B 24-0733 — Contract No. CW93586 with Sage Business Services, LLC Approval and Payment Authorization Emergency Act of 2022

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

This human care agreement was procured via request for qualification on June 1, 2021, through Ariba’s e-Sourcing Module.

Only one response was received by the closing date/time of July 1, 2021 by 2:00 PM.

After evaluating the sole response, Sage Business Services, LLC, was determined to be qualified and eligible for a human care agreement.

The proposal was evaluated in accordance with the solicitation requirements by the Technical Evaluation (TEP) Panel and the contracting officer.

TEP Panel were in consensus that the vendor met all the requirements.

The contracting officer reviewed the proposal and concurred that the provider is qualified, responsive, and responsible to receive a human care agreement.

(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 theprotestor, the grounds alleged in theprotest,and anydeficiencies identified bytheDistrictas aresultoftheprotest:

None.

(F) 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:

Sage Business Services, LLC, has satisfactory experience providing qualified supplemental medical staff to support both Saint Elizabeth Hospital and the Comprehensive Psychiatric Emergency Program critical patient needs.

(G) The period of performance associated with the proposed change, including date as of which the proposed change is to be made effective:

The period of performance associated with the proposed change is August 18, 2021 through August 17, 2022.

(H) The value of any work or services performed pursuant to a proposed change for which the Council has not provided approval, disaggregated by each proposed change if more than one proposed change has been aggregated for Council review :

The contract is currently awarded for $885,000.

The proposed contract modification M001 is to add $531,915.

(I) The aggregate dollar value of the proposed changes as compared with the amount of the contract as awarded:

Aggregate – Dollar value is$1,416,915 (J) The date on which the contracting officer was notified of the proposed change:

On November 29, 2021, the contracting officer received a request from the agency to increase the staffing hours of contractual services.

(K) The reason why the proposed change was sent to Council for approval after it is intended to take effect:

Due to unforeseen staffing shortage, the anticipated hours needed for this contract had to be increased, which required the need to increase the dollar value on this contract from $885,000 to $1,416,915.

(L) The reason for the proposed change:

The change is a result of increased utilization of the temporary staffing contract beyond its original capacity to ensure that critical psychiatric staffing needs are met at facilities.

(M) The legal, regulatory, or contractual authority for the proposed change:

The proposed changed is in accordance with 27 DCMR Chapter 19 section § 1905.

(N) A summary of the subcontracting plan required under section 2346 of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended, D.C.

Official Code § 2-218.01 et seq.

(“Act”), including a certification that the subcontracting plan meets the minimum requirements of the Act and the dollar volume of the portion of the contract to be subcontracted, expressed both in total dollars and as a percentage of the total contract amount:

The vendor submitted an updated subcontracting plan to subcontract 50% of the contract value for a total of $708,457.50.

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

The contractor shall provide patient care services in an inpatient facility, for diagnosis and assessments, determinations of medically necessary services, medication management, counselling and psychotherapy, and other required inpatient psychiatry services.

The services under this contract are rendered to both SEH and CPEP.

The contractor shall provide the District licensed psychiatry and technical support personnel to support the District between 9:00 a.m.

to 6:00 p.m.

Additionally, thecontractorwill usecommercially reasonableefforts to providesupport services in accordance with defined prioritization of reported problems.

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

The District awarded the contract for $885,000 on August 18, 2021.

(Q) A certification that the proposed contract is within the appropriated budget authority for the agency for the fiscal year and is consistent with the financial plan and budget adopted in accordance with D.C.

Official Code §§ 47-392.01 and 47-392.02:

The Agency Fiscal Officer certified that funding in the amount of $1,416,915 is available to support contractual services for the base year.

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

The Office of the Attorney General has determined that the contract is legally sufficient, and that the contractor has no pending legal claims against the District.

(S) A certification that Citywide Clean Hands database indicates that the proposed contractor is current with its District taxes.

If the Citywide Clean Hands Database indicates that the proposed contractor is not current with its District taxes, either:

(1) a certification that the contractor has worked out and is current with a payment schedule approved by the District;

or (2) a certification that the contractor will be current with its District taxes after the District recovers any outstanding debt as provided under D.C.

Official Code § 2- 353.01(b):

A Clean Hands certification dated January 24, 2022 verifies the contractor’s compliance with District taxes.

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

Based on information contained in the Bidder-Offeror Certification form, the Contractor has certified that it is current with its federal taxes.

(U) 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.:

Sage Business Services, LLC is currently not a certified local, small, or disadvantaged business enterprise.

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

None (W) 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:

SageBusinessServices, LLCisnotcurrentlydebarredfromprovidingservicestoanygovernment entity.

A vendor name check has been conducted for compliance with the District Excluded Parties List;

the Office of the Inspector General Exclusion List;

and the System for Award Management Federal Search which was reviewed by the Contracting Officer.

The contractor did not appear as an excluded party on any of these listings dated January 10, 2022.

(X) 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):

1) Determination and Findings for Contractor’s Responsibility, dated February 7, 2022 2) Determination and Findings for Price Reasonableness, dated February 7, 2022 (Y) Where the contract, and any amendments or modifications, if executed, will be made available online:

Office of Contracting and Procurement website www.ocp.dc.gov (Z) Where the original solicitation, and any amendments or modifications, will be made available online:

Office of Contracting and Procurement website www.ocp.dc.gov Government of the District of Columbia th Office of the Chief Financial Officer 1101 4 Street, SW Office of Tax and Revenue Washington, DC 20024 Date of Notice:

January 24, 2022 Notice Number:

L0006787645 SAGE BUSINESS SERVICES, LLC FEIN:

**-***6157 3RD ST NE # 2121 Case ID:

1066102 WASHINGTON DC 20002-6274 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 Authorized By Marc Aronin Chief, Collection Division 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.

