Bill Summary – FastDemocracy

MURIEL BOWSER

     MAYOR

September 26, 2024

Honorable Phil Mendelson

Chairman

Council of the District of Columbia

John A. Wilson Building

1350 Pennsylvania Avenue, NW, Suite 504

Washington, DC 20004

Dear Chairman Mendelson:

Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1-

204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code §

2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is

proposed Modification No. M0018 to Contract No. CW68868 with Unity Health Care, Inc. in the

not-to-exceed amount of $9,673,444.79. The period of performance is from October 15, 2024,

through December 31, 2024.

Under the proposed modification, Unity Health Care, Inc. will continue to provide essential health

care services for residents housed in the Department of Corrections Central Detention Facility, the

Correctional Treatment Facility, and the Central Cell Block.

My administration is available to discuss any questions you may have regarding the proposed

contract modification. In order to facilitate a response to any questions you may have, please have

your staff contact Marc Scott, Chief Operating Officer, Office of Contracting and Procurement, at

(202) 724-8759.

I look forward to the Council’s favorable consideration of this contract modification.

Sincerely,

Muriel Bowser

                GOVERNMENT OF THE DISTRICT OF COLUMBIA

                     Office of Contracting and Procurement

Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.

Official Code § 2-352.02(c), the following contract summary is provided:

                               COUNCIL CONTRACT SUMMARY

                                        (Sole Source)

(A) Contract Number:                               CW68868

                                                   Modification No. M0018

    Proposed Contractor:                           Unity Health Care, Inc.

    Contract Amount:                               Not-To-Exceed (NTE) $9,673,444.79

    Unit and Method of Compensation:               Fixed Unit Prices

                                                   (Payments to Contractor are based on the number of

                                                   inmates served and the number and type of

                                                   pharmaceuticals ordered)

    Term of Contract:                              October 15, 2024, through December 31, 2024

    Type of Contract:                              Requirements contract with fixed unit prices and

                                                   cost reimbursable components

    Source Selection Method:                       Sole Source

(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:                            $9,673,444.79

(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:

    DOC has an immediate need for a full-continuum health-care services contractor to provide

    comprehensive medical, behavioral health, pharmacy and dental services to the current estimated

    average daily population of about 2,000 residents housed in the Central Detention Facility located

    at 1901 D Street, SE, the Correctional Treatment Facility at 901 E Street, SE, and Central Cell

    Block, 300 Indiana Avenue, NW, all located in the District of Columbia.

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(D) The date on which a competitive procurement for these goods or services was last conducted,

    the date of the resulting award, and a detailed explanation of why a competitive procurement

    is not feasible:

    A request for proposals was posted on Friday, September 1, 2023, Doc662482, and closed on

    Wednesday, November 15, 2023. Sixty vendors were invited to participate in the solicitation. Six

    vendors attended the pre-proposal conference. One proposal was received. The technical evaluation

    panel and contracting officer have evaluated the submitted proposal and are preparing to enter into

    negotiations with the proposed contractor, Unity Health Care, Inc. (Unity). A sole source extension

    of the current contract is requested to allow sufficient time for a full and thorough negotiation of a

    new contract to address a proposed price that is significantly higher than the current pricing and the

    independent government estimate.

    Council approvals for the base year and subsequent option years of the current contract, CW68868:

    Base Period Amount:                            NTE $32,384,332.00 Council Approval CA23-0054

    Option Period One Amount:                      NTE $33,468,707.00 Council Approval CA23-0417

    Option Period Two Amount:                      NTE $32,476,540.00 Council Approval CA24-0067

    Option Period Three Amount:                    NTE $36,271,403.00 Council Approval R24-0578

    Option Period Four Amount:                     NTE $37,799,029.00 Council Approval CA25-0093

    Sole Source Extension Amount:                  NTE $20,236,650.50 Council Approval CA25-0666

    Proposed Sole Source Extension Amount:         NTE $9,673,444.79

(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:

    Unity received a subcontract through the Community Partnership for the Prevention of

    Homelessness. It is not a direct contract, but is funded by the District.

(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:

    Unity Health Care, Inc., offers a citywide network of quality health and human services to

    the medically underserved regardless of race, ethnic background, or ability to pay. Unity

    serves individuals and families in all eight wards of the District of Columbia through its

    network of medical and social services that reach the homeless and residents.

    The contractor has adequate financial resources and reserves to perform the services

                                                    2

    required under this contract. This was evident from the contractor's financial history as

    reported by the Dun and Bradstreet Business Report.

    Unity has a satisfactory record of integrity and business ethics as indicated by the search

    results of the Federal System for Award Management. The District has no information

    indicating that Unity is debarred, suspended, or involved in any activity that would

    disqualify the company from consideration for contract award due to lack of integrity and

    business ethics. Unity’s performance evaluation on the current contract is rated satisfactory.

(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:

    Not applicable. Unity is a nonprofit organization and is not subject to the subcontracting

    requirements.

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

    Unity shall perform services in accordance with the legal requirements imposed by Federal and

    District of Columbia laws, District licensing or professional boards, court orders and DOC

    Administrative Directives/Policies. Also, Unity shall maintain the current accreditations with

    the National Commission for Correctional Health Care and with the American Correctional

    Association at the DOC facilities during the term of the contract. Unity shall be required to

    control costs and ensure that the appropriate level of care is given using its Utilization

    Management Program and provide the required medical services.

(J) The amount and date of any expenditure of funds by the District pursuant to the contract

    prior to its submission to the Council for approval:

    None.

(K) A certification that the proposed contract is within the appropriated budget authority for the

    agency for the fiscal year and is consistent with the financial plan and budget adopted in

    accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:

    The Agency Chief Financial Officer has provided certification of the availability of funding for the

    proposed contract.

