Proposed Contract with American Medical Response Mid-Atlantic, Inc. to Contract No. CW92057

MURIELBOWSERMAYOR
April30,2026
Honorable PhilMendelson
Chairman
Councilofthe Districtof Columbia
John A. Wilson Building
1350 PennsylvaniaAvenue, NW, Suite504
Washington,DC 20004
Dear Chairman Mendelson:
Pursuantto section451 of the Districtof Columbia Home Rule Act (D.C. OfficialCode § 1-
204.51)and section202of the Procurement PracticesReform Act of 2010 (D.C. OfficialCode
§ 2-352.02),enclosedforconsiderationand approvalby theCounciloftheDistrictofColumbia is
proposed ModificationNo. M0019 toContractNo. CW92057 withAmerican Medical Response
Mid-Atlantic,Inc.,which will increasethe not-to-exceedamount of option year four by
$1,708,521.19,from $15,681,693.18to$17,390,214.37.
Undertheproposedmodification,AmericanMedicalResponseMid-Atlantic,Inc.,willprovidepre-hospitalmedicalassistanceforBasicLifeSupportservicerequestsandrelateddispatchservices.Theywillalsocoordinatenon-emergencymedicalandpharmacy-relatedtransportationfor911callerswhodonotrequiretheinvolvementofFireandEmergencyMedicalServicethird-partyambulances.
My administrationisavailabletodiscussanyquestionsyoumayhaveregardingtheproposedmodification.Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasehaveyourstaffcontactMareScott,ChiefOperatingOfficer,OfficeofContractingandProcurement,at(202)724-8759.
lookforwardtotheCouncil’sfavorableconsiderationofthismodification.
Sincerely,
riel Howser
1

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement

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

COUNCIL CONTRACT SUMMARY
(Standard)

(A) Contract Number: CW92057
Modification No. M0019 to exercise Option Period Four

Proposed Contractor: American Medical Response Mid-Atlantic, Inc. (AMR)

Proposed Contractor’s Principals: Edward B. Van Horne, President & CEO

Contract Amount (Base Period): Not-to-Exceed (NTE) $14,206,840.04 (A24-503)
Proposed Increase: $1,708,521.19
Revised Contract Amount: NTE $17,390,214.37

Unit and Method of Compensation: Firm Fixed Hourly Rates

Term of Contract: October 11, 2025, through October 10, 2026

Type of Contract: Requirements contract with firm fixed hourly rates, as set
forth in the price schedule

Source Selection Method: Request for Proposal

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

Base Period Amount: NTE $14,206,840.04
Council Approval: A24-0503

Option Period 1 Amount: NTE $14,562,011.04
Council Approval: A25-0119
Explanation of difference from base period (if applicable): Annual price increase is 2.44%

Option Period 2 Amount: NTE $14,926,061.32
2

Council Approval: CA25-0391
Explanation of difference from base period (if applicable): Annual price increase is 4.82%

Option Period 3 Amount: NTE $15,299,212.85
Council Approval: CA25-0946
Explanation of difference from base period (if applicable): Annual price increase is 7.14%

Option Period 4 Amount: NTE $15,681,693.18
Council Approval: CA26-0428
Proposed Increase: NTE $1,708,521.19
Revised Contract Amount: NTE $17,390,214.37
Explanation of difference from base period (if applicable): Annual price increase is 18.31%

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

AMR provides pre-hospital medical assistance and transportation for Basic Life Support service
requests; related dispatch services; and will also coordinate non-emergency medical and pharmacy-
related transportation for 9-1-1 callers who do not require the involvement of the District of
Columbia Fire and Emergency Medical Service Department’s third-party ambulances. The
contractor is expected to provide sufficient vehicles and personnel to handle roughly 163 calls per
day, 18 hours per day, seven days per week, from 7:00 a.m. to 1:00 a.m., during the term of the
contract.

The District’s emergency medical system continues to experience sustained and escalating demand.
Annual call volume has increased from approximately 201,000 to more than 207,000 calls, with
EMS-related incidents consistently comprising of 75–80 percent of the total workload. This growth
places significant strain on the FEMS transport units, hospital off-load times, and sworn personnel
staffing models. Accordingly, by increasing the contract amount, FEMS can effectively
accommodate rising EMS demand, enhance response times, safeguard patient
outcomes, while maintaining workforce readiness.

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

A Request for Proposals (RFP) was issued on January 29, 2021. The advertising period was
extended three times and ultimately closed on March 19, 2021, and again on February 9, 2022. In
response to the RFP, one proposal was received.

A Technical Evaluation Panel (TEP) consisting of three senior FEMS officers was convened to
evaluate the proposal. The evaluation criteria were divided into two sections: Technical Criteria
(maximum 85 points) and Price Criteria (maximum 15 points). Under the Technical Criteria, the
following areas were assessed:

• Offeror Profile – 25 points
• Offeror Experience – 15 points
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• Technical Approach – 35 points
• Oral Presentation – 10 points

On May 26, 2021, the TEP submitted its consensus report to the Contracting Officer (CO),
recommending award of the contract to American Medical Response (AMR). The recommendation
was based on TEP’s determination that AMR’s proposal was comprehensive and well-structured.
Specifically, AMR provided:

• A detailed plan for delivering the required goods and services;
• A complete staffing solution;
• A robust employee development program; and
• A dynamic resource management approach to meet contractual response time
requirements.

Following the TEP’s recommendation, the CO conducted an independent assessment on May 26,
2021. AMR achieved a total score of 98.20, comprised of a Technical Score of 83.20 and a Price
Score of 15. The CO concluded that AMR’s technical and price proposals demonstrated a thorough
understanding of the requirements for providing Basic Life Support Transport, dispatch services,
and Nurse Triage Line support for FEMS.

AMR’s qualifications include five years of experience providing ambulance transport services
within the District and managing a national Emergency Medical Services (EMS) network in major
population centers. AMR demonstrated strong past performance, possessed the necessary expertise,
and employs qualified personnel to meet the District’s requirements. Furthermore, AMR’s price
proposal was determined to be fair and reasonable based on prior cost experience for similar
services.

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

None

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

None

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

Based on a Dun & Bradstreet (D&B) Risk Analytics Report dated January 16, 2026, American
Medical Response Mid-Atlantic, Inc., demonstrates adequate financial resources to perform the
contract or the ability to obtain such resources. The report indicates that the organization has been
4

active for 51 years in the service establishment equipment and supplies sector. D&B assigns the
company a mid-level rating in three categories: Supplier Stability Indicator (5), Supplier Evaluation
Risk (5), and Composite Risk Scorecard. In addition to its financial stability, to date AMR has
consistently met contractual obligations by providing EMS transport units for 18 hours per day,
seven days per week, in full compliance with FEMS technical requirements. Service delivery
has remained within the established financial parameters of the contract. Furthermore, AMR
has submitted detailed invoices as required, including comprehensive unit-hour documentation for
each day of performance.

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

A subcontracting waiver was granted for this contract.

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

It is the District’s intent and expectation that AMR will continue to provide pre-hospital
medical assistance and transportation for Basic Life Support service requests; related dispatch
services; and will also coordinate non-emergency medical/pharmacy-related transportation for 9-1-1
callers. The contractor’s performance will be regularly and routinely monitored at the oversight of
the designated FEMS’ contract administrator. The expected outcome of the contract is to have the
contractor provide the required equipment and services in accordance with the terms of the
contract.

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

None

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

The Office of the Chief Financial Officer has certified that funding is consistent with the applicable
financial plan and budget.

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

The contract was reviewed by the Office of the Attorney General and found to be legally sufficient.
There are no legal claims pending against the District.

5

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

The Citywide Clean Hands database indicates the Contractor is current with its District taxes.

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

AMR has certified that it is current with its federal taxes.

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

AMR has certified, via the Bidder/Offeror Certification form, that it is (1) not in violation of section
334a of the Board of Ethics and Government Accountability Establishment and Comprehensive
Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a; and (2) currently is not
and will not be in violation of section 334a of the Board of Ethics and Government Accountability
Establishment and Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-
1163.34a.

(P) The status of the proposed contractor as a certified 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.:

AMR is not a certified local, small, or disadvantaged business enterprise as defined in the Small,
Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005.

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

None

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

The contractor is not currently debarred.

6

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

Determination and Findings for Contractor Responsibility
Determination and Findings for Price Reasonableness

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

ocp.dc.gov

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

ocp.dc.gov
1101 4th Street, SW
Washington, DC 20024
Date of Notice: March 5, 2026 L0016174345Notice Number:
FEIN: **-***5702
Case ID: 18866496

Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
AMERICAN MEDICAL RESPONSE MID ATLANTIC INC
6363 S FIDDLERS GREEN CIR FL 14
GREENWOOD VILLAGE CO 80111-5011

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

1100 4th Street, S.W. • SUITE 730E • WASHINGTON, D.C. 20024
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ASSOCIATE CHIEF FINANCIAL OFFICER
PUBLIC SAFETY & JUSTICE CLUSTER
MEMORANDUM
TO: Nancy Hapeman, Chief Procurement Officer
Office of Contracting and Procurement
FROM: David Garner, Associate Chief Financial Officer
Public Safety and Justice Cluster
DATE: March 2, 2026
SUBJECT: Certification of Funding Availability for American Medical Response Mid-
Atlantic (AMR) for Third-Party Ambulance and Nurse Triage Line Services,
Contract CW92057 – Option Year Four
The Office of the Chief Financial Officer (OCFO) certifies available funding in the Fire and
Emergency Medical Services Department’s approved Fiscal Year 2026 operating budget in the
amount of $17,390,214.37 to exercise option year four of contract CW92057 for third party
ambulance and nurse triage line services. $15,304,005.65 has been obligated under PO732355
and PO734443 and $1,708,521.19 has been committed under RK317157. The FY 2027
portion, which runs from October 1st 2026 through October 10th, 2026, is contingent on an
approved budget.
Future orders above the funds available are contingent upon the identification of additional
funding.
If you have any questions concerning this certification, please contact Jason Bumiller, Agency
Fiscal Officer, at (202) 552-9179.

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: April 21, 2026

SUBJECT: Approval of Contract for Supplemental Pre-Hospital Care and
Transportation for Basic Life Support
Contractor: American Medical Response Mid-Atlantic, Inc.
Contract Number: CW92057
Contract NTE Amount: $17,390,214.37

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

AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT
1. Contract Number Page of Pages
CW92057 1 1
2. Amendment/Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Solicitation Caption
M0019 See 16c Third Party BLS Transport
6. Issued by:
Warren C. Washington, Contract Specialist
Code 7. Administered by (If other than line 6)
Chief Andre Edwards, Contract Administrator
Office of Contracting and Procurement
441 4th Street, NW, Suite 330 South
Washington, D.C 20001
Email: warren.washington@dc.gov
Fire and Emergency Medical Services
899 North Capital St., NE, Suite 3100
Washington, D.C 20002
Email: andre.edwards@dc.gov
8. Name and Address of Contractor (No. street, city, county, state and zip code)

9A. Amendment of Solicitation
Edward B. Van Horne, President & CEO
American Medical Response Mid-Atlantic
6363 S. Fiddler’s Green Circle, 14th Floor
Greenwood Village, Colorado 80111
Tel: 682-227-6077
Email: Edward.VanHorne@amr.net

9B. Dated (See Item 11)

X

10A. Modification of Contract Order No.
CW92057
10B. Dated (See Item 13)
10-11-2021 Code Facility
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning ____ copies of the amendment: (b) By acknowledging receipt of this amendment on each copy of the offer
submitted; or (c) BY separate letter or fax which includes a reference to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGMENT TO
BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION
OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such may be made by letter or fax, provided each letter or
telegram makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTORS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
A. This change order is issued pursuant to (Specify Authority):
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
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
C. This supplemental agreement is entered into pursuant to authority of:
X D. Other (Specify type of modification and authority)
27 DCMR, Chapter 36, Section 3601.2
E. IMPORTANT: Contractor is not is required to sign this document and return _1_ copies to the issuing office.
14. Description of Amendment/Modification (Organized by UCF Section headings, including solicitation/contract subject matter
where feasible.)

