Proposed Contract with Pathways Group, LLC to Contract No. DCRL-2025-H-0016

MURIELBOWSERMAYOR
February26,2026
The 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 § I-
204.51)and section202ofthe ProcurementPracticesReform Act of 2010 (D.C.OfficialCode §
2-352.02),enclosedforconsiderationand approvalby theCouncilof theDistrictof Columbia is
proposed definitiveContractNo. DCRL-2025-H-0016 with Pathways Group, LLC inthe not-to-
exceed amountof $1,156,710.11.The periodof performance isfrom December 1,2025, through
September 30,2026.
Undertheproposedcontract,PathwaysGroup,LLCwillprovideshort-term(90-day)residentiservicesforyouthwhoareinthecareoftheChildandFamilyServicesAgency(“CFSA”Servicesinclude24-hourroomandboardaswellascaseplanningsupport.psychosocialassessments,andguidancetohelpcareforclientsbetweentheagesof12and17whocannototherwisebeservedbytraditionalfosterhomesandgrouphomes.

My administrationisavailabletodiscussanyquestionsyoumayhaveregardingtheproposedcontract.Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasehaveyourstaff’
contactEbonyTerrell,ChiefContractingOfficer,CFSA,at(202)724-5300.
lookforwardtotheCouncil’sfavorableconsiderationofthiscontract.
Sincerely,
‘MurielBwser
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 (D.C. Official Code §
2-352.02(c)), the following contract summary is provided:

COUNCIL CONTRACT SUMMARY
(Definitive Contract)

(A) Contract Number: DCRL-2025-H-0016

Proposed Contractor: Pathways Group, LLC (“Pathways”)

Proposed Contractor’s Principals: Marcellina Fuqua – CEO
Jessica Thompkins – COO
Brittany Stanton – President

Contract Amount: Not-to-exceed (“NTE”) $1,156,710.11

Unit and Method of Compensation: The contractor will be compensated monthly for
specified costs supported and substantiated by the
contractor as set forth in the price schedule.

Term of Contract: December 1, 2025, through September 30, 2026

Type of Contract: Fixed price with cost reimbursement elements

Source Selection Method: Adhered to the procedures set forth in 27 DCMR §
1905.

(B) For a contract containing option periods, the contract amount for the base period and for
each option period. If the contract amount for one or more of the option periods differs from
the amount for the base period, provide an explanation of the reason for the difference:

Base Period Amount: NTE $1,156,710.11
Option Period One Amount: To be negotiated
Option Period Two Amount: To be negotiated
Option Period Three Amount: To be negotiated
Option Period Four Amount: To be negotiated

(C) The date on which the letter contract or emergency contract was executed:
2

The letter contract was executed on November 26, 2025.

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

The letter contract was not extended, but its value was increased via Modification No. 001 on
January 23, 2026, by $4,784.05, from $458,932.14 to $463,716.19.

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

$463,716.19.

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

According to a search of the Office of Contracting and Procurement (“OCP”) Center of Excellence
database, Pathways does not hold a current contract with the District.

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

Pathways is responsible for providing short-term (90-day) community-based residential and social
services to clients of the Child and Family Services Agency (“CFSA”).

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

Human Care Agreement (“HCA”) No. DCRL-2025-H-0016, for short-term (90-day) residential
services, was issued in the open market via the OCP e-sourcing system on December 20, 2024. The
closing date was set for January 21, 2025, at 2:00 PM EST.

On January 9, 2025, via Amendment 1, the Agency Chief Contracting Officer (“ACCO”) extended
the closing date to February 4, 2025, at 2:00 PM EST. On January 14, 2025, a pre-proposal
conference was held to answer questions from potential offerors.

Amendment 2, dated January 27, 2025, was issued by the ACCO to insert the short-term (90-day)
residential services PowerPoint slide deck from the January 14, 2025 pre-proposal conference.
Sections C.15 through C.20 were also inserted.

Amendment 3, dated January 30, 2025, was issued by the ACCO to delete Section M.2.2. in its
entirety.

The solicitation closed on February 4, 2025, with seven (7) business plans received. The procedures
set forth in 27 DCMR § 1906, Selection of Human Care Services Providers, were followed.

3

The technical evaluation panel convened on February 5, 2025 to begin the evaluation process. Each
panel member was provided with an evaluator’s package which included a Letter of Instructions
from the Contracting Officer and a Conflict-of-Interest Non-Disclosure of Information
Certification. Before completion and signature of the required form, each panel member was
provided with an opportunity to review and examine each business plan to determine any potential
conflicts. No potential conflicts were identified in the review. The required forms were completed,
signed, and returned to the Contracting Officer.

All Contractor Qualification Records and Business Plans were reviewed and scored appropriately.
The technical evaluation panel completed its review on March 11, 2025 and provided the
Contracting Officer the results of their evaluation.

Pathways was found to have met the requirements of the solicitation, had qualified staff who were
currently performing the required services, had a licensed facility, and was found to be a
responsible organization as seen from their compliance documents. The ACCO completed their
independent assessment and concurred with the findings of the panel.

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

CFSA did not receive a bid protest.

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

Pathways has thirty plus years’ combined experience in the child welfare industry. They have
previously contracted with the Department of Youth Rehabilitation Services, CFSA, Children’s
National Hospital, and child welfare agencies in the state of Maryland and Connecticut. The
principals hold, at minimum, a Bachelor of Science degree in social work. One principal is a
Certified Pediatric Nurse and PhD candidate. Another principal is a licensed social worker and
therapist. In accordance with the licensing requirements at 29 DCMR § 6209.2(c), Pathways has a
projected one-year operating budget and three months of verified operating expenses.

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

The Department of Small and Local Business Development approved a subcontracting requirement
waiver on December 19, 2024.

4

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

The performance standards for the contract are set forth in the contract. Pathways is expected to
provide all the necessary labor, personnel, equipment, materials, facility(s), and any other items
necessary to provide services to youth who are in the care of CFSA. Pathways shall provide 24-
hour board and care, case planning support, psychosocial assessments, and guidance to help
encourage and take care of clients. Case planning support may include, but is not limited to,
providing supportive assistance in securing the medical/health, mental health, educational,
transportation and assessment needs of the client. Pathwasys shall provide these services in
accordance with all existing federal and District of Columbia laws, rules, and regulations, including
appropriate District licensure requirements, and consistent with policies, procedures and standards
promulgated by CFSA. Pathways shall meet general and program requirements applicable to all
congregate (foster) care services programs as set forth in the contract.

Pathways is expected to comply with all federal and District laws, regulations, and standards
governing child welfare, including those established under the Adoptions and Safe Families Act.
Pathways is also expected to comply with all Health Insurance Portability and Accountability Act
of 1996 requirements.

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

The letter contract, which was executed on November 26, 2025 (with a start date of December 1,
2025), is for the not-to-exceed amount of $463,716.19.

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

On January 21, 2026, the Agency Fiscal Officer certified that the agency has in its approved budget
for fiscal year 2026 sufficient funds to meet the obligations of the proposed contract.

(O) A certification that the proposed contractor has been determined not to violate section 334a of
the Board of Ethics and Government Accountability Establishment and Comprehensive
Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a; and (2) A
certification from the proposed contractor that it currently is not and will not be in violation
of section 334a of the Board of Ethics and Government Accountability Establishment and
Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a:

Pathways submitted their original Bidder/Offeror Certification on January 25, 2025, as well as an
updated one on February 18, 2026.

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

Pathways submitted their original Bidder/Offeror Certification on January 25, 2025, as well as an
updated one on February 18, 2026.
5

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

A Certificate of Clean Hands, dated February 9, 2026, certifies that Pathways has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of
Employment Services.

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

Pathways submitted their original Bidder/Offeror Certification on January 25, 2025, as well as an
updated one on February 18, 2026.

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

Pathways is not a Certified Business Enterprise.

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

None.

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

As of February 10, 2026, Pathways is not currently debarred from contracting with the District or
Federal government based on searches of OCP’s Excluded Parties List, Office of the Inspector
General’s Exclusions Database, and the SAM.gov exclusion database.

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

The following determination and findings issues apply to the contract’s formation:

1. D&F for Price Reasonableness dated January 22, 2026
2. D&F for Cost Reimbursement dated February 10, 2026
3. D&F for Contractor Responsibility dated February 10, 2026
6

4. D&F for Human Care Agreement dated December 19, 2025

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

The executed contract will be posted on the OCP website at:
https://contracts.ocp.dc.gov/contracts/search

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

The original solicitation is available on the OCP website at:
https://contracts.ocp.dc.gov/solicitations/search

*
*
* GovernmentoftheDistrictofColumbia

Emm OfficeoftheChiefFinancialOfficer 110144Street,SWGm OfficeofTaxandRevenue ‘Washington,DC20024
DateofNotice:February9,2026 NoticeNumber:10015600835 =
PATHWAYSGROUP14504CLAGGETTRUNRDBRANDYWINEMD 20613-6022
LEA!

[AND
AsreportedintheCleanHandssystem,theabovereferencedindividual/entityhasnooutstandingliabilitywiththeDistrictofColumbiaOfficeofTaxandRevenueortheDepartmentofEmploymentServices.Asofthedateabove,theindividual/entityhascompliedwithDC Code§47-2862,therefore
thisCertificateofCleanHandsisissued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER28GENERALLICENSESUBCHAPTERII.CLEANHANDSBEFORERECEIVINGA LICENSEOR PERMIT
D.C.CODE§47-2862(2006)§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT

AuthorizedBy Melinda Jenkins
Branch Chief,Collectionand Enforcement Administration
Tovalidatethiscertificate,pleasevisitMyTax.DC.gov.OntheMyTaxDChomepage,clickthe“Validate a Certificateof Clean Hands” hyperlink under the Clean Hands section.

111014thStreetSW,SuiteW270,Washington,DC20024/Phone:(202)724-S045/MyTax.DC.g0v
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Child and Family Services Agency
·+
Office of Finance
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Tanya T. Trice
Director
Child and Family Services Agency
JustinKopca JU8fin A Kopc,wAgency Fiscal Officer boxs1GN 4KR227QR-4LXYawL
Child and Family Services Agency
Jan 21, 2026
Certification of Funds Availability
Total Contract Value: $1,156,710.11
The Office of the Chief Financial Officer hereby certifies that the sum of $1,156,710.11 is included in the
District's Local Budget and Financial Plan for Fiscal Year 2026 to fund the costs associated with the CFSA's
contract with Pathways Group for Short-Term (90-Day) Residential Services. This certification supports the
Pathways Group contract during the period from December 1, 2025, through September 30, 2026. The fund
allocation is as follows:
Vendor: Pathways Group Contract#: DCRL-2025-H-0016
Fiscal Year 2026 Funding: 12/1/2025 through 9/30/2026
Agency Project Award Sub- Account Fund Program Cost Amount
Task Center
7141002 - 700254 -
MAINTEN OUT-OF-
RLO 202352 1000171 26.01 ANCEOF 101000 I -LOCAL HOME
70407 -
PLACEME
NT OFFICE $1,156,710.11
PERSONS FUNDS CHILD (RLO)
PLACEM
ENT
FY 2026 Contract $1,156,710.11
Total:
Upon approval of the District's Local Budget and Financial Plan by the Council and the Mayor and completion of
the thirty-day Congressional layover, funds will be sufficient to pay for fees and costs associated with the contract.
There is no fiscal impact associated with the contract.
Should you have any questions, please contact me at 202-727-7383.
Headquarters: 200 I Street, SE• Washington, D.C. 20003 • 202-442-6100
www.cfsa.dc.gov • http://dc.mandatedreporter.org • www.adoptdckids.org
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: February 13, 2026

SUBJECT: Approval of Congregate Care Services Contract
Contractor: Pathways Group, LLC
Human Care Agreement Number: DCRL-2025-H-0016
Proposed Human Care Agreement Amount: NTE $1,156,710.11

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 DISTRICTOF COLUMBIA.ChildandFamilyServicesAgency
(CONTRACTSANDPROCUREMENTADMINISTRATION
JessicaThompkin,COO
PathwaysGroup,LLC
14504ClaggettRunRoadBrandywine,MD 20613
Reference: Letter Contract
ContractNo.:DCRL-2025-H-0016
Service:Short-Term(90-Day)ResidentialServices
DearMs.Thompkins:
1.
4.
TheGovernmentoftheDistrictofColumbia,ChildandFamilyServicesAgency
(CFSA,AgencyorDistrict),iscontractingwithPathwaysGroup(PG),herein
referredtoastheContractor,whereinContractoragreestoprovideShort-Term
(90-Day)ResidentialServices,setforthinattachmentB,ScopeofWork.
ThisisaHumanCareAgreementwithafirmfixedfeeandcostreimbursement
components.TheDistrictwillpayPG basedonthePricingSchedulesetforthin
AttachmentA.

TheDistrictintendstodefinitizethislettercontractwithin120daysfrom
December1,2025,atwhichtimethislettercontractshallmergewiththe
definitizedcontract.Beforetheexpirationofthe120days,thecontracting
officermayauthorizeanadditionalperiodinaccordancewithSection2425.9
oftheProcurementRegulations,27DCMR Section2425.9.IftheDistrict
doesnotdefinitizethislettercontractwithin120daysfromthedateofaward
ofthislettercontractoranyextensionsthereof,thislettercontractshall
expire.Intheeventofexpirationofthislettercontract,theDistrictshallpay
Contractorfortheservicesperformedunderthislettercontractinanamount
nottoexceedfourhundredfifty-eightthousandninehundredthirty-two
dollars,fourteencents($458,932.14).Innoeventshalltheamountpaidunder
thislettercontract,oranyextensionsthereof,exceed50% ofthetotal
definitizedcontractamount.
The durationof thedefinitizedcontractshallbe one year from the dateof award
1
of this lettercontract.The Districtshall pay Contractor for the services
performed during the durationof the definitizedcontractin an amount not to
exceed $1,388,887.51.
TheContractorshallperformunderthislettercontractpursuanttothetermsof
thefollowingdocumentsthatareherebyincorporatedbyreferenceandmadea
partofthiscontract,whichintheeventofaconflictshallberesolvedbygiving
precedenceintheorderofprioritylistedbelow:
(a)_ Thislettercontract.
(b) ThePricingSchedule—AttachmentA.
(©) TheScopeofWork—AttachmentB.
(@ The StandardContractProvisionsforusewithDistrictofColumbiaGovernmentSuppliesand ServicesContracts,datedJuly2010,https://ocp.de.gov/node/568082
This lettercontractshallbe subjecttothefollowing:
(a) TheapprovalbytheCounciloftheDistrictofColumbia,inaccordancewithD.C.OfficialCode,§2-352.02,ifthislettercontractisofa valueinexcessofonemilliondollars.However,ifthislettercontractisnotinexcessofone
milliondollars,butthevalueofthesubsequentdefinitizedcontract,(whichincludesthevalueofthislettercontract)isinexcessofonemilliondollars,thedefinitizedcontractmustbeapprovedbytheCouncilinaccordancewithD.C.OfficialCode,§2-352.02.IftheCouncildisapproves,thesubsequent
definitizedcontract,allperformanceunderthelettercontractshallterminateandtheliabilityoftheDistrictshallbelimitedtotheamountsetforthinprovisionnumber3,above,ofthelettercontract.
Signatures:
Contractor

3 Signature
Name:JessicaThompkinsPhD,RN,CPN
Title:ChiefOperatingOfficer
AiewCMinor-Sraith. boxsicn —_svisaqar-uiap7eszContractingOfficer:
Signature
LisaMinor-Smith
EbonyC.Terrell
AgencyChiefContractingOfficer
ChildandFamilyServicesAgency
Name:
Date:11/25/2025
Date: Nov 26,2025

AMENDMENT OF SOLICITATION / MODIFICATION OF
CONTRACT
1. Solicitation / Contract
No.
Page of Pages
DCRL-2025-H-0016 1 3
2. Amendment/Modification
Number
3. Effective Date 4. Requisition/Purchase Request
No.
5. Solicitation Caption

M001

See Box 16C
Short-Term (90-Day)
Residential Services
6. Issued by: Code RL0 7. Administered by (If other than line 6)
Government of the District of Columbia
Child and Family Services Agency
Contracts and Procurement Administration
200 I Street, S.E., Suite 2031
Washington, DC 20003
Government of the District of Columbia
Child and Family Services Agency
Foster Care Resources Administration
Contracts Monitoring Division
200 I Street SE, 3rd Floor, Ste. 3201
Washington, D.C. 20003
8. Name and Address of Contractor (No. street, city,
county, state, and zip code, FEIN)

Pathways Group, LLC.
14504 Claggett Run Road
Brandywine, MD 20613
FEIN: 33-2576817

9A. Amendment of Solicitation No.

9B. Dated (See Item 11)

10A. Modification of Contract/Order No.

DCRL-2025-H-0016

10B. Dated (See Item 13)
12/1/2025
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended. is not
extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following
methods: (a) By completing Items 8 and 15, and returning _________ copies of the amendment; or (b) By acknowledging receipt of this amendment on each
copy of the offer submitted. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an
offer already submitted, such may be made in accordance with the solicitation and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS ,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
A. This change order is issued pursuant to (Specify Authority): 27 DCMR, Chapter 36, Contract Modifications
The changes set forth in Item 14 are made in the contract/order no. in item 10A. x
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
data etc.) set forth in item 14, pursuant to the authority of 27 DCMR, Chapter 36, Section 3601.2.
C. This supplemental agreement is entered into pursuant to authority of:

D. Other (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document.

14. Description of Amendment/Modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
The purpose of this modification is as follows:
Pursuant to 27 DCMR, Section 3601.2(c) and Article 15, Changes Clause of the Standard Provisions for the use with District of
Columbia Government Supply and Services Contracts dated July 2010, the following changes are incorporated and made part of
this contract: DCRL-2025-H-0016 Short-Term (90-Day) Residential Services
(Continuation on next page)
Except as provided herein, all other terms and conditions of the document is referenced in Item 9A or 10A remain unchanged and in full
force and effect.
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
Ebony C. Terrell
15B. Name of Contractor

(Signature of person authorized to sign)

15C. Date Signed 16B. District of Columbia

(Signature of Contracting Officer)
16C. Date Signed

Jessica Thompkins
1/22/2026

AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT
1. Solicitation / Contract No. Page of Pages
DCRL-2025-H-0016 2 3
2. Amendment/Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Solicitation Caption
M001 See Box 16C
Short-Term (90-Day)
Residential Services
This modification is entered nunc pro tunc to 12/1/2025.
1
– Delete Section B.4.1 in its entirety and replace with revised Section B.4.1R (see below)
2
– CLIN 0001a (Administrative Allowance) increased by $1.90 from $2,431.49 to $2,433.39. The increase is reflected in
Schedule 3 (Fringe Benefits) of the revised 120-day budget dated 1/21/2026.
3
– CLIN 0001b (Administrative Allowance) increased by $1.71 from $2,431.67 to $2,433.38. The increase is reflected in
Schedule 11 (Indirect Cost) of the revised 120-day budget dated 1/21/2026.
4
– CLIN 0002 (Cost Reimbursement) increased by $4,556.24 from $167,153.16 to $171,709.40. The increase is reflected
in Schedule 3 (Consultants/Experts) of the revised 120-day budget dated 1/21/2026.
B.4 PRICE SCHEDULE:
B
.4.1R BASE YEAR
Date of Award through 120-Days
3
– Delete Sections C.5.7.2 in its entirety and replace with revised Section C.5.7.2R (See attached).
C.5.7.2R At least two on-d uty staff members must be present in the facility whenever a client is in the home. This
excludes volunteers and staff who are not providing direct care or supervision. To the extent possible, the
Contractor shall ensure that one male and one female staff member are on duty.
Contract Line
Item No.
(CLIN)
Item Description Unit Price Maximum
Clients
Contract
Period Days
Not-to-Exceed
Amount
CLIN 0001a Administrative Allowance $2,433.39 N/A 119 days $289,573.41
Not to Exceed
CLIN 0001b Administrative Allowance $2,433.38 N/A 1 day $2,433.38
Not to Exceed
CLIN 0002 Cost Reimbursement $171,709.40
Not to Exceed
Total Not To Exceed Amount of this HCA for the period 12/01/2025 – 03/30/2026 $463,716.19
AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT
1. Solicitation / Contract No. Page of Pages
DCRL-2025-H-0016 3 3
2. Amendment/Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Solicitation Caption
M001 See Box 16C
Short-Term (90-Day)
Residential Services
• T
he staff-to-client ratio during waking hours shall be no less than one staff member for every
t
wo clients.
• The staff-to-client ratio during sleeping hours shall also be no less than one staff member for
every two clients.
• The Contractor shall provide a detailed monitoring plan at least 24 hours prior to any
pl
acement involving clients of both genders. The plan shall clearly explain how supervision
w
ill be managed, specifically addressing monitoring of the upper level during bath/shower
routines and during sleep hours.
• In addition to meeting in-home staffing ratios, the Contractor must also ensure adequate staff
availability to transport and supervise clients for medical, mental health, and other required
a
ppointments.

GOVERNMENT OF THE DISTRICT OF COLUMBIA Child and Family Services Agency (CFSA)
SOLICITATION, OFFER, AND AWARD 1. Caption Page of Pages
Short-Term (90 Day) Residential Services 1 92
2. Contract Number 5. Type of Solicitation 6. Type of Market
DCRL-2025-H-0016 ☐ Sealed Bid (IFB) ☒ Open
3. Solicitation Number ☐ Sealed Proposals (RFP) ☐ Set Aside
☐ Sole Source ☐ Open with Sub-Contracting Set Aside
4. Date Issued ☒ Human Care Agreements NOTE: In sealed bid solicitations "offer" and “offeror"
means "bid" and "bidder". 12/18/2024 ☐ Emergency
7. Issued By: 8. Address Offer to: Delivery
Contracts and Procurement Administration
Child and Family Services Agency (CFSA)
200 I Street, S.E. Suite 2031
Washington, DC 20003
(202) 724-5300
Doc751066 See Section L.2 for further instructions.
Sealed offers will be received at the location in Item 8, or
if hand carried, to the bid counter at the same address.
A. SOLICITATION / CONTRACT FORM
9. Submission Deadline Date Due 01/21/2025 Time Due 2:00 PM EST

CAUTION: Late Submissions, Modifications and Withdrawals: See 27 DCMR chapters 15 & 16 as applicable. All offers are subject to all terms and conditions contained in this solicitation.
10. Agency Contact A. Name B. Telephone Extension C. E-mail Address
CFSA Aaron Holland, Contract Specialist 202-645-5144 Aaron.Holland2@dc.gov
11. Table of Contents (X) Sectio
n Description Page No.
(X
)
Sectio
n Description Page
No. X G Contract Administration Data 35
X A Solicitation/Contract Form 1 H Special Contract Requirements 42
X B Supplies or Services and Price/Cost 2 I Contract Clauses 78
X C Specifications/Work Statement 7 J List of Attachments 92
X D Packaging and Marking 29 K Representations, certifications and other statements of offerors X
X E Inspection and Acceptance 30 L Instructions, conditions & notices to offerors X
X F Deliveries or Performance 31 M Evaluation factors for award X
OFFER
12. In compliance with the above, the undersigned agrees, if this offer is accepted within 120 calendar days from the date for receipt of offers specified above,
to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified
herein.
13. Discount for Prompt Payment  10 Calendar
days ____% 20 Calendar days ____% 30 Calendar days ____% ____ Calendar days ____%
14. Acknowledgement of
Amendments
(The offeror acknowledges receipt of
amendments to the SOLICITATION):
Amendment Number Date Amendment Number Date Amendment Number Date

15.Offeror Contact Information Person Authorized to Sign Offer/Contract Person Authorized to Sign Offer/Contract
If Offeror is a Joint Venture, add
signatures of additional general
partners or members as appropriate.
A. Name
B. Title
C. Address
City, State,
Zip
☐ Check if remittance address is
different from address to the right
- Refer to Section G.
D. Phone
17. Signature
18. Offer Date
AWARD (TO BE COMPLETED BY GOVERNMENT)
19. Accepted as to Items Numbered 20. Amount $1,156,710.11 21. Accounting and Appropriation - See Section G
CLIN 0001 - 0002
22. Name of Contracting Officer (Type or Print) 23. Signature of Contracting Officer 24. Award Date
Ebony Terrell, Agency Chief Contracting Officer
Jessica Thompkins PhD, RN, CPN
Chief Operating Officer
14504 Claggett Run Rd
Brandywine, MD, 20613
301-814-0187
2/10/2026
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SECTION B: SUPPLIES OR SERVICES AND PRICE

B.1 The Government of the District of Columbia, Office of Contracting and Procurement on
behalf of the Child and Family Services Agency (CFSA), is seeking Pathways Group through
this Human Care Agreement (HCA) to provide short-term (90 Day) congregate care services
to CFSA clients, pursuant to sections 401 and 406 of the Procurement Practices Reform Act
of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-354.01 and 2-
354.06).

