32.10 The Contractor also shall:
a. Provide immediate temporary coverage at schools left uncovered by the former staff or schools
uncovered due to vendor staff start delays at any time during the contract period or school year to
complete any assigned OT and PT therapy services.
b. Cover the HOD / SA / Due Process Complaint Legal Fees and independent OT and PT services
generated by the lack of occupational therapy or physical therapy coverage at schools due to the
Contractor; and
c. Make up services missed due to the vendor’s staffing gap occurring at any time during the
contract period without additional cost to the District.
PERFORMANCE ASSESSMENTS
4.5.33 The Contractor shall ensure supervision of practice and contract compliance. The Contractor shall submit the
resume of key personnel responsible for ensuring supervision and contract compliance.
4.5.33.1 The Contractor shall provide oversight of the documentation, delivery and make up services to ensure services
are delivered per DCPS guidelines and the terms of the contract.
4.5.33.2 Monthly, the Contractor shall review written documentation from staff (assessment reports, service tracker notes,
IEP progress reports, etc.) to ensure documentation adheres to DCPS Occupational Therapy and Physical Therapy
Program Guidebook and best practices for OT and PT services.
4.5.33.3.The Contractor shall provide all clinical supervision for OT and PT providers.
4.5.34 The Contractor shall evaluate staff bi-annually using a performance assessment tool similar to DCPS IMPACT
performance areas of assessment quality, assessment compliance, intervention services, clinical standards, school
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collaboration, parent collaboration, 504 and IEP documentation quality (service logs and progress reports) and
service delivery compliance.
4.5.34.1 The Contractor and clinical OT/PT lead shall have experience completing staff performance evaluations for OTs.
The Contractor shall submit a sample of an OT/PT staff evaluation with IFB.
4.5.34.2 The Contractor should complete and finalize bi-annual performance evaluations no later than the end of DCPS’
quarter two and quarter four periods.
4.5.35 The Contractor shall develop written thirty (30) day performance plans, which are required for low performing
staff based on bi-annual performance evaluations or reported by DCPS or Contractor. The Contractor shall submit
a sample of an OT/PT staff performance improvement plan with this IFB.
4.5.35.1 DCPS OT and PT Program Manager must approve all written thirty (30) day Performance plans. Performance
plans may be renewed for another 30 days if improvement is not demonstrated. If no improvement is
demonstrated after 60 days, DCPS has the right to request dismissal of Contractor staff based on lack of
performance improvement.
4.5.36 DCPS shall have the right to request dismissal of the Contractor staff based on a lack of performance by such
staff, subject to prior written notice to the Contractor and an opportunity for the Contractor to address the specific
performance issues within 30 days after receipt by Contractor of written notice from DCPS of such lack of
performance.
4.5.36.1 Upon request from DCPS, the Contractor shall remove low performing OTs or PTs and replace them with
appropriate personnel within thirty days (30) of the request.
4.5.37 The Contractor shall be subject to unannounced assessment, intervention and IEP meeting observations by DCPS
OT and PT Program Manager.
BI-WEEKLY MEETINGS WITH DCPS
4.5.38 The Contractor shall meet with the DCPS OT and PT Program Manager bi-weekly to discuss topics such as the
following items:
a. Assessment Timeliness
b. Services delivered
c. Documented Services
d. Missed/Made Up Services
e. Random Moment in Time Study completion
f. Staffing roster updates, to include school assignments and caseload updates
g. Details on the evidence-based interventions provided by staff
h. Student outcomes of the OT interventions from staff
i. Upcoming meetings/activities for the following week
j. Review of Contractor’s staff performance and personnel issues
k. Current challenges and barriers to success
l. Professional Development Training Planning
4.5.39 The Contractor shall provide an annual presentation to DCPS Contract Administrator and OT and PT Program
Manager, DSI and OCA leadership to review data on key initiatives as set and agreed upon in terms of format and
content. The annual report should include successes, accomplishments, progress towards contract deliverables,
and performance indicators.
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4.5.40 The Contractor shall collaborate with DCPS, DSI, Related Services and Occupational Therapy and Physical
Therapy Program goals and initiatives. Each school year, these initiatives and goals will be provided to the
Contractor.
C.6 CONSEQUENCES OF NON-COMPLIANCE
4.6.1 In the event of non-performance or violation or breach of the requirement by the Contractor, DCPS shall have the
right to pursue all administrative, contractual, and legal remedies against the Contractor and shall reserve the right
to seek sanctions and penalties as appropriate.
4.6.2 DCPS shall issue directives regarding any deficiencies, and the Contractor shall be obligated to rectify those
deficiencies in a timely manner. DCPS shall also, at its options in addition to any other remedies availability to it,
assess damages for violations of the terms and conditions of the contract in accordance with the following
schedule:
Provision and Solicitation Reference Damages Per Occurrence
The Contractor is responsible for hiring, maintaining,
and expanding its own support staff at its own cost
and expense if staff abruptly leaves.
(Sections C.5.13, C.5.13.4, C.5.14, C.5.15.2,
C.5.15.3, C.5.15.4)
The Contractor shall secure a permanent
replacement or staff person to cover the
position due to staff delayed start,
resignation, separation date or a contract
position that the contractor is unable to
staff.
The Contractor shall make up and delivery all
services missed due to the vacant or abrupt
departures prior to the end of the school year.
The Contractor shall make up services at no
additional cost to DCPS.
(Sections C.5.15.3, C.5.15.4, C.5.40.8).
The Contractor must provide proof of current
certification and licensure for all staff before staff
provides services to children.
(Sections C.5.1, C.5.7)
If at any time during the contract period, the
Contractor’s staff have a gap or lapse in DC DOH
license, DCPS is unable to obtain Medicaid
reimbursement. The Contractor shall reimburse
DCPS for the hours billed by the uncertified or
unlicensed staff.
(Section C.5.1.2)
The Contractor shall ensure all staff possess a
National Provider Identifier (NPI) three days prior to
starting in DCPS.
(Sections C.5.12)
If at any time during the contract period, the
Contractor’s staff have a gap or lapse in the
NPI, DCPS is unable to obtain Medicaid
reimbursement. The Contractor shall
reimburse DCPS for the hours be billed by
the staff without an NPI. (Section C.5.12).
The Contractor shall complete screenings and
assessments (including bilingual) within 45 days
from parental consent date.
(Sections C.5.37, C.5.37.2)
DCPS will request the removal of Contractor
Staff that complete any assessments late.
(Section C.5.37.3)
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The Contractor shall document 95% of IEP services
into SEDS on Monday by noon.
(Section C.5.39)
The Contractor shall confirm the completion
of the 95% documentation. Contractor shall
not submit monthly invoice for staff until
staff has documented 95% of all delivered
and attempted services in SEDS for the
students in their assigned school and/or on
their caseload. (Section C.5.39.1)
All service tracker notes must be finalized by the 5th
of the following month.
(Section C.5.39.3)
The Contractor shall confirm the completion
of the monthly service trackers. Contractor
shall not submit monthly invoice for staff
until they finalize service trackers for all
students in their assigned school and/or on
their caseload by the fifth of the month.
(Section C.5.39.4)
The Contractor shall attempt to deliver 100% of all
IEP prescribed services to each student on a
caseload.
(Section C.5.40)
Contractor may be requested to pay the parent(s) for
compensatory education OT or PT services based
on the undelivered minutes.
(Section C.5.40)
All missed sessions must be made-up per makeup
plan. This should occur within the quarter. (Section
C.5.40.8)
The Contractor shall make up all remaining
missed therapy time shall be made up by or
before the first day of the last week of the
school calendar. The Contractor shall make
up services at no additional cost to DCPS.
(Section C.5.40.8)
4.6.3 Non-Compliance Appeal - Appeals shall be handled according to applicable law and policy.
5 DCPS RESPONSIBILITIES AND TASKS
5.1 DCPS Project Manager will be the DCPS OT and PT Program Manager.
5.2 DCPS Project Manager will collaborate with the Contractor in determining best matches in assigning each
therapist to school(s). DCPS will provide the Contractor with DCPS identification for admission to the schools to
which the Contractor is assigned.
5.2 DCPS Project Manager will provide k12.dc.gov email accounts; the Contractor shall require staff access DCPS
email accounts at least once per 24 hours. The Contractor shall require staff to respond to DCPS emails or DCPS-
related emails within 24 hours. The Contractor staff shall not use non-DCPS email addresses for DCPS business.
5.3 DCPS Project Manager will provide orientation to the schools and access to any programs generally required for
school personnel, MTSS, IEPs or Section 504 plans of referred students, along with any other pertinent
information that would be helpful in supporting the students.
5.4 DCPS Project Manager will provide the Contractor access to the schools, student charts, MTSS, 504 plans and
IEPs, assessment data (ordered, open, complete, timeliness) and data related to documentation, missed and
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delivery information pertinent to therapy programming for contracted OT and PT providers through SEDS and
Frontline.
5.5 DCPS Project Manager agrees to support Contractor in the appropriate reengineering of the District’s contracted
OT & PT service delivery system, which would include, but not be limited to:
a. Development and implementation of specific exit/entry criteria
b. Appropriate discharge of students from caseload including support of student service alignment plan
meetings
c. Implementation of therapy “inclusion” and “group therapy” models when feasible and applicable
d. Strong management of the District’s team leaders to support appropriate reengineering of the delivery
system. (i.e.: for every case turned down for discharge/modification of services, DCPS agrees to review
that case with the Contractor’s clinical director and determine, if applicable, next steps to resolve)
5.6 DCPS Project Manager will also provide a directory of schools inclusive of addresses, email addresses and school
telephone numbers.
5.7 DCPS Project Manager will provide access to an itemized list of the individual students designated to receive
services and the assigned school(s) for staff via SEDS.