A. The not-to-exceed amount for option period four is increased by $1,708,521.19 from $15,681,693.18 to
$17,390,214.37.

B. Section H.2, Wage Determination is updated with Wage Determination No. 2015-4281, rev. 35, dated
December 3, 2025, issued by the Department of Labor.

C. The contractor is bound by the updates the Living Wage Notice and Fact Sheet dated for 2026
referenced at http://ocp.dc.gov, under Quick Links click on “Required Solicitation Documents”.
Except as provided herein, all terms and conditions of the document referenced in item (9A or 10A) remain unchanged and in fu ll force and effect.
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer

Lorena Marko, Contracting Officer
15B. Name of Contractor 15C. Date Signed 16B. District of Columbia 16C. Date Signed

(Signature)

(Signature of Contracting Officer)

Docusign Envelope ID: E61CDEE8-DFBA-446A-A713-18C88B5284A5
3/3/2026
Edward B. Van Horne Chief Operating Officer
DocuSign Envelope ID: 82C94079-D0FC-405B-B14C-305C6FCD1A66AWARD/CONTRACT1. CaptionThird Party Ambulances and Nurse Triage LinePage of Pages1 742. Contract NumberCW920573. Effective DateOctober 11, 20214. Requisition/Purchase Request/Project No.5. Issued By: Code 6. Administered by (If other than line 5)D.C. Fire and EMS Department 2000 14th Street, N.W., Suite 500Washington, D.C. 20009Office of Contracting and Procurement 441 Fourth Street, N.W., Suite 700S Washington, D.C. 200017. Name and Address of Contractor (No. street, city, county, state and Zip Code)American Medical Response Mid-Atlantic 6363 SouthGreen Circle, 14thFloor Greenwood Village, Colorado 801118. DeliveryFOB Origin Other (See Schedule Section F)9. Discount for prompt payment10. Submit invoices to the Address shown in (2 copies unless otherwise specified)Item12DunsNo.07-285-5422TIN:23-219570211.Shipto/MarkForCode12.PaymentwillbemadebyCodeD.C. Fire and Emergency Medical Services Department 2000 14th Street, N.W., Suite 500Washington, D.C. 20009Janice Brice, Accounting SpecialistD.C. FEMS TrainingAcademy 4600 Shepherd Parkway, S.W. Washington, D.C. 20032-5207Phone: 202-673-2367janice.brice@dc.gov (orE-VendorInvoicing@dc.gov)13. Reserved for future use 14. Accounting and Appropriation Data ENCUMBRANCE CODE:15A. Item 15B. Supplies/Services 15C. Est.Quantity.15D. Unit 15E. Unit Price 15F.Amount0001Supplemental Pre-Hospital Basic Life Support Medical Care and Transport163Calls per DayHourly$_106.37_Unit Hr./Deployed AmbulanceNTE $_12,451,720.28_(Base Year)0002Dispatch Services Fee280Dispatch HoursHourly$_59.13per Hour per DispatcherNTE $_863,369.76_(Base Year)0003Right Care Right Now/Nurse TriageLine24 Hours per DayHourly$_101.80_per Hour per ECNNTE $ _891,750.00_(Base Year)Estimated Total Contract AmountNTE$14,206,840.0416.TableofContents(X)SectionDescriptionPage(X)SectionDescriptionPagePARTI THESCHEDULEPARTIICONTRACTCLAUSESX A Contract Cover Page1 X I Contract Clauses60-72X B Supplies or Services & Cost/Price2-7PARTIIILISTOFDOCUMENTS,EXHIBITS ANDOTHERATTACHMENTSX C Description/Specifications/Work Statement8-29 X J List of Attachments73-74X D Packaging and Marking30PARTIVREPRESENTATIONSANDINSTRUCTIONSX E Inspection and Acceptance31 XX F Period of Performance and Deliverables32X G Contract Administration33-37 XX H Special Contract Requirements3859 XContractingOfficerwillcompleteItem17or18asapplicable17.NEGOTIATED AGREEMENT (Contractor isrequired to sign this document and return (2) copies to issuing office.)Contractor agrees to furnish and deliver all items, perform all the services set forth or otherwise identified above and on any continuation sheets, for theconsideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award/contract, (b) the solicitation, if any, and (c) such provisions,representations, certifications, and specifications, as are attached or incorporatedby reference herein. (Attachments are listed herein.)18. AWARDYour offer on Solicitation Number including the additions or changes made by which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) thesolicitation and your offer, and (b) this award/contract. No further contractual document is necessary.