B.1.1 The District is not committed to purchase under this HCA any quantities of a particular service
coverage under this Agreement. The District is obligated only to the extent that authorized
purchases are made pursuant to this HCA.

B.1.2 Service shall only be performed as authorized by Task Orders issued in accordance with the
Ordering Clause. The Provider shall furnish to the District, when and if Ordered, the services
specified in B.2.6. Price Schedule.

B.1.3 There is no limit to the number of Task Orders that may be issued. The District may issue Task
Orders requiring delivery to multiple destinations or performance at multiple locations, as
specified in such Task Orders as may be issued.

B.1.4 This HCA is based on fixed unit rates with cost-reimbursement components. The Provider shall
deliver services in accordance with Section C.

B.2 PRICE SCHEDULE

B.2.1 Task Orders (TOs) issued against the executed HCA shall be subject to the terms of the HCA.
The Provider shall ensure receipt of an executed Task Order, showing identified funding, prior
to accepting placement.

B.2.2 The Price Schedule in section B.2.6, is a compilation of total prices and ceiling amounts,
which is incorporated in this HCA.

B.2.3 The Price Schedule in Section B.3, contains fixed unit price elements. Negotiated prices, agreed
upon by the District and Provider, shall be incorporated in the terms and conditions of the
established HCA and shall continue under the terms of the HCA unless there is a change or
other condition, approved by the District that warrants a change.

B.2.4 The number of clients served under an HCA may fluctuate over time, either upward or
downward. Moreover, the service needs for each client may also require an upward or
downward price adjustment during the term of the HCA as indicated by CFSA. A new TO shall
be issued or an existing TO modified to reflect the changes.

B.2.5 If price negotiations are required due to the changes in conditions related to an individual client,
the District shall use rate guidelines for District Medicaid programs.

B.2.6 PRICE SCHEDULE
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B.2.6.1 BASE YEAR: December 1, 2025 through September 30, 2026

B.2.7 The term of the HCA shall be from December 1, 2025 through September 30, 2026, with four
(4) one year option periods, in accordance with Sections F.1 and F.2 of the contract. The
prices for the options years will be subject to an economic price adjustment in accordance
with section H.17

B.3 COMPLIANCE WITH SERVICE RATES

B.3.1 The District will only pay, in accordance with the service rates shown in Section B.2.6, for
services provided under this contract. If any overpayment occurs, the Contractor shall repay
the District the full amount of the overpayment.

B.4 CATEGORIES OF COST AND TYPES OF COST

B.4.1 Administrative Allowance

The District will pay the Contractor a not-to-exceed amount as shown in CLIN 0001 of Section
B.2.6, Price Schedule. This not-to-exceed amount shall be paid daily. The amount shall include
all the items identified in Attachment J.8, Approved Budget, as Administrative Allowance. The
contractor shall only bill for actively filled positions in Schedule 1 and the associated fringe
benefits from Schedule 2 of the approved Budget. The Contractor shall only bill the actual
amount of the e xpenses incurred for all cost included in the Administrative Allowance. The
Contractor shall not knowingly invoice for vacant positions or other costs that it has not
incurred. This rate is subject to quarterly reconciliation and will be adjusted if required.

B.4.2 Cost Reimbursement

Contract Line
Item No.
(CLIN)
Item Description Unit Price Maximum
Clients
Contract
Period Days
Not-to-Exceed
Amount
CLIN 0001a Administrative Allowance $2,487.39 N/A 303 days

$753,679.17
Not to Exceed
CLIN 0001b Administrative Allowance $2,487.51 N/A 1 day

$2,487.51
Not to Exceed
CLIN 0002 Cost Reimbursement
$400,543.43
Not to Exceed
Total Not To Exceed Amount of this HCA

$1,156,710.11

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B.4.2.1 The contractor will be paid monthly on a cost reimbursable basis for the cost of negotiated
budgeted line items and/or services that are not included in either the Administrative Allowance
or the Room and Board Per Diem.

B.4.2.2 The District will reimburse the contractor for the costs of budget line items and or services
monthly in accordance with the actual costs incurred for those items identified in Attachment
J.8; Approved Contract Costing Budget Schedules; 1 through 10 for short-term residential
services in a not-to-exceed amount as specified in CLIN 0002 of Section B.2.6, Price Schedule.

B.4.2.3 The contractor shall not exceed the amount set for Cost Reimbursement element of the contract
ceiling specified in the price schedule, CLIN 0002, for the Base Period and subsequent Option
Periods subject to the availability of funding.

B.4.2.4 The Contractor will be reimbursed for costs that are supported and substantiated after they have
been expended and reported by the Contractor within the amounts set forth in Section B.3 and
identified in the approved Budget Package, Attachment J.8, as Cost Reimbursement.

B.4.2.5 The contractor shall not mark- up the cost reimbursement allowable expenses on this contract
with indirect cost, overhead, general, and administrative cost. Profit may not be charged against
cost reimbursement expenses under this contract. Tangible items charged under the cost
reimbursement CLIN 0002 (such as vehicles, computers, or equipment) will become the
property of the District of Columbia.

B.5 COST REIMBURSEMENT CEILING

B.5.1 CLIs 0002 and the subsequent CLINs for the option years, if exercised, of the HCA set forth
the ceiling amount for the cost element of the HCA (“ceiling’).

B.5.2 The amount for performing this cost element of the HCA shall not exceed the ceilings
specified in CLINs 0002 and the subsequent CLINs for the option years, if exercised.

B.5.3 The Contractor agrees to use its best efforts to perform the work specified in this HCA and to
meet all obligations under this HCA within the cost reimbursement ceiling.

B.5.4 The Contractor must notify the CO, in writing; whenever it has reason to believe that the total
cost for the performance of this HCA will be either greater or substantially less than the cost
reimbursement ceiling.

B.5.5 As part of the notification, the Contractor must provide the CO a revised estimate of the total
cost of performing this HCA.

B.5.6 The District is not obligated to reimburse the Contractor for costs incurred in excess of the
cost reimbursement ceiling specified in Section B.3, and the Contractor is not obligated to
continue performance under this HCA (including actions under the Termination clauses of
this HCA), or otherwise incur costs in excess of the cost reimbursement ceiling specified in
Section B.2.6, until the CO notifies the Contractor, in writing, that the estimated cost has been
increased and provides revised cost reimbursement ceiling for performing this HCA.

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B.5.7 No notice, communication, or representation in any form from any person other than the CO
shall change the cost reimbursement ceiling. In the absence of the specified notice, the District
is not obligated to reimburse the Contractor for any costs in excess of the costs reimbursement
ceiling, whether such costs were incurred during the course of performance or as a result of
termination.

B.5.8 If any cost reimbursement ceiling specified in Section B. 2.6 is increased, any costs the
Contractor incurs before the increase that are in excess of the previous cost reimbursement
ceiling shall be allowable to the same extent as if incurred afterward, unless the CO issues a
termination or other notice directing that the increase is solely to cover termination or other
specified expenses.

B.5.9 A change order shall not be considered an authorization to exceed the applicable cost
reimbursement ceiling specified in Section B.2.6 unless the change order specifically
increases the cost reimbursement ceiling.

B.5.10 Only costs determined in writing to be reimbursable in accordance with the cost principles set
forth in rules issued pursuant to Title V of the Procurement Practices Reform Act of 2010 shall
be reimbursable.

B.6 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01 et seq.
B.6.1 Nonprofit organizations, as defined in the Act, shall include in their rates the indirect costs
incurred in provision of goods or performance of services under this contract pursuant to the
nonprofit organization's unexpired Negotiated Indirect Cost Rate Agreement (NICRA). If a
nonprofit organization does not have an unexpired NICRA, the nonprofit organization may
elect to instead include in its rates its indirect costs:
(1) As calculated using a de minimis rate of 10% of all direct costs under this
contract;
(2) By negotiating a new percentage indirect cost rate with the awarding agency;
(3) As calculated with the same percentage indirect cost rate as the nonprofit
organization negotiated with any District agency within the past 2 years;
however, a nonprofit organization may request to renegotiate indirect costs
rates in accordance with B.6.2, or
(4) As calculated with a percentage rate and base amount, determined by a
certified public accountant, as defined in the Act, using the nonprofit
organization's audited financial statements from the immediately preceding
fiscal year, pursuant to the OMB Uniform Guidance, and certified in writing by
the certified public accountant.
B.6.2 If this contract is funded by a federal agency, indirect costs shall be consistent with the
requirements for pass-through entities in 2 C.F.R. § 200.331, or any successor regulations.
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B.6.3 The Contractor shall pay its subcontractors which are nonprofit organizations the same
indirect cost rates as the nonprofit organization subcontractors would have received as a prime
contractor.

B.7 LETTER CONTRACT

This is the definitized contract, as contemplated by the awarded Letter contracts, DCRL-2025-
H-0016 dated December 1, 2025, through March 30, 2026. The Letter Contract is merged
herewith and is superseded by this Contract. The Definitized contract shall be from date of
award through September 30, 2026

* * * END OF SECTION B * * *

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SECTION C: STATEMENT OF WORK
C.1 SCOPE
C.1.1 The Contractor shall provide short-term (90-Day) congregate care community-based
residential and social services to clients of the Child and Family Services Agency (CFSA).
The contractor shall provide 24-hour board and care, case planning support, psychosocial
assessments, and guidance to help encourage and take care of clients. Case planning support
may include, but is not limited to, providing supportive assistance in securing the
medical/health, mental health, educational, transportation and assessment needs of the client.
The Contractor shall provide these services in accordance with the terms of the resultant
contract.
C.1.2 The Contractor shall comply with all Federal, State, and local laws to include 29 DCMR
Chapter 62, Licensing of Youth Shelters, Runaway Shelters, Emergency Care Facilities, and
Youth Group Homes when providing services under this contract.

C.2 APPLICABLE DOCUMENTS
The Contractor shall operate under requirements and achieve outcomes as established in this
request for proposal and scope of work, and as set forth by relevant current, amended, or
future federal and local legislation, regulations, policies or court orders including but not
limited to:
Item

Document Date
C.2.1 Adoption and Safe Families Act (ASFA, P.L. 105-89) 1997
C.2.2 Bill of Rights for Children and Youth in Foster Care 2014
C.2.3 CFSA 2016 Annual Public
Reporthttp://cfsa.dc.gov/publication/annual-report-2016 2016
C.2.4 Youth Bill of Rights

2021
C.2.5 CFSA Older Youth Services Policy 2014
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Item

Document Date
C.2.6 CFSA Online Policy Manualhttp://cfsa.dc.gov/page/cfsa-policy-unit-
and-policy-development 2017
C.2.7 Consultation and Information Sharing Framework Guide (Exhibit) 2017
C.2.8 DC Adoption and Safe Families Act (D.C. Law 13-136) 2000
C.2.9 CFSA Policy on Missing and Absconded Youth 2013
C.2.10
DC Language Access Act Municipal
Regulationshttp://www.dcregs.dc.gov/Gateway/Chapter
Home.aspx?ChapterNumber=4-12
2014
C.2.11
Federal Child Welfare Policy
Manualhttps://www.acf.hhs.gov/cwpm/programs/cb/la
ws_policies/laws/cwpm/policy_dsp_pf.jsp?id=8
2017
C.2.12 Foster Youth Statements of Rights and Responsibilities Amendment
Act of 2012 2013
C.2.13 HIPAA Security Policy (Exhibit) 2008
C.2.14 Mandated Reporter Training 2008
C.2.15 Mandated Reporters 2015
C.2.16 Preventing Sex Trafficking and Strengthening Families Act
(P.L.113-183) 2014
C.2.17 Title 29 DC Municipal Regulations, Chapter 62 1986
All Exhibits identified above are provided as attachments to this package.
C.3 DEFINITIONS
These Terms when used in this HCA have the following meanings:
C.3.1 Abscondence – The child or youth is absent from an approved placement due to escape,
runaway or truancy status.
C.3.2 Agency – The DC Child and Family Services Agency, or CFSA
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C.3.3 Case Management – The engagement, visitation, assessment, case planning, service and care
coordination, and progress monitoring required of child welfare professionals working with a
child or youth and family, including siblings remaining in the home of origin or placed in
other foster care settings, who are working toward the goals and objectives identified in their
Case Plan. It also includes preparation for court activities if the case is court-involved.
C.3.4 Case Management Record – The corresponding hard copy file for each child or youth that
supplements the electronic record in State Automated Child Welfare Information System.

C.3.5 Case Plan – A Case Plan is a record of the goals or objectives in the lives of children, youth,
and their families or caregivers in the child welfare system. The Case Plan records all the
important decisions and tasks that are necessary to achieve the goals and objectives agreed on
by all parties. Case Plans shall include statute, policy and time frame requirements.

C.3.6 CFSA Hotline – CFSA takes reports of child abuse and neglect 24 hours a day, seven days a
week at (202) 671-SAFE or (202) 671-7233 for children and youth who reside in the District
of Columbia.

C.3.7 Child – An individual aged between birth and puberty. Since age varies for the onset of
puberty, a child is generally considered to be an individual under the age of fifteen (15).
However, in child welfare, some terms including the word “child” may refer to all children
and youth in care between the ages of birth to 21.

C.3.8 Child Abuse – Physical or mental injury of a non-accidental nature, sexual abuse or sexual
exploitation, or negligent treatment or maltreatment of a child or youth caused or allowed by a
person responsible for his or her welfare under circumstances which indicate that the child’s
health or welfare is harmed or threatened with harm.

C.3.9 Child Case Plan – The portion of the Case Plan that is developed specifically for the child or
youth who has been removed from the home of their parent(s) or caretaker(s) and placed into
foster care. It is developed in concert with the youth and if appropriate, the child and family
members. It details the child’s/youth’s strengths and needs, as identified by clinical
assessments, as well as the goals and objectives leading to permanency for the child/youth.

C.3.10 Child and Family Services Review (CFSR) – CFSRs are periodic reviews of state child
welfare systems conducted by the Children’s Bureau, within the U.S. Department of Health
and Human Services, to ensure conformity with federal child welfare requirements, determine
what is actually happening to children and families as they are engaged in child welfare
services, and to assist states in enhancing their capacity to help children and families achieve
positive outcomes.

C.3.11 Child Placement Agency – An agency licensed to provide “child placing” or “congregate
based foster care” which includes foster home recruitment and licensing, case management
and placement services.

C.3.12 Community-Based Intervention (CBI) – time-limited, intensive, mental health intervention
services delivered to children, youth and their family that are intended to prevent utilization of
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an out-of-home therapeutic resource. CBI focuses on the development of family skills and is
delivered in the family setting.

C.3.13 Concurrent Planning – Concurrent planning involves considering all reasonable options for
permanency at the earliest possible point following a child’s entry into foster care and
simultaneously, rather than sequentially, pursuing those options in order to quickly move
children from the uncertainty of foster care to the security of a safe and stable permanent
family.

C.3.14 Confidentiality – The safeguarding of information regarding children, youth and families in
accordance with the Health Information Portability and Accountability Act (HIPAA) laws,
and all federal and District laws governing confidentiality and privacy.

C.3.15 Consultation and Information Sharing Framework – The Consultation and Information
Sharing Framework™ (CISF) is a comprehensive approach to gather and organize
information to assist in critical thinking and decision making. The CISF must be used during a
R.E.D. Team (see definition of R.E.D Team.) and can be used in other meeting forums
independent of a R.E.D. Team to support critical thinking and decision making.

C.3.16 Continuous Quality Improvement and Quality Assurance – A cyclical process of problem-
solving activities that requires the deliberate use of evidence. The cycle has stages during
which various analytic and decision-making tasks are executed: identify the problem;
hypothesize as to its cause; develop, implement and test a solution; and make decisions about
future investments based on the results of those tests.

C.3.17 Core Service Agency – An entity certified by the DC Department of Behavioral Health that
provides community based or in-home Medicaid-reimbursable services in both Maryland and
DC.

C.3.18 Developmental Disability – A chronic disability of a person five years of age or older that is
attributable to a mental and/or physical impairment manifested before age 22; likely to
continue indefinitely; and results in substantial functional limitations in three or more of the
following areas of major life activity: self-care; receptive and expressive language; learning;
mobility; self-direction; capacity for independent living; economic self-sufficiency.

C.3.19 Dual Jacketed – Refers to a youth who is committed to both CFSA and the Department of
Youth Rehabilitation Services (DYRS).

C.3.20 Facilitate – To coordinate actions that ensure access to the services and case activities outlined
in each child or youth’s Case Plan. The Contractor’s “facilitation” ensures services are fully
implemented for children and youth.

C.3.21 Family of Origin – The significant caretakers and siblings that a child or youth grew up with
as opposed to the family the child/youth lives with while in foster care.

C.3.22 Fiscal Year – The District fiscal year runs from October 1 through September 30.

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C.3.23 Foster Care – Continuous, twenty-four (24) hour care and supportive services provided for a
minor in the legal custody or guardianship of CFSA while the child/youth needs substitute
care out of the natural home.

C.3.24 Home of Origin – The home from which children/youth in foster care were removed.

C.3.25 Individualized Education Plan (IEP) – The written plan developed by the school district
through an IEP team for the child or youth that identifies and outlines educational needs and
services and is incorporated into the Case Plan.

C.3.26 Individual Service Plan (ISP) – A document that sets forth a plan for the client’s health,
safety, welfare, and general well-being.

C.3.27 Joint Placement Process – A process through which CFSA and the Contractor’s placement
coordinator review the needs of a referred youth and determine, together, what the best
placement option will be.

C.3.28 Mandated Reporter – An individual involved with children or youth in a professional role as
defined by DC Statute §4-1301.02, that is required to report abuse and neglect.

C.3.29 Medically Fragile – Children or youth with significantly debilitating medical conditions that
impair daily functioning and require close medical supervision.

C.3.30 Mental Health Service Provider – May be one of the following: Department of Behavioral
Health Core Service Agency (CSA); a CFSA contracted vendor; a Crime Victims mental
health provider; or a mental health provider through the Health Services for Children with
Special Needs (HSCSN) network.

C.3.31 New Entries – Children whose removals from their home of origin and assignments to the
Contractor occur after the contract start date.

C.3.32 One-on-One – A level of supervision that entails a single staff person to always remain
assigned and in the presence of a client to ensure safety of the client and the safety of others.
The assigned staff may provide privacy to the client when the client is alone in a room,
however, the staff shall always be with the client when the client is in the presence of others.
For the purposes of this contract, staff designated as one-on-ones shall actively engage the
client in prosocial activities when possible, and the one-one staff does not count towards the
number of staff required per the ratio requirements of a given shift.

C.3.33 Out-of-Home Care – Synonymous term for foster care.

C.3.34 Performance-Based – A method of contracting for services that specifies outcome measures or
other performance measures that must be met by the Contractor to receive incentive and links
contract renewals to performance.

C.3.35 Placement Passport – Packet that contains information specific to the child such as the child’s
birth certificate, court orders, medical history, etc. This packet of information shall be in the
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possession of the child’s current resource provider and will follow the child to any subsequent
placements.

C.3.36 Placement Refusal - Includes but is not limited to when the Contractor does not answer the
phone or return a message when placement options are being explored. It also includes
situations in which there are reported vacancies in a resource home, but the home is not
available for placement.
C.3.37 Pre-Existing Clients – Children and youth in the District’s foster care system prior to award of
this contract to the Contractor.

C.3.38 Private Agency or Provider or Contractor – A licensed child Placement agency providing
family-based foster care and case management services per a contract with CFSA.

C.3.39 Psychosocial Assessment – An evaluation of the psychological and social factors that have
impacted or are impacting the functioning of a youth. Psychosocial assessment considers
factors such as health, mental health, family history, behavioral presentation, legal concerns,
academic circumstances, and other social factors. For the purposes of this contract,
psychosocial assessment is dynamic and can change as a youth adjusts and as additional
information about a youth is incorporated into the assessment.

C.3.40 Removal R.E.D. Team – A type of group consultation led by CFSA that occurs within 24
hours of a child’s or youth’s removal or re-entry into foster care with agency and contract
staff. Information about the child, youth, family and placement is exchanged and needs
identified and plans to provide a smooth transition of the child or youth into the foster care
system.

C.3.41 SACWIS – State Automated Child Welfare System. A system to establish electronic case files
that include, but are not limited to, data to be reported in compliance with the requirements of
the federal Adoption and Foster Care Analysis Reporting System (AFCARS).

C.3.42 Safety – Protection from or absence of imminent danger, harm or injury.

C.3.43 Service Plan – The Service Plan is a component of the child, youth or family Case Plan that
addresses the client service needs. It outlines the specifics of service delivery, including the
nature of the service, provider, schedule or duration, and the objective. It is a tool with which
to measure client progress toward meeting service objectives.

C.3.44 Shelter Care – A child or youth has been removed from home and placed in a Contractor’s
facility (foster home, licensed kinship home, group home, residential facility, etc.). These
children and youth are in CFSA custody and CFSA is fully responsible for their health and
wellbeing.

C.3.45 Team – A group of professionals, parents, family members, foster parents, children, youth and
informal supports representing various aspects of the child or youth’s well-being interests
from a health, mental health, educational, life and social skills, and permanence perspective
that collaborate toward meeting the needs of the child or youth and their family through
assessment and service planning and delivery.

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C.3.46 Trauma Informed Child Welfare System – A system in which all parties involved recognize
and respond to the impact of traumatic stress on those who have contact with the system,
including children, caregivers, staff and service providers. Programs and agencies within such
a system infuse and sustain trauma awareness, knowledge, and skills into their organizational
cultures, practices, and policies. They act in collaboration with all those who are involved
with the child, using the best available science, to facilitate and support the recovery and
resiliency of the child and family. Trauma-informed child welfare practice is not a discrete
task but rather involves the day-to-day work of the system as a whole.

C.3.47 Treatment Plan – The Treatment Plan identifies and outlines the mental health treatment needs
for a child or youth. This Plan shall include the specific services needed by the child or youth
to meet their treatment goals that will lead to stabilization and a step up or step down into a
lower level of care, including the scope, frequency and duration of the services needed.

C.3.48 Well Being – The healthy physical, social/emotional, behavioral, cognitive/intellectual and
spiritual development and existence of a human being.

C.3.49 Youth – An individual in age between the onset of puberty and early adulthood. Definitions
vary of the specific age range that constitutes youth, but for the purposes of this document, the
age range for a youth is age fifteen (15) to twenty-one (21).

C.3.50 Youth Bill of Rights – A document that embodies a well-being view of foster care as the
supportive, caring, and equitable experience all of us want for District young people going
through a difficult time.

C.3.51 Youth Transition Plan (YTP) – The written, comprehensive plan that focuses on independent
living skills consistent with those specified in CFSA’s Office of Youth Empowerment (OYE)
Youth Benchmarks document, and goals, objectives, strategies, services and resources to
address the assessed strengths and need areas of a CFSA child or youth. The YTP shall be
incorporated into the Case Plan.

C.4 BACKGROUND
C.4.1 Mission
C.4.1.1 CFSA is the District of Columbia’s public child welfare agency responsible for investigating
child abuse and neglect and providing services to child and youth victims and those at risk of
abuse and neglect and their families in the District. CFSA’s primary mission is to improve the
safety, permanence, and well -being of abused and neglected children/youth and to help
strengthen their families. CFSA believes children thrive within family settings and with
continuity and support in the most normalizing environment possible.

C.4.1.2 CFSA is firmly committed to children, youth and families receiving the highest quality services
and supports no matter where they are placed. As a result, the CFSA is seeking a contractor to
provide short-term community-based residential services in a nurturing home environment for
clients served by the District’s foster care system regardless of their assessed level of need.