5.8 At any time, DCPS has the option to decrease contractual staffing as DCPS staffing increases.
5.9 DCPS will provide training in the use of the designated data management tool in use, which captures each discrete
encounter per student (i.e.: SEDS, ASPEN and Frontline)
5.10 DCPS Project Manager will provide the daily oversight of the services to students, schools and parents per the
OCA contract agreement and DCPS policies.
5.10 DCPS Project Manager and Contract Administrator will evaluate the Contractor’s performance and compliance to
the contract according to the OCA evaluation form each quarter.
5.11 DCPS Contract Administrator may disallow invoices that are not accompanied by the above requirements listed in
C.5, and for staff that have not substantiated their current licensure status with written documentation; these
invoices will not be paid until the issues in question are satisfactorily rectified.
5.12 DCPS Contract Administrator shall provide fiscal oversight of this contract.
5.13 DCPS Contract Administrator shall monitor the Contractor’s compliance with covering schools using regular or
temporary staff, meeting contract staff numbers, assessment timeliness, service documentation, service delivery,
service tracker finalization, quarterly school trainings and professional development trainings.
5.14 DCPS Contract Administrator shall review monthly invoices from Contractor for receiving and payment.
6 ADDITIONAL CONTRACTOR RESPONSIBILITIES
6.1 The Contractor shall provide documentation with invoices that:
6.1.1 Corroborate the date(s) and time(s) of service provided by occupational and physical therapists;
6.1.2 Verify arrival and departure times from schools assigned (pursuant to schedules provided) using a timesheet with
DCPS school administrator printed name and signature;
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6.1.3 Confirm the names of the students with verification of services were logged in SEDS and service trackers
finalized,
6.1.4 Confirm 95% documentation for each student;
6.1.5 Confirmed finalization of monthly service trackers by the fifth of the month and
6.1.6 Attempted delivery of 100% of services for each student by the last invoice.
6.2 The Contractor’s staff shall:
6.2.1 Follow DCPS and local schools’ policies and procedures (including attendance, on-time arrival, respect, dress
code, participating in collaborative blocks, etc.);
6.2.2 Sign in and out on a specific attendance book at schools;
6.2.3 Be subject to unannounced observations by DSI and OT and PT Program Manager;
6.2.4 Disengage from use of cellphones or texting during school hours and
6.2.5 Communication with parents outside of the presence of school-based staff, i.e. teacher, LEA Representative,
Special Education Coordinator, Principal, or Assistant Principal must be documented in the communications log.
6.3 The Contractor shall ensure compliance with US Code Title 18 Section 1001, which prohibits lying to or
concealing information from a federal official by oral affirmation, written statement or mere denial. The purpose
of the statute is to "punish those who render positive false statements designed to pervert or undermine functions
of governmental departments and agencies".
7) Date of Order
DCPS anticipates executing the Task Order for the Base Period in the amount Not to Exceed
$1,208,620.00 per the Contractor Proposal dated June 12, 2025, covering August 1, 2025, through June
30, 2026.
8) Contract
This Task order is issued against the Baltimore County Public Schools (BCPS) Contract Number JBO-
714-22-014 and the technical and price proposal for June 12, 2025, which is incorporated as part of this
Task Order.
9) PERIOD OF PERFORMANCE:
9.1 The period of performance shall be from August 1, 2025, through June 30, 2026, for the Base Period
with No Option Year Periods to be exercised.
9.8 DELIVERABLES
The Contractor shall perform the activities required to successfully complete the district’s requirements and submit each
deliverable to the Contract Administrator (CA) identified in Section 14n accordance with the following:
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Section
Reference
Performance Standard Acceptable
Quality
Level
Surveillance
Method
Consequences
1.
Sections
C.5.8.1,
C.5.10,
C.5.11
The Contractor is responsible for
ensuring all Contractors and sub-
contractors undergo the DCPS
background check procedures
and drug testing.
100% Beginning of
employment
The Contractor shall be
prohibited from
beginning employment
until all background
check procedures have
been passed and cleared.
2.
(Sections
C.5.13,
C.5.13.4,
C.5.14,
C.5.15.2,
C.5.15.3,
C.5.15.4)
The Contractor is responsible for
hiring, maintaining, and
expanding its own support staff
at its own cost and expense if
staff abruptly leaves.
Ensure
staffing
roster
reflects staff
to fill the
FTE
contract
number.
The staff
roster
includes
floating
staff.
Monthly
evaluation
The Contractor shall
secure a permanent
replacement or staff
person to cover the
position due to staff
delayed start,
resignation, separation
date or a contract
position that the
contractor is
unable to staff.
The Contractor shall
make up and deliver all
services missed due to
the vacant or abrupt
departures prior to the
end of the school year.
The Contractor shall
make–up services at no
additional cost to DCPS.
(Sections C.5.15.3,
C.5.15.4, C.5.40.8)
DCPS may reduce the
contract and/or not
exercise the option year.
3.
Section
C.5.9
The Contractor shall ensure that
all staff undergo DCPS
interviews and other hiring
processes.
100% Quarterly
evaluation
Review OTC
fingerprinting
and drug
clearance
reports.
The Contractor shall be
prohibited from starting
services until
interviewed and
approved by DCPS.
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4.
Section
C.5.17
The Contractor shall ensure all
staff attend the mandatory DCPS
trainings and professional
development meetings as
determined by the OT and PT
Program Manager.
100% Beginning of
employment and
training sign in
sheets.
Attendance will be
noted during evaluation
DCPS may request
removal of staff for
missing mandatory
training.
5.
Section
C.5.7
The Contractor must provide
proof of current certification and
licensure for all staff before staff
provides services to children.
100% 3 days prior to
the start date
Monthly review
of certification
for each staff
with the
Contractor’s
clinical lead
If at any time during the
contract period, the
Contractor’s staff have a
gap or lapse in the DC
DOH license, DCPS is
unable to obtain
Medicaid
reimbursement. The
Contractor shall
reimburse DCPS for the
hours billed by the
uncertified or
unlicensed staff.
(Section C.5.1.2)
DCPS may reduce the
contract and/or not
exercise the option year
with the Contractor.
6.
Section
C.5.12
The Contractor shall ensure all
staff possess a National Provider
Identifier (NPI) three days prior
to starting DCPS.
Due three
(3) days
prior to
starting in
DCPS as an
OT or PT
Bi-Monthly
Meetings
If at any time during the
contract period, the
Contractor’s staff have a
gap or lapse in the NPI,
DCPS is unable to obtain
Medicaid
reimbursement. The
Contractor shall
reimburse DCPS for the
hours billed by the staff
without an NPI.
(Section C.5.12)
DCPS may reduce the
contract and/or not
exercise the option year
with the Contractor.
7.
Sections
C.5.37,
C.5.37.2
The Contractor shall complete
screenings and assessments
(including bilingual) within 45
days from parental consent date.
100% Weekly DCPS may request the
removal of Contractor
staff that complete any
assessments late.
(Section C.5.37.3)
8. The Contractor shall document a
minimum of 95% of IEP
95% of the
time
Weekly/Monthly
review of SEDS
The Contractor shall
confirm the completion
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Section
C.5.39
services into SEDS on Monday
by noon.
documentation
data
of the 95%
documentation.
Contractor shall not
submit monthly invoice
for staff until staff has
documented a minimum
of 95% of all
delivered and
attempted services in
SEDS for the students in
their assigned school
and/or on their
caseload.
DCPS may request the
removal of Contractor
staff.
9.
Section
C.5.40
The Contractor shall attempt to
deliver 100% of all IEP
prescribed services to each
student on caseload.
100% of the
time
Monthly
monitoring of
delivered
services data
Quarterly, DCPS
will calculate the
amount of
missed services
students.
Contractor may be
requested to pay the
parent(s) for
compensatory education
OT or PT services based
on the undelivered
minutes.
10.
Sections
C.37.5,
C.40,
C.40.1,
C.40.2,
C.40.3
The Contractor adheres to DSI
Due Diligence Guidelines
100% of the
time
Monthly DCPS may request
removal of staff.
DCPS may reduce the
contract and/or not
exercise the option year
with the Contractor.
11.
Section
C.5.40.8
All missed sessions must be
made-up per makeup plan. This
should occur within the quarter.
100% of the
time
Monthly The Contractor shall
make up missed therapy
time. All remaining
missed therapy time
shall be made up by or
before the first day of
the last week of the
school calendar. The
Contractor shall make–
up services at no
additional cost to DCPS.
12.
Section
C.5.3.4
The Contractor shall be 100%
compliant with DCPS RMTS
95% of the
time
Quarterly DCPS may not exercise
option year with the
Contractor.
13. Provide make-up services by the
first day of the last week of
Attempted
delivery of
Monthly/
Quarterly
The Contractor shall
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Section
C.40.8
school on the academic calendar
for all missed services
100% of
services for
each
student’s
ISP, IEP, or
504 plan for
100% of all
students.
make up missed therapy
time. All remaining
missed therapy time
shall be made up by or
before the first day of
the last week of the
school calendar. The
Contractor shall make–
up services at no
additional cost to DCPS.
DCPS may not exercise
option year with the
Contractor.
14.
Section
C.5.38.2
The Contractor shall be
responsible for notifying DCPS
two weeks ahead of time when a
staff shall be resigning or is on
extended leave of absence. The
Contractor shall be responsible
for finding a replacement within
that time period.
Two weeks’
notice prior
to
separation
date
DCPS may reduce the
contract and/or not
exercise the option year
with the Contractor.
15.
Section
C.5.46,
C.5.46.1
The Contractor shall
acknowledge the right for DCPS
to request dismissal of the
Contractor staff based on a lack
of performance.