DocuSign Envelope ID: 82C94079-D0FC-405B-B14C-305C6FCD1A66
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19A.NameandTitleofSigner(Typeorprint)Edward B. Van HorneChief Operating Officer20A. Name of Contracting OfficerTyranny Hunter19B. Name of Contractor(Signature of person authorized to sign)19C. Date Signed4/18/202220B. District of Columbia(Signature of Contracting Officer)20C. Date SignedSECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND P R IDCC OEC/PC2O01S( 7 -T9 9 )B.1awarding to American Medical Response Mid-) a contract to provide supplemental pre-hospital medical care and transportation for Basic Life by FEMS. The Contractor shall provide BLS emergency ambulance service 18 hours per day, between 7:00 a.m. to 1:00 a.m., 365 days per year, within the boundaries of the District. FEMS is the designated first responder for all 911 emergency medical incidents within the District and will perform the initial triage and interrogation of all patients, as well as provide ambulancetransport for higher priority Advance Life Support (ALS) calls within theresponse areas.In addition to providing supplemental pre-hospital medical care and transportation for BLS calls, the Contractor shall provide dispatch services for their vehicles and manage a 911-secondary telephonic triage conducted by an Emergency Care Nurse (ECN) during the 911 call intake process. The Scope of Work for the nurse triage line starts at Section C.11 of this contract.B.2 REQUIREMENTS CONTRACTB.2.1The District is awarding a requirements contract with payment based on firm-fixed hourly rates, in accordance with 27 DCMR Chapter 2416.3.B.2.2The District will purchase its requirements of the articles or services included herein from the Contractor. The estimated quantities stated herein reflect the best estimates available. The estimate shall not be construed as a representation that the estimated quantity will be required or ordered, or that conditions affecting the requirements will be stable. The estimated quantities shall not be construed to limit the quantities which may be ordered from the Contractor by the District or to relieve the Contractor of its obligation to fill all such orders, subject to the provisions of Section C.5 (Third Party Ambulances) and Section C.11 (Nurse Triage Line), allowing for exemptions to Contractor from liquidated damages, herein, and based upon material deviations of the estimates outside the control of the Contractor.
6/30/2022
DocuSign Envelope ID: 82C94079-D0FC-405B-B14C-305C6FCD1A66
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B.2.3Delivery or performance shall be made only as authorized in accordance with the Ordering Procedures, Section C.5. The District may issue orders requiring delivery to multiple destinations or performance at multiple locations. If the District urgently requires delivery before the earliest date that delivery may be specified under this contract, and if the Contractor shall not accept an order providing for the accelerated delivery, the District may acquire the urgently required goods or services from another source. B.2.4 There is no limit to the number of orders that may be issued. The District may issue orders requiring delivery to multiple destinations or performance at multiple locations. B.2.5 Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the and the rights and obligations with respect to that order to the same extent as if the order were completed during the provided that the Contractor shall not be required to make any deliveries under this contract after September 30, 2022. B.3 PRICE SCHEDULE - REQUIREMENTS B.3.1 Base Year Contract Line Item No. (CLIN) Description of Services Price Per Hour Estimated Quantity Total Not to Exceed (NTE) PriceCLIN 0001 Provide supplemental pre-hospital medical care and transportation for Basic Life Support the District. See Section C.5 (MINIMAL REQUIREMENTS) Section C.10 (EMPLOYEE TRAINING) $_106.37 per Unit Hour/Deployed Ambulance 163 Calls per Day/18 Hours per Day/365 Days per Year NTE $12,451,720.28 CLIN 0002 Dispatch Services Fee. See Section C.5 (MINIMUM REQUIREMENTS) - $_59.13_ per Hour per Dispatcher 2 4 Dispatchers, 18 Hours per NTE $863,369.76
DocuSign Envelope ID: 82C94079-D0FC-405B-B14C-305C6FCD1A66
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Section C.8 (VEHICLE STANDARDS) Day, 365 Days per Year CLIN 0003 Right Care Right Now/ Nurse Triage Line. See Section C.11 (SCOPE) C.25 (DELIVERABLES) $_101.80_ per Hour per ECN 24 Hours per Day x 365 Days per Year NTE $891,750.00 TOTAL NTE $14,206,840.04 B.3.2 Option Year 1 Contract Line Item No. (CLIN) Description of Services Price Per Hour Price Per Day Estimated Quantity Total Not to Exceed (NTE) PriceCLIN 1001 Provide supplemental pre-hospital medical care and transportation for Basic Life Support the District. See Section C.5 (MINIMAL REQUIREMENTS) Section C.10 (EMPLOYEE TRAINING) $_109.03_ per Unit Hour/Deployed Ambulance 163 Calls per Day/ 18 Hours/365 Days per Year NTE $12,763,013.29CLIN 1002 Dispatch Services Fee. See Section C.5 (MINIMUM REQUIREMENTS) - Section C.8 (VEHICLE STANDARDS) $_60.61_ per Hour per Dispatcher 2 4 Dispatchers, 18 Hours per Day, 365 Days per Year NTE $884,954.00CLIN 1003 Right Care Right Now/ Nurse Triage Line. See Section C.11 (SCOPE) C.25 (DELIVERABLES) $_104.34_ per Hour per ECN 24 Hours per Day x 365 Days per Year NTE $914,043.75 TOTAL NTE $14,562,011.04
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B.3.3 Option Year 2 Contract Line Item No. (CLIN) Description of Services Price Per Hour Price Per Day Estimated Quantity Total Not to Exceed (NTE) PriceCLIN 2001 Provide supplemental pre-hospital medical care and transportation for Basic Life Support the District. See Section C.5 (MINIMAL REQUIREMENTS) Section C.10 (EMPLOYEE TRAINING) $_111.76_ per Unit Hour/Deployed Ambulance 163 Calls per Day/ 18 Hours/365 Days per Year NTE $13,082,088.62CLIN 2002 Dispatch Services Fee. See Section C.5 (MINIMUM REQUIREMENTS) - Section C.8 (VEHICLE STANDARDS) $_62.13_ per Hour per Dispatcher 2 4 Dispatchers, 18 Hours per Day, 365 Days per Year NTE $907,077.85CLIN 2003 Right Care Right Now/ Nurse Triage Line. See Section C.11 (SCOPE) C.25 (DELIVERABLES) $_106.95_ per Hour per ECN 24 Hours per Day x 365 Days per Year NTE $936,894.84TOTAL NTE $14,926,061.32 B.3.4 Option Year 3 Description of Services Price Per Hour Price Per Day Estimated Quantity Total Not to Exceed (NTE) Price
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Contract Line Item No. (CLIN) CLIN 3001 Provide supplemental pre-hospital medical care and transportation for Basic Life Support the District. See Section C.5 (MINIMAL REQUIREMENTS) Section C.10 (EMPLOYEE TRAINING) $_114.55_ per Unit Hour/Deployed Ambulance 163 Calls per Day/18 Hours per Day/365 Days per Year NTE $13,409,140.84CLIN 3002 Dispatch Services Fee. See Section C.5 (MINIMUM REQUIREMENTS) - Section C.8 (VEHICLE STANDARDS) $_63.68_ per Hour per Dispatcher 2 4 Dispatchers, 18 Hours per Day, 365 Days per Year NTE $929,754.80CLIN 3003 Right Care Right Now/ Nurse Triage Line. See Section C.11 (SCOPE) C.25 (DELIVERABLES) $_109.63_ per Hour per ECN 24 Hours per Day x 365 Days per Year NTE $960,317.21TOTAL NTE $15,299,212.85 B.3.5 Option Year 4 Contract Line Item No. (CLIN) Description of Services Price Per Hour Price Per Day Estimated Quantity Total Not to Exceed (NTE) Price CLIN 4001 Provide supplemental pre- hospital medical care and transportation for Basic Life calls within the District. See Section $_117.42_ Unit Hour/Deployed Ambulance 163 Calls per Day/18 Hours/365 Days per Year NTE $13,744,369.36
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C.5 (MINIMAL REQUIREMENTS) Section C.10 (EMPLOYEE TRAINING) CLIN 4002 Dispatch Services Fee. See Section C.5 (MINIMUM REQUIREMENTS) - Section C.8 (VEHICLE STANDARDS) $_65.27_ per Hour per Dispatcher 2 4 Dispatchers, 18 Hours per Day, 365 Days per Year NTE $952,998.67CLIN 4003 Right Care Right Now/ Nurse Triage Line. See Section C.11 (SCOPE) C.25 (DELIVERABLES) $_112.37_ per Hour per ECN 24 Hours per Day x 365 Days per Year NTE $984,325.15 TOTAL NTE $15,681,693.18 B.3.6 PRICE SCHEDULE SUMMARY Period Of Performance Totals B.3.1 Base Year $14,206,840.04 B.3.2 Option Year One $14,562,011.04 B.3.3 Option Year Two $14,926,061.32 B.3.4 Option Year Three $15,299,212.85 B.3.5 Option Year Four $15,681,693.18 Grand Total $74,675,818.43 B.4 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.5 For contracts in excess of $300,000, at least 35% of the dollar volume of the contract shall be subcontracted in accordance with section H.9 A Subcontracting Plan form is available at http://ocp.dc.gov, under Quick Links click onSolicitation
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SECTION C: STATEMENT OF WORK/SPECIFICATIONS: THIRD PARTY AMBULANCES / TRANSPORT C.1 SCOPE The District of Columbia Office of Contracting and Procurement, on behalf of -hospitalwhen requested to perform such services by FEMS and/or the Office of Unified Communications as well as provide services for an integrated Nurse Triage Line system to include telehealth components which will be referred to as Right Care Right Now (RCRN). FEMS is the designated first responder for most 911 emergency medical incidents within the District and performs the initial triage and interrogation of all patients FEMS is dispatched to, as well as provide ambulance transport for Advanced Life Supresponding to an incident, a FEMS first responding unit determines a patient only requires lower priority BLS ambulance transport, the first responding FEMS unit will request that a Contractor ambulance respond to the incident. After receiving a request, a Contractor ambulance shall then immediately respond to the location of the incident and transport the patient to an area hospital as directed by FEMS or the OUC. There may also be times where a ambulance may be directly dispatched to a location as the primary transport unit along with an FEMS first responder or alone by themselves if it is determined that the incident only requires a BLS transport unit. Transport destination hospitals to be utilized by the Contractor shall include United Hospital, Georgetown University Hospital, George Washington University Hospital, Sibley Hospital, Washington Hospital Center, Veterans Administration Hospital and other hospitals located in the Washington, D.C. metropolitan statistical area. Transport destinations may also include community clinics that are approved as transport The Contractor shall operate and maintain a sufficient number of ambulances for responding to EMS incidents anywhere within the District, 18 hours per day, seven days per week, from 7 a.m. to 1 a.m. for the entire contractual term. The Contractor shall meet or exceed response time performance standards for at least eighty-five percent (85%) of requested Contractor ambulance responses to EMS incident locations. C.2 APPLICABLE DOCUMENTS The following documents are applicable to this procurement and are hereby incorporated by this reference:
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Item No. Document Type Title Version1 D.C. Code D.C. Code 7-2341 (EMS Act of 2008) 20082 D.C. Municipal Regulations 27 DCMR 2425.9 MostRecent3 D.C. Municipal Regulations 29 DCMR 510 MostRecent4 District DOH Policy DC-DOH EMS Policy 2014-0023 (Revision 1) MostRecent5 Industry Standards NFPA 1917 (Standard For Automotive Ambulances) MostRecent6 Federal Regulations GSA Federal Specification Document: KKK-A-1822 (B-F) Emergency Medical Care Surface Most Recent7 Federal Law 49 U.S.C. Chapter 301 (Motor Vehicle Safety) MostRecent8 Industry Standards SAE J2498 (Minimum Performance of Warning Light Systems used on Emergency Vehicles) MostRecent9 Federal Regulations 40 CFR Subchapter C-Part 86 (Control of Emissions from New and In-use Highway Vehicles and Engines) Most Recent10 Federal Law National Traffic and Motor Vehicle Safety Act of 1966 (Federal Motor Vehicle Safety Standards) MostRecent11 Federal Regulations OSHA 29 CFR 1910.1030 (Blood Bourne Pathogens) MostRecent12 D.C. Government Standard Contract Provisions July 2010 13 DCMR (District of Columbia HIPPA Requirements) MostRecent14 D.C. FEMS Department Pre-Hospital Care Report (See Attachment J.10) MostRecent15 D.C. FEMS Department Against Medical Advice Summary Audit (See Attachment J.11) MostRecent16 D.C. FEMS Department (Monthly) Patient Care Performance Report (See Attachment J.12) MostRecent17 D.C. FEMS Department Basic & Advanced Life Support Ambulances (Equipment List) Most Recent C.3 DEFINITIONS Certain words and acronyms used in this section of the contract shall have the following meanings: C.3.1 ALS: Advanced Life Support. C.3.2 AMA: Against Medical Advice.
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C.3.3BLS: Basic Life Support. A level of medical care provided by pre-hospital emergency medical services at the basic emergency response technician level and in accordance with the national scope of practice for a basic level provider. C.3.4 CAD: Computer Aided Dispatch. C.3.5 Contractor: The private company that has been awarded the contract by the competitive Request for Proposals process by the District of Columbia. C.3.6 CPI: Consumer Price Index. C.3.7 Department (or FEMS): District of Columbia Fire and Emergency Medical Services Department. C.3.8 Deployed Ambulance: A fully equipped, fully staffed and fully functioning Contractor ambulance. C.3.9 Deployment Plan: A detailed ambulance deployment schedule, posting planned unit hours developed by the Contractor and agreed by FEMS, taking into account all information and trends available to the Contractor, as well as estimated calls per day, in accordance with the Unit Hours and annual financial cap set forth in this contract, and submitted bi-annually to FEMS. C.3.10 The District: The District of Columbia, to include both Federal properties and land. C.3.11 DOH: District of Columbia Department of Health. C.3.12 ePCR: Electronic Patient Care Report. C.3.13 EMS: Emergency Medical Service. C.3.14 EVOC: Emergency Vehicle Operators Course. C.3.15 GPS: Global Positioning System. C.3.16 On-Scene Time: The time when a Contractor ambulance arrives at the correct stopped traveling and is located less than one hundred meters from a correct incident -Scene system. Arriving at the correct location of an incident shall be verified by means of GPS location data recorded by the Contractor or OUC CAD system. If a Contractorambulance or the CAD system fails to record an -Scene an - location data, or shall be established as the time when Contractor personnel first made contact with FEMS unit personnel who requested the Contractor ambulance. C.3.17 OUC: The District of Columbia Office of Unified Communications Emergency Dispatch Center.
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C.3.18Peak Season:The period from May 1stthrough October 31stwithin a calendar year. C.3.19 QA/QI: A quality assurance quality improvement program for medical care providers that is designed to review the quality of care of providers, provide employee feedback, and drive training and performance improvements. C.3.20 Request Received Time: The time when the Contractor receives a request from FEMS which shall include the exact location of the incident, summary of the destination of choice for a Contractor ambulance to respond to an incident location. Received shall be verified by means of date/time stamp C.3.21 Response Time: The duration of time (in minutes and seconds) from when the Contractor receives a request from FEMS for a Contractor ambulance to respond to an incident location Received until when a Contractor ambulance arrives -calculated by means of evaluating the difference (in minutes and seconds) between-the period of time to process, verify location and dispatch the appropriate Contractor unit to the call. C.3.22 Unit Hours: The duration of time (in hours and fractions of hours) that a fully equipped, fully staffed and fully functioning Contractor ambulance is available for service as required by the terms and conditions of this agreement. Unit hours shall include all Contractor ambulance hours spent waiting to respond for incidents, traveling to pre- positioning locations within the District of Columbia, traveling to incidents, at incidents, transporting patients to hospitals, at hospitals,cleaning, re-stocking and/or preparing Contractor ambulances for returning to service after transporting a patient, refueling, returning or traveling to pre- positioning locations within the District of Columbia after transporting a patient, or other time authorized by written agreement between FEMS and the Contractor. Unit hours shall not include any Contractor ambulance hours spent out-of-service for lack of equipment or personnel, or for mechanical failures, maintenance or repairs. C.4 BACKGROUND FEMS is required to provide pre-hospital medical care and transportation in the District. The EMS per capita call volume is one of the highest in the nation. In response to all types of emergency calls and to provide quality care for EMS patients. Because FEMS ambulances are required to remain out-of-service while transporting lower priority BLS patients to hospitals, these transports reduce resources available for patients with life threatening injuries and illnesses. This potential creates a threat to the public health, welfare and safety of District residents. As a result, on October 6, 2015, the Council of the District of Columbia approved emergency legislation allowing FEMS to
