CA26-0683 Proposed Contract with Georgia Avenue Family Support…

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MURIEL BOWSER
MAYOR
April 2, 2026
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code §
1-204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code
§ 2-352.02), enclosed for consideration and approval by the Council of the District of Columbia
is proposed definitized contract. DCRL-2025-C-0034 with Georgia Avenue Family Support
Collaborative in the not-to-exceed amount of $1,349,179.29. The period of performance is
November 15, 2025, through September 30, 2026.
Under the definitized contract, the Georgia Avenue Family Support Collaborative will provide
community-based child welfare services.
My administration is available to discuss any questions you may have regarding the proposed
definitized contract modification. In order to facilitate a response to any questions you may have,
please have your staff contact Ebony Terrell, Agency Contracting Officer, Child and Family
Services Agency, at (202) 724 -7509.
I look forward to the Council’s favorable consideration of this contract.
Sincerely,
Muriel Bowser
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement

Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C. Official Code §
2-352.02(c), the following contract summary is provided:

COUNCIL CONTRACT SUMMARY
(Letter Contract or Emergency Contract)

(A) Contract Number: DCRL-2025-C-0034

Proposed Contractor: Georgia Avenue Family Support Collaborative

Proposed Contractor’s Principals: Debra Gittens, Chief Executive Officer

Contract Amount: $ 1,349,179.29

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: November 15, 2025, through September 30, 2026

Type of Contract: Firm Fixed Price with a Cost Reimbursement Components

Source Selection Method: Adhered to the procedures set forth in 27 DCMR Chapter 16 for Competitive Sealed
Proposals.

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

Base Period Amount: $1,349,179.29
Option Period 1 Amount: $
Explanation of difference from base period (if applicable):

This contract is subject to annual negotiation based on the availability of funds. The contract price may be
adjusted each year using an approved Consumer Price Index–based cost adjustment as stated in section H.19 of
the contract

Option Period 2 Amount: $
Explanation of difference from base period (if applicable):

Option Period 3 Amount: $
Explanation of difference from base period (if applicable):

Option Period 4 Amount: $
Explanation of difference from base period (if applicable):

November 15, 2025

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

N/A

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

The value of services to date is NTE $987,720.04

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

According to our search of the supplier in the Districts PASS system and the OCP center of excellence the
contractor doesn’t 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:

The Contractor is responsible for providing Community Based Child Welfare Services to residents within Ward 4

(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:

Solicitation No. DOC778981 was issued in the open market via the Office of Contracting and Procurement’s
(OCP’s) e-sourcing system.

The solicitation closed with eight (8) proposals received. Upon evaluation of all proposers, it was determined that
five of the eight proposers were responsive to the solicitation. The technical evaluation panel confirmed that the
contractor is capable of meeting the District’s minimum need in the Ward 7 neighborhoods during the period of
performance of the proposed contract. The contractor is currently contracted with the District of Columbia to
provide community-based child welfare service
3

(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:

N/A

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

The contractor is located in the District and has experience providing community child-based
welfare services to the Child and Family Services Agency for over fifteen years. The contractor has
an acceptable performance record based on its performance evaluation completed by the Contracts
Administrator on March 14, 2025.

(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:

DLSBD approved the waiver request on September 12, 2025, WR5895

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

The expected outcome of the proposed contract is to provide community-based child welfare
services to youth in Wards 4 to assist families from coming into the child welfare system.

(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:

November 15, 2025, through March 13, 2026, $522,466.12
March 14, 2025, through June 29, 2026, $465,253.92

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

The Agency Fiscal Officer provided a certification of funding on January 28, 2026, that certifies
the agency, in its approved budget for fiscal year 2026, has 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:

The contractor has certified that it is current with the Act in accordance with the Self Certification
dated August 01, 2025.

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

The District of Columbia, Office of Attorney General (OAG) has certified that the proposed
modification is legally sufficient. The contractor has no legal claims pending against the District.

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

The contractor has submitted a Citywide Clean Hands Certificate, dated February 11, 2026, that
confirms the contractor is compliant with the Office of Tax and Revenue and 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:

The contractor has certified that it is current with its federal taxes in accordance with the signed
Bidder Offeror Certification dated July 30, 2025.

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

The contractor is a non-profit organization

(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:

The contractor is not currently debarred from contracting with the District or Federal Government
based on searches on the OCP EPLS database and the System for Award Management (SAM)
Search database and Office of Inspector General (OIG) website.

(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):

• D&F for Letter Contract executed on February 19, 2026
• D&F for Cost Reimbursement executed on February 19, 2026
• D&F for Price Reasonableness executed on February 19, 2026
• D&F for Contractor Responsibility executed on February 19, 2026

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

The executed contract will be posted on the Office of Contracting and Procurement’s (OCP)website
at: www.ocp.dc.gov

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

The original solicitation and amendments or modifications are made available under DOC778981 in
Aribia PASS. The executed contract will be posted on the Office of Contracting and Procurement’s
(OCP)website at: www.ocp.dc.gov
1101 4th Street, SW
Washington, DC 20024
Date of Notice: February 12, 2026 L0015683812Notice Number:
FEIN: **-***9433
Case ID: 18846474

Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
GEORGIA AVENUE FAMILY SUPPORT COLLABORATIVE
1104 ALLISON ST NW
WASHINGTON DC 20011-4437

Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov

COPY
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Child and Family Services Agency

Headquarters: 200 I Street, SE  Washington, D.C. 20003  202-442-6100
www.cfsa.dc.gov  http://dc.mandatedreporter.org  www.adoptdckids.org
Office of Finance
MEMORANDUM

TO: Tanya Torres Trice
Director
Child and Family Services Agency

FROM: Justin Kopca
Agency Fiscal Officer
Child and Family Services Agency

DATE:

SUBJECT: Certification of Funds Availability (NON-PATEO)

Total Contract Value: $1,349,179.28

The Office of the Chief Financial Officer hereby certifies that the sum of $1,349,179.28 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 Georgia Avenue Family Support Collaborative for Community Based Child Welfare Services. This
certification supports the Georgia Avenue Family Support Collaborative contract during the period from
November 15, 2025, through September 30, 2026. The fund allocation is as follows:

Vendor: Georgia Avenue Family Support Collaborative Contract #: DCRL-2025-C-0034

Fiscal Year 2026 Funding: 11/15/2025 through 9/30/2026

Agency Fund Program Cost Center Account Amount
RL0 1010001 700257

70397

7141002
$1,309,179.28
RL0 4020002 700257

70397

7141002 $40,000.00
FY 2026 Contract Total $1,349,179.28

Funding for the period of November 15, 2025, through September 30, 2026, totaling $1,349,179.28 will be subject
to the availability of funds in the District’s Local Budget and Financial Plan for Fiscal Year 2026. Upon approval
of the District’s Local Budget and Financial Plan by the Council and the Mayor and completion of the thirty-day
Congressional layover, funds will be sufficient to pay for fees and costs associated with the contract.

Should you have any questions, please contact me on 202-727-7676.

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: March 24, 2026

SUBJECT: Approval of Contract for Community Based Child Welfare Services
Contract Number: DCRL-2025-C-0034
Contractor: Georgia Avenue Family Support Collaborative
NTE Contract Amount: $1,349,179.29

This is to Certify that this Office has reviewed the above- referenced Contract and that we have
found it to be legally sufficient. If you have any questions in this regard, please do not hesitate to
call me at (202) 724-4018.

______________________________
Robert Schildkraut

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Child and Family Services Agency
Headquarters: 200 I Street, SE Washington, D.C. 20003 202-442-6100
www.cfsa.dc.gov http://dc.mandatedreporter.org www.adoptdckids.org
CONTRACTS AND PROCUREMENT ADMINISTRATION
October 30, 2025
Debra Gittens
Executive Director
Georgia Avenue Family Support Collaborative
3333 14th St NW
Washington, DC 20011
REF: Letter Contract
DCRL-2025-C-0034
Community-Based Child Welfare Services
Dear Ms. Gittens:
This is a letter contract between the District of Columbia Government; hereinafter, referred
to as the District and Georgia Avenue Family Support Collaborative hereinafter; referred to
as the Contractor wherein the Contractor agrees to perform the services set forth in the scope
of work, attachment A.
This is a firm fixed price contract with cost reimbursement components based on monthly
payments as set forth in the price schedule, attachment B.
The term of this letter contract is from November 15, 2025, through March 1, 2026. The
District intends to definitize this letter contract within one hundred twenty (120) days, at
which time this letter contract shall merge with the definitized contract. Before the
expiration of the one hundred twenty (120) days, the contracting officer may authorize an
additional period in accordance with section 2425.9 of the Procurement Regulations, 27
DCMR 2425.9. If the District does not definitize this letter contract within one hundred
twenty (120) days of the award of this letter contract or any extensions thereof, this letter
contract shall expire. In the event of expiration of this letter contract, or any extension
thereof, the District shall pay the contractor for services performed under this letter
contract in an amount not to exceed $502,466.12. In no event shall the amount paid under
this letter contract or any extensions thereof exceed 50% of the total definitized contract
amount.
4. The duration of the definitized contract sh all be three hundred, sixty-five (365) days from
award of this letter contract (November 15, 2025, through November 14, 2026). The
District shall pay the contractor for the services performed during the duration of the
definitized contract in an amount not to exceed $1,528,334.29.
5. The Contractor shall perform under this le tter contract pursuant to the term of the
following documents, which are hereby incorporated by reference and made a part of this
letter contract, which in the event of a conflict shall be resolved by giving precedence in
the order of priority listed below:
(a) This letter contract:
(b) The Scope of Work, Attachment A;
(c) Contractor’s Budget, Attachment B dated 10/23/2025,
(d) The Standard Contract Provisions for use with District of Columbia Government
Supplies and Services Contracts, dated July 2010, Attachment C;
6. The letter contract shall be subject to the following:
(a) Appropriation of funds;
(b) The approval by the Council of the District of Columbia, in accordance with D.C.
Official Code, §2-352.02, if this letter contract is of a value in excess of one
million dollars. However, if this letter contract is not in excess of one million
dollars, but the value of the subsequent definitized contract, (which includes the
value of this letter contract) is in excess of one million dollars, the definitized
contract must be approved by the Council in accordance will D.C. Official Code,
§2-353.02. If the Council disapproves the subsequent definitized contract, all
performance under the letter contract shall terminate and the liability of the
District shall be limited to the amount set forth in provision number 3, above, of
the letter contract.
Signature:
Contractor:_______________________________ Date: __________________
Typed Name
Title:
District of Columbia
______________________________________ Date: ___________________
Ebony Terrell
Agency Chief Contracting Officer
the letter contract.
Debra Gittens
Chief Executive Officer (CEO)
November 5, 2025Georgia Avenue Family Support Collaborative
DDD
isisistrtrtricicicttt ofofof CCColololumumumbibibiaaa
___ __________________________
EbEbEbEbononononyyyy TTeTTeTerrrrrrelelll

AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT
1. Solicitation / Contract
No.
Page of Pages
DCRL-2025-C-0034 1 2
2. Amendment/Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Solicitation Caption

M001

See block 16c

TBD
“Community Based Child
Welfare 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
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)

Georgia Avenue Family Support Collaborative
1104 Allison Street, N.W., Suite 200
Washington, DC 20011

9A. Amendment of Solicitation No.

9B. Dated (See Item 11)

X
10A. Modification of Contract/Order No.

DCRL-2025-C-0034

10B. Dated (See Item 13)
November 15, 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.)

Pursuant to 27 DCMR, Section 3601.2 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:

1. Delete section B.3- Price Schedule and replace it with section B.3R on page 2.
2. Insert CLIN 0003, Flex Funds in the amount of $20,000.
3. Delete attachment A- Scope of Work and replace it with the revised attachment A.R - Scope of Work.

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

Debra Gittens, Chief Executive Officer
12-19-2025

M001

See block 16c

TBD
“Community Based Child
Welfare Services”

B.3R - Price Schedule 120 Day letter contract November 15, 2025, through March 14, 2026

CONTRACT
LINE-ITEM
NUMBER (CLIN)

SERVICE

QUANTITY/DAYS

PRICE PER DAY

TOTAL NOT-
TO-EXCEED
AMOUNT
CLIN 0001

Administrative
Allowance

119 $2,757.84 $328,182.96
CLIN 0001A

Administrative
Allowance
1 $2,757.68 $2,757.68
CLIN 0002

Cost
Reimbursemen
t Services

$171,525.48
CLIN 0003 Flex Funds 1 Lot $20,000.00
TOTAL CONTRACT AMOUNT NOT-TO-EXCEED FOR 120 DAYS $522,466.12

4. Delete section J.3 and replace with the revised budget J.3R.

Attachment Document

J.3R FY-26 GAFSC Approved Budget, dated December 10, 2025, consisting of the
following:
Budget Package Cover, Sheet 1
Budget Summary, Sheet 2
Schedules 1,2, 3, 4, 5, 6, 8, 9, 10 and 11

5. Flex Funds shall be invoiced in accordance with section C.16 of attachment A.R - Statement of Work.

7,Solictation/Contract PageofPages
AMENDMENT OF SOLICITATION /MODIFICATION OF CONTRACT No.