100% of
time
Bi-Weekly
meetings with
the Contractor’s
clinical manager.
Quarterly
meetings with
the Contractor
The Contractor has the
opportunity to address
the specific performance
issues within 30 days
after receipt by the
Contractor or written
notice from DCPS of
such lack of
performance.
16.
Section
C.5.48
The Contractor shall attend bi-
monthly, and quarterly meetings.
Bi-weekly DCPS may reduce the
contract and/or not
exercise the option year
with the Contractor.
17.
Sections
C.5.5,
C.5.19,
C.5.29,
C.5.35,
C.5.38
The Contractor shall adhere to
DCPS Occupational Therapy
and Physical Therapy
Guidebook.
100% of
time
Bi-Weekly
meetings with
the Contractor’s
clinical manager.
DCPS may reduce the
contract and/or not
exercise the option year
with the Contractor.
9.8.1 The Contractor shall submit to the District, as a deliverable, the report described in section 25 that is required by
the 51% District Residents New Hires Requirements and First Source Employment Agreement. If the Contractor
does not submit the report as part of the deliverables, final payment to the Contractor shall not be paid pursuant to
section 16.
10) PACKING AND MARKING
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The packaging and marking requirements for the resultant contract will be governed by the Shipping Instructions Clause
in Section 2 of the Government of the District of Columbia's Standard Contract Provisions for use with Supplies
and Services Contracts, dated July 2010, Section 41, Attachment 1 as applicable.
11) INSPECTION AND ACCEPTANCE
The inspection and acceptance requirements for the resultant contract will be governed by the Inspection of Supplies
Clause in Section 5 and the Inspection of Services Clause in Section 6 of the Government of the District of
Columbia's Standard Contract Provisions for use with Supplies and Services Contracts, dated July 2010, Section
41, Attachment 1 as applicable.
12) CONTRACTING OFFICER (CO):
Contracts may be entered into and signed on behalf of the District Government only by Contracting Officers. The
address and telephone number of the Contracting Officer for this task order is:
LaVeta Hilton
Contracting Officer
District of Columbia Public Schools
Office of Fiscal Strategy
Contracts and Acquisitions Division
1200 First Street, NE -- 9th Floor
Washington, DC 20002
T 202.442.5136 (Direct Line)
13) AUTHORIZED CHANGES BY THE CONTRACTING OFFICER
13.1 The total duration of this contract, including the exercise of any options under this clause, shall
not exceed a maximum of One Base Period.
13.2 The CO is the only person authorized to approve changes in any of the requirements of this
contract.
13.3 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.
13.4 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.
14) CONTRACT ADMINSTRATOR (CA)
14.1 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:
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14.1.1 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.
14.1.2 Coordinating site entry for Contractor personnel, if applicable.
14.1.3 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.
14.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and services. This
includes the timely processing of invoices and vouchers in accordance with the District’s payment
provisions; and
14.2 Maintaining a file that includes all contract correspondence, modifications, records of inspections (site,
data, equipment) and invoice or vouchers.
14.3 The address and telephone number of the CA is:
Vaishnavi Tallury, MA, OTR/L
Program Manager, Occupational and Physical Therapy
District of Columbia Public Schools
Division of Special Education
1200 First Street NE, 8th Floor
Washington, DC 20002
Cell: (202) 549-8795
E-mail: vaishnavi.tallury@k12.dc.gov.
14.4 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.
14.5 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.
15) INVOICE PAYMENT
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15.1 The District will make payments to the Contractor, upon the submission of proper invoices, at the prices stipulated
in this task order/contract, for supplies delivered and accepted or services performed and accepted, less any
discounts, allowances or adjustments provided for in this contract.
15.2 The District will pay the Contractor on or before the 30th day after receiving a proper invoice from the Contractor.
16) INVOICE SUBMITTAL
16.1 The Contractor shall create and submit payment requests in an electronic format through the DC Vendor Portal,
https://vendorportal.dc.gov.
16.2 The Contractor shall submit proper invoices on a monthly basis or as otherwise specified in Section 13.
16.3 To constitute a proper invoice, the Contractor shall enter all required information into the Portal after selecting the
applicable purchase order number which is listed on the Contractor’s profile.
The proper invoice shall contain below information:
16.3.1 Contractor’s name, federal tax ID and invoice date (date invoices as of the date of mailing or transmittal).
16.3.2 Contract number, purchase order number, and invoice number.
16.3.3 Description, price, quantity, and the date(s) that the supplies or services were delivered or performed.
16.3.4 Other supporting documentation or information, as required by the Contracting Officer.
16.3.5 Name, title, telephone number and complete mailing address of the responsible official to whom payment is to be
sent.
16.3.6 Name, title, phone number of person(s) preparing the invoice.
16.3.7 Name, title, phone number and mailing address of person (if different from the person identified in 13.3.6 above)
to be notified in the event of a defective invoice; and
16.3.8 Authorized signature.
16.4 PAYMENT
16.4.1 PAYMENTS ON PARTIAL DELIVERIES OF GOODS
Unless otherwise specified in this contract, payment will be made on partial deliveries of goods accepted by the
District if:
a) The amount due on the deliveries warrants it; or
b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total
contract price.
16.4.2 PAYMENTS ON PARTIAL DELIVERIES OF SERVICES
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Unless otherwise specified in this contract, payment will be made on partial deliveries of services
accepted by the District if:
a) The amount due on the deliveries warrants it; or
b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total
contract price.
16.4.3 PARTIAL PAYMENTS
Unless otherwise specified in this contract, payment will be made on partial deliveries of goods and
services accepted by the District if:
b) The amount due on the deliveries warrants it; or
b) The Contractor requests it and the amount due on the deliveries is in accordance with the following:
“Payment will be made on completion and acceptance of each item for which the price is stated in the
proposal and in Section 3”. And
c) Presentation of a properly executed invoice, Section 16.
16.4.4 LUMP SUM PAYMENT
The District will pay the full amount due the Contractor after:
a) Completion and acceptance of all work; and
b) Presentation of a properly executed invoice.
17 ASSIGNMENT OF CONTRACT PAYMENTS
17.1 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 because of the performance of this contract.
17.2 Any assignment shall cover all unpaid amounts payable under this contract and shall not be made to
more than one party.
17.3 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).”
18 THE QUICK PAYMENT CLAUSE
18.1 Interest Penalties to Contractors
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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 1.5% per month.
No interest penalty shall be paid if payment for the completed delivery of the item of property or service is made
on or before:
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.
18.1.1 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.
18.2 Payments to Subcontractors
18.2.1 The Contractor shall take one of the following actions within seven (7) days of receipt of any amount paid to the
Contractor by the District for work performed by any subcontractor under this contract:
1) 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 contract; or
2) 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.
18.2.2 The Contractor shall pay any subcontractor or supplier interest penalties on amounts due to the subcontractor or
supplier beginning on the day after the payment is due and ending on the date on which the payment is made.
Interest shall be calculated at the rate of 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.
18.2.3 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.
18.2.4 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.
18.3 Subcontract requirements
18.3.1 The Contractor shall include in each subcontract under this contract a provision requiring the subcontractor to
include in its contract with any lower-tier subcontractor or supplier the payment and interest clauses required
under paragraphs (1) and (2) of D.C. Official Code §2-221.02(d).
19) DISCLOSURE OF INFORMATION:
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No information regarding the Contractor's performance of the contract shall be disclosed to anyone other than
District Government officials unless written approval is obtained in advance from the Contracting Officer.
20) SPECIAL CONTRACT REQUIREMENTS
20.1 AUDITS, RECORDS, AND RECORD RETENTION
20.1.1 At any time or times before final payment and three (3) years thereafter, the Contracting Officer shall the right to
examine any directly pertinent books, documents, papers and records of the Contractor involving transactions
related to the contract in accordance with the Standard Contract Provisions for Use with the District of Columbia
Supply and Service Contracts. Any payment may be reduced by amounts found by the Contracting Officer not to
constitute allowable costs as adjusted for prior overpayment or underpayment. In the event that all payments have
been made to the Contractor by the District Government and an overpayment is found, the Contractor shall
reimburse the District for said overpayment within thirty (30) days after written notification.
20.1.2 The Contractor shall establish and maintain books, records, and documents (including electronic storage media) in
accordance with generally accepted accounting principles and practices, which sufficiently and properly reflect all
revenues of funds, provided by the District under the contract.
20.1.3 The Contractor shall retain all records, financial records, supporting documents, statistical records, and any other
documents (including electronic storage media) pertinent to the contract for a period of three (3) years after
termination of the contract, or if an audit has been initiated and audit findings have not been resolved at the end of
three (3) years, the records shall be retained until resolution of the audit findings or any litigation which may be
based on the terms of the contract.
20.1.4 The Contractor shall assure you 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.
20.1.5 The Contractor shall include these aforementioned audit and record keeping requirements in all approved
subcontracts and assignments.
21) PUBLICITY
The Contractor shall at all times inform the COTR and anyone he or she designates before it, any of its officers,
agents, employees or subcontractor 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. The Contractor shall follow the same process when releasing any
information bearing on the work performed or data collected under this Contract in meetings its own obligations
as a LEA.
22) CONFLICT OF INTEREST
22.1 No official or employee of the District of Columbia or the Federal Government who exercises any functions or
responsibilities in the review or approval of the undertaking or carrying out of this contract shall, prior to the
completion of the project, voluntarily acquire any personal interest, direct or indirect, in the contract or proposed
contract. (DC Procurement Practices Act of l985, D.C. Law 6-85 and Chapter 18 of the DC Personnel
Regulations).
22.2 The Contractor represents and covenants that it presently has no interest and shall not acquire any interest, direct
or indirect, which would conflict in any manner or degree with the performance of its services hereunder. The
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Contractor further covenants not to employ any person having such known interests in the performance of the
contract.