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contract with a third-party ambulance company for providing supplemental pre-hospital medical care and BLS ambulance transport services. FEMS launched the Nurse Triage Line(also called Care Right in 2018 to provide additional alternative pathways for low acuity, non-emergency patients. During fiscal year 2019 FEMS EMS units responded to over 181,000 calls for service, which resulted in 100,577 transports to local emergency rooms. FY2020 saw a reduced call volume for FEMS, which is believed to be a result of the COVID-19 pandemic. The Department expects EMS calls to return to pre-COVID-19 levels as the District re-opens and the pandemic subsides. C.5 MINIMUM REQUIREMENTS C.5.1 The Contractor shall continuously meet or exceed District DOH Emergency Medical Services regulations (see: District of Columbia Municipal Regulations, Title 29, Chapter 5), including all requirements prescribed by each of the following: C.5.1.1 29 DCMR § 501 (Ambulance Services); C.5.1.2 29 DCMR § 507 (Records); C.5.1.3 29 DCMR § 509 (Patient Care Reports); C.5.1.4 29 DCMR § 510 (Vehicle Certifications); C.5.1.5 29 DCMR § 513 (Vehicle Inspections); C.5.1.6 29 DCMR § 514 (Vehicle Operating Standards); C.5.1.7 29 DCMR § 515 (EMS Providers); C.5.1.8 29 DCMR § 517 (EMS Providers EMTs); C.5.1.9 29 DCMR § 525 (EMS Providers Certification Cards); C.5.1.10 29 DCMR § 526 (EMS Providers Scope of Practice); C.5.1.11 29 DCMR § 549 (Transportation of Patients). C.5.2 The vendor must be capable of providing a sufficient number of emergency transport units that allows them to comply with the response time performance standards in this section at least 85% of the time within the six FEMS Battalions of the District during the agreed upon hours of operation. C.5.2.1 The response time performance standards are: C.5.2.1.1 Ninety second call processing and dispatch time C.5.2.1.2 Ten minute response to the scene time
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C.5.2.1.3 Eleven minutes and thirty seconds total time for call processing and response time. C.5.2.2 In the event a vendor transport unit fails to meet the required response time that unit will be assessed a penalty of $16.72 per minute for each minute over the set standard up to the five-minute late mark. The penalty structure listed below will be assessed for failed response time performance above the five-minute late mark. C.5.2.2.1 5:00- 5:59 minutes late $ 150.00 C.5.2.2.2 6:00- 6:59 minutes late $ 200.00 C.5.2.2.3 7:00- 7:59 minutes late $ 300.00 C.5.2.1.4 8:00- 8:59 minutes late $ 400.00 C.5.2.1.5 9:00 or greater minutes late $ 576.00 C.5.2.3 The vendor must maintain a communications system that is able to CAD System, and ensure the closest available transport unit is dispatched to an incident location. C.5.2.4 The vendor must have and maintain and keep, in full force, at its own costs and expense, insurance coverage at the limits prescribed by the C.6 STANDARDS C.6.1 The vendor shall continuously meet or exceed the patient care performance standards set Contractor shall have its own Medical Director. C.6.2 The vendor must have in place a QA/QI process to monitor employee performance. The vendor will be required to provide FEMS with access to all QA/QI records and reports related to this contract. C.7 RESPONSE PROTOCOL C.7.1 FEMS shall be the designated first responder for most 911 emergency medical incidents within the District and will perform the initial triage and interrogation of patients FEMS is dispatched to, as well as provide ambulance transport for ALS patients and some BLS incident, a FEMS first responding unit determines a patient only requires lower priority BLS ambulance transport, the first responding FEMS unit will request that a vendor ambulance respond to the incident. After receiving a request, a vendor ambulance shall then immediately respond to the location of the incident and transport the patient to an area hospital as directed by FEMS or the OUC. There may also be times when the
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vendor ambulance is directly dispatched to a location as the primary transport unit along with an FEMS first responder or by themselves alone if the incident only requires a BLS transport unit. C.7.2 The vendor must have and maintain at no cost to the District of CAD and radio system that will: C.7.2.1 Allow them to dispatch and track their units with accurate time stamps for their time of dispatch, arrival to the scene, time of departure from the scene, and their arrival to the receiving medical facility; and. C.7.2.2 Be capable of being integrated with the OUC CAD system for the purpose of being dispatched by the OUC, as well as for continuity of event records and data. C.7.3 The vendor must have communications equipment in place that allows for immediate two-way communications between deployed transport units and the atch center. The device must also contain an emergency alert activation system that can be utilized by the employees if emergency assistance is needed. C.8 VEHICLE STANDARDS C.8.1 The vehicles must be of a Type I, II, or III and shall meet or exceed the higher of the current Federal KKK-A-1822 standards and applicable District requirements. Vehicles shall be certified in accordance with the requirements of 29 DCMR § 510 and be able to fulfill the BLS patient care and transport requirements of the contract. All replacement vehicles shall meet the then current Federal KKK standards at the time of the vehicle being placed into service, except where such standards conflict with District or DOH standards, in which case the higher standard will prevail. C.8.2 The Contractor shall have a vehicle maintenance program that is designed and conducted to achieve high standards of reliability appropriate to a modern emergency BLS ambulance service. C.8.2.1 The program shall utilize appropriately trained personnel with knowledge in the maintenance and repair of ambulances, developing and implementing maintenance practices, and incorporating an automated maintenance program record keeping system. C.8.2.2 Vehicles supplied by the vendor must meet all road safety requirements and have valid inspection certificates at all times when operating within the DC 911 system. C.8.2.3 All equipment and supplies shall be maintained in a clean, sanitary, and safe mechanical condition at all times. C.8.3 All advertising and markings on ambulance units shall emphasize the use of the 911 emergency telephone number for emergencies and comply with the requirements set forth in 29 DCMR § 501. The advertising of other telephone numbers of any type of
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emergency service is not permitted on vehicles in use as part of the911 emergency response system. C.8.4 The vendor will be solely responsible for the housing and storage of their emergency transport vehicles and equipment. C.8.5 The vendor must be able to provide transport units capable of transporting patients who require bariatric support. C.9 PATIENT CARE REPORTING C.9.1 The vendor will be required to utilize the patient care reporting system that is being utilized by FEMS. The cost for items associated with the software and hardware for the reporting program will be the responsibility of the vendor. C.9.2 The vendor must have in place a system that will allow the electronic transfer of any documents requested by FEMS within 72 hours of the requests. C.10 EMPLOYEE TRAINING C.10.1 The vendor must employ personnel who are National Registered Emergency Medical Technicians and have the appropriate credentials required by the District of Columbia Department of Health (DOH) for emergency responders. All associated costs for the required certification will be the responsibility of the vendor or the employees. C.10.2 The vendor must have the ability to provide its own training programs utilizing certified instructors in the delivery of required training to include an Emergency Vehicle Operators Course (EVOC), required continuing education units (CEU), CPR and AED, and FEMS BLS Medical Protocols. C.10.3 The vendor will be solely working under the terms of this contract meet and maintain all credentials required by DOH for the delivery of emergency medical services in the District of Columbia.
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SECTION C: STATEMENT OF WORK/SPECIFICATIONS: NURSE TRIAGE LINE/RIGHT CARE RIGHT C.11 SCOPE The D.C. Fire and Emergency Medical Services Department is seeking a contractor to createand manage a 911-associated nurse triage line (NTL) program, which is a secondary telephonic triage conducted by an Emergency Care Nurse (ECN) during the 911 call intake process. The interface and make available a web portal for alternative destination points of referral. The Contractor shall possess knowledge of existing District of Columbia 911 systems, functions, and connectivity, as well as in-depth knowledge of municipal or county emergency medical protocols. The Contractor shall have the operational infrastructure and equipment, program management, system design, system integration, personnel, and oversight to implement and manage this effort. The proposed system needs to be an evidenced-based Clinical Decision Software System (CDSS), with at least one nurse co-located at the District of of Unified Communication during daytime hours of operation. The goal of this system is to reduce demand of its overtaxed EMS system, offload the overcrowded emergency departments, and provide better patient outcomes through care delivery at primary care and/or urgent care sites.The NTL shall utilize the Health Information Exchange (HIE), known as CRISP, which shall be made accessible to the Contractor via web portal by the D.C. Department of Healthcare Finance (DHCF) and other sources for health information that is made available to the NTL. The CDSS shall be able to provide the ECN the names and locations of alternative destinations (ALTD), taking into consideration the ALTD hours of operation, physical location, and capacity -based referral platform. C.12 APPLICABLE DOCUMENTS The following documents are applicable to this procurement and are hereby incorporated by this reference: Item No. Document Type Title Date1 Subtitle I of the FY 2017 Budget Support Act of 2016 Integrated Health Care Task Force Establishment Amendment Act of 2016 June 2016 2 Final Recommendation Report Integrated Health Care Collaborative Final Report February 20173 DC Fire & EMS Medical Treatment Protocol EMS Protocol November 2022 C.13 DEFINITIONS These terms when used in this contract have the following meanings: C.13.1 Alternative Destination(s) (ALTD): Any place of care that is not an emergency department which may include, but is not limited to, urgent care facilities, federally qualified health centers, community clinics, primary care offices and dental offices.
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C.13.2Application Programming Interface (API): Refers to any data integration between two database systems. For the purpose of this document, an API could be any means to have data transferred between two systems on or off a shared network. It refers to all the programing, interfaces, and firewall changes needed to ensure that data moves smoothly from one system to another. C.13.3 Caller: The individual who has called 911 seeking medical attention. C.13.4 Contract Administrator (CA): The individual responsible for overseeing the conduct of contract work and performing all actions necessary to verify whether the goods, services, or construction conform to contract quality requirements. C.13.5 CAD 2 CAD: A process by which there is a bidirectional communication between two different CAD systems. C.13.6 CASENET: Provides an enterprise care management platform to improve individual and population health through better care coordination, quality and delivery. C.13.7 Criteria Based Dispatch (CBD): An emergency medical dispatch triage program that is based on patient signs and symptoms collected by 911 dispatchers. C.13.8 Criminal Justice Information System (CJIS): A division of the U.S. Federal Bureau of Investigation that consists of several databases and one subsystem, with data retrieval and update capabilities that are online. C.13.9 Contractor/Vendor: The private company that receives the award to execute the requirements of this contract. C.13.10 Chesapeake Regional Information System for our Patients (CRISP): Utilized by hospitals and clinics to document patient interactions and facilitate the sharing of that information across hospitals and clinics. This system is a form of HIE owned by a not-for-profit independent group. C.13.11 DCGOV/District: Government of the District of Columbia. C.13.12 D.C. Primary Care Association (DCPCA): A non-profit health equity and advocacy organization dedicated to improving the health of District of Columbia residents. C.13.13 Department of Healthcare Finance (DHCF): The District of state Medicaid agency that provides health care services to low-income children, adults, the elderly and persons with disabilities. C.13.14 Electronic Clinic Works (ECW): Electronic health record system utilized by all District of Columbia Federally Qualified Health Clinics (FQHC).
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C.13.15Emergency Department (ED): A hospital unit that specializes in emergency medicine and the acute care of patients who present without prior appointment. C.13.16 Electronic Health Exchange (EHX): An electronic data portal that allows all FQHCs clinical sites in Washington, DC to share electronic health records. C.13.17 Emergency Care Nurse (ECN): A nurse professional trained to triage non-emergency 911 calls according to computer based protocol, formulate patient treatment plans, and assist patients in arranging appropriate care and transport. C.13.18 Emergency Care Nurse System (ECNS): A comprehensive computerized nurse navigation system used by an ECN to triage low acuity 911 calls. C.13.19 Emergency Communication Center (ECC): First point of contact for 911 callers seeking emergency services; it is responsible for the effective performance of all emergency communications relating to a fire, rescue, or emergency medical service. C.13.20 Emergency Medical Dispatch (EMD): A system that enhances services provided by emergency call takers by using criteria-based system-questioning guidelines to narrow the caller's medical situation to better determine and dispatch appropriate emergency services. C.13.21 Federally Qualified Health Centers (FQHC): A reimbursement designation from the Bureau of Primary Health Care and the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services. C.13.22 Federal Risk and Authorization Management Program (FedRAMP): AU.S. government-wide program that provides a standardized approach to security. C.13.23 Health Information Exchange (HIE): A unified interoperable infrastructure that provides the technology, processes, and operations needed to facilitate the secure exchange of health information between provider organizations, District agencies responsible for public and population health, and other stakeholders on behalf of patients. C.13.24 Health Plan: An individual or group insurance plan that provides, or pays the cost of, medical care. C.13.25 Missed Call: Any call transferred to the ECN by the 911 call taker or an NTL dedicated telephone number that is not answered by the ECN within 20 seconds. C.13.26 Office of the Chief Technology Officer (OCTO): The central technology department for the District of Columbia, which develops, implements, and C.13.27 Office of Unified Communications (OUC): The District of Columbia emergency (911) and non-emergency (311) call center.
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C.13.28 Personally Identifiable Information (PII): Data that can be used on its own or with other information, identifies, contacts, and/or locates a single person. C.13.29 Primary Care Physician/Provider (PCP): A health care practitioner who sees people that have common medical problems, and also provides, coordinates or helps a patient access a range of health care services. C.13.30 Registered Nurse (RN): A nurse who has graduated from a nursing programand met the requirements outlined by a country, state, province or similar licensing body to obtain a nursing license. C.13.31 Right Care Right Now/Nurse Triage Line (RCRN or NTL): Conducts a secondary telephonic emergency medical triage of 911 low acuity calls and coordinates transport and clinic site referrals for these callers. C.13.32 Secondary Telephonic Medical Triage (STMT)/ Nurse Triage Line (NTL): the practice of assigning alternative options to emergency response to a lower acuity patient that has called into the 911 system and has been determined to not require a rapid or routine ambulance response. C.13.33 Secondary Telephonic Medical Triage Evaluation (STMTE): The process of evaluating the outcomes of calls triaged through STMT. C.13.34 System: Describes all the software and hardware necessary to maintain records management and database tracking. This includes back-end hardware and software such as database software and servers, and all front-end software and hardware, such as Microsoft Office and PCs. C.14 BACKGROUND -emergency callers to 911, in 2017, the Integrated Healthcare Collaborative (IHC) recommended that the District establish a nurse triage line. C.15 REQUIREMENTS C.15.1 The Offeror who is awarded this contract shall establish relationships with DCFEMS interagency partners such as the Office of Unified Communications,D.C. Department of Health, D.C. Department of Healthcare Finance, and the Office of the Chief Technology Officer to ensure full compliance with existing District programs, as well as optimum performance under the contract. C.15.2 The Offeror shall have experience with EMS based 911 systems, functions, and connectivity, and in-policies and procedures. The Offeror shall EMS procedures and protocols at their cost before the required go live date. C.15.3 The Contractor shall establish a comprehensive STMT/NTL system to divert appropriate low acuity 911 callers from the emergency response system to a non-ED clinical setting by using an evidenced based clinical decision supported