DcRL-2025-c-0034[7 | 3
%AriendmenuModiicationNumber| 3.EffectiveDate “ Requistion’PurchaseRequestNo.|6.SolictationCaption“CommunityBasedChildmoo2 March15,2026 TBD WelfareServices’
©.suedby: Code LRLO 7Administeredby(otherthanline6)GovernmentoftheDistrictofColumbia GovernmentoftheDistrictofColumbiaChildandFamilyServicesAgency ChildandFamilyServicesAgencyContractsandProcurementAdministration ContractsMonitoringDivision200|Street,S.E.,Suite2031 200|StreetSE,3rdFloor,Ste.3201Washington,DC20003, Washington,D.C.20003
8.NameandAddressofContractor(No.Street,city,county, {8KAmendmentofSolistationNo.
state,and zip code) ‘9B.Dated(SeeItem11)

GeorgiaAvenueFamilySupportCollaborative "0A,ModificationofContracvOrderNo,1104AllisonStreet,N.W.,Suite200
Washington,DC 20011 X| DCRL-2025-C-0034

0B.Dated(Seeltem19)November15,2025
TiTHISITEMONLYAPPLIESTOAMENDMENTSOFSOLICITATIONS.
[iheabovenumberedsolctationisamendedassetforthinem14.ThehouranddatospecieforreceiptofOtters[]ieextended.[]isnotextended.(fersmustacknowledgerecipofhisamendmentpriorothehourandatespecifiedinhesoctationorasamended,byoneofthefolowingmethods:{@)Bycompletingtems8and15,andreturningcopiesoftheamendment¢()ByacknowledgingreceiptofthsamendmentoneachcopyoftheoerSubmittedFAILUREOFYOURACKNOWLEDGHENTTOBERECEIVEDATTHEPLACEDESIGNATEDFORTHERECEIPTOFOFFERSPRIORTOTHEHOURANODATESPECIFIEDMAYRESULTINREJECTIONOFYOUROFFER.ibyvitueofisamendmentyoudesirtochangeanoferalreadysubmited,Suchmaybemageinaccordancewihhesolctatonandlsreceivedprototeopeninghouranddalaspec

72.AveountingandAppropriationData(IfRequired)

75.THISITEMAPPLIESONLYTOMODIFICATIONSOFCONTRACTIORDERS,ITMODIFIESTHECONTRACTIORDERNO.ASDESCRIBEDINITEM14
"A.Thischangeorderisissuedpursuantto(SpecifyAuthority):27DCMR,Chapter36,ContractModificationsx “Thechangessetforthintem14aremadeinthecontract/orderno.initem10A.
BB.Theabovenumberedcontract/orderismodifiedtoreflectheadministrativechanges(euchaschangesinpayingoffice,appropriationdataetc.)setforthinitem14,pursuanttotheauthorityof27DCMR,Chapter36,Section3601.2.
C.Thissupplementalagreementisenteredintopursuanttoauthorityof
. Other(Specifytypeofmodificationandauthority)
E.IMPORTANT:Contractorsnot_[]isDX]requiredtosignthisdocument
"14,DescriptionofAmendment/Modification(OrganizedbyUCFSectionheadings,includingsolitation/contractsubjectmatterwherefeasible)
Pursuantto27DCMR,Section3601.2andArticle15,ChangesClauseoftheStandardProvisionsfortheusewithDistrictofColumbiaGovernmentSupplyandServicesContractsdatedJuly2010,thefollowingchangesareincorporatedandmadepartofthiscontract:
1.Thepurposeofthismodificationistoextendtheperiodofperformance(P.0.P)ofLetterContractDCRL-
2025-C-0034,TheLetterContractP.O.PischangedfromNovember15,2025,throughMarch14,2026,toNovember15,2025,throughJune29,2026,foranadditional107days.

Exceptasprovidedherein,allothertermsandconditionsofthedocumentIsreferencedInItem8Aor10Aremainunchangedandinfullforceandeffect,

TA,NameandTileofSigner(Typeorpant) TGA.NameofContractingOfficer
Debra Gittens,CEO Ebony C. Terrell
TSBNameofContractor TSC.DateSigned| 168.DistrictofColumbia 86.DateSigned

Dibra Gatton March13,2026Atul A tnctrenomen3)I5[je26t

7,Solistation/Contract PageofPagesNo.AMENDMENT OF SOLICITATION /MODIFICATION OF CONTRACT DCRL-2025-C-0034 ZT
2AmendmentModiicationNumber| 3,EffectiveDate “%Requisiion/PurchaseRequestNo,| 5.SolicitationCaption“CommunityBasedChildMo02 March 15,2026 TBD WelfareServices”
2. B.3R - PriceSchedule 120 Day lettercontractNovember 15,2025,throughMarch 14,2026

CONTRACT
LINE-ITEM, SERVICE QUANTITY/DAYS—_| PRICEPER DAY TOTAL NOT-
NUMBER (CLIN) TO-EXCEED
AMOUNT
CLIN0001 ‘Administrative 119) $2,757.84 $328,182.96
Allowance
CLIN001A | Administrative 1 $2,757.68 $2,757.68
Allowance

CLIN0002 | Cost
Reimbursement NTE $171,525.48

Services
‘CLIN0003 FlexFunds NTE $20,000.00
TOTAL CONTRACT AMOUNT NOT-TO-EXCEED FOR 120DAYS NTE $522,466.12

3. Insertthe below PriceSchedule B.3.R1
B.3.R1 - Base Period — 107 days March 15,2026, throughJune 29,2026

TOTAL CONTRACT AMOUNT NOT-TO-EXCEEDAMOUNT FOR CLIN0004through
CLIN0006
TOTAL NTE FOR CLIN0001THROUGH 0006 NTE $987,720.04
NTE $465,253.92

I.Solicitation/Contract| PageofAMENDMENT OF SOLICITATION/MODIFICATIONOF_| No. PagesCONTRACT DCRL-2025-C-0034 3. 32.Amendment/Modification| 3.EffectiveDate 4,Requisition/Purchase__]5.SolicitationCaptionNumber RequestNo.
“CommunityBasedMooz March15,2026 TBD ChildWelfareServices”
4. DeletesectionJ.3R and replacewith therevisedbudgetJ.3R1.

Attachment Document

J3R1

FY-26GAFSCApprovedBudget,datedMarch15,2026,consistingofthefollowing:BudgetPackageCover,Sheet1BudgetSummary,Sheet2Schedules1,2,3,4,5,6,8,9,10and11

1
GOVERNMENT OF THE DISTRICT OF COLUMBIA Child and Family Services Agency (CFSA)
SOLICITATION, OFFER, AND AWARD 1. Caption Page of Pages
Community Based Child Welfare Services 1 61
2. Contract Number 5. Type of Solicitation 6. Type of Market
DCRL-2025-C-0034 ☐ Sealed Bid (IFB) ☒ Open
3. Solicitation Number X Sealed Proposals (RFP) ☐ Set Aside
DOC 778981 ☐ 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". 7/10/2025 ☐ Emergency
7. Issued By: 8. Address Offer to: Delivery
Contracts and Procurement Administration
Child and Family Services Agency (CFSA)
200 I Street, S.E. Suite 2031
Washington, DC 20003
(202) 724-5300
Contracts and Procurement Administration
Child and Family Services Agency (CFSA)
200 I Street, S.E. Suite 2031
Washington, DC 20003
(202) 724-5300
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 In accordance with DOC778981 Time Due 2:00 PM EST
CAUTION: Late Submissions, Modifications and Withdrawals: See 27 DCMR chapters 15 & 16 as applicable. All offers are subject to all terms and conditions contained in this solicitation.
10. Agency Contact A. Name B. Telephone Extensi
on C. E-mail Address
CFSA Patricia Onochie, Contract Specialist 202-727-7571 Patricia.onochie@dc.gov
11. Table of Contents (X) Section Description Page No.
(X) Section Description Page
No. X G Contract Administration Data 11
X A Solicitation/Contract Form 1 H Special Contract Requirements 16
X B Supplies or Services and Price/Cost 2 I Contract Clauses 47
X C Specifications/Work Statement 5 J List of Attachments 61
X D Packaging and Marking 6
X E Inspection and Acceptance 7
X F Deliveries or Performance 8
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 Company Information Person Authorized to Sign Offer/Contract
If Offeror is a Joint Venture, add signatures of
additional general partners or members as
appropriate.
A. Company Name Georgia Avenue Family Support
Collaborative
B. Name/Title Debra Gittens, CEO
C. Address 4420 Georgia Avenue, NW
City, State, Zip Washington, DC 20011
☐ Check if remittance address is
different from address to the right
-R
efer to Section G.
D. Phone 202-407-1905
16. Signature
17. Offer Date
AWARD (TO BE COMPLETED BY GOVERNMENT)
18. Accepted as to Items Numbered 19. Amount NTE $1,349,179.29 20. Accounting and Appropriation - See Section G
CLINS 0001, 0001a, 0002 and 0003
21. Name of Contracting Officer (Type or Print) 23. Signature of Contracting Officer 23. Award Date
Ebony C. Terrell, Agency Chief Contracting Officer
Debra Gittens
2-25-2026

2
S
ECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST
B.
1 The District of Columbia Office of Contracting and Procurement, on behalf of The Child and Family
Services Agency (CFSA) (the “District”) is seeking a contractor through this request for proposals
(RFP) to provide community-based child welfare services to CFSA clients.
B.
2 The District contemplates multiple awards for firm fixed price contracts with Cost Reimbursement
components. The contractor shall furnish to the District, when and if ordered, the services specified in
B.3 Price Schedule.
B.
3 PRICE SCHEDULE
Contract Line-
Item No. (CLIN)
Item Description Days Per Diem Rate Total
Amount
CLIN 0001 Administrative Allowance * 319 $2,722.84 $868,585.96
CLIN 0001a Administrative Allowance * 1 $2,722.78 $2,722.78
CLIN 0002 Cost Reimbursement (Not-To-
Exceed) **
NTE
$437,870.55
CLIN 0003 Flex Funds *** NTE
$40,000.00
Total Contract Amount NTE $1,349,179.29
*Administrative Allowance is referenced in Attachment J.11 and is included in Schedules 1 and 4.
**Cost Reimbursement is referenced in Attachment J.11 and is included in Schedules 2–6, 9, and 10.
***Flex Funds is referenced in Attachment J.11 and is included in Schedule 8.
B
.3.1 The District may extend the term of this contract for a period of four (4) one-year option
periods. The pricing is determined prior to award of the option period. Prices and ceilings
shall be negotiated in accordance with Section H.19, “Economic Price Adjustment” clause of
the contract.
B.2
An offeror responding to this solicitation that is required to subcontract shall be required to submit with
its proposal, any subcontracting plan required by law. Proposals responding to this RFP may be rejected
if the offeror fails to submit a subcontracting plan that is required by law.
B
.4 LETTER CONTRACT
T
his is the definitized contract, as contemplated by the awarded Letter contracts, DCRL-2025-C- 0034
dated November 15, 2025, through March 13, 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

B.5 ADMINISTRATIVE ALLOWANCE

B.5.1 The Contractor will be paid monthly of the budgeted costs for services/activities provided under CLIN
0001 and 0001a. Attachment J.11 Contractor’s Budget proposal contains the specific items included
under CLIN 0001 and 001a. The Contractor shall not bill for vacant positions.

B.6 COST REIMBURSEMENT METHOD

B.6.1 Cost reimbursement ceiling for this contract is set forth in Section B.3.

B.6.2 The costs for performing the cost reimbursement elements of this contract shall not exceed the cost
reimbursement ceiling specified in Section B.3.

B.6.3 The Contractor shall agree to use its best efforts to perform the work specified in this contract and to
meet all of the cost reimbursable obligations under this contract within the cost reimbursement ceiling.

B.6.4 The Contractor must notify the CO, in writing, whenever it has reason to believe that the total cost for
the performance of the cost reimbursable elements of this contract will be either greater or substantially
less than the cost reimbursement ceilings.
B.6.5 As part of the notification, the Contractor shall provide the CO a revised estimate of the total cost of
performing the cost reimbursable elements of this contract.

B.6.6 The District is not obligated to pay 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
contract (including actions under the Termination clauses of this contract), or otherwise incur costs in
excess of the cost reimbursement ceiling specified in Section B.3, until the CO notifies the Contractor,
in writing, that the estimated cost has been increased and provides revised cost reimbursement ceiling
for performing this contract.

B.6.7 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 pay the Contractor for any costs in excess of the cost reimbursement ceiling, whether such
cost were incurred during the course of the contract performance or as a result of termination.

B.6.8 If any cost reimbursement ceiling, specified in Section B.3 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.6.9 A change order shall not be considered an authorization to exceed the applicable cost reimbursement
ceiling, specified in Section B.3, unless the change order specifically increases the cost reimbursement
ceiling.

B.6.10 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 D.C. Procurement Practices Reform Act of 2010 shall be
reimbursable.

B.6.11 The Contractor will be paid monthly for the costs of services/activities provided under CLIN 0002 after
the services have been provided, paid for and reported to CFSA Accounts Payable Unit subject to
reconciliation/certification via the Cost Reimbursement. Attachment J.11, Contractor’s Budget Proposal
contains the specific items included under CLIN 0002.

B.6.12 The Contractor will be reimbursed for costs that are supported and substantiated by documents within
the amounts set forth in Section B.3. The Cost Reimbursement invoices shall be submitted on a monthly
basis with supporting documentation and will be paid without regard to number of children placed
during the month. The monthly Cost Reimbursement is subject to monthly reconciliation and will be
adjusted, if required.

B.6.13 The Contractor shall not mark-up the cost reimbursement allowable expenses on this contract with
indirect cost of 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 (such as vehicles, computers, or equipment) will become the property of the District of Columbia.

B.6.14 At any time or times before final payment and three (3) years thereafter, the contracting officer may
have the Contractor invoices, vouchers and statements audited. Any payment may be reduced by
amounts found by the Contracting 0fficer (1) not to constitute allowable payment as adjusted for prior
overpayments or underpayments, or (2) not to constitute allowable, allocable, or reasonable costs. This
section is subject to the Disputes provision of the contract.

B.6.15 An offeror responding to this solicitation must submit with its bid, a notarized statement detailing any
subcontracting plan required by law. Proposals responding to this solicitation shall be deemed
nonresponsive and shall be rejected of the contractor fails to submit a subcontracting plan that is
required by law. For contracts in excess of $250,000, at least 35% of the dollar volume of the contract
shall be subcontracted in accordance with Section H.9 as modified by the terms and amount of the
subcontracting waiver approved by the Director of the Department of Small and Local Business
Development (DSLBD) and any subsequent waivers that may be granted by the Director of DSLBD for
the contract.

B.8 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01 et seq.