C.4.2 Four Pillars Strategic Framework
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C.4.2.1 In 2012 CFSA developed a strategic framework – the “Four Pillars” – and CFSA’s work is
grounded in this values-based foundation to support strategies that achieve specific outcomes.
The Four Pillars include:

a. Front Door: Children/youth deserve to grow up with their families and should
be removed from their birth homes only as the last resort. Child welfare gets
involved only when families cannot or will not take care of children/youth
themselves. When we must remove a chi ld/youth for safety, we seek to place
with relatives first.
b. Temporary Safe Haven: Foster care is a necessary interim place for
children/youth to live while we work to get them back to a permanent home as
quickly as possible. Planning for a safe exit begins as soon as a child/youth enters
the system. If a relative caregiver cannot be identified immediately, continued
exploration and engagement of kin takes place throughout the child’s/youth’s
experience in foster care.
c. Well Being: Every child/youth has a right to a nurturing environment that
supports healthy growth and development, good physical and mental health, and
academic achievement. Institutions do not make good parents, but when we must
bring children/youth into care for their safety, we give them excellent support.
d. Exit to Permanence: Every child/youth exits foster care as quickly as possible to
a safe, well-supported family environment or life-long connection. Older youth
have the skills they need to succeed as adults.

C.4.3 Core Values
a. All children and youth have the right to be safe.
b. Families have the right to be understood, valued, encouraged, and empowered. Families
always have a voice in decisions that affect them.
c. Community partnerships are essential to keeping children and youth safe.
d. Child welfare practice and services draw use a strengths-based approach to help children,
youth, and families achieve positive outcomes.
e. Children and youth deserve normalized opportunities to grow, develop, be physically and
mentally healthy, learn, and prepare for successful adulthood.
f. Children and youth have an urgent need to achieve permanence as quickly as possible
with a family that loves them unconditionally.
g. Children, youth, and families deserve understanding and respect within the context of their
history, traditions, and culture.
h. Best practices and continuous quality improvement throughout the child welfare system
support making a positive difference in the lives of those CFSA serves.
i. First placement is the best placement, with a preference for kin, and placement with
siblings.
j. Keep siblings together and preserve ties to family, school and community.
k. Youth and family voices are critical components in their case planning.

C.4.4 Philosophical Statement on Permanency
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C.4.4.1 CFSA believes that children thrive when raised in their family of origin. We separate children
from their parents only when there are no other supports that might allow the child to remain
safely in the home. If we have to remove a child, we look for kinship supports first to keep the
child within the extended family. When those options are not available, we ensure that children
are placed in safe, nurturing foster homes. We believe that every child deserves to grow up in a
safe and stable environment with loving, caring adults. If a child cannot be reunified with their
birth family, it is our responsibility to find a permanent, caring home for them through adoption
or guardianship.

C.4.5 Trauma-Informed Practice
C.4.5.1 CFSA works from the premise that all children and youth in out-of-home care have experienced,
at a minimum, the trauma of separation from family and community. CFSA has adopted Trauma
Systems Therapy (TST) as a core component of its practice in order to build a trauma-informed
system.

C.4.6 Service Partnerships

C.4.6.1 CFSA is the local child welfare agency, not the child welfare system. CFSA has significant
relationships and service delivery partnerships with other District health and human service
agencies to provide services in support of strengthening families and protecting children and
youth.

C.4.7 Geographic Landscape

C.4.7.1 The District of Columbia is an urban jurisdiction comprised of eight wards within 68.3 square
miles and of a population of over 680,000 residents. The majority of families involved with
CFSA reside in Wards 7 and 8, the city’s neighborhoods with the highest concentrations of
poverty. As of June 30, 2019, of the 839 children and youth in care, 25% came from Ward 7
and 34% came from Ward 8.

C.4.7.2 The DC Office of Planning and DC Kids Count have more information about the District’s
wards and neighborhoods at https://planning.dc.gov/page/wards-district-columbia and
https://www.dcactionforchildren.org/our-issues/dc-kids-count/2015-ward-
snapshots.https://www.dcactionforchildren.org/our-issues/dc-kids-count/2015-ward-snapshots
C.5 SHORT-TERM RESIDENTIAL SERVICES REQUIREMENTS
C.5.1 Target Population
The Contractor shall provide group care and assessment services for male and female
clients between the ages of twelve (12) and seventeen (17 ) years of age, who are legal
wards of CFSA.

C.5.1.1 The clients have varying degrees of emotional and behavioral problems caused by abuse
and neglect, recent removal from their primary caregivers, multiple placements and
numerous traumatic life hardships, or they are in immediate danger.

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C.5.1.2 The clients will generally fall into three categories: (1) clients in foster care whose
placements have disrupted unexpectedly and require emergency placement, (2) clients
who entered foster care within the past 24 hours and for whom a placement has not yet
been identified, and (3) clients returning from abscondence and require emergency
placement. This program will not be used for clients who require planned respite from an
ongoing foster home placement.

C.5.2 Service Delivery

C.5.2.1 The client’s stay at the short-term residential facility shall not exceed 90 days. The Contractor
shall accept placements 24 hours a day, 7 days a week, including holidays.

C.5.2.2 The Contractor shall provide home emergency services to six (6) clients (male or female)
between twelve (12) and seventeen (17) of age. The Contractor shall provide an atmosphere
which is caring and supportive and which offers special services designed to ameliorate the
effects of their previous and current trauma and experience.

C.5.2.3 The goal of this program is to assess and observe clients with an opportunity to identify the
most appropriate permanent placement for them. To that end, the Contractor shall assist
CFSA in determining the most appropriate, long-term plan of care for clients in its
temporary care. This shall include observing and assessing each client’s behaviors such as
clinical observations about triggers, emotional responses, and effective de-escalation
strategies.

C.5.2.4 The Contractor shall use its observations to help the client’s social worker and CFSA’s
Administration for Kinship and Placement to form recommendations about future
placements for the client.

C.5.2.5 The Contractor shall employ staff who are adequately trained to support clients within the
range of ages; and staff with an extensive trauma history resulting in a variety of behaviors
necessitating treatment. This includes individuals who are capable and equipped to manage
challenging and aggressive behaviors using de-escalation techniques.

C.5.3 Referral and Intake Process

C.5.3.1 The Contractor shall receive clients into their care on a twenty-four (24) hours, seven (7)
days a week basis, including holidays.

C.5.3.2 The Contractor shall maintain a 24-hours per day, 7-day per week phone line, and shall
ensure that each call to the phone line is answered in real time by a staff person. CFSA’s
Administration for Kinship and Placement (Placement), shall contact this phone line for
placement.

C.5.3.3 The Contractor shall accept clients within one hour of need. The Contractor shall also
provide assistance in securing the physical health, mental health, educational,
transportation, and assessment needs of the client. This includes help with making
appointments and ensuring transportation is provided to and from existing and future
appointments.
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C.5.3.4 The Contractor shall be in contact with CFSA staff, the client, and their family.
The process shall be as follows:

C.5.3.5 The Placement Team shall provide the Contractor with relevant information for each
client. In some instances, the Placement Team may only have minimal information
available from the list below:

• age, sex and religion
• reason for original placement and date
• placement history
• medical history
• medical and other evaluation material on clients
• school information
• family history, contact, projected relationship, handicaps, or special problems
• estimate of time in placement, and future placement, or other disposition

C.5.3.6 Upon a client’s arrival to the facility, t he Contractor shall provide orientation which
includes but is not limited to the following.
• tour of the living space;
• introduction of staff and other clients in the facility;
• explanation of the policies and procedures of the facility;
• discussion of services provided and community resources available; and explanation
of the expectation for clients in terms of goals and behavior and the client’s rights
and responsibilities.

C.5.3.7 The Contractor shall use discretion about timing of the orientation based on the time of day
(or night) and the client’s presentation at the point of arrival to the facility.

C.5.3.8 CFSA will coordinate the client’s move from their present residence to the program.

C.5.3.9 CFSA will ensure that each client, upon entry into the facility, has been screened at a
designated health clinic for signs of illness, fever, rashes, bruises, physical and emotional
problems. This screening can include but is not limited to a screening at the Healthy
Horizons Assessment Center, or a comparable medical screening.

C.5.3.10 Within 24 hours of a client being placed in the program, an assigned CFSA staff shall call the
program to initiate any sharing of information that is needed to support the safety and well-being
of the client.

C.5.3.11 Within 72 hours of a client’s placement in the program, a team meeting shall be facilitated by
CFSA. The meeting shall include a representative from the CFSA Placement Unit, the Social
Worker, and the contractor. Other parties may be invited at the discretion of the three parties
specified here.

C.5.4 Approach and Model

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C.5.4.1 The Contractor shall use teaming as a fundamental approach to serving clients and
participate in the client’s treatment team meeting as convened by CFSA or a child
placing private agency.

C.5.4.2 The Contractor shall provide culturally competent services by staff who understand the
client’s culture; reinforce positive cultural practices; and acknowledge and build upon
ethnic, socio-cultural, and linguistic strengths. The Contractor shall endeavor to
employ staff representative of the clients served.

C.5.4.3 The Contractor shall comply with District of Columbia and federal regulations
applicable to foster client services and care.

C.5.4.4 The Contractor shall provide clients ages 14 or older with a Youth Bill of Rights and
secure a signed acknowledgement that each client received the list.

C.5.4.5 The Contractor shall display and provide each client with the Human Trafficking
Hotline and National Center for Missing and Exploited Children phone number and
community resources, in addition to the CFSA Ombudsman’s contact information and
secure a signed acknowledgement that each client has received the information.

C.5.4.6 The Contractor shall ensure that each client is assigned a staff person who will be the
client’s primary point of contact. The staff person will be responsible for the direct
care of that client in conjunction with the social worker and other staff members.

C.5.4.7 The Contractor shall ensure that each client receives a resident life agreement specifying
program rules and regulations.

C.5.4.8 The Contractor shall maintain case files and fiscal records and ensure that staff adhere to
record-keeping practices and procedures, in a manner that is compliant with and supports
all existing federal, state, and local laws, rules, and regulations, and is consistent with
policies, procedures, and standards promulgated by CFSA. The Contractor shall comply
with CFSA standards for reporting and monitoring activities outlined in the deliverables
chart Section F.3.1

C.5.5 Service Planning

C.5.5.1 For clients who are in their initial placement in the facility (newly entering foster care), the
Contractor shall develop and follow a written plan for providing effective mental health
services within 30 days, including but not limited to:

• Crisis intervention;
• A preliminary mental health screen by a qualified mental health practitioner within
three (3) business days of admission; and
• Evaluation and assessment, including a standardized diagnostic mental health
assessment completed within fifteen (15) calendar days of admission by a qualified
mental health practitioner, unless the parent(s) or guardian(s), contracting entity, or
other governmental entity provides a written report of such examination conducted no
more than thirty (30) calendar days prior to admission.
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C.5.5.2 For clients who are already in care and are placed in the facility for reasons such as
abscondence or a placement disruption; the Contractor shall cooperate, develop and follow a
written plan for providing effective mental health services, including but not limited to:

• Crisis intervention;
• An evaluation within seven (7) calendar days of admission by the client’s Individual
Service Plan (ISP), planning team, to determine whether another mental health screen
or evaluation and assessment is required, including written documentation of the ISP
planning team’s determination;
• If the ISP planning team determines that another mental health screen is required, the
contractor shall conduct a mental health screen by a qualified mental health
practitioner within seven (7) business days of this determination; and
• If the ISP planning team determines that another mental health evaluation and
assessment is required, an evaluation and assessment, including a standardized
diagnostic mental health assessment, shall be completed within thirty (30) calendar
days of admission by a qualified mental health practitioner, unless the parent(s) or
guardian(s), contracting entity, or other governmental entity provides a written report
of such examination conducted no more than thirty (30) calendar days prior to
admission.

C.5.5.3 The Contractor shall develop and follow a written plan within 30 days of entry, for providing
effective mental health services to all clients, including but not limited to:

• Individualized treatment, including therapy and counseling for individuals and groups;
• Substance abuse prevention, intervention, and treatment;
• Clinical consultation with clients, parent(s) or guardian(s), and staff;
• Access to emergency mental health services on a twenty-four (24) hour per day, seven
(7) day per week basis;
• A standardized system for collecting, recording, and conveying each client’s essential
mental health information; and
• A standardized system for collecting and reviewing the client’s historical mental
health records

C.5.5.4 The Contractor shall develop and implement a social plan within 15 days for each client
designed to:

• Resolve conflicts that arise in group living situations;
• Assist the clients in making the transition from their family or foster care
• structure to the home;
• Limit the negative effects and trauma that is associated with placement in the home
by providing individual and family counseling from a licensed clinician as
defined in section C;
• Foster the development of constructive interpersonal relationships with
parents/guardians and other adult professionals who are involved in the client’s case;
• Promote participation in constructive recreational and educational activities
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designed to stimulate mental and physical growth;
• Assist clients in gaining confidence in themselves; and
• Monitor the academic progress of each client, provide remedial assistance and
counseling, and follow each client’s progress with appropriate school personnel.

C.5.5.5 In consultation with the client’s social worker, the Contractor shall implement a plan
within 15 days to assist clients in dealing with daily life activities.

The Contractor shall provide support reassurance addressing the following:

• physical;
• social;
• and emotional needs of each client; and the

Contractor shall act as a surrogate parent in an environment providing basic needs and
support as the client prepares for tr ansition to a family-based setting.

C.5.5.6 The Contractor shall submit to the CFSA Contract Monitor, within ten (10) days after
the contract execution, a plan to teach appropriate coping mechanisms and use of
positive reinforcement that will be utilized for all clients’ well- being. The Contractor
shall not administer corporal punishment, deny access to educational programs, or limit
access to family members.

C.5.5.7 The Contractor shall create a detailed individualized schedule within 15 days that
establishes the daily structured activities for each specific client. Plans may include free
time and shall be flexible based on the client’s daily presentation.

C.5.5.8 While a client is placed at the facility, the Contractor shall be an integral part of the client’s
clinical team. The Contractor shall actively coordinate service provision by teaming with the
social worker and the Placement team. Teaming shall include communication via phone, text,
email, teleconference and in-person meetings. While teaming with CFSA, the Contractor shall
be prepared to share observations and recommendations about how to best support a client in
their care.

C.5.5.9 The Contractor in conjunction with the social work teams shall assess and
reevaluate the client and update the service plan to meet their needs. Additionally,
the contractor shall document a daily note on the client’s activities and any
observations, concerns, or impressions that appear relevant to case planning for a
client in the foster care system.

C.5.6 Daily Structured Programming

C.5.6.1 The Contractor shall provide the following services to meet the basic needs of each
client:

(a) Three balanced nutritious meals and snacks per day. All meals served shall
meet basic nutritional requirements as specified by the U.S. Department of
Agriculture. Meals shall accommodate religious requirements of each individual
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client. To the extent possible, cultural and ethnic foods appropriate to the
client, high in nutritional value and fiber, and low in salt, fat, and sugar shall
be part of the nutrition program. The client shall participate in meal planning
and preparation, sharing of kitchen chores, and other household
responsibilities.

(b) Hygiene supplies, provisions for bathing and laundry, linens and drawer and
closet space, consistent with Chapter 62. The Contractor shall assist and
teach hygiene to younger clients and clients who lack an understanding of
daily hygiene skills.

(c) Transportation for all planned activities. This shall include transportation to
medical, dental, vision, mental health appointments. Daily school/
educational, extracurricular, and vocational activities. Recreational/
community activities, family team meetings and visits. Court appearances;
and any meeting that require staff to remain with the client for additional
supervision and support. Any other events deemed necessary for the client to
attend, at the discretion of the client’s social worker. For any medical or
mental health appointment transportation, the Contractor shall submit any
paperwork associated to the CFSA social work team. Appointments may
exist prior to a client’s admission to the program or may be made on short
notice. The Contractor shall accommodate all appointments. The Contractor
shall safely provide supervised transportation for clients via a car or van
belonging to the program, staff personal vehicles, taxi or other ride sharing
services such as Uber or Lyft. (The Contractor shall provide evidence of any
proposed vehicle(s) to be utilized, and CFSA will monitor the condition for the
purpose of ensuring safe transport of the client. The Contractor shall submit
upon request of the CA, copies of vehicle registrations and inspections, if
applicable).

(d) The Contractor shall, in an emergency, facilitate transportation and accompany the
client to the nearest medical facility, as well as provide the facility with the client’s
Medicaid information. The Contractor shall notify the Social Worker via phone,
voicemail, or email immediately. The Contractor shall also notify the Healthy
Horizons Assessment Center through the 24 hour on-call phone: 202-498-8456
immediately. The Contractor shall not consent to treatment. In a true life-
threatening emergency, treatment will be initiated by the emergency room staff.
The Contractor shall remain with the client for the duration of any emergency
treatment.

(e) The Contractor shall coordinate transportation services to and from school.

(f) The Contractor shall provide the Contract Monitor, upon request, any written
documentation pertaining to the care and services of CFSA clients.

C.5.6.2 The Contractor shall create a detailed individualized schedule within 15 days that establishes
the daily structured activities for each specific client. Plans may include free time and shall be
flexible based on the client’s daily presentation.
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C.5.6.3 The Contractor shall plan and supervise appropriate cultural, social and recreational
activities.

C.5.6.4 The Contractor shall ensure that clients have opportunities to participate in religious
services of their choice.

C.5.6.5 The Contractor shall develop an independent living program for clients 14 years and
older. The program sha ll include, but not be limited to teaching life skills; determining
vocational skills and academic competencies; assessing medical psychological, academic
social and emotional services for clients and using community resources. The
Contractor shall develop individual, realistic goals that can be achieved short-term and
are designed to aid the client in making the transition from foster care to independence.

C.5.7 Staffing Plan

C.5.7.1 The Contractor shall provide staff seven (7) days a week, twenty-four (24) hours a day
to ensure coverage in the delivery of services. Staff ratios shall meet the below
requirements.

C.5.7.2 At least two on-duty staff members must be present in the facility whenever a client is in the
home. This excludes volunteers and staff who are not providing direct care or supervision. To
the extent possible, the Contractor shall ensure that one male and one female staff member are
on duty.
• The staff-to-client ratio during waking hours shall be no less than one staff
member for every two clients.
• The staff-to-client ratio during sleeping hours shall also be no less than one staff
member for every two clients.
• The Contractor shall provide a detailed monitoring plan at least 24 hours prior to
any placement involving clients of both genders. The plan shall clearly explain
how supervision will be managed, specifically addressing monitoring of the upper
level during bath/shower routines and during sleep hours.
• In addition to meeting in-home staffing ratios, the Contractor must also ensure
adequate staff availability to transport and supervise clients for medical, mental
health, and other required appointments.

C.5.7.3 The Contractor shall have the capacity to provide 1:1 staffing for clients with acute needs. If a
client is receiving 1:1 staffing, the client and staff person will not count in the above ratios.
(Example: If there are four clients in the home and one client is on 1:1 staffing, then a total of
three staff will need to be present because the minimum staffing requirements).

C.5.7.4 The Contractor shall utilize the Youth Bill of Rights to ensure the client has an experience
that is supportive, caring, and equitable.

C.5.7.5 The Contractor shall provide recommendations regarding appropriate contact with family and
life-long connections.
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C.6 STANDARD CONTRACT REQUIREMENTS

C.6.1 Non-Discrimination

C.6.1.1 The Contractor shall comply with all applicable District of Columbia laws and regulations. In
particular, this contract issued by or on behalf of the government of the District of Columbia,
shall be conditioned upon full compliance with the provisions of D.C. Code, 2001 Ed., §2-
1402.67. Contractor’s failure or refusal to comply with any provision of this chapter shall be a
proper basis for revocation of the contract. Any practice which has the effect or consequence
of violating any of the provisions of this chapter shall be deemed to be an unlawful
discriminatory practice. D.C. Code, 2001 Ed., §2-1402.68.

C.6.1.2 The Contractor shall provide an environment that is free of discrimination and harassment
based on gender identity, sexual orientation, religious and racial/ethnic background, and/or
disability.

C.6.1.3 In accordance with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), as amended,
no person eligible for services shall, on the grounds of race, color, religion, nationality, sex, or
political opinion, be denied the benefits of, or be subjected to discrimination under, any
program activity receiving contract funds.

C.7 MAINTENANCE

C.7.1 Supplies and services routinely needed for maintenance and operation of the facility, such
as security, janitorial services, trash pick-up, laundry, or linens shall be provided by the
Contractor.

The Contract Monitoring Division will conduct unannounced facility checks where they
assess the condition of facilities looking for things like mold, broken furniture and fixtures,
operable fire extinguishers, etc. In addition, monitors verify providers have adequate supplies
of materials to maintain home operations such as, food, cleaning supplies, Covid supplies,
bedding, etc., Conducive to the operation of the facility as a "home" for the children of the
District of Columbia. Repeated failures by the Contractor to maintain or correct
deficiencies in its facilities maybe sufficient cause to terminate the contract.

C.8 ORGANIZATIONAL REQUIREMENTS

C.8.1 The Contractor shall submit information regarding its organization that includes the mission,
organizational structure, location, services and programs offered.

C.8.2 The Contractor shall submit a current organizational chart that displays organizational
relationships and demonstrates the staff member with responsibility for administrative oversight
and supervision for each activity required under this HCA, staff with training authority, staff
with programmatic and clinical responsibility, and all other key staff, including main office and
the short-term residential care facility staff.

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C.8.3 The Contractor shall maintain, and submit as part of its response, a policies and procedures
manual(s) that, at a minimum, describes in detail the philosophy and approach to care, program
management, admissions, service delivery, behavior management, faci lity management and
safety measures, staffing guidelines and training requirements, and residents’ rules of conduct
to include rights and responsibilities and grievance procedures.

C.8.4 The Contractor organization shall maintain a Board of Directors, or similar governing body,
that provides legal oversight and is comprised of representatives from the community with
experience in governance, financial management, fundraising, child welfare expertise, and any
other experience pertinent to administration of a therapeutic group home environment.

C.9 CONTINUOUS QUALITY IMPROVEMENT

C.9.1 The Contractor shall comply with the monthly requirements for progress note documentation
regarding children and youth placed by CFSA (see Section C.5.3, C.5.4.4 and F.3.3 for
details of documentation requirements), and with any data requests made by CFSA in regard
to children and youth cared for as per this agreement.

C.9.2 The Contractor shall maintain a quality assurance (QA) system that provides for the
collection and review of both quantitative and qualitative data, for the purposes of program
evaluation and assessment of individual client progress.

C.9.3 As part of its response, the Contractor shall submit an overview of its quality assurance
system.

C.9.4 The Contractor shall make its quality assurance system and data available for CFSA review.
Data and documentation on each client shall be submitted monthly, and upon request by
CFSA.

C.9.5 CFSA will monitor the QA system and the data produced. Program evaluations of the
program will be completed by CFSA every six months, assessing both client’s progress and
overall program functioning.

C.9.6 The Contractor shall, on a monthly basis, provide a report on required and discretionary
activities specified throughout the contract.

C.10 RECORDKEEPING AND DOCUMENTATION REQUIREMENTS

C.10.1 The Contractor shall send to the Social Worker preparatory documents prior to the scheduled
ISP review meeting, and a summary update to the plan following the review for inclusion in
the CFSA case record. The Contractor shall ensure that these monthly reviews and updates to
the ISP include detailed notes on the child or youth’s progress, and/or lack thereof, for
inclusion in the CFSA case record.

C.10.2 The Contractor shall establish and maintain an up-to-date record on each child or youth in its
care. The record shall include all service planning, treatment, progress notes, and other
information pertinent to the child or youth in a manner conducive to managing care and audit
review.
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C.10.3 The Contractor shall submit to CFSA’s Business Services Administration (BSA) all progress
notes on treatment and service delivery that fully outline the care provided to children and
youth. On a monthly basis, the Contractor shall include summary notes on dates of service,
the service providers and their credentials, the nature and extent of the service, units of
service, and place of service.

C.11 PERFORMANCE INDICATORS AND OUTCOMES

C.11.1 The Contractor shall maintain a quality assurance system that includes the collection and
review of both quantitative and qualitative data for the purposes of program evaluation and
determination of outcome achievement for children and youth. This system shall give full
consideration of CFSA’s performance and outcome measures. The Contractor shall make its
quality assurance system and data available for CFSA review. Data and documentation on
each client shall be submitted monthly, and upon request by CFSA.