4th Street SW, Suite W270, Washington, DC 20024/Phone:

(202) 724-5045/MyTax.DC.gov GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF BEHAVIORAL HEALTH Office of the Chief Financial Officer MEMORANDUM TO:

Habibatu Jalloh Deputy Chief Contracting Officer Office of Contracting and Procurement THRU:

Delicia V.

Moore Associate Chief Financial Officer Human Support Services Cluster FROM:

___________________________ Joyce Jeter Agency Fiscal Officer DATE:

February 04, 2022 SUBJECT:

Certification of Funding Availability for amount of $1,416,915 Contractor:

Sage Business Services, LLC Contract No.

CW93586 The Office of the Chief Financial Officer hereby certifies that the sum of $1,416,915 is included in the District’s Local Budget and Financial Plan submitted to Congress by the Chairman of the Council to the Speaker of the House of Representatives for both Fiscal Years 2021 & 2022 to pay for fees and costs associated with the base year of the contract with Sage Business Services, LLC.

Based on approval by Congress of the District’s Local Budget and Financial Plan, funds will be sufficient to pay for fees and costs associated with the Contract.

The total funding requirements for the human care agreement for the period of August 18, 2021 with through September 30, 2021 was $108,212.5.

The FY2022 period of October 1, 2021 with through August 17, 2022 shall be funded in the amount of $1,308,702.5.

Upon approval by Congress of the District’s Local Budget and Financial Plan, funds will be sufficient to pay for fees and costs associated with the contract.

There is no fiscal impact associated with the Contract.

If you have further questions, please contact Joyce Jeter, Agency Fiscal Officer at (202) 671-3211.

GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF THE ATTORNEY GENERAL ATTORNEY GENERAL KARL A.

RACINE Legal Counsel Division MEMORANDUM TO:

Bryan Hum Interim Director Office of Policy and Legislative Affairs FROM:

Brian K.

Flowers Deputy Attorney General Legal Counsel Division DATE:

March 22, 2022 SUBJECT:

Legal Sufficiency Review of Draft Bill, the “Contract No.

CW93586 with Sage Business Services, LLC Approval and Payment Authorization Emergency Act of 2022” and Accompanying Emergency Declaration Resolution (AE-22-274) This is to Certify that this Office has reviewed the above-referenced legislation and has found it to be legally sufficient.

If you have any questions regarding this certification, please do not hesitate to contact me at 724-5524.

_______________________________ Brian K.

Flowers Pennsylvania Avenue, N.W., Suite 409, Washington, D.C.

20004 (202) 724-5524 DISTRICT OF COLUMBIA PAGE OF PAGES HUMANCAREAGREEMENT 44 1.

HUMANCARE AGREEMENTNUMBER 2.

REQUISITION/PURCHASE REQUESTNO.

3.

SolicitationNumber CW93586 RK183412/ DOC565185 4.

ISSUED BY 5.

ADMINISTERED BY(IfotherthanItemNo.

4):

OFFICEOFCONTRACTINGANDPROCUREMENT DEPARTMENT OFBEHAVIORAL HEALTH nd DepartmentofBehavioralHealth 64NewYorkAvenueNE, 3rdFloor 64NewYorkAvenue NE, 2 Floor (west) Washington, DC 20002 Washington, DC 20002 Phone:(202)673-2200 Phone:(202)673-2200 TTY:(202)673-7500 Email:ocp@dc.gov Email:

dbh@dc.gov 6.

NAMEANDADDRESSOF PROVIDER/CONTRACTOR (No.

street, county, stateand ZIPCode) Sage Business Services, LLC National Harbor Suite 300, Room 338 National Harbor,MD 20745 7.

PROVIDER/CONTRACTORSHALLSUBMITALLINVOICESTHROUGH:

8.DISTRICTSHALLSEND ALLPAYMENTSTO:

Sage Business Services, LLC DC Vendor Portal, https://vendorportal.dc.gov National Harbor Suite 300, Room 338 National Harbor,MD 20745 9.

DESCRIPTIONOF HUMANCARESERVICEAND RATECOST ITEM/LINE NIGPCODE BRIEF DESCRIPTIONOFHUMANCARE SERVICE QUANTITY OF TOTAL SERVICE TOTAL AMOUNT NO.

SERVICE SERVICE RATE REQUIRED UNITS PsychiatryServices NTE $973,500.00 Total $ TotalFromAnyContinuation Pages $ GRANDTOTAL NOT- TO-EXCEED $973,500.00 10.

APPROPRIATIONDATAANDFINANCIALCERTIFICATION CITED ON EACHISSUED PURCHASEORDER 11.

PERIODOF HUMANCAREAGREEMENT Starting DateAugust 18, 2021 EndingDate:August 17, 2022 HUMANCAREAGREEMENTSIGNATURES Pursuant to the authority provided in D.C.

Law 13-155, this HUMAN CARE AGREEMENT is being entered into between the Provider/Contractor specified in Item No.

7 of this document.

The Provider/Contractor is required to sign and return two (2) originals of this document to the Contracting Officer of the Issuing Office stated in Item No.

5 of page 1 of this document.

The Provider/Contractor further agrees to furnish and deliver all items or perform all the services set forth or otherwise identified within this Human Care Agreement andonanycontinuationsheets or appendices for theconsiderationstated above, andasorderedunder taskorders issued pursuantto this Agreement.

Therights and obligations of the parties to this Human Care Agreement shall be subject to and governed by the following documents:

(a) this Human Care Agreement;

( b) the STANDARD CONTRACT PROVISIONS FORUSEWITHDISTRICTOFCOLUMBIA GOVERNMENTSUPPLYAND SERVICESCONTRACTS, dated July2010;(c)Anyotherprovisions, representations, certifications, and specifications, asareattachedorincorporated byreferenceherein.