B.8.1 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
; 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.8.2 If this contract is funded by a federal agency, indirect costs shall be consistent with the
requirements for pass-through entities in 2 C.F.R. § 200.331, or any successor regulations.

B.8.3 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.

**END OF SECTION B**

SECTION C: SPECIFICATIONS/WORK STATEMENT

Please see J.3 - Attachment A.R1 Section C. Specifications/Scope of Work (48 pages)

**END OF SECTION C**

SECTION D: PACKAGING AND MARKING

D.1 The packaging and marking requirements for this contract shall be governed by clause number (2),
Shipping Instructions-Consignment, of the Government of the District of Columbia's Standard Contract
Provisions for use with Supplies and Services Contracts, dated July 2010. (Attachment J.1)

D.1.2 All packages, letters, documents, correspondence and other data or material relating to this contract must
be marked with a corresponding contract number

D.2 MAILING FEES

D.2.1 All postage and or mailing fees connected with performance of this Contract shall be the responsibility
of the Contractor.

**END OF SECTION D**

SECTION E: INSPECTION AND ACCEPTANCE

E.1 The inspection and acceptance requirements for the resultant contract shall be governed by clause
number six (6), Inspection of Services, of the Government of the District of Columbia's Standard
Contract Provisions for use with Supplies and Services Contracts, dated July 2010, (Attachment J.2).

E.2 QUALITY CONTROL

The Contractor is responsible for controlling the quality of services and ensuring that services
conform to the requirements of the contract. The Contractor shall establish procedures and processes
including, but not limited to, inspections to ensure that all contract requirements are met.

E.3 QUALITY ASSURANCE

E.3.1 The Prospective Contractor shall comply with all Quality Assurance methodologies, data,
documentation, reporting requests, audits, surveys and other methodologies as required by CFSA 's
Contracts Monitoring Division and its monitoring approach.

E.3.2 The Prospective Contractor shall designate a staff member to oversee the contract with the selected
provider of the evidence-based models of family preservation and to monitor that the provider has
adhered to the requirements of the contract and to the evidence-based models to ensure fidelity.

E.3.3 The Prospective Contractor shall ensure that the selected provider of the evidence-base models of
family preservation abide by all data collection, documentation and reporting requirements for the
evidence-based models and for the Title IV-E Prevention Plan.

E.3.4 The Prospective Contractor and the selected provider of the evidence-based models of family
preservation services shall participate in all evaluation and time study activities as identified by CFSA
and the evaluators of the Title IV-E Prevention Plan.

E.3.5 The Prospective Contractor shall ensure that the CFSA approved program evaluation and monitors
will have remote read only access at all times to review, evaluate and monitor all program related data
reports. This remote access shall be granted on a continual basis and the Prospective Contractor shall
assist the program evaluators to access all required data reports within the requested time frame.

E.3.6 The Prospective Contractor shall ensure the Title IV-E evaluators shall have remote read access to the
ETO system to evaluate all Title IV-E related program outcomes including the ability to determine
the effectiveness of Title IV-E Prevention Programs on community general and walk-in clients to
validate the efficacy of Title IV-E related programs and interventions.

E.3.7 The Prospective Contractor shall submit an Annual Quality Assurance Plan to include at a minimum
a review of cases to assess compliance with the provisions of the contract and good social work
practice.

**END OF SECTION E**

SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT

The term of the base period shall be from November 15, 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 contract 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 contract 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 contract, including the exercise of any options under this clause, shall not
exceed five years

F.3 DELIVERABLES / MONTHLY REPORTS

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 in accordance
with the following:

DELIVERABLES INFORMATION FREQUENCY DUE DATE
Case Management
Report, Section
C.6.2
Contractor case management
activities
provided to clients served as
per funding by CFSA
contract (family-
specific)
Monthly to
CFSA
5th of
subsequent
month
Coordination of
Supportive
Services Delivery
Report
(Supportive Services
facilitated for
Families)
Detailed data on service
provision requests (referrals);
Detailed data/report on
services facilitated to families
as per funding by
CFSA (family-specific)
Monthly 5th of
subsequent
month

Quarterly Expenditures
Report
All expenditures
(accrued/cash) related
to this contract on a
quarterly basis. See Section
F.5.
Federal Fiscal
Year
(FFY)
quarters
Within forty-
five (45) days of
the end
of each
FFY
quarter
Staffing Report report on Staffing Array:
Vacancies; Personnel
Actions –
Resignations/Suspensio
ns/ Terminations and
New Hires
Monthly to
CFSA
5th of
Subseque
nt Month
Mid-Year Programmatic
Progress Report
Summary of Referral Trends,
Service Delivery, and
Progress on Outcomes
Mid-Year to
CFSA
April 30
Annual Report Programmatic,
Administrative and
Financial Summary to
include Trends, Service
Delivery, Outcomes,
Organizational and Personnel,
and Financial.
Annual to
CFSA
Oct. 31
following
contract year
close
Contractor
Standard Operating
Procedure
Site specific guidelines that
denote daily
operational procedures
Annual and as
revised
January 1
Building Lease Signed agreements
between Contractor and
Building Owner/Landlord
(for CFSA co- located sites)
Annual and as
revised
Original
submission
30 days after
signing
of
contract;
modifications
submitted 7
(seven) days
after final
revisions
Fire/Safety Evacuation
procedure
Contractors plan and
strategy in the event of a fire
or other emergency situation.
Annual and as
revised
Original
submission is
due 30 days
after signing
of contract;
modifications
submitted 7
(seven) days
after final
revisions

F.3.2 The Contractor shall submit to the District, as a deliverable, the report described in section H.5.5 which is
required by the 51% District Residents New Hires Requirements and First Source Employment
Agreement. If the Contractor does not submit the report as part of the deliverables, the District shall not
make final payment to the Contractor pursuant to section G.3.2.
**END OF SECTION F**

SECTION G: CONTRACT ADMINISTRATION

G.1 INVOICE SUBMITTAL

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

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

G.2 INVOICE SUBMITTAL

G.2.1 The Contractor shall create and submit applications for payment in an electronic format through the DC
Vendor Portal, https://vendorportal.dc.gov.

G.2.2 Unless otherwise specified in the Contract, the Contractor shall submit proper invoices on a monthly
basis.

G.2.3 To constitute a proper invoice, the Contractor shall enter all required information into the Portal after
selecting the applicable purchase order number, which is listed on the Contractor’s profile.

G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT

G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and First Source
Employment Agreement requirements, final request for payment must be accompanied by the report or a
waiver of compliance discussed in section H.5.5.

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

G.4 PAYMENT

In accordance with the Quick Payment Act, D.C. Official Code § 2-221.02, payment shall be made
within thirty (30) days from the date of receipt of a properly submitted invoice, after all approvals are
completed as required by the PASS system. CFSA will only pay the Contractor for performing the
services under this contract at the prices stated in Section B.

G.5 ASSIGNMENT OF CONTRACT PAYMENTS

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

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

G.5.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is required to
prepare invoices. Where such an assignment has been made, the original copy of the invoice must refer
to the assignment and must show that payment of the invoice is to be made directly to the assignee as
follows:

“Pursuant to the instrument of assignment dated ___________, make payment of this invoice to (name
and address of assignee).”

G.6 THE QUICK PAYMENT ACT (Feb 2019)

G.6.1 Interest Penalties to Contractors

G.6.1.1 The District will pay interest penalties on amounts due to the Contractor under the Quick Payment Act,
D.C. Official Code § 2-221.01 et seq., as amended, for the period beginning on the day after the required
payment date and ending on the date on which payment of the amount is made. Interest shall be
calculated at the rate of at least 1.5% per month. No interest penalty shall be paid if payment for the
completed delivery of the item of property or service is made on or before the required payment date.
The required payment date shall be:

G.6.1.1.1 The date on which payment is due under the terms of this contract;

G.6.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of delivery of meat or meat
food products;

G.6.1.1.3 Not later than 10 calendar days, excluding legal holidays, after the date of delivery of a perishable
agricultural commodity; or

G.6.1.1.4 30 calendar days, excluding legal holidays, after receipt of a proper invoice for the amount of the
payment due.

G.6.1.2 No interest penalty shall be due to the Contractor if payment for the completed delivery of goods or
services is made on or before:

G.6.1.2.1 3rd day after the required payment date for meat or a meat product;

G.6.1.2.2 5th day after the required payment date for an agricultural commodity; or

G.6.1.2.3 15th day after any other required payment date.

G.6.1.3 Any amount of an interest penalty which remains unpaid at the end of any 30-day period shall be
added to the principal amount of the debt and thereafter interest penalties shall accrue on the added
amount.

G.6.2 Payments to Subcontractors

G.6.2.1 The Contractor shall take one of the following actions within seven (7) days of receipt of any amount
paid to the Contractor by the District for work performed by any subcontractor under the contract:

G.6.2.1.1Pay the subcontractor(s) for the proportionate share of the total payment received from the District that

is attributable to the subcontractor(s) for work performed under the contract; or

G.6.2.1.2 Notify the CO and the subcontractor(s), in writing, of the Contractor’s intention to withhold all or
part of the subcontractor’s payment and state the reason for the nonpayment.

G.6.2.2The Contractor shall pay subcontractors or suppliers interest penalties on amounts due to the
subcontractor or supplier beginning on the day after the payment is due and ending on the date on which
the payment is made. Interest shall be calculated at the rate of at least 1% per month. No interest penalty
shall be paid on the following if payment for the completed delivery of the item of property or service is
made on or before the:

G.6.2.2.1 3rd day after the required payment date for meat or a meat product;

G.6.2.2.2 5th day after the required payment date for an agricultural commodity; or

G.6.2.2.3 15th day after any other required payment date.

G.6.2.3Any 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.6.2.4A dispute between the Contractor and subcontractor relating to the amounts or entitlement of a
subcontractor to a payment or a late payment interest penalty under the Quick Payment Act does not
constitute a dispute to which the District is a party. The District may not be interpleaded in any judicial
or administrative proceeding involving such a dispute.

G.6.3 Subcontract requirements

G.6.3.1The Contractor shall include in each subcontract under this contract a provision requiring the
subcontractor to include in its contract with any lower-tier subcontractor or supplier the payment and
interest clauses required under paragraphs (1) and (2) of D.C. Official Code § 2-221.02(d).

G.6.3.2The Contractor shall include in each subcontract under this contract a provision that obligates the
Contractor, at the election of the subcontractor, to participate in negotiation or mediation as an
alternative to administrative or judicial resolution of a dispute between them.

G.7 CONTRACTING OFFICER (CO)

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

Ebony Terrell
Agency Chief Contracting Officer
Child and Family Services Agency
200 I Street, S.E., Suite 2030
Washington, D.C. 20003 (202) 724-5300

G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

G.8.1 The CO is the only person authorized to approve changes in any of the requirements of this contract.

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

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

G.9 CONTRACT ADMINSTRATOR (CA)

G.9.1 The CA is responsible for general administration of the contract and advising the CO as to the
Contractor’s compliance or noncompliance with the contract. The CA has the responsibility of ensuring
the work conforms to the requirements of the contract and such other responsibilities and authorities as
may be specified in the contract. These include:

G.9.1.1 Keeping the CO fully informed of any technical or contractual difficulties encountered during the
performance period and advising the CO of any potential problem areas under the contract;
G.9.1.2 Coordinating site entry for Contractor personnel, if applicable;

G.9.1.3 Reviewing invoices for completed work and recommending approval by the CO if the Contractor’s
costs are consistent with the negotiated amounts and progress is satisfactory and commensurate with the
rate of expenditure;

G.9.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and services. This
includes the timely processing of invoices and vouchers in accordance with the District’s payment
provisions; and

G.9.1.5 Maintaining a file that includes all contract correspondence, modifications, records of inspections
(site, data, equipment) and invoice or vouchers.

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

Monitoring: Tosin Ogunyoku King
Child and Family Services Agency
200 I Street, S.E. Washington, D.C. 20003
Contracts Monitoring Division Suite 3210
Phone: 202-727-331

The address and telephone number of the CAs are:
Sharafdeen Ibraheem, Deputy Director
Child and Family Services Agency
200 I Street, S.E. Washington, D.C. 20003
Office of Thriving Families
Suite 3612
Sharafdeen.ibraheem@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 contract.

G.9.4 The Contractor will be fully responsible for any changes not authorized in advice, 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.9.5 The Contractor shall comply with the Child and Family Services Agency’s Contracts
Management Division’s (CMD), protocol for monitoring this contract and task order requirements and
deliverables.

G.9.6 The Contractor shall be expected to submit data and quality assurance information that enables the CA
or designee to review the status of service delivery, outcomes and indicators.

G.9.7 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 Contract and task order.

G.9.8 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’s Program Improvement Plan (PIP)

G.10 SEMI-ANNUAL AND ANNUAL EVALUATIONS

The CA will evaluate the Contractor’s performance as it relates to the scope of services on a semi-
annual basis throughout the performance period of this contract. The annual evaluation will compile and
summarize the Contractor’s performance throughout the contract year. All evaluations and Contractor’s
responses will become part of the official contract file for a period of three (3) years and may be used to
document past performance and support source selection decisions.

G.11 ORDERING CLAUSE

G.11.1Any supplies and services to be furnished under this contract must be ordered by issuance of purchase
orders by the CO. Such orders may be issued during the term of this contract.

G.11.2All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of
a conflict between a purchase order or task order and this contract, the contract shall control.

G.11.3If mailed, a purchase order or task order is considered “issued” when the District deposits the order in the
mail. Orders may be issued by facsimile or by electronic commerce methods.

**END OF SECTION G**
17

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, 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 PREGNANT WORKERS FAIRNESS
H.3.1 The Contractor shall comply with the Protecting Pregnant Workers Fairness Act of 2016, D.C.
Official Code § 32-1231.01 et seq. (PPWF Act).