C.11.2 As part of its quality assurance system, the Contractor shall collect data pertinent to the
performance indicators and outcome areas outlined in this section. The Contractor shall work
collaboratively with CFSA in further development of indicators and outcome measures in the
areas of safety, permanence and wellbeing. The following represents the three broad child
welfare outcome areas with a sampling of performance indicators developed for each area:

C.11.2.1 Safety

C.11.2.1 Safe Haven – The care environment will ensure safety and adequate supervision of
children/youth to maintain safety for residents.

Performance Indicators:
C.11.2.1.A. Incidence of Unusual Incidents that compromise safety of residents.
C.11.2.1.B. Incidence of substantiated findings of Institutional Abuse/Neglect
Incidence of program concerns detected as part of an investigation or routine
monitoring leading to corrective actions or performance improvement plans.

C.11.2.2 Adequacy of Staff – Staff will be adequately screened, qualified and supervised.

Performance Indicators:
C.11.2.2.A. Rate of regularity for completion of required criminal background and child
protection registry clearances.
C.11.2.2.B. Occurrence of staff credentialing, qualification, and training standards met.
C.11.2.2.C. Rate of maintaining facility staffing array.

C.11.3 Permanence

C.11.3.1 Placement Stability – Placements will be stable and purposeful. Contractor will only
facilitate planned placement setting changes that place child or youth in accordance
with formal plans (case plan and the ISP and its components), and with the goal of
placement in less restrictive placement settings.

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Performance Indicators:
C.11.3.1.A. Incidence of unplanned discharge of children or youth.
C.11.3.1.B. Incidence of children and youth stepping down to less restrictive placement settings
within 2 months of placement with Contractor.

C.11.3.2 Service Planning – Individual Service Plans will be current and reflective of the
Agency’s goals. Planning will include integration and participation of the client,
family members, and other significant persons in the youth’s life. others.

Performance Indicators:
C.11.3.2.A. Rate of Contractor participating in Youth Transition Planning meetings.
C.11.3.2.B. Rate of youth Individual Service Plans aligned with CFSA Youth Transition Plans.
C.11.3.2.C. Rate of youth with current Behavior Management Plans.

C.11.4 Well Being

C.11.4.1 Facilitation of services and supports to maintain physical and emotional health.

Performance Indicator:
C.11.4.1.A. Rate of youth that receive life-skills supports.
C.11.4.1.B. Rate of youth with current annual health exams.
C.11.4.1.C Rate of youth with current dental health exams.
C.11.4.1.D Rate of youth reporting satisfaction with placement services.

C.11.5 Information Management System Requirements

C.11.5.1 The Provider shall meet the following requirements specified by CFSA's Child
Information Systems Administration (CISA) for the purpose of meeting the data
collection and documentation requirements.

C.11.5.1.1 Intel i5, 2.00 GHz,8 GB RAM or above

C.11.5.1.2 Windows 10 Professional I Home Edition or higher, Microsoft Edge, Adobe Acrobat
Reader 11 or above required for viewing reports that are printed in .pdf format.

C.11.5.1.3 Microsoft Office 2016 or Word Viewer. This is required to view reports/forms printed
in .doc or .docx format

C.11.5.1.4 High speed Internet Connection

C.11.5.1.5 FACES.NET Access and Information

C.11.5.1.6 The Provider shall ensure that all staff responsible for managing the Comprehensive
Child Welfare Information System (CCWIS) or FACES participate and complete
initial and ongoing FACES.NET training and have access to the security level
necessary to perform his or her job.

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C.11.5.1.7 The approved CCWIS user must have service planning responsibilities within the job
description and follow security protocols that grant access to individual staff. Login
and password information of staff must be protected and not shared with staff that are
not granted access to the system. The Contractor must provide notice no later than 24
hours when the authorized CCWIS user transitions to a non-case planning role or
resigns.

C.11.5.1.8 Technology Support

C.11.5.1.9 The Provider shall have the capacity for technology support via staff with expertise in
the FACES.NET application. These staff shall be responsible for providing functional
assistance to its own agency staff.

C.11.6 Access to case information

C.11.6.1 The Contractor shall have read-only access to CCWIS and will not have any ability to
utilize the system to document or upload case information. The contractor shall
maintain a system to document progress notes and store documents external to
CCWIS.

C.11.6.2 The Contractor can obtain data and information stored in FACES for the purpose of
service planning for children and youth currently in their care.

C.11.6.3 Information and data retrieved in FACES does not serve as a substitute for hard copy
documentation that must be stored in physical case records.

C.12 CAPACITY AND CAPABILITIES

C.12.1 Technical Capacity and Expertise Proposed – Project Team

C.12.2 The contractor’s team shall have demonstrated experience within the past (3) years: (a)
providing cohesive short-term residential services for children and youth between ages 12
and 17 who present a wide range of behavioral challenges and levels of need, and that are
designed to achieve positive safety, permanency and well-being outcomes; (b) recruiting,
training, supporting and retaining a cadre of high-quality staff; and (c) working in partnership
with public agencies and managing contracts of comparable size and complexity.

C.13 Leadership, Management and Staff Qualifications

C.13.1 Board of Directors. The Contractor’s organization shall maintain a Board of Directors, or
similar governing body, which provides legal oversight and is comprised of representatives
from the community with experience in governance, financial management, fundraising, child
welfare programming, and any other experience pertinent to administration of a short-term
residential services program.

C.13.2 Organizational Chart. The Contractor shall provide, on an annual basis, an organizational
chart that displays organizational relationships and staff with responsibility for administrative
oversight and supervision for each activity required under this contract, staff with training
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authority, staff with programmatic and clinical responsibility, and all other key personnel,
including main office.

C.13.3 Key Personnel. Provide the names and reporting relationships of the key personnel who will
perform the work under the proposed contract. Indicate the hours that each will devote to the
contract broken down by task and role. One person may carry out more than one role.

C.13.4 Staff Qualifications. The Contractor shall ensure that the staff composition, capacity and
qualifications comply with standards for licensing in the jurisdiction where the facility is
located. The Contractor shall ensure that social workers, supervisors and managers have a
master’s degree in social work and maintain current social work licenses in the District of
Columbia or the jurisdiction where the facility is located.

C.13.5 Staff Recruitment. The Contractor shall have staff with the knowledge, skills, and abilities to
work with the identified target populations and ensure that recruitment and hiring practices
support the cultural and linguistic competence qualifications of the staff.

C.13.6 HR Compliance. The Contractor shall ensure human resources compliance requirements are
met and monitored to include background checks.

C.14 PAST PERFORMANCE

C.14.1 Past Performance Data. The extent to which the proposal provides qualitative and quantitative
data on the Offeror’s performance within the last (3) years, in achieving positive outcomes
for children, youth and families served. Evaluation of this factor will be based on quantitative
and qualitative evidence of the Offeror’s performance under other contracts of comparable
size and complexity in the areas of: (a) behavioral health outcomes (b) placement stability, (c)
customer satisfaction; (d) safety; and € well-being.

C.14.2 The Contractor shall provide the following performance data for within the past three 3 years:
a. Behavioral Health outcomes
b. Placement stability
c. Customer satisfaction
d. Safety
e. Well-Being

* * END OF SECTION C * * *

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SECTION D: PACKAGING AND MARKING

D.1 The packaging and marking requirements for the resultant contract shall be governed by
clause number (2), Shipping Instructions-Consignment of the Government of the District of
Columbia’s Standard Contract Provision for use with Supply and Services Contracts, dated
July 2010.

* * * END OF SECTION D * * *

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SECTION E: INSPECTION AND ACCEPTANCE

E.1 The inspection and acceptance requirements for this contract shall be governed by Clause 6,
“Inspection of Services” of the Government of the District of Columbia’s Standard Contract
Provisions for use with Supplies and Services Contracts, dated July 2010.

* * * END OF SECTION E * * *

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SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT

The term of this HCA shall be from December 1, 2025 through September 30, 2026.

F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT

F.2.1 The District may extend the term of this HCA for a period of four (4) one-year option periods,
or successive fractions thereof, by written notice to the Contractor before the expiration of the
contract; provided that the District will give the Contractor preliminary written notice of its
intent to extend at least thirty (30) days before the contract expires. The preliminary notice
does not commit the District to an extension. The exercise of this option is subject to the
availability of funds at the time of the exercise of this option. The Contractor may waive the
thirty (30) day preliminary notice requirement by providing a written waiver to the
Contracting Officer prior to expiration of the contract.

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

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

F.2.4 The total duration of this HCA, including the exercise of any options under this clause, shall
not exceed five (5) years.

F.3 DELIVERABLES

F.3.1 The contractor shall perform the activities required to successfully complete the District’s
requirements and submit each deliverable to the Contract Administrator (CA) identified in
section G.9 or designee specified in accordance with the following:

# Deliverable Qty. Format/Method
of Delivery Due Date To Whom
1. Mandatory and
Unusual Incident
Reporting
1 Email Within 24 hours
after the incident
CFSA.monitoring
@dc.gov
2. Update Placement
Provider Web
(PPW)
N/A SACWIS Daily PPW
3. Weekly Census
Roster
1 Report / Email Once weekly CFSA.monitoring
@dc.gov
4. Annual Recruitment
and Retention Plan
1 Plan / Email Annually, at the
start of the
contract and each
option year
thereafter
CFSA.monitoring
@dc.gov
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# Deliverable Qty. Format/Method
of Delivery Due Date To Whom
5. Annual Staff
Training Plan
1 Plan / Email Annually, at the
start of the
contract
CFSA.monitoring
@dc.gov
6. Daily Notes on
Client’s well-being,
observations,
assessment, and
recommendations
1
per
clie
nt
Plan / Email Daily Contracts and
Monitoring,
Kinship and
Placement
Administration
by close of
business daily
7. Quarterly
Recruitment and
Retention Plan
Updates
1 Report / Email 30 days after the
end of each fiscal
year quarter
CFSA.monitoring
@dc.gov
8. Continuous Quality
Improvement Plan
1 Plan / Email Annually, at the
start of the
contract and each
option year
thereafter
CFSA.monitoring
@dc.gov
9. Continuous Quality
Improvement
Report
1 Report/ Email 30 days after the
end of each fiscal
year quarter
CFSA.monitoring
@dc.gov
10. Outcome Indicator
Report as agreed
upon with CFSA
4 Report / Email 30 days after the
end of each fiscal
year quarter
CFSA.monitoring
@dc.gov
11. Quarterly
Expenditure Report
4 CFSA will
provide the
required format
and method of
delivery
Thirty days after
the end of each
fiscal year quarter
CFSA.BSAreport
ing@dc.gov
12. Weekly assessment
meetings with the
Placement Team
1 In person or
virtual meetings
Weekly per CFSA Kinship and
Placement
Administration
Social work
team and private
agency staff
13. Emergency
Response Plan and
training provisions
for Emergency
Response Plan
1 Email Annually, at the
start of the
contract and each
fiscal year
thereafter
CFSA.monitoring
@dc.gov
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# Deliverable Qty. Format/Method
of Delivery Due Date To Whom
14. Staff Monitoring
and schedule reports
1 Email Monthly Kinship and
Placement
Administration,
Contracts and
Monitoring
Division, Social
Work Team
15. Facility license 1 Email For new/modified
facilities within 90
days of contract
execution,
thereafter upon
renewal
CFSA.monitoring
@dc.gov
16. Facility license
monitoring reports
1 Email Within 30 days of
contract execution
Contractor shall
provide the most
recent licensing
report, thereafter
within 30 days of
subsequent report
issuance
CFSA.monitoring
@dc.gov
17. Vehicle registrations
and inspections, if
applicable).
1 Email Within 30 days of
contract execution
CFSA.monitoring
@dc.gov

F.3.2 The Contractor shall submit to the District, as a deliverable, the report described in section
H.5 of this HCA that requires the 51% District Residents New Hires Requirements and First
Source Employment Agreement. If the Contractor does not submit the report as part of the
deliverables, the District shall not make final payment to the Contractor pursuant to section
G.3.2.

F.3.3 Progress notes which shall be submitted monthly may be submitted electronically, but must
include: name of social worker or service provider, description of services provided, time and
duration of service provided, location of service provided, assessment of children and youth’s
uptake of services, as well as name, date of birth, and client ID of the children and youth to
whom services were provided. The notes must describe the “who, what, where, why, when,
and how” of service provision.

-who (who is the service provider and who is the recipient of service)?
-what (what type of service was provided?);
-where (where/what location did provision of service take place)?
-why (why was the service provided”)
-when (when/what date and time did the service take place? and
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-how (how were services provided i.e. via face-to face, telephone, etc.) services were
provided.

Note: All of the above information shall also be maintained in the client’s case file.

F.4 Contractor Quarterly Expenditure Reporting

F.4.1 The Contractor shall report all expenditures (accrued/cash) related to this contract on a
quarterly basis. Expenditures shall be reported as they were itemized in the Attachment J.10
Contract Costing for Short-Term Residential Services Providers, via “Excel” worksheet(s).
CFSA will provide the required format for this report. The Reports are due to CFSA’s
Business Services Administration (BSA), within thirty days after the end of each quarter. The
expenditures shall be reported by Federal Fiscal Year (FFY) quarters. The FFY quarters; and
the expenditure reporting due dates are as follows:

• October 1 – December 31 Due on or before January 31
• January 1 – March 31 Due on or before April 30
• April 1 – June 30 Due on or before July 31
• July 1 – September 30 Due on or before October 31

F.4.2 The Contractor shall submit the position descriptions of each position detailed in Schedule 1,
Salary and Wage Costs and copies of sub-contract agreements for those services listed in
Schedule 3 – Consulting/Experts of the Budget Summary Form with the initial Expenditure
Report.

F.5 Contractor Close-Out Package

F.5.1 Within 45 days of the expiration/termination of this contract, the Contractor shall submit the
Close Out Package to CFSA’s Business Services Administration (BSA). The Close Out
Package shall include the following at a minimum:

• An Excel worksheet(s), which summarizes all of the expenditures associated with
this contract. The summary must detail the expenditures as they were itemized in
the original contract Budget Summary Form.
• An Excel worksheet which summarizes all of the receipts/revenues, paid under this
contract, including the accompanying monthly supporting invoices.
• The most recent agency wide annual audit report.

* * * END OF SECTION F * * *

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SECTION G: CONTRACT ADMINISTRATION

G.1 INVOICE PAYMENT

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

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

G.2 INVOICE SUBMITTAL

G.2.1 CFSA shall use information generated from STAAND - Comprehensive Child Welfare System
application for payment of placement services. The CCWIS is an application within the STAAND
database system whereby placement Contractors certify the requisite placement information necessary
to generate payment invoices to CFSA Fiscal Operations.

Example: The District will utilize the following formula each month to determine how much it will pay
the Contractor for the Per Diem Services: f = (c X d X e) where “f” represents the total payment for
Per Diem Services; “c” represents the number of children actually placed with the Contractor over
the course of the month; “d” represents the Per Diem rate set forth in the CONTRACT; and “e”
represents the number of days in the month. Assuming the actual number of children served is 35 and
the Contractor’s Per Diem rate is $100 and the month is 30 days long, under the above formula, the
District will pay the Contractor $105,000 for Per Diem Services (calculated by multiplying 35
children X $100 Per Diem X 30 days).

G.2.2 The Contractor will solely utilize the STAAND system to submit the necessary information to
generate all invoices for payment.”

G.2.3 The Contractor shall not certify the information within STAAND earlier than the first day of the
following month subsequent to the service month.

G.2.4 Once an invoice is certified by the Contractor for the generation of an invoice, it cannot be modified.

G.2.5 The Contractor must designate a staff member to serve as an approving authority for the
STAAND. The Contractor shall provide the designated staff information to the CA to initiate training.
Designated staff must complete the requisite STAAND training prior to the issuance of secure access
to the system.

G.2.6 If the Contractor is unable to access STAAND, it is the Contractor’s responsibility to contact the
CFSA Computer Information Systems Administration (CISA) helpdesk or the designated CFSA
Contract Administrator of the contract for technical assistance.

G.2.7 If there is a substantive, not technical, problem with the Contractor’s STAAND invoice, it is the
Contractor’s responsibility to contact the designated CFSA Contract Administrator of the contract to
resolve the issue.

G.2.8 If the Contractor fails to submit its invoices through STAAND, the Contractor accepts that said
invoices may not be processed within the normal statutory timeframes.
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G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT

G.3.1 For HCA’s subject to the 51% District Residents New Hires Requirements and First Source
Employment Agreement requirements, final request for payment must be accompanied by the
report or a waiver of compliance discussed in Section H.5.

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

G.4 PAYMENT

G.4.1 The District will pay the amount due the Contractor under this HCA in accordance with the
terms of the HCA and upon presentation of a complete and properly executed invoice.

G.5 ASSIGNMENTS

G.5.1 In accordance with 27 DCMR § 3250, unless otherwise prohibited by this HCA, the Contractor
may assign funds due or to become due as a result of the performance of this HCA to a bank,
trust company, or other financing institution.

G.5.2 Any assignment shall cover all unpaid amounts payable under this HCA, and shall not be made
to more than one party.

G.5.3 Notwithstanding an assignment of money claims pursuant to authority contained in the HCA,
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 assignm ent 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________________________________
(name and address of assignee).

G.6 THE QUICK PAYMENT CLAUSE

G.6.1 Interest Penalties to Contractors

G.6.1.1 The District will pay interest penalties on amounts due to the Contractor under the Quick Payment
Act, D.C. Official Code §2- 221.01 et seq., for the period beginning on the day after the required
payment date and ending on the date on which payment of the amount is made. Interest shall be
calculated at the rate of 1 .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
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c) the 15th day after the required payment date for any other item.

G.6.1.2 Any amount of an interest penalty which remains unpaid at the end of any 30- day period
shall be added to the principal amount of the debt and thereafter interest penalties shall
accrue on the added amount.

G.6.2 PAYMENTS TO SUBCONTRACTORS

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

a) Pay the subcontractor for the proportionate share of the total payment received from
the District that is attributable to the subcontractor for work performed under the HCA;
or
b) Notify the District and the subcontractor, in writing, of the Contractor’s intention to
withhold all or part of the subcontractor’s payment and state the reason for the
nonpayment.

G.6.2.2 The Contractor must pay any lower-tier subcontractor or supplier interest penalties on amounts
due to the subcontractor or supplier beginning on the day after the payment is due and ending
on the date on which the payment is made. Interest shall be 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.

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

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

G.7 CONTRACTING OFFICER (CO)

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

Ebony Terrell
Contracting Officer
Child and Family Services Agency
200 I Street SE, 2nd Floor
Washington, DC 20003
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Phone: (202) 724-5300
Fax: (202) 727-5883

G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER
G.8.1 The CO is the only person authorized to approve changes in any of the requirements of this
HCA.

G.8.2 The Contractor shall not comply with any order, directive or request that changes or modifies
the requirements of this HCA, unless issued in writing and signed by the CO.

G.8.3 In the event the Contractor effects any change at the instruction or request of any person other
than the CO, the change will be considered to have been made without authority and no
adjustment will be made in the HCA price to cover any cost increase incurred as a result
thereof.

G.9 CONTRACT ADMINSTRATOR (CA)
G.9.1 The CA is responsible for general administration of the HCA and advising the CO as to the
Contractor’s compliance or noncompliance with the HCA. The CA has the responsibility of
ensuring the work conforms to the requirements of the HCA and such other responsibilities
and authorities as may be specified in the HCA. These include:
G.9.1.1 Keeping the CO fully informed of any technical or contractual difficulties encountered during
the performance period and advising the CO of any potential problem areas under the contract;
G.9.1.2 Coordinating site entry for Contractor personnel, if applicable;
G.9.1.3 Reviewing invoices for completed work and recommending approval by the CO if the
Contractor’s costs are consistent with the negotiated amounts and progress is satisfactory and
commensurate with the rate of expenditure;
G.9.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and services.
This includes the timely processing of invoices and vouchers in accordance with the District’s
payment provisions; and
G.9.1.5 Maintaining a file that includes all HCA correspondence, modifications, records of
inspections (site, data, equipment) and invoice or vouchers.

G.9.2 The address and telephone number of the CA is:

For Programmatic Matters:

Ana Burgos
Administrator for Kinship and Placement
Office of In & Out of Home Care
Child and Family Services Agency
200 I Street S.E.,
Washington, D.C. 20003
Telephone: (202) 727-7328
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Ana.Burgos@dc.gov

For Invoices:

Tosin Ogunyoku King, MSW
Program Manager or designee
Business Services Administration
Contracts Monitoring Division
Child and Family Services Agency
200 I Street SE
Washington, DC 20003
(202) 727-3311 – Office
Tosin.King@dc.gov

For Reporting/Monitoring:

Tosin Ogunyoku King, MSW
Program Manager or designee
Business Services Administration
Contracts Monitoring Division
Child and Family Services Agency
200 I Street SE
Washington, DC 20003
(202) 727-3311 – Office
Tosin.King@dc.gov

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

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

G.9.3.1 The CA is responsible for general administration of the HCA and advising the CO as to the
Contractor’s compliance or noncompliance with the HCA. The CA has the responsibility of
ensuring the work conforms to the requirements of the HCA and such other responsibilities and
authorities as may be specified in the HCA. These include:

G.9.3.2 Coordinate site entry for Contractor personnel, if applicable.

G.9.3.3 Reviewing invoice for completed work and recommending approval by the CO if the
Contractor’s prices and costs are consistent with the contractual amounts and progress is
satisfactory and commensurate with the rate of expenditure;
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G.9.3.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and services. This
includes the timely processing f invoices and vouchers in accordance with the District’s
payment provisions; and

G.9.3.5 Maintaining a file that includes all HCA correspondence, modifications, records of inspections
(site, data, and equipment) and invoice or vouchers.

G.9.3.6 The Contractor will be fully responsible for any changes not authorized in advance, in writing,
by the CO; may be denied compensation or other relief for any additional work performed that
is not so authorized; and may also be required, at no additional cost to the District, to take all
corrective action necessitated by reason of the unauthorized changes.

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

G.10 ORDERING CLAUSE
G.10.1 Any supplies and services to be furnished under this HCA 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.
G.10.2 All delivery orders or task orders are subject to the terms and conditions of this HCA. In the
event of a conflict between a delivery order or task order and this HCA, the HCA shall
control.
G.10.3 If mailed, a delivery order or task order is considered "issued" when the District deposits the
order in the mail. Orders may be issued by facsimile or by electronic commerce methods.
G.11. COMPLANCE WITH SERVICE RATES

G.11.1 The District will only pay, in accordance with the service rates shown in Section B, for services
provided under this H CA. If any overpayment occurs, the Contractor shall repay the District
the full amount of the overpayment.

G.11.2 If the Contractor’s in-State rate is regulated by its State jurisdiction, the Contractor shall submit
documentation of the in-State rates to the Contracting Officer.

G.11.3 If the Contractor’s in-State rate is not regulated by its State jurisdiction, the Contractor shall
submit to the Contracting Officer a detailed budget with documentation to justify its rates. The
Contractor’s unregulated costs may be subject to negotiation.

G.11.4 If mailed, a purchase order or task order shall be considered “issued” by the District when
deposited in the mail. Orders may be transmitted electronically.

G.12 MONITORING
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G.12.1 The Contractor shall comply with the Child and Family Services Agency’s Contract Monitoring
Division’s (CMD) protocol regarding monitoring this HCA and subsequent task order
requirements and deliverables.

G.12.2 The Contractor shall be expected to submit data and quality assurance information that enables
CFSA Monitors to review the status of service delivery, outcomes and indicators.

G.12.3 The Contractor shall allow CMD to complete periodic scheduled and unscheduled site visits as
needed and at any location determined necessary by CMD to assess performance, monitor,
discuss and report on the delivery of services required under this H CA and any resultant task
order(s).

G.12.4 The Contractor shall participate in all technical assistance and support activities as requested by
the Contractor, or as deemed necessary as part of any CMD designated corrective action or
Program Improvement Plan (PIP).

* * END OF SECTION G * * *
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SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES

H.1.1 For all new employment resulting from this contract or subcontracts hereto, as defined in
Mayor’s Order 83-265 and implementing instructions, the Contractor shall use its best efforts
to comply with the following basic goal and objectives for utilization of bona fide residents of
the District of Columbia in each project’s labor force:

H.1.1.1 At least fifty-one (51) percent of apprentices and trainees employed shall be residents of the
District of Columbia registered in programs approved by the District of Columbia
Apprenticeship Council.