23) DEPARTMENT OF LABOR WAGE RATES
The Contractor shall be bound by the Wage Determination No. 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 55 Attachment.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 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.
24) SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED
The Contractor and any of its subcontractors shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended. This prohibits discrimination against disabled people in federally funded program and activities. See 29
U.S. Code 794 (1983) Et seq.
25) HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES
25.1 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:
25.2 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.
25.3 The Contractor shall negotiate an Employment Agreement with the DOES for jobs created because of this
contract. The DOES shall be the Contractor’s first source of referral for qualified applicants, trainees, and other
workers in the implementation of employment goals contained in this clause.
26) 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE EMPLOYMENT
AGREEMENT
26.1 The Contractor shall comply with the First Source Employment Agreement Act of 1984, as amended, D.C.
Official Code, sec. 2-219.01 et seq. (“First Source Act”). 32
26.2 The Contractor shall enter into and maintain, during the term of the contract, a First Source Employment
Agreement, (Section J.1.5) in which the Contractor shall agree that: The first source for finding employees to fill
all jobs created in order to perform this contract shall be the Department of Employment Services (“DOES”); and
the first source for finding employees to fill any vacancy occurring in all jobs covered by the First Source
Employment Agreement shall be the First Source Register.
26.3 The Contractor shall submit to DOES, no later than the 10th of each month following execution of the contract, a
First Source Agreement Contract Compliance Report (“contract compliance report”) verifying its compliance with
the First Source Agreement for the preceding month. The contract compliance report for the contract shall include
the:
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(1) Number of employees needed;
(2) Number of current employees transferred;
(3)Number of new job openings created;
(4)Number of job openings listed with DOES;
(5)Total number of all District residents hired for the reporting period and the cumulative total
number of District residents hired; and
(6)Total number of all employees hired for the reporting period and
The cumulative total number of employees hired, including:
(a) Name;
(b) Social Security number;
(c) Job title;
(d) Hire date;
(e) Residence; and
(f) Referral source for all new hires.
26.4 If the contract amount is equal to or greater than one hundred thousand dollars ($100,000.00), the Contractor agrees
that 51% of the new employees hired for the contract shall be District residents.
26.5 With the submission of the Contractor’s final request for payment from the District, the Contractor shall:
(1) Document in a report to the Contracting Officer its compliance with the Section H.10.4 of this clause; or
(2) Submit a request to the Contracting Officer for a waiver of compliance with Section H.10.4 and include the
following documentation:
(a) Material supporting a good faith effort to comply;
(b) Referrals provided by DOES and other referral sources; 33
(c) Advertisement of job openings listed with DOES and other referral sources; and
(d) Any documentation supporting the waiver request pursuant to Section H.10.6.
26.6 The Contracting Officer may waive the provisions of this section if the Contracting Officer finds that: A good faith
effort to comply is demonstrated by the Contractor; the Contractor is located outside the Washington Standard
Metropolitan Statistical Area and none of the contract work is performed inside the Washington Standard
Metropolitan Statistical Area which includes the District of Columbia; the Virginia Cities of Alexandria, Falls
Church, Manassas, Manassas Park, Fairfax, and Fredericksburg, the Virginia Counties of Fairfax, Arlington,
Prince William, Loudoun, Stafford, Clarke, Warren, Fauquier, Culpepper, Spotsylvania, and King George; the
Maryland Counties of Montgomery, Prince Georges, Charles, Frederick, and Calvert; and the West Virginia
Counties of Berkeley and Jefferson.
The Contractor enters into special workforce development training or placement arrangement with DOES; or
DOES certifies that there are insufficient numbers of District residents in the labor market possessing the skills
required by the positions created as a result of the contract.
26.7 Upon receipt of the Contractor’s final payment request and related documentation pursuant to this Section and
the Contracting Officer shall determine whether the Contractor is in compliance with this Section or whether a
waiver of compliance pursuant to this Section is justified. If the Contracting Officer determines that the
Contractor is in compliance, or that a waiver of compliance is justified, the Contract Administrator (CA) shall,
within two business days of making the determination forward a copy of the determination to the Agency Chief
Financial Officer and the CA.
26.8 Willful breach of the First Source Employment Agreement, or failure to submit the report pursuant to this
Section, or deliberate submission of falsified data, may be enforced by the Contracting Officer through
imposition of penalties, including monetary fines of 5% of the total amount of the direct and indirect labor costs
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of the contract. The Contractor shall make payment to DOES. The Contractor may appeal to the D.C. Contract
Appeals Board as provided in the contract any decision of the Contracting Officer pursuant to this Section.
26.9 The provisions of Sections H.10.4 through H10.8 do not apply to nonprofit organizations.
27) 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 COTR designated in subsection G.9 who shall 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 COTR shall forward a copy to the Contractor. In
either event, the Contractor is required by law to provide all responsive records to the COTR within the
timeframe designated by the COTR. The FOIA Officer for the agency with programmatic responsibility shall
determine the releasing of the records. The District shall 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.
28) WAY TO WORK AMENDMENT ACT OF 2006
28.1 Except as described below, the Contractor shall comply with Title I of the Way to Work
Amendment Act of 2006, effective June 8, 2006 (D.C. 35 Law 16-118, D.C. Official Code§2220.01 et eq.)
(“Living Wage Act of 2006”), for contracts for services in the amount of $100,000 or more in a 12-month period.
28.2 The Contractor shall pay its employees and subcontractors who perform services under the contract no less than
the current living wage published on the OCP website at www.ocp.dc.gov.
28.3 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.
28.4 The Department of Employment Services may adjust the living wage annually and the OCP shall publish the
current living wage rate on its website at www.ocp.dc.gov.
28.5 The Contractor shall provide a copy of the Fact Sheet attached as F to each employee and subcontractor who
performs services under the contract. The Contractor shall also post the Notice attached as Fin 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.
28.6 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.
28.7 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.
28.8 The requirements of the Living Wage Act of 2006 do not apply to:
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(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; (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.
28.9 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.
29) CRIMINAL BACKGROUND AND TRAFFIC RECORDS CHECKS FOR CONTRACTORS THAT
PROVIDE DIRECT SERVICES TO CHILDREN OR YOUTH AS APPLICABLE
29.1 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 positions requiring criminal background checks determined by the program
office.
29.2 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 positions requiring
criminal background checks determined by the program office.
29.3 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.
29.4 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.
29.5 The Contractor shall obtain from each applicant, employee and unsupervised volunteer:
(A) a written authorization which authorizes the District to conduct a criminal background check;
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(B) a written confirmation stating that the Contractor has informed him or her that the District is authorized
to conduct a criminal background check;
(C) 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 or 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;
(D) 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
(E) 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.
29.6 The Contractor shall inform each applicant, employee and unsupervised volunteer that a false statement may
subject them to criminal penalties.
29.7 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 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 14.11.5(C);
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(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.
29.8 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.
29.9 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.
29.10 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.
29.11 The Contractor shall provide copies of all criminal background and traffic check reports to the COTR within one
business day of receipt.
29.12 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.
29.13 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 COTR’s decision after his or her assessment of the criminal
background or traffic record check.
29.14 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 COTR’s decision after his or
her assessment of the criminal background or traffic record check.
29.15 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.
29.16 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 14.11.1 and 14.11.2.
29.17 An employee or unsupervised volunteer may be subject to administrative action including, but not limited to,
reassignment or termination at the discretion of the COTR after his or her assessment of a criminal background or
traffic record check.
29.18 The COTR 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
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COTR shall inform the CO of its decision, and the CO shall inform the Contractor whether an offer may be made
to each applicant.
29.19 If any application is denied because the COTR 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.
29.20 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.
30) CONTRACT CLAUSES
30. 1 DISCLOSURE OF INFORMATION
No information regarding the Contractor's performance of the contract shall be disclosed to anyone other than
District Government officials unless prior approval is obtained in advance from the COTR.
30.2 APPLICABILITY OF STANDARD CONTRACT PROVISIONS
The Standard Contract Provisions for Use with District of Columbia Government Supply and Services Contracts
dated March 2007, attached hereto as Section 55 Attachment 1 shall be applicable to the contract.
31) CONFIDENTIALITY OF INFORMATION
All information obtained by the Contractor relating to any employee or students of the District of Columbia Public
Schools shall 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.
32) ORDERING CLAUSE
32.1 Any supplies and services to be furnished under this contract must be ordered by issuance of
delivery orders or task orders by the CO. Such orders may be issued during the term of this contract/Task Order.
32.2 All orders are subject to the terms and conditions of this contract and the task order. In the
event of a conflict between a delivery order or task order and this contract, the contract shall control.
32.3 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.
33) OTHER CONTRACTORS
The Contractor shall not commit or permit any act that shall interfere with the performance of work by another
District Contractor or by any District employee except in the performance of duties outlined in this Contract.
34) 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 subcontracted shall be
performed pursuant to a subcontract agreement, which the District shall have the right to review and approve
GAGA-2025-T-0258–Occupational-Physical Therapy Services
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prior to its execution by the Contractor. Any such subcontract shall specify that the Contractor and the
subcontractor shall be subject to every provision of this contract. Notwithstanding any such subcontract approved
by the District, the Contractor shall remain liable to the District for all Contractor's work and services required
hereunder.
35) INSURANCE
A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and maintain, during the entire
period of performance under this contract, the types of insurance specified below. The Contractor shall submit a
Certificate of Insurance to the Contracting Officer (CO) giving evidence of the required coverage prior to
commencing performance under this contract. In no event shall any work be performed until the required
Certificates of Insurance signed by an authorized representative of the insurer(s) have been provided to, and
accepted by, the CO.