H.3.2 The Contractor shall not:

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

(b) Take an adverse action against an employee who requests or uses a reasonable
accommodation in regard to the employee's conditions or privileges of employment, including
failing to reinstate the employee when the need for reasonable accommodations ceases to the
employee's original job or to an equivalent position with equivalent:

(1) Pay;

(2) Accumulated seniority and retirement;

(3) Benefits; and

(4) Other applicable service credits;

(c) Deny employment opportunities to an employee, or a job applicant, if the denial is based on
the need of the employer to make reasonable accommodations to the known limitations related
to pregnancy, childbirth, related medical conditions, or breastfeeding;

(d) Require an employee affected by pregnancy, childbirth, related medical conditions, or
breastfeeding to accept an accommodation that the employee chooses not to accept if the
employee does not have a known limitation related to pregnancy, childbirth, related medical
conditions, or breastfeeding or the accommodation is not necessary for the employee to perform
her duties;

(e) Require an employee to take leave if a reasonable accommodation can be provided; or

(f) Take adverse action against an employee who has been absent from work as a result of a
pregnancy-related condition, including a pre-birth complication.

H.3.3 The Contractor shall post and maintain in a conspicuous place a notice of rights in both English
and Spanish and provide written notice of an employee's right to a needed reasonable
accommodation related to pregnancy, childbirth, related medical conditions, or breastfeeding
pursuant to the PPWF Act to:

(a) New employees at the commencement of employment;

(b) Existing employees; and

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

H.3.4 The Contractor shall provide an accurate written translation of the notice of rights to any non-
English or non-Spanish speaking employee.

H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.

H.4 UNEMPLOYED ANTI-DISCRIMINATION

H.4.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C.
Official Code § 32-1361 et seq.

H.4.2 The Contractor shall not:

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

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

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

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

H.4.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties as
described in the Act.
H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT

H.5.1 For contracts for services in the amount of $300,000 or more, the 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 of the SCP, Disputes.

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

H.6 FREEDOM OF INFORMATION ACT

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

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 SUBCONTRACTING REQUIREMENTS

H.9.1.1 The Director of the Department of Small and Local Business Development (DSLBD) has
approved a waiver of the mandatory subcontracting requirements for this contract.

H.9.1.2 A prime contractor that is a CBE and has been granted a bid preference pursuant to D.C.
Official Code § 2-218.43, or is selected through a set-aside program, shall perform at least
35% of the contracting effort with its own organization and resources and, if it subcontracts,
35% of the subcontracting effort shall be with CBEs. A CBE prime contractor that performs
less than 35% of the contracting effort shall be subject to enforcement actions under D.C.
Official Code § 2-218.63.

H.9.1.3 A prime contractor that is a certified joint venture and has been granted a bid preference
pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside program, shall
perform at least 50% of the contracting effort with its own organization and resources and, if
it subcontracts, 35% of the subcontracting effort shall be with CBEs. A certified joint
venture prime contractor that performs less than 50% of the contracting effort shall be subject
to enforcement actions under D.C. Official Code § 2-218.63.

H.9.1.4 Each CBE utilized to meet these subcontracting requirements shall perform at least 35% of
its contracting effort with its own organization and resources.

H.9.1.5 A prime contractor that is a CBE and has been granted a bid preference pursuant to D.C.
Official Code § 2-218.43, or is selected through a set-aside program, shall perform at least
50% of the on-site work with its own organization and resources if the contract is $1 million
or less.

H.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 DISTRICT RESPONSIBILITIES

H.111 Staffing Array and Qualifications

H.11.1.1 The Case Management Agency shall staff its program in accordance with licensing
regulations governing these services in the jurisdiction in which the program operates, and
with those outlined in this section.

H.11.1.2 Staff in positions requiring licensed credentials must demonstrate current and active
licensure. The following outlines the staffing qualifications and credentials required for
certain positions within the organization, but does not represent a full staffing array for the
organization:

H.11.1.1.2.A Administrator, Director, or Chief Executive Officer of organization with a Ph.D., Psy.D.,
Ed.D., or Masters in Social Work, Psychology, Public Administration, or related field, and a
minimum of three (3) years experience in management of human services organization. Or,
a Bachelor’s degree and five (5) years experience in management of a human services
organization, with particular focus in child welfare residential work with children and youth.

H.11.1.1.2.B Program Director with a Master’s degree in Social Work, Psychology, Public
Administration, or related field; or, Bachelor’s Degree in relevant field and a minimum of
four (4) years of experience in directing programs serving children or adolescents.

H.11.1.1.2.C Supervisory Social Worker(s) with Master’s Degree in Social Work from a school
accredited by the Council of Social Work Education; and possess a LICSW in the
jurisdiction in which services are provided. Prior casework and/or experience working with
child welfare services preferred.

H.11.1.1.2.D Bilingual Social Workers with Bachelor’s Degree in Social Work from a school
accredited by the Council of Social Work Education, and licensed in the jurisdiction in
which services are being delivered.

H.11.4.1.2.E Case Carrying Personnel or equivalent with Bachelor’s Degree in Social Work or related
field, and one year of experience in services provided to children or youth.

H.11.4.1.2.F The contractor may provide Quality Assurance Services enumerated elsewhere in the
contract utilizing existing staff from within the Contractor’s organization with a Bachelor’s
or Master’s Degree in Public Administration or Policy, Education, Social Work, or a related
field with experience in data collection and quality assurance.

H.11.4.1.2.G The Contractor shall ensure that the following is performed by existing staff within the
Contractor's organization with qualifications:

Educational and Life Skills Coordinator(s) with a minimum of a Bachelor’s Degree in
relevant field of study. Position facilitates tutoring, mentoring, recreation, counseling
services, life skills, and other services beneficial to positive development.

H.11.4.2 Staff Security Requirements

H.11.4.2.1 The Contractor shall conduct routine, pre-employment child protection and criminal
record background checks of the Contractor’s staff and prospective staff to include
consultants and sub-contracts with access to children. All staff, employees, consultants
and sub-contractors must be cleared through the District of Columbia Metropolitan
Police Department, and the jurisdiction in which they will be providing services. The
Contractor must ensure that employees, consultants and subcontractors obtain FBI and
local police clearances every two (2) years or as required by the jurisdiction in which
they will be providing services, and a Child Protection Registry clearance on an annual
basis.

H.11.4.2.2 The Contractor shall not allow unsupervised contact with children by any staff in the
fulfillment of work under this human care agreement unless said person has undergone
both background checks evidencing there are not any convictions of the following:

H.11.4.2.2.1 Child abuse;
H.11.4.2.2.2 Child neglect;
H.11.4.2.2.3 Spousal abuse;
H.11.4.2.2.4 A crime against children, including child pornography;
H.11.4.2.2.5 A crime involving violence, including but not limited to, rape, sexual assault, homicide
and assault;
H.11.4.2.2.6 Or, there is any information that the staff has been identified as a possible abuser or
neglecter in a pending child abuse or neglect case.

H.11.4.2.3 The Contractor shall screen new employees for drug and alcohol abuse, and then
conduct subsequent, continuous testing on a random basis.

H.11.4.2.4 The Contractor shall terminate any staff for which an allegation of any of the following
has been substantiated:

H.11.4.2.4.1 Neglect of children;
H.11.4.2.4.2 Physical abuse of children, families or staff members;
H.11.4.2.4.3 Sexual abuse or harassment of children, families or staff members;
H.11.4.2.4.4 Verbal or emotional abuse of children, families or staff members;
H.11.4.2.4.5 Drug or alcohol use on the premises or with children and families, or such that the staff
is under the influence while on duty;
H.11.4.2.4.6 Failure to report any allegation of child abuse and/or neglect to CFSA and to the
appropriate law enforcement or social service agency in the jurisdiction in which the
allegation occurred.

H.11.4.2.5 The Contractor shall place a staff on suspension or administrative leave and bar access to
children or youth following an allegation, and during the time of investigation into those
criteria listed in above in Section H.9.4.2.4 of this agreement.

H.11.4.2.6 CFSA will consider as sufficient cause for placement restriction, and possible result in
HCA termination, the Contractor’s failure to dismiss employees for the conditions listed
in Section H.9.4.2.4 of this agreement.

H.11.4.2.7 CFSA retains the right to make additional recommendations on staffing security issues
that may come to its attention during staff record reviews.

H.11.4.3 Staff Training and Development

H.11.4.3.1 The Contractor shall ensure staff can effectively perform the roles and responsibilities
associated with their positions. The Contractor shall ensure that Social Workers, Social
Worker Aides/Assistants and Supervisory Social Workers are trained in accordance with
and in compliance with CWTA Policy required for pre-service and in-service training.

H.11.4.3.1.A New Social Workers and social worker aids/assistants shall receive the required 80 hours
of pre-service training through a combination of classroom and on-the-job training in
assigned units prior to accepting case responsibility.

H.11.4.3.1.B New Supervisors shall receive a minimum of 40 hours or pre-service training on
supervision of child welfare workers within three months of assuming supervisory
responsibility.

H.11.4.3.1.C Previously Hired staff shall receive annually a minimum of 20 hours of structured in-
service training geared toward professional development and specific core and advanced
competencies. Contractors may take advantage of CFSA’s provision of this training, or
may elect to obtain the training elsewhere. Documentation must be provided to CFSA
with details of any training obtained by institutions/organizations other than CFSA. Any
costs borne by the Contractor associated with the training should be paid for via the
Combined Services Item.

H.11.4.3.1.D Supervisors, Program Managers and Directors shall receive annually a minimum of 20
hours of structured in-service training.

H.11.4.3.2 The Contractor shall maintain training records, including name and credentials of
trainers, staff attendance and copies of the curriculum.

H.11.4.4 Caseload Parameters

H.11.4.4.1 The Contractor shall assign caseloads to each Case Worker of up to fifteen (15) cases per
Case Worker. The Contractor may maintain caseloads with fewer cases, but the parameters shall serve
as the maximum numbers allowable.

H.12 CONTRACTOR RESPONSIBILITIES

H.12 CLIENT RECORDS

The client records (with all documents and related volumes) of each client placed with the
Contractor during the term of this agreement shall remain the exclusive property of the
District/CFSA.

H.12.1 CLOSED CLIENT RECORDS

The Contractor shall provide the District/CFSA with all documents and related original client record
volumes for each client formerly placed with the Contractor within thirty (30) days of conclusion of
services. The Contractor shall provide the District/CFSA with all documents and related original
client record volumes for each client placed with the Contractor within thirty (30) days of
termination of the agreement. The Contractor shall provide a master listing of all closed hard copy
client records for each client formerly placed with the Contractor and being transferred back to the
District/CFSA at the time of transfer. The listing shall consist of the client’s name, FACES case
number, number of volumes, and the date of closure.

H.13 HIPAA BUSINESS ASSOCIATE COMPLIANCE

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

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

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

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

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

b. Covered Entity means a health plan, a health care clearinghouse, or a health care provider
who transmits any health information in electronic form in connection with a transaction
covered by 45 5.F.R. Parts 160 and 164 of HIPAA. With respect to this HIPAA
Compliance Clause, Covered Entity shall also include the designated health care
components of the District government’s hybrid entity or a District agency following
HIPAA best practices.
c. Data Aggregation means, with respect to Protected Health Information created or received
by a business associate in its capacity as the business associate of a covered entity, the
combining of such Protected Health Information by the business associate with the
Protected Health Information received by the business associate in its capacity as a
business associate of another covered entity, to permit data analyses that relate to the
health care operations of the respective covered entities.
d. Designated Record Set means a group of records maintained by or for the Covered Entity
that are:
i. The medical records and billing records about individuals maintained by or for a covered
health care provider;
ii. The enrollment, payment, claims adjudication, and case or medical management record
systems maintained by or for a health plan; or
iii. Records used, in whole or in part, by or for the Covered Entity to make decisions about
individuals.
e. Health Care means care services, or services, or supplies related to the health of an
individual. Health care includes, but is not limited to, the following:
i. Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, and
counseling, service, assessment, or procedure with respect to the physical or mental
condition, or functional status, of an individual or that affects the structure or function of
the body; and
i. Sale or dispensing of a drug, device, equipment, or other item in accordance with the
prescription.
f. Health Care Components means a component or a combination of components of a
hybrid entity designated by a hybrid entity. Health Care Components must include non-
covered functions that provide services to the covered functions for the purpose of
facilitating the sharing of Protected Health Information with such functions of the hybrid
entity without business associate agreements or individual authorizations.