H.1.2 The Contractor shall negotiate an Employment Agreement with the Department of
Employment Services (“DOES”) for jobs created as a result of this contract. The DOES shall
be the Contractor’s first source of referral for qualified apprentices and trainees in the
implementation of employment goals contained in this clause.

H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS

The Contractor shall be bound by the Wage Determination No. 2015-4281, Revision No. 35,
dated December 3, 2025 issued by the U.S. Department of Labor in accordance with the
Service Contract Act, 41 U.S.C. §351 et seq., and incorporated herein as Section J.2. The
Contractor shall be bound by the wage rates for the term of the contract subject to revision as
stated herein and in accordance with Section 24 of the SCP. If an option is exercised, the
Contractor shall be bound by the applicable wage rates at the time of the exercise of the
option. If the option is exercised and the CO obtains a revised wage determination, the
revised wage determination is applicable for the option periods and the Contractor may be
entitled to an equitable adjustment.

H.3 PUBLICITY

The Provider shall at all times obtain the prior written approval from the Contracting Officer
before it, any of its officers, agents, employees or subcontractors, either during or after
expiration or termination of the contract, make any statement, or issue any material, for
publication through any medium of communication, bearing on the work performed or data
collected under this contract.

H.4 PREGNANT WORKERS FAIRNESS
H.4.1 The Contractor shall comply with the Protecting Pregnant Workers Fairness Act of 2016,
D.C. Official Code § 32-1231.01 et seq. (PPWF Act).

H.4.2 The Contractor shall not:

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

H.4.3 The Contractor shall post and maintain in a conspicuous place a notice of rights in both
English and Spanish and provide written notice of an employee's right to a needed reasonable
accommodation related to pregnancy, childbirth, related medical conditions, or breastfeeding
pursuant to this chapter to:

(a) New employees at the commencement of employment;

(b) Existing employees; and

(c) An employee who notifies the employer of her pregnancy, or other condition covered by
this chapter, within 10 days of the notification.

H.4.4 The Contractor shall provide an accurate written translation of the notice of rights to any non-
English or non-Spanish speaking employee.

H.4.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.

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

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

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

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

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

H.5.8 Any contractor which violates, more than once within a 10-year timeframe, the hiring or
reporting requirements of the First Source Act shall be referred for debarment for not more
than five (5) years.

H.5.9 The contractor may appeal any decision of the CO pursuant to this clause to the D.C.
Contract Appeals Board as provided in clause 14, Disputes.

H.5.10 The provisions of the First Source Act do not apply to nonprofit organizations which employ
50 employees or less.

H.6 FREEDOM OF INFORMATION ACT

The District of Columbia Freedom of Information Act, at D.C. Official Code §2-532 (a-3),
requires the District to make available for inspection and copying any record produced or
collected pursuant to a District contract with a private contractor to perform a public function,
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to the same extent as if the record were maintained by the agency on whose behalf the
contract is made. If the Contractor receives a request for such information, the Contractor
shall immediately send the request to the CA who will provide the request to the FOIA
Officer for the agency with programmatic responsibility in accordance with the D.C. Freedom
of Information Act. If the agency with programmatic responsibility receives a request for a
record maintained by the Contractor pursuant to the contract, the CA will forward a copy to
the Contractor. In either event, the Contractor is required by law to provide all responsive
records to the CA within the timeframe designated by the CA. The FOIA Officer for the
agency with programmatic responsibility will determine the releasability of the records. The
District will reimburse the Contractor for the costs of searching and copying the records in
accordance with D.C. Official Code §2-532 and Chapter 4 of Title 1 of the D.C. Municipal
Regulations.

H.7 SECTION 504 OF THE REHABILITATION ACT OF 1973, as amended

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

H.8 AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)

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

H.9 WAY TO WORK AMENDMENT ACT OF 2006

H.9.1 Except as described in H.8. 8 below, the Contractor shall comply with Title I of the Way to
Work Amendment Act of 2006, effective June 9, 2006 (D.C. Law 16-118, D.C. Official Code
§2-220.01 et seq.) (“Living Wage Act of 2006”), for contracts for services in the amount of
$100,000 or more in a 12-month period.

H.9.2 The Contractor shall pay its employees and subcontractors who perform services under the
contract no less than the current living wage published on the CFSA website at
www.ocp.dc.gov.

H.9.3 The Contractor shall include in any subcontract for $15,000 or more a provision requiring the
subcontractor to pay its employees who perform services under the contract no less than the
current living wage rate.

H.9.4 The Department of Employment Services may adjust the living wage annually and the CFSA
will publish the current living wage rate on its website at www.cfsa.dc.gov.

H.9.5 The Contractor shall provide a copy of the Fact Sheet attached as J.7 to each employee and
subcontractor who performs services under the contract. The Contractor shall also post the
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Notice attached as J.6 in a conspicuous place in its place of business. The Contractor shall
include in any subcontract for $15,000 or more a provision requiring the subcontractor to post
the Notice in a conspicuous place in its place of business.

H.9.6 The Contractor shall maintain its payroll records under the contract in the regular course of
business for a period of at least three (3) years from the payroll date, and shall include this
requirement in its subcontracts for $15,000 or more under the contract.

H.9.7 The payment of wages required under the Living Wage Act of 2006 shall be consistent with
and subject to the provisions of D.C. Official Code §32-1301 et seq.

H.9.8 The requirements of the Living Wage Act of 2006 do not apply to:

1) Contracts or other agreements that are subject to higher wage level determinations required by
federal law;
2) Existing and future collective bargaining agreements, provided, that the future collective
bargaining agreement results in the employee being paid no less than the established living
wage;
3) Contracts for electricity, telephone, water, sewer or other services provided by a regulated
utility;
4) Contracts for services needed immediately to prevent or respond to a disaster or eminent
threat to public health or safety declared by the Mayor;
5) Contracts or other agreements that provide trainees with additional services including, but not
limited to, case management and job readiness services; provided that the trainees do not
replace employees subject to the Living Wage Act of 2006;
6) An employee under 22 years of age employed during a school vacation period, or enrolled as
a full-time student, as defined by the respective institution, who is in high school or at an
accredited institution of higher education and who works less than 25 hours per week;
provided that he or she does not replace employees subject to the Living Wage Act of 2006;
7) Tenants or retail establishments that occupy property constructed or improved by receipt of
government assistance from the District of Columbia; provided, that the tenant or retail
establishment did not receive direct government assistance from the District;
8) Employees of nonprofit organizations that employ not more than 50 individuals and qualify
for taxation exemption pursuant to section 501(c)(3) of the Internal Revenue Code of 1954,
approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3);
9) Medicaid provider agreements for direct care services to Medicaid recipients, provided, that
the direct care service is not provided through a home care agency, a community residence
facility, or a group home for mentally retarded persons as those terms are defined in section 2
of the Health-Care and Community Residence Facility, Hospice, and Home Care Licensure
Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code § 44-501); and
10) Contracts or other agreements between managed care organizations and the Health Care
Safety Net Administration or the Medicaid Assistance Administration to provide health
services.

H.9.9 The Mayor may exempt a contractor from the requirements of the Living Wage Act of 2006,
subject to the approval of Council, in accordance with the provisions of Section 109 of the
Living Wage Act of 2006.

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H.10 FAIR CRIMINAL RECORD SCREENING

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

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

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

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

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

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

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

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

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

H.10.6 A person claiming to be aggrieved by a violation of the Act may file an administrative
complaint with the District of Columbia Office of Human Rights, and the Commission on
Human Rights may impose monetary penalties against the Contractor.

H.11 HIPAA BUSINESS ASSOCIATE COMPLIANCE

For the purpose of this agreement Child and Family Services (CFSA), a covered component
within the District of Columbia’s Hybrid Entity, will be referred to as a “Covered Entity” as
that term is defined by the Health Insurance Portability and Accountability Act of 1996, as
amended (“HIPAA”) and associated regulations promulgated at 45 CFR Parts 160, 162 and
164 as amended (the “HIPAA Regulations”); and Contractor as a recipient of Protected Health
Information or electronic Protected Health Information from CFSA, is a “Business Associate”
as that term is defined by HIPAA.

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Terms used, but not otherwise defined, in this Agreement shall have the same meaning as
those terms in the HIPAA Regulations.

1. Definitions
a. Business Associate means a person or entity, who, on behalf of the District government
or of an organized health care arrangement (as defined in this section) in which the
covered entity participates, but other than in the capacity of a member of the workforce
of the District or arrangement, creates, receives, maintains, or transmits protected health
information for a function or activity for the District, including claims processing or
administration, data analysis, processing or administration, utilization review, quality
assurance, patient safety activities listed at 42 CFR 3.20, billing, benefit management,
practice management, and repricing; or provides, other than in the capacity of a member
of the workforce of such covered entity, legal, actuarial, accounting, consulting, data
aggregation (as defined in 45 CFR § 164.501), management, administrative,
accreditation, or financial services to or for the District, or to or for an organized health
care arrangement in which the District participates, where the provision of the service
involves the disclosure of protected health information from the District or arrangement,
or from another business associate of the District or arrangement, to the person. A
covered entity may be a business associate of another covered entity.

A Business Associate includes, (i) a Health Information Organization, E-prescribing Gateway,
or other person that provides data transmission services with respect to protected health
information to a covered entity and that requires access on a routine basis to such protected
health information; (ii) a person that offers a personal health record to one or more individuals
on behalf of the District; (iii) a subcontractor that creates, receives, maintains, or transmits
protected health information on behalf of the business associate.

A Business Associate does not include: (i) a health care provider, with respect to disclosures
by a covered entity to the health care provider concerning the treatment of the individual; (ii) a
plan sponsor, with respect to disclosures by a group health plan (or by a health insurance
issuer or HMO with respect to a group health plan) to the plan sponsor, to the extent that the
requirements of 45 CFR § 164.504(f) apply and are met; (iii) a government agency, with
respect to determining eligibility for, or enrollment in, a government health plan that provides
public benefits and is administered by another government agency, or collecting protected
health information for such purposes, to the extent such activities are authorized by law; iv) a
covered entity participating in an organized health care arrangement that performs a function,
activity or service included in the definition of a Business Associate above for or on behalf of
such organized health care arrangement.

b. Covered Entity means a health plan, a health care clearinghouse, or a health care
provider who transmits any health information in electronic form in connection with a
transaction covered by 45 5.F.R. Parts 160 and 164 of HIPAA. With respect to this
HIPAA Compliance Clause, Covered Entity shall also include the designated health care
components of the District government’s hybrid entity or a District agency following
HIPAA best practices.
c. Data Aggregation means, with respect to Protected Health Information created or
received by a business associate in its capacity as the business associate of a covered
entity, the combining of such Protected Health Information by the business associate
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with the Protected Health Information received by the business associate in its capacity
as a business associate of another covered entity, to permit data analyses that relate to
the health care operations of the respective covered entities.
d. Designated Record Set means a group of records maintained by or for the Covered
Entity that are:
i. The medical records and billing records about individuals maintained by or for a
covered health care provider;
ii. The enrollment, payment, claims adjudication, and case or medical management
record systems maintained by or for a health plan; or
iii. Records used, in whole or in part, by or for the Covered Entity to make decisions
about individuals.
e. Health Care means care services, or services, or supplies related to the health of an
individual. Health care includes, but is not limited to, the following:
i. Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, and
counseling, service, assessment, or procedure with respect to the physical or mental
condition, or functional status, of an individual or that affects the structure or function
of the body; and
i. Sale or dispensing of a drug, device, equipment, or other item in accordance with the
prescription.
f. Health Care Components means a component or a combination of components of a
hybrid entity designated by a hybrid entity. Health Care Components must include non-
covered functions that provide services to the covered functions for the purpose of
facilitating the sharing of Protected Health Information with such functions of the hybrid
entity without business associate agreements or individual authorizations.
g. Health Care Operations shall have the same meaning as the term “health care
operations” in 45 5.F.R. § 164.501.
h. Hybrid Entity means a single legal entity that is a covered entity and whose business
activities include both covered and non-covered functions, and that designates health
care components in accordance with 45 5.F.R. § 164.105(a)(2)(iii)(C). A Hybrid Entity
is required to designate as a health care component, any other components of the entity
that provide services to the covered functions for the purpose of facilitating the sharing
of Protected Health Information with such functions of the hybrid entity without
business associate agreements or individual authorizations. The District of Columbia is
a Hybrid Covered Entity. Hybrid Entities are required to designate and include
functions, services and activities within its own organization, which would meet the
definition of Business Associate and irrespective of whether performed by employees of
the Hybrid Entity, as part of its health care components for compliance with the Security
Rule and privacy requirements under this Clause.
i. Record shall mean any item, collection, or grouping of information that includes
Protected Health Information and is maintained, collected, used, or disseminated by or
for the Covered Entity.
j. Individual shall have the same meaning as the term “individual” in 45 5.F.R. § 164.501
and shall include a person who qualifies as a personal representative in accordance with
45 5.F.R. § 164.502(g).
k. Individually Identifiable Health Information is information that is health information,
including demographic information collected from an individual, and;
i. Is created or received by a health care provider, health plan, employer, or health care
clearinghouse;
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ii. Relates to the past, present, or future physical or mental health or condition of an
individual; or the past, present, or future payment for the provision of health care to an
individual; and
iii. That identifies the individual or with respect to which there is a reasonable basis to
believe the information can be used to identify the individual.
l. National Provider Identifier (NPI) Rule. “National Provider Identifier” shall mean the
Standard Unique Health Identifier for Healthcare Providers; Final Rule at 45 5.F.R. Part
162.
m. Privacy and Security Official. The person or persons designated by the District of
Columbia, a Hybrid Entity, who is/are responsible for developing, maintaining,
implementing and enforcing the District-wide Privacy Policies and Procedures, and for
overseeing full compliance with the Privacy and Security Rules, and other applicable
federal and state privacy law.
n. Privacy Officer. “Privacy Officer” shall mean the person designated by the District’s
Privacy and Security Official or one of the District’s covered components within its
Hybrid Entity, who is responsible for overseeing compliance with the Covered Agency’s
Privacy Policies and Procedures, the HIPAA Privacy Regulations, HIPAA Security
Regulations and other applicable federal and state privacy law(s). Also referred to as the
agency Privacy Officer, the individual shall follow the guidance of the District’s Privacy
and Security Official, and shall be responsive to and report to the District’s Privacy and
Security Official on matters pertaining to HIPAA compliance.
o. Privacy Rule. “Privacy Rule” shall mean the Standards for Privacy of Individually
Identifiable Health Information at 45 5.F.R. part 160 and part 164, subparts A and E.
p. Protected Health Information. “Protected Health Information” (PHI) or “Electronic
Protected Health Information” (ePHI) means individually identifiable health information
that is created or received by the Business Associate from or on behalf of the Covered
Entity, or agency following HIPAA best practices, which is:
i. Transmitted by, created or maintained in electronic media; or
ii. Transmitted or maintained in any other form or medium.
PHI does not include information in the records listed in subsection (2) of the definition in 45 5.F.R.
§160.103.Required By Law. “Required By Law” shall have the same meaning as the term “required by law”
in 45 5.F.R. § 164.103.
q. Secretary. “Secretary” shall mean the Secretary of the United States Department of
Health and Human Services or his or her designee.
r. Security Officer. The person designated by the Security Official or one of the District
of Columbia’s designated health care components, who are responsible for overseeing
compliance with the Covered Agency’s Privacy Policies and Procedures, the Security
Rules, and other applicable federal and state privacy law(s). The Covered Agency’s
security officer shall follow the guidance of the District’s Security Official, as well as
the Associate Security Official within the Office of the Chief Technology Officer, and
shall be responsive to the same on matters pertaining to HIPAA compliance.
s. Security Rule. “Security Rule” shall mean the Standards for Security of Individually
Identifiable Health Information at 45 5.F.R. part 164.
t. Workforce. “Workforce” shall mean employees, volunteers, trainees, and other persons
whose conduct, in the performance of work for a covered entity or business associate, is
under the direct control of such entity, whether or not they are paid by the covered entity
or business associate.
2. Obligations and Activities of Business Associate
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a. The Business Associate agrees not to use or disclose PHI or ePHI (hereinafter “PHI”
or Protected Health Information”) other than as permitted or required by this HIPAA
Compliance Clause or as required by law.
b. The Business Associate agrees to use appropriate safeguards and comply with
administrative, physical, and technical safeguards requirements in 45 5.F.R. §§
164.308, 164.310, 164.312 and 164.316 as required by § 13401 of the Health
Information Technology Economic and Clinical Health ACT (February 18, 2010)
(“HITECH”), to maintain the security of the PHI and to prevent use or disclosure of
such PHI other than as provided for by this Clause. Business Associate acknowledges
that, pursuant to HITECH, it must comply with the Security Rule and privacy
provisions detailed in this Clause. As such, Business Associate is under the
jurisdiction of the United States Department of Health and Human Services and is
directly liable for its own compliance. A summary of HIPAA Security Rule standards,
found at Appendix A to Subpart C of 45 5.F.R. § 164 is as follows:
Administrative Safeguards

Security Management Process 164.308(a)(1) Risk Analysis (R)
Risk Management (R)
Sanction Policy (R)
Information System Activity Review (R)

Assigned Security Responsibility 164.308(a)(2) (R)
Workforce Security 164.308(a)(3) Authorization and/or Supervision (A)
Workforce Clearance Procedure
Termination Procedures (A)

Information Access Management 164.308(a)(4) Isolating Health care Clearinghouse
Function (R)
Access Authorization (A)
Access Establishment and Modification
(A)

Security Awareness and Training 164.308(a)(5) Security Reminders (A)
Protection from Malicious Software (A)
Log-in Monitoring (A)
Password Management (A)

Security Incident Procedures 164.308(a)(6) Response and Reporting (R)
Contingency Plan 164.308(a)(7 Data Backup Plan (R)
Disaster Recovery Plan (R)
Emergency Mode Operation Plan (R)
Testing and Revision Procedure (A)
Applications and Data Criticality
Analysis (A)

Evaluation 164.308(a)(8) (R)
Business Associate Contracts and
Other
164.308(b)(1) Written Contract or Other Arrangement
(R)
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Arrangement

Physical Safeguards

Facility Access Controls 164.310(a)(1) Contingency Operations (A)
Facility Security Plan (A)
Access Control and Validation
Procedures (A)
Maintenance Records (A)

Workstation Use 164.310(b) (R)
Workstation Security 164.310(c) (R)
Device and Media Controls 164.310(d)(1) Disposal (R)
Media Re-use (R)
Accountability (A)
Data Backup and Storage (A)

Technical Safeguards (see § 164.312)

Access Control 164.312(a)(1) Unique User Identification (R)
Emergency Access Procedure (R)
Automatic Logoff (A)
Encryption and Decryption (A)

Audit Controls 164.312(b) (R)
Integrity 164.312(c)(1) Mechanism to Authenticate Electronic
Protected Health Information (A)

Person or Entity Authentication 164.312(d) (R)
Transmission Security 164.312(e)(1) Integrity Controls (A)
Encryption (A)

b. The Business Associate agrees to name a Privacy and/or Security Officer who is accountable
for developing, maintaining, implementing, overseeing the compliance of and enforcing
compliance with this Clause, the Security Rule and other applicable federal and state privacy
law within the Business Associate’s business. The Business associate reports violations and
conditions to the District-wide Privacy and Security Official and/or the Agency Privacy
Officer of the covered component within the District’s Hybrid Entity.
c. The Business Associate agrees to establish procedures for mitigating, and to mitigate to the
extent practicable, any deleterious effects that are known to the Business Associate of a use or
disclosure of PHI by the Business Associate in violation of the requirements of this Clause.
d. The Business Associate agrees to report to Covered Entity, in writing, any use or disclosure of
the PHI not permitted or required by this HIPAA Compliance Clause or other incident or
condition arising out the Security Rule, including breaches of unsecured PHI as required at 45
CFR §164.410, to the District-wide Privacy and Security Official or agency Privacy Officer
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within ten (10) days from the time the Business Associate becomes aware of such
unauthorized use or disclosure. However, if the Business Associate is an agent of the District
(i.e., performing delegated essential governmental functions), the Business Associate must
report the incident or condition immediately. Upon the determination of an actual data
breach, and in consultation with the District’s Privacy and Security Official, the Business
Associate will handle breach notifications to individuals, the HHS Office for Civil Rights
(OCR), and potentially the media, on behalf of the District.
e. The Business Associate agrees to ensure that any workforce member or any agent, including a
subcontractor, agrees to the same restrictions and conditions that apply through this Clause
with respect to PHI received from the Business Associate, PHI created by the Business
Associate, or PHI received by the Business Associate on behalf of the Covered Entity.
f. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any
subcontractors that create, receive, maintain, or transmit PHI on behalf of the Business
Associate agree to the same restrictions, conditions, and requirements that apply to the
Business Associate with respect to such information
g. Initially, within ten (10) days following the commencement of this Contract, or within ten
(10) days of a new or updated agreement with a subcontractor, the Business Associate agrees
to provide the District a list of all subcontractors who meet the definition of a Business
Associate. Additionally, Business Associate agrees to ensure its subcontractors
understanding of liability and monitor, where applicable, compliance with the Security Rule
and applicable privacy provisions in this Clause.
h. The Business Associate agrees to provide access within five business days, at the request of
the Covered Entity or an Individual, at a mutually agreed upon location, during normal
business hours, and in a format as directed by the District Privacy Official or agency Privacy
Officer, or as otherwise mandated by the Privacy Rule or applicable District of Columbia
laws, rules and regulations, to PHI in a Designated Record Set, to the Covered Entity or an
Individual, to facilitate the District’s compliance with the requirements under 45 5.F.R.
§164.524.
i. The Business Associate agrees to make any amendment(s) within five business days to the
PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45
CFR 164.526 in a format as directed by the District Privacy Official or agency Privacy Officer
in order to facilitate the District’s compliance with the requirements under 45 5.F.R.
§164.526.
j. The Business Associate agrees to use the standard practices of the Covered Entity to verify the
identification and authority of an Individual who requests the PHI in a Designated Record Set
of a recipient of services from or through the Covered Entity. The Business Associate agrees
to comply with the applicable portions of the Identity and Procedure Verification Policy
attached hereto as Exhibit A and incorporated by reference.
k. The Business Associate agrees to record authorizations and log such disclosures of PHI and
information related to such disclosures as would be required for the Covered Entity to respond
to a request by an Individual for an accounting of disclosures of PHI in accordance with 45
5.F.R. § 164.528 and applicable District of Columbia laws, rules and regulations.
l. The Business Associate agrees to provide to the Covered Entity or an Individual, within five
(5) business days of a request at a mutually agreed upon location, during normal business
hours, and in a format designated by the District’s Privacy and Security Official or agency
Privacy Officer and the duly authorized Business Associate workforce member, information
collected in accordance with Paragraph (i) of this Section above, to permit the Covered Entity
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to respond to a request by an Individual for an accounting of disclosures of PHI in accordance
with 45 5.F.R. § 164.528, and applicable District of Columbia laws, rules and regulations.
m. The Business Associate agrees to make internal practices, books, and records, including
policies and procedures, and PHI, relating to the use and disclosure of PHI received from the
Business Associate, or created, or received by the Business Associate on behalf of the
Covered Entity, available to the Covered Entity, or to the Secretary, within five (5) business
days of their request and at a mutually agreed upon location, during normal business
hours, and in a format designated by the District Privacy and Security Official or agency
Privacy Officer and the duly authorized Business Associate workforce member, or in a time
and manner designated by the Secretary, for purposes of the Secretary in determining
compliance of the Covered Entity with the Privacy Rule.
n. To the extent the Business Associate is to carry out one or more of Covered Entity's
obligation(s) under Subpart E of 45 CFR Part 164, the Business Associate agrees to comply
with the requirements of Subpart E that apply to the Covered Entity in the performance of
such obligation(s).
o. As deemed necessary by the District, the Business Associate agrees to the monitoring and
auditing of items listed in paragraph 2 of this Clause, as well as data systems storing or
transmitting PHI, to verify compliance.
p. The Business Associate may aggregate PHI in its possession with the PHI of other Covered
Entities that Business Associate has in its possession through its capacity as a Business
Associate to other Covered Entities provided that the purpose of the aggregation is to provide
the Covered Entity with data analyses to the Health Care Operations of the Covered Entity.
Under no circumstances may the Business Associate disclose PHI of one Covered Entity to
another Covered Entity absent the explicit written authorization and consent of the Privacy
Officer or a duly authorized workforce member of the Covered Entity.
q. Business Associate may de-identify any and all PHI provided that the de-identification
conforms to the requirements of 45 5.F.R. § 164.514(b) and any associated HHS guidance.
Pursuant to 45 5.F.R. § 164.502(d)(2), de-identified information does not constitute PHI and
is not subject to the terms of this HIPAA Compliance Clause.
3. Permitted Uses and Disclosures by the Business Associate
r. Except as otherwise limited in this HIPAA Compliance Clause, the Business Associate may
use or disclose PHI to perform functions, activities, or services for, or on behalf of, the
Covered Entity as specified in the Contract, provided that such use or disclosure would not
violate Subpart E of 45 CFR § 164 if the same activity were performed by the Covered Entity
or would not violate the minimum necessary policies and procedures of the Covered Entity.
s. Except as otherwise limited in this HIPAA Compliance Clause, the Business Associate may
use PHI for the proper management and administration of the Business Associate or to carry
out the legal responsibilities of the Business Associate.
t. Except as otherwise limited in this HIPAA Compliance Clause, the Business Associate may
disclose PHI for the proper management and administration of the Business Associate,
provided that the disclosures are required by law, or the Business Associate obtains
reasonable assurances from the person to whom the information is disclosed that it will
remain confidential and used, or further disclosed, only as required by law, or for the purpose
for which it was disclosed to the person, and the person notifies the Business Associate of any
instances of which it has knowledge that the confidentiality of the information has been
breached.
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u. Except as otherwise limited in this HIPAA Compliance Clause, the Business Associate may
use PHI to provide Data Aggregation services to the Covered Entity as permitted by 45 5.F.R.
§ 164.504(e)(2)(i)(B).
v. Business Associate may use PHI to report violations of the Law to the appropriate federal and
District of Columbia authorities, consistent with 45 5.F.R. § 164.502(j)(1).
1. Additional Obligations of the Business Associate
b. Business Associate shall submit a written report to the Covered Entity that identifies the files
and reports that constitute the Designated Record Set of the Covered Entity. Business
Associate shall submit said written report to the Privacy Officer no later than thirty (30) days
after the commencement of the HIPAA Compliance Clause. In the event that Business
Associate utilizes new files or reports which constitute the Designated Record Set, Business
Associate shall notify the Covered Entity of said event within thirty (30) days of the
commencement of the file’s or report’s usage. The Designated Record Set file shall include,
but not be limited to the identity of the following:
i. Name of the Business Associate of the Covered Entity;
ii. Title of the Report/File;
iii. Confirmation that the Report/File contains Protected Health Information (Yes or No);
iv. Description of the basic content of the Report/File;
v. Format of the Report/File (Electronic or Paper);
vi. Physical location of Report/File;
vii. Name and telephone number of current member(s) of the workforce of the Covered
Entity or other District of Columbia government agency responsible for receiving and
processing requests for Protected Health Information; and
viii. Supporting documents if the recipient/personal representative has access to the
Report/File.