If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits than the minimums
shown below, the District requires and shall be entitled to the broader coverage and/or the higher limits
maintained by the Contractor and subcontractors.
B. INSURANCE REQUIREMENTS
1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide evidence satisfactory to the CO
with respect to the services performed that it carries a CGL policy, written on an occurrence (not claims-made)
basis, on Insurance Services Office, Inc. (“ISO”) form CG 00 01 04 13 (or another occurrence-based form with
coverage at least as broad and approved by the CO in writing), covering liability for all ongoing and completed
operations of the Contractor and under all subcontracts, covering claims for bodily injury, including without
limitation sickness, disease or death and mental anguish of any persons, broad form property damage, including
loss of use resulting therefrom, personal and advertising injury, and including coverage for liability arising out of
an Insured Contract (including the tort liability of another assumed in a contract) and acts of terrorism (whether
caused by a foreign or domestic source). Such coverage shall have limits of liability of not less than $1,000,000
for each occurrence, $2,000,000 general aggregate, $2,000,000 products and completed operations aggregate, and
$1,000,000 personal and advertising injury aggregate limit.
The Commercial General Liability shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage using ISO form CG 2010 0413
and CG2037 04 13 (or its equivalent) to The Government of the District of Columbia
b) Coverage available to the additional insureds shall apply on a primary and non-contributing basis as respects
any other insurance, deductibles, or self-insurance available to the additional insureds
c) A waiver of subrogation in favor of The Government of the District of Columbia
d) Any Annual Aggregate shall apply on a per location or per project basis
e) Defense costs shall be in addition to and not erode the limits of liability
2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory to the CO of commercial
(business) automobile liability insurance written on ISO form CA 00 01 10 13 (or another form with coverage at
least as broad and approved by the CO in writing) including coverage for all owned, hired, borrowed and non-
owned vehicles and equipment used by the Contractor in connection with work under this agreement, with a
minimum combined single limit of $1,000,000. Such policy or policies of automobile liability insurance shall be
written on an "occurrence" (as opposed to a "claims made") basis.
The Commercial Auto Liability policy shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage to The Government of the District
of Columbia
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b) Coverage available to the additional insureds shall apply on a primary and non-contributing basis as respects
any other insurance, deductibles, or self-insurance available to the additional insureds
c) A waiver of subrogation in favor of The Government of the District of Columbia
d) Defense costs shall be in addition to and not erode the limits of liability
e) If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened Coverage for Covered Autos -
Business Auto, Motor Carrier, and Truckers (or its equivalent)
f) Moving and Storage Companies shall be required to provide evidence of BMC91 or BMC91X filing
For Contractors providing transportation:
Contractors providing transportation must additionally comply with the following:
a) Operators holding a restricted WMATC Certificate of Authority must have a single limit of $1.5 million in
combined (bodily injury and physical damage) coverage, or
b) Operators holding an unrestricted WMATC Certificate of Authority must have a single limit of $5M in
combined (bodily injury and physical damage) coverage.
In addition, both types of WMATC certificate holders must have in place the following Licensing Requirements
as applicable:
a) Commercial Driver’s License (CDL) with the following endorsements:
i) P (Passenger): All drivers MUST have a P endorsement enabling them to transport passengers (16 or more).
ii) S (School Bus): All drivers operating school buses (flashing lights, swing arm w/stop sign) must also have an S
endorsement. Please note that driver credentials for any vehicles that are converted school buses must have.
b) Valid (unexpired) US Department of Transportation Medical Examiner Certification (“Medical Card”).
For Contractors using District Government-Owned Vehicles:
Agencies that provide Contractors with District Government-owned or leased motor vehicles are responsible for
ensuring that such vehicles are used only for the performance under this Contract. Contractor and its
subcontractors are prohibited from using such vehicles for home-to-work transportation unless specifically
provided for under the terms of the contract and approved in writing by the Contracting Officer or otherwise
provided by law. Contractor shall obtain automobile liability insurance with a minimum combined single
limit of $1,000,000 to cover bodily injury and property damage to protect the Contractor and the District
Government against third-party claims arising from the use of District Government-owned vehicles. The
Commercial Auto Liability Policy shall be endorsed to include:
a) To the fullest extent permitted by law, provide additional insured coverage to The Government of the District
of Columbia;
b) Coverage available to the additional insureds shall apply on a primary and non-contributing basis as respects
any other insurance, deductibles, or self-insurance available to the additional insureds; and
c) A waiver of subrogation in favor of The Government of the District of Columbia.
In the event of loss, destruction, or damage to any government-owned vehicles used in the performance of
contact, Contractor shall be liable for full cost of repair or replacement of lost, destroyed, or damaged
vehicle.
3. Workers’ Compensation Insurance - The Contractor shall provide evidence satisfactory to the CO of Workers’
Compensation insurance in accordance with the statutory mandates of the District of Columbia or the jurisdiction
in which the contract is performed.
Employer’s Liability Insurance - The Contractor shall provide evidence satisfactory to the CO of employer’s
liability insurance as follows: $500,000 per accident for injury; $500,000 per employee for disease; and $500,000
for policy disease limit.
The Workers Compensation and Employers Liability shall be further endorsed to:
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a) Include a Waiver of Subrogation in favor of The Government of the District of Columbia.
b) Where applicable, include United States Longshore and Harbor Workers Compensation Act (USL&H)
c) Where applicable, include Jones Act Coverage for seamen or crew members on an “if any” basis.
4. Media Liability and Network Security/Privacy (Cyber) Liability Insurance covering acts, errors, omissions, and
violation of any consumer protection laws arising out of Contractor’s operations or services with a limit of
$3,000,000 per claim and in the aggregate. Such coverage shall include but not be limited to, third party and first
party coverage for loss or disclosure of any data, including personally identifiable information and payment card
information, network security failure, violation of any consumer protection laws, unauthorized access and/or use
or other intrusions, infringement of any intellectual property rights (except patent), negligence or breach of duty
to use reasonable care, breach of any duty of confidentiality, invasion of privacy, or violations of any other legal
protections for personal information, defamation, libel, slander, commercial disparagement, negligent
transmission of computer virus, or use of computer networks in connection with denial of service attacks. Such
coverage shall include regulatory defense and fines/penalties in any jurisdiction anywhere in the world. Such
coverage shall include contractual privacy coverage for data breach response and crisis management costs that
would be incurred by Contractor on behalf of The Government of the District of Columbia in the event of a data
breach including legal and forensic expenses, notification costs, credit monitoring costs, and costs to operate a call
center. Contractor shall maintain coverage in force during the term of this Agreement and for an extended
reporting period of not less than two (2) years after.
5. Professional Liability Insurance (Errors & Omissions) - The Contractor shall provide Professional Liability
Insurance (Errors and Omissions) to cover liability resulting from any error or omission in the performance of
professional services under this Contract. The policy shall provide limits of $1,000,000 per claim or per
occurrence for each wrongful act and $2,000,000 annual aggregate. The Contractor warrants that any applicable
retroactive date precedes the date the Contractor first performed any professional services for the Government of
the District of Columbia and that continuous coverage will be maintained or an extended reporting period will be
exercised for a period of at least ten years after the completion of the professional services. Limits may not be
shared with other lines of coverage.
6. Employment Practices Liability - The Contractor shall provide evidence satisfactory to the CO with respect to the
operations performed to cover the defense of claims arising from employment related wrongful acts including but
not limited to: Discrimination, Sexual Harassment, Wrongful Termination, Workplace Torts, "Bullying" in "any
location" and "by any means," including the Internet, whether between employees of contractor or against third
parties. Employment Practices Liability coverage must specifically state Third Party Liability coverage is
included. Contractor will indemnify and defend The Government of the District of Columbia should it be named
co-defendant or be subject to or party of any claim. Coverage shall also extend to Temporary Help Firms and
Independent Contractors hired by Contractor. The policy shall provide limits of not less than $1,000,000 for each
wrongful act and $2,000,000 annual aggregate for each wrongful act.
7. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence satisfactory to the CO of
commercial umbrella with minimum limits of $5,000,000 per occurrence and $5,000,000 in the annual aggregate.
Coverage must excess of required commercial general liability, commercial auto liability, and employers’
liability. The insurance required under this paragraph shall be written in a form that annually reinstates all
required limits. Coverage shall be primary to any insurance, self-insurance or reinsurance maintained by The
Government of the District of Columbia and the “other insurance” provision must be amended in accordance with
this requirement and principles of vertical exhaustion.
8. Sexual/Physical Abuse & Molestation - The Contractor shall provide evidence satisfactory to the CO with respect
to the services performed that it carries $1,000,000 per occurrence limits; $2,000,000 aggregate of affirmative
abuse and molestation liability coverage. Coverage should include physical abuse, such as sexual or other bodily
harm and non-physical abuse, such as verbal, emotional, or mental abuse; any actual, threatened or alleged act;
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errors, omission or misconduct. This insurance requirement will be considered met if the general liability
insurance includes an affirmative sexual abuse and molestation endorsement for the required amounts or through
a separate stand-alone sexual abuse and molestation policy with confirmation there are no exclusions for abuse or
assault & battery under the General Liability. So called “silent” coverage or “shared” limits under a commercial
general liability or professional liability policy will not be acceptable. Limits may not be shared with other lines
of coverage. The applicable policy may need to be submitted to the Office of Risk Management for compliance
review.
C. SUBCONTRACTOR INSURANCE REQUIREMENTS
Any and all subcontractors engaged by Contractor for work under this agreement shall be required to have the same
insured required of Contractor. Should the Contractor wish to propose different insurance requirements for the
subcontractor than the ones outlined in the Contract, then, prior to commencement of work by the subcontractor,
the Contractor shall submit in writing the name and brief description of work to be performed by the
subcontractor to the CO. The CO will promptly provide in writing to the Contractor with a decision regarding the
insurance requirements applicable to the subcontractor. When requested by the CO, the Contractor must provide
proof of the subcontractor's required insurance prior to commencement of work by the subcontractor.