g. Health Care Operations shall have the same meaning as the term “health care operations”
in 45 5.F.R. § 164.501.
h. Hybrid Entity means a single legal entity that is a covered entity and whose business
activities include both covered and non-covered functions, and that designates health care
components in accordance with 45 5.F.R. § 164.105(a)(2)(iii)(C). A Hybrid Entity is
required to designate as a health care component, any other components of the entity that
provide services to the covered functions for the purpose of facilitating the sharing of
Protected Health Information with such functions of the hybrid entity without business
associate agreements or individual authorizations. The District of Columbia is a Hybrid
Covered Entity. Hybrid Entities are required to designate and include functions, services
and activities within its own organization, which would meet the definition of Business
Associate and irrespective of whether performed by employees of the Hybrid Entity, as
part of its health care components for compliance with the Security Rule and privacy
requirements under this Clause.
i. Record shall mean any item, collection, or grouping of information that includes Protected
Health Information and is maintained, collected, used, or disseminated by or for the
Covered Entity.
j. Individual shall have the same meaning as the term “individual” in 45 5.F.R. § 164.501
and shall include a person who qualifies as a personal representative in accordance with 45
5.F.R. § 164.502(g).
k. Individually Identifiable Health Information is information that is health information,
including demographic information collected from an individual, and;
i. Is created or received by a health care provider, health plan, employer, or health care
clearinghouse;
ii. Relates to the past, present, or future physical or mental health or condition of an
individual; or the past, present, or future payment for the provision of health care to an
individual; and
iii. That identifies the individual or with respect to which there is a reasonable basis to
believe the information can be used to identify the individual.
l. National Provider Identifier (NPI) Rule. “National Provider Identifier” shall mean the
Standard Unique Health Identifier for Healthcare Providers; Final Rule at 45 5.F.R. Part
162.
m. Privacy and Security Official. The person or persons designated by the District of
Columbia, a Hybrid Entity, who is/are responsible for developing, maintaining,
implementing and enforcing the District-wide Privacy Policies and Procedures, and for
overseeing full compliance with the Privacy and Security Rules, and other applicable
federal and state privacy law.
n. Privacy Officer. “Privacy Officer” shall mean the person designated by the District’s
Privacy and Security Official or one of the District’s covered components within its
Hybrid Entity, who is responsible for overseeing compliance with the Covered Agency’s
Privacy Policies and Procedures, the HIPAA Privacy Regulations, HIPAA Security
Regulations and other applicable federal and state privacy law(s). Also referred to as the
agency Privacy Officer, the individual shall follow the guidance of the District’s Privacy
and Security Official, and shall be responsive to and report to the District’s Privacy and
Security Official on matters pertaining to HIPAA compliance.
o. Privacy Rule. “Privacy Rule” shall mean the Standards for Privacy of Individually
Identifiable Health Information at 45 5.F.R. part 160 and part 164, subparts A and E.
p. Protected Health Information. “Protected Health Information” (PHI) or “Electronic
Protected Health Information” (ePHI) means individually identifiable health information
that is created or received by the Business Associate from or on behalf of the Covered
Entity, or agency following HIPAA best practices, which is:
i. Transmitted by, created or maintained in electronic media; or

ii. Transmitted or maintained in any other form or medium.
PHI does not include information in the records listed in subsection (2) of the definition in 45 5.F.R.
§160.103.Required By Law. “Required By Law” shall have the same meaning as the term “required by law” in
45 5.F.R. § 164.103.
q. Secretary. “Secretary” shall mean the Secretary of the United States Department of Health
and Human Services or his or her designee.
r. Security Officer. The person designated by the Security Official or one of the District of
Columbia’s designated health care components, who are responsible for overseeing
compliance with the Covered Agency’s Privacy Policies and Procedures, the Security
Rules, and other applicable federal and state privacy law(s). The Covered Agency’s
security officer shall follow the guidance of the District’s Security Official, as well as the
Associate Security Official within the Office of the Chief Technology Officer, and shall be
responsive to the same on matters pertaining to HIPAA compliance.
s. Security Rule. “Security Rule” shall mean the Standards for Security of Individually
Identifiable Health Information at 45 5.F.R. part 164.
t. Workforce. “Workforce” shall mean employees, volunteers, trainees, and other persons
whose conduct, in the performance of work for a covered entity or business associate, is
under the direct control of such entity, whether or not they are paid by the covered entity
or business associate.
2. Obligations and Activities of Business Associate
a. The Business Associate agrees not to use or disclose PHI or ePHI (hereinafter “PHI” or
Protected Health Information”) other than as permitted or required by this HIPAA
Compliance Clause or as required by law.
b. The Business Associate agrees to use appropriate safeguards and comply with
administrative, physical, and technical safeguards requirements in 45 5.F.R. §§ 164.308,
164.310, 164.312 and 164.316 as required by § 13401 of the Health Information
Technology Economic and Clinical Health ACT (February 18, 2010) (“HITECH”), to
maintain the security of the PHI and to prevent use or disclosure of such PHI other than
as provided for by this Clause. Business Associate acknowledges that, pursuant to
HITECH, it must comply with the Security Rule and privacy provisions detailed in this
Clause. As such, Business Associate is under the jurisdiction of the United States
Department of Health and Human Services and is directly liable for its own compliance.
A summary of HIPAA Security Rule standards, found at Appendix A to Subpart C of 45
5.F.R. § 164 is as follows:
Administrative Safeguards

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

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

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

Security Awareness and Training 164.308(a)(5) Security Reminders (A)

Protection from Malicious Software (A)
Log-in Monitoring (A)
Password Management (A)

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

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

Physical Safeguards

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

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

Technical Safeguards (see § 164.312)

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

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

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

b. The Business Associate agrees to name a Privacy and/or Security Officer who is accountable for
developing, maintaining, implementing, overseeing the compliance of and enforcing compliance
with this Clause, the Security Rule and other applicable federal and state privacy law within the
Business Associate’s business. The Business associate reports violations and conditions to the
District-wide Privacy and Security Official and/or the Agency Privacy Officer of the covered
component within the District’s Hybrid Entity.
c. The Business Associate agrees to establish procedures for mitigating, and to mitigate to the
extent practicable, any deleterious effects that are known to the Business Associate of a use or
disclosure of PHI by the Business Associate in violation of the requirements of this Clause.
d. The Business Associate agrees to report to Covered Entity, in writing, any use or disclosure of
the PHI not permitted or required by this HIPAA Compliance Clause or other incident or
condition arising out the Security Rule, including breaches of unsecured PHI as required at 45
CFR §164.410, to the District-wide Privacy and Security Official or agency Privacy Officer
within ten (10) days from the time the Business Associate becomes aware of such unauthorized
use or disclosure. However, if the Business Associate is an agent of the District (i.e., performing
delegated essential governmental functions), the Business Associate must report the incident or
condition immediately. Upon the determination of an actual data breach, and in consultation
with the District’s Privacy and Security Official, the Business Associate will handle breach
notifications to individuals, the HHS Office for Civil Rights (OCR), and potentially the media,
on behalf of the District.
e. The Business Associate agrees to ensure that any workforce member or any agent, including a
subcontractor, agrees to the same restrictions and conditions that apply through this Clause with
respect to PHI received from the Business Associate, PHI created by the Business Associate, or
PHI received by the Business Associate on behalf of the Covered Entity.
f. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any
subcontractors that create, receive, maintain, or transmit PHI on behalf of the Business Associate
agree to the same restrictions, conditions, and requirements that apply to the Business Associate
with respect to such information
g. Initially, within ten (10) days following the commencement of this Contract, or within ten (10)
days of a new or updated agreement with a subcontractor, the Business Associate agrees to
provide the District a list of all subcontractors who meet the definition of a Business Associate.
Additionally, Business Associate agrees to ensure its subcontractors understanding of liability
and monitor, where applicable, compliance with the Security Rule and applicable privacy
provisions in this Clause.
h. The Business Associate agrees to provide access within five business days, at the request of the
Covered Entity or an Individual, at a mutually agreed upon location, during normal business
hours, and in a format as directed by the District Privacy Official or agency Privacy Officer, or
as otherwise mandated by the Privacy Rule or applicable District of Columbia laws, rules and
regulations, to PHI in a Designated Record Set, to the Covered Entity or an Individual, to
facilitate the District’s compliance with the requirements under 45 5.F.R. §164.524.
i. The Business Associate agrees to make any amendment(s) within five business days to the PHI
in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR
164.526 in a format as directed by the District Privacy Official or agency Privacy Officer in
order to facilitate the District’s compliance with the requirements under 45 5.F.R. §164.526.
j. The Business Associate agrees to use the standard practices of the Covered Entity to verify the
identification and authority of an Individual who requests the PHI in a Designated Record Set of
a recipient of services from or through the Covered Entity. The Business Associate agrees to
comply with the applicable portions of the Identity and Procedure Verification Policy attached 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 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.

u. Except as otherwise limited in this HIPAA Compliance Clause, the Business Associate may use
PHI to provide Data Aggregation services to the Covered Entity as permitted by 45 5.F.R. §
164.504(e)(2)(i)(B).
v. Business Associate may use PHI to report violations of the Law to the appropriate federal and
District of Columbia authorities, consistent with 45 5.F.R. § 164.502(j)(1).
1. Additional Obligations of the Business Associate
b. Business Associate shall submit a written report to the Covered Entity that identifies the files and
reports that constitute the Designated Record Set of the Covered Entity. Business Associate
shall submit said written report to the Privacy Officer no later than thirty (30) days after the
commencement of the HIPAA Compliance Clause. In the event that Business Associate utilizes
new files or reports which constitute the Designated Record Set, Business Associate shall notify
the Covered Entity of said event within thirty (30) days of the commencement of the file’s or
report’s usage. The Designated Record Set file shall include, but not be limited to the identity of
the following:
i. Name of the Business Associate of the Covered Entity;
ii. Title of the Report/File;
iii. Confirmation that the Report/File contains Protected Health Information (Yes or No);
iv. Description of the basic content of the Report/File;
v. Format of the Report/File (Electronic or Paper);
vi. Physical location of Report/File;
vii. Name and telephone number of current member(s) of the workforce of the Covered
Entity or other District of Columbia government agency responsible for receiving and
processing requests for Protected Health Information; and
viii. Supporting documents if the recipient/personal representative has access to the
Report/File.

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

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

vi. With respect to the subset of PHI known as ePHI as defined by HIPAA Security
Standards at 45 5.F.R. Parts 160 and 164, subparts A and C (the "Security Rule"), if in
performing the Services, Business Associate, its employees, agents, subcontractors and
any other individual permitted by Business Associate will have access to any computer
system, network, file, data or software owned by or licensed to Provider that contains
ePHI, or if Business Associate otherwise creates, maintains, or transmits ePHI on
Provider’s behalf, Business Associate shall take reasonable security measures necessary

to protect the security of all such computer systems, networks, files, data and software.
With respect to the security of ePHI, Business Associate shall: (A) Implement
administrative, physical and technical safeguards that reasonably and appropriately
protect the confidentiality, integrity, and availability of the ePHI that it creates, receives,
maintains, or transmits on behalf of the Provider; (B) Ensure that any agent, including a
subcontractor, to whom it provides such information agrees to implement reasonable and
appropriate safeguards to protect it; and (C) Report to the Provider any security incident
of which it becomes aware.

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

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

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

5. Sanctions

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

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

b. The Covered Entity shall notify the Business Associate of any changes in, or revocation of,
permission by the Individual to the use or disclosure of PHI, to the extent that such changes may
affect the use or disclosure of PHI by the Business Associate.
c. The Covered Entity shall notify the Business Associate of any restriction to the use or disclosure
of PHI that the Covered Entity has agreed to in accordance with 45 5.F.R. § 164.522, to the
extent that such restriction may affect the use or disclosure of PHI by the Business Associate.

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

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

a. That it is duly organized, validly existing, and in good standing under the laws of the jurisdiction
in which it is organized or licensed, it has the full power to enter into this HIPAA Compliance
Clause and it, its employees, agents, subcontractors, representatives and members of its
workforce are licensed and in good standing with the applicable agency, board, or governing
body to perform its obligations hereunder, and that the performance by it of its obligations under
this HIPAA Compliance Clause has been duly authorized by all necessary corporate or other
actions and will not violate any provision of any license, corporate charter or bylaws;
b. That it, its employees, agents, subcontractors, representatives and members of its workforce are
in good standing with the District of Columbia, that it, its employees, agents, subcontractors,
representatives and members of its workforce will submit a letter of good standing from the
District of Columbia, and that it, its employees, agents, subcontractors, representatives and
members of its workforce have not been de-barred from being employed as a contractor by the
federal government or District of Columbia;
c. That neither the execution of this HIPAA Compliance Clause, nor its performance hereunder,
will directly or indirectly violate or interfere with the terms of another agreement to which it is a
party, or give any governmental entity the right to suspend, terminate, or modify any of its
governmental authorizations or assets required for its performance hereunder. The Business
Associate represents and warrants to the Covered Entity that it will not enter into any agreement
the execution or performance of which would violate or interfere with this HIPAA Compliance
Clause;
d. That it is not currently the subject of a voluntary or involuntary petition in bankruptcy, does not
currently contemplate filing any such voluntary petition, and is not aware of any claim for the
filing of an involuntary petition;
e. That all of its employees, agents, subcontractors, representatives and members of its workforce,
whose services may be used to fulfill obligations under this HIPAA Compliance Clause are or
shall be appropriately informed of the terms of this HIPAA Compliance Clause and are under
legal obligation to the Business Associate, by contract or otherwise, sufficient to enable the
Business Associate to fully comply with all provisions of this HIPAA Compliance Clause.
Modifications or limitations that the Covered Entity has agreed to adhere to with regards to the
use and disclosure of PHI of any individual that materially affects or limits the uses and
disclosures that are otherwise permitted under the Privacy Rule will be communicated to the
Business Associate, in writing, and in a timely fashion;
f. That it will reasonably cooperate with the Covered Entity in the performance of the mutual
obligations under this Contract;
g. That neither the Business Associate, nor its shareholders, members, directors, officers, agents,
subcontractors, employees or members of its workforce have been excluded or served a notice of
exclusion or have been served with a notice of proposed exclusion, or have committed any acts

which are cause for exclusion, from participation in, or had any sanctions, or civil or criminal
penalties imposed under, any federal or District healthcare program, including but not limited to
Medicare or Medicaid, or have been convicted, under federal or District law (including without
limitation following a plea of nolo contendere or participation in a first offender deferred
adjudication or other arrangement whereby a judgment of conviction has been withheld), of a
criminal offense related to (a) the neglect or abuse of a patient, (b) the delivery of an item or
service, including the performance of management or administrative services related to the
delivery of an item or service, under a federal or District healthcare program, (c) fraud, theft,
embezzlement, breach of fiduciary responsibility, or other financial misconduct in connection
with the delivery of a healthcare item or service or with respect to any act or omission in any
program operated by or financed in whole or in part by any federal, District or local government
agency, (d) the unlawful, manufacture, distribution, prescription or dispensing of a controlled
substance, or (e) interference with or obstruction of any investigation into any criminal offense
described in (a) through (d) above. The Business Associate further agrees to notify the Covered
Entity immediately after the Business Associate becomes aware that any of the foregoing
representations and warranties may be inaccurate or may become incorrect
9. Term and Termination
a. Term. The requirements of this HIPAA Compliance Clause shall be effective as of the date of
the contract award, and shall terminate when all of the PHI provided by the Covered Entity to the
Business Associate, or created or received by the Business Associate on behalf of the Covered
Entity, is confidentially destroyed or returned to the Covered Entity within five (5) business days
of its request. The PHI shall be returned in a format mutually agreed upon by and between the
Privacy Official and/or Privacy Officer or his or her designee and the appropriate and duly
authorized workforce member of the Business Associate.; If it is infeasible to return or
confidentially destroy the PHI, protections shall be extended to such information, in accordance
with the termination provisions in this Section and communicated to the Privacy Official or
Privacy Officer or his or her designee. The requirement to return PHI to the District at the end of
the contract term or if the contract is terminated applies irrespective of whether the Business
Associate is also a covered entity under HIPAA. Where a business associate is also a covered
entity, PHI provided by the District, or created or received by the Business Associate on behalf
of the District, a duplicate of the record may be acceptable if mutually agreed.
b. Termination for Cause. Upon the Covered Entity's knowledge of a material breach of this
HIPAA Compliance Clause by the Business Associate, the Covered Entity shall either:
i. Provide an opportunity for the Business Associate to cure the breach or end the violation
and terminate the Contract if the Business Associate does not cure the breach or end the
violation within the time specified by the Covered Entity; or
ii. Immediately terminate the Contract if the Business Associate breaches a material term of
this HIPAA Compliance Clause and a cure is not possible.
If neither termination nor cure is feasible, the Covered Entity shall report the violation to the Secretary.
c. Effect of Termination.
i. Except as provided in paragraph (ii) of this section, upon termination of the Contract, for
any reason, the Business Associate shall return in a mutually agreed upon format or
confidentially destroy all PHI received from the Covered Entity, or created or received
by the Business Associate on behalf of the Covered Entity within five (5) business days
of termination. This provision shall apply to PHI that is in the possession of all
subcontractors, agents or workforce members of the Business Associate. The Business
Associate shall retain no copies of PHI in any form.
ii. In the event that the Business Associate determines that returning or destroying the PHI
is infeasible, the Business Associate shall provide written notification to the Covered
Entity of the conditions that make the return or confidential destruction infeasible. Upon
determination by the agency Privacy Officer that the return or confidential destruction of
the PHI is infeasible, the Business Associate shall extend the protections of this HIPAA