c. Business Associate must provide assurances to the Covered Entity that it will continue to
employ sufficient administrative, technical and physical safeguards, as described under the
Security Rule, to protect and secure the Covered Entity’s ePHI entrusted to it. These
safeguards include:

i. The Business Associate agrees to administrative, physical, and technical safeguards
that reasonably and appropriately protect the confidentiality, integrity, and availability
of the ePHI that the Business Associate creates, receives, maintains or transmits on
behalf of the covered entity.
ii. The Business Associate agrees to report to the Covered Entity any security incident of
which it becomes aware, including any attempts to access ePHI, whether those
attempts were successful or not.
iii. This Business Associate Agreement may be terminated if the Covered Entity
determines that the Business Associate has materially breached the agreement.
iv. The Business Associate agrees to make all policies and procedures, and documents
relating to security, available to the Secretary of HHS for the purposes of determining
the covered entity’s compliance with HIPAA.
v. This agreement continues in force for as long as the Business Associate retains any
access to the Covered Entity’s ePHI.

vi. With respect to the subset of PHI known as ePHI as defined by HIPAA
Security Standards at 45 5.F.R. Parts 160 and 164, subparts A and C (the "Security
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Rule"), if in performing the Services, Business Associate, its employees, agents,
subcontractors and any other individual permitted by Business Associate will have
access to any computer system, network, file, data or software owned by or licensed to
Provider that contains ePHI, or if Business Associate otherwise creates, maintains, or
transmits ePHI on Provider’s behalf, Business Associate shall take reasonable security
measures necessary to protect the security of all such computer systems, networks,
files, data and software. With respect to the security of ePHI, Business Associate
shall: (A) Implement administrative, physical and technical safeguards that reasonably
and appropriately protect the confidentiality, integrity, and availability of the ePHI that
it creates, receives, maintains, or transmits on behalf of the Provider; (B) Ensure that
any agent, including a subcontractor, to whom it provides such information agrees to
implement reasonable and appropriate safeguards to protect it; and (C) Report to the
Provider any security incident of which it becomes aware.

vii. Business Associate agrees not to electronically transmit or permit access to PHI unless
such transmission or access is authorized by this Addendum and the Agreement and
further agrees that it shall only transmit or permit such access if such information is
secured in a manner that is consistent with applicable law, including the Security Rule.
For purposes of this Addendum, “encrypted” shall mean the reversible conversion of
readable information into unreadable, protected form so that only a recipient who has
the appropriate “key” can convert the information back into original readable form. If
the Covered Entity stores, uses or maintains PHI in encrypted form, or in any other
secured form acceptable under the security regulations, Covered Entity shall promptly,
at request, provide with the key or keys to decrypt such information and will
otherwise assure that such PHI is accessible by upon reasonable request.

viii. In the event Business Associate performs functions or activities involving the use or
disclosure of PHI on behalf of Covered Entity that involve the installation or
maintenance of any software (as it functions alone or in combination with any
hardware or other software), Business Associate shall ensure that all such software
complies with all applicable standards and specifications required by the HIPAA
Regulations and shall inform of any software standards or specifications not
compliant with the HIPAA Regulations.

d. At the request of the Covered Entity, the Business Associate agrees to amend this agreement
to comply with all HIPAA mandates.

5. Sanctions

Business Associate agrees that its workforce members, agents and subcontractors who violate
the provisions of HIPAA or other applicable federal or state privacy law will be subject to
discipline in accordance with Business Associate’s Personnel Policy and applicable collective
bargaining agreements. Business Associate agrees to impose sanctions consistent with
Business Associate’s personnel policies and procedures and applicable collective bargaining
agreements with respect to persons employed by it. Members of the Business Associate
Workforce who are not employed by Business Associate are subject to the policies and
applicable sanctions for violation of this Compliance Clause as set forth in business associate
agreements. In the event Business Associate imposes sanctions against any member of its
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workforce, agents and subcontractors for violation of the provisions of HIPAA or other
applicable federal or state privacy laws, the Business Associate shall inform the District
Privacy Official or the agency Privacy Officer of the imposition of sanctions.

6. Obligations of the Covered Entity
a. The Covered Entity shall notify the Business Associate of any limitation(s) in its Notice of
Privacy Practices of the Covered Entity in accordance with 45 5.F.R. § 164.520, to the extent
that such limitation may affect the use or disclosure of PHI by the Business Associate.
b. The Covered Entity shall notify the Business Associate of any changes in, or revocation of,
permission by the Individual to the use or disclosure of PHI, to the extent that such changes
may affect the use or disclosure of PHI by the Business Associate.
c. The Covered Entity shall notify the Business Associate of any restriction to the use or
disclosure of PHI that the Covered Entity has agreed to in accordance with 45 5.F.R. §
164.522, to the extent that such restriction may affect the use or disclosure of PHI by the
Business Associate.

7. Permissible Requests by Covered Entity
Covered Entity shall not request the Business Associate to use or disclose PHI in any manner
that would not be permissible under the Privacy Rule and Subpart E of 45 CFR § 164 if done
by the Covered Entity.

8. Representations and Warranties.
The Business Associate represents and warrants to the Covered Entity:

a. That it is duly organized, validly existing, and in good standing under the laws of the
jurisdiction in which it is organized or licensed, it has the full power to enter into this HIPAA
Compliance Clause and it, its employees, agents, subcontractors, representatives and members
of its workforce are licensed and in good standing with the applicable agency, board, or
governing body to perform its obligations hereunder, and that the performance by it of its
obligations under this HIPAA Compliance Clause has been duly authorized by all necessary
corporate or other actions and will not violate any provision of any license, corporate charter
or bylaws;
b. That it, its employees, agents, subcontractors, representatives and members of its workforce
are in good standing with the District of Columbia, that it, its employees, agents,
subcontractors, representatives and members of its workforce will submit a letter of good
standing from the District of Columbia, and that it, its employees, agents, subcontractors,
representatives and members of its workforce have not been de-barred from being employed
as a contractor by the federal government or District of Columbia;
c. That neither the execution of this HIPAA Compliance Clause, nor its performance hereunder,
will directly or indirectly violate or interfere with the terms of another agreement to which it
is a party, or give any governmental entity the right to suspend, terminate, or modify any of its
governmental authorizations or assets required for its performance hereunder. The Business
Associate represents and warrants to the Covered Entity that it will not enter into any
agreement the execution or performance of which would violate or interfere with this HIPAA
Compliance Clause;
d. That it is not currently the subject of a voluntary or involuntary petition in bankruptcy, does
not currently contemplate filing any such voluntary petition, and is not aware of any claim for
the filing of an involuntary petition;
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e. That all of its employees, agents, subcontractors, representatives and members of its
workforce, whose services may be used to fulfill obligations under this HIPAA Compliance
Clause are or shall be appropriately informed of the terms of this HIPAA Compliance Clause
and are under legal obligation to the Business Associate, by contract or otherwise, sufficient
to enable the Business Associate to fully comply with all provisions of this HIPAA
Compliance Clause. Modifications or limitations that the Covered Entity has agreed to adhere
to with regards to the use and disclosure of PHI of any individual that materially affects or
limits the uses and disclosures that are otherwise permitted under the Privacy Rule will be
communicated to the Business Associate, in writing, and in a timely fashion;
f. That it will reasonably cooperate with the Covered Entity in the performance of the mutual
obligations under this Contract;
g. That neither the Business Associate, nor its shareholders, members, directors, officers, agents,
subcontractors, employees or members of its workforce have been excluded or served a notice
of exclusion or have been served with a notice of proposed exclusion, or have committed any
acts which are cause for exclusion, from participation in, or had any sanctions, or civil or
criminal penalties imposed under, any federal or District healthcare program, including but
not limited to Medicare or Medicaid, or have been convicted, under federal or District law
(including without limitation following a plea of nolo contendere or participation in a first
offender deferred adjudication or other arrangement whereby a judgment of conviction has
been withheld), of a criminal offense related to (a) the neglect or abuse of a patient, (b) the
delivery of an item or service, including the performance of management or administrative
services related to the delivery of an item or service, under a federal or District healthcare
program, (c) fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial
misconduct in connection with the delivery of a healthcare item or service or with respect to
any act or omission in any program operated by or financed in whole or in part by any federal,
District or local government agency, (d) the unlawful, manufacture, distribution, prescription
or dispensing of a controlled substance, or (e) interference with or obstruction of any
investigation into any criminal offense described in (a) through (d) above. The Business
Associate further agrees to notify the Covered Entity immediately after the Business
Associate becomes aware that any of the foregoing representations and warranties may be
inaccurate or may become incorrect
9. Term and Termination
a. Term. The requirements of this HIPAA Compliance Clause shall be effective as of the date of
the contract award, and shall terminate when all of the PHI provided by the Covered Entity to
the Business Associate, or created or received by the Business Associate on behalf of the
Covered Entity, is confidentially destroyed or returned to the Covered Entity within five (5)
business days of its request. The PHI shall be returned in a format mutually agreed upon by
and between the Privacy Official and/or Privacy Officer or his or her designee and the
appropriate and duly authorized workforce member of the Business Associate.; If it is
infeasible to return or confidentially destroy the PHI, protections shall be extended to such
information, in accordance with the termination provisions in this Section and communicated
to the Privacy Official or Privacy Officer or his or her designee. The requirement to return
PHI to the District at the end of the contract term or if the contract is terminated applies
irrespective of whether the Business Associate is also a covered entity under HIPAA. Where
a business associate is also a covered entity, PHI provided by the District, or created or
received by the Business Associate on behalf of the District, a duplicate of the record may be
acceptable if mutually agreed.
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b. Termination for Cause. Upon the Covered Entity's knowledge of a material breach of this
HIPAA Compliance Clause by the Business Associate, the Covered Entity shall either:
i. Provide an opportunity for the Business Associate to cure the breach or end the
violation and terminate the Contract if the Business Associate does not cure the breach
or end the violation within the time specified by the Covered Entity; or
ii. Immediately terminate the Contract if the Business Associate breaches a material term
of this HIPAA Compliance Clause and a cure is not possible.
If neither termination nor cure is feasible, the Covered Entity shall report the violation to the Secretary.
c. Effect of Termination.
i. Except as provided in paragraph (ii) of this section, upon termination of the Contract,
for any reason, the Business Associate shall return in a mutually agreed upon format
or confidentially destroy all PHI received from the Covered Entity, or created or
received by the Business Associate on behalf of the Covered Entity within five (5)
business days of termination. This provision shall apply to PHI that is in the
possession of all subcontractors, agents or workforce members of the Business
Associate. The Business Associate shall retain no copies of PHI in any form.
ii. In the event that the Business Associate determines that returning or destroying the
PHI is infeasible, the Business Associate shall provide written notification to the
Covered Entity of the conditions that make the return or confidential destruction
infeasible. Upon determination by the agency Privacy Officer that the return or
confidential destruction of the PHI is infeasible, the Business Associate shall extend
the protections of this HIPAA Compliance Clause to such PHI and limit further uses
and disclosures of such PHI for so long as the Business Associate maintains such PHI.
Additionally, the Business Associate shall:
(1) Retain only that PHI which is necessary for Business Associate to continue its proper
management and administration or to carry out its legal responsibilities;
(2) Return to covered entity, or, if agreed to by covered entity, destroy the remaining PHI
that the business associate still maintains in any form;
(3) Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164
with respect to ePHI to prevent use or disclosure of the PHI, other than as provided for
in this Section, for as long as Business Associate retains the PHI;
(4) Not use or disclose the PHI retained by Business Associate other than for the purposes
for which such PHI was retained and subject to the same conditions set out at 45 5.F.R.
§ 164.502(j)(1) which applied prior to termination; and
(5) Return to covered entity or, if agreed to by covered entity, destroy the PHI retained by
Business Associate when it is no longer needed by Business Associate for its proper
management and administration or to carry out its legal responsibilities.

The obligations outlined in Section 2. Obligations and Activities of Business Associate shall
survive the termination of this Contract.

10. Miscellaneous
a. Regulatory References. A reference in this HIPAA Compliance Clause to a section in the
Privacy Rule means the section as in effect or as amended.
b. Amendment. The Parties agree to take such action as is necessary to amend this HIPAA
Compliance Clause from time to time as is necessary for the Covered Entity to comply with
the requirements of the Privacy Rule and HIPAA. Except for provisions required by law as
defined herein, no provision hereof shall be deemed waived unless in writing and signed by
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duly authorized representatives of the Parties. A waiver with respect to one event shall not be
construed as continuing, or as a bar to or waiver of any other right or remedy under this
HIPAA Compliance Clause.
c. Survival. The respective rights and obligations of the Business Associate under Section 9.
Term and Termination of this HIPAA Compliance Clause and the sections of the Standard
Contract Provisions for use with the District of Columbia Government Supply and Services
Contracts covering Default and Termination for the Convenience of the District shall survive
termination of the Contract.
d. Interpretation. Any ambiguity in this HIPAA Compliance Clause shall be resolved to permit
compliance with applicable federal and District of Columbia laws, rules and regulations, and
the HIPAA Rules, and any requirements, rulings, interpretations, procedures, or other actions
related thereto that are promulgated, issued or taken by or on behalf of the Secretary; provided
that applicable federal and District of Columbia laws, rules and regulations shall supersede the
Privacy Rule if, and to the extent that they impose additional requirements, have requirements
that are more stringent than or provide greater protection of patient privacy or the security or
safeguarding of PHI than those of the HIPAA Rules.

The terms of this HIPAA Compliance Clause amend and supplement the terms of the
Contract, and whenever possible, all terms and conditions in this HIPAA Compliance Clause
are to be harmonized. In the event of a conflict between the terms of the HIPAA Compliance
Clause and the terms of the Contract, the terms of this HIPAA Compliance Clause shall
control; provided, however, that this HIPAA Compliance Clause shall not supersede any other
federal or District of Columbia law or regulation governing the legal relationship of the
Parties, or the confidentiality of records or information, except to the extent that the Privacy
Rule preempts those laws or regulations. In the event of any conflict between the provisions
of the Contract (as amended by this HIPAA Compliance Clause) and the Privacy Rule, the
Privacy Rule shall control.

e. No Third-Party Beneficiaries. The Covered Entity and the Business Associate are the only
parties to this HIPAA Compliance Clause and are the only parties entitled to enforce its terms.
Except for the rights of individuals, as defined herein, to have access to and amend their PHI,
and to an accounting of the uses and disclosures thereof, in accordance with Paragraphs (2)(f),
(g) and (j), nothing in the HIPAA Compliance Clause gives, is intended to give,, or shall be
construed to give or provide any benefit or right, whether directly, indirectly, or otherwise, to
third persons.
f. Compliance with Applicable Law. The Business Associate shall comply with all federal and
District of Columbia laws, regulations, executive orders and ordinances, as they may be
amended from time to time during the term of this HIPAA Compliance Clause and the
Contract; to the extent they are applicable to this HIPAA Compliance Clause and the
Contract.
g. Governing Law and Forum Selection. This Contract shall be construed broadly to
implement and comply with the requirements relating to the Privacy Rule, and other
applicable laws and regulations. All other aspects of this Contract shall be governed under the
laws of the District of Columbia. The Covered Entity and the Business Associate agree that
all disputes which cannot be amicably resolved by the Covered Entity and the Business
Associate regarding this HIPAA Compliance Clause shall be litigated before the District of
Columbia Contract Appeals Board, the District of Columbia Court of Appeals, or the United
States District Court for the District of Columbia having jurisdiction, as the case may be. The
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Covered Entity and the Business Associate expressly waive any and all rights to initiate
litigation, arbitration, mediation, negotiations and/or similar proceedings outside the physical
boundaries of the District of Columbia and expressly consent to the jurisdiction of the above
tribunals.

h. Indemnification. The Business Associate shall indemnify, hold harmless and defend the
Covered Entity from and against any and all claims, losses, liabilities, costs, and other
expenses incurred as a result or arising directly or indirectly out of or in connection with (a)
any misrepresentation, breach of warranty or non-fulfillment of any undertaking of the
Business Associate under this HIPAA Compliance Clause; and (b) any claims, demands,
awards, judgments, actions and proceedings made by any person or organization, arising out
of or in any way connected with the performance of the Business Associate under this HIPAA
Compliance Clause.
i. Injunctive Relief. Notwithstanding any rights or remedies under this HIPAA Compliance
Clause or provided by law, the Covered Entity retains all rights to seek injunctive relief to
prevent or stop the unauthorized use or disclosure of PHI by the Business Associate, its
workforce, any of its subcontractors, agents, or any third party who has received PHI from the
Business Associate.
j. Assistance in litigation or administrative proceedings. The Business Associate shall make
itself and any agents, affiliates, subsidiaries, subcontractors or its workforce assisting the
Business Associate in the fulfillment of its obligations under this HIPAA Compliance Clause
and the Contract, available to the Covered Entity, to testify as witnesses, or otherwise, in the
event of litigation or administrative proceedings being commenced against the Covered
Entity, its directors, officers or employees based upon claimed violation of HIPAA, the
Privacy Rule or other laws relating to security and privacy, except where the Business
Associate or its agents, affiliates, subsidiaries, subcontractors or its workforce are a named
adverse party.
k. Notices. Any notices between the Parties or notices to be given under this HIPAA
Compliance Clause shall be given in writing and delivered by personal courier delivery or
overnight courier delivery, or by certified mail with return receipt requested, to the Business
Associate or to the Covered Entity, to the addresses given for each Party below or to the
address either Party hereafter gives to the other Party. Any notice, being addressed and
mailed in the foregoing manner, shall be deemed given five (5) business days after mailing.
Any notice delivered by personal courier delivery or overnight courier delivery shall be
deemed given upon notice upon receipt.

If to the Business Associate, to If to the Covered Entity, to
________________________ Child and Family Services
Attention: ________________ Dionne Bryant, Privacy Officer
Email: _____________________ Washington, D.C. 20003
Dionne Bryant@dc.gov

l. Headings. Headings are for convenience only and form no part of this HIPAA Compliance
Clause and shall not affect its interpretation.
m. Counterparts; Facsimiles. This HIPAA Compliance Clause may be executed in any number
of counterparts, each of which shall be deemed an original. Facsimile copies hereof shall be
deemed to be originals.
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n. Successors and Assigns. The provisions of this HIPAA Compliance Clause shall be binding
upon and shall inure to the benefit of the Parties hereto and their respective successors and
permitted assigns, if any.
o. Severance. In the event that any provision of this HIPAA Compliance Clause is held by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions
of this HIPAA Compliance Clause will remain in full force and effect. In addition, in the
event a Party believes in good faith that any provision of this HIPAA Compliance Clause fails
to comply with the then-current requirements of the Privacy Rule, such party shall notify the
other Party in writing, in the manner set forth in Section 10. Miscellaneous, Paragraph k.
Notices. Within ten (10) business days from receipt of notice, the Parties shall address in
good faith such concern and amend the terms of this HIPAA Compliance Clause, if necessary,
to bring it into compliance. If, after thirty (30) days, the HIPAA Compliance Clause fails to
comply with the Privacy Rule, then either Party has the right to terminate this HIPAA
Compliance Clause upon written notice to the other Party.
p. Independent Contractor. The Business Associate will function as an independent contractor
and shall not be considered an employee of the Covered Entity for any purpose. Nothing in
this HIPAA Compliance Clause shall be interpreted as authorizing the Business Associate
workforce, its subcontractor(s) or its agent(s) or employee(s) to act as an agent or
representative for or on behalf of the Covered Entity.
q. Entire Agreement. This HIPAA Compliance Clause, as may be amended from time to time
pursuant to Section 10. Miscellaneous, Paragraph b. Amendment, which incorporates by
reference the Contract, and specific procedures from the District of Columbia Department of
Health Privacy Policy Operations Manual, constitutes the entire agreement and understanding
between the Parties and supersedes all prior oral and written agreements and understandings
between them with respect to applicable District of Columbia and federal laws, rules and
regulations, HIPAA and the Privacy Rule, and any rules, regulations, requirements, rulings,
interpretations, procedures, or other actions related thereto that are promulgated, issued or
taken by or on behalf of the Secretary.
Attachments:

Exhibit A Identity and Procedure Verification

H.12 CRIMINAL BACKGROUND AND TRAFFIC RECORDS CHECKS FOR
CONTRACTORS THAT PROVIDE DIRECT SERVICES TO CHILDREN OR
YOUTH

H.12.1 A contractor that provides services as a covered child or youth services provider, as defined in
section 202(3) of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004,
effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code § 4-1501.01 et seq.), as
amended (in this section, the “Act”), shall obtain criminal history records to investigate
persons applying for employment, in either a compensated or an unsupervised volunteer
position, as well as its current employees and unsupervised volunteers. The Contractor shall
request criminal background checks for the following positions: any position that may have
direct or unsupervised contact with any CFSA children or youth.

For example,

Case Manager
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Social Worker
Clinical Director
Home monitor

H.12.2 The Contractor shall also obtain traffic records to investigate persons applying for
employment, as well as current employees and volunteers, when that person will be required
to drive a motor vehicle to transport children in the course of performing his or her duties. The
Contractor shall request traffic records for the following positions: any position that may
have direct or unsupervised contact with any CFSA children or youth.