D. PRIMARY AND NONCONTRIBUTORY INSURANCE. The insurance required herein shall be primary to
and will not seek contributions from any other insurance, reinsurance or self-insurance including any deductible
or retention, maintained by the Government of the District of Columbia.
E. DURATION. The Contractor shall carry all required insurance until all contract work is accepted by The
Government of the District of Columbia and shall carry listed coverages for ten years for construction projects
following final acceptance of the work performed under this contract and two years for non-construction related
contracts.
F. LIABILITY. These are the required minimum insurance requirements established by The Government of the
District of Columbia. However, it is understood that The Government of the District of Columbia does not in any
way represent that the insurance or the limits of insurance specified herein are sufficient or adequate to protect
your interests or liabilities and will not in any way limit the contractor’s liability under this contract.
G. CONTRACTOR’S PROPERTY. Contractors and subcontractors are solely responsible for any loss or damage
to their personal property, including but not limited to tools and equipment, scaffolding, and temporary structures,
rented machinery, or owned and leased equipment. A waiver of subrogation shall apply in favor of The
Government of the District of Columbia.
H. MEASURE OF PAYMENT. The Government of the District of Columbia shall not make any separate measure
or payment for the cost of insurance and bonds. The Contractor shall include all the costs of insurance and bonds
in the contract price.
I. NOTIFICATION. The Contractor shall ensure that all policies provide that the CO shall be given thirty (30)
days prior written notice in the event of cancellation, non-renewal, or material changes to the extent such
cancellation or material changes results in Contractor no long complying with the above requirements. The
Contractor shall provide the CO with ten (10) days prior written notice in the event of non-payment of premium.
The Contractor will also provide the CO with an updated Certificate of Insurance should its insurance coverages
renew during the contract. The Government of the District of Columbia may reasonably change the above
insurance coverage requirements during the Term by giving Contractor at least 30 days’ notice of the change.
Contractor must comply, at your expense, and deliver to the CO evidence of compliance before the change
becomes effective.
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J. CERTIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days after execution of this
Agreement, certificates of insurance evidencing the required insurance coverage and endorsements required
herein. Contractor must also provide us with evidence of renewal before the expiration date of each insurance
policy. Contractor is responsible for providing us with 30 days advanced written notice if the certificate of
insurance by the insurer has been canceled, reduced in coverage, or otherwise altered. Certificates of insurance
must reference the corresponding contract number. Evidence of insurance shall be submitted to:
The Government of the District of Columbia
And mailed to the attention of:
LaVeta Hilton
Contracting Officer
District of Columbia Public Schools
Office of Fiscal Strategy
1200 First Street, NE 9th Floor
Washington, DC 20002
T 202.442.5136 (Direct Line)
The CO may request, and the Contractor shall promptly deliver updated certificates of insurance, endorsements indicating
the required coverages, and/or certified copies of the insurance policies. If the insurance initially obtained by the
Contractor expires prior to completion of the contract, renewal certificates of insurance and additional insured and
other endorsements shall be furnished to the CO prior to the date of expiration of all such initial insurance. For all
coverage required to be maintained after completion, an additional certificate of insurance evidencing such
coverage shall be submitted to the CO on an annual basis as the coverage is renewed (or replaced).
K. DISCLOSURE OF INFORMATION. The Contractor agrees that The Government of the District of Columbia
may disclose the name and contact information of its insurers to any third party which presents a claim against
The Government of the District of Columbia for any damages or claims resulting from or arising out of work
performed by the Contractor, its agents, employees, servants or subcontractors in the performance of this contract.
L. CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in connection with this
contract shall be written by insurance companies with an A.M. Best Insurance Guide rating of at least A- VII or
better (or the equivalent by any other rating agency) and licensed in the District of Columbia.
M. WARRANTIES. When applicable, the Contractor should be named as an additional insured on the applicable
manufacturer’s/distributer’s Commercial General Liability policy using Insurance Services Office, Inc. (“ISO”)
form CG 20 15 04 13 (or another occurrence-based form with coverage at least as broad). CO should collect,
review for accuracy, and maintain all warranties for goods and services.
36) EQUAL EMPLOYMENT OPPORTUNITY
In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order 85-85 dated June 10,
1985, and the forms completed for the Equal Employment Opportunity Information Report. An award cannot be
made to any Offeror who has not satisfied the equal employment requirements.
37) FIRST SOURCE EMPLOYMENT AGREEMENT
The Contractor shall maintain compliance with the terms and conditions of the First Source Employment Agreement
executed between the District of Columbia and the Contractor throughout the entire duration of the contract.
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38) CONTRACTS IN EXCESS OF ONE MILLION DOLLARS / PRE-AWARD APPROVAL
The award and enforceability of this contract is contingent upon approval of the Council of the District of
Columbia.
In accordance with D.C. Official Code §2-301.05a, the Mayor must submit to the Council for approval any
contract action over one million dollars within a 12-month period.
39) GOVERNING LAW
This contract, and any disputes arising out of or related to this contract, shall be governed by, and
construed in accordance with, the laws of the District of Columbia.
40) ANTI-DEFICIENCY ACT
DCPS’s duty to fulfill financial obligations of any kind pursuant to any and all provisions of this agreement, or
any subsequent agreement entered into pursuant to this agreement, are and shall remain subject to the provisions
of (i) the federal Anti-Deficiency Act, 31 U.S.C. §§ 1341, 1342, 1349-1351, (ii) the District of Columbia Anti-
Deficiency Act, D.C. Official Code §§ 47-355.01-355.08 (2001); (iii) D.C. Official Code § 47-105 (2001), and
D.C. Official Code § 1-204.46 (2006 Supp.), as the foregoing statutes may be amended from time to time,
regardless of whether a particular obligation has been expressly so conditioned. Pursuant to the Anti-Deficiency
Acts, nothing in this agreement shall create an obligation on DCPS in anticipation of an appropriation by
Congress for such purpose, and DCPS’s legal liability for any obligations under this agreement shall not arise or
obtain in advance of the lawful availability of appropriated funds for the applicable fiscal year as approved by
Congress.
41) ORDER OF PRECEDENCE
The following is a list of documents in the order of priority to resolve any conflicts or inconsistencies among the
terms of this contract or in the terms of any attachments to this contract:
a. Task Order Number: GAGA-2025-T-0258.
b. Standard Contract Provisions for use with District of Columbia Government Supply and Services Contract,
dated July 2010 (Section 55, Attachment 1).
c) BCPS Contract Number JBO-714-22-014 (Section 55, Attachment 12).
d) Contractor’s Price Quotes received June 12, 2025.
42. DISPUTES
Delete Article 14, Disputes, of the Standard Contract Provisions dated July 2010 for use with District of Columbia
Government Supplies and Services Contracts and substitute the following Article 14, Disputes, in its place:
14. Disputes
All disputes arising under or relating to the contract shall be resolved as provided herein.
(a) Claims by the Contractor against the District: Claim, as used in paragraph (a) of this clause, means a written
assertion by the Contractor seeking, as a matter of right, the payment of money in a sum certain, the adjustment or
interpretation of contract terms, or other relief arising under or relating to the contract. A claim arising under a
contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that
provides for the relief sought by the claimant
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(1) All claims by a Contractor against the District arising under or relating to a contract shall be in writing and shall
be submitted to the CO for a decision. The Contractor’s claim shall contain at least the following:
(i) A description of the claim and the amount in dispute;
(ii) Data or other information in support of the claim;
(iii) A brief description of the Contractor’s efforts to resolve the dispute prior to filing the claim; and
(iii) The Contractor’s request for relief or other action by the CO.
(2) The CO may meet with the Contractor in a further attempt to resolve the claim by agreement.
(3) The CO shall issue a decision on any claim within 120 calendar days after receipt of the claim. Whenever
possible, the CO shall take into account factors such as the size and complexity of the claim and the adequacy of
the information in support of the claim provided by the Contractor.
(4) The CO’s written decision shall do the following:
(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings of fact, although specific findings of
fact are not required and, if made, shall not be binding in any subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine the amount of
monetary
settlement, the contract adjustment to be made, or other relief to be granted;
(vi) Indicate that the written document is the CO’s final decision; and
(vii) Inform the Contractor of the right to seek further redress by appealing the decision to
the Contract Appeals Board.
(5) Failure by the CO to issue a decision on a contract claim within 120 days of receipt of the claim will be deemed to
be a denial of the claim and will authorize the commencement of an appeal to the Contract Appeals Board as
provided by D.C. Official Code § 2 360.04.
(6) If a contractor is unable to support any part of its claim and it is determined that the inability is attributable to a
material misrepresentation of fact or fraud on the part of the Contractor, the Contractor shall be liable to the
District for an amount equal to the unsupported part of the claim in addition to all costs to the District attributable
to the cost of reviewing that part of the Contractor’s claim. Liability under this paragraph (a)(6) shall be
determined within six (6) years of the commission of the misrepresentation of fact or fraud.
(7) Pending final decision of an appeal, action, or final settlement, the Contractor shall proceed diligently with
performance of the contract in accordance with the decision of the CO.
(b) Claims by the District against the Contractor: Claim as used in paragraph (b) of this clause, means a written
demand or written assertion by the District seeking, as a matter of right, the payment of money in a sum certain,
the adjustment of contract terms, or other relief arising under or relating to the contract. A claim arising under a
contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that
provides for the relief sought by the claimant.