This HumanCare Agreementbetweenthesignatories to this documentconsummates the finalagreementofthe parties.

12.FORTHEPROVIDER/CONTRACTOR 13.FORTHEDISTRICT OFCOLUMBIA A.

Name and Title of Signer (Type or print) A.

Nameof ContractingOfficer (Type or print) Name :

Nike Lawrence Name :Habibatu Jalloh Titl:

Managing Director Title:

Deputy Chief Contracting Officer B.

SignatureofPROVIDER/CONTRACTOR, orrepresentative:

C.

Date:

B.

SignatureofCONTRACTINGOFFICER:

C.

Date:

8/18/21 08/18/2021 Contract Number:

CW93586 Caption:

PsychiatryServices SECTION B:

CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST SECTION B:

CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST B.1.

The Government of the District of Columbia Office of Contracting and Procurement, on behalf of the Department of Behavioral Health (DBH)/Saint Elizabeths Hospital and Comprehensive Psychiatric Emergency Program (CPEP) is seeking to award one or more Human Care Agreements (hereinafter referred to as “HCA”) to a Contractor(s) that can provide Licensed Board Certified Psychiatrists to serve as Clinical Treatment Team member.

The contractor shall provide the following patient care services in an inpatient setting including but not limited to 1) diagnosis and assessments, 2) determinations of medically necessary services, 3) medication management, 4) counseling and psychotherapy, and 5) other services required of inpatient psychiatrist.

The use of the term “Contract” in this document refers to this Human Care Agreement (HCA) that has been awarded by the District.

The terms Provider, Vendor and Contractor are used interchangeably.

B.2 The District seeks to award one or multiple Fixed Firm Price contract(s) based on firm fixed rates in accordance with 27 DCMR, Chapter 24 B.3 The Human Care Agreement is not a commitment by the District to purchase any quantity of a particular service covered under this HCA.

Providers who are awarded HCA’s will be eligible to receive task orders from the District.

The District is obligated only to the extent that purchase orders or task orders are made pursuant to the HCA.

Deliveryor performance shall be made only as authorized through the DBH ConsumerManagement system under task orders in accordance with Section G.

B.3.1 The purchase order or task order pursuant to this HCA shall specify the population to be served, location and service type to the Provider who shall furnish.

The scope of the services to be provided is specified in Section C of this HCA, and shall also require the Provider to possess and maintain the required Licensure during the performance of an HCA.

There is no limit on the number of orders that may be issued.

The District may issue task orders requiring delivery to multiple destinations or performance at multiple locations.

B.3.2 The HCA awarded as a result of the Request for Qualification process shall govern the Provider’s and District’s rights and obligations with respect to that purchase order or task order.

Contract Number:CW93586 Caption:

PsychiatryServices B.4 SCHEDULE B - PRICING SCHEDULE The Pricing Sheet must be priced at unit level provided and must inclperUnit and Extended Price.

There shall be no alterations to the Price Schedule.

B.4.1 – Base Year ESTIMATED HOURLY CLIN ITEM DESCRIPTION QUANTITY UNIT RATE EXTENDED OF PRICE HOURS Licensed Board Certified Psychiatrists at Saint Elizabeths 1,000 Hour $295 $295,000 Hospital to perform services as outlined in Section C.5 Licensed Board Certified Psychiatrists at Comprehensive 2,000 Hour $295 $590,000 Psychiatric Emergency Program to perform services as outlined in Section C.5 Base Year Grand Total $885,000 B.4.2– Option Year One ESTIMATED QUANTITY HOURLY CLIN ITEM DESCRIPTION UNIT RATE EXTENDED OF PRICE HOURS Licensed Board Certified Psychiatrists at Saint Elizabeths 1,000 Hour $295 $295,000 Hospital to perform services as outlined in Section C.5 Licensed Board Certified Psychiatrists at Comprehensive 2,000 Hour $295 $590,000 Psychiatric Emergency Program to perform services as outlined in Section C.5 Option Year One Grand Total $885,000 Contract Number:CW93586 Caption:

PsychiatryServices B.4.3 – Option Year Two ESTIMATED QUANTITY UNIT HOURLY EXTENDED CLIN ITEM DESCRIPTION OF RATE PRICE HOURS Licensed Board Certified Psychiatrists at Saint Elizabeths 1,000 Hour $295 $295,000 Hospital to perform services as outlined in Section C.5 Licensed Board Certified Psychiatrists at Comprehensive 2,000 Hour $295 $590,000 Psychiatric Emergency Program to perform services as outlined in Section C.5 Option Year Two Grand Total $885,000 B.4.4 – Option Year Three ESTIMATED QUANTITY UNIT HOURLY EXTENDED CLIN ITEM DESCRIPTION OF RATE HOURS PRICE Licensed Board Certified Psychiatrists at Saint Elizabeths 1,000 Hour $295 $295,000 Hospital to perform services as outlined in Section C.5 Licensed Board Certified 2,000 Hour $295 $590,000 Psychiatrists at Comprehensive Psychiatric Emergency Program to perform services as outlined in Section C.5 Option Year Three Grand Total $885,000 Contract Number:

CW93586 Caption:

PsychiatryServices B.4.5 – Option Year Four ESTIMATED QUANTITY HOURLY CLIN ITEM DESCRIPTION UNIT RATE EXTENDED OF PRICE HOURS Licensed Board Certified Psychiatrists at Saint Elizabeths 1,000 Hour $295 $295,000 Hospital to perform services as outlined in Section C.5 Licensed Board Certified Psychiatrists at Comprehensive 2,000 Hour $295 $590,000 Psychiatric Emergency Program to perform services as outlined in Section C.5 Option Year Four Grand Total $885,000 B.5 Grand Total Period of Performance Total Price Base Year (B.4.1) $885,000 Option Year One (1) (B.4.2) $885,000 Option Year Two (2) (B.4.3) $885,000 Option Year Three (3) (B.4.4) $885,000 Option Year Four (4) (B.4.5) $885,000 Grand Total for 5 years $4,425,000.00 B.6 A bidder responding to this solicitation that is required to subcontract shall be required to submit with its bid, any subcontracting plan required by law.