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system for secondary triage of low-acuity 911 calls between the hours of 7:00 a.m. to 7:00 a.m., seven days per week, 365 days per year. C.15.4 -transferred and direct calls along with the ability to transfer and migrate calls, voice and other data back to the OUC system for dispatch. C.15.5 The system shall enable the ECN to coordinate referrals to an ALTD and transportation, if appropriate. The system shall have an internal mechanism that will disallow the ECN from selecting an ALTD that is unavailable or closed. C.15.6 On a daily basis the Contractor shall have a minimum of one registered nurse (RN) with a valid D.C. license and preferred experience as a nurse and/or paramedic in triage, ER, acute and non-acute clinical settings. At least one RN Contractor shall maintain personnel sufficient to meet the requirements of this contract. C.15.7 The Contractor shall be capable of integrating its call and database technology with the 911 CAD system. Additionally, the system shall provide various modes of communication (such as telephone, paper, voice and data transfer) with the existing systems. C.15.8 The STMT/NTL system shall be operated and managed by trained formulate an appropriate referral to an ALTD. The offsite ECN shall be, at a minimum, a licensed vocation nurse or a licensed practical nurse with a valid license to practice in the District of Columbia. C.15.9 acuity calls and determine ALTDs that meet the identified clinical need, inclusive of the time in which care should be rendered. C.15.9.1 The STMT will present the ECN with a list of matching ALTDs taking into consideration all ALTD hours of operation, physical location, and mutually agreed to factors by the undersigned. C.15.9.2 The list of matching ALTDs may be further filtered if additional information is readily available to the ECN at the time of triage, such as insurance information and past medical history. C.15.9.3 Further filtering will be done with the objective to refer callers to ALTDs that are in-network, the last location where medical attention was rendered, or is the facility that provides the primary care. C.15.10 If a referral to an ALTD is made by the ECN, the ECN shall ask the caller if they have reliable transportation. If the caller does not have reliable transportation and insurance information is readily available at the time of triage, the SMT algorithm shall present a list of approved transportation vendors or brokers identified by the specific Health Plan.
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C.15.10.1 management of transportation under this program, the transportation coordination, arrangement and completion may be managed according to the service level agreement under this contract. C.15.10.2 does not include transportation, the ECN shall coordinate transportation arrangements for the Caller using the resources provided by the District. The Contractor shall have no responsibility for the responsiveness and/or performance of the selected vendor or broker. C.15.11 If there is no appropriate ALTD available that meets the identified needs after triage, or the transportation vendor/broker is not responsive or able to confirm pickup within 30-60 minutes, the caller shall be sent back to the OUC to have an ambulance dispatched. C.15.12 The Contractor shall ensure that the STMT/NTL system protocol is an evidence-based EMS medically-approved protocol (considered the standard of practice in emergency dispatch) that will enable the ECN to accurately and consistently triage low-acuity EMS calls over the phone. This protocol must be approved by Director. C.15.13 The STMT/NTL team must have the capability to answer and process up to 100 calls per day. C.15.14 The STMT/NTL system shall make available a web-based referral platform for any interested ALTD facility. The web-based referral platform can be securely accessed by the ALTD facility. C.15.15 The Contractor shall be granted access to the HIE web-based patient profile portal by the responsible District of Columbia government agency. C.15.16 The Contractor shall be given an active census file from the District of DHCF to expedite the patient lookup process and identify the on. C.15.17 The STMT/NTL system shall be able to seamlessly redirect callers back into the 911 system when a determination is made by the ECN that the caller requires emergency care and transport. The process flow for redirecting callers back to 911 shall be approved by FEMS and OUC. The Contractor shall ensure that there is a secondary (alternate) path to redirect calls back to the OUC in the case of CAD to CAD connection failure. C.15.18 The Contractor shall utilize an outside vendor to initiate an outbound customer satisfaction survey within 24 hours after the original call. The Contractor shall also provide a weekly report, to include the date, time, name of person spoken to, and overall outcome of each call. The survey tool shall be represented as
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FEMS conducted by email, text message, and/or telephone. This follow-up is a requirement of the program and necessary to assess patient experience and satisfaction. C.15.19 The Contractor shall have, maintain and keep at its own cost all employee physical access to a D.C. Government building shall have a background check include (but not be limited to) drug and criminal background checks. The results of these checks and certifications shall be renewed and results provided every two years for ongoing employees, and at the date of hire for new employees. C.15.20 The Contractor shall sign a service level agreement and a data sharing agreement as needed. C.15.21 The Contractor shall include in its system a method by which the system is able to capture all NTL eligible calls not transferred to NTL with a time stamp that can be linked to other common data elements in CAD for tracking purposes. The design can be automated upon script pop-up or via a button that can be clicked by the call taker after completion of script reading, for warm handoff to the ECN. C.15.22 The Contractor shall track each individual NTL eligible call data using the format below and produce a monthly report in a .csv file format. Call_ID Date_Time Assign_NTL Nurse_Avail Connect_to_Nurse Nurse_Local Waitlist_Time 2017-08-22 08:02:01 Yes Yes Yes Yes 00:00:002017-08-22 15:55:01 No Yes No 00:00:002017-08-22 20:43:18 Yes No Yes No 00:02:11 Call_ID: the OUC unique identifier for the call Date_Time: a standard date-time object recording when the call was initiated Assign_NTL: whether the call was randomly assigned to the NTL or not Nurse_Avail: whether the nurse was available at the moment of assignment Connect_to_Nurse: whether the caller was ever connected to the nurse Nurse_Local: whether the available or connected nurse was local or backup (in another City/call center) Waitlist_Time: if a waitlist is used, how long the caller waited for the nurse
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C.16PROJECT C.16.1 The Contractor shall implement a system that is capable of quickly creating and The system data analytics that come from the said system shall be the sole property of the Government of the District of Columbia, specifically FEMS and OUC. The Contractor is not authorized to share any data generated from this contract outside of their company without prior approval of the District/CA. The Contractor is responsible for maintaining all software licensure throughout the workflow process. The system shall maintain a 99.9% uptime, and all redundancies, mirroring, and back-ups are the responsibility of the Contractor. This uptime includes time from PC to server. A network architecture diagram shall be provided, to include a back-levels for HIPAA reporting. Any commercial cloud services used by the Contractor shall be hosted in the U.S., and the minimum CJIS security requirements of that service shall be provided and approved by FEMS while working with the OUC security Manager. It is recommended that if commercial cloud services are used, the Contractor shall utilize the minimum Cloud security requirements, such as FEDRAMP compliant Government nurses shall be provided by the District, and power outages that result in the outage of C.16.2 The Contractor shall consider additional data integrations with payer systems, HIEs, EHRs, and other data sources. The sole discretion to invest the necessary capital to facilitate additional data sources will reside with the Contractor. Nothing in this agreement shall limit the parties from pursuing the integration of other data sources. C.16.3 The system shall utilize the dynamic patient profile supplied by the DCHF and accessed through the Health Information Exchange. C.16.4 The -on for access to all programs and shall have the capability to view all the various components of information resources, such as nearest clinic site, previously visited PCP site, clinic walk-in availability and transportation options and status update of transport request on one screen. Password(s) shall meet CJIS compliance. C.16.5 h information for past medical history, medications, allergies, and available resources site based on the present location and medical needs through the web portal provided to the Contractor from various HIEs, such as but not limited to MMIS, CRISP, EHX, CASENET, ECW etc. C.16.6 - based referral platform offered by the Contractor. The referral notice shall include call outcome notification, in a form of an active pop-up alert to the ALTD, and email or text email or both. demographics and chief complaint. Alerts to patient shall include instruction for self-
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care disposition, ALTD resources, time recommended by the ECN for clinic visit disposition and, if applicable, transportation details. C.17 IT TECHNICAL SUPPORT C.17.1 The Contractor shall provide technical support as required at no cost to the District of Columbia for the full term of the contract. C.17.2 The Contractor shall respond to requests for technical support and provide a diagnosis and resolution plan within 30 minutes of the submitted request for service. The problem resolution plan shall include but not be limited to, the description of the problem, genesis of the problem, solution for the problem, and an estimated time for resolution of the problem. C.17.3 The Contractor shall be available from 7 a.m. to 7 a.m. for support during working days, and able to resolve outages in accordance with the requirement to maintain a 99.9% up-time or sooner for high priority population when reported. C.17.4 The Contractor shall be responsible for all server, database, and application updates, and ensure recent versions of software are installed no later than three months after release. The system shall maintain a 99.9% up-time, and all redundancies, mirroring, and back-ups are the responsibility of the Contractor. This uptime includes from PC to server. C.18 PERFORMANCE MONITORING C.18.1 The Contractor shall submit to the Contract Administrator a weekly, monthly and quarterly report, including at a minimum the following information: C.18.1.1 The number of low acuity calls transferred by 911 call taker to the NTL. C.18.1.2 The number of low acuity calls triaged. C.18.1.3 The number of low acuity calls transferred back to 911. C.18.1.4 The number of low acuity calls received from a dedicated NTL phone line. C.18.1.5 The minimum and maximum time spent between each step, for example call pick up to triage, triage to clinic referral, clinic referral to transport coordination, and clinic referral to end point. C.18.1.6 The average and minimum and maximum total time per call from direct call transfer to call completion. C.18.1.7 The average minimum and maximum time spent at each step. C.18.1.8 The time and date for each customer feedback callback compared date and time for the initial call from 911 and must include all Customer Satisfaction metrics.
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C.18.1.9 The average minimum and maximum pick-up time by the NTL for each 911 transferred and direct calls. C.18.1.10 Sign in and sign out times for personnel physically located at their designated work location and a report indicating first and last triaged call. C.18.1.11 The number of triaged calls that were referred to each of the destination healthcare sites. C.18.2 The Contractor shall provide FEMS a monthly and quarterly report containing the following information. The contractor must also provide FEMS definitions for each of the categories utilized to classify call outcomes. C.18.2.1 Number of calls referred to the triage nurse that were not identified as an NTL eligible call. C.18.2.2 Number of calls dropped during transfer. C.18.2.3 Number of calls transferred to NTL without an introductory handoff. C.18.2.4 Number of calls transferred to the NTL that were referred back to 911. C.18.2.5 Number of calls prematurely terminated by callers referred to NTL. C.18.2.6 Number of calls answered by ECN in a day, with an hourly breakdown. C.18.2.7 Number of calls resulting in self-care disposition. C.18.2.8 The number of calls resulting in same day, within 24 hours and more than 24 hours referrals to an alternate healthcare site. C.18.2.9 The number of calls referred to the NTL with a disposition of an immediate emergency response vehicle. C.18.2.10 Number of calls with an alternate disposition in which it is known through the records accessible to the contractor that the caller had an unexpected death. C.18.2.11 Number of calls with the disposition of poison control referral. C.18.2.12 Number of calls referred to the nurse triage with an identified nurse triage deviation algorithm. Any time there are calls in this category, an explanation for the deviation must be provided. C.18.2.13 Patient satisfaction survey results with breakdown of result for each question. C.18.2.14 Number of transportation vendor referrals that were incomplete.
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C.18.2.15 Number of calls that resulted in a disposition of an appointment C.18.2.16 Number of calls resulting in care from an urgent care facility C.18.2.17 Number of calls in which the caller was referred to a healthcare system that was not the last healthcare system. This will apply only for the patients whose data is available through the HIE. C.18.2.18 Number of calls not answered within 20 seconds or less. C.18.2.19 Number of uninsured callers referred to the ALTDs, broken down by each ALTD system. C.19 INQUIRIES AND COMPLAINTS C.19.1 The Contractor shall forward to the CA (or their designee) copies of all unsatisfactory surveys related to the services provided under this contract per occurrence and no less than three days following the survey completion. Unsatisfactory surveys received by the District shall be forwarded to FEMS for a determination as to how the feedback will be handled. If FEMS refers the feedback to the Contractor for investigation, the Contractor shall provide FEMS a report regarding the investigation and the disposition within five business days of receipt of the said report. This whole contract is subject to the District of Columbia confidentiality laws. C.20 PERSONNEL C.20.1 minimum, a licensed vocation nurse or licensed practical nurse with a valid license in the District of Columbia. The on-site ECN shall be a registered nurse with a valid license in the District of Columbia. The ECN shall have all other valid licensures and certifications required to provide emergency clinical care in the District of Columbia as dictated by DC DOH. Licensure compliance reports shall be provided yearly to the CA and the FEMS Medical Director. C.20.2 The Contractor shall ensure that there is always a minimum of one ECN on duty for each eight-hour shift at the OUC during the duration of the project. Additionally, the Contractor shall ensure that there is adequateoff-site staffing 24 hours per day to respond to the required call volume of up to 100 calls per day within the required response time stipulated in thiscontract. It is the responsibility of the Contractor to ensure staffing coverage in the case of an unexpected leave/absence by its onsite employee. C.20.3 The Contractor shall be required to ensure that its employees undergo cultural competency training relevant to the District of Columbia.