Compliance Clause to such PHI and limit further uses and disclosures of such PHI for so
long as the Business Associate maintains such PHI. Additionally, the Business
Associate shall:
(1) Retain only that PHI which is necessary for Business Associate to continue its proper
management and administration or to carry out its legal responsibilities;
(2) Return to covered entity, or, if agreed to by covered entity, destroy the remaining PHI that
the business associate still maintains in any form;
(3) Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164
with respect to ePHI to prevent use or disclosure of the PHI, other than as provided for in
this Section, for as long as Business Associate retains the PHI;
(4) Not use or disclose the PHI retained by Business Associate other than for the purposes for
which such PHI was retained and subject to the same conditions set out at 45 5.F.R. §
164.502(j)(1) which applied prior to termination; and
(5) Return to covered entity or, if agreed to by covered entity, destroy the PHI retained by
Business Associate when it is no longer needed by Business Associate for its proper
management and administration or to carry out its legal responsibilities.

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

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

Exhibit A Identity and Procedure Verification

H.14 CRIMINAL BACKGROUND AND TRAFFIC RECORDS CHECKS FOR
CONTRACTORS THAT PROVIDE DIRECT SERVICES TO CHILDREN OR YOUTH

H.14.1 A contractor that provides services as a covered child or youth services provider, as defined in

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

H.14.2 The Contractor shall also obtain traffic records to investigate persons applying for employment,
as well as current employees and volunteers, when that person will be required to drive a motor
vehicle to transport children in the course of performing his or her duties. The Contractor shall
request traffic records for the following positions: any position that may have direct or
unsupervised contact with any CFSA children or youth.

H.14.3 The Contractor shall inform all applicants requiring a criminal background check that a criminal
background check must be conducted on the applicant before the applicant may be offered a
compensated position or an unsupervised volunteer position.

H.14.4 The Contractor shall inform all applicants requiring a traffic records check that a traffic records
check must be conducted on the applicant before the applicant may be offered a compensated
position or a volunteer position.

H.14.5 The Contractor shall obtain from each applicant, employee and unsupervised volunteer:

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

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

4) a written acknowledgement stating that the Contractor has notified them that they are entitled
to receive a copy of the criminal background check and to challenge the accuracy and
completeness of the report; and

5) a written acknowledgement stating that the Contractor has notified them that they may be
denied employment or a volunteer position, or may be terminated as an employee or volunteer
based on the results of the criminal background check.

H.14.6 The Contractor shall inform each applicant, employee and unsupervised volunteer that a false
statement may subject them to criminal penalties.

H.14.7 Prior to requesting a criminal background check, the Contractor shall provide each applicant,
employee, or unsupervised volunteer with a form or forms to be utilized for the following
purposes:

A. To authorize the Metropolitan Police Department (MPD), or designee, to conduct the
criminal background check and confirm that the applicant, employee, or unsupervised
volunteer has been informed that the Contractor is authorized and required to conduct a
criminal background check;

B. To affirm whether or not the applicant, employee, or unsupervised volunteer has been
convicted of a crime, has pleaded nolo contendere, is on probation before judgment or
placement of a case upon a stet docket, or has been found not guilty by reason of insanity for
any sexual offenses or intra-family offenses in the District or their equivalent in any other state
or territory of the United States, or for any of the felony offenses described in paragraph
H.11.5(C);

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

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

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

H.14.8 The Contractor shall direct the applicant or employee to complete the form or forms and notify
the applicant or employee when and where to report to be fingerprinted.

H.14.9 Unless otherwise provided herein, the Contractor shall request criminal background checks from
the Chief, MPD (or designee), who shall be responsible for conducting criminal background
checks, including fingerprinting.

H.14.10 The Contractor shall request traffic record checks from the Director, Department of Motor
Vehicles DMV) (or designee), who shall be responsible for conducting traffic record checks.

H.14.11 The Contractor shall provide copies of all criminal background and traffic check reports to the
CA within one business day of receipt.

H.14.12 The Contractor shall pay for the costs for the criminal background and traffic record checks,
pursuant to the requirements set forth by the MPD and DMV. The District shall not make any
separate payment for the cost of criminal background and traffic record checks.

H.14.13 The Contractor may make an offer of appointment to, or assign a current employee or applicant
to, a compensated position contingent upon receipt from the CO of the CA’s decision after his or
her assessment of the criminal background or traffic record check.

H.14.14 The Contractor may not make an offer of appointment to an unsupervised volunteer whose
position brings him or her into direct contact with children until it receives from the contracting
officer the CA’s decision after his or her assessment of the criminal background or traffic record
check.

H.14.15 The Contractor shall not employ or permit to serve as an unsupervised volunteer an applicant or
employee who has been convicted of, has pleaded nolo contendere to, is on probation before
judgment or placement of a case on the stet docket because of, or has been found not guilty by
reason of insanity for any sexual offenses involving a minor.

H.14.16 Unless otherwise specified herein, the Contractor shall conduct periodic criminal background
checks upon the exercise of each option year of this contract for current employees and
unsupervised volunteer in the positions listed in sections H.11.1 and H.11.2.

H.14.17 An employee or unsupervised volunteer may be subject to administrative action including, but
not limited to, reassignment or termination at the discretion of the CA after his or her assessment
of a criminal background or traffic record check.

H.14.18 The CA shall be solely responsible for assessing the information obtained from each criminal
background and traffic records check report to determine whether a final offer may be made to
each applicant or employee. The CA shall inform the CO of its decision, and the CO shall inform
the Contractor whether an offer may be made to each applicant.

H.14.19 If any application is denied because the CA determines that the applicant presents a present
danger to children or youth, the Contractor shall notify the applicant of such determination and
inform the applicant in writing that she or he may appeal the denial to the Commission on
Human Rights within thirty (30) days of the determination.

H.14.20 Criminal background and traffic record check reports obtained under this section shall be
confidential and are for the exclusive use of making employment-related determinations. The
Contractor shall not release or otherwise disclose the reports to any person, except as directed by
the CO.

H.15 STAFF CLEARANCES

H.15.1 The Contractor shall ensure that all staff, sub-contractors, and or volunteers have been cleared
through the Child Protection Registry where they have resided, been employed or had significant
contact with for the past ten years. Child Protective Registry (CPR) clearances must be up-dated
annually.

H.15.2 The Contractor shall ensure that all staff, sub-contractors, and or volunteers have been cleared
through the Federal Bureau of Investigation and the Local Police Department (s) in the
jurisdiction in which they have resided for the five (5) years prior to the employment under this
contract.

H.15.3 The contractor shall ensure that all direct staff including but not limited to consultants do not
have any prior criminal record of convictions for child abuse, neglect, molestation, rape, sexual
abuse, drug usage, drug involvement, felony conviction, or any crime pertaining to children.
Anyone found to have such conviction shall be terminated immediately. Certification of such
action is to be provided to the Agency within five (5) days

H.15.4 Within thirty (30) days of contract award and whenever new staff or volunteers are recruited, the
Contractor shall submit to the CA a copy of their Criminal and Child Protection Registry
Clearance to ensure that staff do not possess any neglect abuse or criminal history.

H.15.5 Within thirty (30) days of contract award and whenever new staff or volunteers are recruited, the
Contractor shall submit to the CA a copy of the current health certificates for each person to
establish the absence of any communicable diseases.

H.16 RECORD MAINTENANCE

H.16.1 The Contractor shall maintain written job descriptions covering all positions funded under the
contract, as well as for those occupied by sub-contractors and volunteers. The job descriptions
will include education, experience, and/or licensing/certification criteria, description of duties
and responsibilities and performance evaluation criteria. Such documentation must be
maintained at all times and be available for inspection by CFSA officials upon request.

H.16.2 The Contractor shall maintain a current organization chart for all functions funded under the
Contract, which displays organizational relationships and demonstrates who has the
responsibility for administrative oversight and program supervision. Such documentation must
be maintained at all times and be available for inspection by CFSA officials upon request.

H.17 INDEMNIFICATION

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

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

H.18 SEXUAL HARASSMENT

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

H.19 ECONOMIC PRICE ADJUSTMENT

H.19.1 The Contractor shall submit a single price for CLIN’s 0001 - 0002 of the contract base period.
The District will adjust the prices either, upward or downward, as appropriate. Adjustments
shall only be made annually at the time of exercise of options.

H.19.2 The District shall use the most current data available for the Consumer Price Index for all Urban
Consumers (CPI-U) U.S. city average, All Items category, not seasonally adjusted.

H.19.3 CPIs do not correspond to a specific day, week or month but are for a single month and there is
about a two-week lag from the reference month to the date on which the index is released (that
is, the CPI for May is released in mid-June).

H.19.4 The following formula and index shall be used to determine the level of adjustment to the current
contract price. The price at the date of contract award shall be the reference period from which
changes in the CPI-U will be measured. The revised price shall be calculated as follows:

H.19.4.1 CPI-U at time of adjustment, divided by the CPI-U, all items category at time of contract award,
multiplied by the unit price will equal the adjusted unit price.

H.19.4.2 The increased contract unit price shall be effective on the effective date of the option term.
H.19.4.3 The Contracting Officer shall modify this contract:
(1) to include the price adjustment and its effective date and
(2) to revise the unit prices
H.19.4.4 Any price adjustment under this clause is subject to the following limitations:
(1) Any adjustment shall be limited to the effect on unit prices of the increases or
decreases in the unit prices as shown in the Price Schedule.

(2) The aggregate of the increases in any contract unit price made under this clause
shall not exceed five percent of the original unit price. There is no percentage
limitation on the amount of decreases that may be made under this clause.

H.19.4.5 The Contracting Officer may examine the Contractor’s books, records, and other supporting data
relevant to the cost of labor (including fringe benefits) and material during all reasonable times
until the end of the 5 years after the date of payment under this contract.

H.20 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.21 USE OF DISTRICT FUNDS

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

coerce participants or subject participants to any consequences for not participating in any
religious or faith-based programs offered by a contractor or provider.

H.22 UNEMPLOYED ANTI-DISCRIMINATION

H.22.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C.
Official Code § 32-1361 et seq.

H.22.2 The Contractor shall not:

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

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

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

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

H.22.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties as
described in the Act.

H.23 AUDITS AND RECORDS

H.23.1 Records. As used in this clause, “records” includes books, documents, accounting procedures
and practices, and other data, regardless of type and regardless of whether such items are in
written form, in the form of computer data, or in any other form.

H.23.2 Examination of Costs: If this is a cost-reimbursement, incentive, time-and-materials, labor-
hour, or price re-determinable contract, or any combination of these, the Contractor shall
maintain and the Contracting Officer, or an authorized representative of the Contracting Officer,
shall have the right to examine and audit all records and other evidence sufficient to reflect
properly all costs claimed to have been incurred or anticipated to be incurred directly or
indirectly in performance of this contract. This right of examination shall include inspection at
all reasonable times of the Contractor’s plants, or parts of them, engaged in performing the
contract.

H.23.3 Cost or Pricing Data: The Contractor shall submit cost or pricing data in connection with any
pricing action relating to this contract, the Contracting Officer, or an authorized representative of
the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost
or pricing data, shall have the right to examine and audit all of the Contractor’s records,
including computations and projections, related to:

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

H.23.4 Comptroller General

H.23.4.1 The Comptroller General of the United States, or an authorized representative, shall have access
to and the right to examine any of the Contractor’s directly pertinent records involving
transactions related to this contract or a subcontract hereunder.