(1) The CO shall decide all claims by the District against a contractor arising under or relating to a contract.
(2) The CO shall send written notice of the claim to the contractor. The CO’s written decision shall do the following:
GAGA-2025-T-0258–Occupational-Physical Therapy Services
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(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings of fact, although
specific findings of fact are not required and, if made, shall not be binding in any subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine the amount of monetary settlement, the
contract adjustment to be made, or other relief to be granted;
(vi) Indicate that the written document is the CO’s final decision; and
(vii) Inform the Contractor of the right to seek further redress by appealing the decision to the Contract
Appeals Board.
(3) The CO shall support the decision by reasons and shall inform the Contractor of its rights as provided herein.
(4) Before or after issuing the decision, the CO may meet with the Contractor to attempt to resolve the claim by
agreement.
(5) The authority contained in this paragraph (b) shall not apply to a claim or dispute for penalties or forfeitures
prescribed by statute or regulation which another District agency is specifically authorized to administer, settle or
determine.
(6) This paragraph shall not authorize the CO to settle, compromise, pay, or otherwise adjust any claim involving
fraud.
(c) Decisions of the CO shall be final and not subject to review unless the Contractor timely commences an
administrative appeal for review of the decision, by filing a complaint with the Contract Appeals Board, as
authorized by D.C. Official Code § 2-360.04.
(d) Pending final decision of an appeal, action, or final settlement, the Contractor shall proceed diligently with
performance of the contract in accordance with the decision of the CO.
43. CHANGES
Delete clause 15, Changes, of the Standard Contract Provisions dated July 2010 for use with District of Columbia
Government Supplies and Services Contracts and substitute the following clause 15, Changes in its place:
15. Changes:
(a) The CO may, at any time, by written order, and without notice to the surety, if any, make changes in the contract
within the general scope hereof. If such change causes an increase or decrease in the cost of performance of the
contract, or in the time required for performance, an equitable adjustment shall be made. Any claim for
adjustment for a change within the general scope must be asserted within ten (10) days from the date the change is
ordered; provided, however, that the CO, if he or she determines that the facts justify such action, may receive,
consider and adjust any such claim asserted at any time prior to the date of final settlement of the contract. If the
parties fail to agree upon the adjustment to be made, the dispute shall be determined as provided in clause 14
Disputes.
(b) The District shall not require the Contractor, and the Contractor shall not require a subcontractor, to undertake any
work that is beyond the original scope of the contract or subcontract, including work under a District-issued
change order, when the additional work increases the contract price beyond the not-to-exceed price or negotiated
maximum price of this contract, unless the CO:
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(1) Agrees with Contractor, and if applicable, the subcontractor on a price for the additional work;
(2) Obtains a certification of funding to pay for the additional work;
(3) Makes a written, binding commitment with the Contractor to pay for the additional work within 30-days after the
Contractor submits a proper invoice; and
(4) Provides the Contractor with written notice of the funding certification.
(c) The Contractor shall include in its subcontracts a clause that requires the Contractor to:
(1) Within 5 business days of its receipt of notice the approved additional funding, provide the subcontractor with
notice of the amount to be paid to the subcontractor for the additional work to be performed by the subcontractor;
(2) Pay the subcontractor any undisputed amount to which the subcontractor is entitled for the additional work within
10 days of receipt of payment from the District; and
(3) Notify the subcontractor and CO in writing of the reason the Contractor withholds any payment from a
subcontractor for the additional work.
(d) Neither the District, Contractor, nor any subcontractor may declare another party to be in default, or assess, claim,
or pursue damages for delays, until the parties to agree on a price for the additional work.
44. ESTIMATED QUANTITIES
44.1 It is the intent of the District to secure a contract for all of the needs of the designated agencies for items specified
herein which may occur during the contract term. The District agrees that it will purchase its requirements of the
articles or services included herein from the Contractor. Articles or services specified herein have a history of
repetitive use in the District agencies. The estimated quantities stated in the RFP reflect the best estimates
available. They shall not be construed to limit the quantities which may be ordered from the Contractor by the
District or to relieve the Contractor of his obligation to fill all such orders. Orders will be placed from time to time
if and when needs arise for delivery, all charges prepaid, to the ordering agency. The District does not guarantee
to order any specific quantities of any item(s) or work hours of service.
45. CONTRACT WORK HOURS AND SAFETY STANDARDS
45.1 The Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act
(Act), 40 U.S.C §327-330, as supplemented by the Department of Labor regulations, 29 CFR Part 5. Under
Section 103 of the Act, the Contractor shall be required to compute the wages of every laborer on the basis of a
standard workday of eight hours and a standard workweek of 40 hours. Work in excess of the standard workday
or standard workweek is permissible, provide that the worker is compensated at a rate of not less than 1 ½ times
the basic rate of pay for all hours worked in excess of eight hours in any calendar day or forty hours in any work
week.
46 PREGNANT WORKERS FAIRNESS
46.1 The Contractor shall comply with the Protecting Pregnant Workers Fairness Act of 2016, D.C. Official Code §
32-1231.01 et seq. (PPWF Act).
46.2 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;
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(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;
(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.
46.3 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.
46.4 The Contractor shall provide an accurate written translation of the notice of rights to any non-English or non-
Spanish speaking employee.
46.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.
47 UNEMPLOYED ANTI-DISCRIMINATION
47.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C. Official Code § 32-
1361 et seq.
47.2 The Contractor shall not:
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(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.
47.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties as described in the Act.
48. ADVISORY AND ASSISTANCE SERVICES:
48.1 This contract is a “non-personal services contract”. The Contractor and the Contractor’s employees: (1) shall
perform the services specified herein as independent contractors, not as employees of the government; (2) shall be
responsible for their own management and administration of the work required and bear sole responsibility for
complying with any and all technical, schedule, financial requirements or constraints attendant to the performance
of this contract; (3) shall be free from supervision or control by any government employee with respect to the
manner or method of performance of the service specified; but (4) shall, pursuant to the government’s right and
obligation to inspect, accept or reject work, comply with such general direction of the CO, or the duly authorized
representative of the CO as is necessary to ensure accomplishment of the contract objectives.
49. AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)
49.1 During the performance of this 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.
50. SUBCONTRACTING REQUIREMENTS
50.1 Mandatory Subcontracting Requirements:
50.1.1 Unless the Director of the Department of Small and Local Business Development (DSLBD) has approved
a waiver in writing, for all contracts in excess of $250,000, at least 35% of the dollar volume of the contract shall
be subcontracted to qualified small business enterprises (SBEs).
50.1.2 If there are insufficient SBEs to completely fulfill the requirement of paragraph H.9.1.1, then the
subcontracting may be satisfied by subcontracting 35% of the dollar volume to any qualified certified business
enterprises (CBEs); provided, however, that all reasonable efforts shall be made to ensure that SBEs are
significant participants in the overall subcontracting work.
50.1.3 A prime contractor that is certified by DSLBD as a small, local or disadvantaged business enterprise shall
not be required to comply with the provisions of sections H.9.1.1 and H.9.1.2.
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50.1.4 Except as provided in H.9.1.5 and H.9.1.7, a prime contractor that is a CBE and has been granted a
proposal preference pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside program, shall
perform at least 35% of the contracting effort with its own organization and resources and, if it subcontracts, 35%
of the subcontracting effort shall be with CBEs. A CBE prime contractor that performs less than 35% of the
contracting effort shall be subject to enforcement actions under D.C. Official Code § 2-218.63.
50.1.5 A prime contractor that is a certified joint venture and has been granted a proposal preference pursuant to
D.C. Official Code § 2-218.43, or is selected through a set-aside program, shall perform at least 50% of the
contracting effort with its own organization and resources and, if it subcontracts, 35% of the subcontracting effort
shall be with CBEs. A certified joint venture prime contractor that performs less than 50% of the contracting
effort shall be subject to enforcement actions under D.C. Official Code § 2-218.63.
50.1.6 Each CBE utilized to meet these subcontracting requirements shall perform at least 35% of its contracting
effort with its own organization and resources.
50.1.7 A prime contractor that is a CBE and has been granted a proposal preference pursuant to D.C. Official
Code § 2-218.43, or is selected through a set-aside program, shall perform at least 50% of the on-site work with
its own organization and resources if the contract is $1 million or less.
H.9.2 Subcontracting Plan
If the prime contractor is required by law to subcontract under this contract, it must subcontract at least 35% of
the dollar volume of this contract in accordance with the provisions of section H.9.1 of this clause. The plan shall
be submitted as part of the proposal and may only be amended after award with the prior written approval of the
CO and Director of DSLBD. Any reduction in the dollar volume of the subcontracted portion resulting from an
amendment of the plan after award shall inure to the benefit of the District.
Each subcontracting plan shall include the following:
(1) The name and address of each subcontractor;
(2) A current certification number of the small or certified business enterprise;
(3) The scope of work to be performed by each subcontractor; and
(4) The price that the prime contractor will pay each subcontractor.
50.3 Copies of Subcontracts:
Within twenty-one (21) days of the date of award, the Contractor shall provide fully executed copies of all
subcontracts identified in the subcontracting plan to the CO, CA, District of Columbia Auditor and the Director of
DSLBD.
50.4 Subcontracting Plan Compliance Reporting:
50.4.1 If the Contractor has a subcontracting plan required by law for this contract, the Contractor shall submit a
quarterly report to the CO, CA, District of Columbia Auditor and the Director of DSLBD. The quarterly report
shall include the following information for each subcontract identified in the subcontracting plan:
(A) The price that the prime contractor will pay each subcontractor under the subcontract;
(B) A description of the goods procured, or the services subcontracted for;
(C) The amount paid by the prime contractor under the subcontract; and
(D) A copy of the fully executed subcontract, if it was not provided with an earlier quarterly report.