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C.21FINANCE C.21.1 The Contractor shall reserve the right to develop billing codes and reimbursement models with medical insurance companies. The Contractor shall also have the right to bill medical insurance companies according to established billing codes and reimbursement models for services rendered by the Contractor. C.22 PERFORMANCE STANDARDS REQUIREMENTS C.22.1 Performance Standards and Requirements are a minimum of 100 calls per day answered within 20 seconds, 95% of the time. C.22.2 The Contractor shall meet with the FEMS CA and Medical Director ona bi-monthly basis to review the performance measure status and to ensure that each performance metric target of 95% is achieved. C.22.3 The Contractor shall include in its project plan, a testing period for FEMS/ OUC callers for a minimum 30 days. C.23 LIQUIDATED DAMAGES C.23.1 The Contractor is responsible for determining the staffing needs to meet the minimum requirements of this contract. If at any time the contractor staff fails to answer a call for service, the contractor may be subject to a fine of 150.00. The Contractor will have the opportunity to determine the reason for the call not being answered prior to being assessed a fine for the incident. If it is determined the failure was due to inadequate staffing, lack of personnel to properly perform their task, or lack of proper training a fine of the previously stated amount will be assessed for each occurrence resulting in a failed call for service. C.23.2 The Contractor will apply any previously fined amount as a credit to the District of Columbia on the next bill due for payment submitted to the District of Columbia. C.23.3 The Contractor may submit any request for exemption related to failed call fines for review to the Contract Administrator, providing all details and supporting documentation for the exemption request. C.23.4 The Contract Administrator will review all requests for exemptions and determine if the request is valid. Upon the exemption request determination, the CA will notify the Contractor of the determination providing details as to why or why not the request for exemption was granted. Upon the final determination by the CA the Contractor will be responsible for payment credit of all issued fines.
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C.24DELIVERABLES CLIN Deliverable Quantity Format/Method of Delivery Due Date C.11 - C.24 Operational and Logistical Daily status reports Daily Email 10 am C.11 - C.24 Breakdown of results from the 24 hrs. patient satisfaction survey/follow up with all analytical metrics 1 Email Weekly, monthly, and quarterly or within 24 hours of request C.11 - C.24 Copies of all unsatisfactory survey(s) 1 Email Per occurrence and no later than 3 days of survey completion.C.11 - C.24 Delivery of required to FEMS for imaging 1 Onsite 8 weeks prior to go live date C.11 - C.24 CJIS compliant firewall setting/port requirement set up 1 Email 6 weeks prior to go live date C.11 - C.24 Alert to patient PCP for patients identified in HIE Per occurrence Email, text Within 5 minutes of call completionC.11 - C.24 Alert to MCO 1 Web portal or file exchange Within 24 hours of completion of all patients covered by the participating MCO C.11 - C.24 Web portal available to ALTDs Per occurrence Email, text Within 5 minutes of call completionC.11 - C.24 Alert to patient Per occurrence Email, text Within 5 minutes ofcall completionC.11 - C.24 Report of alerts to destination site, caller and PCP 1 Email Weekly, Monthly, quarterly and or within 24 hrs. of request C.11 - C.24 Performance monitor and Monthly Report 1 Email 10th of each month
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C.11 - C.24 Weekly Reports 1 Email Every Wednesdayby 12 NoonC.11 - C.24 List of all unsatisfactory surveys received for investigation and their dispositions 1 Email 5 Business Days Following Conclusion of Disposition of ComplaintC.11 - C.24 Annual HIPAA training certification, Nursing license renewal, CJIS compliance and all other licensure and screening required to perform the functions and duties stipulated in this document 1 Email Yearly C.11 - C.24 Response to tech support requests Per occurrence Email Within 30 minutes of submitted request C.11 - C.24 Project prototype testing and status update report 1 Email Weekly C.11 - C.24 Monthly report in a .csv file format of all NTL eligible calls 1 Email Monthly
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SECTION D: PACKAGING AND MARKING D.1 Not Applicable
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SECTION E: INSPECTION AND ACCEPTANCE E.1 The inspection and acceptance requirements for this 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.1)
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SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES F.1 TERM OF CONTRACT The term of the contract shall be for a period of 365 days from the date of award specified on the cover page of this contract. 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 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 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 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 The Contractor shall perform the activities required to successfully complete the requirements and submit each deliverable to the Contract Administrator (CA) identified in section G.9 in accordance with the following: F.3.1 See C.5.2 C.6.2 (Third Party Ambulances and Dispatch Services) F.3.2 See C.18.2 and C.25 (Right Care Right Now/Nurse Triage Line) F.3.2 The Contractor shall submit to the District, as a deliverable, the report described in section H.5.5 that is required by the 51% District Residents New Hires Requirements and First Source Employment Agreement. If the Contractor does not submit the report as part of the deliverables, final payment to the Contractor shall not be paid pursuant to section G.3.2.
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SECTION G: CONTRACT ADMINISTRATION G.1 INVOICE PAYMENT G.1.1 The District will make payments to the Contractor, upon the submission of proper invoices, at the prices stipulated in this contract, for supplies delivered and accepted or services performed and accepted, less any discounts, allowances or adjustments provided for in this contract. G.1.2 The District will pay the Contractor on or before the 30th day after receiving a proper invoice from the Contractor. G.2 INVOICE SUBMITTAL G.2.1 The Contractor shall create and submit payment requests in an electronic format through the DC Vendor Portal, https://vendorportal.dc.gov G.2.2 The Contractor shall submit proper invoices on a monthly basis or as otherwise instructed by the CA. G.2.3 To constitute a proper invoice, the Contractor shall enter all required information into the DC Vendor Portal after selecting the applicable purchase order number 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 compliance with 51% District Residents New Hires Requirements and First Source Employment Agreement requirements. G.4 PAYMENT The District will pay the Contractor on or before the 30th day after receiving a proper invoice from the Contractor. Final payment is due to the Contractor within 30 days of the completion of the contract and after receiving a proper invoice. G.5 ASSIGNMENT OF CONTRACT PAYMENTS G.5.1 In accordance with 27 DCMR 3250.1, 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.
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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: instrument of assignment dated , make payment of this invoice to (name and address of assignee G.6 THE QUICK PAYMENT ACT 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 the 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 Thirty 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 after: G.6.1.2.1 3rd day after the required payment date for meat or a meat food 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 must 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:
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G.6.2.1.1 Pay 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 intention to withhold all or part of the payment and state the reason for the nonpayment. G.6.2.2 The Contractor must pay any subcontractor or supplier interest penalties on amounts due to the subcontractor or supplier beginning on the day after the payment is due and ending on the date on which the payment is made. Interest shall be calculated at the rate of at least 1.5% per month. No interest penalty shall be paid on the following if payment for the completed delivery of the item of property or service is made on or before the: G.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.6.2.3 Any amount of an interest penalty which remains unpaid by the Contractor at the end of any 30-day period shall be added to the principal amount of the debt to the subcontractor and thereafter interest penalties shall accrue on the added amount. G.6.2.4 A dispute between the Contractor and subcontractor relating to the amounts or entitlement of a subcontractor to a payment or a late payment interest penalty under the Quick Payment Act does not constitute a dispute to which the District is a party. The District may not be interpleaded in any judicial or administrative proceeding involving such a dispute. G.6.3 Subcontract requirements. The Contractor shall include in each subcontract under this contract a provision requiring the subcontractor to include in its contract with any lower-tier subcontractor or supplier the payment and interest clauses required under paragraphs (1) and (2) of D.C. Official Code § 2-221.02(d). 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: Ty Hunter Contracting Officer Office of Contracting and Procurement D.C. Fire and EMS Department 2000 14th Street, NW Washington, D.C. 20009 202-698-1913 -o- 202-450-9073 c-
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tyranny.hunter@dc.govG.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 . 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 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 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: Edward Mills III Assistant Fire Chief, Emergency Medical Services D.C. Fire and EMS Department 2000 14th Street, NW Washington, D.C. 20009 202-673-3320 Office 202-271-7911 Cell
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edward.mills@dc.gov G.9.3 The CA shall NOT have the authority to: G.9.3.1 Award, agree to, or sign any contract, delivery order or task order. Only the CO shall make contractual agreements, commitments or modifications; G.9.3.2 Grant deviations from or waive any of the terms and conditions of the contract; G.9.3.3 Increase the dollar limit of the contract or authorize work beyond the dollar limit of the contract, G.9.3.4 Authorize the expenditure of funds by the Contractor; G.9.3.5 Change the period of performance; or G.9.3.6 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 advance, in writing, by the CO; may be denied compensation or other relief for any additional work performed that is not so authorized; and may also be required, at no additional cost to the District, to take all corrective action necessitated by reason of the unauthorized changes. SECTION H: SPECIAL CONTRACT REQUIREMENTS
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H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES H.1.1 For all new employment resulting from this contract or subcontracts hereto, as defined in -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 H.1.1.1 At least fifty-one 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 as a result of this contract. The DOES the implementation of employment goals contained in this clause. H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS The Contractor shall be bound by the U.S. Department of Labor Wage Determination Service Contract Act WD # 2015-4281, Rev. No. 19, dated July 1, 2021, incorporated herein at 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 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
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(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 this chapter to: (a) New employees at the commencement of employment; (b) Existing employees; and (c) An employee who notifies the employer of her pregnancy, or other condition covered by this chapter, within 10 days of the notification. H.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
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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 RESIDENT 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 Services, 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 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.
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H.5.9The contractor may appeal any decision of the CO pursuant to this clause to the D.C. Contract Appeals Board as provided in clause 14, Disputes. H.5.10 The provisions of the First Source Act do not apply to nonprofit organizations which employ 50 employees or less. H.6 RESERVED H.7 RESERVED H.8 RESERVED H.9 SUBCONTRACTING REQUIREMENTS H.9.1 Mandatory Subcontracting Requirements H.9.1.1 Unless the Director of the Department of Small and Local Business Development (DSLBD) has approved a waiver in writing, for all contracts in excess of $250,000, at least 50% of the dollar volume of the contract shall be subcontracted to qualified small business enterprises (SBEs). H.9.1.2 If there are insufficient (SBEs) to completely fulfill the requirement of paragraph H.9.1.1, then the subcontracting may be satisfied by subcontracting 35% of the dollar volume to any certified business enterprises (CBE); provided, however, that all reasonable efforts shall be made to ensure that qualified SBEs are significant participants in the overall subcontracting work. H.9.1.3 A prime contractor which is certified by DSLBD as a small, local or disadvantaged business enterprise shall not be required to comply with the provisions of sections H.9.1.1 and H.9.1.2. H.9.1.4 Except as provided in H.9.1.5 and H.9.1.7, a prime contractor that is a CBE and has been granted a proposal preference pursuant to D.C. Official Code §2-218.43, or is selected through a set-aside program, shall perform at least 35% of the contracting effort with its own organization and resources and, if it subcontracts, 50% of the subcontracting effort shall be with CBEs. A CBE 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.9.1.5 A prime contractor that is a certified joint venture and has been granted a proposal preference pursuant to D.C. Official Code §2-218.43, or is selected through a set-aside program, shall perform at least 50% of the contracting effort with its own organization and resources and, if it subcontracts, 35% of the subcontracting effort shall be with 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.9.1.6 Each CBE utilized to meet these subcontracting requirements shall perform at least 35% of its contracting effort with its own organization and resources.
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H.9.1.7A prime contractor that is a CBE and has been granted a proposal preference pursuant to D.C. Official Code §2-218.43, or is selected through a set-aside program, shall perform at least 50% of the on-site work with its own organization and resources if the contract is $1 million or less. H.9.2 Subcontracting Plan If the prime contractor is required by law to subcontract under this contract, it must subcontract at least 50% of the dollar volume of this contract in accordance with the provisions of section H.9.1 of this clause. The plan shall be submitted as part of the proposal and may only be amended after award with the prior written approval of the CO and Director of DSLBD. Any reduction in the dollar volume of the subcontracted portion resulting from an amendment of the plan after award shall inure to the benefit of the District. Each subcontracting plan shall include the following: (1) The name and address of each subcontractor; (2) A current certification number of the small or certified business enterprise;(3) The scope of work to be performed by each subcontractor; and (4) The price that the prime contractor will pay each subcontractor. H.9.3 Copies of Subcontracts Within twenty-one days of the date of award, the Contractor shall provide fully executed copies of all subcontracts identified in the subcontracting plan to the CO, CA, District of Columbia Auditor and the Director of DSLBD. H.9.4 Subcontracting Plan Compliance Reporting H.9.4.1 If the Contractor has a subcontracting plan required by law for this contract, the Contractor shall submit a quarterly report to the CO, CA, District of Columbia Auditor and the Director of DSLBD. The quarterly report shall include the following information for each subcontract identified in the subcontracting plan: (1) The price that the prime contractor will pay each subcontractor under the subcontract; (2) A description of the goods procured or the services subcontracted for; (3) The amount paid by the prime contractor under the subcontract; and (4) A copy of the fully executed subcontract, if it was not provided with an earlier quarterly report. H.9.4.2 If the fully executed subcontract is not provided with the quarterly report, the prime contractor will not receive credit toward its subcontracting requirements for that subcontract. H.9.5 Annual Meetings