H.23.4.2 This paragraph may not be construed to require the Contractor or subcontractor to create or
maintain any record that the Contractor or subcontractor does not maintain in the ordinary course
of business or pursuant to a provision of law

H.23.4.3 Reports: If the Contractor is required to furnish cost, funding, or performance reports, the
Contracting Officer or an authorized representative of the Contracting Officer shall have the
right to examine and audit the supporting records and materials, for the purpose of evaluating:

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

H.23.4.4 Availability: The Contractor shall make available at its office at all reasonable times the records,
materials, and other evidence described in clauses H.21.1 – H.21.4.3, for examination, audit, or
reproduction, until three (3) years after final payment under this contract or for any shorter
period specified in the solicitation, or for any longer period required by statute or by other
clauses of this contract. In addition:

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

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

H.23.4.5 The Contractor shall insert a clause containing all the terms of this clause, including this section
H.21.4.5, in all subcontracts under this contract that exceed the small purchase threshold of
$100,000, and:

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

H.24 MANDATORY, UNUSUAL, AND MAJOR INCIDENT REPORTING

H.24.1 MANDATORY INCIDENTS

H.24.1.1 The Provider shall report any alleged child abuse, neglect or other risk to residents’ health and
safety to the CFSA Hotline (202-671-SAFE).

H.24.1.2 The Provider shall follow the procedures and requirements outlined in 29 DCMR Chapter 60
licensing regulations for mandatory reporting of unusual incidents, abuse, neglect or other risks
to the foster child’s health or safety and in accordance with CFSA policy on unusual incidents
and critical events.

H.24.2 UNUSUAL INCIDENTS

H.24.2.1 The Contractor shall file an unusual incident report any time the client and/or staff has
engaged in the event that is significantly distinct from normal routine or procedure of the
Client, the program, the staff, or any person relevant to the resident.

H.24.2.2 The Contractor shall file an unusual incident report by fax or e-mail, as CFSA may direct,
to the CFSA hotline, social worker, supervisory social worker and program manager of the
Division. The facility must report any alleged child abuse, neglect or other risk to residents'
health and safety to the CFSA hotline.

H.24.2.3 The Contractor shall notify the Contract Administrator of the occurrences of any unusual
incident shall be emailed or faxed to the CA within 24 hours of occurrence, as follows:

H.24.2.3.1 The initial report of the unusual incident must be telefaxed to the within twenty-four (24) hours of
the occurrence of the unusual incident

H.24.2.3.2 The date, time, place, person(s) involved, and a brief description of the incident shall be included
in the initial report.

H.24.2.3.3 A full written report of the unusual incident addressing steps taken to resolve the problem shall be
forwarded to the Contract Administrator (CA) within five (5) days of occurrence of the unusual
incident.

H.24.3 MAJOR INCIDENTS

H.24.3.1 The Contractor shall file a major incident report any time the client and/or staff has
engaged in the event raises immediate concerns from the determination of the provider agency
regarding the health and safety of any consumer, or employee. A form and training will be
provided thirty days after the award of the contract.

H.24.3.2 The Contractor shall file a follow-up major incident report within 10 days of a major
incident.

H.25 COLLABORATION WITH CFSA

H.25.1 The Contractor shall be responsible for developing and maintaining a cooperative partnership with
the staff of CFSA to ensure the planning and service provision is a cooperative process.

H.25.2 The Contractor shall accept referrals for placement from staff of the CFSA’s Administration of
Clinical, Education and Family Services. CFSA wards are to be provided services under this
contract may not be referred by any other source. The Contractor's acceptance of referrals from
any other source may be a basis for Termination for Default.

H.25.3 The Contractor shall provide recommendations regarding appropriate contact with family and life-
long connections.

H.25.4 The Contract Administrator will monitor the work of the Contractor.

H.25.5 The Contractor shall ensure the manner in which staff will be provided guidance and supervision,
policies and protocols, and shall collaborate with CFSA staff and remain in compliance with

existing CFSA policies and procedures. These areas shall include, but not be limited to the
following:

H.25.5.1 The implementation of services and. programs for wards;
H.25.5.2 The referral, placement, and discharge of wards;
H.25.5.3 Court and administrative reviews;
H.25.5.4 The development and updating of case plans, service plans and ITPs; and
H.25.5.5 Permanency planning for children.

H.26 TRANSITION PERIOD

H.26.1 In the event of either termination or expiration of this contract, the Contractor shall assist the
Agency in the smooth and orderly transition of the children in its care to a new contractor. This
time shall be identified as the Transition Period.

H.26.2 The CFSA Contract Administrator will provide the Contractor, no later than (60) days prior to
the start of the transition period, a Transition Plan, which at a minimum, lists all children to be
moved with anticipated moving dates.

H.26.3 During the Transition Period, the Contractor shall cooperate with the Contract Administrator to
ensure that all children and families continue to receive the services enumerated in this contract.

H.26.4 The Contractor shall continue to provide the services as described in this contract during the
Transition period. The Contractor shall continue to follow the billing procedures outlined in
Section G of this contract.

H.26.5 The Transition Period shall be no more sixty-one (61) days from either the termination date of
services or the expiration date of the contract. If the Transition Period is utilized due to the
expiration of the contract, the Contractor is to submit the final invoice within 30 days of the
contract expiration date.

**END OF SECTION H**

SECTION I: CONTRACT CLAUSES

I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS

The Standard Contract Provisions for use with District of Columbia Government Supplies and
Services Contracts dated July 2010 (“SCP”) are incorporated as part of the contract. To obtain
a copy of the SCP go to http://ocp.dc.gov, under Quick Links click on “Required Solicitation
Documents”.

I.2 CONTRACTS THAT CROSS FISCAL YEARS

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

I.3 CONFIDENTIALITY OF INFORMATION

The Contractor shall keep all information relating to any employee or customer of the District
in absolute confidence and shall not use the information in connection with any other matters;
nor shall it disclose any such information to any other person, firm or corporation, in
accordance with the District and federal laws governing the confidentiality of records.

I.4 TIME

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

I.5 RIGHTS IN DATA

Delete Article 42, Rights in Data, of the Standard Contract Provisions dated July 2010 for use
with District of Columbia Government Supplies and Services Contracts and substitute the
following Article 42, Rights in Data) in its place:

A. Definitions

1. “Products” - A deliverable under any contract that may include commodities, services and/or
technology furnished by or through Contractor, including existing and custom Products, such as,
but not limited to: a) recorded information, regardless of form or the media on which it may be
recorded; b) document research; c) experimental, developmental, or engineering work; d)
licensed software; e) components of the hardware environment; f) printed materials (including
but not limited to training manuals, system and user documentation, reports, drawings); g) third
party software; h) modifications, customizations, custom programs, program listings,
programming tools, data, modules, components; and i) any intellectual property embodied
therein, whether in tangible or intangible form, including but not limited to utilities, interfaces,
templates, subroutines, algorithms, formulas, source code, and object code.

2. “Existing Products” - Tangible Products and intangible licensed Products that exist prior to
the commencement of work under the contract. Existing Products must be identified on the
Product prior to commencement of work or else will be presumed to be Custom Products.

3. “Custom Products” - Products, preliminary, final or otherwise, which are created or
developed by Contractor, its subcontractors, partners, employees, resellers or agents for the
District under the contract.

4. “District” – The District of Columbia and its agencies.

B. Title to Project Deliverables

The Contractor acknowledges that it is commissioned by the District to perform services
detailed in the contract. The District shall have ownership and rights for the duration set forth in
the contract to use, copy, modify, distribute, or adapt Products as follows:

1. Existing Products: Title to all Existing Licensed Product(s), whether or not embedded in,
delivered or operating in conjunction with hardware or Custom Products, shall remain with
Contractor or third party proprietary owner, who retains all rights, title and interest (including
patent, trademark or copyrights). Effective upon payment, the District shall be granted an
irrevocable, non-exclusive, worldwide, paid-up license to use, execute, reproduce, display,
perform, adapt (unless Contractor advises the District as part of Contractor’s bid that adaptation
will violate existing agreements or statutes and Contractor demonstrates such to the District’s
satisfaction), and distribute Existing Product to District users up to the license capacity stated in
the contract with all license rights necessary to fully effect the general business purpose of the
project or work plan or contract. Licenses shall be granted in the name of the District. The
District agrees to reproduce the copyright notice and any other legend of ownership on any
copies authorized under this paragraph.

2. Custom Products: Effective upon Product creation, Contractor hereby conveys, assigns, and
transfers to the District the sole and exclusive rights, title and interest in Custom Product(s),
whether preliminary, final or otherwise, including all patent, trademark and copyrights.
Contractor hereby agrees to take all necessary and appropriate steps to ensure that the Custom
Products are protected against unauthorized copying, reproduction and marketing by or through
Contractor.

C. Transfers or Assignments of Existing or Custom Products by the District

The District may transfer or assign Existing or Custom Products and the licenses thereunder to
another District agency. Nothing herein shall preclude the Contractor from otherwise using the
related or underlying general knowledge, skills, ideas, concepts, techniques and experience
developed under a project or work plan in the course of Contractor’s business.

D. Subcontractor Rights

Whenever any data, including computer software, are to be obtained from a subcontractor under
the contract, the Contractor shall use this clause, Rights in Data, in the subcontract, without
alteration, and no other clause shall be used to enlarge or diminish the District’s or the

Contractor’s rights in that subcontractor data or computer software which is required for the
District.

E. Source Code Escrow

1. For all computer software furnished to the District with the rights specified in section B.2, the
Contractor shall furnish to the District, a copy of the source code with such rights of the scope
as specified in section B.2 of this clause. For all computer software furnished to the District with
the restricted rights specified in section B.1 of this clause, the District, if the Contractor either
directly or through a successor or affiliate shall cease to provide the maintenance or warranty
services provided the District under the contract or any paid-up maintenance agreement, or if the
Contractor should be declared insolvent by a court of competent jurisdiction, shall have the right
to obtain, for its own and sole use only, a single copy of the current version of the source code
supplied under the contract, and a single copy of the documentation associated therewith, upon
payment to the person in control of the source code the reasonable cost of making each copy.

2. If the Contractor or Product manufacturer/developer of software furnished to the District with
the rights specified in section B.1 of this clause offers the source code or source code escrow to
any other commercial customers, the Contractor shall either: (1) provide the District with the
source code for the Product; (2) place the source code in a third party escrow arrangement with
a designated escrow agent who shall be named and identified to the District, and who shall be
directed to release the deposited source code in accordance with a standard escrow arrangement
acceptable to the District; or (3) will certify to the District that the Product manufacturer/
developer has named the District as a named beneficiary of an established escrow arrangement
with its designated escrow agent who shall be named and identified to the District, and who
shall be directed to release the deposited source code in accordance with the terms of escrow.

3. The Contractor shall update the source code, as well as any corrections or enhancements to
the source code, for each new release of the Product in the same manner as provided above, and
certify such updating of escrow to the District in writing.

F. Indemnification and Limitation of Liability

The Contractor shall indemnify and save and hold harmless the District, its officers, agents and
employees acting within the scope of their official duties against any liability, including costs
and expenses, (i) for violation of proprietary rights, copyrights, or rights of privacy, arising out
of the publication, translation, reproduction, delivery, performance, use or disposition of any
data furnished under this contract, or (ii) based upon any data furnished under this contract, or
based upon libelous or other unlawful matter contained in such data.

I.6 OTHER CONTRACTORS

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

I.7 SUBCONTRACTS

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

I.8 INSURANCE

A. GENERAL REQUIREMENTS. The Contractor shall procure and maintain, during the
entire period of performance under this contract, the types of insurance specified below.
The Contractor shall have its insurance broker or insurance company submit a Certificate of
Insurance to the CO giving evidence of the required coverage prior to commencing
performance under this contract. In no event shall any work be performed until the
required Certificates of Insurance signed by an authorized representative of the insurer(s)
have been provided to, and accepted by, the CO. All insurance shall be written with
financially responsible companies authorized to do business in the District of Columbia or
in the jurisdiction where the work is to be performed and have an A.M. Best Company
rating of A-VIII or higher. The Contractor shall require all its subcontractors to carry the
same insurance required herein. The Contractor shall ensure that all policies provide that
the CO shall be given thirty (30) days prior written notice in the event the stated limit in the
declarations page of the policy is reduced via endorsement or the policy is canceled prior to
the expiration date shown on the certificate. The Contractor shall provide the CO with ten
(10) days prior written notice in the event of non-payment of premium.

1. Commercial General Liability Insurance. The Contractor shall provide
evidence satisfactory to the CO with respect to the services performed that it carries
$1,000,000 per occurrence limits; $2,000,000 aggregate; Bodily Injury and Property
Damage including, but not limited to: premises-operations; broad form property
damage; Products and Completed Operations; Personal and Advertising Injury;
contractual liability and independent contractors. The policy coverage shall include
the District of Columbia as an additional insured, shall be primary and non-
contributory with any other insurance maintained by the District of Columbia, and
shall contain a waiver of subrogation. The Contractor shall maintain Completed
Operations coverage for five (5) years following final acceptance of the work
performed under this contract.

2. Automobile Liability Insurance. The Contractor shall provide automobile liability
insurance to cover all owned, hired or non-owned motor vehicles used in conjunction
with the performance of this contract. The policy shall provide a $1,000,000 per
occurrence combined single limit for bodily injury and property damage.

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

Employer’s Liability Insurance. The Contractor shall provide employer’s liability
insurance as follows: $500,000 per accident for injury; $500,000 per employee for
disease; and $500,000 for policy disease limit.

4. Umbrella or Excess Liability Insurance. The Contractor shall provide umbrella or
excess liability (which is excess over employer’s liability, general liability, and
automobile liability) insurance as follows: $5,000,000 per occurrence, including the
District of Columbia as additional insured.

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 $1,000,000.00 per occurrence for each
wrongful act and $3,000,000 annual aggregate.

The Contractor shall maintain this insurance for five (5) years following the
District’s final acceptance of the work performed under this contract.

6. Crime Insurance (3rd Party Indemnity). The Contractor shall provide a 3rd Party
Crime policy to cover the dishonest acts of Contractor’s employees which result in a
loss to the District. The policy shall provide a limit of $50,000 per occurrence. This
coverage shall be endorsed to name the District of Columbia as joint-loss payee, as
their interests may appear.