Bids responding to this Solicitation shall be deemed nonresponsive and shall be rejected if the bidder fails to submit a subcontracting plan that is required by law.

Contract Number:

CW93586 Caption:

PsychiatryServices For contracts in excess of $250,000, at least 50% of the dollar volume of the contract shall be subcontracted in accordance with section H.9.1.

A Subcontracting Plan form is available at http://ocp.dc.gov, under Quick Links click on “Required Solicitation Documents”.

B.7 SPECIAL PROVISIONS RELATED TO THE COVID-19 EMERGENCY (a) Notwithstanding section H.9 SUBCONTRACTING REQUIREMENTS, for all contracts in excess of $250,000 that are unrelated to the District’s response to the COVID-19 emergency but entered into during the COVID-19 emergency, absent a waiver pursuant to D.C.

Official Code § 2-218.51, at least 50% of the dollar volume (“CBE minimum expenditure”) of the contract shall be subcontracted to SBEs.

(b) If there are insufficient qualified SBEs to meet the requirement of paragraph (a), the subcontracting requirement may be satisfied by subcontracting the CBE minimum expenditure to any qualified CBE;

provided, that best efforts shall be made to ensure that qualified SBEs are significant participants in the overall subcontracting work.

(c) For every dollar expended by the Contractor with a resident-owned business (ROB), as defined in D.C.

Official Code § 2-218.02(15), the Contractor shall receive a credit for $1.10 against the CBE minimum expenditure.

(d) For every dollar expended by the Contractor with a disadvantaged business enterprise (DBE), as defined in D.C.

Official Code § 2-218.33, the Contractor shall receive a credit for $1.25 against the CBE minimum expenditure.

(e) For every dollar expended by the Contractor that uses a company designated as both a DBE and as a ROB, the Contractor shall receive a credit for $1.30 against the CBE minimum expenditure.

(f) "COVID-19 emergency" means the emergencies declared in the Declaration of Public Emergency (Mayor's Order 2020-045) together with the Declaration of Public Health Emergency (Mayor's Order 2020-046), declared on March 11, 2020, including any extension of those declared emergencies.

(g) This special provision shall apply to all option periods exercised under those contracts.

(h) Except as provided in this paragraph B.6, the requirements of section H.9 shall remain in effect.

Contract Number:

CW93586 Caption:

PsychiatryServices SECTION C:

DESCRIPTION/SPECIFICATIONS/STATEMENT OFWORK C.1 SCOPE OF WORK:

The Government of the District of Columbia Office of Contracting and Procurement, on behalf of the Department of Behavioral Health (DBH)/Saint Elizabeths Hospital and Comprehensive Psychiatric Emergency Program (CPEP) are seeking to award one or more Human Care Agreements (hereinafter referred to as “HCA”) to a Contractor(s) that can provide Licensed Board Certified Psychiatrists to serve as Clinical Treatment Team member.

The contractor shall provide the following patient care services in an inpatient setting including but not limited to 1) diagnosis and assessments, 2) determinations of medically necessary services, 3) medication management, 4) counseling and psychotherapy, and 5) other services required of inpatient psychiatrist.

C.2 APPLICABLE DOCUMENTS The following documents are applicable to this procurement and are hereby incorporated by this reference:

Item No.

Document Type Title Date 1.

Medical Staff Bylaws Medical Staff Bylaws 3/10/2015 C.3 DEFINITIONS C.3.1 Avatar - Is an Electronic Medical Record Software that integrates the clinical tools necessary for an interdisciplinary approach to the delivery of Health and Human Services, including:

Treatment/Care Planning, Individual and Group Progress Notes, Assessments and Nursing Reports.

The Avatar also supports electronic views of laboratory results and order entry and pharmacy integration (via third-party interface).

C.3.2 ICAMS - Is an Electronic Medical Record Software that CPEP use to integrates the clinical tools necessary for an interdisciplinary approach to the delivery of Health and Human Services, including:

Treatment/Care Planning, Individual and Group Progress Notes, Assessments and Nursing Reports.

C.4 BACKGROUND The Department of Behavioral Health (DBH) provides Emergency Care, Comprehensive Mental Health and Substance Use Disorder Services for eligible District Residents through a Network of Community Based Providers and unique Government delivered Behavioral Health Services.

In addition, DBH operates Saint Elizabeths Hospital (SEH) and Comprehensive Psychiatric Emergency Program (CPEP), the District’s inpatient Psychiatric Hospital, and is the State Mental Health Authority and Single Agency for Mental Health, along with providing Substance Use Disorder Treatment Contract Number:

CW93586 Caption:

PsychiatryServices C.5 REQUIREMENTS:

C.5.1 The Contractor shall provide the described Psychiatry Services on an as needed bases for Saint Elizabeth Hospital and Comprehensive Psychiatric Emergency Program (CPEP) as specified in Sections C.5.2 through C.5.18.

C.5.2 The Contractor shall be expected to provide Psychiatrist(s) for 15 to 40 hours per week.

The exact number of hours per week will be determined by Contractor Administrator (CA) based on service needs.

C.5.3 The Contractor shall provide Psychiatrist(s) to perform Patient Care Services in an inpatient setting including but not limited to 1) diagnosis and assessments, 2) determinations of medically necessary services, 3) medication management, 4) counseling and psychotherapy C.5.4 The Contractor(s) shall provide Psychiatrist(s) to deliver services consistent with medical staff bylaws.