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Upon at least 30-days written notice provided by DSLBD, the Contractor shall meet annually with the CO, CA, District of Columbia Auditor and the Director of DSLBD to provide an update on its subcontracting plan. H.9.6 Notices The Contractor shall provide written notice to the DSLBD and the District of Columbia Auditor upon commencement of the contract and when the contract is completed. H.9.7 Enforcement and Penalties for Breach of Subcontracting Plan H.9.7.1 A contractor shall be deemed to have breached a subcontracting plan required by law,if the contractor (i) fails to submit subcontracting plan monitoring or compliance reports or other required subcontracting information in a reasonably timely manner; (ii) submits a monitoring or compliance report or other required subcontracting information containing a materially false statement; or (iii) fails to meet its subcontracting requirements. H.9.7.2 A contractor that is found to have breached its subcontracting plan for utilization of CBEs in the performance of a contract shall be subject to the imposition of penalties, including monetary fines in accordance with D.C. Official Code § 2-218.63. H.9.7.3 If the CO determines the failure to be a material breach of the contract, the CO shall have cause to terminate the contract under the default provisions in clause 8 of the SCP, Default. 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) (theas 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
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(b)To a position designated by the employer as part of a federal or District government program or obligation that is designed to encourage the employment of those with criminal histories; (c) To any facility or employer that provides programs, services, or direct care to, children, youth, or vulnerable adults; or (d) To employers that employ less than 11 employees. H.10.6 A person claiming to be aggrieved by a violation of the Act may file an administrative complaint with the District of Columbia Office of Human Rights, and the Commission on Human Rights may impose monetary penalties against the Contractor. H.11 DISTRICT RESPONSIBILITIES RESERVED H.12 CONTRACTOR RESPONSIBILITIES H.12.1 In addition to the Requirements outlined in Section C. above, the Contractor shall submit to the Contract Administrator a quarterly report, including at a minimum the following information: (1) The number of transports performed; (2) The location where the third-party contractor meets each patient and the name and location of the healthcare facility to which the patient is transported; (3) The average time between the dispatch of the third-party contractor by the Department and the third- (4) The average time that the third-party contractor remains out of service while waiting to transfer the care of a patient to a healthcare facility; (5) The number of third-party contractor ambulances available on a daily basis for District use;(6) The length of the third-party personnel shifts; and (7) The number of employees hired by the third-party contractor, including the number of District residents. H.13 HIPAA BUSINESS ASSOCIATE COMPLIANCE For the purpose of this agreement FEMS, a covered component within the District of Hybrid Entity will be referred to as a as that term is defined by the onic Protected Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the HIPAA Regulations. 1. Definitions
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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 re-pricing; 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 C.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 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:
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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 ii. 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 care in 45 C.F.R. § 164.501. h. Hybrid Entity means a single legal entity that is a covered entity and whose businessactivities include both covered and non-covered functions, and that designates health care components in accordance with 45 C.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 servicesto 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 C.F.R. § 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 C.F.R. § 164.502(g). k. Individually Identifiable Health Information is information that is health information, including demographic information collected from an individual, and;
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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 C.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. shall mean the person designated by the Privacy and Security Official or one of the is responsible for overseeing compliance 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 Privacy and Security Official, and shall be responsive ity 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 C.F.R. part 160 and part 164, subparts A and E.p. Protected Health Information. "Protected Health Information" (PHI) or Protected Health (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 C.F.R. §160.103.Required By Law. "Required By Law" shall have the same meaning as the term "required by law" in 45 C.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 applicable federal and state privacy officer shall follow the guidance of the 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.
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s.Security Rule."Security Rule" shall mean the Standards for Security of Individually Identifiable Health Information at 45 C.F.R. part 164. t. 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. Protected Health 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 C.F.R. §§ 164.308, 164.310, 164.312 and 164.316 as required by § 13401 of the Health Information Technology Economic and Clinical Health Act (February 18, 2010) 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 C.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)
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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 ProtectedHealth Information (A) Person or Entity Authentication 164.312(d) (R) Transmission Security 164.312(e)(1) Integrity Controls (A) Encryption (A) c. 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 -wide Privacy and Security Official and/or the Agency Privacy Officer of the covered component within the d. 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. e. 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 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. f. 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
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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. g. 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. h. 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. i. The Business Associate agrees to provide access within five (5) 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 with the requirements under 45 C.F.R. §164.524. j. 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 k. The Business Associate agrees to use the standard practices of the Covered Entity to verify the identification and authority of an Individual who requests the PHI in a Designated Record Set of a recipient of services from or through the Covered Entity. The Business Associate agrees to comply with the applicable portions of the Identity And Procedure Verification Policy, attached hereto as Attachment J.11 and incorporated by reference. l. 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 C.F.R. § 164.528 and applicable District of Columbia laws, rules and regulations. m. 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 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 C.F.R. § 164.528, and applicable District of Columbia laws, rules and regulations. n. 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
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a time and manner designated by the Secretary, for purposes of the Secretary in determining compliance of the Covered Entity with the Privacy Rule. o. 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). p. 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. q. 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. r. Business Associate may de-identify any and all PHI provided that the de-identification conforms to the requirements of 45 C.F.R. § 164.514(b) and any associated HHS guidance. Pursuant to 45 C.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 a. 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. b. 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. c. 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. d. 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 C.F.R. § 164.504(e)(2)(i)(B). e. Business Associate may use PHI to report violations of the Law to the appropriate federal and District of Columbia authorities, consistent with 45 C.F.R. § 164.502(j)(1). 4. Additional Obligations of the Business Associate
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a. 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 shallsubmit said written report to the Privacy Officer no later than thirty 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 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.b. 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 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 coveredcompliance with HIPAA. v. This agreement continues in force for as long as the Business Associate retains any access to the vi. With respect to the subset of PHI known as ePHI as defined by HIPAA Security Standards at 45 C.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,
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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, 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. c. 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 bargaining agreements. Business Associate agrees to impose sanctions consistent with Business 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 C.F.R. § 164.520, to the extent that such limitation may affect the use or disclosure of PHI by the Business Associate.
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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 C.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
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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 incorrect9. 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
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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 C.F.R. § 164.504(e)(2)(i)(B) and 45 C.F.R. § 164.502(j)(1), whichapplied 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.
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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 Section9. Term and Termination of this HIPAA Compliance Clause and the sections of the Standard Contract Provisions for use with the District of Columbia Government Supply and Services Contracts covering Default and Termination for the Convenience of the District shall survive termination of the Contract. d. Interpretation. Any ambiguity in this HIPAA Compliance Clause shall be resolved to permit compliance with applicable federal and District of Columbia laws, rules and regulations, and the HIPAA Rules, and any requirements, rulings, interpretations, procedures, or other actions related thereto that are promulgated, issued or taken by or on behalf of the Secretary; provided that applicable federal and District of Columbia laws, rules and regulations shall supersede the Privacy Rule if, and to the extent that they impose additional requirements, have requirements that are more stringent than or provide greater protection of patient privacy or the security or safeguarding of PHI than those of the HIPAA Rules. The terms of this HIPAA Compliance Clause amend and supplement the terms of the Contract, and whenever possible, all terms and conditions in this HIPAA Compliance Clause are to be harmonized. In the event of a conflict between the terms of the HIPAA Compliance Clause and the terms of the Contract, the terms of this HIPAA Compliance Clause shall control; provided, however, that this HIPAA Compliance Clause shall not supersede any other federal or District of Columbia law or regulation governing the legal relationship of the Parties, or the confidentiality of records or information, except to the extent that the Privacy Rule preempts those laws or regulations. In the event of any conflict between the provisions of the Contract (as amended by this HIPAA Compliance Clause) and the Privacy Rule, the Privacy Rule shall control. e. No Third-Party Beneficiaries. The Covered Entity and the Business Associate are the only parties to this HIPAA Compliance Clause and are the only parties entitled to enforce its terms. Except for the rights of individuals, as defined herein, to have accessto 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 andthe 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
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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 D.C. Fire and EMS Department 2000 14th Street, NW, Suite 500Washington, D.C. 20009 Attention: Edward Mills III, AFC-EMS
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Fax: Fax: (202) 462-0807 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 hereto and their respective successors and permitted assigns, if any. o. Severance. In the event that any provision of this HIPAA Compliance Clause is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this HIPAA Compliance Clause will remain in full force and effect. In addition, in the event a Party believes in good faith that any provision of this HIPAA Compliance Clause fails to comply with the then-current requirements of the Privacy Rule, such party shall notify the other Party in writing, in the manner set forth in Section 10. Miscellaneous, Paragraph k. Notices. Within ten (10) business days from receipt of notice, the Parties shall address in good faith such concern and amend the terms of this HIPAA Compliance Clause, if necessary to bring it into compliance. If, after thirty (30) days, the HIPAA Compliance Clause fails to comply with the Privacy Rule, then either Party has the right to terminate this HIPAA Compliance Clause upon written notice to the other Party. p. Independent Contractor. The Business Associate will function as an independent contractor and shall not be considered an employee of the Covered Entity for any purpose. Nothing in this HIPAA Compliance Clause shall be interpreted as authorizing the Business Associate workforce, its subcontractor(s) or its agent(s) or employee(s) to act as an agent or representative for or on behalf of the Covered Entity. q. Entire Agreement. This HIPAA Compliance Clause, as may be amended from time to time pursuant to Section 10. Miscellaneous, Paragraph b. Amendment, which incorporates by reference the Contract, and specific procedures from the District of Columbia Department of Health Privacy Policy Operations Manual, constitutes the entire agreement and understanding between the Parties and supersedes all prior oral and written agreements and understandings between them with respect to applicable District of Columbia and federal laws, rules and regulations, HIPAA and the Privacy Rule, and any rules, regulations, requirements, rulings, interpretations, procedures, or other actions related thereto that are promulgated, issued or taken by or on behalf of the Secretary. (Download a copy of the HIPAA Business Associate Compliance clause from www.ocp.in. dc.gov/Policies and Procedures Library/Templates)
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SECTION I: CONTRACT CLAUSES I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS The Standard Contract Provisions for use with District of Columbia Government Supplies and Services Contracts dated July 2010 are incorporated as part of the contract. To obtain a copy of the SCP go to http://ocp.dc.gov, 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.
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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 bid that adaptation 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 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 rights in that subcontractor data or computer software which is required for the District. E. Source Code Escrow
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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 scopeas 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 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