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50.4.2 If the fully executed subcontract is not provided with the quarterly report, the prime contractor will not receive
credit toward its subcontracting requirements for that subcontract.
50.5 Annual Meetings:
Upon at least 30-days written notice provided by DSLBD, the Contractor shall meet annually with the CO, CA,
District of Columbia Auditor and the Director of DSLBD to provide an update on its subcontracting plan.
50.6 Notices
The Contractor shall provide written notice to the DSLBD and the District of Columbia Auditor upon
commencement of the contract and when the contract is completed.
50.7 Enforcement and Penalties for Breach of Subcontracting Plan:
50.7.1 A contractor shall be deemed to have breached a subcontracting plan required by law, if the contractor (i) fails to
submit subcontracting plan monitoring or compliance reports or other required subcontracting information in a
reasonably timely manner; (ii) submits a monitoring or compliance report or other required subcontracting
information containing a materially false statement; or (iii) fails to meet its subcontracting requirements.
50.7.2 A contractor that is found to have breached its subcontracting plan for utilization of CBEs in the performance of a
contract shall be subject to the imposition of penalties, including monetary fines in accordance with D.C. Official
Code § 2-218.63.
50.7.3 If the CO determines the Contractor’s failure to be a material breach of the contract, the CO shall have cause to
terminate the contract under the default provisions in clause 8 of the SCP, Default.
51 FAIR CRIMINAL RECORD SCREENING
51.1 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.
51.2 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.
51.3 After making a conditional offer of employment, the Contractor may require an applicant to disclose or reveal a
criminal conviction.
51.4 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.
51.5 This section and the provisions of the Act shall not apply:
(a) Where a federal or District law or regulation requires the consideration of an applicant’s criminal history
for the purposes of employment;
(b) To a position designated by the employer as part of a federal or District government program or
obligation that is designed to encourage the employment of those with criminal histories;
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(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.
51.6 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.
52. CONTRACTS THAT CROSS FISCAL YEARS – NOT APPLICABLE
52.1 Continuation of this contract beyond the current fiscal year is contingent upon future fiscal appropriations.
53. TIME:
53.1 Time, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless otherwise stated herein.
54. RIGHTS IN DATA:
Delete Article 42, Rights in Data, of the Standard Contract Provisions dated July 2010 for use with District of
Columbia Government Supplies and Services Contracts and substitute the following Article 42, Rights in Data) in
its place:
A. Definitions
1. “Products” - A deliverable under any contract that may include commodities, services and/or technology
furnished by or through Contractor, including existing and custom Products, such as, but not limited to: a)
recorded information, regardless of form or the media on which it may be recorded; b) document research; c)
experimental, developmental, or engineering work; d) licensed software; e) components of the hardware
environment; f) printed materials (including but not limited to training manuals, system and user documentation,
reports, drawings); g) third party software; h) modifications, customizations, custom programs, program listings,
programming tools, data, modules, components; and i) any intellectual property embodied therein, whether in
tangible or intangible form, including but not limited to utilities, interfaces, templates, subroutines, algorithms,
formulas, source code, and object code.
2. “Existing Products” - Tangible Products and intangible licensed Products that exist prior to the commencement
of work under the contract. Existing Products must be identified on the Product prior to commencement of work
or else will be presumed to be Custom Products.
3. “Custom Products” - Products, preliminary, final or otherwise, which are created or developed by Contractor,
its subcontractors, partners, employees, resellers or agents for the District under the contract.
4. “District” – The District of Columbia and its agencies.
B. Title to Project Deliverables
The Contractor acknowledges that it is commissioned by the District to perform services detailed in the contract.
The District shall have ownership and rights for the duration set forth in the contract to use, copy, modify,
distribute, or adapt Products as follows:
1. Existing Products: Title to all Existing Licensed Product(s), whether or not embedded in, delivered or operating in
conjunction with hardware or Custom Products, shall: (1) remain with Contractor or third party proprietary owner,
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who retains all rights, title and interest (including patent, trademark or copyrights). Effective upon payment, the
District is granted an irrevocable, non-exclusive, worldwide, paid-up license to use, execute, reproduce, display,
perform, adapt (unless Contractor advises the District as part of Contractor’s proposal that adaptation will violate
existing agreements or statutes and Contractor demonstrates such to the District’s satisfaction) and distribute
Existing Product to District users up to the license capacity stated in the contract with all license rights necessary
to fully effect the general business purpose(s) of the project or work plan or contract; and (2) be licensed in the
name of the District. The District agrees to reproduce the copyright notice and any other legend of ownership on
any copies authorized under this paragraph.
2. Custom Products: Effective upon Product creation, Contractor hereby conveys, assigns, and transfers to the
District the sole and exclusive rights, title and interest in Custom Product(s), whether preliminary, final or
otherwise, including all patent, trademark and copyrights. Contractor hereby agrees to take all necessary and
appropriate steps to ensure that the Custom Products are protected against unauthorized copying, reproduction and
marketing by or through Contractor.
C. Transfers or Assignments of Existing or Custom Products by the District
The District may transfer or assign Existing or Custom Products and the licenses thereunder to another District
agency. Nothing herein shall preclude the Contractor from otherwise using the related or underlying general
knowledge, skills, ideas, concepts, techniques and experience developed under a project or work plan in the
course of Contractor’s business.
D. Subcontractor Rights
Whenever any data, including computer software, are to be obtained from a subcontractor under the contract, the
Contractor shall use this clause, Rights in Data, in the subcontract, without alteration, and no other clause shall be
used to enlarge or diminish the District’s or the Contractor’s rights in that subcontractor data or computer
software which is required for the District.
E. Source Code Escrow [NOT APPLICABLE}
1. For all computer software furnished to the District with the rights specified in section B.2, the Contractor shall furnish
to the District, a copy of the source code with such rights of the scope as specified in section B.2 of this clause.
For all computer software furnished to the District with the restricted rights specified in section B.1 of this clause,
the District, if the Contractor either directly or through a successor or affiliate shall cease to provide the
maintenance or warranty services provided the District under the contract or any paid-up maintenance agreement,
or if the Contractor should be declared insolvent by a court of competent jurisdiction, shall have the right to
obtain, for its own and sole use only, a single copy of the current version of the source code supplied under the
contract, and a single copy of the documentation associated therewith, upon payment to the person in control of
the source code the reasonable cost of making each copy.
2. If the Contractor or Product manufacturer/developer of software furnished to the District with the rights specified in
section B.1 of this clause offers the source code or source code escrow to any other commercial customers, the
Contractor shall either: (1) provide the District with the source code for the Product; (2) place the source code in a
third party escrow arrangement with a designated escrow agent who shall be named and identified to the District,
and who shall be directed to release the deposited source code in accordance with a standard escrow arrangement
acceptable to the District; or (3) will certify to the District that the Product manufacturer/ developer has named the
District as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall
be named and identified to the District, and who shall be directed to release the deposited source code in
accordance with the terms of escrow.
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3. The Contractor shall update the source code, as well as any corrections or enhancements to the source code, for each
new release of the Product in the same manner as provided above and certify such updating of escrow to the
District in writing.
F. Indemnification and Limitation of Liability
The Contractor shall indemnify and save and hold harmless the District, its officers, agents and employees acting
within the scope of their official duties against any liability, including costs and expenses, (i) for violation of
proprietary rights, copyrights, or rights of privacy, arising out of the publication, translation, reproduction,
delivery, performance, use or disposition of any data furnished under this contract, or (ii) based upon any data
furnished under this contract, or based upon libelous or other unlawful matter contained in such data.
55 ATTACHMENTS:
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The
followin
g list of
Document
To Be
Submitted
with Offer
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 “Solicitation Attachments”
No
2 U.S. Department of Labor Wage Determination N0.: 2015-4281, Revision
No.: 27, Date of Revision: 06/30/2023
No
3
Office of Local Business Development Equal Employment Opportunity Information
Report and Mayor’s Order 85-85
available at www.ocp.dc.gov, click on “Solicitation Attachments”
Yes
4 Department of Employment Services First Source Employment Agreement
available at http://ocp.dc.gov, under Quick Links click on “Required Solicitation
Documents”
Yes
5
Way to Work Amendment Act of 2006 - Living Wage Notice available at
http://ocp.dc.gov, under Quick Links click on “Required Solicitation
Documents”
No
6
Way to Work Amendment Act of 2006 - Living Wage Fact Sheet available at
http://ocp.dc.gov, under Quick Links click on “Required Solicitation
Documents”
No
7
Tax Certification Affidavit available at http://ocp.dc.gov, under Quick Links click
on “Required Solicitation Documents”
Yes
8 Certificate of Clean Hands Yes
9 Bidder/Offeror Certification Form Yes
10 All licenses as required in this Solicitation Yes
11 Insurance Certificate (Clause 33) Yes
12 BCPS Contract Number JBO-714-22-014 No
13 SY 2025-2026 DCPS Occupational Therapy and Physical Therapy Program
Guidebook
Yes
14 DSI 18-19 Programs & Resources Guide for Staff No
15 Due Diligence Guidelines: Untimely Assessments and Missed Services No
16 Sample Contractor Invoice Cover No
17 Sample Contractor Invoice Time Tracking Form No
18 Contractor’s Subcontracting Plan Yes
19 Statement of Services Agreement for Parentally Placed Private School
Children with Disabilities
Yes
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20 Contractor Price Proposal dated June 12, 2025 No
21 Attendance Intervention Protocol No
56 TOTAL AGREEMENT OF THE PARTIES
This contract/task order, including incorporated documents, constitutes the entire agreement between the parties. All
previous discussions, writings and agreements shall not provide a basis for modifying or changing this written contract.
END OF THE DOCUMENT.