C.5.5 The Contractor’s Psychiatrist(s) must demonstrate competencies in providing psychiatric services consistent with standards of care and applicable local and national regulations.

C.5.6 The Contractor’s Psychiatrist(s) shall function as a member of a multi-disciplinary treatment team to provide medically necessary psychiatric services to consumers, including core services, such as Diagnostic/Assessment, Medication/Somatic Treatment, Counseling and Psychotherapy.

C.5.7 TheContractor’s Psychiatrist(s) shall coordinate all psychiatric and medical functions required by a consumer’s diagnostic/assessment and treatment plan.

C.5.8 The Contractor’s Psychiatrist(s) shall participate in and is subject to a peer review privileging and competency assessment process to monitor the quality of care delivered by Qualified Practitioners and Credentialed Staff and assure competent, recovery based treatment.

C.5.9 The Contractor’s Psychiatrist(s) shall participate in a Quality Improvement Program, which includes consumers and family members, to enhance access and availability of services, treatment and prevention of acute and chronic conditions, the adequacy and appropriateness of care, efficient utilization of resources, review of unusual incidents, deaths, and other sentinel events and consumer/family satisfaction with services.

C.5.10 The Contractor’s Psychiatrist(s) shall review high volume services, high risk conditions and services, the coordination of care across behavioral health treatment and primary care treatment settings to assure compliance with standards and requirements, and resolves consumer complaints and grievances.

C.5.11 The Contractor’s Psychiatrist(s) shall provide consumer and family education in both written materials and face-to-face contacts about available services.

C.5.12 The Contractor’s Psychiatrist(s) shall provide Recovery Based Psychiatric Services that are considerate of cultural and ethnic diversity and focus on empowering individuals to change their own lives, assuring that consumers , family members and Contract Number:

CW93586 Caption:

PsychiatryServices other stakeholder are treated with dignity and are collectively consulted when evaluation treatment and services.

C.5.13 TheContractor’s Psychiatrist(s) shall utilize best treatment practices based on research and analysis that promote recovery, reduce stigma and unconditionally enhance the quality of life;

utilizes a positive therapeutic milieu that ensures active treatment and emphasizes recovery.

C.5.14 The Contractor’s Psychiatrist(s) shall assure access to cognitive behavioral psychotherapy for individuals and groups, and perform a full range of Psychiatric Services and assessments for consumers served.

C.5.15 The Contractor’s Psychiatrist(s) shall supervise and teach Psychiatry trainees and Medical students as part of the treatment team.

C.5.16 The Contractor’s Psychiatrist(s) shall be responsible for maintaining records of the medical treatment of assigned patients in compliance with Saint Elizabeths Hospital policies and procedures.

These records shall include a summary of the hospital record for discharged patients in compliance with the Saint Elizabeths’ policies and procedures.

C.5.17 The Contractor’s Psychiatrist(s) may be required to provide expert testimony in DC Superior Court procedures regarding the dangerousness of assigned or other patients and need for commitment involuntary treatment either as an inpatient or outpatient.

C.5.18 The Contractor’s Psychiatrist(s) will be required to submit any reports required by the law to the courts during the performance of the contract.

C.6 DISTRICT RESPONSIBILITIES C.6.1 The District will provide training for Electronic Medical Records used by SEH which is called AVATAR.

C.6.2 The District will provide training for Electronic Medical Record Software used by CPEP, which is called ICAMS C.6.3 The Contractor’s Psychiatrist for CPEP facility shall use this system to enter all documentations related to patient care into the comprehensive Psychiatric Emergency Program, Electronic Medical Record Software which is called ICAMS.

C.7 FACILITY TRAINING SCHEDULING OFHOURS/BUILDING ACCESS C.7.1 The contractor will be granted access for the hours scheduled.

The training required will be scheduled between 9 am to 5 pm on weekdays.

C.8 SYSEM TECHNOLOGY ACCESS/BUILDNG ORIENTATION C.8.1 Orientation to be scheduled on the first day Contract Number:

CW93586 Caption:

PsychiatryServices C.9 REPORTING REQUIREMENTS C.9.1 The Contractor’s Psychiatrist(s) shall submit Monthly Staffing Report to including number of psychiatrist/s hours worked,thhe number of patients served with their name and the type of treatment provided by the 5 of each month to the Contract Administrator.

C.10 MINIMUM CONTRACTOR’S QUALIFICATIONS:

C.10.1 The Prospective Contractor shall provide Resumes of proposed candidates for the Licensed Board Certified Psychiatrist Position with the following Minimum Qualifications:

a) The Psychiatrist must be credentialed, privileged, and possess a current , permanent, full and unrestricted D.C.

license to practice medicine b) The Psychiatrist shall maintain certification under regulatory standards for surveys by accrediting, certifying, and licensing bodies, including Health Care Financing Administration (HCFA) and the State authority.

c) Must have completed an Accreditation Council for Graduate Medical Education approved residency training program and be Licensed Board Certified or Board Eligible for Certification by the American Board of Psychiatry and Neurology.

Forensic certification/experience is preferred but not required.

Mastery of a wide range of psychiatric theories, practices, and techniques used in diagnosis, assessment and medication and somatic treatment of mentally ill consumers, including a current knowledge of psycho-pharmacological treatment.

C.10.2 To insure compliance with the Corporate Integrity Agreement (CIA) (web links:

https://oig.hhs.gov/compliance/corporate-integrity-agreements/index.asp) and Federal Healthcare Billing Regulations, This is to protect DBH so that Contractor know that they are billing within compliance with applicable laws.

Ican take this out and say any applicable laws.

the Contractor shall:

a) Be registered with the National Plan and Provider Enumeration System (NPPES) and have a valid National Provider Identification (NPI) number;

C.10.3 The Contractor shall comply with District Health Insurance Portability and Accountability Act (HIPAA), Mental Health Act rules and all other terms/conditions associated with confidentiality, along with disclosure of Identifiable health information that is transmitted or maintained by electronic media or is transmitted or maintained in any other form or medium.