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Contractor shall remain liable to the District for all Contractor's work and services required hereunder. I.8 INSURANCE A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and maintain, during the entire period of performance under this contract, the types of insurance specified below. The Contractor shall 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- / VII or higher. Should the Contractor decide to engage a subcontractor for segments of the work under this contract, then, prior to commencement of work by the subcontractor, the Contractor shall submit in writing the name and brief description of work to be performed by the subcontractor on the Subcontractors Insurance Requirement Template provided by the CA, to the Office of Risk Management (ORM). ORM will determine the insurance requirements applicable to the subcontractor and promptly deliver such requirements in writing to the Contractor and the CA. The Contractor must provide proof of the subcontractor's required insurance prior to commencement of work by the subcontractor. If the Contractor decides to engage a subcontractor without requesting from ORM specific insurance requirements for the subcontractor, such subcontractor shall have the same insurance requirements as the Contractor. The auto, general and workers compensation policies shall contain a waiver of subrogation provision in favor of the Government of the District of Columbia. The Government of the District of Columbia shall be included in all policies required hereunder and professional liability insurance) as an additional insureds for claims against The Government of the District of Columbia relating to this contract, with the understanding that any affirmative obligation imposed upon the insured Contractor or its subcontractors (including without limitation the liability to pay premiums) shall be the sole obligation of the Contractor or its subcontractors, and not the additional insured. The additional insured status under the effected using the ISO Additional Insured Endorsement form CG 20 10 11 85 (or CG 20 10 0704 and CG 20 37 07 04) or such other endorsement or combination of endorsements providing coverage at least as broad and approved by the CO in writing. insurance) shall be endorsed using ISO form CG 20 01 04 13 or its equivalent so as to indicate that such policies provide primary coverage (without any right of contribution by any other insurance, reinsurance or self-insurance, including any deductible or retention, maintained by an Additional Insured) for all claims against the additional insured arising out of the performance of this Statement of Work by the Contractor or its subcontractors, or anyone for whom the Contractor or its subcontractors may be liable. These policies shall include a separation of insureds clause applicable to the additional insured.
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If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits than the minimums shown below, the District requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor and subcontractors. 1. - The Contractor shall provide evidence satisfactory to the CO with respect to the services performed that it carries a CGL policy, written on an occurrence (not claims-made) basis, on Insurance Services Office, Inc. -based form with coverage at least as broad and approved by the CO in writing), covering liability for all ongoing and completed operations of the Contractor, including ongoing and completed operations under all subcontracts, and covering claims for bodily injury, including without limitation sickness, disease or death of any persons, injury to or destruction of property, including loss of use resulting therefrom, personal and advertising injury, and including coverage for liability arising out of an Insured Contract (including the tort liability of another assumed in a contract) and acts of terrorism (whether caused by a foreign or domestic source). Such coverage shall have limits of liability of not less than $2,000,000 each occurrence, a $5,000,000 general aggregate limit, a $2,000,000 personal and advertising injury limit, and a $5,000,000 products-completed operations aggregate limit. 2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory to the CO of commercial (business) automobile liability insurance written on ISO form CA 00 01 10 13 (or another form with coverage at least as broad and approved by the CO in writing) including coverage for all owned, hired, borrowed and non-owned vehicles and equipment used by the Contractor, with minimum per accident limits equal to the greater of (i) thelimits set forth in the commercial automobile liability policy or (ii) $10,000,000 per occurrence combined single limit for bodily injury and property damage. 3. - The Contractor shall provide evidence satisfactory to the CO of Compensation insurance in accordance with the statutory mandates of the District of Columbia or the jurisdiction in which the contract is performed. Liability Insurance - The Contractor shall provide evidence satisfactory to the $1,000,000 per accident for injury;$1,000,000 per employee for disease; and $1,000,000 for policy disease limit. All insurance required by this paragraph 3 shall include a waiver of subrogation endorsement for the benefit of Government of the District of Columbia. 4. Crime Insurance (3rd Party Indemnity) - The Contractor shall provide a Crime policy including 3rd party fidelity to cover the dishonest acts of Contractors, its employees and/or volunteers which result in a loss to the District. The Government of the District of Columbia shall be included as loss payee. The policy shall provide a limit of $5,000 per occurrence. 5. Cyber Liability Insurance - The Contractor shall provide evidence satisfactory to the Contracting Officer of Cyber Liability Insurance, with limits not less than $5,000,000 per occurrence or claim, $5,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not limited to, claims involving infringement of intellectual property (excluding trade secret and patent infringement), trade dress, invasion of privacy violations, information
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theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. Limits may not be shared with other lines of coverage. 6. Medical Professional Liability - The Contractor shall provide evidence satisfactory to the Contracting Officer of a Medical Professional Liability policy with limits of not less than$10,000,000 each incident and $10,000,000 in the annual aggregate. The definition of nts. The policy shall be either (1) written on an occurrence basis or (2) written on a claims-made basis. If the coverage is on a claims-made basis, Contractor hereby agrees that prior to the expiration ractor shall purchase, at Contractors sole expense, either a replacement policy annually thereafter having a retroactive date no later than the effective date of this Contract or unlimited tail coverage in the above stated amounts for all claims arising out of this Contract. 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 of affirmative abuse and molestation liability coverage. Coverage should include physical abuse, such as sexual or other bodily harm and non-physical abuse, such as verbal, emotional or mental abuse; any actual, threatened or alleged act; errors, omission or misconduct. This insurance requirement will be considered met if the general liability insurance includes an affirmative sexual abuse and molestation general liability or professional liability policy will not be acceptable. Limits may not be shared with other lines of coverage. 8. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence satisfactory to the CO of commercial umbrella or excess liability insurance with minimum liability policy or (ii) $10,000,000 per occurrence and $10,000,000 in the annual aggregate, following the form and in excess of all liability policies. All liability coverages must be scheduled under the umbrella and/or excess policy. The insurance required under this paragraph shall be written in a form that annually reinstates all required limits. Coverage shall be primary to any insurance, self-insurance or reinsurance maintained by the District and principles of vertical exhaustion. B. PRIMARY AND NONCONTRIBUTORY INSURANCE The insurance required herein shall be primary to and will not seek contribution from any other insurance, reinsurance or self-insurance including any deductible or retention, maintained by the Government of the District of Columbia. C. DURATION. The Contractor shall carry all required insurance until all contract work is accepted by the District of Columbia and shall carry listed coverages for ten years for construction projects following final acceptance of the work performed under this contract and two years for non-construction related contracts.
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D.LIABILITY. These are the required minimum insurance requirements established by the District of Columbia. However, the required minimum insurance requirements provided above E. 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. F. 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. G. NOTIFICATION. The Contractor shall ensure that all policies provide that the CO shall be given thirty (30) days prior written notice in the event of coverage and / or limit changes or if 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. The Contractor will also provide the CO with an updated Certificate of Insurance should its insurance coverages renew during the contract. H. 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. Certificates of insurance must reference the corresponding contract number. Evidence of insurance shall be submitted to: Ty Hunter Contracting Officer Office of Contracting and Procurement D.C. Fire and EMS Department 2000 14th Street, NW Washington, D.C. 20009 202-698-1913 -o- 202-450-9073 c- tyranny.hunter@dc.gov The CO may request and the Contractor shall promptly deliver updated certificates of insurance, endorsements indicating the required coverages, and/or certified copies of the insurance policies. If the insurance initially obtained by the Contractor expires prior to completion of the contract, renewal certificates of insurance and additional insured and other endorsements shall be furnished to the CO prior to the date of expiration of all such initial insurance. For all coverage required to be maintained after completion, an additional certificate of insurance evidencing such coverage shall be submitted to the CO on an annual basis as the coverage is renewed (or replaced). I. 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.
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J.CARRIER RATINGS.connection with this contract shall be written by insurance companies with an A.M. Best Insurance Guide rating of at least A- VII (or the equivalent by any other rating agency) and licensed in the District. I.9 EQUAL EMPLOYMENT OPPORTUNITY In accordance with the District of Columbia Administrative Issuance System, Order 85-85 dated June 10, 1985, the forms for completion of the Equal Employment Opportunity Information Report are incorporated herein as Section J.3. An award cannot be made to any offeror who has not satisfied the equal employment requirements. I.10 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: (a) An applicable Court Order, if any (b) Contract document (c) Standard Contract Provisions (d) Contract attachments other than the Standard Contract Provisions (e) RFP, as amended (f) BAFOs (in order of most recent to earliest) (g) Proposal I.11 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 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 efforts to resolve the dispute prior to filing the claim; and (iv) The 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.
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(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 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 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 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 written decision shall do the following:
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(i) Provide a description of the claim or dispute; (ii) Refer to the pertinent contract terms; (iii) State the factual areas of agreement and disagreement; (iv) State the reasons for the decision, including any specific findings of fact, although specific findings of fact are not required and, if made, shall not be binding in any subsequent proceeding; (v) If all or any part of the claim is determined to be valid, determine the amount of monetary settlement, the contract adjustment to be made, or other relief to be granted; (vi) Indicate that the written document is the final decision; and (vi) 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 (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 asubcontractor, 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
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increases the contract price beyond the not-to-exceed price or negotiated maximum price of this contract, unless the CO: (1) Agrees with Contractor, and if applicable, the subcontractor on a price for the additional work; (2) Obtains a certification of funding to pay for the additional work; (3) Makes a written, binding commitment with the Contractor to pay for the additional work within 30-days after the Contractor submits a proper invoice; and (4) Provides the Contractor with written notice of the funding certification. (c) The Contractor shall include in its subcontracts a clause that requires the Contractor to: (1) Within 5 business days of its receipt of notice the approved additional funding, provide the subcontractor with notice of the amount to be paid to the subcontractor for the additional work to be performed by the subcontractor; (2) Pay the subcontractor any undisputed amount to which the subcontractor is entitled for the additional work within 10 days of receipt of payment from the District; and (3) Notify the subcontractor and CO in writing of the reason the Contractor withholds any payment from a subcontractor for the additional work. (d) Neither the District, Contractor, nor any subcontractor may declare another party to be in default, or assess, claim, or pursue damages for delays, until the parties to agree on a price for the additional work. I.13 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.) 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. (b) Pursuant to Order 85-85, (6/10/85), Order 2002-175 (10/23/02), 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: (c) 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. (1) 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
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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. (2) 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. (3) 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). (4) 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 nondiscrimination clause and the Act, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) 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 books, records, and accounts for such purposes. (6) 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. (7) 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. (8) 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 CONTINUITY OF SERVICES I.14.1 The Contractor recognizes that the services provided under this contract are vital to the District and must be continued without interruption and that, upon contact expiration or termination a
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successor, either the District or another contractor, at theoption may continue to provide these services. To that end the Contractor agrees to: I.14.1.1 Furnish phase-out, phase-in (transition) training; and I.14.1.2 Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor. I.14.2 The Contractor shall, upon the written notice: I.14.2.1 Furnish phase-in. phase-out services for up to 90 days after this contract expires and I.14.2.2 Negotiate in good faith a plan with the successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and I.14.3 The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. I.14.4 The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. I.14.5 Only in accordance with a modification issued by the CO, the Contractor shall be reimbursed for all reasonable phase in, phase out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. I.15 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: (a) An applicable Court Order, if any (b) Contract document (c) Standard Contract Provisions (d) Contract attachments other than the Standard Contract Provisions (e) RFP, as amended (f) BAFOs (in order of most recent to earliest) (g) Proposal SECTION J: ATTACHMENTS The following list of attachments is incorporated into the solicitation directly or by reference.
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Attachment Number Document J.1 Standard Contract Provisions for use with District of Columbia Government Supplies and Services Contracts dated July 2010 are incorporated as part of the contract. To obtain a copy of the SCP go to www.ocp.dc.gov, then go to: http://ocp.dc.gov/publication/standard-contract-provisions-2010. J.2 U.S. Department of Labor Wage Determination (Service Contract Act WD # 2015-4281), Rev. No. 19, published July 1, 2021 (available at www.wdol.gov ) J.3 Office of Local Business Development Equal Employment Opportunity -85 available at www.ocp.dc.gov click J.4 Department of Employment Services First Source Employment Agreement available at www.ocp.dc.gov J.5 The District of Columbia Minimum Wage [Fair Shot Minimum Wage Amendment of 2016], adjusted to $15.20 (effective July 1, 2021) is hereby incorporated (available at: https//does.dc.gov/release/dc-minimum-wage-increase-1520-July-1-2021%C2%AO J.6 The Way to Work Amendment Act of 2006 - Living Wage Fact Sheet (effective July 1, 2020) is hereby incorporated (available at: https://does.dc.gov/sites/default/files/dc/sites/does/publication/attachments/Living Wage Fact Sheet 2020.pdf). J.7 Tax Certification Affidavit J.8 Subcontracting Plan (If Applicable) J.9 Third Party Provider Integration With FEMS OUC FLOW CHART J.10 Pre-Hospital Care Report J.11 Against Medical Advice Summary Audit J.12 (Monthly) Patient Care Performance Report