H.12.3 The Contractor shall inform all applicants requiring a criminal background check that a
criminal background check must be conducted on the applicant before the applicant may be
offered a compensated position or an unsupervised volunteer position.

H.12.4 The Contractor shall inform all applicants requiring a traffic records check that a traffic
records check must be conducted on the applicant before the applicant may be offered a
compensated position or a volunteer position.

H.12.5 The Contractor shall obtain from each applicant, employee and unsupervised volunteer:

1) a written authorization which authorizes the District to conduct a criminal background
check;
2) a written confirmation stating that the Contractor has informed him or her that the District is
authorized to conduct a criminal background check;
3) a signed affirmation stating whether or not they have been convicted of a crime, pleaded
nolo contendere, are on probation before judgment or placement of a case upon a stet
docket, or have been found not guilty by reason of insanity, for any sexual offenses or intra-
family offenses in the District or their equivalent in any other state or territory, or for any of
the following felony offenses or their equivalent in any other state or territory:

i. Murder, attempted murder, manslaughter, or arson;
ii. Assault, assault with a dangerous weapon, mayhem, malicious disfigurement, or
threats to do bodily harm;
iii. Burglary;
iv. Robbery;
v. Kidnapping;
vi. Illegal use or possession of a firearm;
vii. Sexual offenses, including indecent exposure; promoting, procuring, compelling,
soliciting, or engaging in prostitution; corrupting minors (sexual relations with
children); molesting; voyeurism; committing sex acts in public; incest; rape; sexual
assault; sexual battery; or sexual abuse; but excluding sodomy between consenting
adults;
viii. Child abuse or cruelty to children; or
ix. Unlawful distribution of or possession with intent to distribute a controlled substance;

4) a written acknowledgement stating that the Contractor has notified them that they are
entitled to receive a copy of the criminal background check and to challenge the accuracy
and completeness of the report; and
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5) a written acknowledgement stating that the Contractor has notified them that they may be
denied employment or a volunteer position, or may be terminated as an employee or
volunteer based on the results of the criminal background check.

H.12.6 The Contractor shall inform each applicant, employee and unsupervised volunteer that a false
statement may subject them to criminal penalties.

H.12.7 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 H.11.5(C);

C. To acknowledge that the applicant, employee, or unsupervised volunteer has been notified
of his or her right to obtain a copy of the criminal background check report and to challenge
the accuracy and completeness of the report;

D. To acknowledge that the applicant may be denied employment, assignment to, or an
unsupervised volunteer position for which a criminal background check is required based on
the outcome of the criminal background check; and

E. To inform the applicant or employee that a false statement on the form or forms may subject
them to criminal penalties pursuant to D.C. Official Code §22-2405.

H.12.8 The Contractor shall direct the applicant or employee to complete the form or forms and
notify the applicant or employee when and where to report to be fingerprinted.

H.12.9 Unless otherwise provided herein, the Contractor shall request criminal background checks
from the Chief, MPD (or designee), who shall be responsible for conducting criminal
background checks, including fingerprinting.

H.12.10 The Contractor shall request traffic record checks from the Director, Department of Motor
Vehicles DMV) (or designee), who shall be responsible for conducting traffic record checks.

H.12.11 The Contractor shall provide copies of all criminal background and traffic check reports to the
CA within one business day of receipt.

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H.12.12 The Contractor shall pay for the costs for the criminal background and traffic record checks,
pursuant to the requirements set forth by the MPD and DMV. The District shall not make any
separate payment for the cost of criminal background and traffic record checks.

H.12.13 The Contractor may make an offer of appointment to, or assign a current employee or
applicant to, a compensated position contingent upon receipt from the CO of the CA’s
decision after his or her assessment of the criminal background or traffic record check.

H.12.14 The Contractor may not make an offer of appointment to an unsupervised volunteer whose
position brings him or her into direct contact with children until it receives from the
contracting officer the CA’s decision after his or her assessment of the criminal background or
traffic record check.

H.12.15 The Contractor shall not employ or permit to serve as an unsupervised volunteer an applicant
or employee who has been convicted of, has pleaded nolo contendere to, is on probation
before judgment or placement of a case on the stet docket because of, or has been found not
guilty by reason of insanity for any sexual offenses involving a minor.

H.12.16 Unless otherwise specified herein, the Contractor shall conduct periodic criminal background
checks upon the exercise of each option year of this contract for current employees and
unsupervised volunteer in the positions listed in sections H.11.1 and H.11.2.

H.12.17 An employee or unsupervised volunteer may be subject to administrative action including, but
not limited to, reassignment or termination at the discretion of the CA after his or her
assessment of a criminal background or traffic record check.

H.12.18 The CA shall be solely responsible for assessing the information obtained from each criminal
background and traffic records check report to determine whether a final offer may be made to
each applicant or employee. The CA shall inform the CO of its decision, and the CO shall
inform the Contractor whether an offer may be made to each applicant.

H.12.19 If any application is denied because the CA determines that the applicant presents a present
danger to children or youth, the Contractor shall notify the applicant of such determination
and inform the applicant in writing that she or he may appeal the denial to the Commission on
Human Rights within thirty (30) days of the determination.

H.12.20 Criminal background and traffic record check reports obtained under this section shall be
confidential and are for the exclusive use of making employment-related determinations. The
Contractor shall not release or otherwise disclose the reports to any person, except as directed
by the CO.

H.13 STAFF CLEARANCES

H.13.1 The Contractor shall ensure that all staff, sub-contractors, and or volunteers have been cleared
through the Child Protection Registry where they have resided, been employed or had
significant contact with for the past ten years. Child Protective Registry (CPR) clearances
must be updated annually.

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H.13.2 The Contractor shall ensure that all staff, sub-contractors, and or volunteers have been cleared
through the Federal Bureau of Investigation and the Local Police Department (s) in the
jurisdiction in which they have resided for the five (5) years prior to the employment under
this contract.

H.13.3 The contractor shall ensure that all direct staff including but not limited to consultants do not
have any prior criminal record of convictions for child abuse, neglect, molestation, rape,
sexual abuse, drug usage, drug involvement, felony conviction, or any crime pertaining to
children. Anyone found to have such conviction shall be terminated immediately.
Certification of such action is to be provided to the Agency within five (5) days

H.13.4 Within thirty (30) days of contract award and whenever new staff or volunteers are recruited,
the Contractor shall submit to the CA a copy of their Criminal and Child Protection Registry
Clearance to ensure that staff do not possess any neglect abuse or criminal history.

H.13.5 Within thirty (30) days of contract award and whenever new staff or volunteers are recruited,
the Contractor shall submit to the CA a copy of the current health certificates for each person
to establish the absence of any communicable diseases.

H.14 RECORD MAINTENANCE

H.14.1 The Contractor shall maintain written job descriptions covering all positions funded under the
contract, as well as for those occupied by sub-contractors and volunteers. The job
descriptions will include education, experience, and/or licensing/certification criteria,
description of duties and responsibilities and performance evaluation criteria. Such
documentation must be maintained at all times and be available for inspection by CFSA
officials upon request.

H.14.2 The Contractor shall maintain a current organization chart for all functions funded under the
Contract, which displays organizational relationships and demonstrates who has the
responsibility for administrative oversight and program supervision. Such documentation
must be maintained at all times and be available for inspection by CFSA officials upon
request.

H.15 INDEMNIFICATION

Standard Contract Provisions for use with District of Columbia Government Supplies and
Services Contracts dated July 2010 is hereby amended by adding the following:

The duty to indemnify covers any claim against the District and its employees for its alleged
failure to monitor and/or supervise the contractor where the underlying claim arises from
the conduct, actions and/or omissions of the contractor, and its officers, employees,
subcontractors and/or agents.

H.16 SEXUAL HARASSMENT

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During the performance of this contract, the Contractor and any of its subcontractors shall
abide by the District of Columbia Human Rights Act including its prohibitions on sexual
harassment, consistent with 4 DCMR 1100 et seq.

H.17 ECONOMIC PRICE ADJUSTMENT

H.17.1 The Contractor shall submit a single price for the contract base period. The District will adjust
the unit prices upward as appropriate. Adjustments shall only be made annually at the time of
the exercise of the options. The CPI will be calculated from date of award through 12 months.
However, since the CPI is on a delay, the Option will be exercised at the current prices and
adjusted when the 12-month CPI is available. The CPI will be applied to schedule 1 only.
This will result in a corresponding increase in schedule 2. The remainder of the costs in
schedules 3 through 11 will be negotiated on a schedule-by-schedule basis for each option
year based on CFSA reconciled and certified expenditures during the preceding 12 months of
the contract term. The total costs for schedules 3 through 11 shall not exceed the negotiated
costs at time of award.
H.17.2 The District shall use the most current data available for the Consumer Price Index for all
Urban Consumers (CPI-U) U.S. city average, not seasonally adjusted.
H.17.2.1 CPIs do not correspond to a specific day, week or month but are for a single month and there
is about a two-week lag from the reference month to the date on which the index is released
(that is, the CPI for May is released in mid-June).
H.17.3 The following formula and index shall be used to determine the level of adjustment to the
current contract price. The unit bid price at the date of contract award shall be the reference
period from which changes in the CPI-U will be measured. The revised unit bid price shall be
calculated as follows:
H.17.3.1 Consumer Price Index at time of adjustment, divided by the CPI-U, all items category at time
of contract award, multiplied by the unit price will equal the adjusted unit price.
H.17.3.2 The increased contract unit price shall be effective on the effective date of the option term.
H.17.3.3 The Contracting Officer shall modify this contract:
(1) to include the price adjustment and its effective date and
(2) to revise the unit prices
H.17.3.4 Any price adjustment under this clause is subject to the following limitations:
(1) Any adjustment shall be limited to the effect on unit prices of the increases in the unit
prices as shown in the Price Schedule.
(2) The aggregate of the increases in any budgeted contract line-item price made under this
clause shall not exceed 3 percent of the original unit price. There will be no downward
adjustments if the CPI is in the negative during a 12-month period.
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H.17.3.5 The Contracting Officer may examine the Contractor’s books, records, and other supporting
data relevant to the cost of labor (including fringe benefits) and material during all reasonable
times until the end of 3 years after the date of final payment under this contract.

H.18 DIVERSION, REASSIGNMENT AND REPLACEMENT OF KEY PERSONNEL

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

H.19 USE OF DISTRICT FUNDS

H.19.1 A contractor or provider may not use government funds to support or engage in inherently
religious activities, including religious worship, instruction, or proselytization. A contractor or
provider or its staff providing government-funded services may not in the provision of such
services, including in the screening or acceptance of participants in the government-funded
services, promote, endorse or favor religious beliefs over nonreligious beliefs, disparage
religious beliefs or non-beliefs, express judgment regarding religious beliefs or non-beliefs, or
seek to influence the beliefs of those receiving services. Faith-based contractors and providers
must take steps to separate, in time or location, their inherently religious activities from the
government-funded services that they offer. Faith-based contractors and providers shall not
coerce participants or subject participants to any consequences for not participating in any
religious or faith-based programs offered by a contractor or provider.

H.20 UNEMPLOYED ANTI-DISCRIMINATION

H.20.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C.
Official Code § 32-1361 et seq.

H.20.2 The Contractor shall not:

(a) Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an
employee because of the individual's status as unemployed; or

(b) Publish, in print, on the Internet, or in any other medium, an advertisement or
announcement for any vacancy in a job for employment that includes:

(1) Any provision stating or indicating that an individual's status as unemployed disqualifies
the individual for the job; or

(2) Any provision stating or indicating that an employment agency will not consider or hire an
individual for employment based on that individual's status as unemployed.

H.20.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties as
described in the Act.
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H.21 AUDITS AND RECORDS

H.21.1 Records. As used in this clause, “records” includes books, documents, accounting procedures
and practices, and other data, regardless of type and regardless of whether such items are in
written form, in the form of computer data, or in any other form.

H.21.2 Examination of Costs: If this is a cost-reimbursement, incentive, time-and-materials, labor-
hour, or price re-determinable contract, or any combination of these, the Contractor shall
maintain and the Contracting Officer, or an authorized representative of the Contracting
Officer, shall have the right to examine and audit all records and other evidence sufficient to
reflect properly all costs claimed to have been incurred or anticipated to be incurred directly
or indirectly in performance of this contract. This right of examination shall include
inspection at all reasonable times of the Contractor’s plants, or parts of them, engaged in
performing the contract.

H.21.3 Cost or Pricing Data: The Contractor shall submit cost or pricing data in connection with
any pricing action relating to this contract, the Contracting Officer, or an authorized
representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and
currency of the cost or pricing data, shall have the right to examine and audit all of the
Contractor’s records, including computations and projections, related to:

a. The statement of qualifications for the contract, subcontract, or modification;
b. The discussions conducted on the statement of qualifications, including those
related to negotiating;
c. Pricing of the contract, subcontract, or modification; or
d. Performance of the contract, subcontract or modification.

H.21.4 Comptroller General

H.21.4.1 The Comptroller General of the United States, or an authorized representative, shall have
access to and the right to examine any of the Contractor’s directly pertinent records involving
transactions related to this contract or a subcontract hereunder.

H.21.4.2 This paragraph may not be construed to require the Contractor or subcontractor to create or
maintain any record that the Contractor or subcontractor does not maintain in the ordinary
course of business or pursuant to a provision of law

H.21.4.3 Reports: If the Contractor is required to furnish cost, funding, or performance reports, the
Contracting Officer or an authorized representative of the Contracting Officer shall have the
right to examine and audit the supporting records and materials, for the purpose of evaluating:

a. The effectiveness of the Contractor’s policies and procedures to produce data
compatible with the objectives of these reports; and
b. The data reported

H.21.4.4 Availability: The Contractor shall make available at its office at all reasonable times the
records, materials, and other evidence described in clauses H.21.1 – H.21.4.3, for
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examination, audit, or reproduction, until three (3) years after final payment under this
contract or for any shorter period specified in the solicitation, or for any longer period
required by statute or by other clauses of this contract. In addition:

If this contract is completely or partially terminated, the Contractor shall make available the
records relating to the work terminated until 3 years after any resulting final termination
settlement; and

The Contractor shall make available records relating to appeals under the Disputes clause or
to litigation or the settlement of claims arising under or relating to this contract until such
appeals, litigation, or claims are finally resolved

H.21.4.5 The Contractor shall insert a clause containing all the terms of this clause, including this
section H.21.4.5, in all subcontracts under this contract that exceed the small purchase
threshold of $100,000, and:

a. That is cost-reimbursement, incentive, time-and-materials, labor-hour, or price re-
determinable type or any combination of these;
b. For which cost, or pricing data are required; or
c. That requires the subcontractor to furnish reports described in H.21.4.3

H.22 MANDATORY, UNUSUAL, AND MAJOR INCIDENT REPORTING

H.22.1 MANDATORY INCIDENTS

H.22.1.1 The Provider shall report any alleged child abuse, neglect or other risk to residents’ health and
safety to the CFSA Hotline (202-671-SAFE).

H.22.1.2 The Provider shall follow the procedures and requirements outlined in 29 DCMR Chapter 60
licensing regulations for of unusual incidents, abuse, neglect or other risks to the
foster child’s health or safety and in accordance with CFSA policy on unusual incidents and
critical events.

H.22.2 UNUSUAL INCIDENTS

H.22.2.1 The Contractor shall file an unusual incident report any time the client and/or staff has
engaged in the event that is significantly distinct from normal routine or procedure of the
Client, the program, the staff, or any person relevant to the resident.

H.22.2.2 The Contractor shall file an unusual incident report by fax or e-mail, as CFSA may direct,
to the CFSA hotline, social worker, supervisory social worker and program manager of the
Division. The facility must report any alleged child abuse, neglect or other risk to residents'
health and safety to the CFSA hotline.

H.22.2.3 The Contractor shall notify the Contract Administrator of the occurrences of any unusual
incident shall be emailed or faxed to the CA within 24 hours of occurrence, as follows:

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H.22.2.3.1 The initial report of the unusual incident must be telefaxed to the within twenty-four (24)
hours of the occurrence of the unusual incident

H.22.2.3.2 The date, time, place, person(s) involved, and a brief description of the incident shall be
included in the initial report.

H.22.2.3.3 A full written report of the unusual incident addressing steps taken to resolve the problem
shall be forwarded to the Contract Administrator (CA) within five (5) days of occurrence of
the unusual incident.

H.22.3 MAJOR INCIDENTS

H.22.3.1 The Contractor shall file a major incident report any time the client and/or staff has
engaged in the event raises immediate concerns from the determination of the provider agency
regarding the health and safety of any consumer, or employee. A form and training will be
provided thirty days after the award of the contract.

H.22.3.2 The Contractor shall file a follow-up major incident report within 10 days of a major
incident.

H.23 COLLABORATION WITH CFSA

H.23.1 The Contractor shall be responsible for developing and maintaining a cooperative partnership
with the staff of CFSA to ensure the planning and service provision is a cooperative process.

H.23.2 The Contractor shall accept referrals for placement from CFSA’s Kinship and Placement
Administration or designee. CFSA wards may not be referred by any other source. The
Contractor's acceptance of referrals from any other source may be a basis for Termination for
Default and may result in non-payment for services rendered.

H.23.3 The Contractor shall ensure staff will be provided guidance and supervision, policies and
protocols, and shall collaborate with CFSA staff and remain in compliance with existing
CFSA policies and procedures. These areas shall include, but not be limited to the following:

H.23.3.1 The implementation of services and. programs for wards;
H.23.3.2 The referral, placement, and discharge of wards;
H.23.3.3 Court and administrative reviews;
H.23.3.4 The development and updating of case plans, service plans and ITPs; and
H.23.3.5 Permanency planning for children.

H.24 TRANSITION PERIOD

H.24.1 In the event of either termination or expiration of this contract, the Contractor shall assist the
Agency in the smooth and orderly transition of the children in its care to a new contractor.
This time shall be identified as the Transition Period.

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H.24.2 The CFSA Contract Administrator will provide the Contractor, no later than (60) days prior to
the start of the transition period, a Transition Plan, which at a minimum, lists all children to be
moved with anticipated moving dates.

H.24.3 During the Transition Period, the Contractor shall cooperate with the Contract Administrator
to ensure that all children and families continue to receive the services enumerated in this
contract.

H.24.4 The Contractor shall continue to provide the services as described in this contract during the
Transition period. The Contractor shall continue to follow the billing procedures outlined in
Section G of this contract.

H.24.5 The Transition Period shall be no more sixty-one (61) days from either the termination date of
services or the expiration date of the contract. If the Transition Period is utilized due to the
expiration of the contract, the Contractor is to submit the final invoice within 30 days of the
contract expiration date.

H.25 Staff Security Requirements

H.25.1 The Contractor shall conduct routine, pre-employment child protection and criminal record
background checks of the Contractor’s staff and prospective staff to include consultants and
sub-contracts with access to children. All staff, employees, consultants and sub-contractors
must be cleared through the Child Protection Register and the Police Department of the
jurisdiction(s) in which the staff member resided during the five years prior to employment
under this contract, as well as cleared through the District of Columbia Metropolitan Police
Department, and the jurisdiction in which they will be providing services. The Contractor
must ensure that employees, consultants and subcontractors obtain FBI and local police
clearances every two (2) years, and a Child Protection Registry clearance on an annual basis.

H.25.2 The Contractor shall not employ any staff in the fulfillment of work under this contract, unless
said person has undergone background checks evidencing there are not any convictions of the
following:

a. Child abuse
b. Child neglect
c. A crime against children, including child pornography
d. A crime involving violence, including but not limited to, rape, sexual assault,
homicide and assault
e. Or, there is any information that the staff has been identified as a possible
abuser or neglecter in a pending child abuse or neglect case.

H.25.3 The Contractor shall screen new employees for drug and alcohol abuse, and then conduct
subsequent, continuous testing on a random basis.

H.25.4 The Contractor shall terminate any staff for which an allegation of any of the following has
been substantiated:

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a. Neglect of children
b. Physical abuse of children, families or staff members
c. Sexual abuse or harassment of children, families or staff members
d. Verbal or emotional abuse of children, families or staff members
e. Drug or alcohol use on the premises or with children and families, or such that
the staff is under the influence while on duty
f. Failure to report any allegation of child abuse and/or neglect to CFSA and to
the appropriate law enforcement or social service agency in the jurisdiction in
which the allegation occurred

H.25.5 The Contractor shall place a staff on suspension or administrative leave and bar access to
children or youth following an allegation, and during the time of investigation into those
criteria listed in above in Section C.6.4.2 of this contract.

H.25.6 CFSA will consider as sufficient cause for placement restriction, and possible result in
contract termination, the Contractor’s failure to dismiss employees for the conditions listed in
Section C.6.4.2 and C.6.4.4 of this contract.

H.25.7 CFSA retains the right to make additional recommendations on staffing security issues that
may come to its attention during staff record reviews.

H.25.8 The Contractor shall submit to the District, as a deliverable, the report described in section
H.5.5 that is required by the 51 percent District Residents New Hires Requirements and First
Source Employment Agreement. If the Contractor does not submit the report as part of the
deliverables, final payment to the Contractor shall not be paid pursuant to section G.4.

H.26 SUBCONTRACTING REQUIREMENTS

Subcontracting HCA exemption approved by DSLBD on December 19, 2024.

H.27 CONTRACTOR RESPONSIBILITIES

CONTRACTOR STAFF REQUIREMENTS

H.27.1 The Contractor shall maintain documentation that each staff person possesses training,
qualifications, and competence to perform the duties to which she/he is assigned. At
a minimum, each staff person must meet the requirements set forth by Chapter 62.

H.27.2 The administrator (supervisor) shall:
(a) Have a master’s degree in social work or a related area of study from an
accredited college or university and at least two (2) years of experience in the
management or supervision of child care personnel and programs; or
(b) Have a bachelor’s degree in social work or a related area of study from an
accredited college or university and at least four (4) years of experience in the
management or supervision of children.

H.27.3 Staff members responsible for the direct care services and supervision of clients shall
have a bachelor’s degree in social work, counseling or related area of study from an
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accredited college or university; or at least three (3) years of experience in direct care
services to at-risk youth. The contractor may subcontract for one-to-one support if
needed.

H.27.4 Staff members responsible for performing professional services, including psychological,
psychiatric, medical, social work, nursing, dental, and education shall have a professional
degree and appropriate license in his or her respective fields from an accredited college or
university and a current license, if required by law.

H.27.5 The Contractor shall employ at least one full time staff who is available to be an active
member of the Multidisciplinary Team that documents goals, objectives, strategies and
services to address the strengths and needs of the client in preparation for long-term
placement. This employee shall possess, at a minimum, a LGSW license in the District of
Columbia, or a comparable license in the field of counseling or a similar human service
field.

H.27.6 All staff employed by the Contractor shall be trained on the types of trauma and effects of
trauma and use strategies to help clients reframe and clarify cognitive distortions
associated with trauma. Additionally, all staff shall be trained in de-escalation and crisis
management techniques for clients who present with a range of serious behavioral and
emotional concerns.

H.27.7 The Contractor shall require current health certificates for all employees establishing the
absence of communicable diseases. All health certificates shall be maintained in staff files
for review by the Contract Administrator (CA).

H.27.8 The Contractor shall maintain written job descriptions covering all positions funded under
this contract. Such documentation must be included in the Contractor's files and be
available for inspection by CFSA officials upon request. Job descriptions shall include
education, experience, and/or licensing/certification criteria, a description of duties and
responsibilities, hours of work, salary range and performance evaluation criteria.

H.27.9 The Contractor shall maintain an individual personnel file for each staff person
employed under this contract which contains the application for employment,
employment history and/or resume, professional and/or personal references, applicable
credentials/certifications, records of required medical examinations, personnel action
including time records, documentation of all training received, notation of any
allegations of professional or other misconduct and Contractor's actions with respect to
the allegations, and date and reason(s) if terminated from employment. All of these
personnel materials shall be made available to the Contract Administrator upon request.

H.27.10 The Contractor shall provide orientation sessions for all staff with respect to administrative
procedures, program goals, policies and practices to be adhered to under this contract.

H.27.11 The Contractor shall maintain a current organizational chart for all functions funded under
this contract which displays organizational relationships and demonstrates who has
responsibility for administrative oversight and program supervision over each activity.