C.11 STANDARDS OF PERFORMANCE The Contractor shall at all times, while acting in good faith and in the best interests of the DBH, use its best efforts and exercise all due care along with sound business judgment in performing its duties under this Contract.

The Contractor shall at all times, comply with DBH operational policies, procedures and directives while performing the duties specified in the Contract.

Contract Number:CW93586 Caption:

PsychiatryServices SECTION D:

PACKAGING AND MARKING D.1 [RESERVED] Contract Number:

CW93586 Caption:

PsychiatryServices SECTION E:

INSPECTIONANDACCEPTANCE E.1 GENERAL PROVISIONS The inspection and acceptance requirements for the 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 July2010, Attachment (Section J.1) E.2 CONSEQUENCES OFCONTRACTOR’S FAILURE TO PERFORM REQUIRED SERVICES E.2.1 In addition to the provisions outlined in Clause 8 of the Standard Contract Provisions forUse with District of Columbia Government Supplies and Services Contracts, July 2010, Attachment J.1 to this Agreement, if DBH determines that Provider has failed to complywith any applicable federal or District law or regulation, including but not limited to the False Claims Act and the D.C.

Human Rights Act, The agencymay request the Contracting Officer to take anyor all ofthe following actions with substantiating evidence of noncompliancewith the terms and conditions of the Human Care Agreement resulting from a RFQ process :

E.2.1.1 Suspend or withhold all or part of the Providers' payments;

and/or E.2.1.2 Terminate the Agreement within ninety(90) days from date of DBH notice to the Provider.

E.2.2 DBH shall provide written notice of any action to the Contractor, which shall include:

Identification of the sanction to be applied;

1.

Thebasis forDBH's determination that the sanction should be imposed;

ThePursuant effectiveto datesection ofthe451 sanction;of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.

and803; 3.

ThetimeframeD.C. and procedureforProvider to appeal DBH's determination, if applicable.

E.2.3Official DBHCode may§ request1-204.51), theand Contractingnotwithstanding Officer to terminate this Agreement with at least ninety (90) days written notice to Provider if Provider fails to comply with the termsrequirements of thesection Agreement,202(a) and/or any applicable law or regulation of the DistrictProcurement orPractices theReform UnitedAct Statesof regarding2010, mentaleffective healthApril services8, and2011 mental(D.C. health supports.

E.2.4Law DBH18-371; may request the Contracting Officer to terminate the Human Care Agreement immediately if:

a)D.C. The United States Department of Health and Human Services withdraws Federal Financial Participation in whole or part for the cost of covered services;

fundsOfficial areCode unavailable§ for2-352.02(a)), the continuationCouncil ofapproves thisContract Agreement;No.

orCW93586 b)with DBHSage substantiatesBusiness aServices, findingLLC ofto healthprovide carelicensed fraudpsychiatry orand patterntechnical ofsupport falsepersonnel claimingto support inpatient psychiatry services and authorizes payment in violationthe not-to- exceed amount of the$1,416,915 Falsefor Claimsgoods Actand Contractservices Number:received and to be received under the contract.

CW93586Sec. Caption:

PsychiatryServices SECTION F:

PERIOD OFPERFORMANCE AND DELIVERABLES F.1 The term of the contract shall be for One Year from 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 (4) One (1) Year option periods, orsuccessive fractions thereof, bywritten noticeto theContractor before the expiration of the contract;

provided that the District will give the Contractor preliminary written notice of its intent to extend at least thirty (30) days before the contract expires.

The preliminary notice does not commit the District to an extension.

The exercise of this option is subject to the availability of funds at the time of the exercise of this option.

The Contractor may waive the thirty (30) day preliminary notice requirement by providing a written waiver to the Contracting Officer prior to expiration of the contract.

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

F.2.3 The price for the option period(s) shall be as specified in the Section B of the Request for Qualifications.

F.2.4 Thetotal duration of this contract, including the exercise of anyoptions under this clause, shall not exceed five years.

F.3 DELIVERABLES The Contractor shall perform the activities required to successfully complete the District’s requirements and submit each deliverable to the Contract Administrator (CA) identified in Section G.9 in accordance with the following:

Section Deliverable Quantity Format/Method of Due Date Delivery Section C.9 Monthly staffing 1 Electronic Due by the 5 of each report,toincluding calendar month.

number of psychiatrist/s hours worked, the number of patients served with their ID number and the type of treatment provided Contract Number:

CW93586 Caption:

PsychiatryServices F.3.1 TheContractor shall submit to the District, as a deliverable, the report described in section H.5.5 that is required bythe 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.

F.3.2 REPORTING AND DATA REQUIREMENTS F.3.3 Provider shall provide such information as required by DBH, including but not limited to such information as necessary to achieve:

1.

Timely and accurate reporting of purchase order funding availability to OCP when available funds reach 70% of the purchase order value 2.

Comprehensive decision support foroperational and administrativeanalysis;

ManagementFiscal andoversightimpact ofgenerally-acceptedaccountingprinciples,statement. processes and reporting;

andThe 4.Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat.

Contractmanagement,2038; trackingand administration.

F.3.4D.C. Provider shall report all unusual incidents in accordance with DBH laws and policies, including but not limited to DBH Policy 480.1.