7. Sexual/Physical Abuse & Molestation. The Contractor shall provide evidence
satisfactory to the Contracting Officer with respect to the services performed that it
carries $1,000,000 per occurrence limits; $2,000,000 aggregate. The policy coverage
shall include the District of Columbia as an additional insured. This insurance
requirement will be considered met if the general liability insurance includes sexual
abuse and molestation coverage for the required amounts.
8. All Risk Property Insurance. The Contractor shall provide all risk property insurance on all
building and content of the facilities utilized to house children referred by CFSA, including
business interruption, providing coverage on a replacement cost basis, as applicable.

B. DURATION. The Contractor shall carry all required insurance until all contract work is
accepted by the District, and shall carry the required General Liability; any required
Professional Liability; and any required Employment Practices Liability insurance for five (5)
years following final acceptance of the work performed under this contract.

C. LIABILITY. These are the required minimum insurance requirements established by the
District of Columbia. HOWEVER, THE REQUIRED MINIMUM INSURANCE
REQUIREMENTS PROVIDED ABOVE WILL NOT IN ANY WAY LIMIT THE
CONTRACTOR’S LIABILITY UNDER THIS CONTRACT.

D. CONTRACTOR’S PROPERTY. Contractor and subcontractors are solely responsible for any

loss or damage to their personal property, including but not limited to tools and equipment,
scaffolding and temporary structures, rented machinery, or owned and leased equipment. A
waiver of subrogation shall apply in favor of the District of Columbia.

E. MEASURE OF PAYMENT. The District shall not make any separate measure or payment for
the cost of insurance and bonds. The Contractor shall include all of the costs of insurance and
bonds in the contract price.

F. NOTIFICATION. The Contractor shall immediately provide the CO with written notice in the
event that its insurance coverage has or will be substantially changed, canceled or not renewed,
and provide an updated certificate of insurance to the CO.

G. CERTIFICATES OF INSURANCE. The Contractor shall submit certificates of insurance
giving evidence of the required coverage as specified in this section prior to commencing work.
Evidence of insurance shall be submitted to:

Ebony Terrell
Agency Chief Contracting Officer
Child and Family Services Agency
200 I Street, S.E., Suite 2030
Washington, D.C. 20003
Phone: (202) 724-5300
Email: ebony.terrell@dc.gov

H. DISCLOSURE OF INFORMATION. The Contractor agrees that the District may disclose the
name and contact information of its insurers to any third party which presents a claim against
the District for any damages or claims resulting from or arising out of work performed by the
Contractor, its agents, employees, servants or subcontractors in the performance of this contract.

I.9 EQUAL EMPLOYMENT OPPORTUNITY

85-85 dated June 10, 1985, the forms for completion of the Equal Employment Opportunity
Information Report are incorporated herein as Section J.3. An award cannot be made to any
offeror who has not satisfied the equal employment requirements.
I.10 ORDER OF PRECEDENCE
The contract awarded as a result of this RFP will contain the following clause:

ORDER OF PRECEDENCE

A conflict in language shall be resolved by giving precedence to the document in the highest order
of priority that contains language addressing the issue in question. The following documents are

incorporated into the contract by reference and made a part of the contract in the following order of
precedence:

• An applicable Court Order, if any
• Contract document
• Standard Contract Provisions
• Contract attachments other than the Standard Contract Provisions
• RFP, as amended
• BAFOs (in order of most recent to earliest)
• Proposal

I.11 DISPUTES

Delete Article 14, Disputes, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts and substitute the following
Article 14, Disputes, in its place:
14. Disputes
All disputes arising under or relating to the contract shall be resolved as provided herein.
(a) Claims by the Contractor against the District: Claim, as used in paragraph (a) of
this clause, means a written assertion by the Contractor seeking, as a matter of right,
the payment of money in a sum certain, the adjustment or interpretation of contract
terms, or other relief arising under or relating to the contract. A claim arising under a
contract, unlike a claim relating to that contract, is a claim that can be resolved under
a contract clause that provides for the relief sought by the claimant

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

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

(2) The CO may meet with the Contractor in a further attempt to resolve the claim by
agreement.

(3) The CO shall issue a decision on any claim within 120 calendar days after receipt of the
claim. Whenever possible, the CO shall take into account factors such as the size and
complexity of the claim and the adequacy of the information in support of the claim
provided by the Contractor.

(4) The CO’s written decision shall do the following:

(i) Provide a description of the claim or dispute;

(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings
of fact, although specific findings of fact are not required and, if
made, shall not be binding in any subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine
the amount of monetary settlement, the contract adjustment to be
made, or other relief to be granted;
(vi) Indicate that the written document is the CO’s final decision; and
(vii) Inform the Contractor of the right to seek further redress by appealing
the decision to the Contract Appeals Board.

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

(6) If a contractor is unable to support any part of its claim and it is determined that
the inability is attributable to a material misrepresentation of fact or fraud on the
part of the Contractor, the Contractor shall be liable to the District for an amount
equal to the unsupported part of the claim in addition to all costs to the District
attributable to the cost of reviewing that part of the Contractor’s claim. Liability
under this paragraph (a)(6) shall be determined within six (6) years of the
commission of the misrepresentation of fact or fraud.

(7) Pending final decision of an appeal, action, or final settlement, the Contractor shall
proceed diligently with performance of the contract in accordance with the decision of
the CO.

(b) Claims by the District against the Contractor: Claim as used in paragraph (b) of
this clause, means a written demand or written assertion by the District seeking, as a
matter of right, the payment of money in a sum certain, the adjustment of contract
terms, or other relief arising under or relating to the contract. A claim arising under a
contract, unlike a claim relating to that contract, is a claim that can be resolved under
a contract clause that provides for the relief sought by the claimant.

(1) The CO shall decide all claims by the District against a contractor arising under or
relating to a contract.

(2) The CO shall send written notice of the claim to the contractor. The CO’s written
decision shall do the following:

(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings
of fact, although specific findings of fact are not required and, if
made, shall not be binding in any subsequent proceeding;

(v) If all or any part of the claim is determined to be valid, determine the amount
of monetary settlement, the contract adjustment to be made, or other relief to
be granted;
(vi) Indicate that the written document is the CO’s final decision; and
(vii) Inform the Contractor of the right to seek further redress by appealing
the decision to the Contract Appeals Board.

(3) The CO shall support the decision by reasons and shall inform the
Contractor of its rights as provided herein.

(4) Before or after issuing the decision, the CO may meet with the Contractor to
attempt to resolve the claim by agreement.

(5) The authority contained in this paragraph (b) shall not apply to a claim or
dispute for penalties or forfeitures prescribed by statute or regulation which
another District agency is specifically authorized to administer, settle or
determine.

(6) This paragraph shall not authorize the CO to settle, compromise, pay, or
otherwise adjust any claim involving fraud.

(c) Decisions of the CO shall be final and not subject to review unless the Contractor timely
commences an administrative appeal for review of the decision, by filing a complaint
with the Contract Appeals Board, as authorized by D.C. Official Code § 2-360.04.

(d) Pending final decision of an appeal, action, or final settlement, the Contractor
shall proceed diligently with performance of the contract in accordance with the
decision of the CO.

I.12 CHANGES (Feb 2019)

Delete clause 15, Changes, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts and substitute the following
clause 15, Changes in its place:

15. Changes

(a) The CO may, at any time, by written order, and without notice to the surety, if any, make changes in
the contract within the general scope hereof. If such change causes an increase or decrease in the
cost of performance of the contract, or in the time required for performance, an equitable adjustment
shall be made. Any claim for adjustment for a change within the general scope must be asserted
within ten (10) days from the date the change is ordered; provided, however, that the CO, if he or
she determines that the facts justify such action, may receive, consider, and adjust any such claim
asserted at any time prior to the date of final settlement of the contract. If the parties fail to agree
upon the adjustment to be made, the dispute shall be determined as provided in clause 14 Disputes.

(b) The District shall not require the Contractor, and the Contractor shall not require a
subcontractor, to undertake any work that is beyond the original scope of the contract or

subcontract, including work under a District-issued change order, when the additional work
increases the contract price beyond the not-to-exceed price or negotiated maximum price of
the contract, unless the CO:

(1) Agrees with the Contractor, and if applicable the subcontractor, on a price for the
additional work;
(2) Obtains a certification of funding to pay for the additional work;
(3) Makes a written, binding commitment with the Contractor to pay for the additional
work within thirty (30) days after the Contractor submits a proper invoice; and
(4) Provides the Contractor with written notice of the funding certification.

(1) Within five (5) business days of its receipt of notice of the approved additional
funding, provide the subcontractor with notice of the amount to be paid to the
subcontractor for the additional work to be performed by the subcontractor;
(2) Pay the subcontractor any undisputed amount to which the subcontractor is entitled
for the additional work within ten (10) days of receipt of payment from the District;
and
(3) Notify the subcontractor and CO in writing of the reason(s) the Contractor withholds
any payment from a subcontractor for the additional work.

(d) Neither the District, Contractor, nor any subcontractor may declare another party to be in
default, or assess, claim, or pursue damages for delays until the parties agree on a price for
the additional work.

I.13 NON-DISCRIMINATION CLAUSE

Delete clause 19, Non-Discrimination Clause, of the Standard Contract Provisions dated July 2010 for
use with District of Columbia Government Supplies and Services Contracts and substitute the following
clause 19, Non-Discrimination Clause, in its place:
19. Non-Discrimination Clause:

(a) The Contractor shall not discriminate in any manner against any employee or applicant for
employment that would constitute a violation of the District of Columbia Human Rights Act,
effective December 13, 1977, as amended (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.)
(“Act”, as used in this clause). The Contractor shall include a similar clause in all subcontracts,
except subcontracts for standard commercial supplies or raw materials. In addition, the Contractor
agrees, and any subcontractor shall agree, to post in conspicuous places, available to employees and
applicants for employment, a notice setting forth the provisions of this non-discrimination clause as
provided in section 251 of the Act.

(a) Pursuant to Mayor’s Order 85-85, (6/10/85), Mayor’s Order 2002-175 (10/23/02), Mayor’s Order
2011-155 (9/9/11) and the rules of the Office of Human Rights, Chapter 11 of Title 4 of the D.C.
Municipal Regulations, the following clauses apply to the contract:

(1) The Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived: race, color, religion, national origin,

sex, age, marital status, personal appearance, sexual orientation, gender identity or
expression, family responsibilities, genetic information, disability, matriculation,
political affiliation, or credit information. Sexual harassment is a form of sex
discrimination which is prohibited by the Act. In addition, harassment based on
any of the above protected categories is prohibited by the Act.

(2) The Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their actual or perceived: race, color, religion, national origin, sex, age, marital
status, personal appearance, sexual orientation, gender identity or expression,
family responsibilities, genetic information, disability, matriculation, political
affiliation, or credit information. The affirmative action shall include, but not be
limited to the following:

(a) employment, upgrading or transfer;
(b) recruitment, or recruitment advertising;
(c) demotion, layoff or termination;
(d) rates of pay, or other forms of compensation; and
(e) selection for training and apprenticeship.

(3) The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting agency,
setting forth the provisions in paragraphs 19(b)(1) and (b)(2) concerning non-
discrimination and affirmative action.

(4) The Contractor shall, in all solicitations or advertisements for employees placed
by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment pursuant to the non-discrimination requirements set
forth in paragraph 19(b)(2).

(5) The Contractor agrees to send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the contracting agency, advising the
said labor union or workers’ representative of that contractor’s commitments
under this nondiscrimination clause and the Act, and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.

(6) The Contractor agrees to permit access to its books, records, and accounts
pertaining to its employment practices, by the Chief Procurement Officer or
designee, or the Director of the Office of Human Rights or designee, for purposes
of investigation to ascertain compliance with the Act, and to require under terms
of any subcontractor agreement each subcontractor to permit access of such
subcontractors’ books, records, and accounts for such purposes.

(7) The Contractor agrees to comply with the provisions of the Act and with all
guidelines for equal employment opportunity applicable in the District adopted by
the Director of the Office of Human Rights, or any authorized official.

(8) The Contractor shall include in every subcontract the equal opportunity clauses,
i.e., paragraphs 19(b)(1) through (b)(9) of this clause, so that such provisions shall
be binding upon each subcontractor.

(9) The Contractor shall take such action with respect to any subcontract as the CO
may direct as a means of enforcing these provisions, including sanctions for
noncompliance; provided, however, that in the event the Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the contracting agency, the Contractor may request the
District to enter into such litigation to protect the interest of the District.

I.14 COST AND PRICING DATA

Delete Article 25, Cost and Pricing Data, of the Standard Contract Provisions dated July 2010 for use
with District of Columbia Government Supplies and Services Contracts.

I.15 ARTIFICIAL INTELLIGENCE

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

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
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.

**END OF SECTION I**

SECTION J: ATTACHMENTS

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

Attachment
Number Document
J.1
Government of the District of Columbia Standard Contract Provisions for
Use with the Supplies and Services Contracts (July 2010)
available at http://ocp.dc.gov, under Quick Links click on “Required
Solicitation Documents”
J.2 U.S. Department of Labor Wage Determination No.: 2015-4281 Revision
No. 35, Dated 12/03/2025
J.3 Attachment A.R-1: Section C, Specifications/Scope of Work
J.4 Approved EEO Agreement
J.5 Approved Department of Employment Services First Source Employment
Agreement
J.6 Approved Department of Employment Services Initial Employment Plan (if
contract is $300,000 or more)
J.7
Way to Work Amendment Act of 2006 - Living Wage Notice available at
http://ocp.dc.gov, under Quick Links click on “Required Solicitation
Documents”
J.8
Way to Work Amendment Act of 2006 - Living Wage Fact Sheet available at
http://ocp.dc.gov, under Quick Links click on “Required Solicitation
Documents”
J.9 Campaign Finance Self Certification Form
J.10 Contractor’s Proposal
J.11 Contractor’s Proposed Budget
J.12 DOC778981/RFP and amendments A001 through A006
J.13 Bidder/Offeror Certification Form

**END OF SECTION J**

Proposed Contract with Georgia Avenue Family Support Collaborative to DCRL-2025-C-0034

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Proposed Contract with Georgia Avenue Family Support Collaborative

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