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H.27.12 The Contractor shall provide supervisory staff to ensure supervision and safety of the
clients, staff, and the milieu in general.

H.27.13 The Contractor shall ensure that general staff meets the education or experience
qualifications. Clinical program staff shall be licensed clinicians with a minimum of a
master's degree in social work, a master of psychology, or related field. Staff shall be
licensed in the jurisdiction where the Contractor's services are provided. In addition, the
Contractor shall provide, at a minimum, forty (40) hours of initial training for all staff in
areas related to their positions.

H.27.14 The Contractor shall determine employment of staff when there is substantial evidence
that staff has engaged in:

(a) physical and/or sexual abuse of children or other staff persons; and/or verbally
abusing children, family members or other staff persons; and/or
(b) drug or alcohol use on the premises or with children, or if staff is intoxicated while
on duty

Failure to dismiss employees for the above conditions shall be sufficient cause for
termination of this contract pursuant to the provision entitled "default."

H.27.15 The Contractor shall provide supervision of clients throughout the day to be provided by
experienced staff, trained in working with clients with developmental delays or
intense behavioral concerns that need one on one attention, interaction, and
redirection to help them adjust, deescalate, and engage positively in the e nvironment.

H.27.16 The selected contractor shall apply for licensure. See Attachment J.11 for Licensing Checklist and
Timeline.

H.28 STAFF TRAINING AND DEVELOPMENT

H.28.1 The Contractor, within 30 days of award shall establish staff training and
development policy and procedures that are in compliance with the licensure regulations, and
CFSA guidelines outlined in this section:
(a) The Contractor shall provide training to short-term residential services staff on
relevant child welfare topics including, but not limited to, child abuse and neglect,
psychotropic medication and medication management, strength-based, family-
centered practice, concurrent planning, health and pregnancy prevention, domestic
violence, teen relationship abuse, working with LGBTQ+ clients, community-
based services and resources, sex trafficking, and HIV/AIDS.

(b) The Contractor shall ensure that staff is trained on the provision of community-
based services, including training on community characteristics, resources and
needs, and negotiating services for children within a community-based
environment. Every effort shall be made by the Contractor to ensure that training
incorporates and encourages the participation of representatives from community
residents and community-based service providers, such as local hospitals, police
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precincts and drug treatment centers.

(c) T he Contractor shall provide training to staff on topics relevant to adolescent
development. Topics may include, but are not limited to, education and
care development, life skills, health and pregnancy prevention, mental health,
domestic violence and alcohol and substance abuse.

H.28.2 The Contractor shall provide training to staff on:
(a) familiarization with emergency and safety procedures of the facility; principles and
practices of client care, including appropriate training on age-specific and special
physical, emotional, and medical needs;
(b) administrative structure, procedures, and overall program goals of the facility;
(c) procedures for maintaining confidential the clients’ case records and information
contained therein;
(d) appropriate techniques of behavior management for staff providing direct care or
supervision of the clients;
(e) techniques and methodologies of crisis management for staff providing direct care
or supervision of the clients;
(f) methods of considering clients’ diverse cultures;
(g) methods of considering clients’ sensitivities;
(h) manifestation of and techniques for working with abused, neglected, and
traumatized clients;
(i) familiarization of the staff with the discipline policy of the facility and acceptable
methods of discipline;
(j) techniques and methodologies of passive physical restraint;
(k) procedures for reporting actual or alleged client abuse or neglect, and actual or
alleged risk to a client’s health or safety, including training on mandatory reporting;
(l) recognition and prevention of abuse and neglect and risks to the client’s health or
safety;
(m) recognition of substance abuse symptoms and treatment resources;
(n) universal precautions;
(o) identification of, and methods of responding to, suicidal behavior; and
(p) intervention with violent clients.
H.28.3 The contractor shall train short-term residential care staff on topics relevant to adolescent
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development. Topics may include, but are not limited to, education and care development, life
skills, health and pregnancy prevention, mental health, domestic violence and alcohol and
substance abuse.
H.28.4 The Contractor shall provide staff ongoing training which provides opportunity for the
employee to increase performance skills.

H.28.5 The Contractor shall maintain training records, including attendance and copies of the
curriculum.

* * END OF SECTION H * * *
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SECTION I: CONTRACT CLAUSES

I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS

The Standard Contract Provisions for use with District of Columbia Government Supplies and
Services Contracts dated July 2010 (“SCP”) are incorporated as part of the contract resulting
from this solicitation. To obtain a copy of the SCP go to http://ocp.dc.gov; scroll to the
bottom of the screen, click on Required Solicitation Documents, scroll to Required
Attachments and click on Standard Contract Provisions - 2010.

I.2 CONTRACTS THAT CROSS FISCAL YEARS

Continuation of this HCA beyond the current fiscal year is contingent upon future fiscal
appropriations.

I.3 CONFIDENTIALITY OF INFORMATION

All information obtained by the Contractor relating to any employee or customer of the
District will be kept in absolute confidence and shall not be used by the Contractor in
connection with any other matters, nor shall any such information be disclosed to any other
person, firm, or corporation, in accordance with the District and Federal laws governing the
confidentiality of records.

I.4 TIME

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

I.5 RIGHTS IN DATA

I.5.1 “Data,” as used herein, means recorded information, regardless of form or the media on which
it may be recorded. The term includes technical data and computer software. The term does
not include information incidental to contract administration, such as financial, administrative,
cost or pricing, or management information.

I.5.2 The term “Technical Data”, as used herein, means recorded information, regardless of form or
characteristic, of a scientific or technical nature. It may, for example, document research,
experimental, developmental or engineering work, or be usable or used to define a design or
process or to procure, produce, support, maintain, or operate material. The data may be
graphic or pictorial delineations in media such as drawings or photographs, text in
specifications or related performance or design type documents or computer printouts.
Examples of technical data include research and engineering data, engineering drawings and
associated lists, specifications, standards, process sheets, manuals, technical reports, catalog
item identifications, and related information, and computer software documentation.
Technical data does not include computer software or financial, administrative, cost and
pricing, and management data or other information incidental to contract administration.
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I.5.3 The term “Computer Software”, as used herein means computer programs and computer
databases. “Computer Programs”, as used herein means a series of instructions or statements
in a form acceptable to a computer, designed to cause the computer to execute an operation or
operations. "Computer Programs" include operating systems, assemblers, compilers,
interpreters, data management systems, utility programs, sort merge programs, and automated
data processing equipment maintenance diagnostic programs, as well as applications programs
such as payroll, inventory control and engineering analysis programs. Computer programs
may be either machine-dependent or machine-independent and may be general purpose in
nature or designed to satisfy the requirements of a particular user.

I.5.4 The term "computer databases", as used herein, means a collection of data in a form capable
of being processed and operated on by a computer.

I.5.5 All data first produced in the performance of this Contract shall be the sole property of the
District. The Contractor hereby acknowledges that all data, including, without limitation,
computer program codes, produced by Contractor for the District under this Contract, are
works made for hire and are the sole property of the District; but, to the extent any such data
may not, by operation of law, be works made for hire, Contractor hereby transfers and assigns
to the District the ownership of copyright in such works, whether published or unpublished.
The Contractor agrees to give the District all assistance reasonably necessary to perfect such
rights including, but not limited to, the works and supporting documentation and the execution
of any instrument required to register copyrights. The Contractor agrees not to assert any
rights in common law or in equity in such data. The Contractor shall not publish or reproduce
such data in whole or in part or in any manner or form, or authorize others to do so, without
written consent of the District until such time as the District may have released such data to
the public.

I.5.6 The District will have restricted rights in data, including computer software and all
accompanying documentation, manuals and instructional materials, listed or described in a
license or agreement made a part of this contract, which the parties have agreed will be
furnished with restricted rights, provided however, notwithstanding any contrary provision in
any such license or agreement, such restricted rights shall include, as a minimum the right to:

I.5.6.1 Use the computer software and all accompanying documentation and manuals or instructional
materials with the computer for which or with which it was acquired, including use at any
District installation to which the computer may be transferred by the District;

I.5.6.2 Use the computer software and all accompanying documentation and manuals or instructional
materials with a backup computer if the computer for which or with which it was acquired is
inoperative;

I.5.6.3 Copy computer programs for safekeeping (archives) or backup purposes; and modify the
computer software and all accompanying documentation and manuals or instructional
materials, or combine it with other software, subject to the provision that the modified
portions shall remain subject to these restrictions.

I.5.7 The restricted rights set forth in section I.5.6 are of no effect unless (i) the data is marked by
the Contractor with the following legend:
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RESTRICTED RIGHTS LEGEND

Use, duplication, or disclosure is subject to restrictions stated in Contract No.
__________________________________________ with _______________________
(Contractor’s Name); and
(ii) If the data is computer software, the related computer software documentation includes a
prominent statement of the restrictions applicable to the computer software. The Contractor
may not place any legend on the computer software indicating restrictions on the District’s
rights in such software unless the restrictions are set forth in a license or agreement made a
part of the contract prior to the delivery date of the software. Failure of the Contractor to
apply a restricted rights legend to such computer software shall relieve the District of liability
with respect to such unmarked software.

I.5.8 In addition to the rights granted in Section I.5.6 above, the Contractor hereby grants to the
District a nonexclusive, paid-up license throughout the world, of the same scope as restricted
rights set forth in Section I.5.6 above, under any copyright owned by the Contractor, in any
work of authorship prepared for or acquired by the District under this contract. Unless written
approval of the Contracting Officer is obtained, the Contractor shall not include in technical
data or computer software prepared for or acquired by the District under this contract any
works of authorship in which copyright is not owned by the Contractor without acquiring for
the District any rights necessary to perfect a copyright license of the scope specified in the
first sentence of this paragraph.

I.5.9 Whenever any data, including computer software, are to be obtained from a subcontractor
under this contract, the Contractor shall use this clause, I.5, Rights in Data, in the subcontract,
without alteration, and no other clause shall be used to enlarge or diminish the District’s or the
Contractor’s rights in that subcontractor data or computer software which is required for the
District.

I.5.10 For all computer software furnished to the District with the rights specified in Section I.5.5,
the Contractor shall furnish to the District, a copy of the source code with such rights of the
scope specified in Section I.5.5. For all computer software furnished to the District with the
restricted rights specified in Section I.5.6, the District, if the Contractor, either directly or
through a successor or affiliate shall cease to provide the maintenance or warranty services
provided the District under this contract or any paid-up maintenance agreement, or if
Contractor should be declared bankrupt or insolvent by a court of competent jurisdiction, shall
have the right to obtain, for its own and sole use only, a single copy of the then current version
of the source code supplied under this 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.

I.5.11 The Contractor shall indemnify and save and hold harmless the District, its officers, agents
and employees acting within the scope of their official duties against any liability, including
costs and expenses, (i) for violation of proprietary rights, copyrights, or rights of privacy,
arising out of the publication, translation, reproduction, delivery, performance, use or
disposition of any data furnished under this contract, or (ii) based upon any data furnished
under this contract, or based upon libelous or other unlawful matter contained in such data.
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I.5.12 Nothing contained in this clause shall imply a license to the District under any patent, or be
construed as affecting the scope of any license or other right otherwise granted to the District
under any patent.

I.5.13 Paragraphs I.5.6, I.5.7, I.5.8, I.5.11 and I.5.12 above are not applicable to material furnished
to the Contractor by the District and incorporated in the work furnished under contract,
provided that such incorporated material is identified by the Contractor at the time of delivery
of such work

I.6 OTHER CONTRACTORS

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

I.7 SUBCONTRACTS

The Contractor hereunder shall not subcontract any of the Contractor’s work or services to
any subcontractor without the prior written consent of the Contracting Officer. Any work or
service so subcontracted shall be performed pursuant to a subcontract agreement, which the
District will have the right to review and approve prior to its execution by the Contractor.
Any such subcontract shall specify that the Contractor and the subcontractor shall be subject
to every provision of this contract. Notwithstanding any such subcontract approved by the
District, the Contractor shall remain liable to the District for all Contractor's work and services
required hereunder.

I.8 INSURANCE

A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and maintain,
during the entire period of performance under this contract, the types of insurance specified
below. The Contractor shall submit a Certificate of Insurance to the Contracting Officer (CO)
giving evidence of the required coverage prior to commencing performance under this contract.
In no event shall any work be performed until the required Certificates of Insurance signed by an
authorized representative of the insurer(s) have been provided to, and accepted by, the CO.

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

If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits than the
minimums shown below, the District requires and shall be entitled to the broader coverage and/or
the higher limits maintained by the Contractor and subcontractors.

B. INSURANCE REQUIREMENTS

1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide evidence
satisfactory to the CO with respect to the services performed that it carries a CGL policy, written on
an occurrence (not claims-made) basis, on Insurance Services Office, Inc. (“ISO”) form CG 00 01 04
13 (or another occurrence-based form with coverage at least as broad and approved by the CO in
writing), covering liability for all ongoing and completed operations of the Contractor and under all
subcontracts, covering claims for bodily injury, including without limitation sickness, disease or
death and mental anguish of any persons, broad form property damage, including loss of use resulting
therefrom, personal and advertising injury, and including coverage for liability arising out of an
Insured Contract (including the tort liability of another assumed in a contract) and acts of terrorism
(whether caused by a foreign or domestic source). Such coverage shall have limits of liability of not
less than $1,000,000 each occurrence, a $2,000,000 general aggregate.

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

2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory to the CO of
commercial (business) automobile liability insurance written on ISO form CA 00 01 10 13 (or
another form with coverage at least as broad and approved by the CO in writing) including coverage
for all owned, hired, borrowed and non-owned vehicles and equipment used by the Contractor in
connection with work under this agreement, with a minimum combined single limit of $100,000 for
bodily injury or death and property damage, including loss of use thereof. Such policy or policies of
automobile liability insurance shall be written on an "occurrence" (as opposed to a "claims made")
basis.

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

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

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

3. Workers’ Compensation Insurance - The Contractor shall provide evidence satisfactory to the CO of
Workers’ Compensation insurance in accordance with the statutory mandates of the District of
Columbia or the jurisdiction in which the contract is performed.

Employer’s Liability Insurance - The Contractor shall provide evidence satisfactory to the CO of
employer’s liability insurance as follows: $1,000,000 per accident for injury; $1,000,000 per
employee for disease; and $1,000,000 for policy disease limit.

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

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

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

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

7. Crime Insurance (3rd Party Indemnity) - The Contractor shall provide a Crime policy including 3rd
party fidelity to cover the dishonest acts of Contractors, its employees and/or volunteers which result
in a loss to the District. The Government of the District of Columbia shall be included as loss payee.
The policy shall provide a limit of $100,000 per occurrence.

8. Sexual/Physical Abuse & Molestation - The Contractor shall provide evidence satisfactory to the CO
with respect to the services performed that 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; 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 ORM 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 than outlined below, then, prior to commencement of work by
the subcontractor, the Contractor shall submit in writing the name and brief description of work to
be performed by the subcontractor on the Subcontractors Insurance Requirement Template
provided to the Office of Risk Management (ORM). ORM will determine the insurance
requirements applicable to the subcontractor and promptly deliver such requirements in writing to
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the Contractor. In either instance, the Contractor must provide proof of the subcontractor's
required insurance prior to commencement of work by the subcontractor.

D. PRIMARY AND NONCONTRIBUTORY INSURANCE
The insurance required herein shall be primary to and will not seek contribution from any other
insurance, reinsurance or self-insurance including any deductible or retention, maintained by the
Government of the District of Columbia.

E. DURATION. The Contractor shall carry all required insurance until all contract work is accepted
by The Government of the District of Columbia and shall carry listed coverages for ten years for
construction projects following final acceptance of the work performed under this contract and
two years for non-construction related contracts.

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

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

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

I. NOTIFICATION. The Contractor shall ensure that all policies provide that the CO shall be
given thirty (30) days prior written notice in the event of cancellation, non-renewal, or material
changes to the extent such cancellation or material changes results in Contractor no long
complying with the above requirements. The Contractor shall provide the CO with ten (10) days
prior written notice in the event of non-payment of premium. The Contractor will also provide the
CO with an updated Certificate of Insurance should its insurance coverages renew during the
contract. The Government of the District of Columbia may reasonably change the above
insurance coverage requirements during the Term by giving Contractor at least 30 days’ notice of
the change. The Contractor must comply, at your expense, and deliver to the CO evidence of
compliance before the change becomes effective.

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

The Government of the District of Columbia
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And mailed to the attention of:
Ebony Terrell
Child and Family Services Agency
200 I Street S.E. Suite 2031
Washington, DC 20003
(202) 724-5300

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.

I.9 EQUAL EMPLOYMENT OPPORTUNITY

In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order
85-85 dated June 10, 1985, the forms for completion of the Equal Employment Opportunity
Information Report are incorporated herein as Section J.4. An award cannot be made to any
bidder who has not satisfied the equal employment requirements.

I.10 ORDER OF PRECEDENCE

The contract was awarded as a result of the HCA.

I.10.1 A conflict in language shall be resolved by giving precedence to the document in the highest
order of priority that contains language addressing the issue in question. The following
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documents are incorporated into the contract by reference and made a part of the contract in
the following order of precedence:

1) An applicable Court Order, if any
2) Contract document
3) Standard Contract Provisions for use of supplies and services contract dated
July 2010
4) Human Care Agreement, as amended
5) BAFO’s (in order of most recent to earliest)
6) Proposal

I.11 CONTRACTS IN EXCESS OF ONE MILLION DOLLARS

Any contract in excess of $l,000,000 shall not be binding or give rise to any claim or demand
against the District until approved by the Council of the District of Columbia and signed by
the CO.

I.12 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.
I.13 USE OF ARTIFICIAL INTELLIGENECE
Any use of artificial intelligence (AI) powered tools and capabilities, including tools that
improve grammar, create meeting summaries, or assist with task identification, may be used
only with prior written authorization from CFSA and in accordance with the Office of Chief
Technology Officer (OCTO) AI/ML Adoption and/or Usage Guidelines (Guidelines)
available at AI/ML Adoption and/or Usage Guidelines | octo. To request authorization, the
user must submit the information described in each of the eight Guidelines to the Contract
Administrator. The Contractor understands that CFSA is currently in the process of
implementing AI governance procedures and policies. Once implemented, the parties will
modify the contract to incorporate, and Contractor agrees it will perform in accordance with,
these procedures and policies as applicable.

I.14 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01 et seq.
Nonprofit organizations, as defined in the Act, shall include in their rates the indirect costs
incurred in provision of goods or performance of services under this contract pursuant to the
nonprofit organization's unexpired Negotiated Indirect Cost Rate Agreement (NICRA). If a
nonprofit organization does not have an unexpired NICRA, the nonprofit organization may
elect to instead include in its rates its indirect costs:
(1) As calculated using a de minimis rate of 10% of all direct costs under this contract;
(2) By negotiating a new percentage indirect cost rate with the awarding agency;
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(3) As calculated with the same percentage indirect cost rate as the nonprofit organization
negotiated with any District agency within the past 2 years; however, a nonprofit
organization may request to renegotiate indirect costs rates in accordance with or
(4) As calculated with a percentage rate and base amount, determined by a certified public
accountant, as defined in the Act, using the nonprofit organization's audited financial
statements from the immediately preceding fiscal year, pursuant to the OMB Uniform
Guidance, and certified in writing by the certified public accountant.
I.14.1 If this contract is funded by a federal agency, indirect costs shall be consistent with the
requirements for pass-through entities in 2 C.F.R. § 200.331, or any successor regulations.
I.14.2 The Contractor shall pay its subcontractors which are nonprofit organizations the same
indirect cost rates as the nonprofit organization subcontractors would have received as a prime
contractor.
I.15 CONFLICT OF INTEREST
I.15.1 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, D.C. Official Code Section 2-310.01, and Chapter 18 of the DC
Personnel Regulations).

I.15.2 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 Contractor further covenants not to employ any
person having such known interests in the performance of the contract.

I.16 CAMPAIGN FINANCE REFORM
I.16.1 Mandatory Certification

I.16.1.1 The Contractor shall certify that it has read and is in compliance with the Campaign
Finance Reform Amendment Act of 2018, effective March 13, 2019 (D.C. Law 22-250; D.C.
Official Code § 1-1001.03 et seq.). This certification is included in the Bidder/Offeror
Certification Form.

I.16.1.2 The Contractor shall re-certify prior to the exercise of any option period that it has read
and is in compliance with the Campaign Finance Reform Amendment Act of 2018, effective
March 13, 2019 (D.C. Law 22-250; D.C. Official Code § 1-1001.03 et seq.). This certification
is included in the Bidder/Offeror Certification Form.

I.16.2 Reporting Contractor’s Principals

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Contractors shall inform the contracting officer of any change to its principals during the term
of the contract within thirty (30) days of its occurrence.

I.16.3 Prohibited Contributions

I.16.3.1 For contracts with a maximum aggregate value (the total sum of the contract ceiling for
the base period and any subsequent option periods) of between $250,000 and up to and
including $1,000,000 and a base period of performance of 1 year or less, neither the
Contractor nor any of its principals may make any contribution to the Mayor, any
candidate for Mayor, any political committee affiliated with the Mayor or a candidate for
Mayor, or any constituent service program affiliated with the Mayor for the period from
the date of contract award through one year after the contract ends or is terminated.

I.16.3.2 For contracts with a maximum aggregate value (the total sum of the contract ceiling for
the base period and any subsequent option periods) of over $1,000,000 or with a base
period of longer than 1 year, neither the Contractor nor any of its principals may make
any contribution to the Mayor, any candidate for Mayor, any political committee
affiliated with the Mayor or a candidate for Mayor, any constituent service program
affiliated with the Mayor, any Councilmember, any candidate for Councilmember, any
political committee affiliated with a Councilmember or a candidate for Councilmember,
or any constituent-service program affiliated with a Councilmember for the period from
the date of contract award through one year after the contract ends or is terminated.

I.17 DISPUTES

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

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

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

The CO may meet with the Contractor in a further attempt to resolve the claim by agreement.
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The CO shall issue a decision on any claim within 120 calendar days after receipt of the
claim. Whenever possible, the CO shall take into account factors such as the size and
complexity of the claim and the adequacy of the information in support of the claim provided
by the Contractor.

The CO’s written decision shall do the following:

(v) Provide a description of the claim or dispute;
(vi) Refer to the pertinent contract terms;
(vii) State the factual areas of agreement and disagreement;
(viii) 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;
(ix) 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;
(x) Indicate that the written document is the CO’s final decision;
and
(xi) Inform the Contractor of the right to seek further redress by
appealing the decision to the Contract Appeals Board.

Failure by the CO to issue a decision on a contract claim within 120 days of receipt of the
claim will be deemed to be a denial of the claim, and will authorize the commencement of an
appeal to the Contract Appeals Board as provided by D.C. Official Code § 2-360.04.

(6) If a 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.

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(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:

(xii) Provide a description of the claim or dispute;
(xiii) Refer to the pertinent contract terms;
(xiv) State the factual areas of agreement and disagreement;
(xv) 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;
(xvi) 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;
(xvii) Indicate that the written document is the CO’s final decision; and
(xviii) 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.

* * * END OF SECTION I * * *
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SECTION J: LIST OF ATTACHMENTS

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

Attach
ment
Number
Document
J.1
Government of the District of Columbia Standard Contract Provisions for Use
with the Supplies and Services Contracts (June 2010)
available at www.ocp.dc.gov click on “Solicitation Attachments”
J.2 U.S. Department of Labor Wage Determination No. 2015-4281,
Revision No. 35 dated December 3, 2025
J.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 “Required Solicitation Documents”
under “Required Attachments”
J.4 DC Department of Employment Services First Source Employment Agreement
J.5
Way to Work Amendment Act of 2026 - Living Wage Fact Sheet
available at www.ocp.dc.gov click on
“Required Solicitation Documents” under “Required Attachments”
J.6
Way to Work Amendment Act of 2026 - Living Wage Notice
available at www.ocp.dc.gov click on “Required Solicitation Documents” under
“Required Attachments”
J.7
Clean Hands Certification, Business License and Certificate of Good Standing.
Clean Hands Sign Up instructions available at
Sign_Up_for_MyTax.DC_.gov_Businesses_1220.pdf
J.8 Budget Document – Schedules; 1 through 11

* * * END OF SECTION J * * *