F.3.5Official ProviderCode shall§ provide1-301.47a). DBH with all information reasonably necessaryto permit DBH to:

(a)Sec. Monitor and evaluate Provider’s compliance with the terms of this Agreement including, but not limited to conducting claims audits, Medicaid compliance reviews, quality reviews, and any other program integrity function to ensure the ensuring quality, effectiveness and efficiency of services and ensuring the accuracy of claims submitted for reimbursement under this Agreement;

(b) Verifythe costs of services, including all administrative, direct and indirect costs, are being properly computed;

(c) Verifythe sources and amount of all income received byProvider for services provided under this Agreement and service similar to those provided under this Agreement;

(d) Investigate alleged misuse of funds provided under this Agreement;

and (e) Permit DBH to perform its duties under applicable requirements.

F.3.6 Upon request, Provider shall provide DBH access to anyportion of its electronic health record system, including the electronic HIPAA log, necessary to verify the integrity of any audit, quality review or investigation.

F.3.7 Except undercircumstances provided herein, requested information shall beproduced by Provider during ordinary business hours within 24 hours of the request.

Contract Number:

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PsychiatryServices F.3.8 DBH mayobtain immediate access to information without prior notice including access to staff, individual Consumer records and accounts, under any of the following circumstances:

(a) Such information is reasonably related to allegations of abuse or neglect of a member being investigated by DBH of any other relevant party;

(b) To prevent imminent harm to Consumers;

(c) ) When DBH reasonably believes that immediate access is essential to detect fraud or false claiming or to prevent removal or destruction of propertyor records required to be maintained under this Agreement;

or (d) When DBH reasonablybelieves that there are substantial violations of Consumerrights because of actions of Provider.

F.3.7 Upon request of DBH, Provider shall provide DBH with the most recent versions of the following documents:

(a) ) Articles of Incorporation and By-Laws of the Provider;

(b) Evidenceof certification as required under applicable requirements;

and (c) ) Risk Management procedures.

F.3.8 Provider shall notify DBH immediately of any changes in its operations that affect its continued compliance with theseCertification Standards, including changes in ownership or control, services, affiliations, referral arrangements and financial solvency.

F.3.9 Consistent with the contractual remedies provided forin this Request for Qualifications Agreement, reimbursement for services provided under this Agreement may be suspended if Provider fails to submit or make available for inspection any information requested by DBH pursuant to Section F, including but not limited to:

(a) Timelyand accurate billing information or any other information related to claims;

(b) Anyportions of the Provider’s electronic health record including but not limited to the HIPAA log;

(c) Anyreport required by this Agreement;

(d) Evidence of insurance coverage required bythis Agreement;

(e) Anyreports required under the Certification Standards including, including but not limited to audits required by 22A DCMR § 3411.9.

F.3.10 No reimbursement shall be withheld by DBH for failure to file a required report unless DBH has given the Contracting Officer and Contractor noticeof DBH’s intent to withhold reimbursement and a description of the overdue report.

Written notice shall be given to Provider not less than ten (10) working days prior to the withholding of the reimbursement.

Reimbursement shall only be suspended until such information is furnished or access is permitted unless there is some other basis for withholding reimbursement as provided for in this Agreement.

Contract Number:

CW93586 Caption:

PsychiatryServices SECTIONG:

CONTRACTADMINISTRATION 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 30 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 specified in Section G.4.

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

G.3 RESERVED G.4 PAYMENT Unless otherwise specified in this contract, payment will be made on partial deliveries of goods and services accepted by the District if:

a) The amount due on the deliveries warrants it;

or b) The Contractor requests it and the amount due on the deliveries is in accordance with the following:

"Payment will be made on completion and acceptance of each item for which the price is stated in the Schedule in Section B".

G.5 ASSIGNMENT OF CONTRACT PAYMENTS G.5.1 In accordance with 27 DCMR 3250, the Contractor may assign to a bank, trust company, or other financing institution funds due or to become due as a result of the performance of this contract.

Contract Number:

CW93586 Caption:

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

G.5.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is required to prepare invoices.

Where such an assignment has been made, the original copy of the invoice must refer to the assignment and must show that payment of the invoice is to be made directly to the assignee as follows:

“Pursuant to the instrument of assignment dated , make payment of this invoice to (name and address of assignee).” G.6 THE QUICK PAYMENT ACT 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 30 calendar days, excluding legal holidays, after receipt of a proper invoice for the amount of the payment due.

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

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

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

or G.6.1.2.3 15 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 Contract Number:

CW93586 Caption:

PsychiatryServices accrue on the added amount.

G.6.2 Payments to Subcontractors N/A 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:

Habibatu Jalloh Deputy Chief Contracting Officer Office of Contracting and Procurement Address 64 New York Ave, NE, 2 floor Email:

Habibatu.jalloh@dc.gov G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER G.8.1 The CO is the only person authorized to approve changes in any of the requirements of this contract.

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

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

G.9 CONTRACT ADMINSTRATOR (CA) G.9.1 The CA is responsible for general administration of the contract and advising the CO as to the Contractor’s compliance or noncompliance with the contract.

The CA has the responsibility of ensuring the work conforms to the requirements of the contract and such other responsibilities and authorities as may be specified in the contract.

These include:

G.9.1.1 Keeping the COfully informedof any technical or contractual difficulties encountered during the performance period and advising the CO of any potential problem areas under the contract;

G.9.1.2Coordinating site entry for Contractor personnel, if applicable;

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

Contract Number:

CW93586 Caption:

PsychiatryServices G.9.1.4Reviewing and approving invoices for deliverables to ensure receipt of goods and services.

This includes the timely processing of invoices and vouchers in accordance with the District’s payment provisions;

and G.9.1.5Maintaining 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:

Farooq Mohyuddin, MD (CA for Saint Elizabeths Hospital) Chair Psychiatry Training and Education Director Psychiatry Residency Training Saint Elizabeths Hospital/DBH Alabama Ave.

SE Washington DC 20032 Phone 202-299-5360 e-mail:

Farooq.Mohyuddin@dc.gov and Jonathan Ward, LICSW (CA for Comprehensive Psychiatric Emergency Program) Deputy Director, Comprehensive Psychiatric Emergency Program Clinical Services Administration Department of Behavioral Health E.