(L) A certification that the contract is legally sufficient, including whether the proposed

    contractor has any pending legal claims against the District:

    The Office of the Attorney General found the contract legally sufficient. The contractor does not

    have pending claims against the District.

                                                    3

(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):

    As of August 5, 2024, Unity is compliant in the Citywide Clean Hands database, indicating the

    company has no outstanding liability with the District of Columbia.

(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:

    The contractor has certified that it is current with its federal taxes.

(O) (1) A certification that the proposed contractor has been determined not to be in violation of

    section 334a of the Board of Ethics and Government Accountability Establishment and

    Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a; and

    (2) A certification from the proposed contractor that it currently is not and will not be in

    violation of section 334a of the Board of Ethics and Government Accountability

    Establishment and Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official

    Code § 1-1163.34a:

    The contractor 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.:

    The contractor is not a certified local, small, or disadvantaged business enterprise.

(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:

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    The contractor is not currently debarred.

(S) Any determination and findings issued 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 a Sole Source Procurement dated 09/19/2024

    Determination and Findings for Contractor Responsibility, dated 08/21/2024

    Determination and Findings for Price Reasonableness, dated 08/21/2024

    Determination and Findings For Cost Reimbursement dated 08/21/2024

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

    available online:

    www.ocp.dc.gov

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

    online:

    Not applicable.

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                  Government of the District of Columbia

                  Office of the Chief Financial Officer                                                1101 4th Street, SW

                  Office of Tax and Revenue                                                            Washington, DC 20024

Date of Notice:   August 5, 2024                                               Notice Number: L0012232061

UNITY HEALTH CARE INC                                                          FEIN: **-***2431

1100 NEW JERSEY AVE SE                                                         Case ID: 13312201

WASHINGTON DC 20003-3302

                                           CERTIFICATE OF CLEAN HANDS

    As reported in the Clean Hands system, the above referenced individual/entity has no outstanding

CO

    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)

                         PY

                § 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT

     Authorized By Melinda Jenkins

     Branch Chief, Collection and Enforcement Administration

    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.

                         1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov

                 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:          August 28, 2024

SUBJECT:       Certification of Funding for Comprehensive Medical and Dental Care, Behavioral

               Health Services, and Pharmacy Services – Unity Healthcare, Inc. (CW68868).

The Office of the Chief Financial Officer (OCFO), certifies funding in the approved FY 2025

Department of Corrections’ Operating Budget in the amount of $9,673,444.79 for

Comprehensive Medical and Dental Care, Behavioral Health Services, and Pharmacy Services

(Unity Healthcare, Inc.) – (CW68868) Sole Source Extension, October 15, 2024 through

December 31,2024.

Future orders above the funds available are contingent upon the identification of additional

funding.

For questions concerning this certification, please contact Anthony Norman, Agency Fiscal

Officer, at (202) 321-6412.

Attachment

cc:    Thomas Faust, Director, Department of Corrections

          3924 Minnesota Ave, NE, 2nd Floor. Washington, DC 20019

                   GOVERNMENT OF THE DISTRICT OF COLUMBIA

                          Office of the Attorney General

ATTORNEY GENERAL

BRIAN L. SCHWALB

Commercial Division

Government Contracts Section

MEMORANDUM

TO:            Sarina Loy

               Deputy Director

               Office of Policy and Legislative Affairs

FROM:          David Fisher

               Deputy Attorney General

DATE:          September 23, 2024

SUBJECT:       Approval of Sole Source Extension of Inmate Comprehensive Medical

               Services for DOC Inmates

               Contractor: Unity Health Care, Inc.

               Contract Number: CW68868

               Contract Amount: NTE $9,673,444.79

This is to Certify that this Office has reviewed the above-referenced Contract and found it to be

legally sufficient pending receipt of compliant insurance documents.

If you have any questions, please do not hesitate to call me at (202) 724-6658.

______________________________

       David Fisher

               400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 724-6658

  MODIFICATION OF CONTRACT                                                                      1. Contract Number               Page of Pages

                                                                                              cwosses       _ Ep

 ‘2. Modification Number              ‘3. Effective Date               “4 Requisition/Purchase Request No. | 5. Contract Caption

           M0018                      See Box 16C                                             Comprehensive Medical

                                                                                              Services for DOC Inmates

6.Issued by:                              Code               7. Administeredby(If otherthan line6)

 Peter Kem, Contract Specialist                               Beth Jordon, MD, Contract Administrator

 D.C. Office of Contracting and Procurement                   DC Department of Corrections

 441 4* Street, NW Suite 310 South                            3924 Minnesota Ave. N.E., 2" Floor

 Washington, D.C. 20001                                       Washington, D.C. 20019

      i: peterkem@de.gov

         ed Aaoss

                                                             beth jordon@de.gov

                  of Contador Ne sveatcy coony,Sate anda code)| 8A Amendment ofSOVCTaTon No

 Jessica H. Boyd, President/CEO                                                      $8 Dated

 Unity Health Care, Inc.                                                          TOK

 1100 New Jersey Ave SE, Suite 500                                            x | cwosses

 Washington, DC 20003

 jboyd@unityhealthcare.org, 202-715-7981

                                                                                        0B. Dated (See Tem 13)

 Code                                          Facility                                 04/05/2019

 "1_THIS TTEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS:

 12. Accounting and Appropriation Data

 {-,HISITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTSIORDERS, IT MODIFIES THE CONTRACTIORDER NO, AS DESCRIBED IN

           A This change order is issued pursuant to (Specify Authority):

                ‘The changes set forth in lem 14 are made in the