Street, SE Building 14 Washington, DC 20003 Phone:

202-673-9302 e-mail:

Jonathan.Ward@dc.gov G.9.3 The CA shall NOT have the authority to:

1.

Award, agree to, or sign any contract, delivery order or task order.

Only the CO shall make contractual agreements, commitments or modifications;

2.

Grant deviations from or waive any of the terms and conditions of the contract;

3.

Increase the dollar limit of the contract or authorize work beyond the dollar limit of the contract, 4.

Authorize the expenditure of funds by the Contractor;

5.

Change the period of performance;

or 6.

Authorize the use of District property, except as specified under the contract.

G.9.4 The Contractor will be fully responsible for any changes not authorized in 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.

Contract Number:

CW93586 Caption:

PsychiatryServices SECTIONH:

SPECIALCONTRACT H.1 HIRING OFDISTRICT RESIDENTS AS APPRENTICES AND TRAINEES H.1.1 For all new employmentresulting from this contract or subcontracts hereto, as defined in Mayor’s Order 83-265 and implementing instructions, the Contractor shall use its best efforts to comply with the following basic goal and objectives for utilization of bona fide residents of the District of Columbia in each project’s labor force:

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

H.1.2 The Contractor shall negotiate an Employment Agreement with the Department of Employment Services (“DOES”) for jobs created as a result of this contract.

The DOES shall betheContractor’s first sourceofreferral forqualified apprenticesand trainees in the implementation of employment goals contained in this clause.

H.2 DEPARTMENTOFLABORWAGEDETERMINATIONS The Contractor shall be bound by the Wage Determination No.

2015-4281, Revision 17, dated December 21, 2021, issued by the U.S.

Department of Labor in accordance with the ServiceContract Act, 41 U.S.C.

§351 et seq., and incorporated herein as Section J.2.

The Contractor shall be bound by the wage rates for the term of the contract subject to revision as stated herein and in accordance with Section 24 of the SCP.

If an option is exercised, the Contractor shall be bound by the applicable wage rates at the time of the 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 PREGNANTWORKERS FAIRNESS H.3.1 TheContractor shall complywith the Protecting Pregnant Workers Fairness Act of 2016, D.C.

OfficialCode § 32-1231.01 et seq.

(PPWFAct).

H.3.2 TheContractor shall not:

(a) Refuse to make reasonable accommodations to the known limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding for an employee, unlesstheContractor candemonstratethattheaccommodationwouldimposeanundue hardship;

(b) Take an adverseaction against an employee who requests or uses a reasonable accommodation in regardto the employee's conditions or privileges of Contract Number:

CW93586 Caption:

PsychiatryServices employment, including failing to reinstatethe employeewhen the need for reasonable accommodations ceases to the employee's original job or to an equivalent position with equivalent:

(1) Pay;

(2) Accumulated seniorityand retirement;

(3) Benefits;

and (4) Other applicable servicecredits;

(c) Denyemploymentopportunitiestoanemployee,orajobapplicant,ifthedenialisbased on the need of the employer to make reasonable accommodations to the known limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding;

(d) Requirean employeeaffected bypregnancy, childbirth, related medical conditions, or breastfeedingto accept an accommodation that the employeechooses 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) Requirean employeeto takeleaveif a reasonable accommodation can be provided;

or (f) Take adverseaction against an employeewho 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 PPWF act to:

(a) New employees at the commencement ofemployment;

(b) Existingemployees;

and (c) An employeewho notifies the employerofher pregnancy, or othercondition covered by PPWF Act, within 10 days of the notification.

H.3.4 TheContractor shall provide an accurate writtentranslation of thenoticeofrights to any non- English or non-Spanish speaking employee.

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PsychiatryServices H.3.5 Violations of the PPWFAct 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 TheContractor shall not:

(a) Fail or refuseto considerforemployment, or fail orrefuseto hire, an individual as an employee because of the individual's status as unemployed;

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

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

or (2) Anyprovision stating or indicating that an employment agency will not consider or hire anindividual foremployment based on that individual's status as unemployed.

H.4.3 Violations of theUnemployed Anti-DiscriminationAct shall be subject to civil penalties as described in the Act.

H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE EMPLOYMENT AGREEMENT H.5.1 For contracts forservices in the amount of $300,000 ormore, theContractor shall comply with the First Source Employment Agreement Act of 1984, as amended, D.C.

OfficialCode § 2-219.01 et seq.

(First SourceAct).

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

(a) Thefirst source forfinding 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 vacancyoccurring in all jobs covered by the Employment Agreement shall be the First SourceRegister.

H.5.3 TheContractor shall notbegin performance ofthe 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 TheContractor agrees that at least 51% of the new employees hired to perform the contract shall be District residents.

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PsychiatryServices H.5.5 TheContractor’s hiring and reportingrequirements under the First SourceAct and any rules promulgated thereunder shall continue forthe term of the contract.

H.5.6 TheCO mayimpose 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 penaltyequal to 1/8 of 1% of the total amount of the direct and indirect labor costs of the contract for each percentage by which the Contractor fails to meet its hiring requirements.

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

H.5.9 The Contractor mayappeal anydecision of the CO pursuant to this clauseto the D.C.

Contract Appeals Board as provided in clause14, Disputes.

H.5.10 Theprovisions of the First SourceAct do not applyto nonprofit organizations which employ50 employees or less.

H.6 RESERVED H.7 RESERVED H.8 RESERVED H.9 SUBCONTRACTING REQUIREMENTS H.9.1 MandatorySubcontracting Requirements H.9.1.1 The Director of the Department of Small and Local Business Development (DSLBD) has approved a waiver of the mandatory subcontracting requirements for this contract.